Bill Richardson 

Governor 

State of New Mexico 

oftzce of the Governor 

June 1 1,2009 

Mr. Lany Starfield 

Acting Regional Administrator 

U.S.. Environmental Protection Agency, Region 6 

1445 Ross Avenue 

Dallas, TX 75202-271 1 

Dear Mr. Starfield: 

On behalf of the New Mexico Environment Department, I am pleased to submit to the 

Environmental Protection Agency the enclosed revisions to the New Mexico State 

Implementation Plan (SIP). These revisions include amendments to New Mexico Administrative 

Code (NMAC) 20.2.2NMAC - DeJinitions; 20.2.74 NMAC -Permits -Prevention of 

SigniJicant Deterioration; and 202.2.79 NMAC -Permits - Nonattainment areas. The hearing 

record for all of the SIP revisions is attached, which includes the filed regulations, transcripts, 

exhibits, public notices, affidavits of publication, the notice of intent to testify, and public 

comments. 

If there are any questions concerning this SIP submittal, please contact Mary Uhl, Air Quality 

Bureau Chief, at (505) 476-4301. 

Sincerely, 

Bill Richardson 

Governor of New Mexico 

Enclosures 

cc: Jeffrey Robinson, EPA Region 6 

Guy Donaldson, EPA Region 6 

Ron Cuny, NMED, Cabinet Secretary 

Jim Norton, NMED, Environmental Protection Division Director 

Mary Uhl, Air Quality Bureau Chief 

State Capitol . Room 400 Santa Fe, New Mexico 87501 505-476-2200 www.govemor.state.nm.us 
NMAC TMNSMInAL FORM 

[Sequence # 1 

1. Issuing Agency -- 2. Agenq-Code - - (DFA) I Environmental Improvement Board / 667 J 

1 3. Agency Address --- 

P.Q. Box 26110 

1190 St. Francis Drive, Santa Fe, New Mexico 87502 

4. Contact Person -1 

Gail Cooke / Phone # 1 (505) 476-4319 1 FAX 1 (505) 476-4375 

Gail.cooke@state.nm.us 

5. Type of Rule Action 

New Amendment Renumber [? Repeal Emergency 

6. Total number of pages: 2 1 8. Effective date: / 87;1/09 -- _] 

[ 13 Most recent filing date (if applicable) I 

10. MMACName 

Title i Chapter 

Environmental Protection 1 Air Quality 1 Fe:nitions 

/ (Statewide) 

14 Are there any materials incorporated by reference? 

11. Amendment Description 

I-- Reference / Internet site -. 

No x Yes Please list attachments 

and Internet site(s) if 

applicable 2 

12 Amendment's NMAC Citation 

15 If materials are attached, has copyright permission been received? 

Amended Sections - 1 Section 120.2.2.7 NMAC 

Public domain 0 

16 Legal citation(s) that allows the Issung Agencyto regulate and the Lssuing Aufhorifyto promulgate 

regulations on this subjea(provide all that awlyJ. 

174-1-8 NMSA 1978; Chapter 74, Article 2 NMSA 1978 

17 Signature &Title of Issuing Authority (Delegated authority must be on file) - 

Name: Gregory Green Check if delegated 

authority 

Title: Chair 

0 
This is an amendment to 20.2.2 NMAC, Section 7 effective 813 1/09. 

20.2.2.7 DEFINITIONS: The following definitions apply to all Parts of Title 20, Chapter 2 NMAC. 

A. "Administrator" means the administrator of the IJnited States environmental protection agency 

(US EPA) or his or her designee. 

B. "Aerodynamic diameter" means the diameter of a sphere of unit density which behaves 

aerodynamically the same as the particle of the test substance. It is used to predict where particles of different size 

and density may be deposited in the respiratory tract. 

C. "Air contaminant" means any airborne substance, including but not limited to, any particulate 

matter, fly ash, dust, fumes, gas, mist, smoke, vapor, micro-organisms, radioactive material, any combination 

thereof or any decay or reaction product thereof. 

D. "Air pollution" means the emission, except as such emission occurs in nature, into the outdoor 

atmosphere of one or more air contaminants in such quantities and duration as may with reasonable probability 

injure human health, animal or plant life, or as may unreasonable interfere with the public welfare, visibility or the 

reasonable use of property. 

E. "Asbestos" includes chrysolite, crocidolite, amosite, anthophylite, tremolite, and actinolite. 

F. "Board" means the New Mexico environmental improvement board or its successor agency or 

authority. 

6. "Carbon dioxide" means the chemical compound containing one atom of carbon and two atoms 

of oxygen. 

H. "Carbon monoxide" means the chemical compound containing one atom of carbon and one atom 

of oxygen. 

I. "Department" means the New Mexico environment department or its successor agency or 

authority, as represented by the department secretary or his or her designee. 

J. "Federal act" means the Federal Clean Air Act, as amended, 42 U.S.C. sections 7401 et seq. 

K. "Flue" means, any duct for air, gases, or the like, such as a stack or chimney. 

L. "Fugitive dust" or "fugitive particulate matter" means particulate emissions which escape to 

the atmosphere due to leakage; materials handling, transfer or storage; travel over unpaved roads or parking areas; or 

other industrial activities, and which are not ducted through exhaust systems. 

M. "Greenhouse gas" means any of the following: carbon dioxide, methane, nitrous oxide, 

hydrofluorocarbons, perfluorocarbons or sulfur hexafluoride. 

N. "Heavy metal" means any metal having an atomic number greater than 21. 

0. "Hydrofluorocarbons" means gaseous chemical compounds containing only hydrogen, carbon, 

and fluorine atoms. 

P. "Hydrogen sulfide" means the chemical compound containing two atoms of hydrogen and one 

atom of sulfur. 

Q. "Kraft pulp" means the fibrous cellulose material produced in a krafi mill. 

R. "Lead" means elemental lead; alloys in which one of the elements is lead; or compounds 

containing lead, which are measured as elemental lead. 

S. "Methane" means the chemical compound containing one atom of carbon and four atoms of 

hydrogen. 

T. "mgIm3" means milligrams per cubic meter. 

IJ. "Nitrogen dioxide" means the chemical compound containing one atom of nitrogen and two 

atoms of oxygen, for the purposes of ambient determinations. The term "nitrogen dioxide," for the purposes of stack 

emissions monitoring, shall include nitrogen dioxide (the chemical compound containing one atom of nitrogen and 

two atoms of oxygen), nitric oxide (the chemical compound containing one atom of nitrogen and one atom of 

oxygen), and other oxides of nitrogen which may test as nitrogen dioxide. 

V. "Nitrous oxide" means the chemical compound containing two atoms of nitrogen and one atom 

of oxygen. 

W. "Non-methane hydrocarbons" means any combination of hydrocarbons (chemical compounds 

consisting of hydrogen and carbon) excluding only the molecule methane. 

X. "Ozone" means the chemical compound having the molecular composition of three oxygen 

atoms. 

Y. "Particulate matter" means any airborne, finely divided solid or liquid material with an 

aerodynamic diameter smaller than 100 micrometers. 

20.2.2 NMAC 
NMAC TMNSMITAL FORM 

1.24.1 0 NMAC [Sequence # 1 

1. Issuing Agency --- -- 2. Agency Code (DFA) -- I Environmental Improvement Board 1 667 

1 3. Agency Address -- 

P.O. Box 26110 

1190 St. Francis Drive, Santa Fe, New Mexico 87502 

4. Contact Person 1 

Name Gail Cooke I Phone # 1 (505) 476-4319 1 FAX 1 (505) 476-4375 

E-mail Gail.cooke@state.nm.us 

5. Type of Rule Action 

New Amendment Renumber 0 Repeal n Emergency /I 

1 6. ~obi number of pages: I 91 / 7. Hearing date: / 7/7/09 ] 1 8. Effective date: 1 -- 

9. NMAC Number 

Title 1 Chapter / part 

20 12 / 74 I 

10. NMAC Name 

-- / Chapter 1 ~art 

nmental Protection / Air Quality / Permits - Prevention of Significant Deterioration 

I (Statewide) I 

13 Most recent filing date (if applicableZ_ 17 I 77 I ~nnc I 

11. Amendment Description 

Amended Sections - 3 Sections 

14 Are there any materials incorporated by reference? - 

12 Amendment's MMAC Citation 

20.2.74 NMAC Sections 7, 502, and 

Reference 1 Internet site I 

No x Yes Please list attachmen& 

- and Internet site(..) if 

appliable 2 

15 If materials are attached, has copyright permission been received? 

Yes Public domain 0 

16 Legal citation(s) that allows the LFsuingAgencyto regulate and the Issuing AuChoriLyto promulgate 

regulations on this subjsprovide all that apply). 1 74-1-8 NMSA 1978; Chapter 74, Article 2 NMSA 1978 1 

17 Signature &Title of Issuing Authority (Delegated authority must be on fie) I 

Name: Gregory Green Check if delegated 

authority 0 

Title: Chair I 

Date Signed 
This is an amendment to 20.2.74 NMAC, Sections 7, 502, and 503 effective 813 1/09. 

20.2.74.7 DEFINITIONS: Terms used but not defined in this part shall have the meaning given them by 

20.2.2 NMAC (Definitions) (formerly AQCR 100). As used in this part the following definitions shall apply. 

A. "Act" means the Federal Clean Air Act, as amended, 42 U. S. C. Sections 7401 et seq. 

B. "Actual emissions" means the actual rate of emissions of a regulated new source review pollutant 

from an emissions unit, as determined in accordance with Paragraphs (2) through (4) of this subsection. 

(1) This definition shall not apply for calculating whether a significant emissions increase has 

occurred, or for establishing a PAL under 20.2.74.320 NMAC. Instead, Subsections G and AQ of this section shall 

apply for those purposes. 

(2) In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at 

which the unit actually emitted the pollutant during a consecutive 24-month period which precedes the particular 

date and which is representative of normal source operation. The department shall allow the use of a different time 

period upon a determination that it is more representative of normal source operation. Actual emissions shall be 

calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or 

combusted during the selected time period. 

(3) The department may presume that source-specific allowable emissions for the unit are equivalent 

to the actual emissions of the unit. 

(4) For any emissions unit that has not begun normal operations on the particular date, actual 

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

C. "Administrator" means the administrator of the U.S. environmental protection agency (EPA) or 

an authorized representative. 

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

management, protection, preservation, or enjoyment of the visitor's visual experience of the class I federal area. 

This determination must be made on a case-by-case basis taking into account the geographic extent, intensity, 

duration, frequency, and time of the visibility impairments and how these factors correlate with the following: 1) 

times of visitor use of the class I federal area; and 2) the frequency and timing of natural conditions that reduce 

visibility. This term does not include effects on integral vistas as defined in 40 CFR 51.301 Definitions. 

E. "Allowable emissions" means the emissions rate of a stationary source calculated using the 

maximum rated capacity of the source (unless the source is subject to federally enforceable limits which rest~icthe 

operating rate, or hours of operation, or both) and the most stringent of the following: 

(1) the applicable standards as set forth in 40 CFR Parts 60 and 61; 

(2) the applicable state implementation plan emissions limitation, including those with a future 

compliance date; or 

(3) the emissions rate specified as a federally enforceable permit condition, including those with a 

future compliance date. 

F. "Attainment area" means, for any air pollutant, an area which is shown by monitored data or 

which is calculated by air quality modeling not to exceed any national ambient air quality standard for such 

pollutant, and is so designated under Section 107 (d) (1) (D) or (E) of the act. 

6. "Baseline actual emissions" means the rate of emissions, in tons per year, of a regulated new 

source review pollutant, as determined in accordance with the following. 

(1) For any existing electric utility steam generating unit, baseline actual emissions means the 

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

period selected by the owner or operator within the 5-year period immediately preceding when the owner or operator 

begins actual construction of the prqject. The department shall allow the use of a different time period upon a 

determination that it is more representative of normal source operation. 

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

associated with startups, shutdowns, and malfunctions. 

(b) The average rate shall be adjusted downward to exclude any non-compliant emissions that 

occurred while the source was operating above an emission limitation that was legally enforceable during the 

consecutive 24-month period. 

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

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

emissions units being changed. A different consecutive 24-month period can be used For each regulated new source 

review pollutant. 

20.2.74 NMAC 
20.2.74 NMAC 2

 (d) The average rate shall not be based on any consecutive 24-month period for which there is 

inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required 

by Subparagraph (b) of this paragraph. 

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

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

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

either the date the owner or operator begins actual construction of the project, or the date a complete permit 

application is received by the department for a permit required either under this part or under a plan approved by the 

administrator, whichever is earlier, except that the 10-year period shall not include any period earlier than November 

15, 1990. 

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

associated with startups, shutdowns, and malfunctions. 

 (b) The average rate shall be adjusted downward to exclude any non-compliant emissions that 

occurred while the source was operating above an emission limitation that was legally enforceable during the 

consecutive 24-month period. 

 (c) The average rate shall be adjusted downward to exclude any emissions that would have 

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

stationary source been required to comply with such limitations during the consecutive 24-month period. However, 

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

proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted if the state has 

taken credit for such emissions reductions in an attainment demonstration or maintenance plan consistent with the 

requirements of 40 CFR 51.165(a)(3)(ii)(G). 

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

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

emissions units being changed. A different consecutive 24-month period can be used for each regulated new source 

review pollutant. 

 (e) The average rate shall not be based on any consecutive 24-month period for which there is 

inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required 

by Subparagraphs (b) and (c) of this paragraph. 

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

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

all other purposes, shall equal the unit's potential to emit. 

 (4) For a PAL for a stationary source, the baseline actual emissions shall be calculated for existing 

electric utility steam generating units in accordance with the procedures contained in Paragraph (1) of this 

subsection, for other existing emissions units in accordance with the procedures contained in Paragraph (2) of this 

subsection, and for a new emissions unit in accordance with the procedures contained in Paragraph (3) of this 

subsection. 

H. "Baseline area" means all lands designated as attainment or unclassifiable in which the major 

source or major modification would construct or would have an air quality impact equal to or greater than one 

microgram per cubic meter (annual average) of the pollutant for which the minor source baseline date is established. 

The major source or major modification establishes the minor source baseline date (see the definition "minor source 

baseline date" in this part). Lands are designated as attainment or unclassifiable under Section 107(d)(1)(D) or (E) 

of the act within each federal air quality control region in the state of New Mexico. Any baseline area established 

originally for TSP (total suspended particulates) increments shall remain in effect and shall apply for purposes of 

determining the amount of available PM-10 increments. A TSP baseline area shall not remain in effect if the 

department rescinds the corresponding minor source baseline date (see "minor source baseline date" in this part). 

I. "Baseline concentration" means that ambient concentration level that exists in the baseline area 

at the time of the applicable minor source baseline date. 

 (1) A baseline concentration is determined for each pollutant for which a minor source baseline date 

is established and shall include: 

 (a) the actual emissions, as defined in this section, representative of sources in existence on the 

applicable minor source baseline date, except as provided in Paragraph (2) of this subsection; 

 (b) the allowable emissions of major stationary sources that commenced construction before 

the major source baseline date, but were not in operation by the applicable minor source baseline date. 

 (2) The following will not be included in the baseline concentration and will affect the applicable 

maximum allowable increase(s): 
20.2.74 NMAC 3

 (a) actual emissions, as defined in this section, from any major stationary source on which 

construction commenced after the major source baseline date; and 

 (b) actual emissions increases and decreases, as defined in Subsection B of this section, at any 

stationary source occurring after the minor source baseline date. 

J. "Begin actual construction" means, in general, initiation of physical onsite construction 

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

installation of building supports and foundations, laying underground pipework and construction of permanent 

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

than preparatory activities which mark the initiation of the change. 

K. "Best Available Control Technology (BACT)" means an emissions limitation (including a 

visible emission standard) based on the maximum degree of reduction for each regulated pollutant which would be 

emitted from any proposed major stationary source or major modification, which the secretary determines is 

achievable on a case-by-case basis. This determination will take into account energy, environmental, and economic 

impacts and other costs. The determination must be achievable for such source or modification through application 

of production processes or available methods, systems, and techniques, including fuel cleaning, clean fuels, or 

treatment or innovative fuel combustion techniques for control of such pollutants. In no event shall application of 

best available control technology result in emissions of any pollutant which would exceed the emissions allowed by 

any applicable standard under 40 CFR Parts 60 and 61. If the secretary determines that technological or economic 

limitations on the application of measurement methodology to a particular emissions unit would make the 

imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard, or 

combination thereof, may be prescribed instead to satisfy the requirement for the application of best available 

control technology. Such standard shall, to the degree possible, set forth the emissions reduction achievable by 

implementation of such design, equipment, work practice, or operation, and shall provide for compliance by means 

which achieve equivalent results. 

L. "Building, structure, facility, or installation" means all of the pollutant emitting activities 

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

under the control of the same person (or persons under common control). Pollutant-emitting activities shall be 

considered as part of the same industrial grouping if they belong to the same "major group" (i.e., which have the 

same first two digit code) as described in the standard industrial classification (SIC) manual, 1972, as amended by 

the 1977 supplement (U. S. government printing office stock numbers 4101-0066 and 003-005-00176-0, 

respectively) or any superseding SIC manual. 

M. "Class I federal area" means any federal land that is classified or reclassified as "class I" as 

described in 20.2.74.108 NMAC. 

N. "Commence" means, as applied to construction of a major stationary source or major 

modification, that the owner or operator has all necessary preconstruction approvals or permits and has: 

 (1) Begun, or caused to begin, a continuous program of actual on-site construction of the source, to 

be completed within a reasonable time; or 

 (2) Entered into binding agreements or contractual obligations, which cannot be cancelled or 

modified without substantial loss to the owner or operator, to undertake and complete, within a reasonable time, a 

program of actual construction. 

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

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

emissions. 

P. "Continuous emissions monitoring system (CEMS)" means all of the equipment that may be 

required to meet the data acquisition and availability requirements of this section, to sample, condition (if 

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

Q. "Continuous emissions rate monitoring system (CERMS)" means the total equipment required 

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

R. "Continuous parameter monitoring system (CPMS)" means all of the equipment necessary to 

meet the data acquisition and availability requirements of this section, to monitor process and control device 

operational parameters (for example, control device secondary voltages and electric currents) and other information 

(for example, gas flow rate, O2 or CO2 concentrations), and to record average operational parameter value(s) on a 

continuous basis. 

S. "Department" means the New Mexico environment department. 

T. "Electric utility steam generating unit" means any steam electric generating unit that is 

constructed for the purpose of supplying more than one-third of its potential electric output capacity and more than 
20.2.74 NMAC 4

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

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

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

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

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

this section. For purposes of this section, there are two types of emissions units as described in the following. 

 (1) A new emissions unit is any emissions unit that is (or will be) newly constructed and that has 

existed for less than 2 years from the date such emissions unit first operated. 

 (2) An existing emissions unit is any emissions unit that does not meet the requirements in Paragraph 

(1) of this subsection. A replacement unit, as defined in this section, is an existing unit. 

V. "Federal land manager" means, with respect to any lands in the United States, a federal level 

cabinet secretary of a federal level department (e.g. interior dept.) with authority over such lands. 

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

administrator, including: 

 (1) those requirements developed pursuant to 40 CFR Parts 60 and 61; 

 (2) requirements within any applicable state implementation plan; 

 (3) any permit requirements established pursuant to 40 CFR 52.21; or 

 (4) under regulations approved pursuant to 40 CFR Part 51, Subpart I including 40 CFR 51.165 and 

40 CFR 51.166. 

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

chimney, vent, or other functionally equivalent opening. 

Y. "High terrain" means any area having an elevation nine hundred (900) feet or more above the 

base of a source's stack. 

Z. "Indian governing body" means the governing body of any tribe, band, or group of Indians 

subject to the jurisdiction of the United States and recognized by the United States as possessing power of selfgovernment. 

AA. "Innovative Control Technology" means any system of air pollution control that has not been 

adequately demonstrated in practice. But such system would have a substantial likelihood of achieving greater 

continuous emissions reduction than any control system in current practice or achieving at least comparable 

reductions at lower cost in terms of energy, economics, or non-air quality environmental impacts. 

AB. "Low terrain" means any area other than high terrain. 

AC. "Lowest achievable emission rate" means, for any source, the more stringent rate of emissions 

based on the following: 

 (1) the most stringent emissions limitation which is contained in the implementation plan of any state 

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

demonstrates that such limitations are not achievable; or 

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

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

new or modified emissions units within the stationary source. In no event shall the application of this term permit a 

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

applicable new source standard of performance. 

 AD. "Major modification" means any physical change in or change in the method of operation of a 

major stationary source that would result in: a significant emissions increase (as defined in of this section) of a 

regulated new source review pollutant (as defined in this section); and a significant net emissions increase of that 

pollutant from the major stationary source. Any significant emissions increase (as defined in this section) from any 

emissions units or net emissions increase (as defined in this section) at a major stationary source that is significant 

for volatile organic compounds or nitrogen oxides shall be considered significant for ozone. 

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

 (a) routine maintenance, repair, and replacement; 

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

of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of 

a natural gas curtailment plan pursuant to the Federal Power Act; 

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

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

from municipal solid waste; 

 (e) use of an alternative fuel or raw material by a stationary source which: 
20.2.74 NMAC 5

 (i) the source was capable of accommodating before January 6, 1975, unless such change 

would be prohibited under any federally enforceable permit condition which was established after January 6, 1975 

pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.165 or 40 CFR 51.166; or 

 (ii) the source is approved to use under any permit issued under 40 CFR 52.21 or under 

regulations approved pursuant to 40 CFR 51.166; 

 (f) an increase in the hours of operation or in the production rate, unless such change would be 

prohibited under any federally enforceable permit which was established after January 6, 1975, pursuant to 40 CFR 

52.21 or under regulations approved pursuant to 40 CFR 51.165 or 40 CFR 51.166; 

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

 (h) the installation, operation, cessation, or removal of a temporary clean coal technology 

demonstration project, provided that the project complies with: 

 (i) the state implementation plan for the state in which the project is located; and 

 (ii) other requirements necessary to attain and maintain the national ambient air quality 

standards during the project and after it is terminated. 

 (i) the installation or operation of a permanent clean coal technology demonstration project that 

constitutes repowering, provided that the project does not result in an increase in the potential to emit of any 

regulated pollutant emitted by the unit; this exemption shall apply on a pollutant-by-pollutant basis; 

 (j) the reactivation of a very clean coal-fired electric utility steam generating unit. 

 (2) This definition shall not apply with respect to a particular regulated new source review pollutant 

when the major stationary source is complying with the requirements under 20.2.74.320 NMAC for a PAL for that 

pollutant. Instead, the definition at Paragraph (8) of Subsection B of 20.2.74.320 NMAC shall apply. 

AE. "Major source baseline date" means: 

 (1) in the case of particulate matter and sulfur dioxide, January 6, 1975; and 

 (2) in the case of nitrogen dioxide, February 8, 1988. 

AF. "Major stationary source" means the following. 

 (1) Any stationary source listed in table 1 (20.2.74.501 NMAC) which emits, or has the potential to 

emit, emissions equal to or greater than one hundred (100) tons per year of any regulated new source review 

pollutant. 

 (2) Any stationary source not listed in table 1 (20.2.74.501 NMAC) and which emits or has the 

potential to emit two hundred fifty (250) tons per year or more of any regulated new source review pollutant. 

 (3) Any physical change that would occur at a stationary source not otherwise qualifying under 

Paragraphs (1) or (2) of this subsection if the change would constitute a major stationary source by itself. 

 (4) A major source that is major for volatile organic compounds or nitrogen oxides shall be 

considered major for ozone. 

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

purposes of this section whether it is a major stationary source, unless the source belongs to one of the stationary 

source categories found in Table 1 (20.2.74.501 NMAC) or any other stationary source category which, as of August 

7, 1980, is being regulated under Section 111 or 112 of the act. 

AG. "Mandatory class I federal area" means any area identified in the Code of Federal Regulations 

(CFR), 40 CFR Part 81, Subpart D. See 20.2.74.108 NMAC for a list of these areas in New Mexico. 

AH. "Minor source baseline date" means the earliest date after the trigger date on which the owner or 

operator of a major stationary source or major modification subject to 40 CFR 52.21 or to this part submits a 

complete application under the relevant regulations. 

 (1) The trigger date is: 

 (a) in the case of particulate matter and sulfur dioxide, August 7, 1977; and 

 (b) in the case of nitrogen dioxide, February 8, 1988. 

 (2) Any minor source baseline date established originally for the TSP (total suspended particulates) 

increments shall remain in effect and shall apply for purposes of determining the amount of available PM-10 

increments. The department may rescind any TSP minor source baseline date where it can be shown, to the 

department 's satisfaction, that the emissions increase from the major stationary source, or the net emissions increase 

from the major modification, responsible for triggering that date, did not result in a significant amount of PM-10 

emissions. 

AI. "Natural conditions" includes naturally occurring phenomena that reduce visibility as measured 

in terms of visual range, contrast or coloration. 
20.2.74 NMAC 6

AJ. "Necessary preconstruction approvals or permits" means those permits or approvals required 

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

part of the New Mexico state implementation plan. 

AK. "Net emissions increase" means, with respect to any regulated new source review pollutant 

emitted by a major stationary source, the following. 

 (1) The amount by which the sum of the following exceeds zero. 

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

operation at a stationary source as calculated pursuant to Subsection D of 20.2.74.200 NMAC. 

 (b) Any other increases and decreases in actual emissions at the major stationary source that 

are contemporaneous with the particular change and are otherwise creditable. Baseline actual emissions for 

calculating increases and decreases under this paragraph shall be determined as provided in Subsection G, except 

that Subparagraph (c) of Paragraph (1) and Subparagraph (d) of Paragraph (2) of Subsection G of this section shall 

not apply. 

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

particular change only if it occurs within the time period five years prior to the commencement of construction on 

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

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

 (a) it occurs within the time period five years prior to the commencement of construction on 

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

 (b) the department has not relied on it in issuing a permit for the source under regulations 

approved pursuant to this section, which permit is in effect when the increase in actual emissions from the particular 

change occurs. 

 (4) An increase or decrease in actual emissions of sulfur dioxide, particulate matter, or nitrogen 

oxides that occurs before the applicable minor source baseline date is creditable only if it is required to be 

considered in calculating the amount of maximum allowable increases remaining available. 

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

emissions exceeds the old level. 

 (6) A decrease in actual emissions is creditable only to the extent that: 

 (a) the old level of actual emissions or the old level of allowable emissions, whichever is 

lower, exceeds the new level of actual emissions; 

 (b) it is enforceable as a practical matter at and after the time that actual construction on the 

particular change begins; and 

 (c) it has approximately the same qualitative significance for public health and welfare as that 

attributed to the increase from the particular change. 

 (7) An increase that results from a physical change at a source occurs when the emissions unit on 

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

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

 (8) Paragraph (2) of Subsection B of this section shall not apply for determining creditable increases 

and decreases. 

AL. "Nonattainment area" means an area which has been designated under Section 107 of the 

Federal Clean Air Act as nonattainment for one or more of the national ambient air quality standards by EPA. 

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

with limited dismantling and reassembly. 

AN. "Potential to emit" means the maximum capacity of a stationary source to emit a pollutant under 

its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a 

pollutant, including air pollutant 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. 

AO. "Predictive emissions monitoring system (PEMS)" means all of the equipment necessary to 

monitor process and control device operational parameters (for example, control device secondary voltages and 

electric currents) and other information (for example, gas flow rate, O2 or CO2 concentrations), and calculate and 

record the mass emissions rate (for example, lb/hr) on a continuous basis. 

AP. "Project" means a physical change in, or change in method of operation of, an existing major 

stationary source. 
20.2.74 NMAC 7

AQ. "Projected actual emissions" means the maximum annual rate, in tons per year, at which an 

existing emissions unit is projected to emit a regulated new source review pollutant in any one of the 5 years (12-

month period) following the date the unit resumes regular operation after the project, or in any one of the 10 years 

following that date, if the project involves increasing the emissions unit's design capacity or its potential to emit that 

regulated new source review pollutant, and full utilization of the unit would result in a significant emissions 

increase, or a significant net emissions increase at the major stationary source. In determining the projected actual 

emissions (before beginning actual construction), the owner or operator of the major stationary source: 

 (1) shall consider all relevant information, including but not limited to, historical operational data, the 

company's own representations, the company's expected business activity and the company's highest projections of 

business activity, the company's filings with the state or federal regulatory authorities, and compliance plans under 

the approved plan; and 

 (2) shall include fugitive emissions to the extent quantifiable and emissions associated with startups, 

shutdowns, and malfunctions; and 

 (3) shall exclude, in calculating any increase in emissions that results from the particular project, that 

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

consecutive 24-month period used to establish the baseline actual emissions under Subsection G of this section and 

that are also unrelated to the particular project, including any increased utilization due to product demand growth; 

or, 

 (4) in lieu of using the method set out in Paragraphs (1) through (3) of this subsection, may elect to 

use the emissions unit's potential to emit, in tons per year, as defined in Subsection AQ of this section. 

AR. "Regulated new source review pollutant", for purposes of this part, means the following: 

 (1) any pollutant for which a national ambient air quality standard has been promulgated and any 

constituents or precursors for such pollutants identified by the administrator (e.g., volatile organic compounds and 

nitrogen oxides are precursors for ozone); 

 (2) any pollutant that is subject to any standard promulgated under Section 111 of the act; 

 (3) any class I or II substance subject to a standard promulgated under or established by title VI of the 

act; or 

 (4) any pollutant that otherwise is subject to regulation under the act; except that any or all hazardous 

air pollutants either listed in Section 112 of the act or added to the list pursuant to Section 112(b)(2) of the act, 

which have not been delisted pursuant to Section 112(b)(3) of the act, are not regulated new source review pollutants 

unless the listed hazardous air pollutant is also regulated as a constituent or precursor of a general pollutant listed 

under Section 108 of the act. 

AS. "Replacement unit" means an emission unit for which all of the following criteria are met. No 

creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced. 

 (1) The emissions unit is a reconstructed unit within the meaning of 40 CFR 60.15(b)(1), or the 

emissions unit completely takes the place of an existing emissions unit. 

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

 (3) The replacement unit does not change the basic design parameter(s) of the process unit. 

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

permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter. If 

the replaced emissions unit is brought back into operation, it shall constitute a new emissions unit. 

AT. "Secondary emissions" means emissions which occur as a result of the construction or operation 

of a major stationary source or major modification, but do not come from the major stationary source or major 

modification itself. For the purpose of this section, 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 major stationary source or major modification. 

Secondary emissions do not include any emissions which come directly from a mobile source, such as emissions 

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

AU. "Secretary" means the cabinet level secretary of the New Mexico environment department or his 

or her successor. 

AV. "Significant" means in reference to a net emissions increase or the potential of a source to emit 

air pollutants, a rate of emission that would equal or exceed any of the rates listed in table 2 (20.2.74.502 NMAC). 

AW. "Significant emissions increase" means, for a regulated new source review pollutant, an increase 

in emissions that is significant (as defined in Subsection AV of this section) for that pollutant. 
20.2.74 NMAC 8

AX. "Stationary source" means any building, structure, facility, or installation which emits, or may 

emit, any regulated new source review pollutant. 

AY. "Temporary source" means a stationary source which changes its location or ceases to exist 

within two years from the date of initial start of operations. 

AZ. "Visibility impairment" means any humanly perceptible change in visibility (visual range, 

contrast, coloration) from that which would have existed under natural conditions. 

BA. "Volatile organic compound (VOC)" means any organic compound which participates in 

atmospheric photochemical reactions; that is, any organic compound other than those which the administrator 

designates as having negligible photochemical reactivity. 

[07/20/95; 01/01/00; 20.2.74.7 NMAC - Rn, 20 NMAC 2.74.107, 10/31/02; A, 1/22/06; A, 8/31/09] 

20.2.74.502 TABLE 2 - SIGNIFICANT EMISSION RATES:

POLLUTANT EMISSION RATE (TONS/YR) 

Carbon monoxide 100 

Fluorides 3 

Lead 0.6 

Municipal waste combustor 

 Acid gases (measured as sulfur dioxide and hydrogen chloride) 40 (36 megagrams/year) 

 Metals (measured as particulate matter 15 (14 megagrams/year) 

 Organics (measured as total tetra- through octa-chlorinated 

dibenzo-p-dioxins and dibenzofurans) 

0.0000035 (0.0000032 megagrams/yr) 

Nitrogen oxides 40 

Ozone ([as VOC,] Volatile Organic Compounds or nitrogen oxides) 40 [(VOC)] 

Particulate Matter 

 Particulate matter emissions 25 

 PM-10 emissions 15 

Sulfur compounds 

 Hydrogen sulfide (H2S) 10 

 Reduced sulfur compounds (incl. H2S) 10 

 Sulfur dioxide 40 

 Sulfuric acid mist 7 

 Total reduced sulfur (incl. H2S) 10 

Any other pollutant regulated under the act that is not listed in this 

table 

Any emission rate 

Each regulated pollutant Emission rate or net emissions increase 

associated with a major stationary source 

or major modification that causes an air 

quality impact of one microgram per 

cubic meter or greater (24-hr average) in 

any class I federal area located within 10 

km of the source. 

[07/20/95; 20.2.74.502 NMAC - Rn, 20 NMAC 2.74 Table 2, 10/31/02; A, 1/22/06; A, 8/31/09] 

20.2.74.503 TABLE 3 - SIGNIFICANT MONITORING CONCENTRATIONS.

POLLUTANT 

AIR QUALITY 

CONCENTRATION 

micrograms per cubic meter 

AVERAGING TIME 

Carbon monoxide 575 8 hours 

Fluorides 0.25 24 hours 

Lead 0.1 3 months 

Nitrogen dioxide 14 Annual 

Ozone b 
20.2.74 NMAC 9

Particulate matter (PM-10) 10 24 hours 

Sulfur compounds 

 Hydrogen sulfide (H2S) 0.20 1 hour 

 Reduced sulfur compounds (incl. H2S) 10 1 hour 

 Sulfur dioxide 13 24 hours 

 Sulfuric acid mist a 

 Total reduced sulfur (incl. H2S) 10 1 hour 

a - No acceptable monitoring techniques available at this time. Therefore, monitoring is not required until 

acceptable techniques are available. 

b –No de minimis air quality level is provided for ozone. However, any net increase of 100 tons per year or 

more of volatile organic compounds or nitrogen oxides subject to PSD would be required to perform an 

ambient impact analysis, including the gathering of ambient air quality data. 

[07/20/95; 20.2.74.503 NMAC - Rn, 20 NMAC 2.74 Table 3, 10/31/02; A, 1/22/06; A, 8/31/09] 
f .24.10 NMAC 

i # ! 

. , I : tl 

NMAC TMNSMFCmAL FORM 

[Sequence # 1 

I Environmental Improvement Board 1 667 1 

1. Issuing Agency -- - - - - 

[ 3. Aqency Address -- .- 

-- 

2. Agency Code (DFA) 

P.O. Box 26110 

1190 St. Francis Drive, Santa Fe, New Mexico 87502 1 

( 4. Contact Person .------- 

Name Gail Cooke / Phone # 1 (505) 476-4319 / FAX I (505) 476-4375 

E-mail Gail.cooke@state.nm.~~s 

5. Type of Rule Action 

New Amendment Renumber 0 Repeal [3 Emergency /I -- I 6. Total number of pages:I .- 14 / 7. Hearing date: 1 7/7/09 

-- -- -- 1 / 8. Effective date: 1 8/31/09 -1 

11. Amendment Description 1 12 Amendment's NHMAC Citation 

10. NPlACMame 

Title / Chapter 

1 Amended Sections .- 3 Sections 120.2.79 NMAC Sections 7, 109, and I 

Environmental Protection 

1 I3 Most recent filing date (if applicable) 2 

Air Quality Permits- Nonattainment Areas 

(Statewide) 

14 Are there any materials incorporated by reference? 

I-- No x Yes 

Reference / Internet site ---- "- -" 

Please li. attachments 

and Internet site(s) if 

appliwble 2 

15 If materials are attached, has copyright permission been received? 1 

Yes Public domain 0 

17 Signature &Title of Issuing Authority (Delegated authofity must be on me) - 

Name: Gregory Green Check if delegated 

authority 

Title: Chair 

0 

422-4 0s 

Date Signed 
This is an amendment to 20.2.79 NMAC, section& I 09, and 1 15 effective 0813 1109. 

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

part, the following terms apply. 

A. "Actual emissions" means the actual rate of emissions of a regulated new source review pollutant 

from an emissions unit, as determined in accordance with the following, except that this definition shall not apply 

for calculating whether a significant emissions increase has occurred, or for establishing a plantwide applicability 

limit under 20.2.79.120 NMAC. Instead, Subsections E and A1 of this section shall apply for those purposes. 

(1) In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at 

which the unit actually emitted the pollutant during a consecutive 24-month period which precedes the particular 

date and which is representative of normal source operation. The department shall allow the use of a different time 

period upon a determination that it is more representative of normal source operation. Actual emissions shall be 

calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or 

combusted during the selected time period. 

(2) The department may presume that source-specific allowable emissions for the unit are equivalent 

to the actual emissions of the unit. 

(3) For any emissions unit that has not begun normal operations on the particular date, actual 

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

B. "Administrator" means the administrator of the U.S. environmental protection agency (EPA) or 

an authorized representative. 

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

management, protection, preservation, or enjoyment of the visitor's visual experience of the mandatory federal class 

I area. This determination must be made on a case-by-case basis taking into account the geographic extent, 

intensity, duration, frequency, and time of the visibility impairments and how these factors correlate with: 1) times 

of visitor use of the mandatory federal class I area, and 2) the frequency and timing of natural conditions that reduce 

visibility. This term does not include effects on integral vistas as defined in 40 CFR 5 1.301 Definitions. 

D. "Allowable emissions" means the emissions rate of a stationary source calculated using the 

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

operating rate, or hours of operation, or both) and the most stringent of the following: 

(1) the applicable standard set forth in 40 CFR Part 60 or 61; 

(2) any applicable state implementation plan emissions limitation including those with a hture 

compliance date; or 

(3) the emissions rate specified as a federally enforceable permit condition, including those with a 

future compliance date. 

E. "Baseline actual emissions" means the rate of emissions, in tons per year, of a regulated new 

source review pollutant, as determined in accordance with the following. 

(1) For any existing electric utility steam generating unit, baseline actual emissions means the 

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

period selected by the owner or operator within the 5-year period immediately preceding when the owner or operator 

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

determination that it is more representative of normal source operation. 

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

associated with startups, shutdowns, and malfunctions. 

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

occurred while the source was operating above any emission limitation that was legally enforceable during the 

consecutive 24-month period. 

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

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

emissions units being changed. A different consecutive 24-month period can be used for each regulated new source 

review pollutant. 

(d) The average rate shall not be based on any consecutive 24-month period for which there is 

inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required 

by Subparagraph (b) of Paragraph (I) of this subsection. 

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

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

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

20.2.79 NMAC 1 
20.2.79 NMAC 2

either the date the owner or operator begins actual construction of the project, or the date a complete permit 

application is received by the department for a permit required either under this section or under a plan approved by 

the administrator, whichever is earlier, except that the 10-year period shall not include any period earlier than 

November 15, 1990. 

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

associated with startups, shutdowns, and malfunctions. 

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

occurred while the source was operating above an emission limitation that was legally enforceable during the 

consecutive 24-month period. 

 (c) The average rate shall be adjusted downward to exclude any emissions that would have 

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

stationary source been required to comply with such limitations during the consecutive 24-month period. However, 

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

proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted if the state has 

taken credit for such emissions reductions in an attainment demonstration or maintenance plan consistent with the 

requirements of Subsection D of 20.2.79.115 NMAC. 

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

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

emissions units being changed. A different consecutive 24-month period can be used for each regulated new source 

review pollutant. 

 (e) The average rate shall not be based on any consecutive 24-month period for which there is 

inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required 

by Subparagraphs (b) and (c) of Paragraph (2) of this subsection. 

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

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

all other purposes, shall equal the unit's potential to emit. 

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

shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in 

Paragraph (1) of this subsection, for other existing emissions units in accordance with the procedures contained in 

Paragraph (2) of this subsection, and for a new emissions unit in accordance with the procedures contained in 

Paragraph (3) of this subsection. 

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

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

installation of building support and foundations, laying of underground pipework, and construction of permanent 

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

than preparatory activities which mark the initiation of the change. 

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

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

which would be emitted from any proposed major stationary source or major modification which the department, on 

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

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

systems, and techniques, including fuel cleaning, clean fuels, or treatment or innovative fuel combustion techniques 

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

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

the department determines that technological or economic limitations on the application of measurement 

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

equipment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the 

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

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

compliance by means which achieve equivalent results. 

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

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

under the control of the same person (or persons under common control). Pollutant-emitting activities shall be 

considered as part of the same industrial grouping if they belong to the same "major group" (i.e., which have the 

same two-digit code) as described in the standard industrial classification manual, 1972, as amended by the 1977 

supplement (U.S. government printing office stock numbers 4101-0066 and 003-005-00176-0, respectively). 
20.2.79 NMAC 3

I. "Commence" as applied to construction of a major stationary source or major modification 

means that the owner or operator has all necessary preconstruction approvals or permits and either has: 

 (1) begun, or caused to begin, a continuous program of actual on-site construction of the source, to be 

completed within a reasonable time; or 

 (2) entered into binding agreements or contractual obligations, which cannot be cancelled or modified 

without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be 

completed within a reasonable time. 

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

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

in actual emissions. 

K. "Continuous emissions monitoring system" (CEMS) means all of the equipment that may be 

required to meet the data acquisition and availability requirements of this section, to sample, condition (if 

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

L. "Continuous emissions rate monitoring system" (CERMS) means the total equipment required 

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

M. "Continuous parameter monitoring system" (CPMS) means all of the equipment necessary to 

meet the data acquisition and availability requirements of this section, to monitor process and control device 

operational parameters (for example, control device secondary voltages and electric currents) and other information 

(for example, gas flow rate, oxygen or carbon dioxide concentrations), and to record average operational parameter 

value(s) on a continuous basis. 

N. "Electric utility steam generating unit" means any steam electric generating unit that is 

constructed for the purpose of supplying more than one-third of its potential electric output capacity and more than 

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

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

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

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

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

Subsection N of this section. For purposes of this section, there are two types of emissions units. 

 (1) A new emissions unit is any emissions unit which is (or will be) newly constructed and which has 

existed for less than 2 years from the date such emissions unit first operated. 

 (2) An existing emissions unit is any emissions unit that does not meet the requirements in Paragraph 

(1) of this subsection. A replacement unit, as defined in this section, is an existing unit. 

P. "Federal class I area" means any Federal land that is classified or reclassified "class I". 

Q. "Federal land manager" means, with respect to any lands in the United States, the secretary of 

the department with authority over such lands. 

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

administrator, including those requirements developed pursuant to 40 CFR Parts 60 and 61, requirements within any 

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

regulations approved pursuant to 40 CFR Part 51, Subpart I including 40 CFR 51.165 and 40 CFR 51.166. 

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

chimney, vent, or other functionally equivalent opening. 

T. "Lowest achievable emission rate" means, for any source, the more stringent rate of emissions 

based on the following: 

 (1) the most stringent emissions limitation which is contained in the implementation plan of any state 

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

demonstrates that such limitations are not achievable; or 

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

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

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

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

applicable new source standard of performance. 

 U. "Major modification" means any physical change in or change in the method of operation of a 

major stationary source that would result in a significant emissions increase of a regulated new source review 

pollutant (as defined in this section); and a significant net emissions increase of that pollutant from the major 

stationary source. Any significant emissions increase (as defined in this section) from any emissions units or net 
20.2.79 NMAC 4

emissions increase (as defined in this section) at a major stationary source that is significant for volatile organic 

compounds or oxides of nitrogen shall be considered significant for ozone. 

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

 (a) routine maintenance, repair, and replacement; 

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

of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of 

a natural gas curtailment plan pursuant to the federal Power Act; 

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

Clean Air Act; 

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

from municipal solid waste; 

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

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

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

21, 1976 pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.165 or 40 CFR 51.166; or 

 (ii) the source is approved to use under any permit issued under 40 CFR 52.21 or under 

regulations approved pursuant to 40 CFR 51.166; 

 (f) an increase in the hours of operation or in the production rate, unless such change would be 

prohibited under any federally enforceable permit which was established after December 21, 1976, pursuant to 40 

CFR 52.21 or under regulations approved pursuant to 40 CFR 51.165 or 40 CFR 51.166; 

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

 (h) the installation, operation, cessation, or removal of a temporary clean coal technology 

demonstration project, provided that the project complies with the state implementation plan for the state in which is 

project is located, and other requirements necessary to attain and maintain the national ambient air quality standards 

during the project and after it is terminated. 

 (2) This definition shall not apply with respect to a particular regulated new source review pollutant 

when the major stationary source is complying with the requirements under 20.2.79.120 NMAC for a plantwide 

applicability limit for that pollutant. Instead, the definition at Paragraph (8) of Subsection B of 20.2.79.120 NMAC 

shall apply. 

 (3) For the purpose of applying the requirements of Subsection H of 20.2.79.109 NMAC to 

modifications at major stationary sources of nitrogen oxides located in ozone nonattainment areas or in ozone 

transport regions, whether or not subject to subpart 2, part D, title I of the federal Clean Air Act, any significant net 

emissions increase of nitrogen oxides is considered significant for ozone.

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

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

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

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

ozone nonattainment area that is subject to subpart 2, part D, title I of the federal Clean Air Act.

V. "Major stationary source" means the following. 

 (1) Any stationary source of air pollutants which emits, or has the potential to emit, 100 tons per year 

or more of any regulated new source review pollutant, except that lower emissions thresholds shall apply in areas 

subject to subpart 2, subpart 3, or subpart 4 of part D, title I of the [subject to regulation under of the] federal Clean 

Air Act, according to Subparagraphs (a) through (f) of Paragraph (1) of Subsection V of 20.2.79.7 NMAC

 (a) 50 tons per year of volatile organic compounds in any serious ozone nonattainment area.

 (b) 50 tons per year of volatile organic compounds in an area within an ozone transport region, 

except for any severe or extreme ozone nonattainment area.

 (c) 25 tons per year of volatile organic compounds in any severe ozone nonattainment area.

 (d) 10 tons per year of volatile organic compounds in any extreme ozone nonattainment area. 

 (e) 50 tons per year of carbon monoxide in any serious nonattainment area for carbon 

monoxide, where stationary sources contribute significantly to carbon monoxide levels in the area (as determined 

under rules issued by the United States environmental protection agency administrator). 

 (f) 70 tons per year of PM10 in any serious nonattainment area for PM10.

 (2) For the purposes of applying the requirements of Subsection H of 20.2.79.109 NMAC to 

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

stationary source which emits, or has the potential to emit, 100 tons per year or more of nitrogen oxides emissions, 
20.2.79 NMAC 5

except that the emission thresholds in Subparagraphs (a) through (f) of Paragraph (1) of Subsection V of 20.2.79.7 

NMAC shall apply in areas subject to subpart 2 of part D, title I of the federal Clean Air Act.

 (a) 100 tons per year or more of nitrogen oxides in any ozone nonattainment area classified as 

marginal or moderate.

 (b) 100 tons per year or more of nitrogen oxides in any ozone nonattainment area classified as 

a transitional, submarginal, or incomplete or no data area, when such area is located in an ozone transport region.

 (c) 100 tons per year or more of nitrogen oxides in any area designated under section 107(D) if 

the federal Clean Air Act as attainment or unclassifiable for ozone that is located in an ozone transport region.

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

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

 (f) 10 tons per year or more of nitrogen oxides in any extreme nonattainment area for ozone; or

 [(2)](3) Any physical change that would occur at a stationary source not qualifying under Paragraph 

(1) or (2) of this definition as a major stationary source, if the change would constitute a major stationary source by 

itself. 

 [(3)](4) A major stationary source that is major for volatile organic compounds or oxides of nitrogen 

shall be considered major for ozone. 

 [(4)](5) A stationary source shall not be a major stationary source due to fugitive emissions, to the 

extent they are quantifiable, unless the source belongs to: 

 (a) any category in Subsection B of 20.2.79.119 NMAC; or 

 (b) any other stationary source category which as of August 7, 1980 is being regulated under 

Section 111 or 112 of the federal Clean Air Act. 

 [(5)](6) A stationary source shall not be a major stationary source due to secondary emissions. 

W. "Mandatory federal class I area" means those federal lands that are international parks, national 

wilderness areas which exceed five thousand (5,000) acres in size, national memorial parks which exceed five 

thousand (5,000) acres in size, and national parks which exceed six thousand (6,000) acres in size, and which were 

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

X. "Natural conditions" includes naturally occurring phenomena that reduce visibility as measured 

in terms of visual range, contrast or coloration. 

Y. "Necessary preconstruction approvals or permits" means those permits or approvals required 

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

part of the applicable state implementation plan. 

Z. "Net emissions increase".

 (1) With respect to any regulated new source review pollutant emitted by a major stationary source, 

the amount by which the sum of the following exceeds zero: 

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

operation at a stationary source as calculated pursuant to Subsection E of 20.2.79.109 NMAC; and 

 (b) any other increases and decreases in actual emissions at the major stationary source that are 

contemporaneous with the particular change and are otherwise creditable; baseline actual emissions for calculating 

increases and decreases shall be determined as provided in Subsection E of this section, except that Subparagraphs 

(c) and (d) of Paragraph (2) of Subsection E of this section shall not apply. 

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

particular change only if it occurs within the time period five years prior to the commencement of construction on 

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

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

 (a) it occurs within the time period five years prior to the commencement of construction on 

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

 (b) either the department or the administrator has not relied on it in issuing a permit for the 

source under regulations approved pursuant to this section, which permit is in effect when the increase in actual 

emissions from the particular change occurs. 

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

emissions exceeds the old level. 

 (5) A decrease in actual emissions is creditable only to the extent that: 

 (a) the old level of actual emissions or the old level of allowable emissions whichever is lower, 

exceeds the new level of actual emissions; 

 (b) it is enforceable as a practical matter at and after the time that actual construction on the 

particular change begins; 
20.2.79 NMAC 6

 (c) the department has not relied on it in issuing any permit under regulations approved 

pursuant to 40 CFR Part 51 Subpart I or the state has not relied on it in demonstrating attainment or reasonable 

further progress; and 

 (d) it has approximately the same qualitative significance for public health and welfare as that 

attributed to the increase from the particular change. 

 (6) An increase that results from a physical change at a source occurs when the emissions unit on 

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

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

 (7) Paragraph (1) of Subsection A of this section shall not apply for determining creditable increases 

and decreases or after a change. 

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

which is calculated by air quality modeling (or other methods determined by the administrator to be reliable) to 

exceed any national ambient air quality standard for such pollutant. Such term includes any area identified under 

Subparagraphs (A) through (C) of Section 107(d)(1) of the federal Clean Air Act. 

AB. "Nonattainment major new source review (NSR) program" means a major source 

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

state implementation plan to implement the requirements of 40 CFR 51.165, or a program that implements 40 CFR 

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

permit. 

AC. "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. 

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

with limited dismantling and reassembly. 

AE. "Potential to emit" means the maximum capacity of a stationary source to emit a pollutant under 

its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a 

pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount 

of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it 

would have on emissions is federally enforceable. 

AF. "Predictive emissions monitoring system" (PEMS) means all of the equipment necessary to 

monitor process and control device operational parameters (for example, control device secondary voltages and 

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

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

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

20.2.74 NMAC. 

AH. "Project" means a physical change in, or change in the method of operation of, an existing major 

stationary source. 

 AI. "Projected actual emissions" means, the maximum annual rate, in tons per year, at which an 

existing emissions unit is projected to emit a regulated new source review pollutant in any one of the 5 years (12-

month period) following the date the unit resumes regular operation after the project, or in any one of the 10 years 

following that date, if the project involves increasing the emissions unit's design capacity or its potential to emit of 

that regulated new source review pollutant and full utilization of the unit would result in a significant emissions 

increase or a significant net emissions increase at the major stationary source. In determining the projected actual 

emissions before beginning actual construction, the owner or operator of the major stationary source: 

 (1) shall consider all relevant information, including but not limited to, historical operational data, the 

company's own representations, the company's expected business activity and the company's highest projections of 

business activity, the company's filings with the state or federal regulatory authorities, and compliance plans under 

the approved plan; and 

 (2) shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, 

shutdowns, and malfunctions; and 

 (3) shall exclude, in calculating any increase in emissions that results from the particular project, that 

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

consecutive 24-month period used to establish the baseline actual emissions under Subsection E of this section and 

that are also unrelated to the particular project, including any increased utilization due to product demand growth; 

or, 

 (4) in lieu of using the method set out in Paragraphs (1) through (3) of this subsection, may elect to 

use the emissions unit's potential to emit, in tons per year, as defined under Subsection AE of this section. 
20.2.79 NMAC 7

 AJ. "Regulated new source review pollutant", for purposes of this section, means the following: 

 (1) nitrogen oxides or any volatile organic compounds; 

 (2) any pollutant for which a national ambient air quality standard has been promulgated; [or] 

 (3) any pollutant that is a constituent or precursor of a general pollutant listed in Paragraphs (1) or (2) 

of this subsection, provided that a constituent or precursor pollutant may only be regulated under new source review 

as part of regulation of the general pollutant. 

AK. "Replacement Unit" means an emission unit for which all of the following criteria are met. No 

creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced. 

 (1) The emissions unit is a reconstructed unit within the meaning of 40 CFR 60.15(b)(1), or the 

emissions unit completely takes the place of an existing emissions unit. 

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

 (3) The replacement unit does not change the basic design parameter(s) of the process unit. 

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

permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter. If 

the replaced emissions unit is brought back into operation, it shall constitute a new emissions unit. 

AL. "Secondary emissions" means emissions which would occur as a result of the construction or 

operation of a major stationary source or major modification, but do not come from the major stationary source or 

major modification itself. For the purpose of this section, secondary emissions must be specific, well defined, 

quantifiable, and impact the same general area as the stationary source or modification which causes the secondary 

emissions. Secondary emissions include emissions from any offsite support facility which would not be constructed 

or increase its emissions except as a result of the construction or operation of the major stationary source or major 

modification. Secondary emissions do not include any emissions which come directly from a mobile source, such as 

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

AM. "Significant" means: 

 (1) In reference to a net emissions increase or the potential of a source to emit any of the following 

pollutants, a rate of emissions that would equal or exceed any of the following rates: carbon monoxide, 100 tons per 

year; nitrogen oxides, 40 tons per year; sulfur dioxide, 40 tons per year; PM-10 emissions, 15 tons per year; ozone, 

40 tons per year of volatile organic compounds or nitrogen oxides; lead, 0.6 tons per year. 

 (2) Notwithstanding the significant emissions rate for ozone in Paragraph (1) of Subsection AM of 

20.2.79.7 NMAC, significant means, in reference to an emissions increase or a net emissions increase, any increase 

in actual emissions of volatile organic compounds that would result from any physical change in, or change in the 

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

subject to subpart 2, part D, title I of the federal Clean Air Act, if such emissions increase of volatile organic 

compounds exceeds 25 tons per year.

 (3) For the purposes of applying the requirements of Subsection H of 20.2.79.109 NMAC to 

modifications at major stationary sources of nitrogen oxides located in an ozone nonattainment area or in an ozone 

transport region, the significant emission rates and other requirements for volatile organic compounds in Paragraphs 

(1), (2), and (5) of Subsection AM of 20.2.79.7 NMAC shall apply to nitrogen oxides emissions.

 (4) Notwithstanding the significant emissions rate for carbon monoxide under Paragraph (1) of 

Subsection AM of 20.2.79.7 NMAC significant means, in reference to an emissions increase or a net emissions 

increase, any increase in actual emissions of carbon monoxide that would result from any physical change in, or 

change in the method of operation of, a major stationary source in a serious nonattainment area for carbon monoxide 

if such increase equals or exceeds 50 tons per year, provided the U.S. environmental protection agency administrator 

has determined that stationary sources contribute significantly to carbon monoxide levels in that area.

 (5) Notwithstanding the significant emissions rates for ozone under Paragraphs (1) and (2) of 

Subsection AM of 20.2.79.7 NMAC, any increase in actual emissions of volatile organic compounds from any 

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

nonattainment area that is subject to subpart 2, part D, title I of the federal Clean Air Act shall be considered a 

significant net emissions increase.

 AN. "Significant emissions increase" means, for a regulated new source review pollutant, an increase 

in emissions that is significant (as defined in Subsection AM of this section) for that pollutant. 

AO. "Stationary source" means any building, structure, facility, or installation which emits or may 

emit any regulated new source review pollutant. 

AP. "Temporary source" means a stationary source which changes its location or ceases to exist 

within one year from the date of initial start of operations. 
20.2.79 NMAC 8

AQ. "Visibility impairment" means any humanly perceptible change in visibility (visual range, 

contrast, coloration) from that which would have existed under natural conditions. 

[11/30/95; 20.2.79.7 NMAC - Rn, 20 NMAC 2.79.107, 10/31/02; A, 1/22/06; A, 08/31/09] 

20.2.79.109 APPLICABILITY.

A. Any person constructing any new major stationary source or major modification shall obtain a 

permit from the department in accordance with the requirements of this part prior to the start of construction or 

modification if either of the following conditions apply: 

 (1) the major stationary source or major modification will be located within a nonattainment area so 

designated pursuant to Section 107 of the federal Clean Air Act and will emit a regulated pollutant for which it is 

major and which the area is designated nonattainment for; or 

 (2) the major stationary source or major modification will be located within an area designated 

attainment or unclassifiable pursuant to Section 107 of the federal Clean Air Act and will emit a regulated pollutant 

for which it is major and the ambient impact of such pollutant would exceed any of the significance levels in 

Subsection A of 20.2.79.119 NMAC at any location that does not meet any national ambient air quality standard for 

the same pollutant. (See Subsection D of 20.2.79.109 NMAC.) 

B. The requirements of this part apply to each regulated pollutant meeting the criteria of either 

Paragraph (1) or Paragraph (2) of Subsection A of 20.2.79.109 NMAC. 

C. For an area which is nonattainment for ozone, volatile organic compounds and oxides of nitrogen 

are the regulated pollutants which may make this part applicable under the provisions of Paragraph (1) of Subsection 

A of 20.2.79.109 NMAC. 

D. Other requirements. 

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

Subsection A of 20.2.79.109 NMAC shall demonstrate that the source or modification will not cause or contribute to 

a violation of any national ambient air quality standard by meeting the following requirements and no others of this 

part: 

 (a) Paragraph (2) of Subsection C of 20.2.79.112 NMAC regarding emission offsets; 

 (b) Subsection D of 20.2.79.112 NMAC regarding a net air quality benefit; 

 (c) 20.2.79.114 NMAC - Emission Offset Baseline; 

 (d) 20.2.79.115 NMAC - Emission Offset; and 

 (e) 20.2.79.117 NMAC - Air Quality Benefit. 

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

A of 20.2.79.109 NMAC and is also a major stationary source or major modification as defined in 20.2.74 NMAC 

(prevention of significant deterioration (PSD)), shall obtain a PSD permit under the provisions of 20.2.74 NMAC. 

E. Applicability procedures. 

 (1) Except as otherwise provided in Paragraphs (3) and (4) of this subsection, and consistent with the 

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

causes two types of emissions increases - a significant emissions increase (as defined in Subsection AM of 20.2.79.7 

NMAC), and a significant net emissions increase (as defined in Subsections Z and AM of 20.2.79.7 NMAC). The 

project is not a major modification if it does not cause a significant emissions increase. If the project causes a 

significant emissions increase, then the project is a major modification only if it also results in a significant net 

emissions increase. 

 (2) The procedure for calculating (before beginning actual construction) whether a significant 

emissions increase (i.e., the first step of the process) will occur depends upon the type of emissions units being 

modified, according to Paragraphs (3) and (4) of this subsection. The procedure for calculating (before beginning 

actual construction) whether a significant net emissions increase will occur at the major stationary source (i.e., the 

second step of the process) is contained in the definition of net emissions increase. Regardless of any such 

preconstruction projections, a major modification results if the project causes a significant emissions increase and a 

significant net emissions increase. 

 (3) Actual-to-projected-actual applicability test for projects that involve existing emissions units. A 

significant emissions increase of a regulated new source review pollutant is projected to occur if the sum of the 

difference between the projected actual emissions and the baseline actual emissions (as defined in Paragraphs (1) 

and (2) of Subsection E of 20.2.79.7 NMAC, as applicable), for each existing emissions unit, equals or exceeds the 

significant amount for that pollutant (as defined in Subsection AM of 20.2.79.7 NMAC). 

 (4) Actual-to-potential test for projects that involve construction of a new emissions unit(s). A 

significant emissions increase of a regulated new source review pollutant is projected to occur if the sum of the 
20.2.79 NMAC 9

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

baseline actual emissions (as defined in Paragraph (3) of Subsection E of 20.2.79.7 NMAC) of these units before the 

project equals or exceeds the significant amount for that pollutant (as defined in Subsection AM of 20.2.79.7 

NMAC). 

 (5) Hybrid test for projects that involve multiple types of emissions units. A significant emissions 

increase of a regulated NSR pollutant is projected to occur if the sum of the emissions increases for each emissions 

unit, using the method specified in Paragraphs (3) and (4) of this subsection as applicable with respect to each 

emissions unit, for each type of emissions unit equals or exceeds the significant amount for that pollutant. For 

example, if a project involves both an existing emissions unit and a new emissions unit, the projected increase is 

determined by summing the values determined using the method specified in Paragraph (3) of this subsection for the 

existing unit and determined using the method specified in Paragraph (4) of this subsection for the new unit. 

 (6) For any major stationary source for a PAL for a regulated new source review pollutant, the major 

stationary source shall comply with requirements under 20.2.79.120 NMAC. 

F. The following specific provisions apply to projects at existing emissions units at a major 

stationary source (other than projects at a source with a PAL) in circumstances where the owner or operator elects to 

use the method specified in Paragraphs (1) through (3) of Subsection AI of 20.2.79.7 NMAC for calculating 

projected actual emissions. 

 (1) Before beginning actual construction of the project, the owner or operator shall document and 

maintain a record of the following information: 

 (a) a description of the project; 

 (b) identification of the emissions unit(s) whose emissions of a regulated new source review 

pollutant could be affected by the project; and 

 (c) a description of the applicability test used to determine that the project is not a major 

modification for any regulated new source review pollutant, including the baseline actual emissions, the projected 

actual emissions, the amount of emissions excluded under Paragraph (3) of Subsection AI of 20.2.79.7 NMAC and 

an explanation for why such amount was excluded, and any netting calculations, if applicable. 

 (2) If the emissions unit is an existing electric utility steam generating unit, before beginning actual 

construction, the owner or operator shall provide a copy of the information set out in Paragraph (1) of this 

subsection to the department. Nothing in this paragraph shall be construed to require the owner or operator of such a 

unit to obtain any determination from the department; however, necessary preconstruction approvals and/or permits 

must be obtained before beginning actual construction. 

 (3) The owner or operator shall monitor the emissions of any regulated new source review pollutant 

that could increase as a result of the project and that is emitted by any emissions units identified in Subparagraph (b) 

of Paragraph (1) of this subsection; and calculate and maintain a record of the annual emissions, in tons per year on 

a calendar year basis, for a period of 5 years following resumption of regular operations after the change, or for a 

period of 10 years following resumption of regular operations after the change if the project increases the design 

capacity or potential to emit of that regulated new source review pollutant at such emissions unit. 

 (4) If the unit is an existing electric utility steam generating unit, the owner or operator shall submit a 

report to the department within 60 days after the end of each year during which records must be generated under 

Paragraph (3) of this subsection setting out the unit's annual emissions during the year that preceded submission of 

the report. 

 (5) If the unit is an existing unit other than an electric utility steam generating unit, the owner or 

operator shall submit a report to the department if the annual emissions, in tons per year, from the project identified 

in Paragraph (1) of this subsection, exceed the baseline actual emissions (as documented and maintained pursuant to 

Subparagraph (c) of Paragraph (1) of this subsection, by a significant amount (as defined in Subsection AM of 

20.2.79.7 NMAC) for that regulated new source review pollutant, and if such emissions differ from the 

preconstruction projection as documented and maintained pursuant to Subparagraph (c) of Paragraph (1) of this 

subsection. Such report shall be submitted to the department within 60 days after the end of such year. The report 

shall contain the following: 

 (a) the name, address and telephone number of the major stationary source; 

 (b) the annual emissions as calculated pursuant to Paragraph (3) of this subsection; and 

 (c) any other information that the owner or operator wishes to include in the report (e.g., an 

explanation as to why the emissions differ from the preconstruction projection). 

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

maintained pursuant to Subsection F of this section (20.2.79.109 NMAC) available for review upon a request for 
20.2.79 NMAC 10

inspection by the department or the general public pursuant to the requirements contained in 40 CFR 

70.4(b)(3)(viii). 

H. The requirements of this section (20.2.79.109 NMAC) applicable to major stationary sources and 

major modifications of volatile organic compounds shall apply to nitrogen oxides emissions from major stationary 

sources and major modifications of nitrogen oxides in an ozone transport region or in any ozone nonattainment area, 

except in ozone nonattainment areas or in portions of an ozone transport region where the U.S. environmental 

protection agency administrator has granted a NOX waiver applying the standards set forth under section 182(f) of 

the federal Clean Air Act and the waiver continues to apply.

I. In meeting the emissions offset requirements of 20.2.79.115 NMAC for ozone nonattainment 

areas that are subject to subpart 2, part D, title I of the clean air act, the ratio of total actual emissions reductions of 

VOC to the emissions increase of VOC shall be as follows:

 (1) in any marginal nonattainment area for ozone, at least 1.1:1;

 (2) in any moderate nonattainment area for ozone, at least 1.15:1;

 (3) in any serious nonattainment area for ozone, at least 1.2:1;

 (4) in any severe nonattainment area for ozone, at least 1.3:1 (except that the ratio may be at least 

1.2:1 if the approved state implementation plan also requires all existing major sources in such nonattainment area to 

use BACT for the control of VOC); and

 (5) in any extreme nonattainment area for ozone, at least 1.5:1 (except that the ratio may be at least 

1.2:1 if the approved state implementation plan also requires all existing major sources in such nonattainment area to 

use BACT for the control of VOC.

 J. Notwithstanding the requirements of Paragraph (1) of Subsection I of 20.2.79.109 NMAC for 

meeting the requirements of 20.2.79.115 NMAC, the ratio of total actual emissions reductions of VOC to the 

emissions increase of VOC shall be at least 1.15:1 for all areas within an ozone transport region that is subject to 

subpart 2, part D title I of the federal Clean Air Act, except for serious, severe, and extreme ozone nonattainment 

areas that are subject to subpart 2, part D, title I of the federal Clean Air Act.

 K. Meeting the emissions offset requirements of 20.2.79.115 NMAC for ozone nonattainment areas 

that are subject to subpart 1, part D, title I of the clean air act, including 8-hour ozone nonattainment areas subject to 

40 CFR 51.902(b), the ratio of total actual emissions increase of VOC shall be at least 1:1.

L. The requirements of 20.2.79.109 NMAC applicable to major stationary sources and major 

modifications of PM10 shall also apply to major stationary sources and major modifications of PM10 precursors 

except where the US. environmental protection agency administrator determines that such sources do not contribute 

significantly to PM10 levels that exceed the PM10 ambient standards in the area. 

[11/30/95; 20.2.79.109 NMAC - Rn, 20 NMAC 2.79.109, 10/31/02; A, 1/22/06; A, 08/31/09] 

20.2.79.115 EMISSION OFFSETS. All emission offsets approved by the department shall meet the 

following criteria. 

A. All emission reductions claimed as offset credit shall be from decreases of the same pollutant for 

which the offset is required. 

B. All emission reductions claimed as offset credit shall occur prior to or concurrent with the start of 

operation of the proposed source. In addition, past reductions must have occurred later than the date upon which the 

area became nonattainment in order to be creditable. 

C. For the case where emission reductions claimed as offset credit occur at the source subject to this 

part, such reductions shall be a condition required by a federally enforceable permit. For the case where emission 

reductions claimed as offset credit occur at a neighboring source, such reductions shall be incorporated as 

modifications to pertinent federally enforceable permits held by the neighboring source. If the neighboring source 

has no relevant permits, the reductions shall be approved as a revision to the state implementation plan by the board. 

D. Offset credit for any emissions reduction can be claimed only to the extent that the department or 

U.S. EPA has not relied on it in previously issuing any permit or in demonstrating attainment or reasonable further 

progress. 

E. No emissions reduction credit shall be allowed for replacing one volatile organic compound with 

another of lesser reactivity, except as approved by the U.S. EPA reactivity guidance found at 42 federal register

35314, (1977), and any amendments thereto. 

F. Emission reduction credit may be allowed for a source permanently curtailing production or 

operating hours below baseline levels provided that the work force to be affected has been notified of the 

curtailment. 
20.2.79 NMAC 11

 (1) Emissions reductions achieved by shutting down an existing [source] emission unit or curtailing 

production or operating hours below baseline levels may be generally credited for offsets if such reductions are 

permanent, quantifiable, and federally enforceable[, and if the area has an EPA-approved attainment plan]. In 

addition, the shutdown or curtailment is creditable only if it occurred [on or after the date specified for this purpose 

in the plan, and if such date is on or] after the date of the most recent emissions inventory used in the state 

implementation plan's demonstration of attainment. [Where the plan does not specify a cutoff date for shutdown 

credits, the date of the most recent emissions inventory or attainment demonstration, as the case may be, shall 

apply.] However, in no event may credit be given for shutdowns which occurred prior to August 7, 1977. For 

purposes of this paragraph, a permitting authority may choose to consider a prior shutdown or curtailment to have 

occurred after the date of [its most recent emissions] the base year inventory, if the projected inventory used to 

develop the attainment demonstration explicitly includes [as current existing emissions] the emissions from such 

previously shutdown or curtailed [sources] emission units. 

 (2) Such reductions may be credited in the absence of an approved attainment demonstration only if 

the shutdown or curtailment occurred on or after the date the new source permit application is filed, or, if the 

applicant can establish that the proposed new [source] emission unit is a replacement for the shutdown or curtailed 

[source] emission unit, and the [cutoff date] provisions of Paragraph (1) of Subsection F of 20.2.79.7 NMAC are 

observed. 

G. Where the most stringent emissions limit which is applicable allows greater emissions than the 

potential to emit of the offsetting source, emission offset credit will be allowed only for control below the potential 

to emit of the source. 

H. The emission limit for determining emission offset credit involving an existing fuel combustion 

source shall be the most stringent emission standard which is applicable for this source for the type of fuel being 

burned at the time the permit application is filed. If the existing source commits to switch to a cleaner fuel, emission 

offset credit based on the difference between the allowable emissions of the fuels involved shall be acceptable only 

if an alternative control measure, which would achieve the same degree of emission reduction should the source 

switch back to a fuel which produces more pollution, is specified in a permit issued by the department. 

I. The owner or operator desiring to utilize an emission reduction as an offset shall submit to the 

department the following information: 

 (1) a detailed description of the process to be controlled and the control technology to be used; and 

 (2) emission calculations showing the types and amounts of actual emissions to be reduced; and 

 (3) the effective date of the reduction. 

J. Source shutdowns and curtailments in production or operating hours may be used for emission 

offset credit only if they occur after August 7, 1977, or less than one year prior to the date of permit application, 

whichever is earlier, and the proposed new source for which the offset is to apply is a replacement for the shutdown 

or curtailment. 

K. The total tonnage of increased emissions, in tons per year, resulting from a major modification that 

must be offset in accordance with Section 173 of the federal Clean Air Act shall be determined by summing the 

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

for each emissions unit. 

[11/30/95; 20.2.79.115 NMAC - Rn, 20 NMAC 2.79.115, 10/31/02; A, 1/22/06; A, 08/31/09] 
20.2.2 NMAC 1

TITLE 20 ENVIRONMENTAL PROTECTION 

CHAPTER 2 AIR QUALITY (STATEWIDE) 

PART 2 DEFINITIONS

20.2.2.1 ISSUING AGENCY: New Mexico Environmental Improvement Board. 

[10/27/95; 20.2.2.1 NMAC - Rn, 20 NMAC 2.100, 10/31/02] 

20.2.2.2 SCOPE: The provisions of this part shall apply to all New Mexico regulations regarding air 

quality, and codified as 20.2.3 NMAC through 20.2.99 NMAC. 

[10/27/95; 20.2.2.2 NMAC - Rn, 20 NMAC 2.101, 10/31/02] 

20.2.2.3 STATUTORY AUTHORITY: The environmental improvement board "shall promulgate 

regulations and standards in ... air quality management" (NMSA 1978, section 74-1-8.A) and "the Environmental 

Improvement Board... shall adopt... regulations to attain and maintain national ambient air quality standards and 

prevent or abate air pollution..." (NMSA 1978, section 74-2-5.B). 

[10/27/95; 20.2.2.3 NMAC - Rn, 20 NMAC 2.102, 10/31/02] 

20.2.2.4 DURATION: Permanent. 

[10/27/95; 20.2.2.4 NMAC - Rn, 20 NMAC 2.103, 10/31/02] 

20.2.2.5 EFFECTIVE DATE: October 27, 1995. 

[10/27/95; 20.2.2.5 NMAC - Rn, 20 NMAC 2.104, 10/31/02] 

20.2.2.6 OBJECTIVE: To provide specific definitions for terms used and not defined in air quality 

regulations 20.2.3 NMAC through 20.2.99 NMAC. 

[10/27/95; 20.2.2.6 NMAC - Rn, 20 NMAC 2.105, 10/31/02] 

20.2.2.7 DEFINITIONS: The following definitions apply to all Parts of Title 20, Chapter 2 NMAC. 

 A. "Administrator" means the administrator of the United States environmental protection agency 

(US EPA) or his or her designee. 

 B. "Aerodynamic diameter" means the diameter of a sphere of unit density which behaves 

aerodynamically the same as the particle of the test substance. It is used to predict where particles of different size 

and density may be deposited in the respiratory tract. 

 C. "Air contaminant" means any airborne substance, including but not limited to, any particulate 

matter, fly ash, dust, fumes, gas, mist, smoke, vapor, micro-organisms, radioactive material, any combination 

thereof or any decay or reaction product thereof. 

 D. "Air pollution" means the emission, except as such emission occurs in nature, into the outdoor 

atmosphere of one or more air contaminants in such quantities and duration as may with reasonable probability 

injure human health, animal or plant life, or as may unreasonable interfere with the public welfare, visibility or the 

reasonable use of property. 

 E. "Asbestos" includes chrysolite, crocidolite, amosite, anthophylite, tremolite, and actinolite. 

 F. "Board" means the New Mexico environmental improvement board or its successor agency or 

authority. 

G. "Carbon dioxide" means the chemical compound containing one atom of carbon and two atoms 

of oxygen. 

 H. "Carbon monoxide" means the chemical compound containing one atom of carbon and one atom 

of oxygen. 

 I. "Department" means the New Mexico environment department or its successor agency or 

authority, as represented by the department secretary or his or her designee. 

 J. "Federal act" means the Federal Clean Air Act, as amended, 42 U.S.C. sections 7401 et seq. 

 K. "Flue" means, any duct for air, gases, or the like, such as a stack or chimney. 

 L. "Fugitive dust" or "fugitive particulate matter" means particulate emissions which escape to 

the atmosphere due to leakage; materials handling, transfer or storage; travel over unpaved roads or parking areas; or 

other industrial activities, and which are not ducted through exhaust systems. 

M. "Greenhouse gas" means any of the following: carbon dioxide, methane, nitrous oxide, 

hydrofluorocarbons, perfluorocarbons or sulfur hexafluoride. 
20.2.2 NMAC 2

 N. "Heavy metal" means any metal having an atomic number greater than 21. 

O. “Hydrofluorocarbons” means gaseous chemical compounds containing only hydrogen, carbon, 

and fluorine atoms. 

 P. "Hydrogen sulfide" means the chemical compound containing two atoms of hydrogen and one 

atom of sulfur. 

 Q. "Kraft pulp" means the fibrous cellulose material produced in a kraft mill. 

 R. "Lead" means elemental lead; alloys in which one of the elements is lead; or compounds 

containing lead, which are measured as elemental lead. 

S. "Methane" means the chemical compound containing one atom of carbon and four atoms of 

hydrogen. 

 T. "mg/m3" means milligrams per cubic meter. 

 U. "Nitrogen dioxide" means the chemical compound containing one atom of nitrogen and two 

atoms of oxygen, for the purposes of ambient determinations. The term "nitrogen dioxide," for the purposes of stack 

emissions monitoring, shall include nitrogen dioxide (the chemical compound containing one atom of nitrogen and 

two atoms of oxygen), nitric oxide (the chemical compound containing one atom of nitrogen and one atom of 

oxygen), and other oxides of nitrogen which may test as nitrogen dioxide. 

V. "Nitrous oxide" means the chemical compound containing two atoms of nitrogen and one atom 

of oxygen. 

 W. "Non-methane hydrocarbons" means any combination of hydrocarbons (chemical compounds 

consisting of hydrogen and carbon) excluding only the molecule methane. 

X. "Ozone" means the chemical compound having the molecular composition of three oxygen 

atoms. 

 Y. "Particulate matter" means any airborne, finely divided solid or liquid material with an 

aerodynamic diameter smaller than 100 micrometers. 

 Z. "Particulate matter emissions" means all finely divided solid or liquid material, other than 

uncombined water, emitted to the ambient air as measured by: applicable reference methods; an equivalent or 

alternative method specified by the administrator; or a test method specified in the New Mexico state 

implementation plan. 

AA. "Perfluorocarbons" means gaseous chemical compounds containing only carbon and fluorine 

atoms. 

 AB. "Person" means any individual; partnership; corporation; association; municipality; the state or 

political subdivision of the state; and any agency, department, or instrumentality of the United States and any of 

their officers, agents, or employees. 

 AC. "Photochemical oxidents" means those oxidizing chemical compounds which are the products of 

photo initiated reactions involving organic compounds and nitrogen oxides, consisting primarily of ozone and 

peroxyacetyl nitrate (PAN). 

 AD. "PM10" means particulate matter with an aerodynamic diameter less than or equal to a nominal 

10 micrometers. 

 AE. "PM10 emissions" means finely divided solid or liquid material with an aerodynamic diameter 

less than or equal to a nominal 10 micrometers, emitted to the ambient air, as measured by: an applicable reference 

method; an equivalent or alternative method specified by the EPA administrator; or a test method specified in the 

New Mexico state implementation plan. 

AF. "PM2.5" means particulate matter with an aerodynamic diameter less than or equal to a nominal 

2.5 micrometers. 

AG. "PM2.5 emissions" means finely divided solid or liquid material with an aerodynamic diameter 

less than or equal to a nominal 2.5 micrometers, emitted to the ambient air, as measured by: an applicable reference 

method; an equivalent or alternative method specified by the EPA administrator; or a test method specified in the 

New Mexico state implementation plan. 

 AH. "ppm" means parts per million by volume. 

 AI. "Ringelmann scale" means the grading of opacity, appearance, density or shade of a smoke 

emission, in determining the light-obscuring power of smoke. 

 AJ. "Schedule of compliance" means a schedule or timetable, acceptable to the board, which clearly 

sets out in detail, the steps to be taken in achieving the objectives of a regulation or standard. 

 AK. "Secretary" means the secretary of the New Mexico environment department or his or her 

designee. 
20.2.2 NMAC 3

 AL. "Smoke" means small gas-borne particles resulting from incomplete combustion, consisting 

predominantly, by not exclusively, of carbon, soot and combustible material. 

 AM. "Sulfur dioxide" means the chemical compound containing one atom of sulfur and two atoms of 

oxygen, for the purposes of ambient determinations. The term sulfur dioxide, for the purposes of stack emissions 

monitoring, shall include sulfur dioxide (chemical compound containing one atom of sulfur and two atoms of 

oxygen), and other oxides of sulfur which may test as sulfur dioxide. 

AN. "Sulfur hexafluoride" means the chemical compound containing one atom of sulfur and six 

atoms of fluorine. 

 AO. "Total reduced sulfur" means any combination of sulfur compounds, except sulfur dioxide and 

free sulfur, which test as total reduced sulfur, including, but not limited to, hydrogen sulfide, methyl mercaptan, and 

ethyl mercaptan. 

 AP. "Total suspended particulates (TSP)" means particulate matter as measured by the method 

described in 40 CFR Part 50, Appendix B. 

 AQ. "ug/m3" means micrograms per cubic meter. 

 AR. "US EPA" means the United States environmental protection agency. 

 AS. "Volatile organic compound (VOC)" means any organic compound which participates in 

atmospheric photochemical reactions; that is, any organic compound other than those which the administrator 

designates as having negligible photochemical reactivity. 

[10/27/95; 20.2.2.7 NMAC - Rn, 20 NMAC 2.2.200 10/31/02; A, 01/01/08; A, 08/31/09] 

20.2.2.8 AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS: This part supersedes 

AQCR 100, originally filed on January 23, 1970, and subsequently amended and refiled on May 26, 1971, 

September 1, 1971, September 14, 1973, June 14, 1974, July 15, 1974, February 7, 1983, May 26, 1983, August 1, 

1988, and May 29, 1990. 

[10/27/95; 20.2.2.8 NMAC - Rn, 20 NMAC 2.2.106, 10/31/02] 

20.2.2.9 DOCUMENTS: Documents cited in this part may be viewed at the New Mexico Environment 

Department, Air Quality Bureau, Runnels Building, 1190 Saint Francis Drive, Santa Fe, NM 87503 [2048 Galisteo 

St., Santa Fe, NM 87505]. 

[10/27/95; 20.2.2.9 NMAC - Rn, 20 NMAC 2.2.107, 10/31/02] 

HISTORY OF 20.2.2 NMAC:

Pre-NMAC History: The material in this part was derived from that previously filed with the commission of 

public records-state records center and archives: 

HSSD 70-1, Ambient Air Quality Standards and Air Quality Control Regulations, 01/27/70. 

AQCR 100, Air Quality Control Regulation 100 - Definitions, 02/07/83. 

AQCR 100, Air Quality Control Regulation 100 - Definitions, 05/26/83. 

EIB/AQCR 100, Air Quality Control Regulation 100 - Definitions, 08/01/88. 

EIB/AQCR 100, Air Quality Control Regulation 100 - Definitions, 05/29/90. 

History of Repealed Material: [RESERVED] 

Other History:

EIB/AQCR 100, Air Quality Control Regulation 100 - Definitions, filed 05/29/90 was renumbered into first 

version of the New Mexico Administrative Code as 20 NMAC 2.2, Definitions, effective 10/27/95. 

20 NMAC 2.2, Definitions (filed 09/27/95) was renumbered, reformatted and replaced by 20.2.2 NMAC, 

Definitions, effective 10/31/02. 
20.2.74 NMAC 1

TITLE 20 ENVIRONMENTAL PROTECTION 

CHAPTER 2 AIR QUALITY (STATEWIDE) 

PART 74 PERMITS - PREVENTION OF SIGNIFICANT DETERIORATION (PSD)

20.2.74.1 ISSUING AGENCY: New Mexico Environmental Improvement Board 

[07/20/95; 20.2.74.1 NMAC - Rn, 20 NMAC 2.74.100, 10/31/02] 

20.2.74.2 SCOPE: Any person constructing any new major stationary source or major modification as 

defined in this Part, that emits or will emit regulated pollutants in an attainment or unclassified area. 

[07/20/95; 20.2.74.2 NMAC - Rn, 20 NMAC 2.74.101, 10/31/02] 

20.2.74.3 STATUTORY AUTHORITY: The Environmental Improvement Board "shall promulgate 

regulations and standards in...air quality management" (NMSA 1978, section 74-1-8.A) and "the environmental 

improvement board...shall adopt...regulations to attain and maintain national ambient air quality standards and 

prevent or abate air pollution..." (NMSA 1978, section 74-2-5.B). 

[07/20/95; 20.2.74.3 NMAC - Rn, 20 NMAC 2.74.102, 10/31/02] 

20.2.74.4 DURATION: Permanent. 

[07/20/95; 20.2.74.4 NMAC - Rn, 20 NMAC 2.74.103, 10/31/02] 

20.2.74.5 EFFECTIVE DATE: July 20, 1995, except where a later date is cited at the end of a section or 

paragraph. 

[07/20/95; 01/01/00; 20.2.74.5 NMAC - Rn, 20 NMAC 2.74.104, 10/31/02] 

20.2.74.6 OBJECTIVE: The purpose of this Part is to require any person constructing any new major 

stationary source or major modification as defined in this Part, that emits or will emit regulated pollutants in an 

attainment or unclassified area, to obtain a permit from the Department in accordance with the requirements of this 

Part prior to the construction or modification. 

[07/20/95; 20.2.74.6 NMAC - Rn, 20 NMAC 2.74.105, 10/31/02] 

20.2.74.7 DEFINITIONS: Terms used but not defined in this part shall have the meaning given them by 

20.2.2 NMAC (Definitions) (formerly AQCR 100). As used in this part the following definitions shall apply. 

A. "Act" means the Federal Clean Air Act, as amended, 42 U. S. C. Sections 7401 et seq. 

B. "Actual emissions" means the actual rate of emissions of a regulated new source review pollutant 

from an emissions unit, as determined in accordance with Paragraphs (2) through (4) of this subsection. 

 (1) This definition shall not apply for calculating whether a significant emissions increase has 

occurred, or for establishing a PAL under 20.2.74.320 NMAC. Instead, Subsections G and AQ of this section shall 

apply for those purposes. 

 (2) In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at 

which the unit actually emitted the pollutant during a consecutive 24-month period which precedes the particular 

date and which is representative of normal source operation. The department shall allow the use of a different time 

period upon a determination that it is more representative of normal source operation. Actual emissions shall be 

calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or 

combusted during the selected time period. 

 (3) The department may presume that source-specific allowable emissions for the unit are equivalent 

to the actual emissions of the unit. 

 (4) For any emissions unit that has not begun normal operations on the particular date, actual 

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

C. "Administrator" means the administrator of the U.S. environmental protection agency (EPA) or 

an authorized representative. 

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

management, protection, preservation, or enjoyment of the visitor's visual experience of the class I federal area. 

This determination must be made on a case-by-case basis taking into account the geographic extent, intensity, 

duration, frequency, and time of the visibility impairments and how these factors correlate with the following: 1) 

times of visitor use of the class I federal area; and 2) the frequency and timing of natural conditions that reduce 

visibility. This term does not include effects on integral vistas as defined in 40 CFR 51.301 Definitions. 
20.2.74 NMAC 2

E. "Allowable emissions" means the emissions rate of a stationary source calculated using the 

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

operating rate, or hours of operation, or both) and the most stringent of the following: 

 (1) the applicable standards as set forth in 40 CFR Parts 60 and 61; 

 (2) the applicable state implementation plan emissions limitation, including those with a future 

compliance date; or 

 (3) the emissions rate specified as a federally enforceable permit condition, including those with a 

future compliance date. 

F. "Attainment area" means, for any air pollutant, an area which is shown by monitored data or 

which is calculated by air quality modeling not to exceed any national ambient air quality standard for such 

pollutant, and is so designated under Section 107 (d) (1) (D) or (E) of the act. 

G. "Baseline actual emissions" means the rate of emissions, in tons per year, of a regulated new 

source review pollutant, as determined in accordance with the following. 

 (1) For any existing electric utility steam generating unit, baseline actual emissions means the 

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

period selected by the owner or operator within the 5-year period immediately preceding when the owner or operator 

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

determination that it is more representative of normal source operation. 

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

associated with startups, shutdowns, and malfunctions. 

 (b) The average rate shall be adjusted downward to exclude any non-compliant emissions that 

occurred while the source was operating above an emission limitation that was legally enforceable during the 

consecutive 24-month period. 

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

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

emissions units being changed. A different consecutive 24-month period can be used For each regulated new source 

review pollutant. 

 (d) The average rate shall not be based on any consecutive 24-month period for which there is 

inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required 

by Subparagraph (b) of this paragraph. 

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

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

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

either the date the owner or operator begins actual construction of the project, or the date a complete permit 

application is received by the department for a permit required either under this part or under a plan approved by the 

administrator, whichever is earlier, except that the 10-year period shall not include any period earlier than November 

15, 1990. 

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

associated with startups, shutdowns, and malfunctions. 

 (b) The average rate shall be adjusted downward to exclude any non-compliant emissions that 

occurred while the source was operating above an emission limitation that was legally enforceable during the 

consecutive 24-month period. 

 (c) The average rate shall be adjusted downward to exclude any emissions that would have 

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

stationary source been required to comply with such limitations during the consecutive 24-month period. However, 

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

proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted if the state has 

taken credit for such emissions reductions in an attainment demonstration or maintenance plan consistent with the 

requirements of 40 CFR 51.165(a)(3)(ii)(G). 

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

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

emissions units being changed. A different consecutive 24-month period can be used for each regulated new source 

review pollutant. 

 (e) The average rate shall not be based on any consecutive 24-month period for which there is 

inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required 

by Subparagraphs (b) and (c) of this paragraph. 
20.2.74 NMAC 3

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

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

all other purposes, shall equal the unit's potential to emit. 

 (4) For a PAL for a stationary source, the baseline actual emissions shall be calculated for existing 

electric utility steam generating units in accordance with the procedures contained in Paragraph (1) of this 

subsection, for other existing emissions units in accordance with the procedures contained in Paragraph (2) of this 

subsection, and for a new emissions unit in accordance with the procedures contained in Paragraph (3) of this 

subsection. 

H. "Baseline area" means all lands designated as attainment or unclassifiable in which the major 

source or major modification would construct or would have an air quality impact equal to or greater than one 

microgram per cubic meter (annual average) of the pollutant for which the minor source baseline date is established. 

The major source or major modification establishes the minor source baseline date (see the definition "minor source 

baseline date" in this part). Lands are designated as attainment or unclassifiable under Section 107(d)(1)(D) or (E) 

of the act within each federal air quality control region in the state of New Mexico. Any baseline area established 

originally for TSP (total suspended particulates) increments shall remain in effect and shall apply for purposes of 

determining the amount of available PM-10 increments. A TSP baseline area shall not remain in effect if the 

department rescinds the corresponding minor source baseline date (see "minor source baseline date" in this part). 

I. "Baseline concentration" means that ambient concentration level that exists in the baseline area 

at the time of the applicable minor source baseline date. 

 (1) A baseline concentration is determined for each pollutant for which a minor source baseline date 

is established and shall include: 

 (a) the actual emissions, as defined in this section, representative of sources in existence on the 

applicable minor source baseline date, except as provided in Paragraph (2) of this subsection; 

 (b) the allowable emissions of major stationary sources that commenced construction before 

the major source baseline date, but were not in operation by the applicable minor source baseline date. 

 (2) The following will not be included in the baseline concentration and will affect the applicable 

maximum allowable increase(s): 

 (a) actual emissions, as defined in this section, from any major stationary source on which 

construction commenced after the major source baseline date; and 

 (b) actual emissions increases and decreases, as defined in Subsection B of this section, at any 

stationary source occurring after the minor source baseline date. 

J. "Begin actual construction" means, in general, initiation of physical onsite construction 

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

installation of building supports and foundations, laying underground pipework and construction of permanent 

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

than preparatory activities which mark the initiation of the change. 

K. "Best Available Control Technology (BACT)" means an emissions limitation (including a 

visible emission standard) based on the maximum degree of reduction for each regulated pollutant which would be 

emitted from any proposed major stationary source or major modification, which the secretary determines is 

achievable on a case-by-case basis. This determination will take into account energy, environmental, and economic 

impacts and other costs. The determination must be achievable for such source or modification through application 

of production processes or available methods, systems, and techniques, including fuel cleaning, clean fuels, or 

treatment or innovative fuel combustion techniques for control of such pollutants. In no event shall application of 

best available control technology result in emissions of any pollutant which would exceed the emissions allowed by 

any applicable standard under 40 CFR Parts 60 and 61. If the secretary determines that technological or economic 

limitations on the application of measurement methodology to a particular emissions unit would make the 

imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard, or 

combination thereof, may be prescribed instead to satisfy the requirement for the application of best available 

control technology. Such standard shall, to the degree possible, set forth the emissions reduction achievable by 

implementation of such design, equipment, work practice, or operation, and shall provide for compliance by means 

which achieve equivalent results. 

L. "Building, structure, facility, or installation" means all of the pollutant emitting activities 

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

under the control of the same person (or persons under common control). Pollutant-emitting activities shall be 

considered as part of the same industrial grouping if they belong to the same "major group" (i.e., which have the 

same first two digit code) as described in the standard industrial classification (SIC) manual, 1972, as amended by 
20.2.74 NMAC 4

the 1977 supplement (U. S. government printing office stock numbers 4101-0066 and 003-005-00176-0, 

respectively) or any superseding SIC manual. 

M. "Class I federal area" means any federal land that is classified or reclassified as "class I" as 

described in 20.2.74.108 NMAC. 

N. "Commence" means, as applied to construction of a major stationary source or major 

modification, that the owner or operator has all necessary preconstruction approvals or permits and has: 

 (1) Begun, or caused to begin, a continuous program of actual on-site construction of the source, to 

be completed within a reasonable time; or 

 (2) Entered into binding agreements or contractual obligations, which cannot be cancelled or 

modified without substantial loss to the owner or operator, to undertake and complete, within a reasonable time, a 

program of actual construction. 

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

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

emissions. 

P. "Continuous emissions monitoring system (CEMS)" means all of the equipment that may be 

required to meet the data acquisition and availability requirements of this section, to sample, condition (if 

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

Q. "Continuous emissions rate monitoring system (CERMS)" means the total equipment required 

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

R. "Continuous parameter monitoring system (CPMS)" means all of the equipment necessary to 

meet the data acquisition and availability requirements of this section, to monitor process and control device 

operational parameters (for example, control device secondary voltages and electric currents) and other information 

(for example, gas flow rate, O2 or CO2 concentrations), and to record average operational parameter value(s) on a 

continuous basis. 

S. "Department" means the New Mexico environment department. 

T. "Electric utility steam generating unit" means any steam electric generating unit that is 

constructed for the purpose of supplying more than one-third of its potential electric output capacity and more than 

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

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

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

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

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

this section. For purposes of this section, there are two types of emissions units as described in the following. 

 (1) A new emissions unit is any emissions unit that is (or will be) newly constructed and that has 

existed for less than 2 years from the date such emissions unit first operated. 

 (2) An existing emissions unit is any emissions unit that does not meet the requirements in Paragraph 

(1) of this subsection. A replacement unit, as defined in this section, is an existing unit. 

V. "Federal land manager" means, with respect to any lands in the United States, a federal level 

cabinet secretary of a federal level department (e.g. interior dept.) with authority over such lands. 

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

administrator, including: 

 (1) those requirements developed pursuant to 40 CFR Parts 60 and 61; 

 (2) requirements within any applicable state implementation plan; 

 (3) any permit requirements established pursuant to 40 CFR 52.21; or 

 (4) under regulations approved pursuant to 40 CFR Part 51, Subpart I including 40 CFR 51.165 and 

40 CFR 51.166. 

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

chimney, vent, or other functionally equivalent opening. 

Y. "High terrain" means any area having an elevation nine hundred (900) feet or more above the 

base of a source's stack. 

Z. "Indian governing body" means the governing body of any tribe, band, or group of Indians 

subject to the jurisdiction of the United States and recognized by the United States as possessing power of selfgovernment. 

AA. "Innovative Control Technology" means any system of air pollution control that has not been 

adequately demonstrated in practice. But such system would have a substantial likelihood of achieving greater 
20.2.74 NMAC 5

continuous emissions reduction than any control system in current practice or achieving at least comparable 

reductions at lower cost in terms of energy, economics, or non-air quality environmental impacts. 

AB. "Low terrain" means any area other than high terrain. 

AC. "Lowest achievable emission rate" means, for any source, the more stringent rate of emissions 

based on the following: 

 (1) the most stringent emissions limitation which is contained in the implementation plan of any state 

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

demonstrates that such limitations are not achievable; or 

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

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

new or modified emissions units within the stationary source. In no event shall the application of this term permit a 

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

applicable new source standard of performance. 

 AD. "Major modification" means any physical change in or change in the method of operation of a 

major stationary source that would result in: a significant emissions increase (as defined in of this section) of a 

regulated new source review pollutant (as defined in this section); and a significant net emissions increase of that 

pollutant from the major stationary source. Any significant emissions increase (as defined in this section) from any 

emissions units or net emissions increase (as defined in this section) at a major stationary source that is significant 

for volatile organic compounds or nitrogen oxides shall be considered significant for ozone. 

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

 (a) routine maintenance, repair, and replacement; 

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

of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of 

a natural gas curtailment plan pursuant to the Federal Power Act; 

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

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

from municipal solid waste; 

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

 (i) the source was capable of accommodating before January 6, 1975, unless such change 

would be prohibited under any federally enforceable permit condition which was established after January 6, 1975 

pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.165 or 40 CFR 51.166; or 

 (ii) the source is approved to use under any permit issued under 40 CFR 52.21 or under 

regulations approved pursuant to 40 CFR 51.166; 

 (f) an increase in the hours of operation or in the production rate, unless such change would be 

prohibited under any federally enforceable permit which was established after January 6, 1975, pursuant to 40 CFR 

52.21 or under regulations approved pursuant to 40 CFR 51.165 or 40 CFR 51.166; 

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

 (h) the installation, operation, cessation, or removal of a temporary clean coal technology 

demonstration project, provided that the project complies with: 

 (i) the state implementation plan for the state in which the project is located; and 

 (ii) other requirements necessary to attain and maintain the national ambient air quality 

standards during the project and after it is terminated. 

 (i) the installation or operation of a permanent clean coal technology demonstration project that 

constitutes repowering, provided that the project does not result in an increase in the potential to emit of any 

regulated pollutant emitted by the unit; this exemption shall apply on a pollutant-by-pollutant basis; 

 (j) the reactivation of a very clean coal-fired electric utility steam generating unit. 

 (2) This definition shall not apply with respect to a particular regulated new source review pollutant 

when the major stationary source is complying with the requirements under 20.2.74.320 NMAC for a PAL for that 

pollutant. Instead, the definition at Paragraph (8) of Subsection B of 20.2.74.320 NMAC shall apply. 

AE. "Major source baseline date" means: 

 (1) in the case of particulate matter and sulfur dioxide, January 6, 1975; and 

 (2) in the case of nitrogen dioxide, February 8, 1988. 

AF. "Major stationary source" means the following. 

 (1) Any stationary source listed in table 1 (20.2.74.501 NMAC) which emits, or has the potential to 

emit, emissions equal to or greater than one hundred (100) tons per year of any regulated new source review 

pollutant. 
20.2.74 NMAC 6

 (2) Any stationary source not listed in table 1 (20.2.74.501 NMAC) and which emits or has the 

potential to emit two hundred fifty (250) tons per year or more of any regulated new source review pollutant. 

 (3) Any physical change that would occur at a stationary source not otherwise qualifying under 

Paragraphs (1) or (2) of this subsection if the change would constitute a major stationary source by itself. 

 (4) A major source that is major for volatile organic compounds or nitrogen oxides shall be 

considered major for ozone. 

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

purposes of this section whether it is a major stationary source, unless the source belongs to one of the stationary 

source categories found in Table 1 (20.2.74.501 NMAC) or any other stationary source category which, as of August 

7, 1980, is being regulated under Section 111 or 112 of the act. 

AG. "Mandatory class I federal area" means any area identified in the Code of Federal Regulations 

(CFR), 40 CFR Part 81, Subpart D. See 20.2.74.108 NMAC for a list of these areas in New Mexico. 

AH. "Minor source baseline date" means the earliest date after the trigger date on which the owner or 

operator of a major stationary source or major modification subject to 40 CFR 52.21 or to this part submits a 

complete application under the relevant regulations. 

 (1) The trigger date is: 

 (a) in the case of particulate matter and sulfur dioxide, August 7, 1977; and 

 (b) in the case of nitrogen dioxide, February 8, 1988. 

 (2) Any minor source baseline date established originally for the TSP (total suspended particulates) 

increments shall remain in effect and shall apply for purposes of determining the amount of available PM-10 

increments. The department may rescind any TSP minor source baseline date where it can be shown, to the 

department 's satisfaction, that the emissions increase from the major stationary source, or the net emissions increase 

from the major modification, responsible for triggering that date, did not result in a significant amount of PM-10 

emissions. 

AI. "Natural conditions" includes naturally occurring phenomena that reduce visibility as measured 

in terms of visual range, contrast or coloration. 

AJ. "Necessary preconstruction approvals or permits" means those permits or approvals required 

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

part of the New Mexico state implementation plan. 

AK. "Net emissions increase" means, with respect to any regulated new source review pollutant 

emitted by a major stationary source, the following. 

 (1) The amount by which the sum of the following exceeds zero. 

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

operation at a stationary source as calculated pursuant to Subsection D of 20.2.74.200 NMAC. 

 (b) Any other increases and decreases in actual emissions at the major stationary source that 

are contemporaneous with the particular change and are otherwise creditable. Baseline actual emissions for 

calculating increases and decreases under this paragraph shall be determined as provided in Subsection G, except 

that Subparagraph (c) of Paragraph (1) and Subparagraph (d) of Paragraph (2) of Subsection G of this section shall 

not apply. 

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

particular change only if it occurs within the time period five years prior to the commencement of construction on 

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

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

 (a) it occurs within the time period five years prior to the commencement of construction on 

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

 (b) the department has not relied on it in issuing a permit for the source under regulations 

approved pursuant to this section, which permit is in effect when the increase in actual emissions from the particular 

change occurs. 

 (4) An increase or decrease in actual emissions of sulfur dioxide, particulate matter, or nitrogen 

oxides that occurs before the applicable minor source baseline date is creditable only if it is required to be 

considered in calculating the amount of maximum allowable increases remaining available. 

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

emissions exceeds the old level. 

 (6) A decrease in actual emissions is creditable only to the extent that: 

 (a) the old level of actual emissions or the old level of allowable emissions, whichever is 

lower, exceeds the new level of actual emissions; 
20.2.74 NMAC 7

 (b) it is enforceable as a practical matter at and after the time that actual construction on the 

particular change begins; and 

 (c) it has approximately the same qualitative significance for public health and welfare as that 

attributed to the increase from the particular change. 

 (7) An increase that results from a physical change at a source occurs when the emissions unit on 

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

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

 (8) Paragraph (2) of Subsection B of this section shall not apply for determining creditable increases 

and decreases. 

AL. "Nonattainment area" means an area which has been designated under Section 107 of the 

Federal Clean Air Act as nonattainment for one or more of the national ambient air quality standards by EPA. 

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

with limited dismantling and reassembly. 

AN. "Potential to emit" means the maximum capacity of a stationary source to emit a pollutant under 

its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a 

pollutant, including air pollutant 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. 

AO. "Predictive emissions monitoring system (PEMS)" means all of the equipment necessary to 

monitor process and control device operational parameters (for example, control device secondary voltages and 

electric currents) and other information (for example, gas flow rate, O2 or CO2 concentrations), and calculate and 

record the mass emissions rate (for example, lb/hr) on a continuous basis. 

AP. "Project" means a physical change in, or change in method of operation of, an existing major 

stationary source. 

AQ. "Projected actual emissions" means the maximum annual rate, in tons per year, at which an 

existing emissions unit is projected to emit a regulated new source review pollutant in any one of the 5 years (12-

month period) following the date the unit resumes regular operation after the project, or in any one of the 10 years 

following that date, if the project involves increasing the emissions unit's design capacity or its potential to emit that 

regulated new source review pollutant, and full utilization of the unit would result in a significant emissions 

increase, or a significant net emissions increase at the major stationary source. In determining the projected actual 

emissions (before beginning actual construction), the owner or operator of the major stationary source: 

 (1) shall consider all relevant information, including but not limited to, historical operational data, the 

company's own representations, the company's expected business activity and the company's highest projections of 

business activity, the company's filings with the state or federal regulatory authorities, and compliance plans under 

the approved plan; and 

 (2) shall include fugitive emissions to the extent quantifiable and emissions associated with startups, 

shutdowns, and malfunctions; and 

 (3) shall exclude, in calculating any increase in emissions that results from the particular project, that 

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

consecutive 24-month period used to establish the baseline actual emissions under Subsection G of this section and 

that are also unrelated to the particular project, including any increased utilization due to product demand growth; 

or, 

 (4) in lieu of using the method set out in Paragraphs (1) through (3) of this subsection, may elect to 

use the emissions unit's potential to emit, in tons per year, as defined in Subsection AQ of this section. 

AR. "Regulated new source review pollutant", for purposes of this part, means the following: 

 (1) any pollutant for which a national ambient air quality standard has been promulgated and any 

constituents or precursors for such pollutants identified by the administrator (e.g., volatile organic compounds and 

nitrogen oxides are precursors for ozone); 

 (2) any pollutant that is subject to any standard promulgated under Section 111 of the act; 

 (3) any class I or II substance subject to a standard promulgated under or established by title VI of the 

act; or 

 (4) any pollutant that otherwise is subject to regulation under the act; except that any or all hazardous 

air pollutants either listed in Section 112 of the act or added to the list pursuant to Section 112(b)(2) of the act, 

which have not been delisted pursuant to Section 112(b)(3) of the act, are not regulated new source review pollutants 
20.2.74 NMAC 8

unless the listed hazardous air pollutant is also regulated as a constituent or precursor of a general pollutant listed 

under Section 108 of the act. 

AS. "Replacement unit" means an emission unit for which all of the following criteria are met. No 

creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced. 

 (1) The emissions unit is a reconstructed unit within the meaning of 40 CFR 60.15(b)(1), or the 

emissions unit completely takes the place of an existing emissions unit. 

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

 (3) The replacement unit does not change the basic design parameter(s) of the process unit. 

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

permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter. If 

the replaced emissions unit is brought back into operation, it shall constitute a new emissions unit. 

AT. "Secondary emissions" means emissions which occur as a result of the construction or operation 

of a major stationary source or major modification, but do not come from the major stationary source or major 

modification itself. For the purpose of this section, 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 major stationary source or major modification. 

Secondary emissions do not include any emissions which come directly from a mobile source, such as emissions 

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

AU. "Secretary" means the cabinet level secretary of the New Mexico environment department or his 

or her successor. 

AV. "Significant" means in reference to a net emissions increase or the potential of a source to emit 

air pollutants, a rate of emission that would equal or exceed any of the rates listed in table 2 (20.2.74.502 NMAC). 

AW. "Significant emissions increase" means, for a regulated new source review pollutant, an increase 

in emissions that is significant (as defined in Subsection AV of this section) for that pollutant. 

AX. "Stationary source" means any building, structure, facility, or installation which emits, or may 

emit, any regulated new source review pollutant. 

AY. "Temporary source" means a stationary source which changes its location or ceases to exist 

within two years from the date of initial start of operations. 

AZ. "Visibility impairment" means any humanly perceptible change in visibility (visual range, 

contrast, coloration) from that which would have existed under natural conditions. 

BA. "Volatile organic compound (VOC)" means any organic compound which participates in 

atmospheric photochemical reactions; that is, any organic compound other than those which the administrator 

designates as having negligible photochemical reactivity. 

[07/20/95; 01/01/00; 20.2.74.7 NMAC - Rn, 20 NMAC 2.74.107, 10/31/02; A, 1/22/06; A, 8/31/09] 

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

supersedes Air Quality Control Regulation (AQCR) 707, which was originally filed on February 14, 1984, and 

subsequently refiled on July 15, 1986; August 1, 1988; and May 29, 1990. All references to AQCR 707 in any other 

rule shall be understood as a reference to this Part. 

[07/20/95; 20.2.74.8 NMAC - Rn, 20 NMAC 2.74.106, 10/31/02] 

20.2.74.9 DOCUMENTS: Documents cited in this Part may be viewed at the New Mexico Environment 

Department, Air Quality Bureau, Harold Runnels Building, 1190 St. Francis Drive, Santa Fe, NM 87503 [2048 

Galisteo St., Santa Fe, NM 87505]. 

[07/20/95; 20.2.74.9 NMAC - Rn, 20 NMAC 2.74.109, 10/31/02] 

20.2.74.10 SEVERABILITY. If any provision of this part, or the application of such provision to any 

person or circumstance, is held invalid, the remainder of this part, or the application of such provision to persons or 

circumstances other than those as to which it is held invalid, shall not be affected thereby. 

[20.2.74.10 NMAC - N, 1/22/06] 

20.2.74.11 CONSTRUCTION. This part shall be liberally construed to carry out its purpose. 

[20.2.74.11 NMAC - N, 1/22/06] 
20.2.74 NMAC 9

20.2.74.12 SAVINGS CLAUSE. Repeal or supersession of prior versions of this part shall not affect any 

administrative or judicial action initiated under those prior versions. 

[20.2.74.12 NMAC - N, 1/22/06] 

20.2.74.13 COMPLIANCE WITH OTHER REGULATIONS. Compliance with this part does not relieve 

a person from the responsibility to comply with any other applicable federal, state, or local regulations. 

[20.2.74.13 NMAC - N, 1/22/06] 

20.2.74.14 LIMITATION OF DEFENSE. The existence of a valid permit under this part shall not constitute 

a defense to a violation of any section of this part, except the requirement for obtaining a permit.

[20.2.74.14 NMAC - N, 1/22/06] 

20.2.74.15 to 20.2.74.107 [RESERVED] 

20.2.74.108 RESTRICTIONS ON AREA CLASSIFICATIONS: 

A. Mandatory Class I Federal areas: 

 (1) The following areas which were in existence on August 7, 1977, shall be mandatory Class I 

Federal areas and may not be redesignated: 

 (a) International parks (all of them); 

 (b) National wilderness areas which exceed 5,000 acres in size; 

 (c) National memorial parks which exceed 5,000 acres in size; and 

 (d) National parks which exceed 6,000 acres in size. 

 (2) Specifically for New Mexico, these areas are: 

 (a) Bandelier Wilderness, administered by NPS; 

 (b) Bosque del Apache Wilderness, administered by NFWS; 

 (c) Carlsbad Caverns National Park, administered by NPS; 

 (d) Gila Wilderness, administered by NFS; 

 (e) Pecos Wilderness, administered by NFS; 

 (f) Salt Creek Wilderness, administered by NFWS; 

 (g) San Pedro Parks Wilderness, administered by NFS; 

 (h) Wheeler Peak Wilderness, administered by NFS; and 

 (i) White Mountain Wilderness, administered by NFS; where: NPS = National Park Service, 

NFWS = National Fish and Wildlife Service, NFS = National Forest Service. 

B. Areas which may be redesignated only as Class I or Class II: 

 (1) The following areas may be redesignated only as Class I or II: 

 (a) an area, as of August 7, 1977, which exceeds 10,000 acres in size and is a national 

monument, national primitive area, national preserve, national recreational area, national wild and scenic river, 

national wildlife refuge; or 

 (b) a national park or national wilderness area established after August 7, 1977 which exceeds 

10,000 acres in size. 

 (2) Specifically for New Mexico, these areas include (but are not necessarily limited to): 

 (a) Apache Kid Wilderness, administered by NFS; 

 (b) Bandelier National Monument, administered by NPS; 

 (c) Bitter Lake National Wildlife Refuge, administered by NFWS; 

 (d) Blue Range Wilderness, administered by NFS; 

 (e) Bosque del Apache National Wildlife Refuge, administered by NFWS; 

 (f) Capitan Mountains Wilderness, administered by NFS; 

 (g) Cebolla Wilderness, administered by BLM; 

 (h) Chama River Canyon Wilderness, administered by NFS; 

 (i) Cruces Basin Wilderness, administered by NFS; 

 (j) De-na-zin Wilderness, administered by BLM; 

 (k) El Malpais National Monument, administered by NPS; 

 (l) Latir Peak Wilderness, administered by NFS; 

 (m) Manzano Mountain Wilderness, administered by NFS; 

 (n) San Andres National Wildlife Refuge, administered by NFWS; 

 (o) Sandia Mountain Wilderness, administered by NFS; 
20.2.74 NMAC 10

 (p) Sevilleta National Wildlife Refuge, administered by NFWS; 

 (q) West Malpais Wilderness, administered by BLM; 

 (r) White Sands National Monument, administered by NPS; and 

 (s) Withington Wilderness, administered by NFS; where: NFS = National Forest Service, NPS 

= National Park Service, NFWS = National Fish and Wildlife Service, BLM = Bureau of Land Management. 

[07/20/95; 20.2.74.108 NMAC - Rn, 20 NMAC 2.74.108, 10/31/02] 

20.2.74.109 to 20.2.74.199 [RESERVED] 

20.2.74.200 APPLICABILITY.

A. The requirements of this part apply to the construction of any new major stationary source (as 

defined in 20.2.74.7 NMAC) or any project at an existing major stationary source in an area designated as 

attainment or unclassifiable. 

B. The requirements of Sections 300 through 306, 400 and 403 of this part apply to the construction 

of any new major stationary source or the major modification of any existing major stationary source, except as this 

part otherwise provides. 

C. No new major stationary source or major modification to which the requirements of Subsections 

A, B, C and D of 20.2.74.300 NMAC, and Sections 301, 302, 303, 304, 305, 306, 400 and 403 of this part apply 

shall begin actual construction without a permit that states that the major stationary source or major modification 

will meet those requirements. 

D. Applicability procedures. 

 (1) Except as otherwise provided in Subsections E and F of this section, and consistent with the 

definition of major modification contained in 20.2.74.7 NMAC, a project is a major modification for a regulated 

new source review pollutant if it causes two types of emissions increases - a significant emissions increase (as 

defined in 20.2.74.7 NMAC), and a significant net emissions increase (as defined in Subsections AK and AV of 

20.2.74.7 NMAC). The project is not a major modification if it does not cause a significant emissions increase. If the 

project causes a significant emissions increase, then the project is a major modification only if it also results in a 

significant net emissions increase. 

 (2) The procedure for calculating (before beginning actual construction) whether a significant 

emissions increase (i.e., the first step of the process) will occur depends upon the type of emissions units being 

modified, according to Paragraphs (3) through (4) of this subsection. The procedure for calculating (before 

beginning actual construction) whether a significant net emissions increase will occur at the major stationary source 

(i.e., the second step of the process) is contained in the definition in 20.2.74.7 NMAC. Regardless of any such 

preconstruction projections, a major modification results if the project causes a significant emissions increase and a 

significant net emissions increase. 

 (3) Actual-to-projected-actual applicability test for projects that involve existing emissions units. A 

significant emissions increase of a regulated new source review pollutant is projected to occur if the sum of the 

difference between the projected actual emissions (as defined in 20.2.74.7 NMAC) and the baseline actual emissions 

(as defined in Paragraphs (1) and (2) of Subsection G of 20.2.74.7 NMAC) for each existing emissions unit, equals 

or exceeds the significant amount for that pollutant (as defined in 20.2.74.7 NMAC). 

 (4) Actual-to-potential test for projects that involve construction of a new emissions unit(s). A 

significant emissions increase of a regulated new source review pollutant is projected to occur if the sum of the 

difference between the potential to emit (as defined in 20.2.74.7 NMAC) from each new emissions unit following 

completion of the project and the baseline actual emissions (as defined in Paragraph (3) of Subsection G of 20.2.74.7 

NMAC) of these units before the project equals or exceeds the significant amount for that pollutant (as defined in 

20.2.74.7 NMAC). 

 (5) Hybrid test for projects that involve multiple types of emissions units. A significant emissions 

increase of a regulated NSR pollutant is projected to occur if the sum of the emissions increases for each emissions 

unit, using the method specified in Paragraphs (3) and (4) of this subsection as applicable with respect to each 

emissions unit, for each type of emissions unit equals or exceeds the significant amount for that pollutant. For 

example, if a project involves both an existing emissions unit and a new emissions unit, the projected increase is 

determined by summing the values determined using the method specified in Paragraph (3) of this subsection for the 

existing unit and determined using the method specified in Paragraph (4) of this subsection for the new unit. 

E. For any major stationary source for a PAL for a regulated new source review pollutant, the major 

stationary source shall comply with requirements under 20.2.74.320 NMAC. 

[07/20/95; 20.2.74.200 NMAC - Rn, 20 NMAC 2.74.200, 10/31/02; A, 1/22/06] 
20.2.74 NMAC 11

20.2.74.201 EXEMPTIONS: This Part shall not apply to: 

A. Each regulated pollutant emitted for which the area the source proposes to locate in is designated 

as nonattainment; 

B. Sources or modifications that are part of a nonprofit health or nonprofit educational institution and 

are approved by the Secretary; 

C. A portable stationary source which has previously received a permit pursuant to this Part; and 

 (1) The owner or operator proposes to relocate the source, and emissions from the source at the new 

location will be temporary; and 

 (2) The emissions from the source would not exceed its allowable emission rate; and 

 (3) The emissions from the source would not impact any Class I Federal area nor any area where an 

applicable increment is known to be violated; and 

 (4) Reasonable notice is given to the Department prior to the relocation identifying the proposed new 

location and probable duration of operation at the new location. Such notice shall be given to the Department not 

less than ten (10) days in advance of the proposed relocation unless a different time interval is previously approved 

by the Department; 

D. A source or modification that would be major only if fugitive emissions, to the extent they are 

quantifiable, are considered in calculating the potential to emit or net emissions increase, and the source does not 

belong to: 

 (1) Any category in Table 1 of this Part (20.2.74.501 NMAC); or 

 (2) Any other stationary source category which as of August 7, 1980 is being regulated under section 

111 or 112 of the Act. 

[07/20/95; 20.2.74.201 NMAC - Rn, 20 NMAC 2.74.201, 10/31/02] 

20.2.74.202 to 20.2.74.299 [RESERVED] 

20.2.74.300 OBLIGATIONS OF OWNERS OR OPERATORS OF SOURCES:

A. Any owner or operator who begins actual construction or operates a source or modification 

without, or not in accordance with, a permit issued under the requirements of this part shall be subject to 

enforcement action. 

B. The issuance of a permit does not relieve any person from the responsibility of complying with the 

provisions of the Air Quality Control Act, sections 74-2-1 to 74-2-17, NMSA 1978; any applicable regulations of 

the board; and any other requirements under local, state, or federal law. 

 C. Approval to construct shall become invalid if: 1) construction is not commenced within eighteen 

(18) months after receipt of such approval; 2) if construction is discontinued for a period of eighteen (18) months or 

more; or 3) if construction is not completed within a reasonable time. For a phased construction project, each phase 

must commence construction within eighteen (18) months of the projected and approved commencement date. The 

secretary may extend the eighteen (18) month period upon a satisfactory showing that an extension is justified. 

D. If a source or modification becomes a major stationary source or major modification solely due to 

a relaxation in any enforceable limitation (which limitation was established after August 7, 1980), on the capacity of 

the source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then this part 

shall apply to the source or modification as though construction had not yet commenced. 

E. The following specific provisions apply to projects at existing emissions units at a major 

stationary source (other than projects at a source with a PAL) in circumstances where the owner or operator elects to 

use the method specified in Paragraphs (1) through (3) of Subsection AQ of 20.2.74.7 NMAC for calculating 

projected actual emissions. 

 (1) Before beginning actual construction of the project, the owner or operator shall document and 

maintain a record of the following information: 

 (a) a description of the project; 

 (b) identification of the emissions unit(s) whose emissions of a regulated new source review 

pollutant could be affected by the project; and 

 (c) a description of the applicability test used to determine that the project is not a major 

modification for any regulated new source review pollutant, including the baseline actual emissions, the projected 

actual emissions, the amount of emissions excluded under Paragraph (3) of Subsection AQ of 20.2.74.7 NMAC and 

an explanation for why such amount was excluded, and any netting calculations, if applicable. 
20.2.74 NMAC 12

 (2) If the emissions unit is an existing electric utility steam generating unit, before beginning actual 

construction, the owner or operator shall provide a copy of the information set out in Paragraph (1) of this 

subsection to the department. Nothing in this paragraph shall be construed to require the owner or operator of such a 

unit to obtain any determination from the department; however, necessary preconstruction approvals and/or permits 

must be obtained before beginning actual construction. 

 (3) The owner or operator shall monitor the emissions of any regulated new source review pollutant 

that could increase as a result of the project and that is emitted by any emissions unit identified in Subparagraph (b) 

of Paragraph (1) of this subsection; and calculate and maintain a record of the annual emissions, in tons per year on 

a calendar year basis, for a period of 5 years following resumption of regular operations after the change, or for a 

period of 10 years following resumption of regular operations after the change if the project increases the design 

capacity or potential to emit of that regulated new source review pollutant at such emissions unit. 

 (4) If the unit is an existing electric utility steam generating unit, the owner or operator shall submit a 

report to the department within 60 days after the end of each year during which records must be generated under 

Subparagraph (c) of Paragraph (1) of this subsection setting out the unit's annual emissions during the calendar year 

that preceded submission of the report. 

 (5) If the unit is an existing unit other than an electric utility steam generating unit, the owner or 

operator shall submit a report to the department if the annual emissions, in tons per year, from the project identified 

in Paragraph (1) of this subsection, exceed the baseline actual emissions (as documented and maintained pursuant to 

Subparagraph (c) of Paragraph (1) of this subsection) by a significant amount (as defined in 20.2.74.7 NMAC) for 

that regulated new source review pollutant, and if such emissions differ from the preconstruction projection as 

documented and maintained pursuant to Subparagraph (c) of Paragraph (1) of this subsection. Such report shall be 

submitted to the department within 60 days after the end of such year. The report shall contain the following: 

 (a) the name, address and telephone number of the major stationary source; 

 (b) the annual emissions as calculated pursuant to Paragraph (3) of this subsection; and 

 (c) any other information that the owner or operator wishes to include in the report (e.g., an 

explanation as to why the emissions differ from the preconstruction projection). 

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

maintained pursuant to Subsection E of this section available for review upon request for inspection by the 

department or the general public pursuant to the requirements contained in 40 CFR 70.4(b)(3)(viii). 

[07/20/95; 20.2.74.300 NMAC - Rn, 20 NMAC 2.74.300, 10/31/02; A, 1/22/06] 

20.2.74.301 SOURCE INFORMATION: The owner or operator of a proposed source or modification shall 

submit all information necessary to perform any analysis or make any determination required under this Part. 

A. Information shall include, but is not limited to: 

 (1) A description of the nature, location, design capacity, and typical operating schedule of the source 

or modification, including specifications and drawings showing the design and plant layout; and 

 (2) A detailed schedule of construction of the source or modification; and 

 (3) A detailed description of the planned system of continuous emission reduction for the source or 

modification, emission estimates, and other information necessary to determine that Best Available Control 

Technology will be applied. 

B. Upon request by the Department, the owner or operator shall also provide information on: 

 (1) The air quality impact of the source or modification, including meteorologic and topographic data 

necessary to estimate such impact; and 

 (2) The air quality impacts, and the nature and extent of any or all general commercial, residential, 

industrial, and other growth which has occurred since August 7, 1977 in the area the source or modification would 

affect. 

[07/20/95; 20.2.74.301 NMAC - Rn, 20 NMAC 2.74.301, 10/31/02] 

20.2.74.302 CONTROL TECHNOLOGY REQUIREMENTS:

A. A new major stationary source shall apply Best Available Control Technology for each regulated 

pollutant that it would have the potential to emit in amounts equal to or greater than the significance levels as listed 

in Table 2 of this Part (20.2.74.502 NMAC). This requirement applies to each proposed emissions unit or operation 

that will emit such pollutant. 

B. A major modification shall apply Best Available Control Technology for each regulated pollutant 

at the source when a significant net emissions increase occurs as defined in this Part. This requirement applies to 
20.2.74 NMAC 13

each proposed emissions unit or operation where a net emissions increase in the pollutant would occur as a result of 

a physical change or change in the method of operation in the unit. 

C. For phased construction projects, the determination of Best Available Control Technology shall be 

reviewed and modified as appropriate at the latest reasonable time but no later than eighteen (18) months prior to 

commencement of construction of each independent phase of the project. At such time, the owner or operator of the 

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

Available Control Technology for the source. 

D. The Department may approve a system of innovative control technology for the major stationary 

source or major modification if: 

 (1) The proposed control system would not cause or contribute to an unreasonable risk to public 

health, welfare, or safety in its operation or function; and 

 (2) The owner or operator agrees to achieve a level of continuous emissions reduction equivalent to 

that which would have been required under Best Available Control Technology by a date specified by the 

Department. Such date shall not be later than four (4) years from the time of startup or seven (7) years from permit 

issuance; and 

 (3) The source or modification would meet the requirements of 20.2.74.302 NMAC and 20.2.74.303 

NMAC based on the emission rate that the system of innovative control technology would be required to meet on 

the date specified by the Department; and 

 (4) During the interim period of achieving the permitted emission level, the source or modification 

would not: 

 (a) Cause or contribute to a violation of an applicable national ambient air quality standard; nor 

 (b) Impact any Class I Federal area; nor 

 (c) Impact any area where an applicable increment is known to be violated; and 

 (5) All other applicable requirements including those for public participation have been met. 

E. The Department shall withdraw any approval to employ a system of innovative control technology 

if: 

 (1) The proposed system fails by the specified date to achieve the required continuous emissions 

reduction rate; or 

 (2) The proposed system fails before the specified date so as to contribute to an unreasonable risk to 

public health, welfare, or safety; or 

 (3) The Department decides at any time that the proposed system is unlikely to achieve the required 

level of control or to protect the public health, welfare, or safety. 

F. If a source or modification fails to meet the required level of continuous emission reduction within 

the specified time period or the approval is withdrawn in accordance with subsection E of 20.2.74.302 NMAC, the 

Department may allow the source or modification up to an additional three (3) years to meet the requirement for the 

application of Best Available Control Technology. This shall be accomplished through use of a demonstrated 

system of control. 

G. If the owner or operator of a major stationary source or major modification previously issued a 

permit under this Part applies for an extension (as provided for under subsection C of 20.2.74.300 NMAC), and the 

new proposed date of construction is greater than eighteen (18) months from the date the permit would become 

invalid, the determination of Best Available Control Technology shall be reviewed and modified as appropriate 

before such an extension is granted. At such time, the owner or operator of the applicable stationary source may be 

required to demonstrate the adequacy of any previous determination of Best Available Control Technology for the 

source. 

H. With respect to PM10, for the case where PM10 emissions cannot be quantified, the Best Available 

Control Technology limitation may be defined in terms of particulate matter emissions. 

[07/20/95; 20.2.74.302 NMAC - Rn, 20 NMAC 2.74.302, 10/31/02] 

20.2.74.303 AMBIENT IMPACT REQUIREMENTS:

A. The requirements of this section shall apply to each pollutant emitted by a new major stationary 

source or major modification in amounts equal to or greater than those in Table 2 of this Part (20.2.74.502 NMAC). 

For particulate matter, the source will only be required to perform ambient impact analysis for PM10 when the source 

has the potential to emit significant amounts of PM10 (Table 2, 20.2.74.502 NMAC). 

B. The allowable emission increases from the proposed source or modification, including secondary 

emissions, in conjunction with all other applicable emissions increases or reductions, including secondary emissions, 

shall not cause or contribute to air pollution in violation of: 
20.2.74 NMAC 14

 (1) Any National Ambient Air Quality Standard in any location; or 

 (2) Any applicable maximum allowable increase as shown in Table 4 of this Part (20.2.74.504 

NMAC) over the baseline concentrations in any area. 

 (3) The owner or operator of the proposed major stationary source or major modification shall 

demonstrate that neither paragraph (1) nor paragraph (2) of 20.2.74.303 NMAC will occur. 

[07/20/95; 20.2.74.303 NMAC - Rn, 20 NMAC 2.74.303, 10/31/02] 

20.2.74.304 ADDITIONAL IMPACT REQUIREMENTS:

A. The owner or operator of the proposed major stationary source or major modification shall provide 

an analysis of the impairment to visibility, soils, and vegetation that would occur as a result of the source or 

modification and general commercial, residential, industrial, and other growth associated with the source or 

modification. The owner or operator need not provide an analysis of the impact on vegetation having no significant 

commercial or recreational value. The analysis can use data or information available from the Department. 

B. The owner or operator shall also provide an analysis of the air quality impact projected for the area 

as a result of general commercial, residential, industrial, and other growth associated with the source or 

modification. 

[07/20/95; 20.2.74.304 NMAC - Rn, 20 NMAC 2.74.304, 10/31/02] 

20.2.74.305 AMBIENT AIR QUALITY MODELING: All estimates of ambient concentrations required by 

this Part shall be based on applicable air quality models, data bases, and other requirements as specified in EPA's 

Guideline on Air Quality Models (EPA-450/2-78-027R, July, 1986), its revisions, or any superseding EPA 

document, and approved by the Department. Where an air quality impact model specified in the Guideline on Air 

Quality Models is inappropriate, the model may be modified or another model substituted. Any substitution or 

modification of a model must be approved by the Department. Notification shall be given by the Department of 

such a substitution or modification and the opportunity for public comment provided for in fulfilling the public 

notice requirements in subsection B of 20.2.74.400 NMAC. The Department will seek EPA approval of such 

substitutions or modifications. 

[07/20/95; 20.2.74.305 NMAC - Rn, 20 NMAC 2.74.305, 10/31/02] 

20.2.74.306 MONITORING REQUIREMENTS:

A. Any application for a permit under this Part shall contain an analysis of ambient air quality. Air 

quality data can be that measured by the applicant or that available from a government agency in the area affected 

by the major stationary source or major modification. The analysis shall contain the following: 

 (1) For a major stationary source, each pollutant for which the potential to emit is equal to or greater 

than the significant emission rates as listed in Table 2 of this Part (20.2.74.502 NMAC); or 

 (2) For a major modification, each pollutant that would result in a significant net emission increase. 

B. If no National Ambient Air Quality Standard (NAAQS) for a pollutant exists, and there is an 

acceptable method for monitoring that pollutant, the analysis shall contain such air quality monitoring data as the 

Department determines is necessary to assess ambient air quality for that pollutant. 

C. Continuous air quality monitoring data shall be required for all pollutants for which a National 

Ambient Air Quality Standard exists. Such data shall be submitted to the Department for at least the one (1) year 

period prior to receipt of the permit application. The Department has the discretion to: 

 (1) Determine that a complete and adequate analysis can be accomplished with monitoring data 

gathered over a period shorter than one year but not less than four months; or 

 (2) Determine that existing air quality monitoring data is representative of air quality in the affected 

area and accept such data in lieu of additional monitoring by the applicant. 

D. Ozone monitoring shall be performed if monitoring data is required for volatile organic 

compounds. Post construction ozone monitoring data may be submitted in lieu of providing preconstruction data as 

required under subsection C of 20.2.74.306 NMAC if the owner or operator of the proposed major source or major 

modification satisfies all the provisions of 40 CFR Part 51, Appendix S, Section IV. 

E. The Department may require monitoring of visibility in any Class I Federal area where the 

Department determines that an adverse impact on visibility may occur due primarily to the operations of the 

proposed new source or modification. Such monitoring shall be conducted following procedures approved by the 

Department and subject to the following: 

 (1) Visibility monitoring methods specified by the Department shall be reasonably available and not 

require any research and development; and 
20.2.74 NMAC 15

 (2) The cost of visibility monitoring required by the Department shall not exceed fifty percent (50%) 

of the cost of ambient monitoring required by this Part. If ambient monitoring is not required, the cost shall be 

estimated as if it were required for each pollutant to which this Part applies. 

 (3) Both preconstruction and post construction visibility monitoring may be required. In each case, 

the duration of such monitoring shall not exceed one (1) year. 

F. The owner or operator of a major stationary source or major modification shall conduct post 

construction ambient monitoring as the Department determines is necessary to validate attainment of ambient air 

quality standards and to assure that increments are not exceeded. 

G. The owner or operator of a major stationary source or major modification shall meet the 

requirements of 40 CFR 58, Appendix B during the operation of monitoring stations for purposes of satisfying the 

requirements of this section. 

H. The Department has the discretion to exempt a stationary source or modification from the 

requirements of this section with respect to monitoring for a particular pollutant if the emissions of the pollutant 

from the new source or the net emissions increase of the pollutant from the modification would cause, in any area, 

increases in ambient concentrations less than the levels listed in Table 3 of this Part (20.2.74.503 NMAC). 

I. The Department shall exempt a stationary source or modification from the requirements of this 

section with respect to preconstruction monitoring for a particular pollutant if: 

 (1) For ozone, volatile organic compound emissions are less than one hundred (100) tons per year; or 

 (2) The air pollutant is not a regulated pollutant; or 

 (3) The existing ambient concentrations of the pollutant in the area affected by the source or 

modification are less than the concentrations listed in Table 3 of this Part (20.2.74.503 NMAC). 

[07/20/95; 20.2.74.306 NMAC - Rn, 20 NMAC 2.74.306, 10/31/02] 

20.2.74.307 TEMPORARY SOURCE EXEMPTIONS: The requirements of 20.2.74.304 NMAC and 

20.2.74.306 NMAC shall not apply to a temporary source subject to this Part for a given pollutant if the allowable 

emissions of such pollutant would not impact any Class I Federal area or any areas where an applicable increment is 

violated and would be temporary. 

[07/20/95; 20.2.74.307 NMAC - Rn, 20 NMAC 2.74.307, 10/31/02] 

20.2.74.308 to 20.2.74.319 [RESERVED] 

20.2.74.320 ACTUALS PLANTWIDE APPLICABILITY LIMITS (PALs)

A. Applicability.

 (1) The department may approve the use of an actuals PAL for any existing major stationary source if 

the PAL meets the requirements in this section. The term "PAL" shall mean "actuals PAL" throughout this section. 

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

maintains its total source-wide emissions below the PAL level, meets the requirements of this section, and complies 

with the PAL permit: 

 (a) is not a major modification for the PAL pollutant; 

 (b) does not have to be approved through the requirements of this part; and 

 (c) is not subject to the provisions in Subsection D of 20.2.74.300 NMAC (restrictions on 

relaxing enforceable emission limitations that the major stationary source used to avoid applicability of the major 

new source review program). 

 (3) Except as provided under Subparagraph (c) of Paragraph (1) of this subsection, a major stationary 

source shall continue to comply with all applicable federal or state requirements, emission limitations, and work 

practice requirements that were established prior to the effective date of the PAL. 

 B. Definitions applicable to this section. 

 (1) Actuals PAL for a major stationary source means a PAL based on the baseline actual emissions 

(as defined in 20.2.74.7 NMAC) of all emissions units (as defined in 20.2.74.7 NMAC) at the source, that emit or 

have the potential to emit the PAL pollutant. 

 (2) Allowable emissions means "allowable emissions" as defined in 20.2.74.7 NMAC, except as this 

definition is modified in accordance with the following. 

 (a) The allowable emissions for any emissions unit shall be calculated considering any 

emission limitations that are enforceable as a practical matter on the emissions unit's potential to emit. 

 (b) An emissions unit's potential to emit shall be determined using the definition in 20.2.74.7 

NMAC, except that the words "or enforceable as a practical matter" should be added after "federally enforceable". 
20.2.74 NMAC 16

 (3) Small emissions unit means an emissions unit that emits or has the potential to emit the PAL 

pollutant in an amount less than the significant level for that PAL pollutant, as defined in Subsection AV of 

20.2.74.7 NMAC or in the act, whichever is lower. 

 (4) Major emissions unit means: 

 (a) any emissions unit that emits or has the potential to emit 100 tons per year or more of the 

PAL pollutant in an attainment area; or 

 (b) any emissions unit that emits or has the potential to emit the PAL pollutant in an amount 

that is equal to or greater than the major source threshold for the PAL pollutant as defined by the act for 

nonattainment areas. For example, in accordance with the definition of major stationary source in Section 182(c) of 

the act, an emissions unit would be a major emissions unit for VOC if the emissions unit is located in a serious 

ozone nonattainment area and it emits or has the potential to emit 50 or more tons of VOC per year. 

 (5) Plantwide applicability limitation (PAL) means an emission limitation expressed in tons per year, 

for a pollutant at a major stationary source, that is enforceable as a practical matter and established source-wide in 

accordance with this section. 

 (6) PAL effective date generally means the date of issuance of the PAL permit. However, the PAL 

effective date for an increased PAL is the date any emissions unit that is part of the PAL major modification 

becomes operational and begins to emit the PAL pollutant. 

 (7) PAL effective period means the period beginning with the PAL effective date and ending 10 years 

later. 

 (8) PAL major modification means, notwithstanding the definitions for major modification and net 

emissions increase in 20.2.74.7 NMAC, any physical change in or change in the method of operation of the PAL 

source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL. 

 (9) PAL permit means the major new source review permit, the minor new source review permit, or 

the state operating permit under a program that is approved into the plan, or the title V permit issued by the 

department that establishes a PAL for a major stationary source. 

 (10) PAL pollutant means the pollutant for which a PAL is established at a major stationary source. 

 (11) Significant emissions unit means an emissions unit that emits or has the potential to emit a PAL 

pollutant in an amount that is equal to or greater than the significant level (as defined in Subsection AV of 20.2.74.7 

NMAC or in the act, whichever is lower) for that PAL pollutant, but less than the amount that would qualify the unit 

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

C. Permit application requirements. As part of a permit application requesting a PAL, the owner or 

operator of a major stationary source shall submit the following information to the department for approval. 

 (1) A list of all emissions units at the source designated as small, significant or major based on their 

potential to emit. In addition, the owner or operator of the source shall indicate which, if any, federal or state 

applicable requirements, emission limitations, or work practices apply to each unit. 

 (2) Calculations of the baseline actual emissions (with supporting documentation). Baseline actual 

emissions are to include emissions associated not only with operation of the unit, but also emissions associated with 

startup, shutdown, and malfunction. 

 (3) The calculation procedures that the major stationary source owner or operator proposes to use to 

convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total for 

each month as required by Subsection M of this section. 

D. General requirements for establishing PALs. 

 (1) The department may establish a PAL at a major stationary source, provided that at a minimum, 

the following requirements are met. 

 (a) The PAL shall impose an annual emission limitation in tons per year, that is enforceable as 

a practical matter, for the entire major stationary source. For each month during the PAL effective period after the 

first 12 months of establishing a PAL, the major stationary source owner or operator shall show that the sum of the 

monthly emissions from each emissions unit under the PAL for the previous 12 consecutive months is less than the 

PAL (a 12-month average, rolled monthly). For each month during the first 11 months from the PAL effective date, 

the major stationary source owner or operator shall show that the sum of the preceding monthly emissions from the 

PAL effective date for each emissions unit under the PAL is less than the PAL. 

 (b) The PAL shall be established in a PAL permit that meets the public participation 

requirements in Subsection E of this section. 

 (c) The PAL permit shall contain all the requirements of Subsection G of this section. 

 (d) The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions 

units that emit or have the potential to emit the PAL pollutant at the major stationary source. 
20.2.74 NMAC 17

 (e) Each PAL shall regulate emissions of only one pollutant. 

 (f) Each PAL shall have a PAL effective period of 10 years. 

 (g) The owner or operator of the major stationary source with a PAL shall comply with the 

monitoring, recordkeeping, and reporting requirements provided in Subsections L through N of this section for each 

emissions unit under the PAL through the PAL effective period. 

 (2) At no time (during or after the PAL effective period) are emissions reductions of a PAL pollutant 

that occur during the PAL effective period creditable as decreases for purposes of offsets under 40 CFR 

51.165(a)(3)(ii) unless the level of the PAL is reduced by the amount of such emissions reductions and such 

reductions would be creditable in the absence of the PAL. 

E. Public participation requirements for PALs. PALs for existing major stationary sources shall 

be established, renewed, or increased, through a procedure that is consistent with 40 CFR 51.160 and 161. This 

includes the requirement that the department provide the public with notice of the proposed approval of a PAL 

permit and at least a 30-day period for submittal of public comment. The department must address all material 

comments before taking final action on the permit. 

F. Setting the 10-year actuals PAL level. 

 (1) Except as provided in Paragraph (2) of this subsection, the actuals PAL level for a major 

stationary source shall be established as the sum of the baseline actual emissions (as defined in 20.2.74.7 NMAC) of 

the PAL pollutant for each emissions unit at the source; plus an amount equal to the applicable significant level for 

the PAL pollutant under Subsection AV of 20.2.74.7 NMAC or under the act, whichever is lower. When 

establishing the actuals PAL level, for a PAL pollutant, only one consecutive 24-month period must be used to 

determine the baseline actual emissions for all existing emissions units. However, a different consecutive 24-month 

period may be used for each different PAL pollutant. Emissions associated with units that were permanently 

shutdown after this 24-month period must be subtracted from the PAL level. The department shall specify a reduced 

PAL level(s) (in tons/yr) in the PAL permit to become effective on the future compliance date(s) of any applicable 

federal or state regulatory requirement(s) that the department is aware of prior to issuance of the PAL permit. For 

instance, if the source owner or operator will be required to reduce emissions from industrial boilers in half from 

baseline emissions of 60 ppm NOx to a new rule limit of 30 ppm, then the permit shall contain a future effective 

PAL level that is equal to the current PAL level reduced by half of the original baseline emissions of such unit(s). 

 (2) For newly constructed units (which do not include modifications to existing units) on which 

actual construction began after the 24-month period, in lieu of adding the baseline actual emissions as specified in 

Paragraph (1) of this subsection, the emissions must be added to the PAL level in an amount equal to the potential to 

emit of the units. 

G. Contents of the PAL permit. The PAL permit shall contain, at a minimum, the following 

information. 

 (1) The PAL pollutant and the applicable source-wide emission limitation in tons per year. 

 (2) The PAL permit effective date and the expiration date of the PAL (PAL effective period). 

 (3) Specification in the PAL permit that if a major stationary source owner or operator applies to 

renew a PAL in accordance with Subsection J of this section before the end of the PAL effective period, then the 

PAL shall not expire at the end of the PAL effective period. It shall remain in effect until a revised PAL permit is 

issued by the department. 

 (4) A requirement that emission calculations for compliance purposes include emissions from 

startups, shutdowns and malfunctions. 

 (5) A requirement that, once the PAL expires, the major stationary source is subject to the 

requirements of Subsection I of this section. 

 (6) The calculation procedures that the major stationary source owner or operator shall use to convert 

the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total for each 

month as required by Paragraph (1) of Subsection C of this section. 

 (7) A requirement that the major stationary source owner or operator monitor all emissions units in 

accordance with the provisions under Subsection M of this section. 

 (8) A requirement to retain the records required under Subsection M of this section on site. Such 

records may be retained in an electronic format. 

 (9) A requirement to submit the reports required under Subsection N of this section by the required 

deadlines. 

 (10) Any other requirements that the department deems necessary to implement and enforce the PAL. 

H. PAL effective period and reopening of the PAL permit.

 (1) PAL effective period. The PAL effective period shall be 10 years. 
20.2.74 NMAC 18

 (2) Reopening of the PAL permit. 

 (a) During the PAL effective period, the department shall reopen the PAL permit to: 

 (i) correct typographical/calculation errors made in setting the PAL or reflect a more 

accurate determination of emissions used to establish the PAL; 

 (ii) reduce the PAL if the owner or operator of the major stationary source creates 

creditable emissions reductions for use as offsets under 40 CFR 51.165(a)(3)(ii); and 

 (iii) revise the PAL to reflect an increase in the PAL as provided under Subsection K of 

this section. 

 (b) The department may reopen the PAL permit for the following: 

 (i) to reduce the PAL to reflect newly applicable federal requirements (for example, 

NSPS) with compliance dates after the PAL effective date; 

 (ii) to reduce the PAL consistent with any other requirement, that is enforceable as a 

practical matter, and that the department may impose on the major stationary source under the plan; and 

 (iii) to reduce the PAL if the department determines that a reduction is necessary to avoid 

causing or contributing to a NAAQS or PSD increment violation, or to an adverse impact on an AQRV that has been 

identified for a federal class I area by a federal land manager and for which information is available to the general 

public. 

 (c) Except for the permit reopening in Item (i) of Subparagraph (a) of Paragraph (2) of this 

subsection for the correction of typographical/calculation errors that do not increase the PAL level, all reopenings 

shall be carried out in accordance with the public participation requirements of Subsection E of this section. 

I. Expiration of a PAL. Any PAL that is not renewed in accordance with the procedures in 

Subsection J of this section shall expire at the end of the PAL effective period, and the following requirements shall 

apply. 

 (1) Each emissions unit (or each group of emissions units) that existed under the PAL shall comply 

with an allowable emission limitation under a revised permit established according to the following procedures. 

 (a) Within the time frame specified for PAL renewals in Paragraph (2) of Subsection J of this 

section, the major stationary source shall submit a proposed allowable emission limitation for each emissions unit 

(or each group of emissions units, if such a distribution is more appropriate as decided by the department) by 

distributing the PAL allowable emissions for the major stationary source among each of the emissions units that 

existed under the PAL. If the PAL had not yet been adjusted for an applicable requirement that became effective 

during the PAL effective period, as required under Paragraph (5) of Subsection J of this section, such distribution 

shall be made as if the PAL had been adjusted. 

 (b) The department shall decide whether and how the PAL allowable emissions will be 

distributed and issue a revised permit incorporating allowable limits for each emissions unit, or each group of 

emissions units, as the department determines is appropriate. 

 (2) Each emissions unit(s) shall comply with the allowable emission limitation on a 12-month rolling 

basis. The department may approve the use of monitoring systems (source testing, emission factors, etc.) other than 

CEMS, CERMS, PEMS or CPMS to demonstrate compliance with the allowable emission limitation. 

 (3) Until the department issues the revised permit incorporating allowable limits for each emissions 

unit, or each group of emissions units, as required under Subparagraph (b) of Paragraph (1) of Subsection I of this 

section, the source shall continue to comply with a source-wide, multi-unit emissions cap equivalent to the level of 

the PAL emission limitation. 

 (4) Any physical change or change in the method of operation at the major stationary source will be 

subject to major new source review requirements if such change meets the definition of major modification in 

20.2.74.7 NMAC. 

 (5) The major stationary source owner or operator shall continue to comply with any New Mexico or 

federal applicable requirements (BACT, RACT, NSPS, etc.) that may have applied either during the PAL effective 

period or prior to the PAL effective period except for those emission limitations that had been established pursuant 

to Subsection D of 20.2.74.300 NMAC, but were eliminated by the PAL in accordance with the provisions in 

Subparagraph (c) of Paragraph (2) of Subsection A of this section. 

J. Renewal of a PAL.

 (1) The department shall follow the procedures specified in Subsection E of this section in approving 

any request to renew a PAL for a major stationary source, and shall provide both the proposed PAL level and a 

written rationale for the proposed PAL level to the public for review and comment. During such public review, any 

person may propose a PAL level for the source for consideration by the department. 
20.2.74 NMAC 19

 (2) Application deadline. A major stationary source owner or operator shall submit a timely 

application to the department to request renewal of a PAL. A timely application is one that is submitted at least 6 

months prior to, but not earlier than 18 months from, the date of permit expiration. This deadline for application 

submittal is to ensure that the permit will not expire before the permit is renewed. If the owner or operator of a major 

stationary source submits a complete application to renew the PAL within this time period, then the PAL shall 

continue to be effective until the revised permit with the renewed PAL is issued. 

 (3) Application requirements. The application to renew a PAL permit shall contain the following 

information. 

 (a) The information required in Subsection C of this section. 

 (b) A proposed PAL level. 

 (c) The sum of the potential to emit of all emissions units under the PAL (with supporting 

documentation). 

 (d) Any other information the owner or operator wishes the department to consider in 

determining the appropriate level for renewing the PAL. 

 (4) PAL adjustment. In determining whether and how to adjust the PAL, the department shall 

consider the options outlined in Subparagraphs (a) and (b) of this paragraph. However, in no case may any such 

adjustment fail to comply with Subparagraph (c) of this paragraph. 

 (a) If the emissions level calculated in accordance with Subsection F of this section is equal to 

or greater than 80 percent of the PAL level, the department may renew the PAL at the same level without 

considering the factors set forth in Subparagraph (b) of this paragraph. 

 (b) The department may set the PAL at a level that it determines to be more representative of 

the source's baseline actual emissions, or that it determines to be appropriate considering air quality needs, advances 

in control technology, anticipated economic growth in the area, desire to reward or encourage the source's voluntary 

emissions reductions, or other factors as specifically identified by the department in its written rationale. 

 (c) Notwithstanding Subparagraphs (a) and (b) of this paragraph: 

 (i) if the potential to emit of the major stationary source is less than the PAL, the 

department shall adjust the PAL to a level no greater than the potential to emit of the source; and 

 (ii) the department shall not approve a renewed PAL level higher than the current PAL, 

unless the major stationary source has complied with the provisions of Subsection K of this section (increasing a 

PAL). 

 (5) If the compliance date for a state or federal requirement that applies to the PAL source occurs 

during the PAL effective period, and if the department has not already adjusted for such requirement, the PAL shall 

be adjusted at the time of PAL permit renewal or title V permit renewal, whichever occurs first. 

K. Increasing a PAL during the PAL effective period.

 (1) The department may increase a PAL emission limitation only if the major stationary source 

complies with the following provisions. 

 (a) The owner or operator of the major stationary source shall submit a complete application to 

request an increase in the PAL limit for a PAL major modification. Such application shall identify the emissions 

unit(s) contributing to the increase in emissions so as to cause the major stationary source's emissions to equal or 

exceed its PAL. 

 (b) As part of this application, the major stationary source owner or operator shall demonstrate 

that the sum of the baseline actual emissions of the small emissions units, plus the sum of the baseline actual 

emissions of the significant and major emissions units assuming application of BACT equivalent controls, plus the 

sum of the allowable emissions of the new or modified emissions unit(s), exceeds the PAL. The level of control that 

would result from BACT equivalent controls on each significant or major emissions unit shall be determined by 

conducting a new BACT analysis at the time the application is submitted, unless the emissions unit is currently 

required to comply with a BACT or LAER requirement that was established within the preceding 10 years. In such a 

case, the assumed control level for that emissions unit shall be equal to the level of BACT or LAER with which that 

emissions unit must currently comply. 

 (c) The owner or operator obtains a major new source review permit for all emissions unit(s) 

identified in Subparagraph (a) of this paragraph, regardless of the magnitude of the emissions increase resulting 

from them (that is, no significant levels apply). These emissions unit(s) shall comply with any emissions 

requirements resulting from the major new source review process (for example, BACT), even though they have also 

become subject to the PAL or continue to be subject to the PAL. 

 (d) The PAL permit shall require that the increased PAL level shall be effective on the day any 

emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant. 
20.2.74 NMAC 20

 (2) The department shall calculate the new PAL as the sum of the allowable emissions for each 

modified or new emissions unit, plus the sum of the baseline actual emissions of the significant and major emissions 

units (assuming application of BACT equivalent controls as determined in accordance with Subparagraph (b) of 

Paragraph (1) of this subsection), plus the sum of the baseline actual emissions of the small emissions units. 

 (3) The PAL permit shall be revised to reflect the increased PAL level pursuant to the public notice 

requirements of Subsection E of this section. 

L. Monitoring requirements for PALs.

 (1) General requirements. 

 (a) Each PAL permit must contain enforceable requirements for the monitoring system that 

accurately determines plantwide emissions of the PAL pollutant in terms of mass per unit of time. Any monitoring 

system authorized for use in the PAL permit must be based on sound science and meet generally acceptable 

scientific procedures for data quality and manipulation. Additionally, the information generated by such system 

must meet minimum legal requirements for admissibility in a judicial proceeding to enforce the PAL permit. 

 (b) The PAL monitoring system must employ one or more of the four general monitoring 

approaches meeting the minimum requirements set forth in Paragraph (2) of this subsection and must be approved 

by the department. 

 (c) Notwithstanding Subparagraph (b) of this paragraph, you may also employ an alternative 

monitoring approach that meets Subparagraph (a) of this paragraph if approved by the department. 

 (d) Failure to use a monitoring system that meets the requirements of this section renders the 

PAL invalid. 

 (2) The following are acceptable general monitoring approaches when conducted in accordance with 

the minimum requirements in Paragraphs (3) through (9) of this subsection: 

 (a) Mass balance calculations for activities using coatings or solvents; 

 (b) CEMS; 

 (c) CPMS or PEMS; and 

 (d) emission factors. 

 (3) Mass balance calculations. An owner or operator using mass balance calculations to monitor PAL 

pollutant emissions from activities using coating or solvents shall meet the following requirements: 

 (a) provide a demonstrated means of validating the published content of the PAL pollutant that 

is contained in or created by all materials used in or at the emissions unit; 

 (b) assume that the emissions unit emits all of the PAL pollutant that is contained in or created 

by any raw material or fuel used in or at the emissions unit, if it cannot otherwise be accounted for in the process; 

and 

 (c) where the vendor of a material or fuel, which is used in or at the emissions unit, publishes a 

range of pollutant content from such material, the owner or operator must use the highest value of the range to 

calculate the PAL pollutant emissions unless the department determines there is site-specific data or a site-specific 

monitoring program to support another content within the range. 

 (4) CEMS. An owner or operator using CEMS to monitor PAL pollutant emissions shall meet the 

following requirements: 

 (a) CEMS must comply with applicable performance specifications found in 40 CFR Part 60, 

Appendix B; and 

 (b) CEMS must sample, analyze, and record data at least every 15 minutes while the emissions 

unit is operating. 

 (5) CPMS or PEMS. An owner or operator using CPMS or PEMS to monitor PAL pollutant 

emissions shall meet the following requirements: 

 (a) the CPMS or the PEMS must be based on current site-specific data demonstrating a 

correlation between the monitored parameter(s) and the PAL pollutant emissions across the range of operation of the 

emissions unit; and 

 (b) each CPMS or PEMS must sample, analyze, and record data at least every 15 minutes, or at 

another less frequent interval approved by the department, while the emissions unit is operating. 

 (6) Emission factors. An owner or operator using emission factors to monitor PAL pollutant 

emissions shall meet the following requirements: 

 (a) all emission factors shall be adjusted, if appropriate, to account for the degree of uncertainty 

or limitations in the factors' development; 

 (b) the emissions unit shall operate within the designated range of use for the emission factor, 

if applicable; and 
20.2.74 NMAC 21

 (c) if technically practicable, the owner or operator of a significant emissions unit that relies on 

an emission factor to calculate PAL pollutant emissions shall conduct validation testing to determine a site-specific 

emission factor within 6 months of PAL permit issuance, unless the department determines that testing is not 

required. 

 (7) A source owner or operator must record and report maximum potential emissions without 

considering enforceable emission limitations or operational restrictions for an emissions unit during any period of 

time that there is no monitoring data, unless another method for determining emissions during such periods is 

specified in the PAL permit. 

 (8) Notwithstanding the requirements in Paragraphs (3) through (7) of this subsection, where an 

owner or operator of an emissions unit cannot demonstrate a correlation between the monitored parameter(s) and the 

PAL pollutant emissions rate at all operating points of the emissions unit, the department shall, at the time of permit 

issuance: 

 (a) establish default value(s) for determining compliance with the PAL based on the highest 

potential emissions reasonably estimated at such operating point(s); or 

 (b) determine that operation of the emissions unit during operating conditions when there is no 

correlation between monitored parameter(s) and the PAL pollutant emissions is a violation of the PAL. 

 (9) Revalidation. All data used to establish the PAL pollutant must be revalidated through 

performance testing or other scientifically valid means approved by the department. Such testing must occur at least 

once every 5 years after issuance of the PAL. 

M. Recordkeeping requirements.

 (1) The PAL permit shall require an owner or operator to retain a copy of all records necessary to 

determine compliance with any requirement of this section and of the PAL, including a determination of each 

emissions unit's 12-month rolling total emissions, for 5 years from the date of such record. 

 (2) The PAL permit shall require an owner or operator to retain a copy of the following records, for 

the duration of the PAL effective period plus 5 years: 

 (a) a copy of the PAL permit application and any applications for revisions to the PAL; and 

 (b) each annual certification of compliance pursuant to title V and the data relied on in 

certifying the compliance. 

N. Reporting and notification requirements. The owner or operator shall submit semi-annual 

monitoring reports and prompt deviation reports to the department in accordance with the applicable title V 

operating permit program. The reports shall meet the following requirements. 

 (1) Semi-annual report. The semi-annual report shall be submitted to the department within 30 days 

of the end of each reporting period. This report shall contain the following information: 

 (a) the identification of owner and operator and the permit number; 

 (b) total annual emissions (tons per year) based on a 12-month rolling total for each month in 

the reporting period recorded pursuant to Paragraph (1) of Subsection M of this section; 

 (c) all data relied upon, including, but not limited to, any quality assurance or quality control 

data, in calculating the monthly and annual PAL pollutant emissions; 

 (d) a list of any emissions units modified or added to the major stationary source during the 

preceding 6-month period; 

 (e) the number, duration, and cause of any deviations or monitoring malfunctions (other than 

the time associated with zero and span calibration checks), and any corrective action taken; 

 (f) a notification of a shutdown of any monitoring system, whether the shutdown was 

permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully 

operational or replaced with another monitoring system, and whether the emissions unit monitored by the 

monitoring system continued to operate, and the calculation of the emissions of the pollutant or the number 

determined by method included in the permit, as provided by Paragraph (7) of Subsection L of this section; and 

 (g) a signed statement by the responsible official (as defined by the applicable title V operating 

permit program) certifying the truth, accuracy, and completeness of the information provided in the report. 

 (2) Deviation report. The major stationary source owner or operator shall promptly submit reports of 

any deviations or exceedance of the PAL requirements, including periods where no monitoring is available. A report 

submitted pursuant to 40 CFR 70.6(a)(3)(iii)(B) shall satisfy this reporting requirement. The deviation reports shall 

be submitted within the time limits prescribed by the applicable program implementing 40 CFR 70.6(a)(3)(iii)(B). 

The reports shall contain the following information: 

 (a) the identification of owner and operator and the permit number; 

 (b) the PAL requirement that experienced the deviation or that was exceeded; 
20.2.74 NMAC 22

 (c) emissions resulting from the deviation or the exceedance; and 

 (d) a signed statement by the responsible official (as defined by the applicable title V operating 

permit program) certifying the truth, accuracy, and completeness of the information provided in the report. 

 (3) Revalidation results. The owner or operator shall submit to the department the results of any 

revalidation test or method within three months after completion of such test or method. 

O. Transition requirements.

 (1) The department may not issue a PAL that does not comply with the requirements in this section 

after the administrator has approved regulations incorporating these requirements into a plan. 

 (2) The department may supersede any PAL which was established prior to the date of approval of 

the plan by the administrator with a PAL that complies with the requirements of this section. 

[20.2.74.320 NMAC - N, 1/22/06] 

20.2.74.321 to 20.2.74.399 [RESERVED] 

20.2.74.400 PUBLIC PARTICIPATION AND NOTIFICATION:

A. The Department shall, within thirty (30) days after receipt of an application, review such 

application and determine whether it is administratively complete or there is any deficiency in the application or 

information submitted. To be deemed administratively complete, the application must meet the requirements of 

20.2.74.301 NMAC in addition to the requirements of 20.2.72 NMAC. If the application is deemed: 

 (1) administratively complete, a letter to that effect shall be sent by certified mail to the applicant. 

 (2) administratively incomplete, a letter shall be sent by certified mail to the applicant stating what 

additional information or points of clarification are necessary to deem the application administratively complete. 

Upon receipt of the additional information or clarification, the Department shall promptly review such information 

and determine whether the application is administratively complete. 

 (3) administratively complete but no permit is required, a letter shall be sent by certified mail to the 

applicant informing the applicant of the determination. 

B. For purposes of determining minor source baseline date pursuant to 40 CFR 51: 

 (1) An application is complete when it contains all the information necessary for processing the 

application. Designating an application complete for purposes of 40 CFR 51 does not preclude the Department from 

requesting or accepting any additional information; and 

 (2) In the event that additional information is submitted to remedy any deficiency in the application 

or information submitted, the date of receipt of the application shall be the date on which the Department received 

all required information. 

C. The Department shall: 

 (1) Make a preliminary determination whether construction should be approved, approved with 

conditions, or disapproved. 

 (2) Make available at the Department district and local office nearest to the proposed source a copy of 

all materials the applicant submitted, a copy of the preliminary determination, and a copy or summary of other 

materials, if any, considered in making the preliminary determination. 

 (3) Notify the public by advertisement in a newspaper of general circulation in the area in which the 

proposed source would be constructed: 

 (a) Of the application, 

 (b) The preliminary determination, 

 (c) The degree of increment consumption that is expected from the source or modification, and 

 (d) Of the opportunity for comment at a public hearing as well as written public comment. The 

public comment period shall be for thirty (30) days from the date of such advertisement. 

 (4) Send a copy of the notice of public comment to: 

 (a) The applicant, 

 (b) The Administrator, and 

 (c) Officials and agencies having jurisdiction over the location where the proposed construction 

would occur as follows: 

 (i) Any other state or local air pollution control agencies; 

(ii) The chief executives of the city and county where the source would be located; 

 (iii) Any comprehensive regional land use planning agency; and 

(iv) Any state, Federal Land Manager, or Indian governing body whose lands may be 

affected by emissions from the source or modification. 
20.2.74 NMAC 23

 (5) Provide opportunity for a public hearing for interested persons to appear and submit written or 

oral comments on the air quality impact of the source and other appropriate considerations. 

 (6) Consider all written comments submitted within a time specified in the notice of public comment 

and all comments received at any public hearing(s) in making a final decision on the approvability of the 

application. The Department shall make all comments available for public inspection in the same locations where 

the Department made available preconstruction information relating to the source. 

 (7) Within one hundred eighty (180) days after an application is deemed administratively complete, 

unless the Secretary, as specified in 20.2.72.207 NMAC, grants an extension not to exceed ninety (90) days for good 

cause: 

 (a) make a final determination of whether construction should be approved, approved with 

conditions, or disapproved; and 

 (b) notify the applicant in writing of the final determination and make such notification 

available for public inspection at the same location where the Department made available preconstruction 

information and public comments relating to the source. 

[07/20/95; 01/01/00; 20.2.74.400 NMAC - Rn, 20 NMAC 2.74.400, 10/31/02] 

20.2.74.401 STACK HEIGHT CREDIT: The Department shall review all applications in accordance with 

the provisions of 20.2.80 NMAC (Stack Heights) (formerly Air Quality Control Regulation 710 -- Stack Height 

Requirements). 

[07/20/95; 20.2.74.401 NMAC - Rn, 20 NMAC 2.74.401, 10/31/02] 

20.2.74.402 EXCLUSIONS FROM INCREMENT CONSUMPTION: Following a public hearing, the 

Secretary may exclude the following concentrations in determining compliance with a maximum allowable increase: 

A. Concentrations due to the increase in emissions from stationary sources, over the emissions from 

such sources before the effective date of an order under sections 2(a) and (b) of the Energy Supply and 

Environmental Coordination Act of 1974 (or any superseding legislation). Sources must have converted from the 

use of petroleum products, natural gas, or both by reason of such order. This exclusion shall not apply more than 

five (5) years after the effective date of such an order; or 

B. Concentrations due to the increase in emissions from sources, over the emissions from such 

sources before the effective date of a plan in effect pursuant to the Federal Power Act. Sources must have converted 

from using natural gas by reason of a natural gas curtailment plan. This exclusion shall not apply more than five (5) 

years after the effective date of such a plan; or 

C. Concentrations of particulate matter due to the increase in emissions from construction or other 

temporary emission-related activities of new or modified sources; or 

D. The increase in concentrations due to new sources outside the United States over the 

concentrations attributed to existing sources which are included in the baseline concentrations. 

[07/20/95; 20.2.74.402 NMAC - Rn, 20 NMAC 2.74.402, 10/31/02] 

20.2.74.403 ADDITIONAL REQUIREMENTS FOR SOURCES IMPACTING CLASS I FEDERAL 

AREAS:

A. The Department shall transmit to the Administrator and the Federal Land Manager a copy of each 

permit application relating to a major stationary source or major modification proposing to locate within one 

hundred (100) kilometers of any Class I Federal area. The complete permit application shall be transmitted within 

thirty (30) days of receipt and sixty (60) days prior to any public hearing on the application. The Department shall 

include all relevant information in the permit application. Relevant information shall include an analysis of the 

proposed source's anticipated impacts on visibility in the Class I Federal area. The Department shall consult with all 

affected Federal Land Managers as to the completeness of the permit application and shall consider any analysis 

performed by the Federal Land Manager concerning the impact of the proposed major stationary source or major 

modification on air quality related values. This consideration shall include visibility, if such analysis is received 

within thirty (30) days after the Federal Land Manager receives a copy of the complete application. Additionally, 

the Department shall notify any affected Federal Land Manager within thirty days (30) from the date the Department 

receives a request for a pre-application meeting from a proposed source subject to this Part. Notice shall be 

provided to the Administrator and Federal Land Manager of every action related to the consideration of such permit. 

The department shall also provide the Federal Land Manager and the Administrator with a copy of the preliminary 

determination required under 20.2.74.400 NMAC and shall make available to them any materials used in making 

that determination. In any case where the Department disagrees with the Federal Land Manager's analysis of source 
20.2.74 NMAC 24

impact on air quality related values, the Department shall, either explain its decision or give notice to the Federal 

Land Manager as to where the explanation can be obtained. In the case where the Department disagrees with the 

Federal Land Managers' analysis, the Department will also explain its decision or give notice to the public by 

advertisement in a newspaper of general circulation in the area in which the proposed source would be constructed, 

as to where the decision can be obtained. 

B. The Department shall transmit to air quality control agencies of neighboring states and Indian 

governing bodies a copy of each permit application having the potential to affect Class I Federal areas or increment 

consumption in areas under their jurisdiction. The Department shall also provide the affected air quality control 

agencies and Indian governing bodies with a copy of the preliminary determination required under 20.2.74.400 

NMAC and shall make available to them any materials used in making that determination. The Department shall 

include a provision for a sixty (60) day comment period for the Federal Land Managers before any public hearing on 

a permit application is held. 

C. Federal Land Managers may demonstrate to the Department that emissions from a proposed 

source or modification would have an adverse impact on air quality related values, including visibility, of any Class 

I Federal lands under their jurisdiction. This may be done even though the change in air quality resulting from 

emissions from the proposed source or modification would not cause or contribute to concentrations which would 

exceed the maximum allowable increases for a Class I Federal area. If the Department concurs with this 

demonstration, then the source shall not be issued a permit. 

D. Class I Waivers: The owner or operator of a proposed source or modification may demonstrate to 

the Federal Land Manager that the emissions from a proposed source or modification would have no adverse impact 

on air quality related values, including visibility, of Class I Federal lands under his or her jurisdiction. This may be 

done even though the change in air quality resulting from emissions from such source or modification would cause 

or contribute to concentrations which would exceed the maximum allowable increases for a Class I Federal area. If 

the Federal Land Manager concurs with such demonstration and so certifies to the Department, the Department may 

grant a waiver from such maximum allowable increases. Emission limitations must be included in the permit as 

necessary to assure that emissions of sulfur dioxide, particulate matter, and nitrogen oxides would not exceed the 

maximum allowable increases over minor source baseline concentrations shown in Table 5 of this Part (20.2.74.505 

NMAC). 

E. For the case where the Federal Land Manager does not perform an impact analysis with respect to 

visibility impairment in a Class I Federal area, the Department may perform such an analysis. The Department shall 

not issue the source a permit if the Department determines that an adverse impact on visibility would occur. The 

adverse impact must be due, primarily, to the operation of the proposed source or modification. 

F. Sulfur Dioxide Waiver by Governor: The owner or operator of a proposed major stationary source 

or major modification, which cannot be approved under subsection D of 20.2.74.403 NMAC, may demonstrate to 

the Governor that the source cannot be constructed by reason of an exceedance of a maximum allowable increase for 

a Class I Federal area for sulfur dioxide for a period of twenty-four (24) hours or less. The owner or operator may 

also demonstrate that a waiver from this requirement would not adversely affect the air quality related values of the 

Class I Federal area. The Governor, after consideration of the Federal Land Manager's recommendation and subject 

to his concurrence, may, after notice and public hearing, grant a waiver from such maximum allowable increase. If 

the waiver is granted, the Department shall issue a permit to the owner or operator of the source or modification. 

Any owner or operator of a source or modification who obtains a permit under this section shall comply with sulfur 

dioxide emissions limitations. These limitations do not allow increases of ambient concentrations, above the 

baseline concentration, to exceed the levels found in Table 6 of this Part (20.2.74.506 NMAC) for periods of twentyfour (24) hours or less for more than eighteen (18) days, not necessarily consecutive, in any annual period. 

G. Sulfur Dioxide Waiver by Governor with the President's Concurrence. In any case where the 

Governor recommends a waiver in which the Federal Land Manager does not concur, the recommendations of the 

Governor and the Federal Land Manager shall be transmitted to the President through the office of the Governor. If 

the President so directs, the Department shall issue the permit. Any source or modification that obtains a permit 

under this section shall comply with sulfur dioxide emissions limitations. These limitations do not allow increases 

in ambient concentrations, above the baseline concentration, to exceed the levels found in Table 6 of this Part 

(20.2.74.506 NMAC) for periods of twenty-four (24) hours or less for more than eighteen (18) days, not necessarily 

consecutive, in any annual period. 

[07/20/95; 20.2.74.403 NMAC - Rn, 20 NMAC 2.74.403, 10/31/02] 

20.2.74.404 to 20.2.74.500 [RESERVED] 
20.2.74 NMAC 25

20.2.74.501 TABLE 1 - PSD SOURCE CATEGORIES.

A. Carbon black plants (furnace process) 

B. Charcoal production plants 

C. Chemical process plants 

D. Coal cleaning plants (with thermal dryers) 

E. Coke oven batteries 

F. Fossil fuel boilers (or combinations thereof) totaling more than 250 million BTU/hr heat input 

G. Fossil fuel-fired steam electric plants of more than 250 million BTU/hr heat input 

H. Fuel conversion plants 

I. Glass fiber processing plants 

J. Hydrofluoric acid plants 

K. Iron and steel mills 

L. Kraft pulp mills 

M. Lime plants 

N. Municipal incinerators capable of charging more than 50 tons of refuse per day 

O. Nitric acid plants 

P. Petroleum refineries 

Q. Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels 

R. Phosphate rock processing plants 

S. Portland cement plants 

T. Primary aluminum ore reduction plants 

U. Primary copper smelters 

V. Primary lead smelters 

W. Primary zinc smelters 

X. Secondary metal production plants 

Y. Sintering plants 

Z. Sulfur recovery plants 

AA. Sulfuric acid plants 

AB. Taconite ore processing plants 

[07/20/95; 20.2.74.501 NMAC - Rn, 20 NMAC 2.74 Table 1, 10/31/02; A, 1/22/06] 

20.2.74.502 TABLE 2 - SIGNIFICANT EMISSION RATES:

POLLUTANT EMISSION RATE (TONS/YR) 

Carbon monoxide 100 

Fluorides 3 

Lead 0.6 

Municipal waste combustor 

 Acid gases (measured as sulfur dioxide and hydrogen chloride) 40 (36 megagrams/year) 

 Metals (measured as particulate matter 15 (14 megagrams/year) 

 Organics (measured as total tetra- through octa-chlorinated 

dibenzo-p-dioxins and dibenzofurans) 

0.0000035 (0.0000032 megagrams/yr) 

Nitrogen oxides 40 

Ozone (Volatile Organic Compounds or nitrogen oxides) 40 

Particulate Matter 

 Particulate matter emissions 25 

 PM-10 emissions 15 

Sulfur compounds 

 Hydrogen sulfide (H2S) 10 

 Reduced sulfur compounds (incl. H2S) 10 

 Sulfur dioxide 40 

 Sulfuric acid mist 7 

 Total reduced sulfur (incl. H2S) 10 

Any other pollutant regulated under the act that is not listed in this 

table 

Any emission rate 
20.2.74 NMAC 26

Each regulated pollutant Emission rate or net emissions increase 

associated with a major stationary source 

or major modification that causes an air 

quality impact of one microgram per 

cubic meter or greater (24-hr average) in 

any class I federal area located within 10 

km of the source. 

[07/20/95; 20.2.74.502 NMAC - Rn, 20 NMAC 2.74 Table 2, 10/31/02; A, 1/22/06; A, 8/31/09] 

20.2.74.503 TABLE 3 - SIGNIFICANT MONITORING CONCENTRATIONS.

POLLUTANT 

AIR QUALITY 

CONCENTRATION 

micrograms per cubic meter 

AVERAGING TIME 

Carbon monoxide 575 8 hours 

Fluorides 0.25 24 hours 

Lead 0.1 3 months 

Nitrogen dioxide 14 Annual 

Ozone b 

Particulate matter (PM-10) 10 24 hours 

Sulfur compounds 

 Hydrogen sulfide (H2S) 0.20 1 hour 

 Reduced sulfur compounds (incl. H2S) 10 1 hour 

 Sulfur dioxide 13 24 hours 

 Sulfuric acid mist a 

 Total reduced sulfur (incl. H2S) 10 1 hour 

a - No acceptable monitoring techniques available at this time. Therefore, monitoring is not required until 

acceptable techniques are available. 

b –No de minimis air quality level is provided for ozone. However, any net increase of 100 tons per year or 

more of volatile organic compounds or nitrogen oxides subject to PSD would be required to perform an 

ambient impact analysis, including the gathering of ambient air quality data. 

[07/20/95; 20.2.74.503 NMAC - Rn, 20 NMAC 2.74 Table 3, 10/31/02; A, 1/22/06; A, 8/31/09] 

20.2.74.504 TABLE 4 - ALLOWABLE PSD INCREMENTS:

Micrograms per cubic meter (μg/m3

) 

Class I Class II Class III 

Nitrogen Dioxide 

 annual arithmetic mean 2.5 25 50 

Particulate Matter 

 PM10, annual arithmetic mean 4 17 34 

 PM10, 24-hour maximum 8a 30a 60a

Sulfur Dioxide 

 annual arithmetic mean 2 20 40 

 24-hour maximum 5a 91a 182a

 3-hour maximum 25a 512a 700a

a - Not to be exceeded more than once a year. 

 

[07/20/95; 20.2.74.504 NMAC - Rn, 20 NMAC 2.74 Table 4, 10/31/02] 

20.2.74.505 TABLE 5 - MAXIMUM ALLOWABLE INCREASES FOR CLASS I WAIVERS:
20.2.74 NMAC 27

Micrograms per cubic meter (μg/m3

) 

Nitrogen Dioxide 

 annual arithmetic mean 25 

Particulate Matter 

 PM10, annual arithmetic mean 17 

 PM10, 24-hour maximum 30 

Sulfur Dioxide 

 annual arithmetic mean 20 

 24-hour maximum 91 

 3-hour maximum 325 

[07/20/95; 20.2.74.505 NMAC - Rn, 20 NMAC 2.74 Table 5, 10/31/02] 

20.2.74.506 TABLE 6 - MAXIMUM ALLOWABLE INCREASE FOR SULFUR DIOXIDE WAIVER 

BY GOVERNOR: 

Micrograms per cubic meter (μg/m3

) 

 Terrain Areas 

Period of Exposure Low High 

24-hr. maximum 36 62 

3-hr. maximum 130 221 

[07/20/95; 20.2.74.506 NMAC - Rn, 20 NMAC 2.74 Table 6, 10/31/02] 

HISTORY OF 20.2.74 NMAC:

Pre NMAC History: The material in this part was derived from that previously filed with the commission of public 

records - state records center and archives. 

EIB/AQCR 707, Air Quality Control Regulation 707 - Permits, Prevention Of Significant Deterioration (PSD), 

02/14/84; 

EIB/AQCR 707, Air Quality Control Regulation 707 - Permits, Prevention Of Significant Deterioration (PSD), 

07/15/86; 

EIB/AQCR 707, Air Quality Control Regulation 707 - Permits, Prevention Of Significant Deterioration (PSD), 

08/01/88; 

EIB/AQCR 707, Air Quality Control Regulation 707 - Permits, Prevention Of Significant Deterioration (PSD), 

05/29/90. 

History of Repealed Material: [RESERVED]

Other History:

EIB/AQCR 707, Air Quality Control Regulation 707 - Permits, Prevention Of Significant Deterioration (PSD), filed 

05/29/90 was renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.74, Permits -- 

Prevention Of Significant Deterioration (PSD), filed 06/20/95. 

20 NMAC 2.74, Permits -- Prevention Of Significant Deterioration (PSD), filed 06/20/95 was renumbered, 

reformatted and replaced by 20.2.74 NMAC, Permits -- Prevention Of Significant Deterioration (PSD), effective 

10/31/02. 
20.2.79 NMAC 1

TITLE 20 ENVIRONMENTAL PROTECTION 

CHAPTER 2 AIR QUALITY (STATEWIDE) 

PART 79 PERMITS - NONATTAINMENT AREAS

20.2.79.1 ISSUING AGENCY: Environmental Improvement Board. 

[11/30/95; 20.2.79.1 NMAC - Rn, 20 NMAC 2.79.100, 10/31/02] 

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

this Part. 

[11/30/95; 20.2.79.2 NMAC - Rn, 20 NMAC 2.79.101, 10/31/02] 

20.2.79.3 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, sections 74-2-

5(C)(1) and 74-2-7(A)(1), (B), (C) and (D). 

[11/30/95; 20.2.79.3 NMAC - Rn, 20 NMAC 2.79.102, 10/31/02] 

20.2.79.4 DURATION: Permanent. 

[11/30/95; 20.2.79.4 NMAC - Rn, 20 NMAC 2.79.103, 10/31/02] 

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

section or paragraph. 

[11/30/95; A, 10/01/97; 20.2.79.5 NMAC - Rn, 20 NMAC 2.79.104, 10/31/02] 

[The latest effective date of any section in this Part is 1/22/06.] 

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

nonattainment area permit. 

[11/30/95; 20.2.79.6 NMAC - Rn, 20 NMAC 2.79.105, 10/31/02] 

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

part, the following terms apply. 

A. "Actual emissions" means the actual rate of emissions of a regulated new source review pollutant 

from an emissions unit, as determined in accordance with the following, except that this definition shall not apply 

for calculating whether a significant emissions increase has occurred, or for establishing a plantwide applicability 

limit under 20.2.79.120 NMAC. Instead, Subsections E and AI of this section shall apply for those purposes. 

 (1) In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at 

which the unit actually emitted the pollutant during a consecutive 24-month period which precedes the particular 

date and which is representative of normal source operation. The department shall allow the use of a different time 

period upon a determination that it is more representative of normal source operation. Actual emissions shall be 

calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or 

combusted during the selected time period. 

 (2) The department may presume that source-specific allowable emissions for the unit are equivalent 

to the actual emissions of the unit. 

 (3) For any emissions unit that has not begun normal operations on the particular date, actual 

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

B. "Administrator" means the administrator of the U.S. environmental protection agency (EPA) or 

an authorized representative. 

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

management, protection, preservation, or enjoyment of the visitor's visual experience of the mandatory federal class 

I area. This determination must be made on a case-by-case basis taking into account the geographic extent, 

intensity, duration, frequency, and time of the visibility impairments and how these factors correlate with: 1) times 

of visitor use of the mandatory federal class I area; and 2) the frequency and timing of natural conditions that reduce 

visibility. This term does not include effects on integral vistas as defined in 40 CFR 51.301 Definitions. 

D. "Allowable emissions" means the emissions rate of a stationary source calculated using the 

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

operating rate, or hours of operation, or both) and the most stringent of the following: 

 (1) the applicable standard set forth in 40 CFR Part 60 or 61; 
20.2.79 NMAC 2

 (2) any applicable state implementation plan emissions limitation including those with a future 

compliance date; or 

 (3) the emissions rate specified as a federally enforceable permit condition, including those with a 

future compliance date. 

E. "Baseline actual emissions" means the rate of emissions, in tons per year, of a regulated new 

source review pollutant, as determined in accordance with the following. 

 (1) For any existing electric utility steam generating unit, baseline actual emissions means the 

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

period selected by the owner or operator within the 5-year period immediately preceding when the owner or operator 

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

determination that it is more representative of normal source operation. 

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

associated with startups, shutdowns, and malfunctions. 

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

occurred while the source was operating above any emission limitation that was legally enforceable during the 

consecutive 24-month period. 

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

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

emissions units being changed. A different consecutive 24-month period can be used for each regulated new source 

review pollutant. 

 (d) The average rate shall not be based on any consecutive 24-month period for which there is 

inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required 

by Subparagraph (b) of Paragraph (1) of this subsection. 

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

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

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

either the date the owner or operator begins actual construction of the project, or the date a complete permit 

application is received by the department for a permit required either under this section or under a plan approved by 

the administrator, whichever is earlier, except that the 10-year period shall not include any period earlier than 

November 15, 1990. 

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

associated with startups, shutdowns, and malfunctions. 

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

occurred while the source was operating above an emission limitation that was legally enforceable during the 

consecutive 24-month period. 

 (c) The average rate shall be adjusted downward to exclude any emissions that would have 

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

stationary source been required to comply with such limitations during the consecutive 24-month period. However, 

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

proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted if the state has 

taken credit for such emissions reductions in an attainment demonstration or maintenance plan consistent with the 

requirements of Subsection D of 20.2.79.115 NMAC. 

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

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

emissions units being changed. A different consecutive 24-month period can be used for each regulated new source 

review pollutant. 

 (e) The average rate shall not be based on any consecutive 24-month period for which there is 

inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required 

by Subparagraphs (b) and (c) of Paragraph (2) of this subsection. 

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

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

all other purposes, shall equal the unit's potential to emit. 

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

shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in 

Paragraph (1) of this subsection, for other existing emissions units in accordance with the procedures contained in 
20.2.79 NMAC 3

Paragraph (2) of this subsection, and for a new emissions unit in accordance with the procedures contained in 

Paragraph (3) of this subsection. 

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

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

installation of building support and foundations, laying of underground pipework, and construction of permanent 

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

than preparatory activities which mark the initiation of the change. 

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

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

which would be emitted from any proposed major stationary source or major modification which the department, on 

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

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

systems, and techniques, including fuel cleaning, clean fuels, or treatment or innovative fuel combustion techniques 

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

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

the department determines that technological or economic limitations on the application of measurement 

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

equipment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the 

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

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

compliance by means which achieve equivalent results. 

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

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

under the control of the same person (or persons under common control). Pollutant-emitting activities shall be 

considered as part of the same industrial grouping if they belong to the same "major group" (i.e., which have the 

same two-digit code) as described in the standard industrial classification manual, 1972, as amended by the 1977 

supplement (U.S. government printing office stock numbers 4101-0066 and 003-005-00176-0, respectively). 

I. "Commence" as applied to construction of a major stationary source or major modification 

means that the owner or operator has all necessary preconstruction approvals or permits and either has: 

 (1) begun, or caused to begin, a continuous program of actual on-site construction of the source, to be 

completed within a reasonable time; or 

 (2) entered into binding agreements or contractual obligations, which cannot be cancelled or modified 

without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be 

completed within a reasonable time. 

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

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

in actual emissions. 

K. "Continuous emissions monitoring system" (CEMS) means all of the equipment that may be 

required to meet the data acquisition and availability requirements of this section, to sample, condition (if 

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

L. "Continuous emissions rate monitoring system" (CERMS) means the total equipment required 

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

M. "Continuous parameter monitoring system" (CPMS) means all of the equipment necessary to 

meet the data acquisition and availability requirements of this section, to monitor process and control device 

operational parameters (for example, control device secondary voltages and electric currents) and other information 

(for example, gas flow rate, oxygen or carbon dioxide concentrations), and to record average operational parameter 

value(s) on a continuous basis. 

N. "Electric utility steam generating unit" means any steam electric generating unit that is 

constructed for the purpose of supplying more than one-third of its potential electric output capacity and more than 

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

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

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

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

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

Subsection N of this section. For purposes of this section, there are two types of emissions units. 
20.2.79 NMAC 4

 (1) A new emissions unit is any emissions unit which is (or will be) newly constructed and which has 

existed for less than 2 years from the date such emissions unit first operated. 

 (2) An existing emissions unit is any emissions unit that does not meet the requirements in Paragraph 

(1) of this subsection. A replacement unit, as defined in this section, is an existing unit. 

P. "Federal class I area" means any Federal land that is classified or reclassified "class I". 

Q. "Federal land manager" means, with respect to any lands in the United States, the secretary of 

the department with authority over such lands. 

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

administrator, including those requirements developed pursuant to 40 CFR Parts 60 and 61, requirements within any 

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

regulations approved pursuant to 40 CFR Part 51, Subpart I including 40 CFR 51.165 and 40 CFR 51.166. 

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

chimney, vent, or other functionally equivalent opening. 

T. "Lowest achievable emission rate" means, for any source, the more stringent rate of emissions 

based on the following: 

 (1) the most stringent emissions limitation which is contained in the implementation plan of any state 

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

demonstrates that such limitations are not achievable; or 

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

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

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

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

applicable new source standard of performance. 

 U. "Major modification" means any physical change in or change in the method of operation of a 

major stationary source that would result in a significant emissions increase of a regulated new source review 

pollutant (as defined in this section); and a significant net emissions increase of that pollutant from the major 

stationary source. Any significant emissions increase (as defined in this section) from any emissions units or net 

emissions increase (as defined in this section) at a major stationary source that is significant for volatile organic 

compounds or oxides of nitrogen shall be considered significant for ozone. 

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

 (a) routine maintenance, repair, and replacement; 

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

of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of 

a natural gas curtailment plan pursuant to the federal Power Act; 

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

Clean Air Act; 

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

from municipal solid waste; 

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

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

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

21, 1976 pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.165 or 40 CFR 51.166; or 

 (ii) the source is approved to use under any permit issued under 40 CFR 52.21 or under 

regulations approved pursuant to 40 CFR 51.166; 

 (f) an increase in the hours of operation or in the production rate, unless such change would be 

prohibited under any federally enforceable permit which was established after December 21, 1976, pursuant to 40 

CFR 52.21 or under regulations approved pursuant to 40 CFR 51.165 or 40 CFR 51.166; 

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

 (h) the installation, operation, cessation, or removal of a temporary clean coal technology 

demonstration project, provided that the project complies with the state implementation plan for the state in which is 

project is located, and other requirements necessary to attain and maintain the national ambient air quality standards 

during the project and after it is terminated. 

 (2) This definition shall not apply with respect to a particular regulated new source review pollutant 

when the major stationary source is complying with the requirements under 20.2.79.120 NMAC for a plantwide 

applicability limit for that pollutant. Instead, the definition at Paragraph (8) of Subsection B of 20.2.79.120 NMAC 

shall apply. 
20.2.79 NMAC 5

 (3) For the purpose of applying the requirements of Subsection H of 20.2.79.109 NMAC to 

modifications at major stationary sources of nitrogen oxides located in ozone nonattainment areas or in ozone 

transport regions, whether or not subject to subpart 2, part D, title I of the federal Clean Air Act, any significant net 

emissions increase of nitrogen oxides is considered significant for ozone. 

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

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

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

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

ozone nonattainment area that is subject to subpart 2, part D, title I of the federal Clean Air Act.

 V. "Major stationary source" means the following. 

 (1) Any stationary source of air pollutants which emits, or has the potential to emit, 100 tons per year 

or more of any regulated new source review pollutant, except that lower emissions thresholds shall apply in areas 

subject to subpart 2, subpart 3, or subpart 4 of part D, title I of the federal Clean Air Act, according to 

Subparagraphs (a) through (f) of Paragraph (1) of Subsection V of 20.2.79.7 NMAC. 

 (a) 50 tons per year of volatile organic compounds in any serious ozone nonattainment area. 

 (b) 50 tons per year of volatile organic compounds in an area within an ozone transport region, 

except for any severe or extreme ozone nonattainment area. 

 (c) 25 tons per year of volatile organic compounds in any severe ozone nonattainment area. 

 (d) 10 tons per year of volatile organic compounds in any extreme ozone nonattainment area. 

 (e) 50 tons per year of carbon monoxide in any serious nonattainment area for carbon 

monoxide, where stationary sources contribute significantly to carbon monoxide levels in the area (as determined 

under rules issued by the United States environmental protection agency administrator). 

 (f) 70 tons per year of PM10 in any serious nonattainment area for PM10. 

 (2) For the purposes of applying the requirements of Subsection H of 20.2.79.109 NMAC to 

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

stationary source which emits, or has the potential to emit, 100 tons per year or more of nitrogen oxides emissions, 

except that the emission thresholds in Subparagraphs (a) through (f) of Paragraph (1) of Subsection V of 20.2.79.7 

NMAC shall apply in areas subject to subpart 2 of part D, title I of the federal Clean Air Act. 

 (a) 100 tons per year or more of nitrogen oxides in any ozone nonattainment area classified as 

marginal or moderate. 

 (b) 100 tons per year or more of nitrogen oxides in any ozone nonattainment area classified as 

a transitional, submarginal, or incomplete or no data area, when such area is located in an ozone transport region. 

 (c) 100 tons per year or more of nitrogen oxides in any area designated under section 107(D) if 

the federal Clean Air Act as attainment or unclassifiable for ozone that is located in an ozone transport region. 

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

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

 (f) 10 tons per year or more of nitrogen oxides in any extreme nonattainment area for ozone; or

 (3) Any physical change that would occur at a stationary source not qualifying under Paragraph (1) or 

(2) of this definition as a major stationary source, if the change would constitute a major stationary source by itself. 

 (4) A major stationary source that is major for volatile organic compounds or oxides of nitrogen shall 

be considered major for ozone. 

 (5) A stationary source shall not be a major stationary source due to fugitive emissions, to the extent 

they are quantifiable, unless the source belongs to: 

 (a) any category in Subsection B of 20.2.79.119 NMAC; or 

 (b) any other stationary source category which as of August 7, 1980 is being regulated under 

Section 111 or 112 of the federal Clean Air Act. 

 (6) A stationary source shall not be a major stationary source due to secondary emissions. 

W. "Mandatory federal class I area" means those federal lands that are international parks, national 

wilderness areas which exceed five thousand (5,000) acres in size, national memorial parks which exceed five 

thousand (5,000) acres in size, and national parks which exceed six thousand (6,000) acres in size, and which were 

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

X. "Natural conditions" includes naturally occurring phenomena that reduce visibility as measured 

in terms of visual range, contrast or coloration. 

Y. "Necessary preconstruction approvals or permits" means those permits or approvals required 

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

part of the applicable state implementation plan. 
20.2.79 NMAC 6

Z. "Net emissions increase".

 (1) With respect to any regulated new source review pollutant emitted by a major stationary source, 

the amount by which the sum of the following exceeds zero: 

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

operation at a stationary source as calculated pursuant to Subsection E of 20.2.79.109 NMAC; and 

 (b) any other increases and decreases in actual emissions at the major stationary source that are 

contemporaneous with the particular change and are otherwise creditable; baseline actual emissions for calculating 

increases and decreases shall be determined as provided in Subsection E of this section, except that Subparagraphs 

(c) and (d) of Paragraph (2) of Subsection E of this section shall not apply. 

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

particular change only if it occurs within the time period five years prior to the commencement of construction on 

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

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

 (a) it occurs within the time period five years prior to the commencement of construction on 

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

 (b) either the department or the administrator has not relied on it in issuing a permit for the 

source under regulations approved pursuant to this section, which permit is in effect when the increase in actual 

emissions from the particular change occurs. 

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

emissions exceeds the old level. 

 (5) A decrease in actual emissions is creditable only to the extent that: 

 (a) the old level of actual emissions or the old level of allowable emissions whichever is lower, 

exceeds the new level of actual emissions; 

 (b) it is enforceable as a practical matter at and after the time that actual construction on the 

particular change begins; 

 (c) the department has not relied on it in issuing any permit under regulations approved 

pursuant to 40 CFR Part 51 Subpart I or the state has not relied on it in demonstrating attainment or reasonable 

further progress; and 

 (d) it has approximately the same qualitative significance for public health and welfare as that 

attributed to the increase from the particular change. 

 (6) An increase that results from a physical change at a source occurs when the emissions unit on 

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

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

 (7) Paragraph (1) of Subsection A of this section shall not apply for determining creditable increases 

and decreases or after a change. 

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

which is calculated by air quality modeling (or other methods determined by the administrator to be reliable) to 

exceed any national ambient air quality standard for such pollutant. Such term includes any area identified under 

Subparagraphs (A) through (C) of Section 107(d)(1) of the federal Clean Air Act. 

AB. "Nonattainment major new source review (NSR) program" means a major source 

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

state implementation plan to implement the requirements of 40 CFR 51.165, or a program that implements 40 CFR 

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

permit. 

AC. "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. 

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

with limited dismantling and reassembly. 

AE. "Potential to emit" means the maximum capacity of a stationary source to emit a pollutant under 

its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a 

pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount 

of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it 

would have on emissions is federally enforceable. 

AF. "Predictive emissions monitoring system" (PEMS) means all of the equipment necessary to 

monitor process and control device operational parameters (for example, control device secondary voltages and 
20.2.79 NMAC 7

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

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

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

20.2.74 NMAC. 

AH. "Project" means a physical change in, or change in the method of operation of, an existing major 

stationary source. 

 AI. "Projected actual emissions" means, the maximum annual rate, in tons per year, at which an 

existing emissions unit is projected to emit a regulated new source review pollutant in any one of the 5 years (12-

month period) following the date the unit resumes regular operation after the project, or in any one of the 10 years 

following that date, if the project involves increasing the emissions unit's design capacity or its potential to emit of 

that regulated new source review pollutant and full utilization of the unit would result in a significant emissions 

increase or a significant net emissions increase at the major stationary source. In determining the projected actual 

emissions before beginning actual construction, the owner or operator of the major stationary source: 

 (1) shall consider all relevant information, including but not limited to, historical operational data, the 

company's own representations, the company's expected business activity and the company's highest projections of 

business activity, the company's filings with the state or federal regulatory authorities, and compliance plans under 

the approved plan; and 

 (2) shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, 

shutdowns, and malfunctions; and 

 (3) shall exclude, in calculating any increase in emissions that results from the particular project, that 

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

consecutive 24-month period used to establish the baseline actual emissions under Subsection E of this section and 

that are also unrelated to the particular project, including any increased utilization due to product demand growth; 

or, 

 (4) in lieu of using the method set out in Paragraphs (1) through (3) of this subsection, may elect to 

use the emissions unit's potential to emit, in tons per year, as defined under Subsection AE of this section. 

 AJ. "Regulated new source review pollutant", for purposes of this section, means the following: 

 (1) nitrogen oxides or any volatile organic compounds; 

 (2) any pollutant for which a national ambient air quality standard has been promulgated; or 

 (3) any pollutant that is a constituent or precursor of a general pollutant listed in Paragraphs (1) or (2) 

of this subsection, provided that a constituent or precursor pollutant may only be regulated under new source review 

as part of regulation of the general pollutant. 

AK. "Replacement Unit" means an emission unit for which all of the following criteria are met. No 

creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced. 

 (1) The emissions unit is a reconstructed unit within the meaning of 40 CFR 60.15(b)(1), or the 

emissions unit completely takes the place of an existing emissions unit. 

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

 (3) The replacement unit does not change the basic design parameter(s) of the process unit. 

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

permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter. If 

the replaced emissions unit is brought back into operation, it shall constitute a new emissions unit. 

AL. "Secondary emissions" means emissions which would occur as a result of the construction or 

operation of a major stationary source or major modification, but do not come from the major stationary source or 

major modification itself. For the purpose of this section, secondary emissions must be specific, well defined, 

quantifiable, and impact the same general area as the stationary source or modification which causes the secondary 

emissions. Secondary emissions include emissions from any offsite support facility which would not be constructed 

or increase its emissions except as a result of the construction or operation of the major stationary source or major 

modification. Secondary emissions do not include any emissions which come directly from a mobile source, such as 

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

AM. "Significant" means: 

 (1) In reference to a net emissions increase or the potential of a source to emit any of the following 

pollutants, a rate of emissions that would equal or exceed any of the following rates: carbon monoxide, 100 tons per 

year; nitrogen oxides, 40 tons per year; sulfur dioxide, 40 tons per year; PM-10 emissions, 15 tons per year; ozone, 

40 tons per year of volatile organic compounds or nitrogen oxides; lead, 0.6 tons per year. 

 (2) Notwithstanding the significant emissions rate for ozone in Paragraph (1) of Subsection AM of 

20.2.79.7 NMAC, significant means, in reference to an emissions increase or a net emissions increase, any increase 
20.2.79 NMAC 8

in actual emissions of volatile organic compounds that would result from any physical change in, or change in the 

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

subject to subpart 2, part D, title I of the federal Clean Air Act, if such emissions increase of volatile organic 

compounds exceeds 25 tons per year. 

 (3) For the purposes of applying the requirements of Subsection H of 20.2.79.109 NMAC to 

modifications at major stationary sources of nitrogen oxides located in an ozone nonattainment area or in an ozone 

transport region, the significant emission rates and other requirements for volatile organic compounds in Paragraphs 

(1), (2), and (5) of Subsection AM of 20.2.79.7 NMAC shall apply to nitrogen oxides emissions. 

 (4) Notwithstanding the significant emissions rate for carbon monoxide under Paragraph (1) of 

Subsection AM of 20.2.79.7 NMAC significant means, in reference to an emissions increase or a net emissions 

increase, any increase in actual emissions of carbon monoxide that would result from any physical change in, or 

change in the method of operation of, a major stationary source in a serious nonattainment area for carbon monoxide 

if such increase equals or exceeds 50 tons per year, provided the U.S. environmental protection agency administrator 

has determined that stationary sources contribute significantly to carbon monoxide levels in that area. 

 (5) Notwithstanding the significant emissions rates for ozone under Paragraphs (1) and (2) of 

Subsection AM of 20.2.79.7 NMAC, any increase in actual emissions of volatile organic compounds from any 

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

nonattainment area that is subject to subpart 2, part D, title I of the federal Clean Air Act shall be considered a 

significant net emissions increase.

 AN. "Significant emissions increase" means, for a regulated new source review pollutant, an increase 

in emissions that is significant (as defined in Subsection AM of this section) for that pollutant. 

AO. "Stationary source" means any building, structure, facility, or installation which emits or may 

emit any regulated new source review pollutant. 

AP. "Temporary source" means a stationary source which changes its location or ceases to exist 

within one year from the date of initial start of operations. 

AQ. "Visibility impairment" means any humanly perceptible change in visibility (visual range, 

contrast, coloration) from that which would have existed under natural conditions. 

[11/30/95; 20.2.79.7 NMAC - Rn, 20 NMAC 2.79.107, 10/31/02; A, 1/22/06; A, 08/31/09] 

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

supersedes Air Quality Control Regulation ("AQCR") 709 -- Permits -- Nonattainment Areas last filed June 25, 

1992, as amended ("AQCR 709"). 

A. All references to AQCR 709 in any other rule shall be construed as a reference to this Part. 

B. The amendment and supersession of AQCR 709 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 709. 

[11/30/95; 20.2.79.8 NMAC - Rn, 20 NMAC 2.79.106, 10/31/02] 

20.2.79.9 DOCUMENTS: Documents cited in this Part may be viewed at the New Mexico Environment 

Department, Air Quality Bureau, Harold Runnels Building, 1190 St. Francis Drive, Santa Fe, NM 87505 [2048 

Galisteo St., Santa Fe, NM 87505]. 

[11/30/95; 20.2.79.9 NMAC - Rn, 20 NMAC 2.79.108, 10/31/02] 

20.2.79.10 SEVERABILITY. If any provision of this part, or the application of such provision to any person 

or circumstance, is held invalid, the remainder of this part, or the application of such provision to persons or 

circumstances other than those as to which it is held invalid, shall not be affected thereby. 

[20.2.79.10 NMAC - N, 1/22/06] 

20.2.79.11 CONSTRUCTION. This part shall be liberally construed to carry out its purpose. 

[20.2.79.11 NMAC - N, 1/22/06] 

20.2.79.12 SAVINGS CLAUSE. Repeal or supersession of prior versions of this part shall not affect any 

administrative or judicial action initiated under those prior versions. 

[20.2.79.12 NMAC - N, 1/22/06] 
20.2.79 NMAC 9

20.2.79.13 COMPLIANCE WITH OTHER REGULATIONS. Compliance with this part does not relieve 

a person from the responsibility to comply with any other applicable federal, state, or local regulations. 

[20.2.79.13 NMAC - N, 1/22/06] 

20.2.79.14 LIMITATION OF DEFENSE. The existence of a valid permit under this part shall not constitute 

a defense to a violation of any section of this part, except the requirement for obtaining a permit. 

[20.2.79.14 NMAC - N, 1/22/06] 

20.2.79.15 to 20.2.79.108 [RESERVED] 

20.2.79.109 APPLICABILITY.

A. Any person constructing any new major stationary source or major modification shall obtain a 

permit from the department in accordance with the requirements of this part prior to the start of construction or 

modification if either of the following conditions apply: 

 (1) the major stationary source or major modification will be located within a nonattainment area so 

designated pursuant to Section 107 of the federal Clean Air Act and will emit a regulated pollutant for which it is 

major and which the area is designated nonattainment for; or 

 (2) the major stationary source or major modification will be located within an area designated 

attainment or unclassifiable pursuant to Section 107 of the federal Clean Air Act and will emit a regulated pollutant 

for which it is major and the ambient impact of such pollutant would exceed any of the significance levels in 

Subsection A of 20.2.79.119 NMAC at any location that does not meet any national ambient air quality standard for 

the same pollutant. (See Subsection D of 20.2.79.109 NMAC.) 

B. The requirements of this part apply to each regulated pollutant meeting the criteria of either 

Paragraph (1) or Paragraph (2) of Subsection A of 20.2.79.109 NMAC. 

C. For an area which is nonattainment for ozone, volatile organic compounds and oxides of nitrogen 

are the regulated pollutants which may make this part applicable under the provisions of Paragraph (1) of Subsection 

A of 20.2.79.109 NMAC. 

D. Other requirements. 

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

Subsection A of 20.2.79.109 NMAC shall demonstrate that the source or modification will not cause or contribute to 

a violation of any national ambient air quality standard by meeting the following requirements and no others of this 

part: 

 (a) Paragraph (2) of Subsection C of 20.2.79.112 NMAC regarding emission offsets; 

 (b) Subsection D of 20.2.79.112 NMAC regarding a net air quality benefit; 

 (c) 20.2.79.114 NMAC - Emission Offset Baseline; 

 (d) 20.2.79.115 NMAC - Emission Offset; and 

 (e) 20.2.79.117 NMAC - Air Quality Benefit. 

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

A of 20.2.79.109 NMAC and is also a major stationary source or major modification as defined in 20.2.74 NMAC 

(prevention of significant deterioration (PSD)), shall obtain a PSD permit under the provisions of 20.2.74 NMAC. 

E. Applicability procedures. 

 (1) Except as otherwise provided in Paragraphs (3) and (4) of this subsection, and consistent with the 

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

causes two types of emissions increases - a significant emissions increase (as defined in Subsection AM of 20.2.79.7 

NMAC), and a significant net emissions increase (as defined in Subsections Z and AM of 20.2.79.7 NMAC). The 

project is not a major modification if it does not cause a significant emissions increase. If the project causes a 

significant emissions increase, then the project is a major modification only if it also results in a significant net 

emissions increase. 

 (2) The procedure for calculating (before beginning actual construction) whether a significant 

emissions increase (i.e., the first step of the process) will occur depends upon the type of emissions units being 

modified, according to Paragraphs (3) and (4) of this subsection. The procedure for calculating (before beginning 

actual construction) whether a significant net emissions increase will occur at the major stationary source (i.e., the 

second step of the process) is contained in the definition of net emissions increase. Regardless of any such 

preconstruction projections, a major modification results if the project causes a significant emissions increase and a 

significant net emissions increase. 
20.2.79 NMAC 10

 (3) Actual-to-projected-actual applicability test for projects that involve existing emissions units. A 

significant emissions increase of a regulated new source review pollutant is projected to occur if the sum of the 

difference between the projected actual emissions and the baseline actual emissions (as defined in Paragraphs (1) 

and (2) of Subsection E of 20.2.79.7 NMAC, as applicable), for each existing emissions unit, equals or exceeds the 

significant amount for that pollutant (as defined in Subsection AM of 20.2.79.7 NMAC). 

 (4) Actual-to-potential test for projects that involve construction of a new emissions unit(s). A 

significant emissions increase of a regulated new source review pollutant is projected to occur if the sum of the 

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

baseline actual emissions (as defined in Paragraph (3) of Subsection E of 20.2.79.7 NMAC) of these units before the 

project equals or exceeds the significant amount for that pollutant (as defined in Subsection AM of 20.2.79.7 

NMAC). 

 (5) Hybrid test for projects that involve multiple types of emissions units. A significant emissions 

increase of a regulated NSR pollutant is projected to occur if the sum of the emissions increases for each emissions 

unit, using the method specified in Paragraphs (3) and (4) of this subsection as applicable with respect to each 

emissions unit, for each type of emissions unit equals or exceeds the significant amount for that pollutant. For 

example, if a project involves both an existing emissions unit and a new emissions unit, the projected increase is 

determined by summing the values determined using the method specified in Paragraph (3) of this subsection for the 

existing unit and determined using the method specified in Paragraph (4) of this subsection for the new unit. 

 (6) For any major stationary source for a PAL for a regulated new source review pollutant, the major 

stationary source shall comply with requirements under 20.2.79.120 NMAC. 

F. The following specific provisions apply to projects at existing emissions units at a major 

stationary source (other than projects at a source with a PAL) in circumstances where the owner or operator elects to 

use the method specified in Paragraphs (1) through (3) of Subsection AI of 20.2.79.7 NMAC for calculating 

projected actual emissions. 

 (1) Before beginning actual construction of the project, the owner or operator shall document and 

maintain a record of the following information: 

 (a) a description of the project; 

 (b) identification of the emissions unit(s) whose emissions of a regulated new source review 

pollutant could be affected by the project; and 

 (c) a description of the applicability test used to determine that the project is not a major 

modification for any regulated new source review pollutant, including the baseline actual emissions, the projected 

actual emissions, the amount of emissions excluded under Paragraph (3) of Subsection AI of 20.2.79.7 NMAC and 

an explanation for why such amount was excluded, and any netting calculations, if applicable. 

 (2) If the emissions unit is an existing electric utility steam generating unit, before beginning actual 

construction, the owner or operator shall provide a copy of the information set out in Paragraph (1) of this 

subsection to the department. Nothing in this paragraph shall be construed to require the owner or operator of such a 

unit to obtain any determination from the department; however, necessary preconstruction approvals and/or permits 

must be obtained before beginning actual construction. 

 (3) The owner or operator shall monitor the emissions of any regulated new source review pollutant 

that could increase as a result of the project and that is emitted by any emissions units identified in Subparagraph (b) 

of Paragraph (1) of this subsection; and calculate and maintain a record of the annual emissions, in tons per year on 

a calendar year basis, for a period of 5 years following resumption of regular operations after the change, or for a 

period of 10 years following resumption of regular operations after the change if the project increases the design 

capacity or potential to emit of that regulated new source review pollutant at such emissions unit. 

 (4) If the unit is an existing electric utility steam generating unit, the owner or operator shall submit a 

report to the department within 60 days after the end of each year during which records must be generated under 

Paragraph (3) of this subsection setting out the unit's annual emissions during the year that preceded submission of 

the report. 

 (5) If the unit is an existing unit other than an electric utility steam generating unit, the owner or 

operator shall submit a report to the department if the annual emissions, in tons per year, from the project identified 

in Paragraph (1) of this subsection, exceed the baseline actual emissions (as documented and maintained pursuant to 

Subparagraph (c) of Paragraph (1) of this subsection, by a significant amount (as defined in Subsection AM of 

20.2.79.7 NMAC) for that regulated new source review pollutant, and if such emissions differ from the 

preconstruction projection as documented and maintained pursuant to Subparagraph (c) of Paragraph (1) of this 

subsection. Such report shall be submitted to the department within 60 days after the end of such year. The report 

shall contain the following: 
20.2.79 NMAC 11

 (a) the name, address and telephone number of the major stationary source; 

 (b) the annual emissions as calculated pursuant to Paragraph (3) of this subsection; and 

 (c) any other information that the owner or operator wishes to include in the report (e.g., an 

explanation as to why the emissions differ from the preconstruction projection). 

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

maintained pursuant to Subsection F of this section (20.2.79.109 NMAC) available for review upon a request for 

inspection by the department or the general public pursuant to the requirements contained in 40 CFR 

70.4(b)(3)(viii). 

H. The requirements of this section (20.2.79.109 NMAC) applicable to major stationary sources and 

major modifications of volatile organic compounds shall apply to nitrogen oxides emissions from major stationary 

sources and major modifications of nitrogen oxides in an ozone transport region or in any ozone nonattainment area, 

except in ozone nonattainment areas or in portions of an ozone transport region where the U.S. environmental 

protection agency administrator has granted a NOX waiver applying the standards set forth under section 182(f) of 

the federal Clean Air Act and the waiver continues to apply. 

I. In meeting the emissions offset requirements of 20.2.79.115 NMAC for ozone nonattainment 

areas that are subject to subpart 2, part D, title I of the clean air act, the ratio of total actual emissions reductions of 

VOC to the emissions increase of VOC shall be as follows: 

 (1) in any marginal nonattainment area for ozone, at least 1.1:1; 

 (2) in any moderate nonattainment area for ozone, at least 1.15:1; 

 (3) in any serious nonattainment area for ozone, at least 1.2:1; 

 (4) in any severe nonattainment area for ozone, at least 1.3:1 (except that the ratio may be at least 

1.2:1 if the approved state implementation plan also requires all existing major sources in such nonattainment area to 

use BACT for the control of VOC); and 

 (5) in any extreme nonattainment area for ozone, at least 1.5:1 (except that the ratio may be at least 

1.2:1 if the approved state implementation plan also requires all existing major sources in such nonattainment area to 

use BACT for the control of VOC. 

 J. Notwithstanding the requirements of Paragraph (1) of Subsection I of 20.2.79.109 NMAC for 

meeting the requirements of 20.2.79.115 NMAC, the ratio of total actual emissions reductions of VOC to the 

emissions increase of VOC shall be at least 1.15:1 for all areas within an ozone transport region that is subject to 

subpart 2, part D title I of the federal Clean Air Act, except for serious, severe, and extreme ozone nonattainment 

areas that are subject to subpart 2, part D, title I of the federal Clean Air Act. 

 K. Meeting the emissions offset requirements of 20.2.79.115 NMAC for ozone nonattainment areas 

that are subject to subpart 1, part D, title I of the clean air act, including 8-hour ozone nonattainment areas subject to 

40 CFR 51.902(b), the ratio of total actual emissions increase of VOC shall be at least 1:1. 

L. The requirements of 20.2.79.109 NMAC applicable to major stationary sources and major 

modifications of PM10 shall also apply to major stationary sources and major modifications of PM10 precursors 

except where the US. environmental protection agency administrator determines that such sources do not contribute 

significantly to PM10 levels that exceed the PM10 ambient standards in the area. 

[11/30/95; 20.2.79.109 NMAC - Rn, 20 NMAC 2.79.109, 10/31/02; A, 1/22/06; A, 08/31/09] 

20.2.79.110 SOURCE OBLIGATION:

A. The requirements of this Part shall apply as though construction had not yet commenced at the 

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

enforceable limitation established after August 7, 1980. 

B. The issuance of a permit by the Department shall not relieve any owner or operator of the 

responsibility to comply with the provisions of the Air Quality Control Act, sections 74-2-1 to 74-2-17, NMSA 

1978, any applicable regulations of the Board, and any other requirements under local, state, or federal law. 

C. Any owner or operator who commences construction or operates a major stationary source or 

major modification without, or not in accordance with, a permit issued under the requirements of this Part shall be 

subject to enforcement action. 

D. Approval to construct shall become invalid if construction is not commenced within 18 months 

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

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

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

period upon a satisfactory showing that an extension is justified. 
20.2.79 NMAC 12

E. For phased construction projects, the determination of the lowest achievable emission rate shall be 

reviewed and modified as appropriate at the latest reasonable time but no later than 18 months prior to 

commencement of construction of each independent phase of the project. At such time, the owner or operator of the 

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

achievable emission rate. 

F. If the owner or operator previously issued a permit under this Part applies for an extension as 

provided for under subsection D of 20.2.79.110 NMAC, and the new proposed date of construction is greater than 

18 months from the date the permit would become invalid, the determination of lowest achievable emission rate 

shall be reviewed and modified as appropriate before such an extension is granted. At such time, the owner or 

operator may be required to demonstrate the adequacy of any previous determination of lowest achievable emission 

rate. 

[11/30/95; 20.2.79.110 NMAC - Rn, 20 NMAC 2.79.110, 10/31/02] 

20.2.79.111 APPLICATION CONTENTS: The owner or operator of a proposed major stationary source or 

major modification shall submit all information necessary to perform any analysis or make any determination 

required under this Part. The items of this section are required before the Department may deem an application 

administratively complete. All applications shall include: 

A. All information required by subsection A of 20.2.72.203 NMAC; and 

B. A detailed schedule for construction of the major stationary source or major modification; and 

C. A detailed description of the planned system of continuous emission reduction to be implemented, 

 emission estimates, and other information necessary to demonstrate that the lowest achievable emission rate or any 

 other applicable emission limitation will be maintained 

[11/30/95; A, 01/01/00; 20.2.79.111 NMAC - Rn, 20 NMAC 2.79.111, 10/31/02] 

20.2.79.112 SOURCE REQUIREMENTS: In order for a permit to be granted, all of the following 

conditions shall be met: 

A. The major stationary source or major modification shall be designed such that the lowest 

achievable emission rate (LAER) will be met and maintained for each pollutant emitted which is subject to this Part; 

B. The owner or operator of the proposed new or modified source has demonstrated that all existing 

major stationary sources owned or operated by such person (or any entity controlling, controlled by, or under 

common control with such person) in this state are in compliance with, or on a schedule for compliance, with all 

applicable emission limitations and standards, under the Federal Act, and all conditions in a federally enforceable 

permit; 

C. Emission Reductions: 

 (1) Emission reductions (offsets) at existing sources shall occur prior to or concurrent with the start of 

operation of the proposed major stationary source or major modification for each pollutant emitted which is subject 

to this Part. As a general rule, such offsets shall be at least twenty percent (20%) greater than the allowable 

emissions of the proposed new major stationary source or major modification, and shall assure that the total tonnage 

of increased emissions of the air pollutant from the new or modified source shall be offset by an equal or greater 

reduction in the actual emissions of such air pollutant from the same or other sources in the area. An offset less than 

twenty percent (20%) but at least ten percent (10%, or 1:1.1 ratio), may be allowed if reasonable progress toward the 

attainment of the applicable NAAQS will be achieved. A higher level of offset reduction may be required in order 

to demonstrate that a net air quality benefit will occur; or 

 (2) A new major stationary source or major modification which is subject to the requirements of 

subsection D of 20.2.79.109 NMAC shall obtain sufficient emission reductions to, at a minimum, compensate for its 

adverse ambient impact where the major stationary source or major modification would otherwise cause or 

contribute to a violation of any national ambient air quality standard. 

D. Emission offsets shall provide a net air quality benefit in the area where the national ambient air 

quality standard for that pollutant is violated; and 

E. The owner or operator of the proposed major stationary source or major modification has 

conducted an analysis of alternative sites, sizes, production processes, and environmental control techniques for such 

proposed source which demonstrates that benefits of the proposed source significantly outweigh the environmental 

and social costs imposed as a result of its location, construction, or modification. 

F. The proposed major stationary source or major modification will meet all applicable emission 

requirements in the New Mexico State Implementation Plan, any applicable new source performance standard in 40 

CFR Part 60, and any national emission standard for hazardous air pollutants in 40 CFR Part 61. 
20.2.79 NMAC 13

[11/30/95; A, 10/01/97; 20.2.79.112 NMAC - Rn, 20 NMAC 2.79.112, 10/31/02] 

20.2.79.113 ADDITIONAL REQUIREMENTS FOR SOURCES IMPACTING MANDATORY 

FEDERAL CLASS I AREAS:

A. The requirements of this section apply only to proposed major stationary sources or major 

modifications that meet the criteria of paragraph (1) of subsection A of 20.2.79.109 NMAC and that also are major 

stationary sources or major modifications as defined in 20.2.74 NMAC. A major stationary source or major 

modification which meets the criteria of paragraph (2) of subsection A of 20.2.79.109 NMAC may be subject to 

requirements for Federal Class I Areas in 20.2.74 NMAC if that Part applies. 

B. The Department shall transmit to the Administrator and any affected Federal Land Manager a 

copy of each permit application and any information relevant to any proposed major stationary source or major 

modification which may have an impact on visibility in any mandatory Federal Class I area. Relevant information 

will include an analysis of the proposed source's anticipated impacts on visibility in the Federal Class I area. The 

application shall be transmitted within thirty (30) days of receipt by the Department and at least sixty (60) days prior 

to any public hearing on the application. Additionally, the Department shall notify any affected Federal Land 

Manager within thirty (30) days from the date the Department receives a request for a pre-application meeting from 

a proposed source subject to this Part. The Department shall consult with the affected Federal Land Manager prior 

to making a determination of completeness for any such permit application. The Department shall also provide the 

Federal Land Manager and the Administrator with a copy of the preliminary determination on the permit application 

and shall make available to them any materials used in making that determination. 

C. The owner or operator of any proposed major stationary source or major modification which may 

have an impact on visibility in a mandatory Federal Class I area shall include in the permit application an analysis of 

the anticipated impacts on visibility in such areas. 

D. The Department may require monitoring of visibility in any mandatory Federal Class I area where 

the Department determines an adverse impact on visibility may occur due to the operations of the proposed new 

source or modification. Such monitoring shall be conducted following procedures approved by the Department and 

subject to the following conditions: 

 (1) Visibility monitoring methods specified by the Department shall be reasonably available and not 

require any research and development; and 

 (2) Both preconstruction and post construction visibility monitoring may be required. In each case, 

the duration of such monitoring shall not exceed one year. 

E. The Department shall consider any analysis with respect to visibility impacts provided by the 

Federal Land Manager if it is received within thirty (30) days from the date a complete application is given to the 

Federal Land Manager. In any case where the Department disagrees with the Federal Land Manager's analysis, the 

Department shall either explain its decision to the Federal Land Manager or give notice as to where the explanation 

can be obtained. In the case where the Department disagrees with the Federal Land Manager's analysis, the 

Department will also explain its decision or give notice to the public by means of an advertisement in a newspaper 

of general circulation in the area in which the proposed source would be constructed as to where the decision can be 

obtained. 

F. In making its determination as to whether or not to issue a permit, the Department shall ensure that 

the source's emissions will be consistent with making reasonable progress toward the national visibility goal of 

preventing any future impairment of visibility in mandatory Federal Class I areas. The Department may take into 

account the costs of compliance, the time necessary for compliance, the energy and non-air quality environmental 

impacts of compliance, and the useful life of the source. 

[11/30/95; 20.2.79.113 NMAC - Rn, 20 NMAC 2.79.113, 10/31/02] 

20.2.79.114 EMISSION OFFSET BASELINE: The baseline for determining credit for emission offsets 

shall be the most stringent emissions limitation pursuant to a New Mexico air quality regulation or federally 

enforceable permit which is applicable and in effect at the time the application to construct is filed. If neither a state 

air quality regulation nor a federally enforceable permit contains an emissions limitation for the source, the baseline 

shall be the actual emissions of the source from which offset credit is obtained. Where a source is subject to an 

emission standard established in a New Source Performance Standard (NSPS) or a National Emission Standard for 

Hazardous Air Pollutants (NESHAPS) and a different State Implementation Plan or permit limitation, including any 

emission limitation used in demonstrating reasonable further progress, the more stringent emission standard shall be 

used as the baseline for determining credit for emission offsets. 

[11/30/95; 20.2.79.114 NMAC - Rn, 20 NMAC 2.79.114, 10/31/02] 
20.2.79 NMAC 14

20.2.79.115 EMISSION OFFSETS. All emission offsets approved by the department shall meet the 

following criteria. 

A. All emission reductions claimed as offset credit shall be from decreases of the same pollutant for 

which the offset is required. 

B. All emission reductions claimed as offset credit shall occur prior to or concurrent with the start of 

operation of the proposed source. In addition, past reductions must have occurred later than the date upon which the 

area became nonattainment in order to be creditable. 

C. For the case where emission reductions claimed as offset credit occur at the source subject to this 

part, such reductions shall be a condition required by a federally enforceable permit. For the case where emission 

reductions claimed as offset credit occur at a neighboring source, such reductions shall be incorporated as 

modifications to pertinent federally enforceable permits held by the neighboring source. If the neighboring source 

has no relevant permits, the reductions shall be approved as a revision to the state implementation plan by the board. 

D. Offset credit for any emissions reduction can be claimed only to the extent that the department or 

U.S. EPA has not relied on it in previously issuing any permit or in demonstrating attainment or reasonable further 

progress. 

E. No emissions reduction credit shall be allowed for replacing one volatile organic compound with 

another of lesser reactivity, except as approved by the U.S. EPA reactivity guidance found at 42 Federal Register 

35314, (1977), and any amendments thereto. 

F. Emission reduction credit may be allowed for a source permanently curtailing production or 

operating hours below baseline levels provided that the work force to be affected has been notified of the 

curtailment. 

 (1) Emissions reductions achieved by shutting down an existing emission unit or curtailing 

production or operating hours below baseline levels may be generally credited for offsets if such reductions are 

permanent, quantifiable, and federally enforceable. In addition, the shutdown or curtailment is creditable only if it 

occurred after the date of the most recent emissions inventory used in the state implementation plan's demonstration 

of attainment. However, in no event may credit be given for shutdowns which occurred prior to August 7, 1977. For 

purposes of this paragraph, a permitting authority may choose to consider a prior shutdown or curtailment to have 

occurred after the date of the base year inventory, if the projected inventory used to develop the attainment 

demonstration explicitly includes the emissions from such previously shutdown or curtailed emission units. 

 (2) Such reductions may be credited in the absence of an approved attainment demonstration only if 

the shutdown or curtailment occurred on or after the date the new source permit application is filed, or, if the 

applicant can establish that the proposed new emission unit is a replacement for the shutdown or curtailed emission 

unit, and the provisions of Paragraph (1) of Subsection F of 20.2.79.7 NMAC are observed. 

G. Where the most stringent emissions limit which is applicable allows greater emissions than the 

potential to emit of the offsetting source, emission offset credit will be allowed only for control below the potential 

to emit of the source. 

H. The emission limit for determining emission offset credit involving an existing fuel combustion 

source shall be the most stringent emission standard which is applicable for this source for the type of fuel being 

burned at the time the permit application is filed. If the existing source commits to switch to a cleaner fuel, emission 

offset credit based on the difference between the allowable emissions of the fuels involved shall be acceptable only 

if an alternative control measure, which would achieve the same degree of emission reduction should the source 

switch back to a fuel which produces more pollution, is specified in a permit issued by the department. 

I. The owner or operator desiring to utilize an emission reduction as an offset shall submit to the 

department the following information: 

 (1) a detailed description of the process to be controlled and the control technology to be used; and 

 (2) emission calculations showing the types and amounts of actual emissions to be reduced; and 

 (3) the effective date of the reduction. 

J. Source shutdowns and curtailments in production or operating hours may be used for emission 

offset credit only if they occur after August 7, 1977, or less than one year prior to the date of permit application, 

whichever is earlier, and the proposed new source for which the offset is to apply is a replacement for the shutdown 

or curtailment. 

K. The total tonnage of increased emissions, in tons per year, resulting from a major modification that 

must be offset in accordance with Section 173 of the federal Clean Air Act shall be determined by summing the 

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

for each emissions unit. 
20.2.79 NMAC 15

[11/30/95; 20.2.79.115 NMAC - Rn, 20 NMAC 2.79.115, 10/31/02; A, 1/22/06; A, 08/31/09] 

20.2.79.116 BANKING OF EMISSION REDUCTION:

A. Any stationary source which decreases actual emissions of a regulated pollutant in excess of the 

requirements of this Part or any other applicable air quality regulation or permit emission limitation may preserve or 

bank such excess emission reductions for sale or future use. 

B. The owner or operator desiring to preserve such reductions shall submit a written request prior to 

the actual emission reduction to the Department which contains the following information: 

 (1) A detailed description of the process(es) to be controlled and the control technology to be used; 

and 

 (2) Emission calculations showing the types and amounts of actual emissions to be reduced; and 

 (3) The effective date(s) of such reductions. 

C. The Department shall: 

 (1) Verify the amount of emission reduction claimed in the written request; and 

 (2) Approve or deny the request for banking of the emission reduction and notify the applicant in 

writing of the decision; and 

 (3) Keep appropriate records of any emission reduction accepted for banking; and 

 (4) For the case where emission reductions are approved in excess of those required for obtaining a 

permit under this Part, the Department shall make such reductions a condition of the permit; and 

 (5) For the case where emission reductions are approved not in conjunction with granting a permit, 

the Department shall preserve such reductions as a State Implementation Plan revision which must be approved by 

the Environmental Improvement Board. 

D. Use and Sale of Emission Reductions. 

 (1) The use of any preserved emission reduction is confined to meeting the emission offset 

requirements of this Part or 20.2.72 NMAC. 

 (2) The provisions of this Part apply to the future use of any preserved emission reduction as if such 

reductions were obtained concurrently with the commencement of operations of the new or modified source. 

 (3) Before the use or sale of any preserved emission reduction occurs, written notification must be 

given to the Department. Such notice shall be in writing and shall identify the permit(s) and State Implementation 

Plan revision(s) in which such reductions are preserved. The Department must verify the availability of the 

preserved reduction before any use or sale occurs. 

 (4) The use of preserved emission reduction credits is subject to the criteria of 20.2.79.115 NMAC - 

Emission Offsets. 

[11/30/95; 20.2.79.116 NMAC - Rn, 20 NMAC 2.79.116, 10/31/02] 

20.2.79.117 AIR QUALITY BENEFIT: All demonstrations of the occurrence of a net air quality benefit 

shall meet the following criteria: 

A. Emission offsets for volatile organic compounds or nitrogen oxides emissions impacting an ozone 

nonattainment area may be obtained from sources located in the broad vicinity of the proposed new source or 

modification, subject to approval by the Department. Atmospheric dispersion modeling will not be required to 

demonstrate the net air quality benefit that occurs due to reductions in volatile organic compound emissions. 

B. An applicant which proposes emission offsets for sulfur dioxide, particulate matter, carbon 

monoxide, nitrogen oxides, or any other pollutant may be required by the Department to submit atmospheric 

dispersion modeling to demonstrate a net air quality benefit will occur. For any case involving these pollutants 

where stack emissions and fugitive or ground level emissions are offsetting, atmospheric dispersion modeling shall 

be required to demonstrate a net air quality benefit will occur. 

[11/30/95; 20.2.79.117 NMAC - Rn, 20 NMAC 2.79.117, 10/31/02] 

20.2.79.118 PUBLIC PARTICIPATION AND NOTIFICATION:

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

significant permit revision subject to this Part, 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. 
20.2.79 NMAC 16

Upon receipt of the additional information or clarification, the Department shall promptly review such information 

and determine whether the application is administratively complete. 

 (3) administratively complete but no permit is required, a letter shall be sent by certified mail to the 

applicant informing the applicant of the determination. 

B. The Department shall: 

 (1) Make a preliminary determination whether construction should be approved, approved with 

conditions, or disapproved. 

 (2) Make available at the Department, district and local office nearest to the proposed source a copy 

of all materials the applicant submitted, a copy of the preliminary determination, and a copy or summary of other 

materials, if any, considered in making the preliminary determination. 

 (3) Notify the public by advertisement in a newspaper of general circulation in the area in which the 

proposed major stationary source or major modification would be constructed, of the application, the preliminary 

determination, and of the opportunity for comment at a public hearing as well as written public comment. The 

public comment period shall be for forty-five days from the date of such advertisement. 

 (4) Send a copy of the notice of public comment to the applicant, the Administrator, and to officials 

and agencies having jurisdiction over the location where the proposed construction would occur as follows: any 

other state or local air pollution control agencies, the chief executives of the city and county where the source would 

be located, any regional comprehensive land use planning agency, and any state, federal land manager, or Indian 

governing body whose lands may be affected by emissions from the source or modification. 

 (5) Provide opportunity for a public hearing for interested persons to appear and submit written or 

oral comments on the air quality impact of the source and other appropriate considerations. Public hearings shall be 

held in the geographic area likely to be impacted by the source. 

 (6) Consider all written comments submitted within a time specified in the notice of public comment 

and all comments received at any public hearing(s) in making a final decision on the approvability of the 

application. The Department shall make all comments available for public inspection in the same locations where 

the Department made available preconstruction information relating to the source. 

 (7) Within ninety (90) days after the application is deemed administratively complete, unless the 

Secretary grants an extension, as specified in 20.2.72.207 NMAC, not to exceed ninety (90) days for good cause: 

 (a) make a final determination whether construction should be approved, approved with 

conditions, or disapproved, or whether no permit is required; and 

 (b) notify the applicant in writing of the final determination and make such notification 

available for public inspection at the same location where the Department made available preconstruction 

information and public comments relating to the source. 

[11/30/95; A, 01/01/00; 20.2.79.118 NMAC - Rn, 20 NMAC 2.79.118, 10/31/02] 

20.2.79.119 TABLES:

A. Significant Ambient Concentrations: 

Pollutant 

[Concentration in micrograms per cubic meter (μg/m3

) or 

milligrams per cubic meter (mg/m3

)] 

Averaging Time 

 Annual 24-hr 8-hr 3-hr 1-hr 

Sulfur Dioxide 1.0 μg/m3 5 μg/m3 -- 25 μg/m3 -- 

PM10 1.0 μg/m3 5 μg/m3 -- -- -- 

Nitrogen Dioxide 1.0 μg/m3

 -- -- -- -- 

Carbon Monoxide -- -- 0.5 mg/m3

 -- 2 mg/m3

B. Fugitive Emissions Source Categories: 

 (1) Carbon black plants (furnace process); 

 (2) Charcoal production plants; 

 (3) Chemical process plants; 

 (4) Coal cleaning plants (with thermal dryers); 

 (5) Coke oven batteries; 

 (6) Fossil fuel-fired steam electric plants of more than 250 million Btu/hr heat input; 

 (7) Fossil fuel boiler (or combination thereof) totaling more than 50 million Btu/hr heat input; 

 (8) Fuel conversion plants; 
20.2.79 NMAC 17

 (9) Glass fiber processing plants; 

 (10) Hydrofluoric acid plants; 

 (11) Iron and steel mill plants; 

 (12) Kraft pulp mills; 

 (13) Lime plants; 

 (14) Municipal incinerators capable of charging more than 250 tons of refuse per day; 

 (15) Nitric acid plants; 

 (16) Petroleum refineries; 

 (17) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; 

 (18) Phosphate rock processing plants; 

 (19) Portland cement plant; 

 (20) Primary lead smelters; 

 (21) Primary zinc smelters; 

 (22) Primary aluminum ore reduction plants; 

 (23) Primary copper smelters; 

 (24) Secondary metal production plants; 

 (25) Sintering plants; 

 (26) Sulfur recovery plants; 

 (27) Sulfuric acid plants; 

 (28) Taconite ore processing plants. 

[11/30/95; 20.2.79.119 NMAC - Rn, 20 NMAC 2.79.119, 10/31/02] 

20.2.79.120 ACTUALS PLANTWIDE APPLICABILITY LIMITS (PALs). 

A. Applicability.

 (1) The department may approve the use of an actuals PAL for any existing major stationary source 

(except as provided in Paragraph (2) of this subsection) if the PAL meets the requirements of this section. The term 

"PAL" shall mean "actuals PAL" throughout this section. 

 (2) Actuals PALs shall not be allowed for VOC or NOx for any major stationary source located in an 

extreme ozone nonattainment area. 

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

maintains its total source-wide emissions below the PAL level, meets the requirements of this section, and complies 

with the PAL permit: 

 (a) is not a major modification for the PAL pollutant; 

 (b) does not have to be approved through the requirements of this part; and 

 (c) is not subject to the provisions in 20.2.79.110 NMAC (restrictions on relaxing enforceable 

emission limitations that the major stationary source used to avoid applicability of the nonattainment major new 

source review program). 

 (4) Except as provided under Subparagraph (c) of Paragraph (3) of this subsection, a major stationary 

source shall continue to comply with all applicable federal or state requirements, emission limitations, and work 

practice requirements that were established prior to the effective date of the PAL. 

B. Definitions. When a term is not defined in this subsection, it shall have the meaning given in 

20.2.79.7 NMAC or in 20.2.2 NMAC. 

 (1) Actuals PAL for a major stationary source means a PAL based on the baseline actual emissions of 

all emissions units at the source, that emit or have the potential to emit the PAL pollutant. 

 (2) Allowable emissions means "allowable emissions" as defined in 20.2.79.7 NMAC, except as this 

definition is modified according to the following. 

 (a) The allowable emissions for any emissions unit shall be calculated considering any 

emission limitations that are enforceable as a practical matter on the emissions unit's potential to emit. 

 (b) An emissions unit's potential to emit shall be determined using the definition in this part, 

except that the words "or enforceable as a practical matter" should be added after "federally enforceable". 

 (3) Small emissions unit means an emissions unit that emits or has the potential to emit the PAL 

pollutant in an amount less than the significant level for that PAL pollutant, as defined in Subsection AM of 

20.2.79.7 NMAC or in the federal Clean Air Act, whichever is lower. 

 (4) Major emissions unit means: 

 (a) any emissions unit that emits or has the potential to emit 100 tons per year or more of the 

PAL pollutant in an attainment area; or 
20.2.79 NMAC 18

 (b) any emissions unit that emits or has the potential to emit the PAL pollutant in an amount 

that is equal to or greater than the major source threshold for the PAL pollutant as defined by the federal Clean Air 

Act for nonattainment areas; for example, in accordance with the definition of major stationary source in Section 

182 (c) of the federal Clean Air Act, an emissions unit would be a major emissions unit for VOC if the emissions 

unit is located in a serious ozone nonattainment area and it emits or has the potential to emit 50 or more tons of VOC 

per year. 

 (5) Plantwide applicability limitation (PAL) means an emission limitation expressed in tons per year, 

for a pollutant at a major stationary source, that is enforceable as a practical matter and established source-wide in 

accordance with this section. 

 (6) PAL effective date generally means the date of issuance of the PAL permit. However, the PAL 

effective date for an increased PAL is the date any emissions unit which is part of the PAL major modification 

becomes operational and begins to emit the PAL pollutant. 

 (7) PAL effective period means the period beginning with the PAL effective date and ending 10 years 

later. 

 (8) PAL major modification means, notwithstanding the definitions for major modification and net 

emissions increase in 20.2.79.7 NMAC, any physical change in or change in the method of operation of the PAL 

source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL. 

 (9) PAL permit means the major new source review permit, the minor NSR permit, or the state 

operating permit under the requirements of 20.2.72 NMAC, 20.2.74 NMAC, 20.2.79 NMAC, or the title V permit 

under the requirements of 20.2.70 NMAC issued by the department that establishes a PAL for a major stationary 

source. 

 (10) PAL pollutant means the pollutant for which a PAL is established at a major stationary source. 

 (11) Significant emissions unit means an emissions unit that emits or has the potential to emit a PAL 

pollutant in an amount that is equal to or greater than the significant level (as defined in Subsection AM of 20.2.79.7 

NMAC or in the federal Clean Air Act, whichever is lower) for that PAL pollutant, but less than the amount that 

would qualify the unit as a major emissions unit as defined in Paragraph (4) of Subsection B of this section. 

C. Permit application requirements. As part of a permit application requesting a PAL, the owner or 

operator of a major stationary source shall submit the following information to the department for approval. 

 (1) A list of all emissions units at the source designated as small, significant or major based on their 

potential to emit. In addition, the owner or operator of the source shall indicate which, if any, federal or state 

applicable requirements, emission limitations or work practices apply to each unit. 

 (2) Calculations of the baseline actual emissions (with supporting documentation). Baseline actual 

emissions are to include emissions associated not only with operation of the unit, but also emissions associated with 

startup, shutdown and malfunction. 

 (3) The calculation procedures that the major stationary source owner or operator proposes to use to 

convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total for 

each month as required by Paragraph (1) of Subsection M of this section. 

D. General requirements for establishing PALs.

 (1) A PAL at a major stationary source may be allowed by the department, provided that at a 

minimum, the following requirements are met. 

 (a) The PAL shall impose an annual emission limitation in tons per year, that is enforceable as 

a practical matter, for the entire major stationary source. For each month during the PAL effective period after the 

first 12 months of establishing a PAL, the major stationary source owner or operator shall show that the sum of the 

monthly emissions from each emissions unit under the PAL for the previous 12 consecutive months is less than the 

PAL (a 12-month average, rolled monthly). For each month during the first 11 months from the PAL effective date, 

the major stationary source owner or operator shall show that the sum of the preceding monthly emissions from the 

PAL effective date for each emissions unit under the PAL is less than the PAL. 

 (b) The PAL shall be established in a PAL permit that meets the public participation 

requirements in Subsection E of this section. 

 (c) The PAL permit shall contain all the requirements of Subsection G of this section. 

 (d) The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions 

units that emit or have the potential to emit the PAL pollutant at the major stationary source. 

 (e) Each PAL shall regulate emissions of only one pollutant. 

 (f) Each PAL shall have a PAL effective period of 10 years. 
20.2.79 NMAC 19

 (g) The owner or operator of the major stationary source with a PAL shall comply with the 

monitoring, recordkeeping, and reporting requirements provided in Subsections L through N of this section for each 

emissions unit under the PAL through the PAL effective period. 

 (2) At no time (during or after the PAL effective period) are emissions reductions of a PAL pollutant, 

which occur during the PAL effective period, creditable as decreases for purposes of offsets under 20.2.79.115 

NMAC unless the level of the PAL is reduced by the amount of such emissions reductions and such reductions 

would be creditable in the absence of the PAL. 

E. Public participation requirement for PALs. PALs for existing major stationary sources shall be 

established, renewed, or increased through a procedure that is consistent with 40 CFR 51.160 and 161. This includes 

the requirement that the department provide the public with notice of the proposed approval of a PAL permit and at 

least a 30-day period for submittal of public comment. The department shall address all material comments before 

taking final action on the permit. 

F. Setting the 10-year actuals PAL level.

 (1) Except as provided in Paragraph (2) of this subsection, the actuals PAL level for a major 

stationary source shall be established as the sum of the baseline actual emissions (as defined in 20.2.79.7 NMAC) of 

the PAL pollutant for each emissions unit at the source; plus an amount equal to the applicable significant level for 

the PAL pollutant under 20.2.79.7 NMAC or under the act, whichever is lower. When establishing the actuals PAL 

level, for a PAL pollutant, only one consecutive 24-month period must be used to determine the baseline actual 

emissions for all existing emissions units. However, a different consecutive 24-month period may be used for each 

different PAL pollutant. Emissions associated with units that were permanently shutdown after this 24-month period 

must be subtracted from the PAL level. The department shall specify a reduced PAL level(s) (in tons/yr) in the PAL 

permit to become effective on the future compliance date(s) of any applicable federal or state regulatory 

requirement(s) that the department is aware of prior to issuance of the PAL permit. For instance, if the source owner 

or operator will be required to reduce emissions from industrial boilers in half from baseline emissions of 60 ppm 

NOX to a new rule limit of 30 ppm, then the permit shall contain a future effective PAL level that is equal to the 

current PAL level reduced by half of the original baseline emissions of such unit(s). 

 (2) For newly constructed units (which do not include modifications to existing units) on which 

actual construction began after the 24-month period, in lieu of adding the baseline actual emissions as specified in 

Paragraph (1) of this subsection, the emissions must be added to the PAL level in an amount equal to the potential to 

emit of the units. 

G. Contents of the PAL permit. The PAL permit shall contain, at a minimum, all of the following 

information. 

 (1) The PAL pollutant and the applicable source-wide emission limitation in tons per year. 

 (2) The PAL permit effective date and the expiration date of the PAL (PAL effective period). 

 (3) Specification in the PAL permit that if a major stationary source owner or operator applies to 

renew a PAL in accordance with Subsection J of this section before the end of the PAL effective period, then the 

PAL shall not expire at the end of the PAL effective period. It shall remain in effect until a revised PAL permit is 

issued by the department. 

 (4) A requirement that emission calculations for compliance purposes include emissions from 

startups, shutdowns and malfunctions. 

 (5) A requirement that, once the PAL expires, the major stationary source is subject to the 

requirements of Subsection I of this section. 

 (6) The calculation procedures that the major stationary source owner or operator shall use to convert 

the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total for each 

month as required by Paragraph (1) of Subsection M of this section. 

 (7) A requirement that the major stationary source owner or operator monitor all emissions units in 

accordance with the provisions under Subsection L of this section. 

 (8) A requirement to retain the records required under Subsection M of this section on site. Such 

records may be retained in an electronic format. 

 (9) A requirement to submit the reports required under Subsection N of this section by the required 

deadlines. 

 (10) Any other requirements that the department deems necessary to implement and enforce the PAL. 

H. PAL effective period and reopening of the PAL permit.

 (1) PAL effective period. The permit shall specify a PAL effective period of 10 years. 

 (2) Reopening of the PAL permit. 

 (a) During the PAL effective period, the department shall reopen the PAL permit to: 
20.2.79 NMAC 20

 (i) correct typographical/calculation errors made in setting the PAL or reflect a more 

accurate determination of emissions used to establish the PAL; 

 (ii) reduce the PAL if the owner or operator of the major stationary source creates 

creditable emissions reductions for use as offsets under 20.2.79.115 NMAC; or 

 (iii) revise the PAL to reflect an increase in the PAL as provided under Subsection K of 

this section. 

 (b) The department may reopen the PAL permit for the following: 

 (i) to reduce the PAL to reflect newly applicable federal requirements (for example, 

NSPS) with compliance dates after the PAL effective date; 

 (ii) to reduce the PAL consistent with any other requirement, that is enforceable as a 

practical matter, and that the department may impose on the major stationary source under this part; or 

 (iii) to reduce the PAL if the department determines that a reduction is necessary to avoid 

causing or contributing to a NAAQS or PSD increment violation, or to an adverse impact on an air quality related 

value that has been identified for a federal class I area by a federal land manager and for which information is 

available to the general public. 

 (c) Except for the permit reopening in Item (i) of Subparagraph (a) of this paragraph for the 

correction of typographical/calculation errors that do not increase the PAL level, all other reopenings shall be carried 

out in accordance with the public participation requirements of Subsection E of this section. 

I. Expiration of a PAL. Any PAL which is not renewed in accordance with the procedures in 

Subsection J of this section shall expire at the end of the PAL effective period, and the following requirements shall 

apply. 

 (1) Each emissions unit (or each group of emissions units) that existed under the PAL shall comply 

with an allowable emission limitation under a revised permit established according to the following procedures. 

 (a) Within the time frame specified for PAL renewals in Paragraph (2) of Subsection J of this 

section, the major stationary source shall submit a proposed allowable emission limitation for each emissions unit 

(or each group of emissions units, if such a distribution is more appropriate as decided by the department) by 

distributing the PAL allowable emissions for the major stationary source among each of the emissions units that 

existed under the PAL. If the PAL had not yet been adjusted for an applicable requirement that became effective 

during the PAL effective period, as required under Paragraph (5) of Subsection J of this section, such distribution 

shall be made as if the PAL had been adjusted. 

 (b) The department shall decide whether and how the PAL allowable emissions will be 

distributed and issue a revised permit incorporating allowable limits for each emissions unit, or each group of 

emissions units, as the department determines is appropriate. 

 (2) Each emissions unit(s) shall comply with the allowable emission limitation on a 12-month rolling 

basis. The department may approve the use of monitoring systems (source testing, emission factors, etc.) other than 

CEMS, CERMS, PEMS or CPMS to demonstrate compliance with the allowable emission limitation. 

 (3) Until the department issues the revised permit incorporating allowable limits for each emissions 

unit, or each group of emissions units, as required under Subparagraph (a) of Paragraph (1) of this subsection, the 

source shall continue to comply with a source-wide, multi-unit emissions cap equivalent to the level of the PAL 

emission limitation. 

 (4) Any physical change or change in the method of operation at the major stationary source will be 

subject to the nonattainment major new source review requirements if such change meets the definition of major 

modification in 20.2.79.7 NMAC. 

 (5) The major stationary source owner or operator shall continue to comply with any New Mexico or 

federal applicable requirements (BACT, RACT, NSPS, etc.) that may have applied either during the PAL effective 

period or prior to the PAL effective period except for those emission limitations that had been established pursuant 

to 20.2.79.109 NMAC, but were eliminated by the PAL in accordance with the provisions in Subparagraph (c) of 

Paragraph (3) of Subsection A of this section. 

J. Renewal of a PAL.

 (1) The department shall follow the procedures specified in Subsection E of this section in approving 

any request to renew a PAL for a major stationary source, and shall provide both the proposed PAL level and a 

written rationale for the proposed PAL level to the public for review and comment. During such public review, any 

person may propose a PAL level for the source for consideration by the department. 

 (2) Application deadline. A major stationary source owner or operator shall submit a timely 

application to the department to request renewal of a PAL. A timely application is one that is submitted at least 6 

months prior to, but not earlier than 18 months from, the date of permit expiration. This deadline for application 
20.2.79 NMAC 21

submittal is to ensure that the permit will not expire before the permit is renewed. If the owner or operator of a major 

stationary source submits a complete application to renew the PAL within this time period, then the PAL shall 

continue to be effective until the revised permit with the renewed PAL is issued. 

 (3) Application requirements. The application to renew a PAL permit shall contain the following 

information. 

 (a) The information required in Paragraphs (1) through (3) of Subsection C of this section. 

 (b) A proposed PAL level. 

 (c) The sum of the potential to emit of all emissions units under the PAL (with supporting 

documentation). 

 (d) Any other information the owner or operator wishes the department to consider in 

determining the appropriate level for renewing the PAL. 

 (4) PAL adjustment. In determining whether and how to adjust the PAL, the department shall 

consider the options outlined in Subparagraph (a) of this paragraph. However, in no case may any such adjustment 

fail to comply with Subparagraph (b) of this paragraph. 

 (a) If the emissions level calculated in accordance with Subsection F of this section is equal to 

or greater than 80 percent of the PAL level, the department may: 

 (i) renew the PAL at the same level without considering the factors set forth in Item (ii) 

of this subparagraph; or 

 (ii) set the PAL at a level that it determines to be more representative of the source's 

baseline actual emissions, or that it determines to be appropriate considering air quality needs, advances in control 

technology, anticipated economic growth in the area, desire to reward or encourage the source's voluntary emissions 

reductions, or other factors as specifically identified by the department in its written rationale. 

 (b) Notwithstanding Subparagraph (a) of this paragraph: 

 (i) if the potential to emit of the major stationary source is less than the PAL, the 

department shall adjust the PAL to a level no greater than the potential to emit of the source; and 

 (ii) the department shall not approve a renewed PAL level higher than the current PAL, 

unless the major stationary source has complied with the provisions of Subsection K of this section (increasing a 

PAL). 

 (5) If the compliance date for a New Mexico or federal requirement that applies to the PAL source 

occurs during the PAL effective period, and if the department has not already adjusted for such requirement, the 

PAL shall be adjusted at the time of PAL permit renewal or title V permit renewal, whichever occurs first. 

K. Increasing a PAL during the PAL effective period.

 (1) The department may increase a PAL emission limitation only if the major stationary source 

complies with the following provisions. 

 (a) The owner or operator of the major stationary source shall submit a complete application to 

request an increase in the PAL limit for a PAL major modification. Such application shall identify the emissions 

unit(s) contributing to the increase in emissions so as to cause the major stationary source's emissions to equal or 

exceed its PAL. 

 (b) As part of this application, the major stationary source owner or operator shall demonstrate 

that the sum of the baseline actual emissions of the small emissions units, plus the sum of the baseline actual 

emissions of the significant and major emissions units assuming application of BACT equivalent controls, plus the 

sum of the allowable emissions of the new or modified emissions unit(s) exceeds the PAL. The level of control that 

would result from BACT equivalent controls on each significant or major emissions unit shall be determined by 

conducting a new BACT analysis at the time the application is submitted, unless the emissions unit is currently 

required to comply with a BACT or LAER requirement that was established within the preceding 10 years. In such a 

case, the assumed control level for that emissions unit shall be equal to the level of BACT or LAER with which that 

emissions unit must currently comply. 

 (c) The owner or operator shall obtain a major new source review permit for all emissions 

unit(s) identified in Subparagraph (a) of Paragraph (1) of Subsection K of this section, regardless of the magnitude 

of the emissions increase resulting from them (that is, no significant levels apply). These emissions unit(s) shall 

comply with any emissions requirements resulting from the nonattainment major NSR program process (for 

example, LAER), even though they have also become subject to the PAL or continue to be subject to the PAL. 

 (d) The PAL permit shall require that the increased PAL level shall be effective on the day any 

emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant. 

 (2) The department shall calculate the new PAL as the sum of the allowable emissions for each 

modified or new emissions unit, plus the sum of the baseline actual emissions of the significant and major emissions 
20.2.79 NMAC 22

units (assuming application of BACT equivalent controls as determined in accordance with Subparagraph (b) of 

Paragraph (1) of Subsection K of this section), plus the sum of the baseline actual emissions of the small emissions 

units. 

 (3) The PAL permit shall be revised to reflect the increased PAL level pursuant to the public notice 

requirements of Subsection E of this section. 

L. Monitoring requirements for PALs.

 (1) General Requirements. 

 (a) Each PAL permit must contain enforceable requirements for the monitoring system that 

accurately determines plantwide emissions of the PAL pollutant in terms of mass per unit of time. Any monitoring 

system authorized for use in the PAL permit must be based on sound science and meet generally acceptable 

scientific procedures for data quality and manipulation. Additionally, the information generated by such system 

must meet minimum legal requirements for admissibility in a judicial proceeding to enforce the PAL permit. 

 (b) The PAL monitoring system must employ one or more of the four general monitoring 

approaches meeting the minimum requirements set forth in Subparagraphs (a) through (d) of Paragraph (2) of this 

subsection and must be approved by the department. 

 (c) Notwithstanding Subparagraph (b) of this paragraph, the owner or operator may also 

employ an alternative monitoring approach that meets Subparagraph (a) of this paragraph if approved by the 

department. 

 (d) Failure to use a monitoring system that meets the requirements of this section renders the 

PAL invalid. 

 (2) The following are acceptable general monitoring approaches when conducted in accordance with 

the minimum requirements in Paragraphs (3) through (9) of this subsection: 

 (a) mass balance calculations for activities using coatings or solvents; 

 (b) CEMS; 

 (c) CPMS or PEMS; and 

 (d) emission factors. 

 (3) Mass balance calculations. An owner or operator using mass balance calculations to monitor PAL 

pollutant emissions from activities using coating or solvents shall meet the following requirements: 

 (a) provide a demonstrated means of validating the published content of the PAL pollutant that 

is contained in or created by all materials used in or at the emissions unit; 

 (b) assume that the emissions unit emits all of the PAL pollutant that is contained in or created 

by any raw material or fuel used in or at the emissions unit, if it cannot otherwise be accounted for in the process; 

and 

 (c) where the vendor of a material or fuel, which is used in or at the emissions unit, publishes a 

range of pollutant content from such material, the owner or operator must use the highest value of the range to 

calculate the PAL pollutant emissions unless the department determines there is site-specific data or a site-specific 

monitoring program to support another content within the range. 

 (4) CEMS. An owner or operator using CEMS to monitor PAL pollutant emissions shall meet the 

following requirements: 

 (a) CEMS must comply with applicable performance specifications found in 40 CFR part 60, 

appendix B; and 

 (b) CEMS must sample, analyze and record data at least every 15 minutes while the emissions 

unit is operating. 

 (5) CPMS or PEMS. An owner or operator using CPMS or PEMS to monitor PAL pollutant 

emissions shall meet the following requirements: 

 (a) the CPMS or the PEMS must be based on current site-specific data demonstrating a 

correlation between the monitored parameter(s) and the PAL pollutant emissions across the range of operation of the 

emissions unit; and 

 (b) each CPMS or PEMS must sample, analyze, and record data at least every 15 minutes, or at 

another less frequent interval approved by the department, while the emissions unit is operating. 

 (6) Emission factors. An owner or operator using emission factors to monitor PAL pollutant 

emissions shall meet the following requirements: 

 (a) all emission factors shall be adjusted, if appropriate, to account for the degree of uncertainty 

or limitations in the factors' development; 

 (b) the emissions unit shall operate within the designated range of use for the emission factor, 

if applicable; and 
20.2.79 NMAC 23

 (c) if technically practicable, the owner or operator of a significant emissions unit that relies on 

an emission factor to calculate PAL pollutant emissions shall conduct validation testing to determine a site-specific 

emission factor within 6 months of PAL permit issuance, unless the department determines that testing is not 

required. 

 (7) A source owner or operator must record and report maximum potential emissions without 

considering enforceable emission limitations or operational restrictions for an emissions unit during any period of 

time that there is no monitoring data, unless another method for determining emissions during such periods is 

specified in the PAL permit. 

 (8) Notwithstanding the requirements in Paragraphs (3) through (7) of this subsection, where an 

owner or operator of an emissions unit cannot demonstrate a correlation between the monitored parameter(s) and the 

PAL pollutant emissions rate at all operating points of the emissions unit, the department shall, at the time of permit 

issuance: 

 (a) establish default value(s) for determining compliance with the PAL based on the highest 

potential emissions reasonably estimated at such operating point(s); or 

 (b) determine that operation of the emissions unit during operating conditions when there is no 

correlation between monitored parameter(s) and the PAL pollutant emissions is a violation of the PAL. 

 (9) Revalidation. All data used to establish the PAL pollutant must be revalidated through 

performance testing or other scientifically valid means approved by the department. Such testing must occur at least 

once every 5 years after issuance of the PAL. 

M. Recordkeeping requirements. 

 (1) The PAL permit shall require an owner or operator to retain a copy of all records necessary to 

determine compliance with any requirement of this section and of the PAL, including a determination of each 

emissions unit's 12-month rolling total emissions, for 5 years from the date of such record. 

 (2) The PAL permit shall require an owner or operator to retain a copy of the following records for 

the duration of the PAL effective period plus 5 years: 

 (a) a copy of the PAL permit application and any applications for revisions to the PAL; and 

 (b) each annual certification of compliance pursuant to title V and the data relied on in 

certifying the compliance. 

N. Reporting and notification requirements. The owner or operator shall submit semi-annual 

monitoring reports and prompt deviation reports to the department in accordance with the requirements of 20.2.70 

NMAC. The reports shall meet the following requirements. 

 (1) Semi-Annual Report. The semi-annual report shall be submitted to the department within 30 days 

of the end of each reporting period. This report shall contain the following information. 

 (a) The identification of owner and operator and the permit number. 

 (b) Total annual emissions (tons/year) based on a 12-month rolling total for each month in the 

reporting period recorded pursuant to Paragraph (1) of Subsection M of this section. 

 (c) All data relied upon, including, but not limited to, any quality assurance or quality control 

data, in calculating the monthly and annual PAL pollutant emissions. 

 (d) A list of any emissions units modified or added to the major stationary source during the 

preceding 6-month period. 

 (e) The number, duration, and cause of any deviations or monitoring malfunctions (other than 

the time associated with zero and span calibration checks), and any corrective action taken. 

 (f) A notification of a shutdown of any monitoring system, whether the shutdown was 

permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully 

operational or replaced with another monitoring system, and whether the emissions unit monitored by the 

monitoring system continued to operate, and the calculation of the emissions of the pollutant or the number 

determined by method included in the permit, as provided by Paragraph (7) of Subsection L of this section. 

 (g) A signed statement by the responsible official (as defined by the applicable title V operating 

permit program) certifying the truth, accuracy, and completeness of the information provided in the report. 

 (2) Deviation report. The major stationary source owner or operator shall promptly submit reports of 

any deviations or exceedance of the PAL requirements, including periods where no monitoring is available. A report 

submitted pursuant to 40 CFR 70.6(a)(3)(iii)(B) shall satisfy this reporting requirement. The deviation reports shall 

be submitted within the time limits prescribed by the applicable program implementing 40 CFR 70.6(a)(3)(iii)(B). 

The reports shall contain the following information: 

 (a) the identification of owner and operator and the permit number; 

 (b) the PAL requirement that experienced the deviation or that was exceeded; 
20.2.79 NMAC 24

 (c) emissions resulting from the deviation or the exceedance; and 

 (d) a signed statement by the responsible official (as defined by the applicable title V operating 

permit program) certifying the truth, accuracy, and completeness of the information provided in the report. 

 (3) Revalidation results. The owner or operator shall submit to the department the results of any 

revalidation test or method within 3 months after completion of such test or method. 

O. Transition requirements.

 (1) The department shall not issue a PAL that does not comply with the requirements of this section 

after the administrator has approved these regulations. 

 (2) The department may supersede any PAL which was established prior to the date of approval of 

this part by the administrator with a PAL that complies with the requirements of this section. 

[20.2.79.120 NMAC - N, 1/22/06] 

HISTORY OF 20.2.79 NMAC: 

Pre-NMAC History: The material in this part was derived from that previously filed with the commission of 

public records-state records center and archives: 

EIB/AQCR 709, Air Quality Control Regulation 709 - Permits - Nonattainment Areas, 07/26/85; 

EIB/AQCR 709, Air Quality Control Regulation 709 - Permits - Nonattainment Areas, 07/16/86; 

EIB/AQCR 709, Air Quality Control Regulation 709 - Permits - Nonattainment Areas, 08/01/88; 

EIB/AQCR 709, Air Quality Control Regulation 709 - Permits - Nonattainment Areas, 05/29/90; 

EIB/AQCR 709, Air Quality Control Regulation 709 - Permits - Nonattainment Areas, 06/25/92. 

History of Repealed Material: [RESERVED] 

Other History:

EIB/AQCR 709, Air Quality Control Regulation 709 - Permits - Nonattainment Areas, filed 06/25/92 was 

renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.79, Permits - Nonattainment 

Areas, filed 10/30/95. 

20 NMAC 2.79, Permits - Nonattainment Areas, filed 10/30/95 was renumbered, reformatted and replaced by 

20.2.79 NMAC, Permits - Nonattainment Areas, effective 10/31/02. 
STATE OF NEW MEXICO 

BEFORE THE ENVIRONMENTAL IMPROVEMENT BOARD 

IN THE MATTER OF PROPOSED REVISIONS 

w 

TO: 20.2.2 NMAC Definitions No. EIB 09-$(R) 

20.2.74 NMAC Permits - Prevention of Significant 

Deterioration 

20.2.79 NMAC Permits - Nonattainment Areas 

PETITION FOR REGULATORY CHANG 

The New Mexico Environment Department ("Department"), pursuant to 20.1.1 

NMAC - Rulemaking Procedures, hereby petitions the Environmental Improvement Board 

("Board") to amend 20.2.2 NMAC - DeJnitions; 20.2.74 NMAC -Permits-Prevention of 

Signzpcant Deterioration; and 20.2.79 NMAC - Permits-Nonattainment Areas. The revised 

rules and statement of reasons are attached. The Environmental Improvement Board is 

authorized to adopt these amendments by the Air Quality Control Act, NMSA 1978 5 74-2-5. 

The Department requests that the Board schedule the hearing for July 6,2009 during its 

regular meeting. The Department anticipates that its testimony regarding the revisions to Parts 

2,74, and 79 will require approximately one hour. 

Respectfully submitted, 

NEW MEXICO ENVIRONMENT DEPARTMENT 

OFFICE OF GENERAL COUNSEL 

eBill Grantham 

Assistant General Counsel 

New Mexico Environment Department 

1190 St. Francis Drive, Suite N-4050 

Santa Fe, New Mexico 87505 

Telephone: (505) 827-2824, bill.grantham@state.nm.us 
IN THE MATTER OF PROPOSED REVISIONS 

TO: 20.2.2 NMAC Definitions 

20.2.74 NMAC Permits - Prevention of Significant 

Deterioration 

20.2.79 NMAC Permits - Non attainment areas 

NO. EIB 09- (R) 

STATEMENT OF REASONS 

The New Mexico Environment Department (Department) is proposing revisions to 20.2.2 

NMAC -Definitions (Part 2); 20.2.74 - Permits -Prevention of Significant Deterioration (Part 

74); and 20.2.79 -Permits - Nonattainment Areas (Part 79) to comply with Implementation 

Rules adopted by the U.S. Environmental Protection Agency (EPA) for the 8-hour ozone and 

particulate matter 2.5 microns in size and less (PM2.5) National Ambient Air Quality Standards 

(NAAQS). Under Section 1 10(A)(2) of the Clean Air Act, states are required to update state 

implementation plans upon the promulgation of a new or revised NAAQS. 

The Department proposes the following changes to Part 2: 

In March of 2007, EPA promulgated the Implementation rule for the new PM2.5 NAAQS. The 

PM2.5 NAAQS promulgated by EPA was a new standard that has not been included in most 

state implementation plans and needs to be defined for regulatory purposes. 

1. Sections 7.AF & 7.AG 

20.2.2.7 DEFINITIONS 

AF. "PM2.5" means particulate matter with an aerodynamic diameter less than or 

equal to a nominal 2.5 micrometers. 

AG. "PM2.5 emissions" means finely divided solid or liquid material with an 

aerodynamic diameter less than or equal to a nominal 2.5 micrometers, emitted to 

the ambient air, as measured by: an applicable reference method; an equivalent or 

alternative method specified by the EPA administrator; or a test method specified 

in the New Mexico state implementation plan. 
The Department proposes the following changes to Part 74: 

In November of 2005, EPA promulgated the Implementation rule for the 8-hour ozone NAAQS. 

Included with this rule were revisions to the federal Prevention of Significant Deterioration rule 

(PSD). The federal PSD rule was revised to include nitrogen oxides (NOx) as an ozone 

precursor. Specifically, EPA amended the definitions of major stationary source; major 

modification; significant; and regulated NSR pollutant to include NOx as an ozone precursor. 

Sections 7.AD, 7.AF, & 7.AR 

20.2.74.7 - DEFINITIONS 

AD. "Major modification" means any physical change in or change in the method of 

operation of a major stationary source that would result in: a significant emissions 

increase (as defined in of this section) of a regulated new source review pollutant (as 

defined in this section); and a significant net emissions increase of that pollutant from the 

major stationary source. Any significant emissions increase (as defined in this section) 

from any emissions units or net emissions increase (as defined in this section) at a major 

stationary source that is significant for volatile organic compounds or nitrogen oxides 

shall be considered significant for ozone. 

AF. "Major stationary source" means the following. 

(1) Any stationary source listed in table 1 (20.2.74.50 1 NMAC) which 

emits, or has the potential to emit, emissions equal to or greater than one hundred (100) 

tons per year of any regulated new source review pollutant. 

(2) Any stationary source not listed in table 1 (20.2.74.501 NMAC) and 

which emits or has the potential to emit two hundred fifty (250) tons per year or more of 

any regulated new source review pollutant. 

(3) Any physical change that would occur at a stationary source not 

otherwise qualifying under Paragraphs (1) or (2) of this subsection if the change would 

constitute a major stationary source by itself. 

(4) A major source that is major for volatile organic compounds 

nitrogen oxides shall be considered major for ozone. 

(5) The hgitive emissions of a stationary source shall not be included in 

determining for any of the purposes of this section whether it is a major stationary source, 

unless the source belongs to one of the stationary source categories found in Table 1 

(20.2.74.501 NMAC) or any other stationary source category which, as of August 7, 

1980, is being regulated under Section 1 11 or 1 12 of the act. 

STATEMENT OF REASONS - PAGE 2 
AR. "Regulated new source review pollutant", for purposes of this part, means the 

following: 

(1) any pollutant for which a national ambient air quality standard has 

been promulgated and any constituents or precursors for such pollutants identified by the 

administrator (e.g., volatile organic compounds and nitrogen oxides are precursors for 

ozone); 

(2) any pollutant that is subject to any standard promulgated under Section 

1 1 1 of the act; 

(3) any class I or I1 substance subject to a standard promulgated under or 

established by title VI of the act; or 

(4) any pollutant that otherwise is subject to regulation under the act; 

except that any or all hazardous air pollutants either listed in Section 112 of the act or 

added to the list pursuant to Section 112(b)(2) of the act, which have not been delisted 

pursuant to Section 112(b)(3) of the act, are not regulated new source review pollutants 

unless the listed hazardous air pollutant is also regulated as a constituent or precursor of a 

general pollutant listed under Section 108 of the act. 

2. Section 502 

20.2.74.502 TABLE 2 - SIGNIFICANT EMISSION RATES: 

STATEMENT OF REASONS - PAGE 3 

POLLUTANT 

Carbon monoxide 

Fluorides 

Lead 

Municipal waste combustor 

Acid gases (measured as sulfur dioxide and hydrogen chloride) 

Metals (measured as particulate matter 

Organics (measured as total tetra- through octa-chlorinated 

dibenzo-p-dioxins and dibenzofurans) 

Nitrogen oxides 

Ozone Volatile Organic Compounds or nitrogen oxides) 

Particulate Matter 

Particulate matter emissions 

PM- 10 emissions 

Sulfur compounds 

Hydrogen sulfide (H2S) 

Reduced sulfur compounds (incl. H2S) 

Sulfur dioxide 

Sulfuric acid mist 

Total reduced sulfur (incl. H2S) 

Any other pollutant regulated under the act that is not listed in this 

table 

Each regulated pollutant 

EMISSION RATE (TONSNR) 

100 

3 

0.6 

40 (36 megagramslyear) 

15 (14 megagramslyear) 

0.0000035 (0.0000032 megagramslyr) 

40 

40 w@o 

25 

15 

10 

10 

40 

7 

10 

Any emission rate 

Emission rate or net emissions increase 

associated with a major stationary source 

or major modification that causes an air 

quality impact of one microgram per 

cubic meter or greater (24-hr average) in 

any class I federal area located withn 10 

km of the source. 
3. Section 503 

20.2.74.503 TABLE 3 - SIGNIFICANT MONITORING CONCENTRATIONS. 

STATEMENT OF REASONS - PAGE 4 

POLLUTANT 

Carbon monoxide 

Fluorides 

Lead 

Nitrogen dioxide 

Ozone 

Particulate matter (PM- 10) 

Sulfur compounds 

Hydrogen sulfide (H2S) 

Reduced sulfur compounds (incl. H2S) 

Sulfur dioxide 

Sulfuric acid mist 

Total reduced sulfur (incl. H2S) 

a - No acceptable monitoring techniques available at this time. Therefore, monitoring is not required until 

acceptable techques are available. 

b -No de minimis air quality level is provided for ozone. However, any net increase of 100 tons per year or 

more of volatile organic compounds or nitrogen oxides subject to PSD would be required to perform an 

ambient impact analysis, including the gathering of ambient air quality data. 

AIR QUALITY 

CONCENTRATION 

micrograms per cubic meter 

575 

0.25 

0.1 

14 

b 

10 

0.20 

10 

13 

a 

10 

AVERAGING TIME 

8 hours 

24 hours 

3 months 

Annual 

24 hours 

1 hour 

1 hour 

24 hours 

1 hour 
The Department proposes the following changes to Part 79: 

In November of 2005, EPA promulgated the Implementation rule for the 8-hour ozone 

NAAQS. Included with this rule were revisions to the federal New Source Review 

(NSR) Nonattainment rule. The NSR rule was revised to incorporate major stationary 

source thresholds, significant emission rates, and offset ratios pursuant to part D of title I 

of the CAA, as amended in 1990, for the 8-hour ozone NAAQS, the CO NAAQS, and the 

PM10 NAAQS. EPA also changed the requirements for emission reductions achieved 

from shutdowns or curtailments for clarification purposes. 

1. Sections 7.U, 7.V, 7.AJ, 7.AM 

2020.2.79.7 DEFINITIONS 

U. "Major modification" means any physical change in or change in the method of 

operation of a major stationary source that would result in a significant emissions increase 

of a regulated new source review pollutant (as defined in this section); and a significant 

net emissions increase of that pollutant fi-om the major stationary source. Any significant 

emissions increase (as defined in this section) from any emissions units or net emissions 

increase (as defined in this section) at a major stationary source that is significant for 

volatile organic compounds or oxides of nitrogen shall be considered significant for 

ozone. 

(1) A physical change or change in the method of operation shall not 

include: 

(a) routine maintenance, repair, and replacement; 

(b) use of an alternative fuel or raw material by reason of an order 

under Section 2 (a) and (b) of the Energy Supply and Environmental Coordination Act of 

1974 (or any superseding legislation) or by reason of a natural gas curtailment plan 

pursuant to the federal Power Act; 

(c) use of an alternative fuel by reason of an order or rule under 

Section 125 of the federal Clean Air Act; 

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

that the fuel is generated fiom municipal solid waste; 

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

which: 

(i) the source was capable of accommodating before 

December 2 1, 1976, unless such change would be prohibited under any federally 

enforceable permit condition which was established after December 21, 1976 pursuant to 

STATEMENT OF REASONS - PAGE 5 
40 CFR 52.21 or under regulations approved pursuant to 40 CFR 5 1.165 or 40 CFR 

51.166; or 

(ii) the source is approved to use under any permit issued 

under 40 CFR 52.2 1 or under regulations approved pursuant to 40 CFR 5 1.166; 

(f) an increase in the hours of operation or in the production rate, 

unless such change would be prohibited under any federally enforceable permit which 

was established after December 2 1, 1976, pursuant to 40 CFR 52.2 1 or under regulations 

approved pursuant to 40 CFR 5 1.165 or 40 CFR 5 1.166; 

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

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

clean coal technology demonstration project, provided that the project complies with the 

state implementation plan for the state in which is project is located, and other - - -. 

requirements necessary to attain and maintain the national ambient air quality standards 

during the project and after it is terminated. 

(2) This definition shall not apply with respect to a particular regulated 

new source review pollutant when the major stationary source is complying with the 

requirements under 20.2.79.120 NMAC for a plantwide applicability limit for that 

pollutant. Instead, the definition at Paragraph (8) of Subsection B of 20.2.79.120 NMAC 

shall apply. 

(3) For the purpose of applying the requirements of Subsection H of 

20.2.79.109 NMAC to modifications at maior stationary sources of nitrogen oxides 

located in ozone nonattainment areas or in ozone transport regions. whether or not subiect 

to subpart 2, part D, title I of the federal Clean Air Act, any significant net emissions 

increase of nitrogen oxides is considered significant for ozone. 

(4) Any physical change in, or change in the method of operation of, a 

major stationary source of volatile organic compounds that results in any increase in 

emissions of volatile organic compounds from any discrete operation, emissions unit, or 

other pollutant emitting activity at the source shall be considered a significant net 

emissions increase and a major modification for ozone, if the maior stationary source is 

located in an extreme ozone nonattainment area that is subiect to subpart 2, part D, title I 

of the federal Clean Air Act. 

V. "Major stationary source" means the following. 

(1 Any stationary source of air pollutants which emits, or has the potential 

to emit, 100 tons per year or more of any regulated new source review pollutant, except 

that lower emissions thresholds shall apply in areas subiect to subpart 2. subpart 3, or 

subpart 4 of part D, title I of the of the federal Clean Air Act, 

according to Subparagraphs (a) through (0 of this paragraph (20.2.79.7.V.l NMAC). 

(a) 50 tons per year of volatile organic compounds in any serious 

ozone nonattainment area. 

(b) 50 tons per year of volatile organic compounds in an area within 

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

(c) 25 tons per year of volatile organic compounds in any severe 

ozone nonattainment area. 

STATEMENT OF REASONS - PAGE 6 
(d) 10 tons per vear of volatile organic compounds in any extreme 

ozone nonattainment area. 

(e) 50 tons per vear of carbon monoxide in any serious 

nonattainment area for carbon monoxide, where stationary sources contribute 

significantly to carbon monoxide levels in the area (as determined under rules issued by 

the United States environmental protection agency administrator). 

(0 70 tons per year of PMlO in any serious nonattainment area for 

PM10. 

(2) For the purposes of applying the requirements of Subsection H of 

20.2.79.109 NMAC to stationary sources of nitrogen oxides located in an ozone 

nonattainment area or in an ozone transport region, any stationary source which emits, or 

has the potential to emit, 100 tons per year or more of nitrogen oxides emissions. except 

that the emission thresholds in Subparagraphs (a) through (f) of this paragraph 

(20.2.79.7.V.2 NMAC) shall apply in areas subiect to subpart 2 of part D, title I of the 

federal Clean Air Act. 

(a) 100 tons per year or more of nitrogen oxides in any ozone 

nonattainment area classified as marginal or moderate. 

(b) 100 tons per vear or more of nitrogen oxides in any ozone 

nonattainment area classified as a transitional, submarginal, or incomplete or no data area, 

when such area is located in an ozone transport region. 

(c) 100 tons per vear or more of nitrogen oxides in any area 

designated under section 107(D) if the federal Clean Air Act as attainment or 

unclassifiable for ozone that is located in an ozone transport region. 

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

nonattainment area for ozone. 

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

nonattainment area for ozone. 

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

nonattainment area for ozone; or 

(22) Any physical change that would occur at a stationary source not 

qualifying under Paragraph (1) or (2) of this definition as a major stationary source, if the 

change would constitute a major stationary source by itself. 

(34) A major stationary source that is major for volatile organic 

compounds or oxides of nitrogen shall be considered major for ozone. 

(43 A stationary source shall not be a major stationary source due to 

fugitive emissions, to the extent they are quantifiable, unless the source belongs to: 

(a) any category in Subsection B of 20.2.79.1 19 NMAC; or 

(b) any other stationary source category which as of August 7, 1980 

is being regulated under Section 1 1 1 or 1 12 of the federal Clean Air Act. 

(5) A stationary source shall not be a major stationary source due to 

secondary emissions. 

AM. "Significant" means: 

(1) In reference to a net emissions increase or the potential of a source to 

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

STATEMENT OF REASONS - PAGE 7 
of the following rates: carbon monoxide, 100 tons per year; nitrogen oxides, 40 tons per 

year; sulfur dioxide, 40 tons per year; PM-10 emissions, 15 tons per year; ozone, 40 tons 

per year of volatile organic compounds or nitrogen oxides; lead, 0.6 tons per year. 

(2) Notwithstanding the significant emissions rate for ozone in Paragraph 

(1) of 20.2.79.7.AM NMAC, significant means, in reference to an emissions increase or 

a net emissions increase, any increase in actual emissions of volatile organic compounds 

that would result from any physical change in, or change in the method of operation of, a 

major stationary source locating in a serious or severe ozone nonattainment area that is 

subiect to subpart 2, part D, title I of the federal Clean Air Act, if such emissions increase 

of volatile organic compounds exceeds 25 tons per year. 

(3) For the pumoses of applying the requirements of Subsection H of 

20.2.79.109 NMAC to modifications at major stationary sources of nitrogen oxides 

located in an ozone nonattainment area or in an ozone transport region, the significant 

emission rates and other requirements for volatile organic compounds in Paragraphs (I), 

(2), and (5) of this subsection (20.2.79.7.AM NMAC) shall apply to nitrogen oxides 

emissions. 

(4) Notwithstanding the significant emissions rate for carbon monoxide 

under Paragraph (1) of this subsection (20.2.79.7.M NMAC), significant means. in 

reference to an emissions increase or a net emissions increase, any increase in actual 

emissions of carbon monoxide that would result from any physical change in, or change 

in the method of operation of, a major stationary source in a serious nonattainment area 

for carbon monoxide if such increase equals or exceeds 50 tons per year, provided the 

U.S. environmental protection agency administrator has determined that stationary 

sources contribute significantly to carbon monoxide levels in that area. 

(5) Notwithstanding the significant emissions rates for ozone under 

Paragraphs (1) and (2) of this subsection (20.2.70.7.AM NMAC), any increase in actual 

emissions of volatile organic compounds from any emissions unit at a major stationary 

source of volatile organic compounds located in an extreme ozone nonattainment area 

that is subject to subpart 2, part D, title I of the federal Clean Air Act shall be considered 

a significant net emissions increase. 

2. Sections 109.H, 109.1, 109.J, 109.K & 109.L 

20.2.79.109 APPLICABILITY 

... 

H. The requirements of this section (20.2.79.109 NMAC) applicable to major 

stationary sources and maior modifications of volatile organic compounds shall apply to 

nitrogen oxides emissions from major stationary sources and major modifications of 

nitrogen oxides in an ozone transport region or in any ozone nonattainment area, except 

in ozone nonattainment areas or in portions of an ozone transport region where the U.S. 

Environmental Protection Agency administrator has granted a NOx waiver applying the 

standards set forth under section 182(fl of the federal Clean Air A; and the waiver 

continues to apply. 

I. In meeting the emissions offset requirements of Section 115 of 20.2.79 NMAC, 

the ratio of total actual emissions reductions to the emissions increase shall be at least 1 : 1 

STATEMENT OF REASONS - PAGE 8 
unless an alternative ratio is provided for the applicable nonattainment area in Paragraphs 

(1) though (5) of this subsection (20.2.79.109.1 NMAC); 

(1) In any marginal nonattainment area for ozone, at least 1.1 : 1 ; 

(2) In any moderate nonattainment area for ozone, at least 1.15: 1 ; 

(3) In any serious nonattainment area for ozone, at least 1.2: 1 ; 

(4) In any severe nonattainment area for ozone, at least 1.3: 1 (except that 

the ratio may be at least 1.2: 1 if the approved state implementation plan also requires all 

existing maior sources in such nonattainment area to use BACT for the control of VOC); 

(5) In any extreme nonattainment area for ozone. at least 1.5: 1 (except that 

the ratio may be at least 1.2: 1 if the approved state implementation plan also requires all 

existing major sources in such nonattainment area to use BACT for the control of VOC. 

J. Notwithstanding the requirements of Paragraph (1) of 20.2.79.1 NMAC for 

meeting the requirements of Section 115 of 20.2.79 NMAC, the ratio of total actual 

emissions reductions of VOC to the emissions increase of VOC shall be at least 1.15: 1 for 

all areas within an ozone transport region that is subject to subpart 2, part D title I of the 

federal Clean Air Act, except for serious. severe, and extreme ozone nonattainment areas 

that are subiect to subpart 2, part D, title I of the federal Clean Air Act. 

K. Meeting the emissions offset requirements of Section 1 15 of 20.2.79 

NMAC for ozone nonattainment areas that are subject to subpart 1, part D, title I of the 

clean air act, including 8-hour ozone nonattainment areas subject to 40 CFR 51.902(b), 

the ratio of total actual emissions increase of VOC shall be at least 1 : 1. 

L. The requirements of Section 109 of 20.2.79 NMAC applicable to maior 

stationary sources and maior modifications of PMlO shall also apply to maior stationary 

sources and major modifications of PMlO precursors except where the US. 

Environmental Protection Agency administrator determines that such sources do not 

contribute significantly to PMlO levels that exceed the PMlO ambient standards in the 

area. 

[11/30/95; 20.2.79.109 NMAC - Rn, 20 NMAC 2.79.109, 10/31/02; A, 1/22/06; A, 

XX/XX/XX] 

3. Sections 115.F.1 & 115.F.2 

20.2.79.115 EMISSION OFFSETS 

. . . 

(1) Emissions reductions achieved by shutting down an existing setwee emission unit 

or curtailing production or operating hours below baseline levels may be generally 

credited for offsets if such reductions are permanent, quantifiable, and federally 

enforceable+md+fth- LWXAMSW EPLAL nnnY1\7rnT1. In addition, the 

shutdown or curtailment is creditable only if it occurred efteraftzr tafter the date of the most recent 

emissions inventory used in the state implementation plan's demonstration of attainment. 

However, in no event may credit be given for shutdowns which occurred prior to August 

7, 1977. For purposes of this paragraph, a permitting authority may choose to consider a . . prior shutdown or curtailment to have occurred after the date of -t recer,t e==:me~ 

STATEMENT OF REASONS - PAGE 9 
the base year inventory, if the projected inventory used to develop the attainment . . . . demonstration explicitly includes -en+ ex:&mg e~:zstefts the emissions from such 

previously shutdown or curtailed sewees emission units. 

(2) Such reductions may be credited in the absence of an approved 

attainment demonstration only if the shutdown or curtailment occurred on or after the 

date the new source permit application is filed, or, if the applicant can establish that the 

proposed new setwe emission unit is a replacement for the shutdown or curtailed setme 

emission unit, and the-a&e#&& provisions of Paragraph (1) of this subsection 

(20.2.79.7.F NMAC) are observed. 

STATEMENT OF REASONS - PAGE 10 
STATE OF NEW MEXICO 

ENVIRONMENTAL IMPROVEMENT BOARD 

IN THE MATTER OF PROPOSED AMENDMENTS 

TO: 20.2.2 NMAC - DEFINITIONS; 

20.2.74 NMAC - PERMITS - PREVENTION OF EIB 09-04(R) 

SIGNIFCANT DETERIORATION; AND 

20.2.79 NMAC - PERMITS - NONATTAINMENT AREAS. 

NEW MEXICO ENVIRONMENT DEPARTMENT 

NOTICE OF INTENT TO PRESENT TECHNICAL TESTIMONY 

Pursuant to 20.1.1.302.A NMAC, The New Mexico Environment Department (NMED) 

Environmental Protection Division ("the Division") hereby submits its Notice of Intent to present 

technical testimony in this proceeding. 

1. The person for whom the witnesses will testify. 

The New Mexico Environment Department, Environmental Protection Division. 

2. The name and qualifications of each technical witness. 

Gail Cooke. Ms. Cooke is an Environmental Planner in the Control Strategies Section of 

the Air Quality Bureau. She has worked in the Air Quality Bureau since June 1999. Ms. Cooke 

holds a bachelor degree in Environmental Design from Texas A&M University and a master 

degree in Urban and Regional Planning from Virginia Tech University. 

3. Summary and Estimated Duration of Testimony 

Ms. Cook's written testimony is attached as Exhibit NMED 1. Ms. Cooke will provide 

testimony regarding the proposed revisions to 20.2.2 NMAC - Definitions; 20.2.74 NMAC - 

Prevention of Significant Deterioration; and 20.2.79 NMAC - Nonattainment Permitting in 

Exhibits 2 - 4. The Division estimates Ms. Cooke's testimony will take 1 hour. 

Notice of Intent Page 1 of 3 
4. Text of Recommended Modifications to the Proposed Regulatory Change 

The Division recommends changes to 20.2.2 NMAC; 20.2.74 NMAC; 20.2.79 NMAC as 

proposed in the petition of April 6,2009. 

5. List and Description of Exhibits 

The Division submits the following exhibits: 

Exhibit Number Title of Exhibit 

NMED 1 Written Testimony of Gail Cooke 

NMED 2 Proposed Rule Changes to 20.2.2 NMAC 

NMED 3 Proposed Rule Changes to 20.2.74 NMAC 

NMED 4 Proposed Rule Changes to 20.2.79 NMAC 

NMED 5 April 25,2007, Federal Register Notice - PM2.5 Implementation Rule 

(Submitted Electronically Only) 

NMED 6 November 29,2005, Federal Register Notice - 8 Hour Ozone 

Implementation Rule (Submitted Electronically Only) 

NMED 7 Notice of Public Meeting.and Hearing 

NMED 8 Proposed Statement of Reasons 

7. Reservation of Rights 

This Notice of Intent to Present Technical Testimony is based on the Division's petition. 

The Division reserves the right to call any person to testify and to present any exhibit in response 

to another notice of intent or public comment filed in this matter or to any testimony or exhibit 

offered at the public hearing. The Division also reserves the right to call any person as a rebuttal 

witness and to present any exhibit in support thereof. 

Notice of Intent Page 2 of 3 
Respectfully submitted, 

NEW MEXICO ENVIRONMENT DEPARTMENT 

OFFICE OF GENERAL COUNSEL 

Assistant General Counsel 

New Mexico Environment Department 

1190 St. Francis Drive 

Santa Fe, New Mexico 87502-6 1 10 

Telephone (505) 827-2824 

Facsimile (505) 827- 1628 

CERTIFICATE OF SERVICE 

I hereby certify that on June 19,2009, a true and accurate copy of above-entitled pleading was 

mailed by first class mail to the Board Attorney at the following address: 

Mr. Adrian Terry 

Assistant Attorney General 

Attorney General's Office - Civil Division 

P.O. Drawer 1508 

Santa Fe, NM 87504-1 508 

L.3- 

Bill Grantham 

Notice of Intent Page 3 of 3 
STATE OF NEW MEXICO 

ENVIRONMENTAL IMPROVEMENT BOARD 

IN THE MATTER OF PROPOSED AMENDMENTS 

TO: 20.2.2 NMAC - DEFINITIONS; 

20.2.74 NMAC - PERMITS - PREVENTION OF EIB 09-04(R) 

SIGNIFCANT DETERIORATION; 

20.2.79 NMAC - PERMITS - NONATTAINMENT AREAS. 

WRITTEN TESTIMONY OF GAIL COOKE 

Witness Qualifications: 

Gail Cooke is an Environmental Planner in the Control Strategies Section of the Air Quality 

Bureau. She has worked in the Air Quality Bureau since June 1999. Ms. Cooke holds a 

bachelor degree in Environmental Design from Texas A&M University and a master degree in 

Urban and Regional Planning from Virginia Tech. 

I. INTRODUCTION 

The New Mexico Environment Department (NMED) Air Quality Bureau proposes amendments 

to 20.2.2 New Mexico Administrative Code (NMAC) -Definitions; 20.2.74 -Permits - 

Prevention of Signzficant Deterioration (PSD); and 20.2.79 NMAC - Permits - Nonattainment 

Areas. NMED Exhibits 2-4 reflects the Department's proposed amendments in current NMAC 

format. A section-by-section table of proposed amendments is also included in Table 1 below. 

The proposed amendments are shown in standard legislative format: new material is underlined, 

and deleted material stricken or designated as stricken. 20.2.2 NMAC (Exhibit 2) is hereinafter 

referred to as Part 2; 20.2.74 NMAC (Exhibit 3) as Part 74; and 20.2.79 NMAC (Exhibit 4) as 

Part 79. 

A. What is the Purpose of These Revisions? 

The New Mexico Environment Department (Department) is proposing revisions to Part 2; Part 

74; and Part 79 to comply with Implementation Rules adopted by the U.S. Environmental 

Protection Agency (EPA) for the 8-hour ozone and particulate matter 2.5 microns in size and less 

(PM2.5) National Ambient Air Quality Standards (NAAQS). Under Section 110(a) of the 

federal Clean Air Act, states are required to update state implementation plans upon the 

promulgation of a new or revised NAAQS within 3 years of promulgation. 

B. What is the Implication of These Revisions? 

These revisions would only apply to permitted PSD facilities or Title V facilities in 

nonattainment areas for ozone, carbon monoxide (CO) or particulate matter 10 microns in size 

and less (PMIO). 

COOKE TESTIMONY - PAGE 1 
11. PROPOSED REVISIONS 

A. 20.2.2 - Definitions 

In April of 2007, EPA promulgated the Implementation rule for the new PM2.5 NAAQS 

(Exhibit 5). The PM2.5 NAAQS promulgated by EPA was a new standard that has not been 

included in New Mexico's State Implementation Plan and needs to be defined for regulatory 

purposes. To comply with the Implementation rule for the new PM2.5 standard, definitions for 

PM2.5 and PM2.5 emissions are required to be included in the definitions section of the state's 

air quality regulations. 

B. 20.2.74 - Permits - Prevention of Significant Deterioration 

In November of 2005, EPA promulgated the Implementation rule for the 8-hour ozone NAAQS 

(Exhibit 6). Included with this rule were revisions to the federal PSD rule. The federal PSD rule 

was revised to include nitrogen oxides (NOx) as an ozone precursor. Specifically, EPA amended 

the definitions of major stationary source; major modification; significant; and regulated NSR 

pollutant to include NOx as an ozone precursor. 

The Department proposes corresponding amendments to these provisions in the State's rules. 

The effect of these changes is that nitrogen oxides will be considered to determine PSD 

applicability for future construction and major modifications in attainment areas throughout the 

state. 

C. 20.2.79 - Permits - Nonattainment Areas 

The November of 2005, Implementation rule for the 8-hour ozone NAAQS also included 

revisions to the federal New Source Review (NSR) Nonattainment rule. Specifically, the NSR 

rule was revised to incorporate major stationary source thresholds, significant emission rates, and 

offset ratios pursuant to part D of title I of the CAA, as amended in 1990, for the 8-hour ozone 

NAAQS, the carbon monoxide NAAQS, and particulate matter 10 microns in size and less 

(PM 10) NAAQS. EPA also changed the requirements for emission reductions achieved from 

shutdowns or curtailments for clarification purposes. 

The Department proposes corresponding amendments to these provisions in the State's rules. 

The revisions would incorporate the revised federal thresholds for NOx, VOC, COY and PMIO. 

The thresholds and offset ratios proposed for adoption are graduated according to non-attainment 

classification in accordance with the Clean Air Act (i.e., marginal, moderate, severe, and extreme 

nonattainment areas). It should be noted that for most of these classifications, nonattainment 

areas currently do not exist in New Mexico. 

The following table (Table 1) lists the promulgated federal amendments and the proposed 

regulatory amendments to the state regulations. 

COOKE TESTIMONY - PAGE 2 
Table 1: Proposed Regulatory Amendments 

111. THE PROPOSED REVISIONS IN NEW MEXICO 

ISSUE ADDRESSED IN 

FEDERAL RULE 

Include definitions for PM2.5 and PM2.5 Emissions 

Inclusion of NOx as an ozone precursor. 

Revision to definition of Major Modification: If a modification 

itself constitutes a major stationary source, the modification is 

subject to major NSR. 

Incorporation of major stationary source thresholds for ozone 

nonattainment areas. 

Significant emission rates for ozone and carbon monoxide 

nonattainment areas. 

Incorporation of emissions offset requirements for ozone and PMIO 

nonattainment areas 

Revisions to limit offsets fi-om emissions reductions due to 

shutting down an existing source or curtailing production or 

operating hours below baseline levels. 

The revisions to Parts 2 and 74 will apply to permitted sources state-wide. The revisions to both 

regulations are relatively minor and should have a very limited effect on permitted sources in the 

state. The revision to Part 2 only establishes definitions for the new PM2.5 NAAQS. These 

definitions are needed for future reference to this standard within state regulations. The revisions 

to Part 74 are in response to EPA codifying the role of NOx in ozone formation and transport in 

the federal PSD program by including NOx as an ozone precursor in attainment and 

unclassifiable areas. This codification already exists in other federal and state rules. The revision 

is simply updating Part 74 to correspond with other air quality laws, rules, and regulations. 

NEW MEXICO 

REGULATORY 

SECTION 

20.2.2: Sec. 7(AF); 7(AG) 

20.2.74: Sec. 7(AD); 

7(AF); 7(AR); 502; 503 

20.2.79: Sec. 7(U) 

20.2.79: Sec. 7(V) 

20.2.79: Sec. 7(AM) 

20.2.79: Sec. 109 

20.2.79: Sec. 1 15 

The revisions to 20.2.79 NMAC - Nonattainment Permitting will only apply to major permitted 

sources that are located in areas that have been found to be in violation of a federal air quality 

standard. Presently, there is only one nonattainment area under the Department's jurisdiction in 

New Mexico. The nonattainment is located in Southern DoAa Ana County in Anthony, New 

Mexico. Anthony was designated nonattainment by EPA for PMlO in 1991. Today's proposed 

revisions to Part 79 will not affect the nonattainment area in Anthony, NM. This area was 

designated nonattainment for PM 10 due to high wind events, not emissions fi-om permitted point 

sources. The proposed revisions will affect any future PM2.5 or ozone nonattainment areas 

within the State of New Mexico's jurisdiction. 

Accordingly, the Department has determined that the proposed changes will not adversely affect 

small businesses. To the Department's knowledge, the only facility potentially affected by the 

amendments is El Paso Electric, located in Sunland Park, New Mexico, in an area for which the * 

State has recommended nonattainment status with respect to the new 8-hour ozone standard. 

COOKE TESTIMONY - PAGE 3 
This facility is not a small business as defined by the Small Business Regulatory Relief Act. 

Moreover, if New Mexico were not to adopt these revisions, EPA would be obliged to exercise 

its oversight authority and adopt similar changes through a federal implementation plan. 

IV. OUTREACH 

Outreach was conducted for all three regulations in the form of public notices (Exhibit 7) and an 

open house. The state received no comments from the public notice and no attendance at the 

open house. Although states are required to adopt federally promulgated rules, once the rules are 

adopted by the federal government they are applicable in all states regardless if a state has 

adopted those revisions or not. The purposes for the adoption of federally promulgated rules and 

revisions on the state level are to fulfill the requirements of the CAA and to grant states the 

authority to oversee and enforce those rules. So, although the proposed revisions to Parts 2,74, 

and 79 have not been adopted on the state level, affected sources have been subject to these 

revisions since the promulgation on the federal level. 

COOKE TESTIMONY - PAGE 4 
TITLE 20 ENVIRONMENTAL PROTECTION 

CHAPTER 2 AIR QUALITY (STATEWIDE) 

PART 2 DEFINITIONS 

EXHIBIT [-I 

20.2.2.1 ISSUING AGENCY: New Mexico Environmental Improvement Board. 

[I 0127195; 20.2.2.1 NMAC - Rn, 20 NMAC 2.100, 1013 1/02] 

20.2.2.2 SCOPE: The provisions of this part shall apply to all New Mexico regulations regarding air 

quality, and codified as 20.2.3 NMAC through 20.2.99 NMAC. 

[10/27/95; 20.2.2.2 NMAC - Rn, 20 NMAC 2.101, 1013 1/02] 

20.2.2.3 STATUTORY AUTHORITY: The environmental improvement board "shall promulgate 

regulations and standards in ... air quality management" (NMSA 1978, section 74-1-8.A) and "the Environmental 

Improvement Board ... shall adopt ... regulations to attain and maintain national ambient air quality standards and 

prevent or abate air pollution ..." (NMSA 1978, section 74-2-5.B). 

[10/27/95; 20.2.2.3 NMAC - Rn, 20 NMAC 2.102, 1013 1/02] 

20.2.2.4 DURATION: Permanent. 

[10/27/95; 20.2.2.4 NMAC - Rn, 20 NMAC 2.103, 1013 1/02] 

20.2.2.5 EFFECTIVE DATE: October 27, 1995. 

[10/27/95; 20.2.2.5 NMAC - Rn, 20 NMAC 2.104, 1013 1/02] 

[The latest effective date of any section in this Part is 01/01/08.] 

20.2.2.6 OBJECTIVE: To provide specific definitions for terms used and not defined in air quality 

regulations 20.2.3 NMAC through 20.2.99 NMAC. 

[10/27/95; 20.2.2.6 NMAC - Rn, 20 NMAC 2.105, 1013 1/02] 

20.2.2.7 DEFINITIONS: The following definitions apply to all Parts of Title 20, Chapter 2 NMAC. 

A. "Administratorr7 means the administrator of the United States environmental protection agency 

(US EPA) or his or her designee. 

B. "Aerodynamic diameter" means the diameter of a sphere of unit density which behaves 

aerodynamically the same as the particle of the test substance. It is used to predict where particles of different size 

and density may be deposited in the respiratory tract. 

C. "Air contaminant" means any airborne substance, including but not limited to, any particulate 

matter, fly ash, dust, fumes, gas, mist, smoke, vapor, micro-organisms, radioactive material, any combination 

thereof or any decay or reaction product thereof. 

D. "Air pollution" means the emission, except as such emission occurs in nature, into the outdoor 

atmosphere of one or more air contaminants in such quantities and duration as may with reasonable probability 

injure human health, animal or plant life, or as may unreasonable interfere with the public welfare, visibility or the 

reasonable use of property. 

E. "Asbestos" includes chrysolite, crocidolite, amosite, anthophylite, tremolite, and actinolite. 

F. "Board" means the New Mexico environmental improvement board or its successor agency or 

authority. 

G. "Carbon dioxide" means the chemical compound containing one atom of carbon and two atoms 

of oxygen. 

H. "Carbon monoxide" means the chemical compound containing one atom of carbon and one atom 

of oxygen. 

I. "Department" means the New Mexico environment department or its successor agency or 

authority, as represented by the department secretary or his or her designee. 

J. "Federal act" means the Federal Clean Air Act, as amended, 42 U.S.C. sections 7401 et seq. 

K. "Flue" means, any duct for air, gases, or the like, such as a stack or chimney. 

L. "Fugitive dust" or "fugitive particulate matter" means particulate emissions which escape to 

the atmosphere due to leakage; materials handling, transfer or storage; travel over unpaved roads or parking areas; or 

other industrial activities, and which are not ducted through exhaust systems. 

Proposed Revisions to 20.2.2.7 NMAC 1 
M. "Greenhouse gas" means any of the following: carbon dioxide, methane, nitrous oxide, 

hydrofluorocarbons, perfluorocarbons or sulfur hexafluoride. 

N. "Heavy metal" means any metal having an atomic number greater than 2 1. 

0. "Hydrofluorocarbons" means gaseous chemical compounds containing only hydrogen, carbon, 

and fluorine atoms. 

P. "Hydrogen sulfide" means the chemical compound containing two atoms of hydrogen and one 

atom of sulfur. 

Q. "Kraft pulp" means the fibrous cellulose material produced in a kraft mill. 

R. "Lead" means elemental lead; alloys in which one of the elements is lead; or compounds 

containing lead, which are measured as elemental lead. 

S. "Methane" means the chemical compound containing one atom of carbon and four atoms of 

hydrogen. 

T. "mg/m3" means milligrams per cubic meter. 

U. "Nitrogen dioxide" means the chemical compound containing one atom of nitrogen and two 

atoms of oxygen, for the purposes of ambient determinations. The term "nitrogen dioxide," for the purposes of stack 

emissions monitoring, shall include nitrogen dioxide (the chemical compound containing one atom of nitrogen and 

two atoms of oxygen), nitric oxide (the chemical compound containing one atom of nitrogen and one atom of 

oxygen), and other oxides of nitrogen which may test as nitrogen dioxide. 

V. "Nitrous oxide" means the chemical compound containing two atoms of nitrogen and one atom 

of oxygen. 

W. "Non-methane hydrocarbons" means any combination of hydrocarbons (chemical compounds 

consisting of hydrogen and carbon) excluding only the molecule methane. 

X. "Ozone" means the chemical compound having the molecular composition of three oxygen 

atoms. 

Y. "Particulate matter" means any airborne, finely divided solid or liquid material with an 

aerodynamic diameter smaller than 100 micrometers. 

Z. "Particulate matter emissions" means all finely divided solid or liquid material, other than 

uncombined water, emitted to the ambient air as measured by: applicable reference methods; an equivalent or 

alternative method specified by the administrator; or a test method specified in the New Mexico state 

implementation plan. 

AA. "Perfluorocarbons" means gaseous chemical compounds containing only carbon and fluorine 

atoms. 

AB. "Person" means any individual; partnership; corporation; association; municipality; the state or 

political subdivision of the state; and any agency, department, or instrumentality of the United States and any of 

their officers, agents, or employees. 

AC. "Photochemical oxidents" means those oxidizing chemical compounds which are the products of 

photo initiated reactions involving organic compounds and nitrogen oxides, consisting primarily of ozone and 

peroxyacetyl nitrate (PAN). 

AD. "PM10" means particulate matter with an aerodynamic diameter less than or equal to a nominal 

10 micrometers. 

AE. "PM10 emissions" means finely divided solid or liquid material with an aerodynamic diameter 

less than or equal to a nominal 10 micrometers, emitted to the ambient air, as measured by: an applicable reference 

method; an equivalent or alternative method specified by the EPA administrator; or a test method specified in the 

New Mexico state implementation plan. 

AF. "PM2.5" means particulate matter with an aerodynamic diameter less than or equal to a nominal 

2.5 micrometers. 

AG. "PM2.5 emissions" means finely divided solid or liquid material with an aerodynamic diameter 

less than or equal to a nominal 2.5 micrometers, emitted to the ambient air, as measured by: an applicable reference 

method; an equivalent or alternative method specified by the EPA administrator: or a test method specified in the 

New Mexico state implementation plan. 

AFM. "ppm" means parts per million by volume. 

ffiAI. "Ringelmann scale" means the grading of opacity, appearance, density or shade of a smoke 

emission, in determining the light-obscuring power of smoke. 

&EM. "Schedule of compliance" means a schedule or timetable, acceptable to the board, which clearly 

sets out in detail, the steps to be taken in achieving the objectives of a regulation or standard. 

Proposed Revisions to 20.2.2.7 NMAC 2 
"Secretary1' means the secretary of the New Mexico environment department or his or her 

designee. 

Ad&. "Smoke" means small gas-borne particles resulting from incomplete combustion, consisting 

predominantly, by not exclusively, of carbon, soot and combustible material. 

&A. "Sulfur dioxide" means the chemical compound containing one atom of sulfur and two atoms of 

oxygen, for the purposes of'ambient determinations. The term sulfur dioxide, for the purposes of stack emissions 

monitoring, shall include sulfur dioxide (chemical compound containing one atom of sulfur and two atoms of 

oxygen), and other oxides of sulfur which may test as sulfur dioxide. 

A&!. "Sulfur hexafluoride" means the chemical compound containing one atom of sulfur and six 

atoms of fluorine. 

AM&. "Total reduced sulfur" means any combination of sulfur compounds, except sulfur dioxide and 

free sulfur, which test as total reduced sulfur, including, but not limited to, hydrogen sulfide, methyl mercaptan, and 

ethyl mercaptan. 

AF4M. "Total suspended particulates (TSP)" means particulate matter as measured by the method 

described in 40 CFR Part 50, Appendix B. 

A&&. "ugIm3" means micrograms per cubic meter. 

em. "US EPA" means the United States environmental protection agency. 

AQU. "Volatile organic compound (VOC)" means any organic compound which participates in 

atmospheric photochemical reactions; that is, any organic compound other than those which the administrator 

designates as having negligible photochemical reactivity. 

[10/27/95; 20.2.2.7 NMAC - Rn, 20 NMAC 2.2.200 1013 1/02; A, 01/01/08; A, xx/xx/xx] 

20.2.2.8 AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS: This part supersedes 

AQCR 100, originally filed on January 23, 1970, and subsequently amended and refiled on May 26, 197 1, 

September 1, 1971, September 14, 1973, June 14, 1974, July 15, 1974, February 7, 1983, May 26, 1983, August 1, 

1988, and May 29, 1990. 

[10/27/95; 20.2.2.8 NMAC - Rn, 20 NMAC 2.2.106, 1013 1/02] 

20.2.2.9 DOCUMENTS: Documents cited in this part may be viewed at the New Mexico Environment 

Department, Air Quality Bureau, Runnels Building, 1 190 Saint Francis Drive, Santa Fe, NM 87503 [2048 Galisteo 

St., Santa Fe, NM 875051. 

[10/27195; 20.2.2.9 NMAC - Rn, 20 NMAC 2.2.107, 1013 1/02] 

HISTORY OF 20.2.2 NMAC: 

Pre-NMAC History: The material in this part was derived from that previously filed with the commission of 

public records-state records center and archives: 

HSSD 70-1, Ambient Air Quality Standards and Air Quality Control Regulations, 01/27/70. 

AQCR 100, Air Quality Control Regulation I00 - Definitions, 02/07/83. 

AQCR 100, Air Quality Control Regulation 100 - Definitions, 05/26/83. 

EIBIAQCR 100, Air Quality Control Regulation 100 - Definitions, 0810 1/88. 

EIBIAQCR 100, Air Quality Control Regulation 100 - Definitions, 05/29/90. 

History of Repealed Material: [RESERVED] 

Other History: 

EIBIAQCR 100, Air Quality Control Regulation 100 - Definitions, filed 05/29/90 was renumbered into first 

version of the New Mexico Administrative Code as 20 NMAC 2.2, Definitions, effective 10/27/95. 

20 NMAC 2.2, Definitions (filed 09/27/95) was renumbered, reformatted and replaced by 20.2.2 NMAC, 

Definitions, effective 1013 1/02. 

Proposed Revisions to 20.2.2.7 NMAC 
TITLE 20 ENVIRONMENTAL PROTECTION 

EXHIBIT 1- 

CHAPTER 2 AIR QUALITY (STATEWIDE) 

PART 74 PERMITS - PREVENTION OF SIGNIFICANT DETERIORATION (PSD) 

20.2.74.1 ISSUING AGENCY: New Mexico Environmental Improvement Board 

[07/20/95; 20.2.74.1 NMAC - Rn, 20 NMAC 2.74.100, 1013 1/02] 

20.2.74.2 SCOPE: Any person constructing any new major stationary source or major modification as 

defined in this Part, that emits or will emit regulated pollutants in an attainment or unclassified area. 

[07/20/95; 20.2.74.2 NMAC - Rn, 20 NMAC 2.74.101, 1013 1/02] 

20.2.74.3 STATUTORY AUTHORITY: The Environmental Improvement Board "shall promulgate 

regulations and standards in ... air quality management" (NMSA 1978, section 74-1-8.A) and "the environmental 

improvement board ... shall adopt ... regulations to attain and maintain national ambient air quality standards and 

prevent or abate air pollution ..." (NMSA 1978, section 74-2-5.B). 

[07/20/95; 20.2.74.3 NMAC - Rn, 20 NMAC 2.74.102, 1013 1/02] 

20.2.74.4 DURATION: Permanent. 

[07/20/95; 20.2.74.4 NMAC - Rn, 20 NMAC 2.74.103, 1013 1/02] 

20.2.74.5 EFFECTIVE DATE: July 20, 1995, except where a later date is cited at the end of a section or 

paragraph. 

[07/20/95; 01/01/00; 20.2.74.5 NMAC - Rn, 20 NMAC 2.74.104, 10/31/02] 

[The latest effective date of any section in this Part is 1/22/06.] 

20.2.74.6 OBJECTIVE: The purpose of this Part is to require any person constructing any new major 

stationary source or major modification as defined in this Part, that emits or will emit regulated pollutants in an 

attainment or unclassified area, to obtain a permit from the Department in accordance with the requirements of this 

Part prior to the construction or modification. 

[07/20/95; 20.2.74.6 NMAC - Rn, 20 NMAC 2.74.105, 1013 1/02] 

20.2.74.7 DEFINITIONS: Terms used but not defined in this part shall have the meaning given them by 

20.2.2 NMAC (Definitions) (formerly AQCR 100). As used in this part the following definitions shall apply. 

A. "Actf' means the Federal Clean Air Act, as amended, 42 U. S. C. Sections 7401 et seq. 

B. "Actual emissions" means the actual rate of emissions of a regulated new source review pollutant 

from an emissions unit, as determined in accordance with Paragraphs (2) through (4) of this subsection. 

(1) This definition shall not apply for calculating whether a significant emissions increase has 

occurred, or for establishing a PAL under 20.2.74.320 NMAC. Instead, Subsections G and AQ of this section shall 

apply for those purposes. 

(2) In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at 

which the unit actually emitted the pollutant during a consecutive 24-month period which precedes the particular 

date and which is representative of normal source operation. The department shall allow the use of a different time 

period upon a determination that it is more representative of normal source operation. Actual emissions shall be 

calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or 

combusted during the selected time period. 

(3) The department may presume that source-specific allowable emissions for the unit are equivalent 

to the actual emissions of the unit. 

(4) For any emissions unit that has not begun normal operations on the particular date, actual 

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

C. "Administrator" means the administrator of the U.S. environmental protection agency (EPA) or 

an authorized representative. 

D. "Adverse impact on visibilityf' means visibility impairment which interferes with the 

management, protection, preservation, or enjoyment of the visitor's visual experience of the class I federal area. 

This determination must be made on a case-by-case basis taking into account the geographic extent, intensity, 

duration, frequency, and time of the visibility impairments and how these factors correlate with the following: 1) 

Proposed Revisions to 20.2.74 NMAC 
times of visitor use of the class I federal area; and 2) the frequency and timing of natural conditions that reduce 

visibility. This term does not include effects on integral vistas as defined in 40 CFR 51.301 Definitions. 

E. "Allowable emissions" means the emissions rate of a stationary source calculated using the 

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

operating rate, or hours of operation, or both) and the most stringent of the following: 

(1) the applicable standards as set forth in 40 CFR Parts 60 and 61; 

(2) the applicable state implementation plan emissions limitation, including those with a future 

compliance date; or 

(3) the emissions rate specified as a federally enforceable permit condition, including those with a 

future compliance date. 

F.- "Attainment area" means, for any air pollutant, an area which is shown by monitored data or 

which is calculated by air quality modeling not to exceed any national ambient air quality standard for such 

pollutant, and is so designated under Section 107 (d) (I) (D) or (E) of the act. 

G. "Baseline actual emissions'' means the rate of emissions, in tons per year, of a regulated new 

source review pollutant, as determined in accordance with the following. 

(1) For any existing electric utility steam generating unit, baseline actual emissions means the 

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

period selected by the owner or operator within the 5-year period immediately preceding when the owner or operator 

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

determination that it is more representative of normal source operation. 

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

associated with startups, shutdowns, and malfunctions. 

(b) The average rate shall be adjusted downward to exclude any non-compliant emissions that 

occurred while the source was operating above an emission limitation that was legally enforceable during the 

consecutive 24-month ueriod. 

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

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

emissions units being changed. A different consecutive 24-month period can be used For each regulated new source 

review pollutant. 

(d) The average rate shall not be based on any consecutive 24-month period for which there is 

inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required 

by Subparagraph (b) of this paragraph. 

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

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

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

either the date the owner or operator begins actual construction of the project, or the date a complete permit 

application is received by the department for a permit required either under this part or under a plan approved by the 

administrator, whichever is earlier, except that the 10-year period shall not include any period earlier than November 

15, 1990. 

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

associated with startups, shutdowns, and malfunctions. 

(b) The average rate shall be adjusted downward to exclude any non-compliant emissions that 

occurred while the source was operating above an emission limitation that was legally enforceable during the 

consecutive 24-month period. 

(c) The average rate shall be adjusted downward to exclude any emissions that would have 

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

stationary source been required to comply with such limitations during the consecutive 24-month period. However, 

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

proposed or promulgated under 4.0 CFR Part 63, the baseline actual emissions need only be adjusted if the state has 

taken credit for such emissions reductions in an attainment demonstration or maintenance plan consistent with the 

requirements of 40 CFR 5 1.165(a)(3)(ii)(G). 

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

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

emissions units being changed. A different consecutive 24-month period can be used for each regulated new source 

review pollutant. 

Proposed Revisions to 20.2.74 NMAC 
(e) The average rate shall not be based on any consecutive 24-month period for which there is 

inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required 

by Subparagraphs (b) and (c) of this paragraph. 

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

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

all other purposes, shall equal the unit's potential to emit. 

(4) For a PAL for a stationary source, the baseline actual emissions shall be calculated for existing 

electric utility steam generating units in accordance with the procedures contained in Paragraph (I) of this 

subsection, for other existing emissions units in accordance with the procedures contained in Paragraph (2) of this 

subsection, and for a new emissions unit in accordance with the procedures contained in Paragraph (3) of this 

subsection. 

H. "Baseline area" means all lands designated as attainment or unclassifiable in which the major 

source or major modification would construct or would have an air quality impact equal to or greater than one 

microgram per cubic meter (annual average) of the pollutant for which the minor source baseline date is established. 

The major source or major modification establishes the minor source baseline date (see the definition "minor source 

baseline date" in this part). Lands are designated as attainment or unclassifiable under Section 107(d)(l)(D) or (E) 

of the act within each federal air quality control region in the state of New Mexico. Any baseline area established 

originally for TSP (total suspended particulates) increments shall remain in effect and shall apply for purposes of 

determining the amount of available PM-I 0 increments. A TSP baseline area shall not remain in effect if the 

department rescinds the corresponding minor source baseline date (see "minor source baseline date" in this part). 

I. "Baseline concentration" means that ambient concentration level that exists in the baseline area 

at the time of the applicable minor source baseline date. 

(1) A baseline concentration is determined for each pollutant for which a minor source baseline date 

is established and shall include: 

(a) the actual emissions, as defined in this section, representative of sources in existence on the 

applicable minor source baseline date, except as provided in Paragraph (2) of this subsection; 

(b) the allowable emissions of major stationary sources that commenced construction before 

the major source baseline date, but were not in operation by the applicable minor source baseline date. 

(2) The following will not be included in the baseline concentration and will affect the applicable 

maximum allowable increase(s): 

(a) actual emissions, as defined in this section, from any major stationary source on which 

construction commenced after the major source baseline date; and 

(b) actual emissions increases and decreases, as defined in Subsection B of this section, at any 

stationary source occurring after the minor source baseline date. 

J. "Begin actual construction" means, in general, initiation of physical onsite construction 

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

installation of building supports and foundations, laying underground pipework and construction of permanent 

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

than preparatory activities which mark the initiation of the change. 

K. "Best Available Control Technology (BACT)" means an emissions limitation (including a 

visible emission standard) based on the maximum degree of reduction for each regulated pollutant which would be 

emitted from any proposed major stationary source or major modification, which the secretary determines is 

achievable on a case-by-case basis. This determination will take into account energy, environmental, and economic 

impacts and other costs. The determination must be achievable for such source or modification through application 

of production processes or available methods, systems, and techniques, including &el cleaning, clean fuels, or 

treatment or innovative &el combustion techniques for control of such pollutants. In no event shall application of 

best available control technology result in emissions of any pollutant which would exceed the emissions allowed by 

any applicable standard under 40 CFR Parts 60 and 61. If the secretary determines that technological or economic 

Limitations on the application of measurement methodology to a particular emissions unit would make the 

imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard, or 

combination thereof, may be prescribed instead to satisfy the requirement for the application of best available 

control technology. Such standard shall, to the degree possible, set forth the emissions reduction achievable by 

implementation of such design, equipment, work practice, or operation, and shall provide for compliance by means 

which achieve equivalent results. 

L. "Building, structure, facility, or installation" means all of the pollutant emitting activities 

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

Proposed Revisions to 20.2.74 NMAC 3 
under the control of the same person (or persons under common control). Pollutant-emitting activities shall be 

considered as part of the same industrial grouping if they belong to the same "major group" (i.e., which have the 

same first two digit code) as described in the standard industrial classification (SIC) manual, 1972, as amended by 

the 1977 supplement (U. S. government printing office stock numbers 4101-0066 and 003-005-00176-0, 

respectively) or any superseding SIC manual. 

M. "Class I federal area" means any federal land that is classified or reclassified as "class I" as 

described in 20.2.74.108 NMAC. 

N. "Commence" means, as applied to construction of a major stationary source or major 

modification, that the owner or operator has all necessary preconstruction approvals or permits and has: 

(1) Begun, or caused to begin, a continuous program of actual on-site construction of the source, to 

be completed within a reasonable time; or 

(2) Entered into binding agreements or contractual obligations, which cannot be cancelled or 

modified without substantial loss to the owner or operator, to undertake and complete, within a reasonable time, a 

program of actual construction. 

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

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

emissions. 

P. "Continuous emissions monitoring system (CEMS)" means all of the equipment that may be 

required to meet the data acquisition and availability requirements of this section, to sample, condition (if 

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

Q. "Continuous emissions rate monitoring system (CERMS)" means the total equipment required 

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

R. "Continuous parameter monitoring system (CPMS)" means all of the equipment necessary to 

meet the data acquisition and availability requirements of this section, to monitor process and control device 

operational parameters (for example, control device secondary voltages and electric currents) and other information 

(for example, gas flow rate, 02 or C02 concentrations), and to record average operational parameter value(s) on a 

continuous basis. 

S. "Department" means the New Mexico environment department. 

T. "Electric utility steam generating unit" means any steam electric generating unit that is 

constructed for the purpose of supplying more than one-third of its potential electric output capacity and more than 

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

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

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

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

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

this section. For purposes of this section, there are two types of emissions units as described in the following. 

(1) A new emissions unit is any emissions unit that is (or will be) newly constructed and that has 

existed for less than 2 years from the date such emissions unit first operated. 

(2) An existing emissions unit is any emissions unit that does not meet the requirements in Paragraph 

(1) of this subsection. A replacement unit, as defined in this section, is an existing unit. 

V. "Federal land manager" means, with respect to any lands in the United States, a federal level 

cabinet secretary of a federal level department (e.g. interior dept.) with authority over such lands. 

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

administrator, including: 

(1) those requirements developed pursuant to 40 CFR Parts 60 and 61 ; 

(2) requirements within any applicable state implementation plan; 

(3) any permit requirements established pursuant to 40 CFR 52.21; or 

(4) under regulations approved pursuant to 40 CFR Part 5 1, Subpart I including 40 CFR 5 1.165 and 

40 CFR 5 1.166. 

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

chimney, vent, or other functionally equivalent opening. 

Y. "High terrain" means any area having an elevation nine hundred (900) feet or more above the 

base of a source's stack. 

Z. "Indian governing body" means the governing body of any tribe, band, or group of Indians 

subject to the jurisdiction of the United States and recognized by the United States as possessing power of selfgovernment. 

Proposed Revisions to 20.2.74 NMAC 
AA. "Innovative Control Technology" means any system of air pollution control that has not been 

adequately demonstrated in practice. But such system would have a substantial likelihood of achieving greater 

continuous emissions reduction than any control system in current practice or achieving at least comparable 

reductions at lower cost in terms of energy, economics, or non-air quality environmental impacts. 

AB. "Low terrain" means any area other than high terrain. 

AC. "Lowest achievable emission rate" means, for any source, the more stringent rate of emissions 

based on the following: 

(1) the most stringent emissions limitation which is contained in the implementation plan of any state 

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

demonstrates that such limitations are not achievable; or 

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

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

new or modified emissions units Within the stationary source. In no event shall the application of this term permit a 

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

applicable new source standard of performance. 

AD. "Major modification" means any physical change in or change in the method of operation of a 

major stationary source that would result in: a significant emissions increase (as defined in of this section) of a 

regulated new source review pollutant (as defined in this section); and a significant net emissions increase of that 

pollutant from the major stationary source. Any significant emissions increase (as defined in this section) from any 

emissions units or net emissions increase (as defined in this section) at a major stationary source that is significant 

for volatile organic compounds or nitrogen oxides shall be considered significant for ozone. 

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

(a) routine maintenance, repair, and replacement; 

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

of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of 

a natural gas curtailment plan pursuant to the Federal Power Act; 

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

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

from municipal solid waste; 

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

(i) the source was capable of accommodating before January 6, 1975, unless such change 

would be prohibited under any federally enforceable permit condition which was established after January 6, 1975 

pursuant to 40 CFR 52.2 1 or under regulations approved pursuant to 40 CFR 5 1.165 or 40 CFR 5 1.166; or 

(ii) the source is approved to use under any permit issued under 40 CFR 52.21 or under 

regulations approved pursuant to 40 CFR 5 1.166; 

(f) an increase in the hours of operation or in the production rate, unless such change would be 

prohibited under any federally enforceable permit which was established after January 6, 1975, pursuant to 40 CFR 

52.21 or under regulations approved pursuant to 40 CFR 5 1.165 or 40 CFR 5 1.166; 

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

(h) the installation, operation, cessation, or removal of a temporary clean coal technology 

demonstration project, provided that the project complies with: 

(i) the state implementation plan for the state in which the project is located; and 

(ii) other requirements necessary to attain and maintain the national ambient air quality 

standards during the project and after it is terminated. 

(i) the installation or operation of a permanent clean coal technology demonstration project that 

constitutes repowering, provided that the project does not result in an increase in the potential to emit of any 

regulated pollutant emitted by the unit; this exemption shall apply on a pollutant-by-pollutant basis; 

(j) the reactivation of a very clean coal-fired electric utility steam generating unit. 

(2) This definition shall not apply with respect to a particular regulated new source review pollutant 

when the major stationary source is complying with the requirements under 20.2.74.320 NMAC for a PAL for that 

pollutant. Instead, the definition at Paragraph (8) of Subsection B of 20.2.74.320 NMAC shall apply. 

AE. "Major source baseline date" means: 

(1) in the case of particulate matter and sulfur dioxide, January 6, 1975; and 

(2) in the case of nitrogen dioxide, February 8, 1988. 

AF. "Major stationary source" means the following. 

Proposed Revisions to 20.2.74 NMAC 
(1) Any stationary source listed in table 1 (20.2.74.501 NMAC) which emits, or has the potential to 

emit, emissions equal to or greater than one hundred (100) tons per year of any regulated new source review 

pollutant. 

(2) Any stationary source not listed in table 1 (20.2.74.501 NMAC) and which emits or has the 

potential to emit two hundred fifty (250) tons per year or more of any regulated new source review pollutant. 

(3) Any physical change that would occur at a stationary source not otherwise qualifying under 

Paragraphs (1) or (2) of this subsection if the change would constitute a major stationary source by itself. 

(4) A major source that is major for volatile organic compounds or nitrogen oxides shall be 

considered major for ozone. 

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

purposes of this section whether it is a major stationary source, unless the source belongs to one of the stationary 

source categories found in Table 1 (20.2.74.501 NMAC) or any other stationary source category which, as of August 

7, 1980, is being regulated under Section 1 1 1 or 1 12 of the act. 

AG. "Mandatory class I federal area" means any area identified in the Code of Federal Regulations 

(CFR), 40 CFR Part 81, Subpart D. See 20.2.74.108 NMAC for a list of these areas in New Mexico. 

AH. "Minor source baseline date" means the earliest date after the trigger date on which the owner or 

operator of a major stationary source or major modification subject to 40 CFR 52.21 or to this part submits a 

complete application under the relevant regulations. 

(1) The trigger date is: 

(a) in the case of particulate matter and sulfur dioxide, August 7, 1977; and 

(b) in the case of nitrogen dioxide, February 8, 1988. 

(2) Any minor source baseline date established originally for the TSP (total suspended particulates) 

increments shall remain in effect and shall apply for purposes of determining the amount of available PM-10 

increments. The department may rescind any TSP minor source baseline date where it can be shown, to the 

department 's satisfaction, that the emissions increase from the major stationary source, or the net emissions increase 

from the major modification, responsible for triggering that date, did not result in a Significant amount of PM-I0 

emissions. 

AI. "Natural conditions" includes naturally occurring phenomena that reduce visibility as measured 

in terms of visual range, contrast or coloration. 

AJ. "Necessary preconstruction approvals or permits" means those permits or approvals required 

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

part of the New Mexico state implementation plan. 

AK. "Net emissions increase'' means, with respect to any regulated new source review pollutant 

emitted by a major stationary source, the following. 

(1) The amount by which the sum of the following exceeds zero. 

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

operation at a stationary source as calculated pursuant to Subsection D of 20.2.74.200 NMAC. 

(b) Any other increases and decreases in actual emissions at the major stationary source that 

are contemporaneous with the particular change and are otherwise creditable. Baseline actual emissions for 

calculating increases and decreases under this paragraph shall be determined as provided in Subsection G, except 

that Subparagraph (c) of Paragraph (1) and Subparagraph (d) of Paragraph (2) of Subsection G of this section shall 

not apply. 

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

particular change only if it occurs within the time period five years prior to the commencement of construction on 

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

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

(a) it occurs within the time period five years prior to the commencement of construction on 

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

(b) the department has not relied on it in issuing a permit for the source under regulations 

approved pursuant to this section, which permit is in effect when the increase in actual emissions from the particular 

change occurs. 

(4) An increase or decrease in actual emissions of sulhr dioxide, particulate matter, or nitrogen 

oxides that occurs before the applicable minor source baseline date is creditable only if it is required to be 

considered in calculating the amount of maximum allowable increases remaining available. 

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

emissions exceeds the old level. 

Proposed Revisions to 20.2.74 NMAC 
(6) A decrease in actual emissions is creditable only to the extent that: 

(a) the old level of actual emissions or the old level of allowable emissions, whichever is 

lower, exceeds the new level of actual emissions; 

(b) it is enforceable as a practical matter at and after the time that actual construction on the 

particular change begins; and 

(c) it has approximately the same qualitative significance for public health and welfare as that 

attributed to the increase from the particular change. 

(7) An increase that results from a physical change at a source occurs when the emissions unit on 

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

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

(8) Paragraph (2) of Subsection B of this section shall not apply for determining creditable increases 

and decreases. 

AL. "Nonattainment area" means an area which has been designated under Section 107 of the 

Federal Clean Air Act as nonattainment for one or more of the national ambient air quality standards by EPA. 

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

with limited dismantling and reassembly. 

AN. "Potential to emit" means the maximum capacity of a stationary source to emit a pollutant under 

its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a 

pollutant, including air pollutant 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. 

AO. "Predictive emissions monitoring system (PEMS)" means all of the equipment necessary to 

monitor process and control device operational parameters (for example, control device secondary voltages and 

electric currents) and other information (for example, gas flow rate, 02 or C02 concentrations), and calculate and 

record the mass emissions rate (for example, Ibh) on a continuous basis. 

AP. "Project" means a physical change in, or change in method of operation of, an existing major 

stationary source. 

AQ, "Projected actual emissions" means the maximum annual rate, in tons per year, at which an 

existing emissions unit is projected to emit a regulated new source review pollutant in any one of the 5 years (12- 

month period) following the date the unit resumes regular operation after the project, or in any one of the 10 years 

following that date, if the project involves increasing the emissions unit's design capacity or its potential to emit that 

regulated new source review pollutant, and full utilization of the unit would result in a significant emissions 

increase, or a significant net emissions increase at the major stationary source. In determining the projected actual 

emissions (before beginning actual construction), the owner or operator of the major stationary source: 

(1) shall consider all relevant information, including but not limited to, historical operational data, the 

company's own representations, the company's expected business activity and the company's highest projections of 

business activity, the company's filings with the state or federal regulatory authorities, and compliance plans under 

the approved plan; and 

(2) shall include fugitive emissions to the extent quantifiable and emissions associated with startups, 

shutdowns, and malfunctions; and 

(3) shall exclude, in calculating any increase in emissions that results from the particular project, that 

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

consecutive 24-month period used to establish the baseline actual emissions under Subsection G of this section and 

that are also unrelated to the particular project, including any increased utilization due to product demand growth; 

or, 

(4) in lieu of using the method set out in Paragraphs (1) through (3) of this subsection, may elect to 

use the emissions unit's potential to emit, in tons per year, as defined in Subsection AQ of this section. 

AR. "Regulated new source review pollutant", for purposes of this part, means the following: 

(1) any pollutant for which a national ambient air quality standard has been promulgated and any 

constituents or precursors for such pollutants identified by the administrator (e.g., volatile organic compounds & 

nitrogen oxides are precursors for ozone); 

(2) any pollutant that is subject to any standard promulgated under Section 1 11 of the act; 

(3) any class I or I1 substance subject to a standard promulgated under or established by title VI of the 

act; or 

Proposed Revisions to 20.2.74 NMAC 7 
(4) any pollutant that otherwise is subject to regulation under the act; except that any or all hazardous 

air pollutants either listed in Section 112 of the act or added to the list pursuant to Section 112(b)(2) of the act, 

which have not been delisted pursuant to Section 112(b)(3) of the act, are not regulated new source review pollutants 

unless the listed hazardous air pollutant is also regulated as a constituent or precursor of a general pollutant listed 

under Section 108 of the act. 

AS. "Replacement unit" means an emission unit for which all of the following criteria are met. No 

creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced. 

(1) The emissions unit is a reconstructed unit within the meaning of 40 CFR 60.15(b)(l), or the 

emissions unit completely takes the place of an existing emissions unit. 

(2) The emissions unit is identical to or hnctionally equivalent to the replaced emissions unit. 

(3) The replacement unit does not change the basic design parameter(s) of the process unit. 

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

permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter. If 

the replaced emissions unit is brought back into operation, it shall constitute a new emissions unit. 

AT. "Secondary emissions" means emissions which occur as a result of the construction or operation 

of a major stationary source or major modification, but do not come from the major stationary source or major 

modification itself. For the purpose of this section, 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 major stationary source or major modification. 

Secondary emissions do not include any emissions which come directly from a mobile source, such as emissions 

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

AU. "Secretary" means the cabinet level secretary of the New Mexico environment department or his 

or her successor. 

AV. "Significant" means in reference to a net emissions increase or the potential of a source to emit 

air pollutants, a rate of emission that would equal or exceed any of the rates listed in table 2 (20.2.74.502 NMAC). 

AW. "Significant emissions increase" means, for a regulated new source review pollutant, an increase 

in emissions that is significant (as defined in Subsection AV of this section) for that pollutant. 

AX. "Stationary source" means any building, structure, facility, or installation which emits, or may 

emit, any regulated new source review pollutant. 

AY. "Temporary source" means a stationary source which changes its location or ceases to exist 

within two years from the date of initial start of operations. 

AZ. "Visibility impairment" means any humanly perceptible change in visibility (visual range, 

contrast, coloration) from that which would have existed under natural conditions. 

BA. "Volatile organic compound (VOC)" means any organic compound which participates in 

atmospheric photochemical reactions; that is, any organic compound other than those which the administrator 

designates as having negligible photochemical reactivity. 

[07/20/95; 01/01/00; 20.2.74.7 NMAC - Rn, 20 NMAC 2.74.107, 1013 1/02; A, 1/22/06] 

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

supersedes Air Quality Control Regulation (AQCR) 707, which was originally filed on February 14, 1984, and 

subsequently refiled on July 15, 1986; August 1, 1988; and May 29, 1990. All references to AQCR 707 in any other 

rule shall be understood as a reference to this Part. 

[07/20/95; 20.2.74.8 NMAC - Rn, 20 NMAC 2.74.106, 1013 1/02] 

20.2.74.9 DOCUMENTS: Documents cited in this Part may be viewed at the New Mexico Environment 

Department, Air Quality Bureau, Harold Runnels Building, 1 190 St. Francis Drive, Santa Fe, NM 87503 [2048 

Galisteo St., Santa Fe, NM 875051. 

[07/20/95; 20.2.74.9 NMAC - Rn, 20 NMAC 2.74.109, 1013 1/02] 

20.2.74.10 SEVERABILITY. If any provision of this part, or the application of such provision to any 

person or circumstance, is held invalid, the remainder of this part, or the application of such provision to persons or 

circumstances other than those as to which it is held invalid, shall not be affected thereby. 

[20.2.74.10 NMAC - N, 1/22/06] 

20.2.74.11 CONSTRUCTION. This part shall be liberally construed to carry out its purpose. 

Proposed Revisions to 20.2.74 NMAC 
[20.2.74.1 1 NMAC - N, 1/22/06] 

20.2.74.12 SAVINGS CLAUSE. Repeal or supersession of prior versions of this part shall not affect any 

administrative or judicial action initiated under those prior versions. 

[20.2.74.12 NMAC - N, 1/22/06] 

20.2.74.13 COMPLIANCE WITH OTHER REGULATIONS. Compliance with this part does not relieve 

a person from the responsibility to comply with any other applicable federal, state, or local regulations. 

[20.2.74.13 NMAC - N, 1/22/06] 

20.2.74.14 LIMITATION OF DEFENSE. The existence of a valid permit under this part shall not constitute 

a defense to a violation of any section of this part, except the requirement for obtaining a permit. 

[20.2.74.14 NMAC - N, 1/22/06] 

20.2.74.15 to 20.2.74.107 [RESERVED] 

20.2.74.108 RESTRICTIONS ON AREA CLASSIFICATIONS: 

A. Mandatory Class I Federal areas: 

(1) The following areas which were in existence on August 7, 1977, shall be mandatory Class I 

Federal areas and may not be redesignated: 

(a) International parks (all of them); 

(b) National wilderness areas which exceed 5,000 acres in size; 

(c) National memorial parks which exceed 5,000 acres in size; and 

(d) National parks which exceed 6,000 acres in size. 

(2) Specifically for New Mexico, these areas are: 

(a) Bandelier Wilderness, administered by NPS; 

(b) Bosque del Apache Wilderness, administered by NFWS; 

(c) Carlsbad Caverns National Park, administered by NPS; 

(d) Gila Wilderness, administered by NFS; 

(e) Pecos Wilderness, administered by NFS; 

(f) Salt Creek Wilderness, administered by NFWS; 

(g) San Pedro Parks Wilderness, administered by NFS; 

(h) Wheeler Peak Wilderness, administered by NFS; and 

(i) White Mountain Wilderness, administered by NFS; where: NPS = National Park Service, 

NFWS =National Fish and Wildlife Service, NFS = National Forest Service. 

B. Areas which may be redesignated only as Class 1 or Class 11: 

(1) The following areas may be redesignated only as Class I or 11: 

(a) an area, as of August 7, 1977, which exceeds 10,000 acres in size and is a national 

monument, national primitive area, national preserve, national recreational area, national wild and scenic river, 

national wildlife refuge; or 

(b) a national park or national wilderness area established after August 7, 1977 which exceeds 

10,000 acres in size. 

(2) Specifically for New Mexico, these areas include (but are not necessarily limited to): 

(a) Apache Kid Wilderness, administered by NFS; 

(b) Bandelier National Monument, administered by NPS; 

(c) Bitter Lake National Wildlife Refuge, administered by NFWS; 

(d) Blue Range Wilderness, administered by NFS; 

(e) Bosque del Apache National Wildlife Refuge, administered by NFWS; 

(f) Capitan Mountains Wilderness, administered by NFS; 

(g) Cebolla Wilderness, administered by BLM; 

(h) Chama River Canyon Wilderness, administered by NFS; 

(i) Cruces Basin Wilderness, administered by NFS; 

(j) De-na-zin Wilderness, administered by BLM; 

(k) El Malpais National Monument, administered by NPS; 

(1) Latir Peak Wilderness, administered by NFS; 

(m) Manzano Mountain Wilderness, administered by NFS; 

Proposed Revisions to 20.2.74 NMAC 
(n) San Andres National Wildlife Refuge, administered by NFWS; 

(0) Sandia Mountain Wilderness, administered by NFS; 

(p) Sevilleta National Wildlife Refuge, administered by NFWS; 

(q) West Malpais Wilderness, administered by BLM; 

(r) White Sands National Monument, administered by NPS; and 

(s) Withington Wilderness, administered by NFS; where: NFS =National Forest Service, NPS 

= National Park Service, NFWS =National Fish and Wildlife Service, BLM = Bureau of Land Management. 

[07/20/95; 20.2.74.108 NMAC - Rn, 20 NMAC 2.74.108, 1013 1/02] 

20.2.74.109 to 20.2.74.199 [RESERVED] 

20.2.74.200 APPLICABILITY. 

A. The requirements of this part apply to the construction of any new major stationary source (as 

defined in 20.2.74.7 NMAC) or any project at an existing major stationary source in an area designated as 

attainment or unclassifiable. 

B. The requirements of Sections 300 through 306,400 and 403 of this part apply to the construction 

of any new major stationary source or the major modification of any existing major stationary source, except as this 

part otherwise provides. 

C. No new major stationary source or major modification to which the requirements of Subsections 

A, B, C and D of 20.2.74.300 NMAC, and Sections 301,302,303,304,305,306,400 and 403 of this part apply 

shall begin actual construction without a permit that states that the major stationary source or major modification 

will meet those requirements. 

D. Applicability procedures. 

(1) Except as otherwise provided in Subsections E and F of this section, and consistent with the 

definition of major modification contained in 20.2.74.7 NMAC, a project is a major modification for a regulated 

new source review pollutant if it causes two types of emissions increases - a significant emissions increase (as 

defined in 20.2.74.7 NMAC), and a significant net emissions increase (as defined in Subsections AK and AV of 

20.2.74.7 NMAC). The project is not a major modification if it does not cause a significant emissions increase. If the 

project causes a significant emissions increase, then the project is a major modification only if it also results in a 

significant net emissions increase. 

(2) The procedure for calculating (before beginning actual construction) whether a significant 

emissions increase (i.e., the first step of the process) will occur depends upon the type of emissions units being 

modified, according to Paragraphs (3) through (4) of this subsection. The procedure for calculating (before 

beginning actual construction) whether a significant net emissions increase will occur at the major stationary source 

(i.e., the second step of the process) is contained in the definition in 20.2.74.7 NMAC. Regardless of any such 

preconstruction projections, a major modification results if the project causes a significant emissions increase and a 

significant net emissions increase. 

(3) Actual-to-projected-actual applicability test for projects that involve existing emissions units. A 

significant emissions increase of a regulated new source review pollutant is projected to occur if the sum of the 

difference between the projected actual emissions (as defined in 20.2.74.7 NMAC) and the baseline actual emissions 

(as defined in Paragraphs (1) and (2) of Subsection G of 20.2.74.7 NMAC) for each existing emissions unit, equals 

or exceeds the significant amount for that pollutant (as defined in 20.2.74.7 NMAC). 

(4) Actual-to-potential test for projects that involve construction of a new emissions unit(s). A 

significant emissions increase of a regulated new source review pollutant is projected to occur if the sum of the 

difference between the potential to emit (as defined in 20.2.74.7 NMAC) from each new emissions unit following 

completion of the project and the baseline actual emissions (as defined in Paragraph (3) of Subsection G of 20.2.74.7 

NMAC) of these units before the project equals or exceeds the significant amount for that pollutant (as defined in 

20.2.74.7 NMAC). 

(5) Hybrid test for projects that involve multiple types of emissions units. A significant emissions 

increase of a regulated NSR pollutant is projected to occur if the sum of the emissions increases for each emissions 

unit, using the method specified in Paragraphs (3) and (4) of this subsection as applicable with respect to each 

emissions unit, for each type of emissions unit equals or exceeds the significant amount for that pollutant. For 

example, if a project involves both an existing emissions unit and a new emissions unit, the projected increase is 

determined by summing the values determined using the method specified in Paragraph (3) of this subsection for the 

existing unit and determined using the method specified in Paragraph (4) of this subsection for the new unit. 

Proposed Revisions to 20.2.74 NMAC 10 
E. For any major stationary source for a PAL for a regulated new source review pollutant, the major 

stationary source shall comply with requirements under 20.2.74.320 NMAC. 

[07/20/95; 20.2.74.200 NMAC - Rn, 20 NMAC 2.74.200, 1013 1/02; A, 1/22/06] 

20.2.74.201 EXEMPTIONS: This Part shall not apply to: 

A. Each regulated pollutant emitted for which the area the source proposes to locate in is designated 

as nonattainment; 

B. Sources or modifications that are part of a nonprofit health or nonprofit educational institution and 

are approved by the Secretary; 

C. A portable stationary source which has previously received a permit pursuant to this Part; and 

(1) The owner or operator proposes to relocate the source, and emissions from the source at the new 

location will be temporary; and 

(2) The emissions from the source would not exceed its allowable emission rate; and 

(3) The emissions from the source would not impact any Class I Federal area nor any area where an 

applicable increment is known to be violated; and 

(4) Reasonable notice is given to the Department prior to the relocation identifying the proposed new 

location and probable duration of operation at the new location. Such notice shall be given to the Department not 

less than ten (10) days in advance of the proposed relocation unless a different time interval is previously approved 

by the Department; 

D. A source or modification that would be major only if figitive emissions, to the extent they are 

quantifiable, are considered in calculating the potential to emit or net emissions increase, and the source does not 

belong to: 

(1) Any category in Table 1 of this Part (20.2.74.501 NMAC); or 

(2) Any other stationary source category which as of August 7, 1980 is being regulated under section 

11 l or 112 of the Act. 

[07/20/95; 20.2.74.201 NMAC - Rn, 20 NMAC 2.74.201, 1013 1/02] 

20.2.74.202 to 20.2.74.299 [RESERVED] 

20.2.74.300 OBLIGATIONS OF OWNERS OR OPERATORS OF SOURCES: 

A. Any owner or operator who begins actual construction or operates a source or modification 

without, or not in accordance with, a permit issued under the requirements of this part shall be subject to 

enforcement action. 

B. The issuance of a permit does not relieve any person from the responsibility of complying with the 

provisions of the Air Quality Control Act, sections 74-2-1 to 74-2-17, NMSA 1978; any applicable regulations of 

the board; and any other requirements under local, state, or federal law. 

C. Approval to construct shall become invalid if: 1) construction is not commenced within eighteen 

(1 8) months after receipt of such approval; 2) if construction is discontinued for a period of eighteen (18) months or 

more; or 3) if construction is not completed within a reasonable time. For a phased construction project, each phase 

must commence construction within eighteen (18) months of the projected and approved commencement date. The 

secretary may extend the eighteen (1 8) month period upon a satisfactory showing that an extension is justified. 

D. If a source or modification becomes a major stationary source or major modification solely due to 

a relaxation in any enforceable limitation (which limitation was established after August 7, 1980), on the capacity of 

the source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then this part 

shall apply to the source or modification as though construction had not yet commenced. 

E. The following specific provisions apply to projects at existing emissions units at a major 

stationary source (other than projects at a source with a PAL) in circumstances where the owner or operator elects to 

use the method specified in Paragraphs (I) through (3) of Subsection AQ of 20.2.74.7 NMAC for calculating 

projected actual emissions. 

(1) Before beginning actual construction of the project, the owner or operator shall document and 

maintain a record of the following information: 

(a) a description of the project; 

(b) identification of the emissions unit(s) whose emissions of a regulated new source review 

pollutant could be affected by the project; and 

(c) a description of the applicability test used to determine that the project is not a major 

modification for any regulated new source review pollutant, including the baseline actual emissions, the projected 

Proposed Revisions to 20.2.74 NMAC 
actual emissions, the amount of emissions excluded under Paragraph (3) of Subsection AQ of 20.2.74.7 NMAC and 

an explanation for why such amount was excluded, and any netting calculations, if applicable. 

(2) If the emissions unit is an existing electric utility steam generating unit, before beginning actual 

construction, the owner or operator shall provide a copy of the information set out in Paragraph (1) of this 

subsection to the department. Nothing in this paragraph shall be construed to require the owner or operator of such a 

unit to obtain any determination from the department; however, necessary preconstruction approvals and/or permits 

must be obtained before beginning actual construction. 

(3) The owner or operator shall monitor the emissions of any regulated new source review pollutant 

that could increase as a result of the project and that is emitted by any emissions unit identified in Subparagraph (b) 

of Paragraph (I) of this subsection; and calculate and maintain a record of the annual emissions, in tons per year on 

a calendar year basis, for a period of 5 years following resumption of regular operations after, the change, or for a 

period of 10 years following resumption of regular operations after the change if the project increases the design 

capacity or potential to emit of that regulated new source review pollutant at such emissions unit. 

(4) If the unit is an existing electric utility steam generating unit, the owner or operator shall submit a 

report to the department within 60 days after the end of each year during which records must be generated under 

Subparagraph (c) of Paragraph (I) of this subsection setting out the unit's annual emissions during the calendar year 

that preceded submission of the report.. 

(5) If the unit is an existing unit other than an electric utility steam generating unit, the owner or 

operator shall submit a report to the department if the annual emissions, in tons per year, from the project identified 

in Paragraph (1) of this subsection, exceed the baseline actual emissions (as documented and maintained pursuant to 

Subparagraph (c) of Paragraph (I) of this subsection) by a significant amount (as defined in 20.2.74.7 NMAC) for 

that regulated new source review pollutant, and if such emissions differ from the preconstruction projection as 

documented and maintained pursuant to Subparagraph (c) of Paragraph (I) of this subsection. Such report shall be 

submitted to the department within 60 days after the end of such year. The report shall contain the following: 

(a) the name, address and telephone number of the major stationary source; 

(b) the annual emissions as calculated pursuant to Paragraph (3) of this subsection; and 

(c) any other information that the owner or operator wishes to include in the report (e.g., an 

explanation as to why the emissions differ from the preconstruction projection). 

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

maintained pursuant to Subsection E of this section available for review upon request for inspection by the 

department or the general public pursuant to.the requirements contained in 40 CFR 70.4(b)(3)(viii). 

[07/20/95; 20.2.74.300 NMAC - Rn, 20 NMAC 2.74.300, 10/31/02; A, 1/22/06] 

20.2.74.301 SOURCE INFORMATION: The owner or operator of a proposed source or modification shall 

submit all information necessary to perform any analysis or make any determination required under this Part. 

A. Information shall include, but is not limited to: 

(1) A description of the nature, location, design capacity, and typical operating schedule of the source 

or modification, including specifications and drawings showing the design and plant layout; and 

(2) A detailed schedule of construction of the source or modification; and 

(3) A detailed description of the planned system of continuous emission reduction for the source or 

modification, emission estimates, and other information necessary to determine that Best Available Control 

Technology will be applied. 

B. Upon request by the Department, the owner or operator shall also provide information on: 

(1) The air quality impact of the source or modification, including meteorologic and topographic data 

necessary to estimate such impact; and 

(2) The air quality impacts, and the nature and extent of any or all general commercial, residential, 

industrial, and other growth which has occurred since August 7, 1977 in the area the source or modification would 

affect. 

[07/20/95; 20.2.74.30 1 NMAC - Rn, 20 NMAC 2.74.301, 1013 1/02] 

20.2.74.302 CONTROL TECHNOLOGY REQUIREMENTS: 

A. A new major stationary source shall apply Best Available Control Technology for each regulated 

pollutant that it would have the potential to emit in amounts equal to or greater than the significance levels as listed 

in Table 2 of this Part (20.2.74.502 NMAC). This requirement applies to each proposed emissions unit or operation 

that will emit such pollutant. 

Proposed Revisions to 20.2.74 NMAC 
B. A major modification shall apply Best Available Control Technology for each regulated pollutant 

at the source when a significant net emissions increase occurs as defined in this Part. This requirement applies to 

each proposed emissions unit or operation where a net emissions increase in the pollutant would occur as a result of 

a physical change or change in the method of operation in the unit. 

C. For phased construction projects, the determination of Best Available Control Technology shall be 

reviewed and modified as appropriate at the latest reasonable time but no later than eighteen (18) months prior to 

commencement of construction of each independent phase of the project. At such time, the owner or operator of the 

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

Available Control Technology for the source. 

D. The Department may approve a system of innovative control technology for the major stationary 

source or major modification if: 

(1) The proposed control system would not cause or contribute to an unreasonable risk to public 

health, welfare, or safety in its operation or function; and 

(2) The owner or operator agrees to achieve a level of continuous emissions reduction equivalent to 

that which would have been required under Best Available Control Technology by a date specified by the 

Department. Such date shall not be later than four (4) years from the time of startup or seven (7) years from permit 

issuance; and 

(3) The source or modification would meet the requirements of 20.2.74.302 NMAC and 20.2.74.303 

NMAC based on the emission rate that the system of innovative control technology would be required to meet on 

the date specified by the Department; and 

(4) During the interim period of achieving the permitted emission level, the source or modification . would not: 

(a) Cause or contribute to a violation of an applicable national ambient air quality standard; nor 

(b) Impact any Class I Federal area; nor 

(c) Impact any area where an applicable increment is known to be violated; and 

(5) All other applicable requirements including those for public participation have been met. 

E. The Department shall withdraw any approval to employ a system of innovative control technology 

if: 

(1) The proposed system fails by the specified date to achieve the required continuous emissions 

reduction rate; or 

(2) The proposed system fails before the specified date so as to contribute to an unreasonable risk to 

public health, welfare, or safety; or 

(3) The Department decides at any time that the proposed system is unlikely to achieve the required 

level of control or to protect the public health, welfare, or safety. 

F. If a source or modification fails to meet the required level of continuous emission reduction within 

the specified time period or the approval is withdrawn in accordance with subsection E of 20.2.74.302 NMAC, the 

Department may allow the source or modification up to an additional three (3) years to meet the requirement for the 

application of Best Available Control Technology. This shall be accomplished through use of a demonstrated 

system of control. 

G. If the owner or operator of a major stationary source or major modification previously issued a 

permit under this Part applies for an extension (as provided for under subsection C of 20.2.74.300 NMAC), and the 

new proposed date of construction is greater than eighteen (1 8) months from the date the permit would become 

invalid, the determination of Best Available Control Technology shall be reviewed and modified as appropriate 

before such an extension is granted. At such time, the owner or operator of the applicable stationary source may be 

required to demonstrate the adequacy of any previous determination of Best Available Control Technology for the 

source. 

H. With respect to PMIo, for the case where PMlo emissions cannot be quantified, the Best Available 

Control Technology limitation may be defined in terms of particulate matter emissions. 

[07/20/95; 20.2.74.302 NMAC - Rn, 20 NMAC 2.74.302, 1013 1/02] 

20.2.74.303 AMBIENT IMPACT REQUIREMENTS: 

A. The requirements of this section shall apply to each pollutant emitted by a new major stationary 

source or major modification in amounts equal to or greater than those in Table 2 of this Part (20.2.74.502 NMAC). 

For particulate matter, the source will only be required to perform ambient impact analysis for PMlo when the source 

has the potential to emit significant amounts of PMlo (Table 2,20.2.74.502 NMAC). 

Proposed Revisions to 20.2.74 NMAC 13 
B. The allowable emission increases from the proposed source or modification, including secondary 

emissions, in conjunction with all other applicable emissions increases or reductions, including secondary emissions, 

shall not cause or contribute to air pollution in violation of: 

(1) Any National Ambient Air Quality Standard in any location; or 

(2) Any applicable maximum allowable increase as shown in Table 4 of this Part (20.2.74.504 

NMAC) over the baseline concentrations in any area. 

(3) The owner or operator of the proposed major stationary source or major modification shall 

demonstrate that neither paragraph (1) nor paragraph (2) of 20.2.74.303 NMAC will occur. 

[07/20/95; 20.2.74.303 NMAC - Rn, 20 NMAC 2.74.303, 10/31/02] 

20.2.74.304 ADDITIONAL IMPACT REQUIREMENTS: 

A. The owner or operator of the proposed major stationary source or major modification shall provide 

an analysis of the impairment to visibility, soils, and vegetation that would occur as a result of the source or 

modification and general commercial, residential, industrial, and other growth associated with the source or 

modification. The owner or operator need not provide an analysis of the impact on vegetation having no significant 

commercial or recreational value. The analysis can use data or information available from the Department. 

B. The owner or operator shall also provide an analysis of the air quality impact projected for the area 

as a result of general commercial, residential, industrial, and other growth associated with the source or 

modification. 

[07/20/95; 20.2.74.304 NMAC - Rn, 20 NMAC 2.74.304, 1013 1/02] 

20.2.74.305 AMBIENT AIR QUALITY MODELING: All estimates of ambient concentrations required by 

this Part shall be based on applicable air quality models, data bases, and other requirements as specified in EPA's 

Guideline on Air Quality Models (EPA-45012-78-027R, July, 1986), its revisions, or any superseding EPA 

document, and approved by the Department. Where an air quality impact model specified in the Guideline on Air 

Quality Models is inappropriate, the model may be modified or another model substituted. Any substitution or 

modification of a model must be approved by the Department. Notification shall be given by the Department of 

such a substitution or modification and the opportunity for public comment provided for in fulfilling the public 

notice requirements in subsection B of 20.2.74.400 NMAC. The Department will seek EPA approval of such 

substitutions or modifications. 

[07/20/95; 20.2.74.305 NMAC - Rn, 20 NMAC 2.74.305, 10/31102] 

20.2.74.306 MONITORING REQUIREMENTS: 

A. Any application for a permit under this Part shall contain an analysis of ambient air quality. Air 

quality data can be that measured by the applicant or that available from a government agency in the area affected 

by the major stationary source or major modification. The analysis shall contain the following: 

(1) For a major stationary source, each pollutant for which the potential to emit is equal to or greater 

than the significant emission rates as listed in Table 2 of this Part (20.2.74.502 NMAC); or 

(2) For a major modification, each pollutant that would result in a significant net emission increase. 

B. If no National Ambient Air Quality Standard (NAAQS) for a pollutant exists, and there is an 

acceptable method for monitoring that pollutant, the analysis shall contain such air quality monitoring data as the 

Department determines is necessary to assess ambient air quality for that pollutant. 

C. Continuous air quality monitoring data shall be required for all pollutants for which a National 

Ambient Air Quality Standard exists. Such data shall be submitted to the Department for at least the one (I) year 

period prior to receipt of the permit application. The Department has the discretion to: 

(1) Determine that a complete and adequate analysis can be accomplished with monitoring data 

gathered over a period shorter than one year but not less than four months; or 

(2) Determine that existing air quality monitoring data is representative of air quality in the affected 

area and accept such data in lieu of additional monitoring by the applicant. 

D. Ozone monitoring shall be performed if monitoring data is required for volatile organic 

compounds. Post construction ozone monitoring data may be submitted in lieu of providing preconstruction data as 

required under subsection C of 20.2.74.306 NMAC if the owner or operator of the proposed major source or major 

modification satisfies all the provisions of 40 CFR Part 5 1, Appendix S, Section IV. 

E. The Department may require monitoring of visibility in any Class I Federal area where the 

Department determines that an adverse impact on visibility may occur due primarily to the operations of the 

Proposed Revisions to 20.2.74 NMAC 
proposed new source or modification. Such monitoring shall be conducted following procedures approved by the 

~epartment and subject to the following: 

(1) Visibility monitoring methods specified by the Department shall be reasonably available and not 

require any research and development; and 

(2) The cost of visibility monitoring required by the Department shall not exceed fifty percent (50%) 

of the cost of ambient monitoring required by this Part. If ambient monitoring is not required, the cost shall be 

estimated as if it were required for each pollutant to which this Part applies. 

(3) Both preconstruction and post construction visibility monitoring may be required. In each case, 

the duration of such monitoring shall not exceed one (1) year. 

F. The owner or operator of a major stationary source or major modification shall conduct post 

construction ambient monitoring as the Department determines is necessary to validate attainment of ambient air 

aualitv standards and to assure that increments are not exceeded. , , 

G. The owner or operator of a major stationary source or major modification shall meet the 

requirements of 40 CFR 58, Appendix B during the operation of monitoring stations for purposes of satisfying the 

requirements of this section. 

H. The Department has the discretion to exempt a stationary source or modification from the 

requirements of this section with respect to monitoring for a particular pollutant if the emissions of the pollutant 

from the new source or the net emissions increase of the pollutant fiom the modification would cause, in any area, 

increases in ambient concentrations less than the levels listed in Table 3 of this Part (20.2.74.503 NMAC). 

I. The Department shall exempt a stationary source or modification from the requirements of this 

section with respect to preconstruction monitoring for a particular pollutant if: 

(1) For ozone, volatile organic compound emissions are less than one hundred (I 00) tons per year; or 

(2) The air pollutant is not a regulated pollutant; or 

(3) The existing ambient concentrations of the pollutant in the area affected by the source or 

modification are less than the concentrations listed in Table 3 of this Part (20.2.74.503 NMAC). 

[07/20/95; 20.2.74.306 NMAC - Rn, 20 NMAC 2.74.306, 10/31/02] 

20.2.74.307 TEMPORARY SOURCE EXEMPTIONS: The requirements of 20.2.74.304 NMAC and 

20.2.74.306 NMAC shall not apply to a temporary source subject to this Part for a given pollutant if the allowable 

emissions of such pollutant would not impact any Class I Federal area or any areas where an applicable increment is 

violated and would be temporary. 

[07/20/95; 20.2.74.307 NMAC - Rn, 20 NMAC 2.74.307, 10/31/02] 

20.2.74.308 to 20.2.74.319 [RESERVED] 

20.2.74.320 ACTUALS PLANTWIDE APPLICABILITY LIMITS (PALS) 

A. Applicability. 

(1) The department may approve the use of an actuals PAL for any existing major stationary source if 

the PAL meets the requirements in this section. The term "PAL" shall mean "actuals PAL" throughout this section. 

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

maintains its total source-wide emissions below the PAL level, meets the requirements of this section, and complies 

with the PAL permit: 

(a) is not a major modification for the PAL pollutant; 

(b) does not have to be approved through the requirements of this part; and 

(c) is not subject to the provisions in Subsection D of 20.2.74.300 NMAC (restrictions on 

relaxing enforceable emission limitations that the major stationary source used to avoid applicability of the major 

new source review program). 

(3) Except as provided under Subparagraph (c) of Paragraph (1) of this subsection, a major stationary 

source shall continue to comply with all applicable federal or state requirements, emission limitations, and work 

practice requirements that were established prior to the effective date of the PAL. 

B. Definitions applicable to this section. 

(1) Actuals PAL for a major stationary source means a PAL based on the baseline actual emissions 

(as defined in 20.2.74.7 NMAC) of all emissions units (as defined in 20.2.74.7 NMAC) at the source, that emit or 

have the potential to emit the PAL pollutant. 

(2) Allowable emissions means "allowable emissions" as defined in 20.2.74.7 NMAC, except as this 

definition is modified in accordance with the following. 

Proposed Revisions to 20.2.74 NMAC 
(a) The allowable emissions for any emissions unit shall be calculated considering any 

emission limitations that are enforceable as a practical matter on the emissions unit's potential to emit. 

(b) An emissions unit's potential to emit shall be determined using the definition in 20.2.74.7 

NMAC, except that the words "or enforceable as a practical matter" should be added after "federally enforceable". 

(3) Small emissions unit means an emissions unit that emits or has the potential to emit the PAL 

pollutant in an amount less than the significant level for that PAL pollutant, as defined in Subsection AV of 

20.2.74.7 NMAC or in the act, whichever is lower. 

(4) Major emissions unit means: 

(a) any emissions unit that emits or has the potential to emit 100 tons per year or more of the 

PAL pollutant in an attainment area; or 

(b) any emissions unit that emits or has the potential to emit the PAL pollutant in an amount 

that is equal to or greater than the major source threshold for the PAL pollutant as defined by the act for 

nonattainment areas. For example, in accordance with the definition of major stationary source in Section 182(c) of 

the act, an emissions unit would be a major emissions unit for VOC if the emissions unit is located in a serious 

ozone nonattainment area and it emits or has the potential to emit 50 or more tons of VOC per year. 

(5) Plantwide applicability limitation (PAL) means an emission limitation expressed in tons per year, 

for a pollutant at a major stationary source, that is enforceable as a practical matter and established source-wide in 

accordance with this section. 

(6) PAL effective date generally means the date of issuance of the PAL permit. However, the PAL 

effective date for an increased PAL is the date any emissions unit that is part of the PAL major modification 

becomes operational and begins to emit the PAL pollutant. 

(7) PAL effective period means the period beginning with the PAL effective date and ending 10 years 

later. 

(8) PAL major modification means, notwithstanding the definitions for major modification and net 

emissions increase in 20.2.74.7 NMAC, any physical change in or change in the method of operation of the PAL 

source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL. 

(9) PAL permit means the major new source review permit, the minor new source review permit, or 

the state operating permit under a program that is approved into the plan, or the title V permit issued by the 

department that establishes a PAL for a major stationary source. 

(10) PAL pollutant means the pollutant for which a PAL is established at a major stationary source. 

(11) Significant emissions unit means an emissions unit that emits or has the potential to emit a PAL 

pollutant in an amount that is equal to or greater than the significant level (as defined in Subsection AV of 20.2.74.7 

NMAC or in the act, whichever is lower) for that PAL pollutant, but less than the amount that would qualify the unit 

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

C. Permit application requirements. As part of a permit application requesting a PAL, the owner or 

operator of a major stationary source shall submit the following information to the department for approval. 

(1) A list of all emissions units at the source designated as small, significant or major based on their 

potential to emit. In addition, the owner or operator of the source shall indicate which, if any, federal or state 

applicable requirements, emission limitations, or work practices apply to each unit. 

(2) Calculations of the baseline actual emissions (with supporting documentation). Baseline actual 

emissions are to include emissions associated not only with operation of the unit, but also emissions associated with 

startup, shutdown, and malfunction. 

(3) The calculation procedures that the major stationary source owner or operator proposes to use to 

convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total for 

each month as required by Subsection M of this section. 

D. General requirements for establishing PALS. 

(1) The department may establish a PAL at a major stationary source, provided that at a minimum, 

the following requirements are met. 

(a) The PAL shall impose an annual emission limitation in tons per year, that is enforceable as 

a practical matter, for the entire major stationary source. For each month during the PAL effective period after the 

first 12 months of establishing a PAL, the major stationary source owner or operator shall show that the sum of the 

monthly emissions from each emissions unit under the PAL for the previous 12 consecutive months is less than the 

PAL (a 12-month average, rolled monthly). For each month during the first 11 months from the PAL effective date, 

the major stationary source owner or operator shall show that the sum of the preceding monthly emissions from the 

PAL effective date for each emissions unit under the PAL is less than the PAL. 

Proposed Revisions to 20.2.74 NMAC 16 
(b) The PAL shall be established in a PAL permit that meets the public participation 

requirements in Subsection E of this section. 

(c) The PAL permit shall contain all the requirements of Subsection G of this section. 

(d) The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions 

units that emit or have the potential to emit the PAL pollutant at the major stationary source. 

(e) Each PAL shall regulate emissions of only one pollutant. 

(f) Each PAL shall have a PAL effective period of 10 years. 

(g) The owner or operator of the major stationary source with a PAL shall comply with the 

monitoring, recordkeeping, and reporting requirements provided in Subsections L through N of this section for each 

emissions unit under the PAL through the PAL effective period. 

(2) At no time (during or after the PAL effective period) are emissions reductions of a PAL pollutant 

that occur during the PAL effective period creditable as decreases for purposes of offsets under 40 CFR 

5 1.165(a)(3)(ii) unless the level of the PAL is reduced by the amount of such emissions reductions and such 

reductions would be creditable in the absence of the PAL. 

E. Public participation requirements for PALs. PALs for existing major stationary sources shall 

be established, renewed, or increased, through a procedure that is consistent with 40 CFR 5 1.160 and 161. This 

includes the requirement that the department provide the public with notice of the proposed approval of a PAL 

permit and at least a 30-day period for submittal of public comment. The department must address all material 

comments before taking final action on the permit. 

F. Setting the 10-year actuals PAL level. 

(1) Except as provided in Paragraph (2) of this subsection, the actuals PAL level for a major 

stationary source shall be established as the sum of the baseline actual emissions (as defined in 20.2.74.7 NMAC) of 

the PAL pollutant for each emissions unit at the source; plus an amount equal to the applicable significant level for 

the PAL pollutant under Subsection AV of 20.2.74.7 NMAC or under the act, whichever is lower. When 

establishing the actuals PAL level, for a PAL pollutant, only one consecutive 24-month period must be used to 

determine the baseline actual emissions for all existing emissions units. However, a different consecutive 24-month 

period may be used for each different PAL pollutant. Emissions associated with units that were permanently 

shutdown after this 24-month period must be subtracted from the PAL level. The department shall specify a reduced 

PAL level(s) (in tons/yr) in the PAL permit to become effective on the future compliance date(s) of any applicable 

federal or state regulatory requirement(s) that the department is aware of prior to issuance of the PAL permit. For 

instance, if the source owner or operator will be required to reduce emissions from industrial boilers in half from 

baseline emissions of 60 ppm NOx to a new rule limit of 30 ppm, then the permit shall contain a future effective 

PAL level that is equal to the current PAL level reduced by half of the original baseline emissions of such unit(s). 

(2) For newly constructed units (which do not include modifications to existing units) on which 

actual construction began after the 24-month period, in lieu of adding the baseline actual emissions as specified in 

Paragraph (I) of this subsection, the emissions must be added to the PAL level in an amount equal to the potential to 

emit of the units. 

G. Contents of the PAL permit. The PAL permit shall contain, at a minimum, the following 

information. 

(1) The PAL pollutant and the applicable source-wide emission limitation in tons per year. 

(2) The PAL permit effective date and the expiration date of the PAL (PAL effective period). 

(3) Specification in the PAL permit that if a major stationary source owner or operator applies to 

renew a PAL in accordance with Subsection J of this section before the end of the PAL effective period, then the 

PAL shall not expire at the end of the PAL effective period. It shall remain in effect until a revised PAL permit is 

issued by the department. 

(4) A requirement that emission calculations for compliance purposes include emissions from 

startups, shutdowns and malfunctions. 

(5) A requirement that, once the PAL expires, the major stationary source is subject to the 

reauirements of Subsection I of this section. 

(6) The calculation procedures that the major stationary source owner or operator shall use to convert 

the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total for each 

month as required by Paragraph (1) of Subsection C of this section. 

(7) A requirement that the major stationary source owner or operator monitor all emissions units in 

accordance with the provisions under Subsection M of this section. 

(8) A requirement to retain the records required under Subsection M of this section on site. Such 

records may be retained in an electronic format. 

Proposed Revisions to 20.2.74 NMAC 
(9) A requirement to submit the reports required under Subsection N of this section by the required 

deadlines. 

(10) Any other requirements that the department deems necessary to implement and enforce the PAL. 

H. PAL effective period and reopening of the PAL permit. 

(1) PAL effective period. The PAL effective period shall be 10 years. 

(2) Reopening of the PAL permit. 

(a) During the PAL effective period, the department shall reopen the PAL permit to: 

(i) correct typographical/calculation errors made in setting the PAL or reflect a more 

accurate determination of emissions used to establish the PAL; 

(ii) reduce the PAL if the owner or operator of the major stationary source creates 

creditable emissions reductions for use as offsets under 40 CFR 5 1.165(a)(3)(ii); and 

(iii) revise the PAL to reflect an increase in the PAL as provided under Subsection K of 

this section. 

(b) The department may reopen the PAL permit for the following: 

(i) to reduce the PAL to reflect newly applicable federal requirements (for example, 

NSPS) with compliance dates after the PAL effective date; 

(ii) to reduce the PAL consistent with any other requirement, that is enforceable as a 

practical matter, and that the department may impose on the major stationary source under the plan; and 

(iii) to reduce the PAL if the department determines that a reduction is necessary to avoid 

causing or contributing to a NAAQS or PSD increment violation, or to an adverse impact on an AQRV that has been 

identified for a federal class I area by a federal land manager and for which information is available to the general 

public. 

(c) Except for the permit reopening in Item (i) of Subparagraph (a) of Paragraph (2) of this 

subsection for the correction of typographical/calculation errors that do not increase the PAL level, all reopenings 

shall be carried out in accordance with the public participation requirements of Subsection E of this section. 

I. Expiration of a PAL. Any PAL that is not renewed in accordance with the procedures in 

Subsection J of this section shall expire at the end of the PAL effective period, and the following requirements shall 

apply. 

(1) Each emissions unit (or each group of emissions units) that existed under the PAL shall comply 

with an allowable emission limitation under a revised permit established according to the following procedures. 

(a) Within the time frame specified for PAL renewals in Paragraph (2) of Subsection J of this 

section, the major stationary source shall submit a proposed allowable emission limitation for each emissions unit 

(or each group of emissions units, if such a distribution is more appropriate as decided by the department) by 

distributing the PAL allowable emissions for the major stationary source among each of the emissions units that 

existed under the PAL. If the PAL had not yet been adjusted for an applicable requirement that became effective 

during the PAL effective period, as required under Paragraph (5) of Subsection J of this section, such distribution 

shall be made as if the PAL had been adjusted. 

(b) The department shall decide whether and how the PAL allowable emissions will be 

distributed and issue a revised permit incorporating allowable limits for each emissions unit, or each group of 

emissions units, as the department determines is appropriate. 

(2) Each emissions unit(s) shall comply with the allowable emission limitation on a 12-month rolling 

basis. The department may approve the use of monitoring systems (source testing, emission factors, etc.) other than 

CEMS, CERMS, PEMS or CPMS to demonstrate compliance with the allowable emission limitation. 

(3) Until the department issues the revised permit incorporating allowable limits for each emissions 

unit, or each group of emissions units, as required under Subparagraph (b) of Paragraph (1) of Subsection I of this 

section, the source shall continue to comply with a source-wide, multi-unit emissions cap equivalent to the level of 

the PAL emission limitation. 

(4) Any physical change or change in the method of operation at the major stationary source will be 

subject to major new source review requirements if such change meets the definition of major modification in 

20.2.74.7 NMAC. 

(5) The major stationary source owner or operator shall continue to comply with any New Mexico or 

federal applicable requirements (BACT, RACT, NSPS, etc.) that may have applied either during the PAL effective 

period or prior to the PAL effective period except for those emission limitations that had been established pursuant 

to Subsection D of 20.2.74.300 NMAC, but were eliminated by the PAL in accordance with the provisions in 

Subparagraph (c) of Paragraph (2) of Subsection A of this section. 

J. Renewal of a PAL. 

Proposed Revisions to 20.2.74 NMAC 
(1) The department shall follow the procedures specified in Subsection E of this section in approving 

any request to renew a PAL for a major stationary source, and shall provide both the proposed PAL level and a 

written rationale for the proposed PAL level to the public for review and comment. During such public review, any 

person may propose a PAL level for the source for consideration by the department. 

(2) Application deadline. A major stationary source owner or operator shall submit a timely 

application to the department to request renewal of a PAL. A timely application is one that is submitted at least 6 

months prior to, but not earlier than 18 months from, the date of.permit expiration. This deadline for application 

submittal is to ensure that the permit will not expire before the permit is renewed. If the owner or operator of a major 

stationary source submits a complete application to renew the PAL within this time period, then the PAL shall 

continue to be effective until the revised permit with the renewed PAL is issued. 

(3) Application requirements. The application to renew a PAL permit shall contain the following 

information. 

(a) The information required in Subsection C of this section. 

(b) A proposed PAL level. 

(c) The sum of the potential to emit of all emissions units under the PAL (with supporting 

documentation). 

(d) Any other information the owner or operator wishes the department to consider in 

determining the appropriate level for renewing the PAL. 

(4) PAL adjustment. In determining whether and how to adjust the PAL, the department shall 

consider the options outlined in Subparagraphs (a) and (b) of this paragraph. However, in no case may any such 

adjustment fail to comply with Subparagraph (c) of this paragraph. 

(a) If the emissions level calculated in accordance with Subsection F of this section is equal to 

or greater than 80 percent of the PAL level, the department may renew the PAL at the same level without 

considering the factors set forth in Subparagraph (b) of this paragraph. 

(b) The department may set the PAL at a level that it determines to be more representative of 

the source's baseline actual emissions, or that it determines to be appropriate considering air quality needs, advances 

in control technology, anticipated economic growth in the area, desire to reward or encourage the source's voluntary 

emissions reductions, or other factors as specifically identified by the department in its written rationale. 

(c) Notwithstanding Subparagraphs (a) and (b) of this paragraph: 

(i) if the potential to emit of the major stationary source is less than the PAL, the 

department shall adjust the PAL to a level no greater than the potential to emit of the source; and 

(ii) the department shall not approve a renewed PAL level higher than the current PAL, 

unless the major stationary source has complied with the provisions of Subsection K of this section (increasing a 

PAL). 

(5) If the compliance date for a state or federal requirement that applies to the PAL source occurs 

during the PAL effective period, and if the department has not already adjusted for such requirement, the PAL shall 

be adjusted at the time of PAL permit renewal or title V permit renewal, whichever occurs first. 

K. Increasing a PAL during the PAL effective period. 

(1) The department may increase a PAL emission limitation only if the major stationary source 

complies with the following provisions. 

(a) The owner or operator of the major stationary source shall submit a complete application to 

request an increase in the PAL limit for a PAL major modification. Such application shall identify the emissions 

unit(s) contributing to the increase in emissions so as to cause the major stationary source's emissions to equal or 

exceed its PAL. 

(b) As part of this application, the major stationary source owner or operator shall demonstrate 

that the sum of the baseline actual emissions of the small emissions units, plus the sum of the baseline actual 

emissions of the significant and major emissions units assuming application of BACT equivalent controls, plus the 

sum of the allowable emissions of the new or modified emissions unit(s), exceeds the PAL. The level of control that 

would result from BACT equivalent controls on each significant or major emissions unit shall be determined by 

conducting a new BACT analysis at the time the application is submitted, unless the emissions unit is currently 

required to comply with a BACT or LAER requirement that was established within the preceding 10 years. In such a 

case, the assumed control level for that emissions unit shall be equal to the level of BACT or LAER with which that 

emissions unit must currently comply. 

(c) The owner or operator obtains a major new source review permit for all emissions unit(s) 

identified in Subparagraph (a) of this paragraph, regardless of the magnitude of the emissions increase resulting 

from them (that is, no significant levels apply). These emissions unit(s) shall comply with any emissions 

Proposed Revisions to 20.2.74 NMAC 
requirements resulting from the major new source review process (for example, BACT), even though they have also 

become subject to the PAL or continue to be subject to the PAL. 

(d) The PAL permit shall require that the increased PAL level shall be effective on the day any 

emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant. 

(2) The department shall calculate the new PAL as the sum of the allowable emissions for each 

modified or new emissions unit, plus the sum of the baseline actual emissions of the significant and major emissions 

units (assuming application of BACT equivalent controls as determined in accordance with Subparagraph (b) of 

Paragraph (1) of this subsection), plus the sum of the baseline actual emissions of the small emissions units. 

(3) The PAL permit shall be revised to reflect the increased PAL level pursuant to the public notice 

requirements of Subsection E of this section. 

L. Monitoring requirements for PALS. 

(1) General requirements. 

(a) Each PAL permit must contain enforceable requirements for the monitoring system that 

accurately determines plantwide emissions of the PAL pollutant in terms of mass per unit of time. Any monitoring 

system authorized for use in the PAL permit must be based on sound science and meet generally acceptable 

scientific procedures for data quality and manipulation. Additionally, the information generated by such system 

must meet minimum legal requirements for admissibility in a judicial proceeding to enforce the PAL permit. 

(b) The PAL monitoring system must employ one or more of the four general monitoring 

approaches meeting the minimum requirements set forth in Paragraph (2) of this subsection and must be approved 

by the department. 

(c) Notwithstanding Subparagraph (b) of this paragraph, you may also employ an alternative 

monitoring approach that meets Subparagraph (a) of this paragraph if approved by the department. 

(d) Failure to use a monitoring system that meets the requirements of this section renders the 

PAL invalid. 

(2) The following are acceptable general monitoring approaches when conducted in accordance with 

the minimum requirements in Paragraphs (3) through (9) of this subsection: 

(a) Mass balance calculations for activities using coatings or solvents; 

(b) CEMS; 

(c) CPMS or PEMS; and 

(d) emission factors. 

(3) Mass balance calculations. An owner or operator using mass balance calculations to monitor PAL 

pollutant emissions from activities using coating or solvents shall meet the following requirements: 

(a) provide a demonstrated means of validating the published content of the PAL pollutant that 

is contained in or created by all materials used in or at the emissions unit; 

(b) assume that the emissions unit emits all of the PAL pollutant that is contained in or created 

by any raw material or fuel used in or at the emissions unit, if it cannot otherwise be accounted for in the process; 

and 

(c) where the vendor of a material or fuel, which is used in or at the emissions unit, publishes a 

range of pollutant content from such material, the owner or operator must use the highest value of the range to 

calculate the PAL pollutant emissions unless the department determines there is site-specific data or a site-specific 

monitoring program to support another content within the range. 

(4) CEMS. An owner or operator using CEMS to monitor PAL pollutant emissions shall meet the 

following requirements: 

(a) CEMS must comply with applicable performance specifications found in 40 CFR Part 60, 

Appendix B; and 

(b) CEMS must sample, analyze, and record data at least every 15 minutes while the emissions 

unit is operating. 

(5) CPMS or PEMS. An owner or operator using CPMS or PEMS to monitor PAL pollutant 

emissions shall meet the following requirements: 

(a) the CPMS or the PEMS must be based on current site-specific data demonstrating a 

correlation between the monitored parameter(s) and the PAL pollutant emissions across the range of operation of the 

emissions unit; and 

(b) each CPMS or PEMS must sample, analyze, and record data at least every 15 minutes, or at 

another less frequent interval approved by the department, while the emissions unit is operating. 

(6) Emission factors. An owner or operator using emission factors to monitor PAL pollutant 

emissions shall meet the follow.ing requirements: 

Proposed Revisions to 20.2.74 NMAC 
(a) all emission factors shall be adjusted, if appropriate, to account for the degree of uncertainty 

or limitations in the factors' development; 

(b) the emissions unit shall operate within the designated range of use for the emission factor, 

if applicable; and 

(c) if technically practicable, the owner or operator of a significant emissions unit that relies on 

an emission factor to calculate PAL pollutant emissions shall conduct validation testing to determine a site-specific 

emission factor within 6 months of PAL permit issuance, unless the department determines that testing is not , 

required. 

(7) A source owner or operator must record and report maximum potential emissions without 

considering enforceable emission limitations or operational restrictions for an emissions unit during any period of 

time that there is no monitoring data, unless another method for determining emissions during such periods is 

specified in the PAL pennit. 

(8) Notwithstanding the requirements in Paragraphs (3) through (7) of this subsection, where an 

owner or operator of an emissions unit cannot demonstrate a correlation between the monitored parameter(s) and the 

PAL pollutant emissions rate at all operating points of the emissions unit, the department shall, at the time of permit 

issuance: 

(a) establish default value(s) for determining compliance with the PAL based on the highest 

potential emissions reasonably estimated at such operating point(s); or 

(b) determine that operation of the emissions unit during operating conditions when there is no 

correlation between monitored parameter(s) and the PAL pollutant emissions is a violation of the PAL. 

(9) Revalidation. All data used to establish the PAL pollutant must be revalidated through 

performance testing or other scientifically valid means approved by the department. Such testing must occur at least 

once every 5 years after issuance of the PAL. 

M. Recordkeeping requirements. 

(1) The PAL permit shall require an owner or operator to retain a copy of all records necessary to 

determine compliance with any requirement of this section and of the PAL, including a determination of each 

emissions unit's 12-month rolling total emissions, for 5 years from the date of such record. 

(2) The PAL permit shall require an owner or operator to retain a copy of the following records, for 

the duration of the PAL effective period plus 5 years: 

(a) a copy of the PAL permit application and any applications for revisions to the PAL; and 

(b) each annual certification of compliance pursuant to title V and the data relied on in 

certifying the compliance. 

N. Reporting and notification requirements. The owner or operator shall submit semi-annual 

monitoring reports and prompt deviation reports to the department in accordance with the applicable title V 

operating permit program. The reports shall meet the following requirements. 

(1) Semi-annual report. The semi-annual report shall be submitted to the department within 30 days 

of the end of each reporting period. This report shall contain the following information: 

(a) the identification of owner and operator and the permit number; 

(b) total annual emissions (tons per year) based on a 12-month rolling total for each month in 

the reporting period recorded pursuant to Paragraph (1) of Subsection M of this section; 

(c) all data relied upon, including, but not limited to, any quality assurance or quality control 

data, in calculating the monthly and annual PAL pollutant emissions; 

(d) a list of any emissions units modified or added to the major stationary source during the 

preceding 6-month period; 

(e) the number, duration, and cause of any deviations or monitoring malfunctions (other than 

the time associated with zero and span calibration checks), and any corrective action taken; 

(f) a notification of a shutdown of any monitoring system, whether the shutdown was 

permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully 

operational or replaced with another monitoring system, and whether the emissions unit monitored by the 

monitoring system continued to operate, and the calculation of the emissions of the pollutant or the number 

determined by method included in the permit, as provided by Paragraph (7) of Subsection L of this section; and 

(g) a signed statement by the responsible official (as defined by the applicable title V operating 

permit program) certifying the truth, accuracy, and completeness of the information provided in the report. 

(2) Deviation report. The major stationary source owner or operator shall promptly submit reports of 

any deviations or exceedance of the PAL requirements, including periods where no monitoring is available. A report 

submitted pursuant to 40 CFR 70.6(a)(3)(iii)(B) shall satisfy this reporting requirement. The deviation reports shall 

Proposed Revisions to 20.2.74 NMAC 2 1 
be submitted within the time limits prescribed by the applicable program implementing 40 CFR 70.6(a)(?)(iii)(B). 

The reports shall contain the following information: 

(a) the identification of owner and operator and the permit number; 

(b) the PAL requirement that experienced the deviation or that was exceeded; 

(c) emissions resulting from the deviation or the exceedance; and 

(d) a signed statement by the responsible official (as defined by the applicable title V operating 

permit program) certifying the truth, accuracy, and completeness of the information provided in the report. 

(3) Revalidation results. The owner or operator shall submit to the department the results of any 

\ revalidation test or method within three months after completion of such test or method. 

0. Transition requirements. 

(1) The department may not issue a PAL that does not comply with the requirements in this section 

after the administrator has approved regulations incorporating these requirements into a plan. 

(2) The department may supersede any PAL which was established prior to the date of approval of 

the plan by the administrator with a PAL that complies with the requirements of this section. 

C20.2.74.320 NMAC - N, 1/22/06] 

20.2.74.321 to 20.2.74.399 [RESERVED] 

20.2.74.400 PUBLIC PARTICIPATION AND NOTIFICATION: 

A. The Department shall, within thirty (30) days after receipt of an application, review such 

application and determine whether it is administratively complete or there is any deficiency in the application or 

information submitted. To be deemed administratively complete, the application must meet the requirements of 

20.2.74.301 NMAC in addition to the requirements of 20.2.72 NMAC. If the application is deemed: 

(1) administratively complete, a letter to that effect shall be sent by certified mail to the applicant. 

(2) administratively incomplete, a letter shall be sent by certified mail to the applicant stating what 

additional information or points of clarification are necessary to deem the application administratively complete. 

Upon receipt of the additional information or clarification, the Department shall promptly review such information 

and determine whether the application is administratively complete. 

(3) administratively complete but no permit is required, a letter shall be sent by certified mail to the 

applicant informing the applicant of the determination. 

B. For purposes of determining minor source baseline date pursuant to 40 CFR 5 1 : 

(1) An application is complete when it contains all the information necessary for processing the 

application. Designating an application complete for purposes of 40 CFR 5 I does not preclude the Department from 

requesting or accepting any additional information; and 

(2) In the event that additional information is submitted to remedy any deficiency in the application 

or information submitted, the date of receipt of the application shall be the date on which the Department received 

all required information. 

C. The Department shall: 

(1) Make a preliminary determination whether construction should be approved, approved with 

conditions, or disapproved. 

(2) Make available at the Department district and local office nearest to the proposed source a copy of 

all materials the applicant submitted, a copy of the preliminary determination, and a copy or summary of other 

materials, if any, considered in making the preliminary determination. 

(3) Notify the public by advertisement in a newspaper of general circulation in the area in which the 

proposed source would be constructed: 

(a) Of the application, 

(b) The preliminary determination, 

(c) The degree of increment consumption that is expected from the source or modification, and 

(d) Of the opportunity for comment at a public hearing as well as written public comment. The 

public comment period shall be for thirty (30) days from the date of such advertisement. 

(4) Send a copy of the notice of public comment to: 

(a) The applicant, 

(b) The Administrator, and 

(c) Officials and agencies having jurisdiction over the location where the proposed construction 

would occur as follows: 

(i) Any other state or local air pollution control agencies; 

Proposed Revisions to 20.2.74 NMAC 22 
(ii) The chief executives of the city and county where the source would be located; 

(iii) Any comprehensive regional land use planning agency; and 

(iv) Any state, Federal Land Manager, or Indian governing body whose lands may be 

affected by emissions from the source or modification. 

(5) Provide opportunity for a public hearing for interested persons to appear and submit written or 

oral comments on the air quality impact of the source and other appropriate considerations. 

(6) Consider all written comments submitted within a time specified in the notice of public comment 

and all comments received at any public hearing(s) in making a final decision on the approvability of the 

application. The Department shall make all comments available for public inspection in the same locations where 

the Department made available preconstruction information relating to the source. 

(7) Within one hundred eighty (180) days after an application is deemed administratively complete, 

unless the Secretary, as specified in 20.2.72.207 NMAC, grants an extension not to exceed ninety (90) days for good 

cause: 

(a) make a final determination of whether construction should be approved, approved with 

conditions, or disapproved; and 

(b) notify the applicant in writing of the final determination and make such notification 

available for public inspection at the same location where the Department made available preconstruction 

information and public comments relating to the source. 

[07/20/95; 01/01/00; 20.2.74.400 NMAC - Rn, 20 NMAC 2.74.400, 1013 1/02] 

20.2.74.401 STACK HEIGHT CREDIT: The Department shall review all applications in accordance with 

the provisions of 20.2.80 NMAC (Stack Heights) (formerly Air Quality Control Regulation 710 -- Stack Height 

Requirements). 

[07/20/95; 20.2.74.401 NMAC - Rn, 20 NMAC 2.74.401, 1013 1/02] 

20.2.74.402 EXCLUSIONS FROM INCREMENT CONSUMPTION: Following a public hearing, the 

Secretary may exclude the following concentrations in determining compliance with a maximum allowable increase: 

A. Concentrations due to the increase in emissions from stationary sources, over the emissions from 

such sources before the effective date of an order under sections 2(a) and (b) of the Energy Supply and 

Environmental Coordination Act of 1974 (or any superseding legislation). Sources must have converted from the 

use of petroleum products, natural gas, or both by reason of such order. This exclusion shall not apply more than 

five (5) years after the effective date of such an order; or 

B. Concentrations due to the increase in emissions from sources, over the emissions from such 

sources before the effective date of a plan in effect pursuant to the Federal Power Act. Sources must have converted 

from using natural gas by reason of a natural gas curtailment plan. This exclusion shall not apply more than five (5) 

years after the effective date of such a plan; or 

C. Concentrations of particulate matter due to the increase in emissions from construction or other 

temporary emission-related activities of new or modified sources; or 

D. The increase in concentrations due to new sources outside the United States over the 

concentrations attributed to existing sources which are included in the baseline concentrations. 

[07/20/95; 20.2.74.402 NMAC - Rn, 20 NMAC 2.74.402, 1013 1/02] 

20.2.74.403 ADDITIONAL REQUIREMENTS FOR SOURCES IMPACTING CLASS I FEDERAL 

AREAS: 

A. The Department shall transmit to the Administrator and the Federal Land Manager a copy of each 

permit application relating to a major stationary source or major modification proposing to locate within one 

hundred (1 00) kilometers of any Class I Federal area. The complete permit application shall be transmitted within 

thirty (30) days of receipt and sixty (60) days prior to any public hearing on the application. The Department shall 

include all relevant information in the permit application. Relevant information shall include an analysis of the 

proposed source's anticipated impacts on visibility in the Class I Federal area. The Department shall consult with all 

affected Federal Land Managers as to the completeness of the permit application and shall consider any analysis 

performed by the Federal Land Manager concerning the impact of the proposed major stationary source or major 

modification on air quality related values. This consideration shall include visibility, if such analysis is received 

within thirty (30) days after the Federal Land Manager receives a copy of the complete application. Additionally, 

the Department shall notify any affected Federal Land Manager within thirty days (30) from the date the Department 

receives a request for a pre-application meeting from a proposed source subject to this Part. Notice shall be 

Proposed Revisions to 20.2.74 NMAC 23 
provided to the Administrator and Federal Land Manager of every action related to the consideration of such permit. 

The department shall also provide the Federal Land Manager and the Administrator with a copy of the preliminary 

determination required under 20.2.74.400 NMAC and shall make available to them any materials used in making 

that determination. In any case where the Department disagrees with the Federal Land Manager's analysis of source 

impact on air quality related values, the Department shall, either explain its decision or give notice to the Federal 

Land Manager as to where the explanation can be obtained. In the case where the Department disagrees with the 

Federal Land Managers' analysis, the Department will also explain its decision or give notice to the public by 

advertisement in a newspaper of general circulation in the area in which the proposed source would be constructed, 

as to where the decision can be obtained. 

B. The Department shall transmit to air quality control agencies of neighboring states and Indian 

governing bodies a copy of each permit application having the potential to affect Class I Federal areas or increment 

consumption in areas under their jurisdiction. The Department shall also provide the affected air quality control 

agencies and Indian governing bodies with a copy of the preliminary determination required under 20.2.74.400 

NMAC and shall make available to them any materials used in making that determination. The Department shall 

include a provision for a sixty (60) day comment period for the Federal Land Managers before any public hearing on 

a permit application is held. 

C. Federal Land Managers may demonstrate to the Department that emissions from a proposed 

source or modification would have an adverse impact on air quality related values, including visibility, of any Class 

I Federal lands under their jurisdiction. This may be done even though the change in air quality resulting from 

emissions from the proposed source or modification would not cause or contribute to concentrations which would 

exceed the maximum allowable increases for a Class I Federal area. If the Department concurs with this 

demonstration, then the source shall not be issued a permit. 

D. Class I Waivers: The owner or operator of a proposed source or modification may demonstrate to 

the Federal Land Manager that the emissions from a proposed source or modification would have no adverse impact 

on air quality related values, including visibility, of Class I Federal lands under his or her jurisdiction. This may be 

done even though the change in air quality resulting from emissions from such source or modification would cause 

or contribute to concentrations which would exceed the maximum allowable increases for a Class I Federal area. If 

the Federal Land Manager concurs with such demonstration and so certifies to the Department, the Department may 

grant a waiver from such maximum allowable increases. Emission limitations must be included in the permit as 

necessary to assure that emissions of sulfur dioxide, particulate matter, and nitrogen oxides would not exceed the 

maximum allowable increases over minor source baseline concentrations shown in Table 5 of this Part (20.2.74.505 

NMAC). 

E. For the case where the Federal Land Manager does not perform an impact analysis with respect to 

visibility impairment in a Class I Federal area, the Department may perform such an analysis. The Department shall 

not issue the source a permit if the Department determines that an adverse impact on visibility would occur. The 

adverse impact must be due, primarily, to the operation of the proposed source or modification. 

F. Sulfur Dioxide Waiver by Governor: The owner or operator of a proposed major stationary source 

or major modification, which cannot be approved under subsection D of 20.2.74.403 NMAC, may demonstrate to 

the Governor that the source cannot be constructed by reason of an exceedance of a maximum allowable increase for 

a Class I Federal area for sulfur dioxide for a period of twenty-four (24) hours or less. The owner or operator may 

also demonstrate that a waiver from this requirement would not adversely affect the air quality related values of the 

Class I Federal area. The Governor, after consideration of the Federal Land Manager's recommendation and subject 

to his concurrence, may, after notice and public hearing, grant a waiver from such maximum allowable increase. If 

the waiver is granted, the Department shall issue a permit to the owner or operator of the source or modification. 

Any owner or operator of a source or modification who obtains a permit under this section shall comply with sulfur 

dioxide emissions limitations. These limitations do not allow increases of ambient concentrations, above the 

baseline concentration, to exceed the levels found in Table 6 of this Part (20.2.74.506 NMAC) for periods of twentyfour (24) hours or less for more than eighteen (18) days, not necessarily consecutive, in any annual period. 

G. Sulfur Dioxide Waiver by Govemor with the President's Concurrence. In any case where the 

Governor recommends a waiver in which the Federal Land Manager does not concur, the recommendations of the 

Governor and the Federal Land Manager shall be transmitted to the President through the office of the Govemor. If 

the President so directs, the Department shall issue the permit. Any source or modification that obtains a permit 

under this section shall comply with sulfur dioxide emissions limitations. These limitations do not allow increases 

in ambient concentrations, above the baseline concentration, to exceed the levels found in Table 6 of this Part 

(20.2.74.506 NMAC) for periods of twenty-four (24) hours or less for more than eighteen (1 8) days, not necessarily 

consecutive, in any annual period. 

Proposed Revisions to 20.2.74 NMAC 24 
[07/20/95; 20.2.74.403 NMAC - Rn, 20 NMAC 2.74.403, 1013 1/02] 

20.2.74.404 to 20.2.74.500 [RESERVED] 

20.2.74.501 TABLE 1 - PSD SOURCE CATEGORIES. 

A. Carbon black plants (furnace process) 

B. Charcoal production plants 

C. Chemical process plants 

D. Coal cleaning plants (with thermal dryers) 

E. Coke oven batteries 

F. Fossil fuel boilers (or combinations thereof) totaling more than 250 million BTUhr heat input 

G. Fossil fuel-fired steam electric plants of more than 250 million BTU/hr heat input 

H. Fuel conversion plants 

I. Glass fiber processing plants 

J. Hydrofluoric acid plants 

K. Iron and steel mills 

L. Krafi pulp mills 

M. Lime plants 

N. Municipal incinerators capable of charging more than 50 tons of refuse per day 

0. Nitric acid plants 

P. Petroleum refineries 

Q. Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels 

R. Phosphate rock processing plants 

S. Portland cement plants 

T. Primary aluminum ore reduction plants 

U. Primary copper smelters 

V. Primary lead smelters 

W. Primary zinc smelters 

X. Secondary metal production plants 

Y. Sintering plants 

Z. Sulfur recovery plants 

AA. Sulfuric acid plants 

AB. Taconite ore processing plants 

[07/20/95; 20.2.74.501 NMAC - Rn, 20 NMAC 2.74 Table 1, 1013 1/02; A, 1/22/06] 

20.2.74.502 TABLE 2 - SIGNIFICANT EMISSION RATES: 

Proposed Revisions to 20.2.74 NMAC 25 

POLLUTANT 

Carbon monoxide 

Fluorides 

Lead 

Municipal waste combustor 

Acid gases (measured as sulfur dioxide and hydrogen chloride) 

Metals (measured as particulate matter 

Organics (measured as total tetra- through octa-chlorinated 

dibenzo-p-dioxins and dibenzofurans) 

Nitrogen oxides 

Ozone (as VGC, Volatile Organic Compounds or nitrogen oxides) 

Particulate Matter 

Particulate matter emissions 

PM- I0 emissions 

Sulhr compounds 

Hydrogen sulfide (H2S) 

Reduced sulfur compounds (incl. H2S) 

Sulfur dioxide 

EMISSION RATE (TONSNR) 

100 

3 

0.6 

40 (36 megagramslyear) 

15 (14 megagramslyear) 

0.0000035 (0.0000032 megagramslyr) 

40 

40 @Q€) 

25 

15 

I0 

10 

40 
1 

2 [07/20/95; 20.2.74.502 NMAC - Rn, 20 NMAC 2.74 Table 2, 1013 1/02; A, 1/22/06] 

Sulfuric acid mist 

Total reduced sulfur (incl. H2S) 

Any other pollutant regulated under the act that is not listed in this 

table 

Each regulated pollutant 

7 

10 

Any emission rate 

Emission rate or net emissions increase 

associated with a major stationary source 

or major modification that causes an air 

quality impact of one microgram per 

cubic meter or greater (24-hr average) in 

any class I federal area located within 10 

krn of the source. 

3 

4 20.2.74.503 TABLE 3 - SIGNIFICANT MONITORING CONCENTRATIONS. 

5 

POLLUTANT 

Carbon monoxide 

Fluorides 

Lead 

Nitrogen dioxide 

Ozone 

r a, ubula~b ~uarrbl (1 ~n- A v, 

Sulfur compounds 

Hydrogen sulfide (H2S) 

Reduced sulfur compounds (incl. H2S) 

Sulhr dioxide 

Sulfuric acid mist 

acceptable techniques are available. 

b -No de minimis air quality level ,is provided for ozone. However, any net increase of 100 tons per year or 

Total reduced sulfur (incl. H2S) 

more of volatile organic compounds or nitropen oxides subject to PSD would be required to perform an 

ambient impact analysis, including the gathering of ambient air quality data. 

AIR QUALITY 

CONCENTRATION 

micrograms per cubic meter 

575 

0.25 

0.1 

14 

b 

I u 

0.20 

10 

13 

a 

6 

7 [07/20/95; 20.2.74.503 NMAC - Rn, 20 NMAC 2.74 Table 3, 10/31/02; A, 1/22/06] 

8 

9 20.2.74.504 TABLE 4 - ALLOWABLE PSD INCREMENTS: 

10 

AVERAGING TIME 

8 hours 

24 hours 

3 months 

Annual 

1-7 IIUUI~ 

l hour 

1 hour 

24 hours 

a - No acceptable monitoring techniques available at this time. Therefore, monitoring is not required until 

10 1 hour 

Nitrogen Dioxide 

a - Not to be exceeded more than once a year. 

26 

annual arithmetic mean 

Particulate Matter 

PMIo, annual arithmetic mean 

PMlo, 24-hour maximum 

Sulfur Dioxide 

annual arithmetic mean 

24-hour maximum 

:-hour maximum 

Proposed Revisions to 20.2.74 NMAC 

Micrograms per cubic meter (pg/m') 

2.5 

4 

8" 

2 

5" 

25a 

Class I Class I1 Class 111 

25 

17 

3 0" 

20 

91a 

512" 

50 

34 

60" 

40 

182" 

700a 
1 [07/20/95; 20.2.74.504 NMAC - Rn, 20 NMAC 2.74 Table 4, 10/31/02] 

2 

3 20.2.74.505 TABLE 5 - MAXIMUM ALLOWABLE INCREASES FOR CLASS I WAIVERS: 

4 

[07/20/95; 20.2.74.505 NMAC - Rn, 20 NMAC 2.74 Table 5, 1013 1/02] 

Nitrogen Dioxide 

annual arithmetic mean 

Particulate Matter 

PMlo, annual arithmetic mean 

PMlo, 24-hour maximum 

Sulhr Dioxide 

annual arithmetic mean 

24-hour maximum 

3-hour maximum 

20.2.74.506 TABLE 6 - MAXIMUM ALLOWABLE INCREASE FOR SULFUR DIOXIDE WAIVER 

BY GOVERNOR: 

Micrograms per cubic meter (@m3) 

25 

17 

30 

20 

9 1 

325 

Micrograms per cubic meter (pg/m3) 

Terrain Areas 

Period of Exposure Low High 

24-hr. maximum 36 62 

3-hr. maximum 130 22 1 

[07/20/95; 20.2.74.506 NMAC - Rn, 20 NMAC 2.74 Table 6, 1013 1/02] 

HISTORY OF 20.2.74 NMAC: 

Pre NMAC History: The material in this part was derived from that previously filed with the commission of public 

records - state records center and archives. 

EIBIAQCR 707, Air Quality Control Regulation 707 - Permits, Prevention Of Significant Deterioration (PSD), 

02/14/84; 

EIBIAQCR 707, Air Quality Control Regulation 707 - Permits, Prevention Of Significant Deterioration (PSD), 

0711 5/86; 

EIBIAQCR 707, Air Quality Control Regulation 707 - Permits, Prevention Of Significant Deterioration (PSD), 

08/01/88; 

EIBJAQCR 707, Air Quality Control Regulation 707 - Permits, Prevention Of Significant Deterioration (PSD), 

05/29/90. 

History of Repealed Material: [RESERVED] 

Other History: 

EIBIAQCR 707, Air Quality Control Regulation 707 - Permits, Prevention Of Significant Deterioration (PSD), filed 

05/29/90 was renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.74, Permits -- Prevention Of Significant Deterioration (PSD), filed 06/20/95. 

20 NMAC 2.74, Permits -- Prevention Of Significant Deterioration (PSD), filed 06/20/95 was renumbered, 

reformatted and replaced by 20.2.74 NMAC, Permits -- Prevention Of Significant Deterioration (PSD), effective 

1013 1/02. 

Proposed Revisions to 20.2.74 NMAC 
TITLE 20 ENVIRONMENTAL PROTECTION 

CHAPTER 2 AIR QUALITY (STATEWIDE) 

PART 79 PERMITS - NONATTAINMENT AREAS 

EXHIBIT 1- 

20.2.79.1 ISSUING AGENCY: Environmental Improvement Board. 

[I 1130195; 20.2.79.1 NMAC - Rn, 20 NMAC 2.79.100, 10/31/02] 

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

this Part. 

[I 1130195; 20.2.79.2 NMAC - Rn, 20 NMAC 2.79.101, 10/31/02] 

20.2.79.3 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, sections 74-2- 

5(C)(1) and 74-2-7(A)(I), (B), (C) and (D). 

[I 1130195; 20.2.79.3 NMAC - Rn, 20 NMAC 2.79.102, 1013 1/02] 

20.2.79.4 DURATION: Permanent. 

[I 1130195; 20.2.79.4 NMAC - Rn, 20 NMAC 2.79.103, 1013 1/02] 

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

section or paragraph. 

[I 1130195; A, 10101197; 20.2.79.5 NMAC - Rn, 20 NMAC 2.79.104, 1013 1/02] 

[The latest effective date of any section in this Part is 1/22/06.] 

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

nonattainment area permit. 

[I 1130195; 20.2.79.6 NMAC - Rn, 20 NMAC 2.79.105, 1013 1/02] 

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

part, the following terms apply. 

A. "Actual emissions" means the actual rate of emissions of a regulated new source review pollutant 

from an emissions unit, as determined in accordance with the following, except that this definition shall not apply 

for calculating whether a significant emissions increase has occurred, or for establishing a plantwide applicability 

limit under 20.2.79.120 NMAC. Instead, Subsections E and A1 of this section shall apply for those purposes. 

(1) In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at 

which the unit actually emitted the pollutant during a consecutive 24-month period which precedes the particular 

date and which is representative of normal source operation. The department shall allow the use of a different time 

period upon a determination that it is more representative of normal source operation. Actual emissions shall be 

calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or 

combusted during the selected time period. 

(2) The department may presume that source-specific allowable emissions for the unit are equivalent 

to the actual emissions of the unit. 

(3) For any emissions unit that has not begun normal operations on the particular date, actual 

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

B. "Administrator" means the administrator of the U.S. environmental protection agency (EPA) or 

an authorized representative. 

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

management, protection, preservation, or enjoyment of the visitor's visual experience oT the mandatory federal class 

I area. This determination must be made on a case-by-case basis taking into account the geographic extent, 

intensity, duration, frequency, and time of the visibility impairments and how these factors correlate with: 1) times 

of visitor use of the mandatory federal class I area; and 2) the frequency and timing of natural conditions that reduce 

visibility. This term does not include effects on integral vistas as defined in 40 CFR 51.301 Definitions. 

D. "Allowable emissions" means the emissions rate of a stationary source calculated using the 

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

operating rate, or hours of operation, or both) and the most stringent of the following: 

(1) the applicable standard set forth in 40 CFR Part 60 or 6 1 ; 

Proposed Revisions to 20.2.79 NMAC 
(2) any applicable state implementation plan emissions limitation including those with a future 

compliance date; or 

(3) the emissions rate specified as a federally enforceable permit condition, including those with a 

future compliance date. 

E. "Baseline actual emissions" means the rate of emissions, in tons per year, of a regulated new 

source review pollutant, as determined in accordance with the following. 

(1) For any existing electric utility steam generating unit, baseline actual emissions means the 

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

period selected by the owner or operator within the 5-year period immediately preceding when the owner or operator 

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

determination that it is more representative of normal source operation. 

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

associated with startups, shutdowns, and malfunctions. 

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

occurred while the source was operating above any emission limitation that was legally enforceable during the 

consecutive 24-month period. 

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

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

emissions units being changed. A different consecutive 24-month period can be used for each regulated new source 

review pollutant. 

(d) The average rate shall not be based on any consecutive 24-month period for which there is 

inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required 

by Subparagraph (b) of Paragraph (1) of this subsection. 

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

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

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

either the date the owner or operator begins actual construction of the project, or the date a complete permit 

application is received by the department for a permit required either under this section or under a plan approved by 

the administrator, whichever is earlier, except that the 10-year period shall not include any period earlier than 

November 15, 1990. 

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

associated with startups, shutdowns, and malfunctions. 

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

occurred while the source was operating above an emission limitation that was legally enforceable during the 

consecutive 24-month period. 

(c) The average rate shall be adjusted downward to exclude any emissions that would have 

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

stationary source been required to comply with such limitations during the consecutive 24-month period. However, 

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

proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted if the state has 

taken credit for such emissions reductions in an attainment demonstration or maintenance plan consistent with the 

requirements of Subsection D of 20.2.79.1 15 NMAC. 

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

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

emissions units being changed. A different consecutive 24-month period can be used for each regulated new source 

review pollutant. 

(e) The average rate shall not be based on any consecutive 24-month period for which there is 

inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required 

by Subparagraphs (b) and (c) of Paragraph (2) of this subsection. 

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

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

all other purposes, shall equal the unit's potential to emit. 

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

shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in 

Paragraph (1) of this subsection, for other existing emissions units in accordance with the procedures contained in 

Proposed Revisions to 20.2.79 NMAC 
Paragraph (2) of this subsection, and for a new emissions unit in accordance with the procedures contained in 

Paragraph (3) of this subsection. 

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

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

installation of building support and foundations, laying of underground pipework, and construction of permanent 

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

than preparatory activities which mark the initiation of the change. 

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

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

which would be emitted from any proposed major stationary source or major modification which the department, on 

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

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

systems, and techniques, including fuel cleaning, clean fuels, or treatment or innovative he1 combustion techniques 

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

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

the department determines that technological or economic limitations on the application of measurement 

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

equipment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the 

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

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

compliance by means which achieve equivalent results. 

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

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

under the control of the same person (or persons under common control). Pollutant-emitting activities shall be 

considered as part of the same industrial grouping if they belong to the same "major group" (i.e., which have the 

same two-digit code) as described in the standard industrial classification manual, 1972, as amended by the 1977 

supplement (US. government printing office stock numbers 4101-0066 and 003-005-00 176-0, respectively). 

I. "Commence" as applied to construction of a major stationary source or major modification 

means that the owner or operator has all necessary preconstruction approvals or permits and either has: 

(1) begun, or caused to begin, a continuous program of actual on-site construction of the source, to be 

completed within a reasonable time; or 

(2) entered into binding agreements or contractual obligations, which cannot be cancelled or modified 

without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be 

completed within a reasonable time. 

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

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

in actual emissions. 

K. "Continuous emissions monitoring system" (CEMS) means all of the equipment that may be 

required to meet the data acquisition and availability requirements of this section, to sample, condition (if 

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

L. "Continuous emissions rate monitoring system" (CERMS) means the total equipment required 

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

M. "Continuous parameter monitoring system" (CPMS) means all of the equipment necessary to 

meet the data acquisition and availability requirements of this section, to monitor process and control device 

operational parameters (for example, control device secondary voltages and electric currents) and other information 

(for example, gas flow rate, oxygen or carbon dioxide concentrations), and to record average operational parameter 

value(s) on a continuous basis. 

N. "Electric utility steam generating unit" means any steam electric generating unit that is 

constructed for the purpose of supplying more than one-third of its potential electric output capacity and more than 

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

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

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

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

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

Subsection N of this section. For purposes of this section, there are two types of emissions units. 

Proposed Revisions to 20.2.79 NMAC 
(1) A new emissions unit is any emissions unit which is (or will be) newly constructed and which has 

existed for less than 2 years from the date such emissions unit first operated. 

(2) An existing emissions unit is any emissions unit that does not meet the requirements in Paragraph 

(I) of this subsection. A replacement unit, as defined in this section, is an existing unit. 

P. "Federal class I area" means any Federal land that is classified or reclassified "class I". 

Q. "Federal land manager" means, with respect to any lands in the United States, the secretary of 

the department with authority over such lands. 

R. "Federallv enforceable" means all limitations and conditions which are enforceable by the 

administrator, including those requirements developed pursuant to 40 CFR Parts 60 and 61, requirements within any 

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

regulations approved pursuant to 40 CFR Part 5 1, Subpart I including 40 CFR 5 1.165 and 40 CFR 5 1.166. - 

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

chimney, vent, or other functionally equivalent opening. 

T. "Lowest achievable emission rate" means, for any source, the more stringent rate of emissions 

based on the following: 

(1) the most stringent emissions limitation which is contained in the implementation plan of any state 

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

demonstrates that such limitations are not achievable; or 

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

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

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

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

gppiicable new source standard of performance. 

U. "Major modification" means any physical change in or change in the method of operation of a 

major stationary source that would result in a significant emissions increase of a regulated new source review 

pollutant (as defined in this section); and a significant net emissions increase of that pollutant from the major 

stationary source. Any significant emissions increase (as defined in this section) from any emissions units or net 

emissions increase (as defined in this section) at a major stationary source that is significant for volatile organic 

compounds or oxides of nitrogen shall be considered significant for ozone. 

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

(a) routine maintenance, repair, and replacement; 

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

of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of 

a natural curtailment plan pursuant to the federal Power Act; 

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

Clean Air Act; 

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

from municipal solid waste; 

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

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

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

2 1, 1976 pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 5 1.165 or 40 CFR 5 1.166; or 

(ii) the source is approved to use under any permit issued under 40 CFR 52.21 or under 

regulations approved pursuant to 40 CFR 5 1.166; 

(f) an increase in the hours of operation or in the production rate, unless such change would be 

prohibited under any federally enforceable permit which was established after December 21, 1976, pursuant to 40 

CFR 52.2 1 or under regulations approved pursuant to 40 CFR 5 1.165 or 40 CFR 5 1.166; 

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

(h) the installation, operation, cessation, or removal of a temporary clean coal technology 

demonstration project, provided that the project complies with the state implementation plan for the state in which is 

project is located, and other requirements necessary to attain and maintain the national ambient air quality standards 

during the project and after it is terminated. 

(2) This definition shall not apply with respect to a particular regulated new source review pollutant 

when the major stationary source is complying with the requirements under 20.2.79.120 NMAC for a plantwide 

applicability limit for that pollutant. Instead, the definition at Paragraph (8) of Subsection B of 20.2.79.120 NMAC 

shall apply. 

Proposed Revisions to 20.2.79 NMAC 4 
13) For the purpose of applyino the requirements of Subsection H of 20.2.79.109 NMAC to 

modifications at major stationary sources of nitrogen oxides located in ozone nonattainment areas or in ozone 

transport regions, whether or not subiect to subpart 2, part D, title I of the federal Clean Air Act, any significant net 

emissi&s increase of nitrogen oxides is considered significant for ozone. 

(4) Any physical change in, or change in the method of operation of a maior stationary source of 

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

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

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

ozone nonattainment area that is subiect to subpart 2, part D, title I of the federal Clean Air Act. 

V. "Major stationary source" means the following. 

(1) Any stationary source of air pollutants which emits, or has the potential to emit, 100 tons per year 

or more of any regulated new source review pollutant, except that lower emissions thresholds shall apply in areas 

subject to subpart 2, subpart 3, or subpart 4 of part D, title I of the ...'..--' of the federal Clean 

Air Act, according to Subparagraphs (a) through (0 of this paragraph (20.2.79.7.V.l NMAC). 

(a) 50 tons per year of volatile organic compounds in any serious ozone nonattainment area. 

(b) 50 tons per year of volatile organic compounds in an area within an ozone transport region, 

except for any severe or extreme ozone nonattainment area. 

(c) 25 tons per year of volatile organic compounds in any severe ozone nonattainment area. 

(d) 10 tons per year of volatile organic compounds in any extreme ozone nonattainment area. 

(e) 50 tons per year of carbon monoxide in any serious nonattainment area for carbon 

monoxide, where stationary sources contribute significantly to carbon monoxide levels in the area (as determined 

under rules issued bv the United States environmental protection agency administratorZ, 

(f) 70 tons per year of PM10 in any serious nonattainment area for PM10. 

(2) For the purposes of applying the requirements of Subsection H of 20.2.79.109 NMAC to 

stationary sources of nitrogen oxides located in an ozone nonattainment area or in an ozone transport repion, any 

stationary source which emits, or has the potential to emit, 100 tons per year or more of nitrogen oxides emissions, 

except that the emission thresholds in Subparagraphs (a) through (f) of this paragraph (20.2.79.7.V.2 NMAC) shall 

apply in areas subject to subpart 2 of part D, title I of the federal Clean Air Act. 

(a) 100 tons per vear or more of nitrogen oxides in any ozone nonattainment area classified as 

marginal or moderate. 

(b) 100 tons per vear or more of nitrogen oxides in any ozone nonattainment area classified as 

a transitional. submarginal, or incomolete or no data area, when such area is located in an ozone transDort region. 

(c) 100 tons per year or more of nitrogen oxides in any area designated under section 107(D) if 

the federal Clean Air Act as attainment or unclassifiable for ozone that is located in an ozone transport region. 

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

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

(f) 10 tons per year or more of nitrogen oxides in any extreme nonattainment area for ozone; or 

(2 Any physical change that would occur at a stationary source not qualifying under Paragraph (I) 

or (2) of this definition as a major stationary source, if the change would constitute a major stationary source by 

itself. 

(39 A major stationary source that is major for volatile organic compounds or oxides of nitrogen 

shall be considered major for ozone. 

(45) A stationary source shall not be a major stationary source due to hgitive emissions, to the extent 

they are quantifiable, unless the source belongs to: 

(a) any category in Subsection B of 20.2.79.1 19 NMAC; or 

(b) any other stationary source category which as of August 7, 1980 is being regulated under 

Section 1 1 1 or 1 12 of the federal Clean Air Act. 

(56J A stationary source shall not be a major stationary source due to secondary emissions. 

W. "Mandatory federal class I area" means those federal lands that are international parks, national 

wilderness areas which exceed five thousand (5,000) acres in size, national memorial parks which exceed five 

thousand (5,000) acres in size, and national parks which exceed six thousand (6,000) acres in size, and which were 

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

X. "Natural conditions" includes naturally occurring phenomena that reduce visibility as measured 

in terms of visual range, contrast or coloration. 

Proposed Revisions to 20.2.79 NMAC 
Y. "Necessary preconstruction approvals or permits" means those permits or approvals required 

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

part of the applicable state implementation plan. 

Z. "Net emissions increase". 

(1) With respect to any regulated new source review pollutant emitted by a major stationary source, 

the amount by which the sum of the following exceeds zero: 

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

operation at a stationary source as calculated pursuant to Subsection E of 20.2.79.109 NMAC; and 

(b) any other increases and decreases in actual emissions at the major stationary source that are 

contemporaneous with the particular change and are otherwise creditable; baseline actual emissions for calculating 

increases and decreases shall be determined as provided in Subsection E of this section, except that Subparagraphs 

(c) and (d) of Paragraph (2) of Subsection E of this section shall not apply. 

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

particular change only if it occurs within the time period five years prior to the commencement of construction on 

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

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

(a) it occurs within the time period five years prior to the commencement of construction on 

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

(b) either the department or the administrator has not relied on it in issuing a permit for the 

source under regulations approved pursuant to this section, which permit is in effect when the increase in actual 

emissions from the particular change occurs. 

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

emissions exceeds the old level. 

(5) A decrease in actual emissions is creditable only to the extent that: 

(a) the old level of actual emissions or the old level of allowable emissions whichever is lower, 

exceeds the new level of actual emissions; 

(b) it is enforceable as a practical matter at and after the time that actual construction on the 

particular change begins; 

(c) the department has not relied on it in issuing any permit under regulations approved 

pursuant to 40 CFR Part 5 1 Subpart I or the state has not relied on it in demonstrating attainment or reasonable 

firther progress; and 

(d) it has approximately the same qualitative significance for public health and welfare as that 

attributed to the increase from the particular change. 

(6) An increase that results from a physical change at a source occurs when the emissions unit on 

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

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

(7) Paragraph (1) of Subsection A of this section shall not apply for determining creditable increases 

and decreases or afier a change. 

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

which is calculated by air quality modeling (or other methods determined by the administrator to be reliable) to 

exceed any national ambient air quality standard for such pollutant. Such term includes any area identified under 

Subparagraphs (A) through (C) of Section 107(d)(l) of the federal Clean Air Act. 

AB. "Nonattainment major new source review (NSR) program" means a major source 

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

state implementation plan to implement the requirements of 40 CFR 5 1.165, or a program that implements 40 CFR 

Part 5 I, Appendix S, Sections I through VI. Any permit issued under such a program is a major new source review 

permit. 

AC. "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. 

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

with limited dismantling and reassembly. 

AE. "Potential to emit" means the maximum capacity of a stationary source to emit a pollutant under 

its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a 

pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount 

of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it 

would have on emissions is federally enforceable. 

Proposed Revisions to 20.2.79 NMAC 
AF. "Predictive emissions monitoring system" (PEMS) means all of the equipment necessary to 

monitor process and control device operational parameters (for example, control device secondary voltages and 

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

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

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

20.2.74 NMAC. 

AH. "Project" means a physical change in, or change in the method of operation of, an existing major 

stationary source. 

AI. "Projected actual emissions" means, the maximum annual rate, in tons per year, at which an 

existing emissions unit is projected to emit a regulated new source review pollutant in any one of the 5 years (12- 

month period) following the date the unit resumes regular operation after the project, or in any one of the 10 years 

following that date, if the project involves increasing the emissions unit's design capacity or its potential to emit of 

that regulated new source review pollutant and full utilization of the unit would result in a significant emissions 

increase or a significant net emissions increase at the major stationary source. In determining the projected actual 

emissions before beginning actual construction, the owner or operator of the major stationary source: 

(1) shall consider all relevant information, including but not limited to, historical operational data, the 

company's own representations, the company's expected business activity and the company's highest projections of 

business activity, the company's filings with the state or federal regulatory authorities, and compliance plans under 

the approved plan; and 

(2) shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, 

shutdowns, and malfunctions; and 

(3) shall exclude, in calculating any increase in emissions that results from the particular project, that 

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

consecutive 24-month period used to establish the baseline actual emissions under Subsection E of this section and 

that are also unrelated to the particular project, including any increased utilization due to product demand growth; 

or, 

(4) in lieu of using the method set out in Paragraphs (1) through (3) of this subsection, may elect to 

use the emissions unit's potential to emit, in tons per year, as defined under Subsection AE of this section. 

AJ. "Regulated new source review pollutant", for purposes of this section, means the following: 

(1) nitrogen oxides or any volatile organic compounds; 

(2) any pollutant for which a national ambient air quality standard has been promulgated; e~ 

(3) any pollutant that is a constituent or precursor of a general pollutant listed in Paragraphs (1) or (2) 

of this subsection, provided that a constituent or precursor pollutant may only be regulated under new source review 

as part of regulation of the general pollutant. 

AK. "Replacement Unit" means an emission unit for which all of the following criteria are met. No 

creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced. 

(1) The emissions unit is a reconstructed unit within the meaning of 40 CFR 60.15(b)(l), or the 

emissions unit completely takes the place of an existing emissions unit. 

(2) The emissions unit is identical to or fbnctionally equivalent to the replaced emissions unit. 

(3) The replacement unit does not change the basic design parameter(s) of the process unit. 

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

permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter. If 

the replaced emissions unit is brought back into operation, it shall constitute a new emissions unit. 

AL. "Secondary emissions" means emissions which would occur as a result of the construction or 

operation of a major stationary source or major modification, but do not come from the major stationary source or 

major modification itself. For the purpose of this section, secondary emissions must be specific, well defined, 

quantifiable, and impact the same general area as the stationary source or modification which causes the secondary 

emissions. Secondary emissions include emissions from any offsite support facility which would not be constructed 

or increase its emissions except as a result of the construction or operation of the major stationary source or major 

modification. Secondary emissions do not include any emissions which come directly from a mobile source, such as 

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

AM. "Significant" means: 

(1) In reference to a net emissions increase or the potential of a source to emit any of the following 

pollutants, a rate of emissions that would equal or exceed any of the following rates: carbon monoxide, 100 tons per 

year; nitrogen oxides, 40 tons per year; sulfur dioxide, 40 tons per year; PM-10 emissions, 15 tons per year; ozone, 

40 tons per year of volatile organic compounds or nitrogen oxides; lead, 0.6 tons per year. 

Proposed Revisions to 20.2.79 NMAC 
(2) Notwithstanding the significant emissions rate for ozone in Paragraph (1) of 20.2.79.7.AM 

NMAC, significant means, in reference to an emissions increase or a net emissions increase, any increase in actual 

emissions of volatile orpanic compounds that would result from any physical change in, or change in the method of 

operation of, a maior stationarv source locating in a serious or severe ozone nonattainment area that is subject to 

subpart 2, part D, title I of the federal Clean Air Act, if such emissions increase of volatile organic compounds 

exceeds 25 tons per year. 

(3) For the puruoses of applying the requirements of Subsection H of 20.2.79.109 NMAC to 

modifications at maior stationary sources of nitrogen oxides located in an ozone nonattainment area or in an ozone 

transport region, the significant emission rates and other requirements for volatile organic compounds in Paragraphs 

(I), (2), and (5) of this subsection (20.2.79.7.AM NMAC) shall apply to nitrogen oxides emissions. 

(4) Notwithstanding the significant emissions rate for carbon monoxide under Paragraph (1) of this 

subsection (20.2.79.7.AM NMAC), significant means, in reference to an emissions increase or a net emissions 

increase, any increase in actual emissions of carbon monoxide that would result from any physical change in. or 

change in the method of operation of, a maior stationary source in a serious nonattainment area for carbon monoxide 

if such increase equals or exceeds 50 tons per year, provided the U.S. environmental protection agency administrator 

has determined that stationarv sources contribute significantly to carbon monoxide levels in that area. 

(5) Notwithstanding the significant emissions rates for ozone under Paragraphs (1) and (2) of this 

subsection (20.2.70.7.AM NMAC), any increase in actual emissions of volatile organic compounds from any 

emissions unit at a maior stationary source of volatile orpanic compounds located in an extreme ozone 

nonattainment area that is subject to subpart 2, part D, title I of the federal Clean Air Act shall be considered a 

si~nificant net emissions increase. 

AN. "Significant emissions increase" means, for a regulated new source review pollutant, an increase 

in emissions that is significant (as defined in Subsection AM of this section) for that pollutant. 

AO. "Stationary source" means any building, structure, facility, or installation which emits or may 

emit any regulated new source review pollutant. 

AP. "Temporary source1' means a stationary source which changes its location or ceases to exist 

within one year from the date of initial start of operations. 

AQ. "Visibility impairment" means any humanly perceptible change in visibility (visual range, 

contrast, coloration) from that which would have existed under natural conditions. 

[I 1/30/95; 20.2.79.7 NMAC - Rn, 20 NMAC 2.79.107, 1013 1/02; A, 1/22/06; A, XXlXX/XX] 

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

supersedes Air Quality Control Regulation ("AQCR") 709 -- Permits -- Nonattainment Areas last filed June 25, 

1992, as amended ("AQCR 709"). 

A. All references to AQCR 709 in any other rule shall be construed as a reference to this Part. 

B. The amendment and supersession of AQCR 709 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 709. 

[11/30/95; 20.2.79.8 NMAC - Rn, 20 NMAC 2.79.106, 1013 1/02] 

20.2.79.9 DOCUMENTS: Documents cited in this Part may be viewed at the New Mexico Environment 

Department, Air Quality Bureau, Harold Runnels Building, 1 190 St. Francis Drive, Santa Fe, NM 87505 [2048 

Galisteo St., Santa Fe, NM 875051. 

[I 1/30/95; 20.2.79.9 NMAC - Rn, 20 NMAC 2.79.108, 1013 1/02] 

20.2.79.10 SEVERABILITY. If any provision of this part, or the application of such provision to any person 

or circumstance, is held invalid, the remainder of this part, or the application of such provision to persons or 

circumstances other than those as to which it is held invalid, shall not be affected thereby. 

[20.2.79.10 NMAC - N, 1/22/06] 

20.2.79.11 CONSTRUCTION. This part shall be liberally construed to carry out its purpose. 

[20.2.79.11 NMAC - N, 1/22/06] 

20.2.79.12 SAVINGS CLAUSE. Repeal or supersession of prior versions of this part shall not affect any 

administrative or judicial action initiated under those prior versions. 

[20.2.79.12 NMAC - N, 1/22/06] 

Proposed Revisions to 20.2.79 NMAC 
20.2.79.13 COMPLIANCE WITH OTHER REGULATIONS. Compliance with this part does not relieve 

a person from the responsibility to comply with any other applicable federal, state, or local regulations. 

[20.2.79.13 NMAC - N, 1/22/06] 

20.2.79.14 LIMITATION OF DEFENSE. The existence of a valid permit under this part shall not constitute 

a defense to a violation of any section of this part, except the requirement for obtaining a permit. 

[20.2.79.14 NMAC - N, 1/22/06] 

20.2.79.15 to 20.2.79.108 [RESERVED] 

20.2.79.109 APPLICABILITY. 

A. Any person constructing any new major stationary source or major modification shall obtain a 

permit from the department in accordance with the requirements of this part prior to the start of construction or 

modification if either of the following conditions apply: 

(1) the major stationary source or major modification will be located within a nonattainment area so 

designated pursuant to Section 107 of the federal Clean Air Act and will emit a regulated pollutant for which it is 

major and which the area is designated nonattainment for; or 

(2) the major stationary source or major modification will be located within an area designated 

attainment or unclassifiable pursuant to Section 107 of the federal Clean Air Act and will emit a regulated pollutant 

for which it is major and the ambient impact of such pollutant would exceed any of the significance levels in 

Subsection A of 20.2.79.1 19 NMAC at any location that does not meet any national ambient air quality standard for 

the same pollutant. (See Subsection D of 20.2.79.109 NMAC.) 

B. The requirements of this part apply to each regulated pollutant meeting the criteria of either 

Paragraph (I) or Paragraph (2) of Subsection A of 20.2.79.109 NMAC. 

C. For an area which is nonattainment for ozone, volatile organic compounds and oxides of nitrogen 

are the regulated pollutants which may make this part applicable under the provisions of Paragraph (1) of Subsection 

A of 20.2.79.109 NMAC. 

D. Other requirements. 

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

Subsection A of 20.2.79.109 NMAC shall demonstrate that the source or modification will not cause or contribute to 

a violation of any national ambient air quality standard by meeting the following requirements and no others of this 

part: 

(a) Paragraph (2) of Subsection C of 20.2.79.1 12 NMAC regarding emission offsets; 

(b) Subsection D of 20.2.79.1 12 NMAC regarding a net air quality benefit; 

(c) 20.2.79.1 14 NMAC - Emission Offset Baseline; 

(d) 20.2.79.1 15 NMAC - Emission Offset; and 

(e) 20.2.79.1 17 NMAC - Air Quality Benefit. 

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

A of 20.2.79.109 NMAC and is also a major stationary source or major modification as defined in 20.2.74 NMAC 

(prevention of significant deterioration (PSD)), shall obtain a PSD permit under the provisions of 20.2.74 NMAC. 

E. Applicability procedures. 

(1) Except as otherwise provided in Paragraphs (3) and (4) of this subsection, and consistent with the 

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

causes two types of emissions increases - a significant emissions increase (as defined in Subsection AM of 20.2.79.7 

NMAC), and a significant net emissions increase (as defined in Subsections Z and AM of 20.2.79.7 NMAC). The 

project is not a major modification if it does not cause a significant emissions increase. If the project causes a 

significant emissions increase, then the project is a major modification only if it also results in a significant net 

emissions increase. 

(2) The procedure for calculating (before beginning actual construction) whether a significant 

emissions increase (i.e., the first step of the process) will occur depends upon the type of emissions units being 

modified, according to Paragraphs (3) and (4) of this subsection. The procedure for calculating (before beginning 

actual construction) whether a significant net emissions increase will occur at the major stationary source (i.e., the 

second step of the process) is contained in the definition of net emissions increase. Regardless of any such 

preconstruction projections, a major modification results if the project causes a significant emissions increase and a 

significant net emissions increase. 

Proposed Revisions to 20.2.79 NMAC 9 
(3) Actual-to-projected-actual applicability test for projects that involve existing emissions units. A 

significant emissions increase of a regulated new source review pollutant is projected to occur if the sum of the 

difference between the projected actual emissions and the baseline actual emissions (as defined in Paragraphs (I) 

and (2) of Subsection E of 20.2.79.7 NMAC, as applicable), for each existing emissions unit, equals or exceeds the 

significant amount for that pollutant (as defined in Subsection AM of 20.2.79.7 NMAC). 

(4) Actual-to-potential test for projects that involve construction of a new emissions unit(s). A 

significant emissions increase of a regulated new source review pollutant is projected to occur if the sum of the 

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

baseline actual emissions (as defined in Paragraph (3) of Subsection E of 20.2.79.7 NMAC) of these units before the 

project equals or exceeds the significant amount for that pollutant (as defined in Subsection AM of 20.2.79.7 

NMAC). 

(5) Hybrid test for projects that involve multiple types of emissions units. A significant emissions 

increase of a regulated NSR pollutant is projected to occur if the sum of the emissions increases for each emissions 

unit, using the method specified in Paragraphs (3) and (4) of this subsection as applicable with respect to each 

emissions unit, for each type of emissions unit equals or exceeds the significant amount for that pollutant. For 

example, if a project involves both an existing emissions unit and a new emissions unit, the projected increase is 

determined by summing the values determined using the method specified in Paragraph (3) of this subsection for the 

existing unit and determined using the method specified in Paragraph (4) of this subsection for the new unit. 

(6) For any major stationary source for a PAL for a regulated new source review pollutant, the major 

stationary source shall comply with requirements under 20.2.79.120 NMAC. 

F. The following specific provisions apply to projects at existing emissions units at a major 

stationary source (other than projects at a source with a PAL) in circumstances where the owner or operator elects to 

use the method specified in Paragraphs (1) through (3) of Subsection A1 of 20.2.79.7 NMAC for calculating 

projected actual emissions. 

(1) Before beginning actual construction of the project, the owner or operator shall document and 

maintain a record of the following information: 

(a) a description of the project; 

(b) identification of the emissions unit(s) whose emissions of a regulated new source review 

pollutant could be affected by the project; and 

(c) a description of the applicability test used to determine that the project is not a major 

modification for any regulated new source review pollutant, including the baseline actual emissions, the projected 

actual emissions, the amount of emissions excluded under Paragraph (3) of Subsection A1 of 20.2.79.7 NMAC and 

an explanation for why such amount was excluded, and any netting calculations, if applicable. 

(2) If the emissions unit is an existing electric utility steam generating unit, before beginning actual 

construction, the owner or operator shall provide a copy of the information set out in Paragraph (1) of this 

subsection to the department. Nothing in this paragraph shall be construed to require the owner or operator of such a 

unit to obtain any determination from the department; however, necessary preconstruction approvals and/or permits 

must be obtained before beginning actual construction. 

(3) The owner or operator shall monitor the emissions'of any regulated new source review pollutant 

that could increase as a result of the project and that is emitted by any emissions units identified in Subparagraph (b) 

of Paragraph (1) of this subsection; and calculate and maintain a record of the annual emissions, in tons per year on 

a calendar year basis, for a period of 5 years following resumption of regular operations after the change, or for a 

period of 10 years following resumption of regular operations after the change if the project increases the design 

capacity or potential to emit of that regulated new source review pollutant at such emissions unit. 

(4) If the unit is an existing electric utility steam generating unit, the owner or operator shall submit a 

report to the department within 60 days after the end of each year during which records must be generated under 

Paragraph (3) of this subsection setting out the unit's annual emissions during the year that preceded submission of 

the report. 

(5) If the unit is an existing unit other than an electric utility steam generating unit, the owner or 

operator shall submit a report to the department if the annual emissions, in tons per year, from the project identified 

in Paragraph (I) of this subsection, exceed the baseline actual emissions (as documented and maintained pursuant to 

Subparagraph (c) of Paragraph (I) of this subsection, by a significant amount (as defined in Subsection AM of 

20.2.79.7 NMAC) for that regulated new source review pollutant, and if such emissions differ from the 

preconstruction projection as documented and maintained pursuant to Subparagraph (c) of Paragraph (1) of this 

subsection. Such report shall be submitted to the department within 60 days after the end of such year. The report 

shall contain the following: 

Proposed Revisions to 20.2.79 NMAC 
(a) the name, address and telephone number of the major stationary source; 

(b) the annual emissions as calculated pursuant to Paragraph (3) of this subsection; and 

(c) any other information that the owner or operator wishes to include in the report (e.g., an 

explanation as to why the emissions differ from the preconstruction projection). 

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

maintained pursuant to Subsection F of this section (20.2.79.109 NMAC) available for review upon a request for 

inspection by the department or the general public pursuant to the requirements contained in 40 CFR 

70.4(b)(3)(viii). 

H. The requirements of this section (20.2.79.109 NMAC) applicable to maior stationary sources and 

major modifications of volatile organic compounds shall apply to nitrogen oxides emissions from maior stationary 

sources and maior modifications of nitrogen oxides in an ozone transport region or in any ozone nonattainment area, 

except in ozone nonattainment areas or in portions of an ozone transport region where the U.S. Environmental 

Protection Agency administrator has granted a NOvwaiver applying the standards set forth under section 182(f) of 

the federal Clean Air Act and the waiver continues to apply. 

I. In meeting the emissions offset requirements of Section 115 of 20.2.79 NMAC for ozone 

nonattainment areas that are subiect to subpart 2, part D, title I of the clean air act, the ratio of total actual emissions 

reductions of VOC to the emissions increase of VOC shall be as follows; 

(1) In any marginal nonattainment area for ozone, at least 1.1 : 1 ; 

(2) In any moderate nonattainment area for ozone, at least 1.15: 1 ; 

(3) In any serious nonattainment area for ozone, at least 1.2: 1 ; 

(4) In any severe nonattainment area for ozone, at least 1.3: 1 (except that the ratio may be at least 

1.2: 1 if the approved state implementation plan also requires all existing major sources in such nonattainment area to 

use BACT for the control of VOC); and 

(5) In any extreme nonattainment area for ozone, at least 1.5: 1 (except that the ratio may be at least 

1.2:l if the approved state implementation plan also requires all existing maior sources in such nonattainment area to 

use BACT for the control of VOC. 

J. Notwithstanding the requirements of Para~raph (I) of 20.2.79.1 NMAC for meeting the 

requirements of Section 1 15 of 20.2.79 NMAC. the ratio of total actual emissions reductions of VOC to the 

emissions increase of VOC shall be at least 1.15: 1 for all areas within an ozone transport region that is subiect to 

subpart 2, part D title I of the federal Clean Air Act, except for serious. severe, and extreme ozone nonattainment 

areas that are subject to subpart 2, part D, title I of the federal Clean Air Act. 

K. Meeting the emissions offset requirements of Section 115 of 20.2.79 NMAC for ozone 

nonattainment areas that are subiect to subpart 1. part D, title I of the clean air act, including 8-hour ozone 

nonattainment areas subject to 40 CFR 5 1.902(b), the ratio of total actual emissions increase of VOC shall be at least 

- 1:l. 

L. The requirements of Section 109 of 20.2.79 NMAC auulicable to maior stationary sources and 

maior modifications of PM10 shall also apply to maior stationary sources and maior modifications of PMIO 

precursors except where the US. Environmental Protection A~encv administrator determines that such sources do 

not contribute significantly to PMlO levels that exceed the PMlO ambient standards in the area. 

[I 1130195; 20.2.79.109 NMAC - Rn, 20 NMAC 2.79.109, 1013 1/02; A, 1/22/06; A, XXJWXX] 

20.2.79.110 SOURCE OBLIGATION: 

A. The requirements of this Part shall apply as though construction had not yet commenced at the 

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

enforceable limitation established after August 7, 1980. 

B. The issuance of a permit by the Department shall not relieve any owner or operator of the 

responsibility to comply with the provisions of the Air Quality Control Act, sections 74-2-1 to 74-2-17, NMSA 

1978, any applicable regulations of the Board, and any other requirements under local, state, or federal law. 

C. Any owner or operator who commences construction or operates a major stationary source or 

major modification without, or not in accordance with, a permit issued under the requirements of this Part shall be 

subject to enforcement action. 

D. Approval to construct shall become invalid if construction is not commenced within 18 months 

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

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

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

period upon a satisfactory showing that an extension is justified. 

Proposed Revisions to 20.2.79 NMAC 11 
E. For phased construction projects, the determination of the lowest achievable emission rate shall be 

reviewed and modified as appropriate at the latest reasonable time, but no later than 18 months prior to 

commencement of construction of each independent phase of the project. At such time, the owner or operator of the 

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

achievable emission rate. 

F. If the owner or operator previously issued a permit under this Part applies for an extension as 

provided for under subsection D of 20.2.79.1 10 NMAC, and the new proposed date of construction is greater than 

18 months from the date the permit would become invalid, the determination of lowest achievable emission rate 

shall be reviewed and modified as appropriate before such an extension is granted. At such time, the owner or 

operator may be required to demonstrate the adequacy of any previous determination of lowest achievable emission 

rate. 

[I 1130195; 20.2.79.1 10 NMAC - Rn, 20 NMAC 2.79.1 10, 10/31/02] 

20.2.79.111 APPLICATION CONTENTS: The owner or operator of a proposed major stationary source or 

major modification shall submit all information necessary to perform any analysis or make any determination 

required under this Part. The items of this section are required before the Department may deem an application 

administratively complete. All applications shall include: 

A. All information required by subsection A of 20.2.72.203 MAC; and 

B. A detailed schedule for construction of the major stationary source or major modification; and 

C. A detailed description of the planned system of continuous emission reduction to be implemented, 

emission estimates, and other information necessary to demonstrate that the lowest achievable emission rate or any 

other applicable emission limitation will be maintained 

[I 1/30/95; A, 01/01/00; 20.2.79.1 11 NMAC - Rn, 20 NMAC 2.79.1 11, 10/31/02] 

20.2.79.112 SOURCE REQUIREMENTS: In order for a permit to be granted, all of the following 

conditions shall be met: 

A. The major stationary source or major modification shall be designed such that the lowest 

achievable emission rate (LAER) will be met and maintained for each pollutant emitted which is subject to this Part; 

B. The owner or operator of the proposed new or modified source has demonstrated that all existing 

major stationary sources owned or operated by such person (or any entity controlling, controlled by, or under 

common control with such person) in this state are in compliance with, or on a schedule for compliance, with all 

applicable emission limitations and standards, under the Federal Act, and all conditions in a federally enforceable 

permit; 

C. Emission Reductions: 

(1) Emission reductions (offsets) at existing sources shall occur prior to or concurrent with the start of 

operation of the proposed major stationary source or major modification for each pollutant emitted which is subject 

to this Part. As a general rule, such offsets shall be at least twenty percent (20%) greater than the allowable 

emissions of the proposed new major stationary source or major modification, and shall assure that the total tonnage 

of increased emissions of the air pollutant from the new or modified source shall be offset by an equal or greater 

reduction in the actual emissions of such air pollutant from the same or other sources in the area. An offset less than 

twenty percent (20%) but at least ten percent (lo%, or 1 :I .I ratio), may be allowed if reasonable progress toward the 

atta'inment of the applicable NAAQS will be achieved. A higher level of offset reduction may be required in order 

to demonstrate that a net air quality benefit will occur; or 

(2) A new major stationary source or major modification which is subject to the requirements of 

subsection D of 20.2.79.109 NMAC shall obtain sufficient emission reductions to, at a minimum, compensate for its 

adverse ambient impact where the major stationary source or major modification would otherwise cause or 

contribute to a violation of any national ambient air quality standard. 

D. Emission offsets shall provide a net air quality benefit in the area where the national ambient air 

quality standard for that pollutant is violated; and 

E. The owner or operator of the proposed major stationary source or major modification has 

conducted an analysis of alternative sites, sizes, production processes, and environmental control techniques for such 

proposed source which demonstrates that benefits of the proposed source significantly outweigh the environmental 

and social costs imposed as a result of its location, construction, or modification. 

F. The proposed major stationary source or major modification will meet all applicable emission 

requirements in the New Mexico State Implementation Plan, any applicable new source performance standard in 40 

CFR Part 60, and any national emission standard for hazardous air pollutants in 40 CFR Part 6 1. 

Proposed Revisions to 20.2.79 NMAC 12 
[I 1130195; A, 10101197; 20.2.79.1 12 NMAC - Rn, 20 NMAC 2.79.1 12, 10/31/02] 

20.2.79.113 ADDITIONAL REQUIREMENTS FOR SOURCES IMPACTING MANDATORY 

FEDERAL CLASS I AREAS: 

A. The requirements of this section apply only to proposed major stationary sources or major 

modifications that meet the criteria of paragraph (I) of subsection A of 20.2.79.109 NMAC and that also are major 

stationary sources or major modifications as defined in 20.2.74 NMAC. A major stationary source or major 

modification which meets the criteria of paragraph (2) of subsection A of 20.2.79. I09 NMAC may be subject to 

requirements for Federal Class I Areas in 20.2.74 NMAC if that Part applies. 

B. The Department shall transmit to the Administrator and any affected Federal Land Manager a 

copy of each permit application and any information relevant to any proposed major stationary source or major 

modification which may have an impact on visibility in any mandatory Federal Class I area. Relevant information 

will include an analysis of the proposed source's anticipated impacts on visibility in the Federal Class I area. The 

application shall be transmitted within thirty (30) days of receipt by the Department and at least sixty (60) days prior 

to any public hearing on the application. Additionally, the Department shall notify any affected Federal Land 

Manager within thirty (30) days from the date the Department receives a request for a pre-application meeting from 

a proposed source subject to this Part. The Department shall consult with the affected Federal Land Manager prior 

to making a determination of completeness for any such permit application. The Department shall also provide the 

Federal Land Manager and the Administrator with a copy of the preliminary determination on the permit application 

and shall make available to them any materials used in making that determination. 

C. The owner or operator of any proposed major stationary source or major modification which may 

have an impact on visibility in a mandatory Federal Class I area shall include in the permit application an analysis of 

the anticipated impacts on visibility in such areas. 

D. The Department may require monitoring of visibility in any mandatory Federal Class I area where 

the Department determines an adverse impact on visibility may occur due to the operations of the proposed new 

source or modification. Such monitoring shall be conducted following procedures approved by the Department and 

subject to the following conditions: 

(1) Visibility monitoring methods specified by the Department shall be reasonably available and not 

require any research and development; and 

(2) Both preconstruction and post construction visibility monitoring may be required. In each case, 

the duration of such monitoring shall not exceed one year. 

E. The Department shall consider any analysis with respect to visibility impacts provided by the 

Federal Land Manager if it is received within thirty (30) days from the date a complete application is given to the 

Federal Land Manager. In any case where the Department disagrees with the Federal Land Manager's analysis, the 

Department shall either explain its decision to the Federal Land Manager or give notice as to where the explanation 

can be obtained. In the case where the Department disagrees with the Federal Land Manager's analysis, the 

Department will also explain its decision or give notice to the public by means of an advertisement in a newspaper 

of general circulation in the area in which the proposed source would be constructed as to where the decision can be 

obtained. 

F. In making its determination as to whether or not to issue a permit, the Department shall ensure that 

the source's emissions will be consistent with making reasonable progress toward the national visibility goal of 

preventing any future impairment of visibility in mandatory Federal Class I areas. The Department may take into 

account the costs of compliance, the time necessary for compliance, the energy and non-air quality environmental 

impacts of compliance, and the useful life of the source. 

[I 1130195; 20.2.79.1 13 NMAC - Rn, 20 NMAC 2.79.113, 10131/02] 

20.2.79.114 EMISSION OFFSET BASELINE: The baseline for determining credit for emission offsets 

shall be the most stringent emissions limitation pursuant to a New Mexico air quality regulation or federally 

enforceable permit which is applicable and in effect at the time the application to construct is filed. If neither a state 

air quality regulation nor a federally enforceable permit contains an emissions limitation for the source, the baseline 

shall be the actual emissions of the source from which offset credit is obtained. Where a source is subject to an 

emission standard established in a New Source Performance Standard (NSPS) or a National Emission Standard for 

Hazardous Air Pollutants (NESHAPS) and a different State Implementation Plan or permit limitation, including any 

emission limitation used in demonstrating reasonable further progress, the more stringent emission standard shall be 

used as the baseline for determining credit for emission offsets. 

[I 1130195; 20.2.79.1 14 NMAC - Rn, 20 NMAC 2.79.1 14, 1013 1/02] 

Proposed Revisions to 20.2.79 NMAC 13 
20.2.79.115 EMISSION OFFSETS. All emission offsets approved by the department shall meet the 

following criteria. 

A. All emission reductions claimed as offset credit shall be from decreases of the same pollutant for 

which the offset is required. 

B. All emission reductions claimed as offset credit shall occur prior to or concurrent with the start of 

operation of the proposed source. In addition, past reductions must have occurred later than the date upon which the 

aiea became n~~attainlnent in order to be creditable. 

C. For the case where emission reductions claimed as offset credit occur at the source subject to this 

part, such reductions shall be a condition required by a federally enforceable permit. For the case where emission 

reductions claimed as offset credit occur at a neighboring source, such reductions shall be incorporated as 

modifications to pertinent federally enforceable permits held by the neighboring source. If the neighboring source 

has no relevant permits, the reductions shall be approved as a revision to the state implementation plan by the board. 

D. Offset credit for any emissions reduction can be claimed only to the extent that the department or 

U.S. EPA has not relied on it in previously issuing any permit or in demonstrating attainment or reasonable hrther 

progress. 

E. No emissions reduction credit shall be allowed for replacing one volatile organic compound with 

another of lesser reactivity, except as approved by the U.S. EPA reactivity guidance found at 42 Federal Register 

353 14, (1977), and any amendments thereto. 

F. Emission reduction credit may be allowed for a source permanently curtailing production or 

operating hours below baseline levels provided that the work force to be affected has been notified of the 

curtailment. 

(1) Emissions reductions achieved by shutting down an existing sewee emission unit or curtailing 

production or operating hours below baseline levels may be generally credited for offsets if such reductions are 

permanent, quantifiable, and federally enforceable- EPA w. In 

addition, the shutdown or curtailment is creditable only if it occurred 

-after the date of the most recent emissions inventory used in them 

implementationlan's demonstration of attainment. 

However, in no event may credit be given for shutdowns which occurred prior to August 7, 1977. For purposes of 

this paragraph, a permitting authority may choose to consider a prior shutdown or curtailment to have occurred after . . the date of P the base year inventory, if the proiected inventory used to develop the . . . . attainment demonstration explicitly includes .* the emissions from such previously 

shutdown or curtailed emission units. 

(2) Such reductions may be credited in the absence of an approved attainment demonstration only if 

the shutdown or curtailment occurred on or after the date the new source pennit application is filed, or, if the 

applicant can establish that the proposed new wwee emission unit is a replacement for the shutdown or curtailed 

sewe emission unit, and th- provisions of Paragraph (1) of this subsection (20.2.79.7.F NMAC) are 

observed. 

G. Where the most stringent emissions limit which is applicable allows greater emissions than the 

potential to emit of the offsetting source, emission offset credit will be allowed only for control below the potential 

to emit of the source. 

H. The emission limit for determining emission offset credit involving an existing fbel combustion 

source shall be the most stringent emission standard which is applicable for this source for the type of fbel being 

burned at the time the permit application is filed. If the existing source commits to switch to a cleaner fuel, emission 

offset credit based on the difference between the allowable emissions of the fuels involved shall be acceptable only 

if an alternative control measure, which would achieve the same degree of emission reduction should the source 

switch back to a fuel which produces more pollution, is specified in a permit issued by the department. 

I. The owner or operator desiring to utilize an emission reduction as an offset shall submit to the 

department the following information: 

(1) a detailed description of the process to be controlled and the control technology to be used; and 

(2) emission calculations showing the types and amounts of actual emissions to be reduced; and 

(3) the effective date of the reduction. 

J. Source shutdowns and curtailments in production or operating hours may be used for emission 

offset credit only if they occur after August 7, 1977, or less than one year prior to the date of permit application, 

Proposed Revisions to 20.2.79 NMAC 
whichever is earlier, and the proposed new source for which the offset is to apply is a replacement for the shutdown 

or curtailment. 

K. The total tonnage of increased emissions, in tons per year, resulting from a major modification that 

must be offset in accordance with Section 173 of the federal Clean Air Act shall be determined by summing the 

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

for each emissions unit. 

[I 1130195; 20.2.79.1 15 NMAC - Rn, 20 NMAC 2.79.1 15, 10/31/02; A, 1/22/06; A, XX/XX/XX] 

20.2.79.116 BANKING OF EMISSION REDUCTION: 

A. Any stationary source which decreases actual emissions of a regulated pollutant in excess of the 

requirements of this Part or any other applicable air quality regulation or permit emission limitation may preserve or 

bank such excess emission reductions for sale or hture use. 

B. The owner or operator desiring to preserve such reductions shall submit a written request prior to 

the actual emission reduction to the Department which contains the following information: 

(1) A detailed description of the process(es) to be controlled and the control technology to be used; 

and 

(2) Emission calculations showing the types and amounts of actual emissions to be reduced; and 

(3) The effective date(s) of such reductions. 

C. The Department shall: 

(1) Verify the amount of emission reduction claimed in the written request; and 

(2) Approve or deny the request for banking of the emission reduction and notify the applicant in 

writing of the decision; and 

(3) Keep appropriate records of any emission reduction accepted for banking; and 

(4) For the case where emission reductions are approved in excess of those required for obtaining a 

permit under this Part, the Department shall make such reductions a condition of the permit; and 

(5) For the case where emission reductions are approved not in conjunction with granting a permit, 

the Department shall preserve such reductions as a State Implementation Plan revision which must be approved by 

the Environmental Improvement Board. 

D. Use and Sale of Emission Reductions. 

(1) The use of any preserved emission reduction is confined to meeting the emission offset 

requirements of this Part or 20.2.72 NMAC. 

(2) The provisions of this Part apply to the hture use of any preserved emission reduction as if such 

reductions were obtained concurrently with the commencement of operations of the new or modified source. 

(3) Before the use or sale of any preserved emission reduction occurs, written notification must be 

given to the Department. Such notice shall be in writing and shall identify the permit(s) and State Implementation 

Plan revision(s) in which such reductions are preserved. The Department must verify the availability of the 

preserved reduction before any use or sale occurs. 

(4) The use of preserved emission reduction credits is subject to the criteria of 20.2.79.1 15 NMAC - 

Emission Offsets. 

[I 1130195; 20.2.79.1 16 NMAC - Rn, 20 NMAC 2.79.1 16, 1013 1/02] 

20.2.79.117 AIR QUALITY BENEFIT: All demonstrations of the occurrence of a net air quality benefit 

shall meet the following ./ criteria: 

A. Emission offsets for volatile organic compounds or nitrogen oxides emissions impacting an ozone 

nonattainment area may be obtained from sources located in the broad vicinity of the proposed new source or 

modification, subject to approval by the Department. Atmospheric dispersion modeling will not be required to 

demonstrate the net air quality benefit that occurs due to reductions in volatile organic compound emissions. 

B. An applicant which proposes emission offsets for sulfur dioxide, particulate matter, carbon 

monoxide, nitrogen oxides, or any other pollutant may be required by the Department to submit atmospheric 

dispersion modeling to demonstrate a net air quality benefit will occur. For any case involving these pollutants 

where stack emissions and fugitive or ground level emissions are offsetting, atmospheric dispersion modeling shall 

be required to demonstrate a net air quality benefit will occur. 

[1 1/30/95; 20.2.79.1 17 NMAC - Rn, 20 NMAC 2.79.1 17, 1013 1/02] 

20.2.79.118 PUBLIC PARTICIPATION AND NOTIFICATION: 

Proposed Revisions to 20.2.79 NMAC 
A. The Department shall, within thirty (30) days after its receipt of an application for a permit or 

significant permit revision subject to this Part, review such application and determine whether it is administratively 

complete. If the application is deemed: 

(1) administratively complete, a letter to that effect shall be sent by certified mail to the applicant. 

(2) administratively incomplete, a letter shall be sent by certified mail to the applicant stating what 

additional information or points of clarification are necessary to deem the application administratively complete. 

Upon receipt of the additional information or clarification, the Department shall promptly review such information 

and determine whether the application is administratively complete. 

(3) administratively complete but no permit is required, a letter shall be sent by certified mail to the 

applicant informing the applicant of the determination. 

B. The Department shall: 

(1) Make a preliminary determination whether construction should be approved, approved with 

conditions, or disapproved. 

(2) Make available at the Department, district and local office nearest to the proposed source a copy 

of all materials the applicant submitted, a copy of the preliminary determination, and a copy or summary of other 

materials, if any, considered in making the preliminary determination. 

(3) Notify the public by advertisement in a newspaper of general circulation in the area in which the 

proposed major stationary source or major modification would be constructed, of the application, the preliminary 

determination, and of the opportunity for comment at a public hearing as well as written public comment. The 

public comment period shall be for forty-five days from the date of such advertisement. 

(4) Send a copy of the notice of public comment to the applicant, the Administrator, and to officials 

and agencies having jurisdiction over the location where the proposed construction would occur as follows: any 

other state or local air pollution control agencies, the chief executives of the city and county where the source would 

be located, any regional comprehensive land use planning agency, and any state, federal land manager, or Indian 

governing body whose lands may be affected by emissions from the source or modification. 

(5) Provide opportunity for a public hearing for interested persons to appear and submit written or 

oral comments on the air quality impact of the source and other appropriate considerations. Public hearings shall be 

held in the geographic area likely to be impacted by the source. 

(6) Consider all written comments submitted within a time specified in the notice of public comment 

and all comments received at any public hearing(s) in making a final decision on the approvability of the 

application. The Department shall make all comments available for public inspection in the same locations where 

the Department made available preconstruction information relating to the source. 

(7) Within ninety (90) days after the application is deemed administratively complete, unless the 

Secretary grants an extension, as specified in 20.2.72.207 NMAC, not to exceed ninety (90) days for good cause: 

(a) make a final determination whether construction should be approved, approved with 

conditions, or disapproved, or whether no permit is required; and 

(b) notify the applicant in writing of the final determination and make such notification 

available for public inspection at the same location where the Department made available preconstruction 

information and public comments relating to the source. 

[11/30/95; A, 01/01/00; 20.2.79.1 18 NMAC - Rn, 20 NMAC 2.79.1 18, 10/31/02] 

20.2.79.119 TABLES: 

A. Significant Ambient Concentrations: 

[Concentration in micrograms per cubic meter (&m3) or 

milligrams per cubic meter (mg/m3)] 

Pollutant Averaging Time 

Annual 24-hr 8-hr 3-hr I -hr 

Sulfbr Dioxide l .O pg/m3 5 -- 25 pg/m3 -- 

PMIO 1.0 pg/tn3 5 pg/m -- -- -- 

Nitrogen Dioxide 1.0 &rn3 -- -- -- -- 

Carbon Monoxide -- -- 0.5 mg/m3 -- 2 mg/m3 

B. Fugitive Emissions Source Categories: 

(1) Carbon black plants (furnace process); 

(2) Charcoal production plants; 

Proposed Revisions to 20.2.79 NMAC 
(3) Chemical process plants; 

(4) Coal cleaning plants (with thermal dryers); 

(5) Coke oven batteries; 

(6) Fossil fuel-fired steam electric plants of more than 250 million Btuhr heat input; 

(7) Fossil fuel boiler (or combination thereof) totaling more than 50 million Btdhr heat input; 

(8) Fuel conversion plants; 

(9) Glass fiber processing plants; 

(10) Hydrofluoric acid plants; 

(11) Iron and steel mill plants; 

(12) Kraft pulp mills; 

(13) Lime plants; 

(14) Municipal incinerators capable of charging more than 250 tons of refuse per day; 

(15) Nitric acid plants; 

(16) Petroleum refineries; 

(17) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; 

(18) Phosphate rock processing plants; 

(19) Portland cement plant; 

(20) Primary lead smelters; 

(21) Primary zinc smelters; 

(22) Primary aluminum ore reduction plants; 

(23) Primary copper smelters; 

(24) Secondary metal production plants; 

(25) Sintering plants; 

(26) Sulfur recovery plants; 

(27) Sulfuric acid plants; 

(28) Taconite ore processing plants. 

[I 1130195; 20.2.79.1 19 NMAC - Rn, 20 NMAC 2.79.1 19, 1013 1/02] 

20.2.79.120 ACTUALS PLANTWIDE APPLICABILITY LIMITS (PALs). 

A. Applicability. 

(1) The department may approve the use of an actuals PAL for any existing major stationary source 

(except as provided in Paragraph (2) of this subsection) if the PAL meets the requirements of this section. The term 

"PAL" shall mean "actuals PAL" throughout this section. 

(2) Actuals PALs shall not be allowed for VOC or NOx for any major stationary source located in an 

extreme ozone nonattainment area. 

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

maintains its total source-wide emissions below the PAL level, meets the requirements of this section, and complies 

with the PAL permit: 

(a) is not a major modification for the PAL pollutant; 

(b) does not have to be approved through the requirements of this part; and 

(c) is not subject to the provisions in 20.2.79.1 10 NMAC (restrictions on relaxing enforceable 

emission limitations that the major stationary source used to avoid applicability of the nonattainment major new 

source review program). 

(4) Except as provided under Subparagraph (c) of Paragraph (3) of this subsection, a major stationary 

source shall continue to comply with all applicable federal or state requirements, emission limitations, and work 

practice requirements that were established prior to the effective date of the PAL. 

B. Definitions. When a term is not defined in this subsection, it shall have the meaning given in 

20.2.79.7 NMAC or in 20.2.2 NMAC. 

(1) Actuals PAL for a major stationary source means a PAL based on the baseline actual emissions of 

all emissions units at the source, that emit or have the potential to emit the PAL pollutant. 

(2) Allowable emissions means "allowable emissions" as defined in 20.2.79.7 NMAC, except as this 

definition is modified according to the following. 

(a) The allowable emissions for any emissions unit shall be calculated considering any 

emission limitations that are enforceable as a practical matter on the emissions unit's potential to emit. 

(b) An emissions unit's potential to emit shall be determined using the definition in this part, 

except that the words "or enforceable as a practical matter" should be added after "federally enforceable". 

Proposed Revisions to 20.2.79 NMAC 17 
(3) Small emissions unit means an emissions unit that emits or has the potential to emit the PAL 

pollutant in an amount less than the significant level for that PAL pollutant, as defined in Subsection AM of 

20.2.79.7 NMAC or in the federal Clean Air Act, whichever is lower. 

(4) Major emissions unit means: 

(a) any emissions unit that emits or has the potential to emit 100 tons per year or more of the 

PAL pollutant in an attainment area; or 

(b) any emissions unit that emits or has the potential to emit the PAL pollutant in an amount 

that is equal to or greater than the major source threshold for the PAL pollutant as defined by the federal Clean Air 

Act for nonattainment areas; for example, in accordance with the definition of major stationary source in Section 

182 (c) of the federal Clean Air Act, an emissions unit would be a major emissions unit for VOC if the emissions 

unit is located in a serious ozone nonattainment area and it emits or has the potential to emit 50 or more tons of VOC 

per year. 

(5) Plantwide applicability limitation (PAL) means an emission limitation expressed in tons per year, 

for a pollutant at a major stationary source, that is enforceable as a practical matter and established source-wide in 

accordance with this section. 

(6) PAL effective date generally means the date of issuance of the PAL permit. However, the PAL 

effective date for an increased PAL is the date any emissions unit which is part of the PAL major modification 

becomes operational and begins to emit the PAL pollutant. 

(7) PAL effective period means the period beginning with the PAL effective date and ending 10 years 

later. 

(8) PAL major modification means, notwithstanding the definitions for major modification and net 

emissions increase in 20.2.79.7 NMAC, any physical change in or change in the method of operation of the PAL 

source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL. 

(9) PAL permit means the major new source review permit, the minor NSR permit, or the state 

operating permit under the requirements of 20.2.72 NMAC, 20.2.74 NMAC, 20.2.79 NMAC, or the title V permit 

under the requirements of 20.2.70 NMAC issued by the department that establishes a PAL for a major stationary 

source. 

(10) PAL pollutant means the pollutant for which a PAL is established at a major stationary source. 

(11) Significant emissions unit means an emissions unit that emits or has the potential to emit a PAL 

pollutant in an amount that is equal to or greater than the significant level (as defined in Subsection AM of 20.2.79.7 

NMAC or in the federal Clean Air Act, whichever is lower) for that PAL pollutant, but less than the amount that 

would qualify the unit as a major emissions unit as defined in Paragraph (4) of Subsection B of this section. 

C. Permit application requirements. As part of a permit application requesting a PAL, the owner or 

operator of a major stationary source shall submit the following information to the department for approval. 

(1) A list of all emissions units at the source designated as small, significant or major based on their 

potential to emit. In addition, the owner or operator of the source shall indicate which, if any, federal or state 

applicable requirements, emission limitations or work practices apply to each unit. 

(2) Calculations of the baseline actual emissions (with supporting documentation). Baseline actual 

emissions are to include emissions associated not only with operation of the unit, but also emissions associated with 

startup, shutdown and malfunction. 

(3) The calculation procedures that the major stationary source owner or operator proposes to use to 

convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total for 

each month as required by Paragraph (1) of Subsection M of this section. 

D. General requirements for establishing PALS. 

(1) A PAL at a major stationary source may be allowed by the department, provided that at a 

minimum, the following requirements are met. 

(a) The PAL shall impose an annual emission limitation in tons per year, that is enforceable as 

a practical matter, for the entire major stationary source. For each month during the PAL effective period after the 

first 12 months of establishing a PAL, the major stationary source owner or operator shall show that the sum of the 

monthly emissions from each emissions unit under the PAL for the previous 12 consecutive months is less than the 

PAL (a 12-month average, rolled monthly). For each month during the first 1 1 months from the PAL effective date, 

the major stationary source owner or operator shall show that the sum of the preceding monthly emissions from the 

PAL effective date for each emissions unit under the PAL is less than the PAL. 

(b) The PAL shall be established in a PAL permit that meets the public participation 

requirements in Subsection E of this section. 

(c) The PAL permit shall contain all the requirements of Subsection G of this section. 

Proposed Revisions to 20.2.79 NMAC 
(d) The PAL shall include fbgitive emissions, to the extent quantifiable, from all emissions 

units that emit or have the potential to emit the PAL pollutant at the major stationary source. 

(e) Each PAL shall regulate emissions of only one pollutant. 

(f) Each PAL shall have a PAL effective period of 10 years. 

(g) The owner or operator of the major stationary source with a PAL shall comply with the 

monitoring, recordkeeping, and reporting requirements provided in Subsections L through N of this section for each 

emissions unit under the PAL through the PAL effective period. 

(2) At no time (during or after the PAL effective period) are emissions reductions of a PAL pollutant, 

which occur during the PAL effective period, creditable as decreases for purposes of offsets under 20.2.79.1 15 

NMAC unless the level of the PAL is reduced by the amount of such emissions reductions and such reductions 

would be creditable in the absence of the PAL. 

E. Public participation requirement for PALs. PALs for existing major stationary sources shall be 

established, renewed, or increased through a procedure that is consistent with 40 CFR 5 1.160 and 16 1. This includes 

the requirement that the department provide the public with notice of the proposed approval of a PAL permit and at 

least a 30-day period for submittal of public comment. The department shall address all material comments before 

taking final action on the permit. 

F. Setting the 10-year actuals PAL level. 

(1) Except as provided in Paragraph (2) of this subsection, the actuals PAL level for a major 

stationary source shall be established as the sum of the baseline actual emissions (as defined in 20.2.79.7 NMAC) of 

the PAL pollutant for each emissions unit at the source; plus an amount equal to the applicable significant level for 

the PAL pollutant under 20.2.79.7 NMAC or under the act, whichever is lower. When establishing the actuals PAL 

level, for a PAL pollutant, only one consecutive 24-month period must be used to determine the baseline actual 

emissions for all existing emissions units. However, a different consecutive 24-month period may be used for each 

different PAL pollutant. Emissions associated with units that were permanently shutdown after this 24-month period 

must be subtracted from the PAL level. The department shall specify a reduced PAL level(s) (in tonslyr) in the PAL 

permit to become effective on the kture compliance date(s) of any applicable federal or state regulatory 

requirement(s) that the department is aware of prior to issuance of the PAL permit. For instance, if the source owner 

or operator will be required to reduce emissions from industrial boilers in half from baseline emissions of 60 ppm 

NOx to a new rule limit of 30 ppm, then the permit shall contain a future effective PAL level that is equal to the 

current PAL level reduced by half of the original baseline emissions of such unit(s). 

(2) For newly constructed units (which do not include modifications to existing units) on which 

actual construction began after the 24-month period, in lieu of adding the baseline actual emissions as specified in 

Paragraph (1) of this subsection, the emissions must be added to the PAL level in an amount equal to the potential to 

emit of the units. 

G. Contents of the PAL permit. The PAL permit shall contain, at a minimum, all of the following 

information. 

(1) The PAL pollutant and the applicable source-wide emission limitation in tons per year. 

(2) The PAL permit effective date and the expiration date of the PAL (PAL effective period). 

(3) Specification in the PAL permit that if a major stationary source owner or operator applies to 

renew a PAL in accordance with Subsection J of this section before the end of the PAL effective period, then the 

PAL shall not expire at the end of the PAL effective period. It shall remain in effect until a revised PAL permit is 

issued by the department. 

(4) A requirement that emission calculations for compliance purposes include emissions from 

startups, shutdowns and malfunctions. 

(5) A requirement that, once the PAL expires, the major stationary source is subject to the 

requirements of Subsection 1 of this section. 

(6) The calculation procedures that the major stationary source owner or operator shall use to convert 

the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total for each 

month as required by Paragraph (1) of Subsection M of this section. 

(7) A requirement that the major stationary source owner or operator monitor all emissions units in 

accordance with the provisions under Subsection L of this section. 

(8) A requirement to retain the records required under Subsection M of this section on site. Such 

records may be retained in an electronic format. 

(9) A requirement to submit the reports required under Subsection N of this section by the required 

deadlines. 

(10) Any other requirements that the department deems necessary to implement and enforce the PAL. 

Proposed Revisions to 20.2.79 NMAC 19 
H. PAL effective period and reopening of the PAL permit. 

(1) PAL effective period. The permit shall specify a PAL effective period of 10 years. 

(2) Reopening of the PAL permit. 

(a) During the PAL effective period, the department shall reopen the PAL permit to: 

(i) correct typographical/calculation errors made in setting the PAL or reflect a more 

accurate determination of emissions used to establish the PAL; 

(ii) reduce the PAL if the owner or operator of the major stationary source creates 

creditable emissions reductions for use as offsets under 20.2.79.1 15 NMAC; or 

(iii) revise the PAL to reflect an increase in the PAL as provided under Subsection K of 

this section. 

(b) The department may reopen the PAL permit for the following: 

(i) to reduce the PAL to reflect newly applicable federal requirements (for example, 

NSPS) with compliance dates after the PAL effective date; 

(ii) to reduce the PAL consistent with any other requirement, that is enforceable as a 

practical matter, and that the department may impose on the major stationary source under this part; or 

(iii) to reduce the PAL if the department determines that a reduction is necessary to avoid 

causing or contributing to a NAAQS or PSD increment violation, or to an adverse impact on an air quality related 

value that has been identified for a federal class I area by a federal land manager and for which information is 

available to the general public. 

(c) Except for the permit reopening in Item (i) of Subparagraph (a) of this paragraph for the 

correction of typographical/calculation errors that do not increase the PAL level, all other reopenings shall be carried 

out in accordance with the public participation requirements of Subsection E of this section. 

1. Expiration of a PAL. Any PAL which is not renewed in accordance with the procedures in 

Subsection J of this section shall expire at the end of the PAL effective period, and the following requirements shall 

apply. 

(1) Each emissions unit (or each group of emissions units) that existed under the PAL shall comply 

with an allowable emission limitation under a revised permit established according to the following procedures. 

(a) Within the time frame specified for PAL renewals in Paragraph (2) of Subsection J of this 

section, the major stationary source shall submit a proposed allowable emission limitation for each emissions unit 

(or each group of emissions units, if such a distribution'is more appropriate as decided by the department) by 

distributing the PAL allowable emissions for the major stationary source among each of the emissions units that 

existed under the PAL. If the PAL had not yet been adjusted for an applicable requirement that became effective 

during the PAL effective period, as required under Paragraph (5) of Subsection J of this section, such distribution 

shall be made as if the PAL had been adjusted. 

(b) The department shall decide whether and how the PAL allowable emissions will be 

distributed and issue a revised permit incorporating allowable limits for each emissions unit, or each group of 

emissions units, as the department determines is appropriate. 

(2) Each emissions unit(s) shall comply with the allowable emission limitation on a 12-month rolling 

basis. The department may approve the use of monitoring systems (source testing, emission factors, etc.) other than 

CEMS, CERMS, PEMS or CPMS to demonstrate compliance with the allowable emission limitation. 

(3) Until the department issues the revised permit incorporating allowable limits for each emissions 

unit, or each group of emissions units, as required under Subparagraph (a) of Paragraph (1) of this subsection, the 

source shall continue to comply with a source-wide, multi-unit emissions cap equivalent to the level of the PAL 

emission limitation. 

(4) Any physical change or change in the method of operation at the major stationary source will be 

subject to the nonattainment major new source review requirements if such change meets the definition of major 

modification in 20.2.79.7 NMAC. 

(5) The major stationary source owner or operator shall continue to comply with any New Mexico or 

federal applicable requirements (BACT, RACT, NSPS, etc.) that may have applied either during the PAL effective 

period or prior to the PAL effective period except for those emission limitations that had been established pursuant 

to 20.2.79.109 NMAC, but were eliminated by the PAL in accordance with the provisions in Subparagraph (c) of 

Paragraph (3) of Subsection A of this section. 

J. Renewal of a PAL. 

(1) The department shall follow the procedures specified in Subsection E of this section in approving 

any request to renew a PAL for a major stationary source, and shall provide both the proposed PAL level and a 

Proposed Revisions to 20.2.79 NMAC 20 
written rationale for the proposed PAL level to the public for review and comment. During such public review, any 

person may propose a PAL level for the source for consideration by the department. 

(2) Application deadline. A major stationary source owner or operator shall submit a timely 

application to the department to request renewal of a PAL. A timely application is one that is submitted at least 6 

months prior to, but not earlier than 18 months from, the date of permit expiration. This deadline for application 

submittal is to ensure that the permit will not expire before the permit is renewed. If the owner or operator of a major 

stationary source submits a complete application to renew the PAL within this time period, then the PAL shall 

continue to be effective until the revised permit with the renewed PAL is issued. 

(3) Application requirements. The application to renew a PAL permit shall contain the following 

information. 

(a) The information required in Paragraphs (1) through (3) of Subsection C of this section. 

(b) A proposed PAL level. 

(c) The sum of the potential to emit of all emissions units under the PAL (with supporting 

documentation). 

(d) Any other information the owner or operator wishes the department to consider in 

determining the appropriate level for renewing the PAL. 

(4) PAL adjustment. In determining whether and how to adjust the PAL, the department shall 

consider the options outlined in Subparagraph (a) of this paragraph. However, in no case may any such adjustment 

fail to comply with Subparagraph (b) of this paragraph. 

(a) If the emissions level calculated in accordance with Subsection F of this section is equal to 

or greater than 80 percent of the PAL level, the department may: 

(i) renew the PAL at the same level without considering the factors set forth in Item (ii) 

of this subparagraph; or 

(ii) set the PAL at a level that it determines to be more representative of the source's 

baseline actual emissions, or that it determines to be appropriate considering air quality needs, advances in control 

technology, anticipated economic growth in the area, desire to reward or encourage the source's voluntary emissions 

reductions, or other factors as specifically identified by the department in its written rationale. 

(b) Notwithstanding Subparagraph (a) of this paragraph: 

(i) if the potential to emit of the major stationary source is less than the PAL, the 

department shall adjust the PAL to a level no greater than the potential to emit of the source; and 

(ii) the department shall not approve a renewed PAL level higher than the current PAL, 

unless the major stationary source has complied with the provisions of Subsection K of this section (increasing a 

PAL). i 

(5) If the'compliance date for a New Mexico or federal requirement that applies to the PAL source 

occurs during the PAL effective period, and if the department has not already adjusted for such requirement, the 

PAL shall be adjusted at the time of PAL permit renewal or title V permit renewal, whichever occurs first. 

K. Increasing a PAL during the PAL effective period. 

(1) The department may increase a PAL emission limitation only if the major stationary source 

complies with the following provisions. 

(a) The owner or operator of the major stationary source shall submit a complete application to 

request an increase in the PAL limit for a PAL major modification. Such application shall identify the emissions 

unit(s) contributing to the increase in emissions so as to cause the major stationary source's emissions to equal or 

exceed its PAL. 

(b) As part of this application, the major stationary source owner or operator shall demonstrate 

that the sum of the baseline actual emissions of the small emissions units, plus the sum of the baseline actual 

emissions of the significant and major emissions units assuming application of BACT equivalent controls, plus the 

sum of the allowable emissions of the new or modified emissions unit(s) exceeds the PAL. The level of control that 

would result from BACT equivalent controls on each significant or major emissions unit shall be determined by 

conducting a new BACT analysis at the time the application is submitted, unless the emissions unit is currently 

required to comply with a BACT or LAER requirement that was established within the preceding 10 years. In such a 

case, the assumed control level for that emissions unit shall be equal to the level of BACT or LAER with which that 

emissions unit must currently comply. 

(c) The owner or operator shall obtain a major new source review permit for all emissions 

unit(s) identified in Subparagraph (a) of Paragraph (I) of Subsection K of this section, regardless of the magnitude 

of the emissions increase resulting from them (that is, no significant levels apply). These emissions unit(s) shall 

Proposed Revisions to 20.2.79 NMAC 2 1 
comply with any emissions requirements resulting from the nonattainment major NSR program process (for 

example, LAER), even though they have also become subject to the PAL or continue to be subject to the PAL. 

(d) The PAL permit shall require that the increased PAL level shall be effective on the day any 

emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant. 

(2) The department shall calculate the new PAL as the sum of the allowable emissions for each 

modified or new emissions unit, plus the sum of the baseline actual emissions of the significant and major emissions 

units (assuming application of BACT equivalent controls as determined in accordance with Subparagraph (b) of 

Paragraph (I) of Subsection K of this section), plus the sum of the baseline actual emissions of the small emissions 

units. 

(3) The PAL permit shall be revised to reflect the increased PAL level pursuant to the public notice 

requirements of Subsection E of this section. 

L. Monitoring requirements for PALS. 

(1) General Requirements. 

(a) Each PAL permit must contain enforceable requirements for the monitoring system that 

accurately determines plantwide emissions of the PAL pollutant in terms of mass per unit of time. Any monitoring 

system authorized for use in the PAL permit must be based on sound science and meet generally acceptable 

scientific procedures for data quality and manipulation. Additionally, the information generated by such system 

must meet minimum legal requirements for admissibility in a judicial proceeding to enforce the PAL permit. 

(b) The PAL monitoring system must employ one or more of the four general monitoring 

approaches meeting the minimum requirements set forth in Subparagraphs (a) through (d) of Paragraph (2) of this 

subsection and must be approved by the department. 

(c) Notwithstanding Subparagraph (b) of this paragraph, the owner or operator may also 

employ an alternative monitoring approach that meets Subparagraph (a) of this paragraph if approved by the 

department. 

(d) Failure to use a monitoring system that meets the requirements of this section renders the 

PAL invalid. 

(2) The following are acceptable general monitoring approaches when conducted in accordance with 

the minimum requirements in Paragraphs (3) through (9) of this subsection: 

(a) mass balance calculations for activities using coatings or solvents; 

(b) CEMS; 

(c) CPMS or PEMS; and 

(d) emission factors. 

(3) Mass balance calculations. An owner or operator using mass balance calculations to monitor PAL 

pollutant emissions from activities using coating or solvents shall meet the following requirements: 

(a) provide a demonstrated means of validating the published content of the PAL pollutant that 

is contained in or created by all materials used in or at the emissions unit; 

(b) assume that the emissions unit emits all of the PAL pollutant that is contained in or created 

by any raw material or fuel used in or at the emissions unit, if it cannot otherwise be accounted for in the process; 

and 

(c) where the vendor of a material or fuel, which is used in or at the emissions unit, publishes a 

range of pollutant content from such material, the owner or operator must use the highest value of the range to 

calculate the PAL pollutant emissions unless the department determines there is site-specific data or a site-specific 

monitoring program to support another content within the range. 

(4) CEMS. An owner or operator using CEMS to monitor PAL pollutant emissions shall meet the 

following requirements: 

(a) CEMS must comply with applicable performance specifications found in 40 CFR part 60, 

appendix B; and 

(b) CEMS must sample, analyze and record data at least every 15 minutes while the emissions 

unit is operating. 

(5) CPMS or PEMS. An owner or operator using CPMS or PEMS to monitor PAL pollutant 

emissions shall meet the following requirements: 

(a) the CPMS or the PEMS must be based on current site-specific data demonstrating a 

correlation between the monitored parameter(s) and the PAL pollutant emissions across the range of operation of the 

emissions unit; and 

(b) each CPMS or PEMS must sample, analyze, and record data at least every 15 minutes, or at 

another less frequent interval approved by the department, while the emissions unit is operating. 

Proposed Revisions to 20.2.79 NMAC 22 
(6) Emission factors. An owner or operator using emission factors to monitor PAL pollutant 

emissions shall meet the following requirements: 

(a) all emission factors shall be adjusted, if appropriate, to account for the degree of uncertainty 

or limitations in the factors' development; 

(b) the emissions unit shall operate within the designated range of use for the emission factor, 

if applicable; and 

(c) if technically practicable, the owner or operator of a significant emissions unit that relies on 

an emission factor to calculate PAL pollutant emissions shall conduct validation testing to determine a site-specific 

emission factor within 6 months of PAL permit issuance, unless the department determines that testing is not 

required. 

(7) A source owner or operator must record and report maximum potential emissions without 

considering enforceable emission limitations or operational restrictions for an emissions unit during any period of 

time that there is no monitoring data, unless another method for determining emissions during such periods is 

specified in the PAL permit. 

(8) Notwithstanding the requirements in Paragraphs (3) through (7) of this subsection, where an 

owner or operator of an emissions unit cannot demonstrate a correlation between the monitored parameter(s) and the 

PAL pollutant emissions rate at all operating points of the emissions unit, the department shall, at the time of pennit 

issuance: 

(a) establish default value(s) for determining compliance with the PAL based on the highest 

potential emissions reasonably estimated at such operating point(s); or 

(b) determine that operation of the emissions unit during operating conditions when there is no 

correlation between monitored parameter(s) and the PAL pollutant emissions is a violation of the PAL. 

(9) Revalidation. All data used to establish the PAL pollutant must be revalidated through 

performance testing or other scientifically valid means approved by the department. Such testing must occur at least 

once every 5 years after issuance of the PAL. 

M. Recordkeeping requirements. 

(1) The PAL permit shall require an owner or operator to retain a copy of all records necessary to 

determine compliance with any requirement of this section and of the PAL, including a determination of each 

emissions unit's 12-month roiling total emissions, for 5 years from the date of such record. 

(2) The PAL permit shall require an owner or operator to retain a copy of the following records for 

the duration of the PAL effective period plus 5 years: 

(a) a copy of the PAL permit application and any applications for revisions to the PAL; and 

(b) each annual certification of compliance pursuant to title V and the data relied on in 

certifying the compliance. 

N. Reporting and notification requirements. The owner or operator shall submit semi-annual 

monitoring reports and prompt deviation reports to the department in accordance with the requirements of 20.2.70 

NMAC. The reports shall meet the following requirements. 

(1) Semi-Annual Report. The semi-annual report shall be submitted to the department within 30 days 

of the end of each reporting period. This report shall contain the following information. 

(a) The identification of owner and operator and the permit number. 

(b) Total annual emissions (tonsfyear) based on a 12-month rolling total for each month in the 

reporting period recorded pursuant to Paragraph (1) of Subsection M of this section. 

(c) All data relied upon, including, but not limited to, any quality assurance or quality control 

data, in calculating the monthly and annual PAL pollutant emissions. 

(d) A list of any emissions units modified or added to the major stationary source during the 

preceding 6-month period. 

(e) The number, duration, and cause of any deviations or monitoring malfunctions (other than 

the time associated with zero and span calibration checks), and any corrective action taken. 

(f) A notification of a shutdown of any monitoring system, whether the shutdown was 

permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully 

operational or replaced with another monitoring system, and whether the emissions unit monitored by the 

monitoring system continued to operate, and the calculation of the emissions of the pollutant or the number 

determined by method included in the permit, as provided by Paragraph (7) of Subsection L of this section. 

(g) A signed statement by the responsible official (as defined by the applicable title V operating 

permit program) certifying the truth, accuracy, and completeness of the information provided in the report. 

Proposed Revisions to 20.2.79 NMAC 
(2) Deviation report. The major stationary source owner or operator shall promptly submit reports of 

any deviations or exceedance of the PAL requirements, including periods where no monitoring is available. A report 

submitted pursuant to 40 CFR 70.6(a)(3)(iii)(B) shall satisfy this reporting requirement. The deviation reports shall 

be submitted within the time limits prescribed by the applicable program implementing 40 CFR 70.6(a)(3)(iii)(B). 

The reports shall contain the following information: 

(a) the identification of owner and operator and the permit number; 

(b) the PAL requirement that experienced the deviation or that was exceeded; 

(c) emissions resulting from the deviation or the exceedance; and 

(d) a signed statement by the responsible official (as defined by the applicable title V operating 

permit program) certifying the truth, accuracy, and completeness of the information provided in the report. 

(3) Revalidation results. The owner or operator shall submit to the department the results of any 

revalidation test or method within 3 months after completion of such test or method. 

0. Transition requirements. 

(1) The department shall not issue a PAL that does not comply with the requirements of this section 

after the administrator has approved these regulations. 

(2) The department may supersede any PAL which was established prior to the date of approval of 

this part by the administrator with a PAL that complies with the requirements of this section. 

[20.2.79.120 NMAC - N, 1/22/06] 

HISTORY OF 20.2.79 NMAC: 

Pre-NMAC History: The material in this part was derived from that previously filed with the commission of 

public records-state records center and archives: 

EIBIAQCR 709, Air Quality Control Regulation 709 - Permits - Nonattainment Areas, 07/26/85; 

EIBJAQCR 709, Air Quality Control Regulation 709 - Permits - Nonattainment Areas, 07/16/86; 

EIBJAQCR 709, Air Quality Control Regulation 709 - Permits - Nonattainment Areas, 08/01/88; 

EIBJAQCR 709, Air Quality Control Regulation 709 - Permits - Nonattainment Areas, 05/29/90; 

EIBJAQCR 709, Air Quality Control Regulation 709 - Permits - Nonattainment Areas, 06/25/92. 

History of Repealed Material: [RESERVED] 

Other History: 

EIBJAQCR 709, Air Quality Control Regulation 709 - Permits - Nonattainment Areas, filed 06/25/92 was 

renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.79, Permits - Nonattainment 

Areas, filed 10/30/95. 

20 NMAC 2.79, Permits - Nonattainment Areas, filed 10/30/95 was renumbered, reformatted and replaced by 

20.2.79 NMAC, Permits - Nonattainment Areas, effective 1013 1/02. 

Proposed Revisions to 20.2.79 NMAC 
Wednesday, 

April 25, 2007 

Part I1 

Environmental 

Protection Agency 

40 CFR Part 51 

Clean Air Fie Particle Implementation 

Rule; Fiaal Rule 

Agency Information Collection Activities: 

Proposed Collection; Comment RequesfPh'f2.5 Ozone National Ambient Air Quality 

Standard Implementation Rule; EPA ICR 

No. 2258.01; Notice 

NMED - 5 (April 25,2007 Federal Register) NOTE: 

This Federal Register is available in at least two Federal Government web sites 

including the Regulations,.gov web site at http://www.regulations.gov 

in docket EPA-HQ-OAR-2003-0062, document EPA-HQ-OAR-2003-0062-0170 

The Federal Register is also available at the Federal Government Printing Office 

(GPO) Access web site at http://www.gpoaccess.gov/multidb.html 

and may be available at other Federal Government web sites. 
Tuesday, 

November 29, 2005 

EXHIBIT 

Part I1 

Environmental 

Protection Agency 

40 CFR Parts 51, 52, and 80 

Final Rule To Implement the 8-Hour 

Ozone National Ambient Air Quality 

Standard. Final Rule 

NMED - 6 (November 29,2005 Federal Register) NOTE: 

This Federal Register is available in at least two Federal Government web sites 

including the Regulations.gov web site at http://www.regulations.gov 

in docket EPA-HQ-OAR-2003-0079, document EPA-HQ-OAR-2003-0079-0993 

The Federal Register is also available at the Federal Government Printing Office 

(GPO) Access web site at http://www.gpoaccess.gov/multidb.html 

and may be available at other Federal Government web sites. 
New Mexico Commission of Public Records 

Administrative Law Division 

1205 Cainino Carlos Rey 

Santa Fe, NM 87507 

505-476-7907 

Affidavit of Pnblicatiolsa in the New Mexico Register 

I, John Mai-tinez , certif!y that the agency noted below has published legal notices or rules in 

the New Mexico Register, and that payment has been assessed by invoice for said legal notice 

or publication, which appeared on the date and in the volume and issue nunlber noted below. 

Date of Publication: 413012009 

Volume: XX Issue # : S 

Invoice # : NA/fl-2009- -775 

Amount: $33.00 

Description: 

Agency: 

ELB - Air Qua1 

Contact: Gail Cooke 

1301 Siles RD Bldg B 

Santa Fe, NM S7507- 

Notice Notice of Rulemaking 

State of New Mexico, County of Santa Fe 

Signed and affir~ned before me on Monday, May 04,2009 

by John Mai-tinez 

Notary Public: 

Bridgett Wood 1 I 

Date: 5/4/2009 

(seal) 

-Copies ojlhe pzlblished material doczone17ted 

u 

in this nj,iclm)i/ nre s17closedForm SRC-2002-04 Revised July 2007 
New Mexico Register / Volume XX, Number 8 / A~ril30.2009 423 

Notices of Rulemaking and Proposed Rules 

NEW MEXICO 

ENVIRONMENTAL 

IMPROVEMENT BOARD 

should contact ludy Bentley by June 22, 

2009 at the NMED, Personnel Services 

Bureau, P.O. Box 261 10, 1190 St. Francis 

Drive, Santa Fe, New Mexico, 87502, telephone 505-827-9872. TDY users please 

access her number via the New Mexico 

Relay Network at 1-800-659-833 1. 

Act, Section 74-1-9 NMSA 1978, the Air 

Quality Control Act Section, 74-2-6 NMSA 

1978, and other applicable procedures. 

NEW MEXICO ENVIRONMENTAL 

IMPROVEMENT BOARD 

NOTICE OF RULEMAICING I-IEARING 

rile jqew Mesico Environnlenta1 

~nlprovement Board ("Boardw) will hold a 

public hearing on July 7, 2009 at 8:00 a.m. 

in Room 317 at the State Capital in Santa 

Fe, New Mexico. TIle purpose of hearing is to consider the matter of EIB 09-04 

(R), proposed revisions to Air Quality 

Control Regulations 20.2.2 New Mexico 

Administrative Code (NMAC) 

(Definitions); 20.2.74 NMAC (PermitsPrevention of Signilicant Deterioration) and 

20.2.79 NMAC (Permits- Nonattainlnent 

Areas). 

The proponent of this regulatory adoption 

and revision is the New Mexico 

Environment Department ("NMED"). 

The purpose of the public hearing is to consider and take possible action on a petition 

fro111 NMED regarding proposed revisions 

to 20.2.2 NMAC - Defitlifions; 20.2.74 - perIllits - ion of ~i~~~~~~~,~

~~~~,.i~~~~;~~,. flt7d 20.2.79 - perr12;fs - No~latfait~trrerif Areas to comply with 

Implementation Rules adopted by the U.S. 

Environmental Protection Agency (EPA) 

for the &hour ozone and particulate matter 

2.5 microns in size and less (PM2.5) 

National Ambient Air Quality Standards 

(NAAQS). Under Section 110(A)(2) of the 

Clean Air Act, states are required to update 

state implementation plans upon the promulgation of a new or revised NAAQS. The 

NMED will host an infomlational open 

house on the proposed revisions to 20.2.2 , 

20.2.74, and 20.2.79 NMAC at the NMED 

Air Quality Bureau Office, 1301 Siler Rd, 

Building B, Santa Fe, New Mexico 87507, 

from 2:00p,m.-6:00p.m. on May 21, 2009. 

The proposed revised regulations may be 

reviewed during regular business hours at 

the NMED Air Quality Bureau office, 1301 

Siler Road, Building B, Santa Fe, New 

Mexico. Full text of NMED's proposed 

revised regulations are available on 

NMED's web site at 

www.nmenv.state.nm.us, or by contacting 

Gail Cooke at (50 5) 476-43 1 g or 

gail.cooke@state.nn~.us. 

The hearing will be conducted in accordance with 20.1.1 NMAC (Ruleniaking 

Procedures - Environmental Inlprovement 

Board), the Environmental Inlprovenlent 

The Board may make a decision on the proposed revised regulations at the conclusion 

of the hearing, or the Board may convene a 

meeting at a later date to consider action on 

the proposal. 

NEW MEXICO 

ENVIRONMENTAL 

IMPROVEMENT BOARD 

All interested persons will be given reasonable opportunity at the hearing Lo submit 

relevant evidence, data, views and arguments, orally or in writing, to introduce 

exhibits, and to examine witnesses. Persons 

wishing to present technical testimony must 

file wit11 the Board a written notice of intent 

to do so. The notice of intent shall: 

(1) identify the person f0l whom the witness(es) will testify; 

(2) identify each Lechnical witness that the 

person intends to present and state the qualifications of the witness, including a 

description of their education and work 

background; 

(3) su1"l"arize or include a copy of the 

direct testimony of each technical witness 

and state the anticipated duration of the testimony of that witness; 

(4) list and describe, or attach, each eshibit 

anticipated to be offered by that person at 

the hearing; and 

(5) attach the text of any recommended 

m~dificalions to the proposed new and 

revised regulations. 

Notices of intent for the hearing must be 

received in the Office of the Board not later 

than 5:00 PIn on June 22, 2009, and should 

reference the docket number, EIB 09-04 

(R), and the date of the Ilearing. Notices of 

intent to present technical teslimony should 

be ~ubnlitted to: 

Joyce Medina, Board Administrator 

Ofice of the Environmental Improvement 

Board 

Harold Runnels Building 

11 90 St. Francis Dr., Room N-2 150 1 2 153 

Santa Fe, NM 87502 

Phone: (505) 827-2425, Fax (505) 827- 

2836 

Any member of the general public may testify at the hearing. No prior notification is 

required to present non-techni~al teslimony 

at the hearing. Any such member may also 

offer exhibits in ~0nnCction wit11 his testimony, SO long as the exhibit is not unduly 

repetitious of the testimony. 

A member of the general public who wishes to submit a written statement for the 

record, in lieu of providing oral testimony at 

the hearing, shall file the written statement 

prior to the hearing, or submit it at the hearing. 

Persons having a disability and needing 

help in being a part of this hearing process 

NEW MEXICO ENVIRONMENTAL 

IMPROVEMENT BOARD 

NOTICE OF PUBLIC MEETING AND 

RULEMAKING HEARING 

The New Mexico Environmental 

Improven~ent Board ("Board") will hold a 

public hearing on the July 7, 2009 at 8:00 

a.m. at the State Capitol Building, Room 

3 17, 490 Old Santa Fe Trail, Santa Fe NM 

87501. The purpose of the hearing is to consider the matter of EIB 09-03 (R) proposed 

revisions to Air Quality Control 

Regulations 20.2.77 NMAC (New Source 

Performance Standards), 20.2.78 NMAC 

(Emission Standards for Hazardous, Air 

Pollutants) and 20.2.82 NMAC (Maximum 

Achievable Control Technology Standards 

for Source Categories of Hazardous Air 

Pollutants). 

The proponent of this regulatory adoption 

and revision is the New Mexico 

Environment Department ("NMED"). 

NMED proposes to revise 20.2.77 NMAC 

to incorporate by reference federal New 

Source Perfomlance Standards. 20.2.78 

NMAC to incorporate by reference federal 

National Eniission Standards for Hazardous 

Air Pollutants. NMED proposes to revise 

20.2.82 NMAC to incorporate by reference 

federal Maximum Achievable Control 

Technology Standards for Source 

Categories. 

The proposed revised regulations may be 

reviewed during regular business hours at 

the NMED Air Quality Bureau office, 1301 

Siler Rd. building B, Santa Fe, New Mexico 

87507. Full text of NMED's proposed 

revised regulations are available on 

NMED's web site at 

www.nmenv.state.nm us, or by contacting 

Adam Keaster at (505) 476-5559 or 
STATE OF NEW MEXICO 

County of Bernalillo SS 

Bill Tafoya, being duly sworn, declares and says that he is Classified 

Advertising Manager of The Albuquerque Journal, and that this newspaper is 

duly qualified to publish legal notices or advertisements within the meaning of 

Section 3, Chapter 167, Session Laws of 1937, and that payment therefore has 

been made of assessed as court cost; that the notice, copy of which is hereto 

attached, was published in said paper in the regular daily e ition for 

being on the 2% of 

t consecutive publications on 

,20-. 

n, 

Sworn and subscribe to b m&Notary Public, in and 

o and State of ew Mexico this zsy OR?/ of 2Yd 

4 

PRICE ZoL> I a 

Statement to come at end of month. 

ACCOUNT NUMBER 

CLA-22-A (R-1/93) 
N@ MEXICO I -~~VIRONMENTA~~. . 1 

J~NT DE M~JORAMIENTO 

-AM&NTAL DENuEvo 

MEXICO , 2.t $kso OEAUDIE'NCIA~P~~RA , ,C?E'A~ION~D_FNORMAS: 

1 3 

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en,la Sala+31>-de ,ca'pibli$ BfataRii'S5nfa ee'~ii$v@e~~~ 

El ~ro@Sif~.&~j~bd~encla es cd$d$areel;asunto0de'~l~ 09-04: 

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-- 
EXHIBIT 

STATE OF NEW MEXICO 

[GI 

BEFORE THE ENVIRONMENTAL IMPROVEMENT BOARD 

In the Matter of Proposed Amendments to 

20.2.2 NMAC - Definitions; 

20.2.74 NMAC - Permits - Prevention of 

Significant Deterioration; 

20.2.79 NMAC - Permits - Nonattainment Areas. 

EIB 09-04(R) 

NEW MEXICO ENVIRONMENT DEPARTMENT 

Petitioner, 

NMED'S PROPOSED 

ORDER AND STATEMENT OF REASONS 

FOR AMENDMENT OF REGULATIONS 

This matter comes before the New Mexico Environmental Improvement Board ("Board") 

upon a petition filed by the Air Quality Bureau ("Bureau") of the New Mexico Environment 

Department ("NMED" or "Petitioner"), proposing amendments to 20.2.2 NMAC, 20.2.74 

NMAC, and 20.2.79 NMAC. A public hearing was held in Santa Fe, New Mexico on July 7, 

2009, with a quorum of the Board present during the hearing. The Board heard technical 

testimony from Petitioner and admitted exhibits into the record. On the same day, the Board 

deliberated and voted to adopt the proposed amendments for the reasons that follow: 

I. AMENDMENTS 

1. The proposed amendments to 20.2.2,20.2.74, and 20.2.79 MAC were adopted by the 

Board at its July 7, 2009 public hearing. 

11. STATEMENT OF REASONS 

2. NMED filed its petition for Public Hearing with the Board on March 19,2009. See 

NMED Petition. 

EIB 09-04 (R) - Statement of Reasons 

Page 1 of 3 
Notice of Hearing was published in the Albuquerque Journal on May 4,2009 in English 

and Spanish. See NMED Exhibit 7. 

Notice of Hearing was published in the New Mexico Register on April 30, 2009. See 

NMED Exhibit 7. 

NMED filed a Notice of Intent to Present Technical Testimony on June 19,2009. See 

NMED Notice of Intent to Present Technical Testimony. 

A hearing was convened in this matter on July 7 in Santa Fe, New Mexico. 

NMED presented technical evidence related to the proposed amendments to the relevant 

Parts of the Air Quality Management Regulations through the oral testimony of Gail 

Cooke - Air Quality Bureau Environmental Analyst and Planner. NMED Exhibit 1. 

Ms. Cooke also provided written testimony to the Board in support of the proposed 

amendments. NMED Exhibit 2. 

Ms. Cooke testified that the proposed regulatory changes are in response to requirements 

under the federal Clean Air Act (CAA) Section 1 1 O(a), which requires updates to State 

Implementation Plans (SIPS) within three years of the U.S. EPA's promulgation of a 

National Ambient Air Quality Standard (NAAQS). &NMED Exhibit 2 at . p2. 

Ms. Cooke testified that revisions to 20.2.2 NMAC, Definitions, are necessary in order to 

provide definitions related to the new NAAQS for fine particulate matter (PM2.5). 

- Id. at p2. 

Ms. Cooke further testified that revisions to 20.2.74 NMAC are necessary in order to add 

nitrogen oxides as a precursor to ozone under the State's Prevention of Significant 

Deterioration program. a. at. p2. 

EIB 09-04 (R) - Statement of Reasons 

Page 2 of 3 
1 1. Ms. Cooke also testified that revisions to 20.2.79 NMAC are necessary to incorporate 

major stationary source thresholds, significant emission rates, and offset ratios pursuant 

to part D of title I of the CAA, as amended in 1990, for the 8-hour ozone NAAQS, the 

carbon monoxide NAAQS, and particulate matter 10 microns in size and less (PMIO) 

NAAQS. Id. 

12. Pursuant to 20.1.300.A NMAC, any person may petition the Board for amendment of 

regulations within the jurisdiction of the Board. 

13. The Board has the authority to approve these proposed amendments pursuant to NMSA 

1978 Section 74-2-5.B. 

14. The proposed amendments satisfy all applicable procedural requirements. 

15. The proposed amendments satisfy the statutory requirements of the Air Quality Control 

Act, NMSA 1978, Section 74-2-5.E. 

24. The proposed amendments are adopted for any or all of the reasons stated above. 

111. ORDER 

By majority vote of a quorum of the Board members, the proposed amendments were 

approved by the Board on July 7, 2009. The proposed amendments are to be set forth in 20.2.2 

NMAC, 20.2.74 NMAC, and 20.2.79 NMAC with any appropriate corrections of typographical 

errors, formatting, or other changes necessary to file these regulations with the New Mexico 

State Records Center. The regulations described in this Order are hereby adopted, to be effective 

30 days after filing with the State Records Center. 

Dated: 

On Behalf of the Board 

EIB 09-04 (R) - Statement of Reasons 

Page 3 of 3 
 1 

 1 STATE OF NEW MEXICO 

 ENVIRONMENTAL IMPROVEMENT BOARD 

 2 

 3 No. EIB 09-04(R) 

 4 IN THE MATTER OF PROPOSED AMENDMENTS TO: 

 20.2.2 NMAC - DEFINITIONS 

 5 20.2.74 NMAC - PERMITS - PREVENTION OF SIGNIFICANT 

 DETERIORATION 

 6 20.2.79 NMAC - PERMITS - NONATTAINMENT AREAS 

 7 

 8 

 9 

 10 

 11 

 12 TRANSCRIPT OF PROCEEDINGS 

 13 

 14 BE IT REMEMBERED that on the 7th day of July, 

 15 2009, the above-entitled matter came on for hearing 

 16 before the New Mexico Environmental Improvement Board, 

 17 taken at the State Capitol Building, Room 317, 490 Old 

 18 Santa Fe Trail, Santa Fe, New Mexico, at the hour of 

 19 11:05 a.m. 

 20 

 21 

 22 

 23 

 24 

 25 

 KATHY TOWNSEND COURT REPORTERS 
 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 

 (505) 243-5018 - Fax (505) 243-3606 
 2 

 1 A P P E A R A N C E S 

 2 

 3 For the Environmental Improvement Board: 

 4 GAY DILLINGHAM 

 GREGORY GREEN, Chair 

 5 SOREN PETERS 

 HAROLD TSO 

 6 

 ADRIAN TERRY 

 7 Assistant Attorney General 

 Civil Division 

 8 Office of the Attorney General 

 Post Office Drawer 1508 

 9 Santa Fe, New Mexico 87504-1508 

 (505) 827-6040 

 10 aterry@nmag.gov 

 11 For the New Mexico Environment Department: 

 12 BILL GRANTHAM 

 Assistant General Counsel 

 13 Office of General Counsel 

 New Mexico Environment Department 

 14 1190 St. Francis Drive 

 Santa Fe, New Mexico 87505 

 15 (505) 827-2824 

 Bill.grantham@state.nm.us 

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 KATHY TOWNSEND COURT REPORTERS 
 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 

 (505) 243-5018 - Fax (505) 243-3606 
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 1 I N D E X 

 2 PAGE 

 3 WITNESSES: 

 4 GAIL COOKE 

 5 Direct Examination by Mr. Grantham 6 

 6 Examination by the Board 16 

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 KATHY TOWNSEND COURT REPORTERS 
 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 

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 1 E X H I B I T S 

 2 MARKED/ADMITTED 

 3 NMED: 

 4 1. Written Testimony of Gail Cooke 15 

 5 2. Proposed rule changes to 20.2.2 NMAC 15 

 6 3. Proposed rule changes to 20.2.74 NMAC 15 

 7 4. Proposed rule changes to 20.2.79 NMAC 15 

 8 5. April 25, 2007, Federal Register 

 9 notice, PM2.5 Implementation Rule 

 10 (Submitted electronically only) 15 

 11 6. November 29, 2005, Federal Register 

 12 notice, 8 Hour Ozone Implementation 

 13 Rule 15 

 14 7. Notice of public meeting and hearing 15 

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 KATHY TOWNSEND COURT REPORTERS 
 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 

 (505) 243-5018 - Fax (505) 243-3606 
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 1 MR. PETERS: Carrying on with another hearing, 

 2 this is a hearing in EIB Number 09-04(R) to consider 

 3 proposed amendments to 20.2.2, 20.2.74, 20.2.79 NMAC, 

 4 Permits - Prevention of Significant Deterioration and 

 5 Permits - Nonattainment Areas. 

 6 I am Soren Peters, I am the EIB member who is 

 7 designated as Hearing Officer in this matter. 

 8 For the record, the time is now 11:05, we are 

 9 in the Capitol, Room 317, Santa Fe, July 7th, 2009. 

 10 We are here to consider the petition for 

 11 rule-making submitted by the Air Quality Bureau in the 

 12 New Mexico Environment Department. 

 13 This hearing will be conducted in accordance 

 14 with the Board's rule-making procedures. This hearing 

 15 will be conducted in a fair and impartial manner, et 

 16 cetera, et cetera. 

 17 Mr. Grantham, do you have any opening 

 18 statements? 

 19 MR. GRANTHAM: Thank you, Mr. Hearing Officer, 

 20 members of the Board. 

 21 My name is Bill Grantham, again for the 

 22 record, and I'm an attorney for the Environment 

 23 Department. 

 24 With me here today is Gail Cooke of the Air 

 25 Quality Bureau. She will provide testimony in support 

 KATHY TOWNSEND COURT REPORTERS 
 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 

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 1 of amendments to these three parts of the NMAC. 

 2 And as Ms. Cooke will testify, when EPA 

 3 revises the National Ambient Air Quality Standards, 

 4 states are required to submit revisions to their state 

 5 implementation plans, and the changes proposed today are 

 6 in response to recent revisions to the National Air -- 

 7 National Ambient Air Quality Standards for PM2.5 and 

 8 ozone. 

 9 And without further ado, I would like to have 

 10 Ms. Cooke sworn in and provide testimony. 

 11 GAIL COOKE 

 12 having been first duly sworn or affirmed, was 

 13 examined and testified as follows: 

 14 DIRECT EXAMINATION 

 15 BY MR. GRANTHAM: 

 16 Q. Please state your name for the record. 

 17 A. My name is Gail Cooke. 

 18 Q. And, Ms. Cooke, where do you work? 

 19 A. I work for the New Mexico Environment 

 20 Department Air Quality Bureau. 

 21 Q. And what do you do for the Bureau? 

 22 A. I develop and review state implementation 

 23 plans and community initiative projects and develop 

 24 regulatory and conduct -- sorry -- I develop regulatory 

 25 language and conduct public outreach. 

 KATHY TOWNSEND COURT REPORTERS 
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 1 Q. And how long have you been in your current 

 2 position? 

 3 A. I've been there for 10 years. 

 4 Q. And can you briefly describe your educational 

 5 background? 

 6 A. Yes. I have a master -- or -- I'm sorry. I 

 7 have a bachelor degree in environmental design from 

 8 Texas A&M, and I have a master degree in urban and 

 9 regional planning with emphasis in environmental 

 10 planning from Virginia Tech. 

 11 Q. And can you describe the purpose of your 

 12 testimony today? 

 13 A. Yes, I can. 

 14 Chairman and members of the Board, I'm here to 

 15 present the New Mexico Environment Department's proposed 

 16 amendments to 20.2.2 NMAC, Definitions; 20.2.74 NMAC, 

 17 Permits - Prevention of Significant Deterioration; and 

 18 20.2.79 NMAC, Permits - Nonattainment Areas. 

 19 NMED's Exhibits 2 through 4 reflects the 

 20 Department's proposed amendments in current NMAC format. 

 21 The proposed amendments are shown in standard 

 22 legislative format. New material is underlined, and 

 23 deleted material is stricken or designated as stricken. 

 24 20.2.2 NMAC, which is Exhibit 2, is 

 25 hereinafter referred to as Part 2; 20.2.74 NMAC, 

 KATHY TOWNSEND COURT REPORTERS 
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 1 Exhibit 3, as Part 74; and 20.2.79 NMAC, which is 

 2 Exhibit 4, as Part 79. 

 3 MR. GREEN: Mr. Hearing Officer? 

 4 MR. PETERS: Yes, sir. 

 5 MR. GREEN: Can we take a short recess? 

 6 We all seem to be having trouble getting our 

 7 link to come up. 

 8 MS. COOKE: Oh, okay. 

 9 MR. PETERS: What do you propose? Five or ten 

 10 minutes or -- 

 11 MR. GREEN: Just -- if that's all right? 

 12 MR. PETERS: Yes. That's okay. 

 13 (Proceedings in recess from 11:10 a.m. to 

 14 11:14 a.m.) 

 15 MR. PETERS: Back on the record. 

 16 MS. COOKE: Okay. Let me get situated again. 

 17 MR. GREEN: Thank you. 

 18 Q. (BY MR. GRANTHAM) Ms. Cooke, when we took a 

 19 brief recess, you were discussing that there were 

 20 exhibits, Exhibits NMED 2, 3 and 4, which are the texts 

 21 of proposed revisions to Part 2, Part 74 and Part 79. 

 22 Are those complete copies of proposed 

 23 amendments? 

 24 A. Yes, they are. 

 25 Q. And, Ms. Cooke, did you prefile a summary of 

 KATHY TOWNSEND COURT REPORTERS 
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 1 your technical testimony, providing detailed information 

 2 on those amendments? 

 3 A. Yes, I did. 

 4 Q. And is that included in the notice of intent 

 5 as NMED Exhibit 1? 

 6 A. Yes. Yes, it is. 

 7 Q. Can you just describe why the Department is 

 8 proposing to revise these three regulations? 

 9 A. NMED is proposing revisions to Parts 2, 74 and 

 10 79 to comply with implementation rules adopted by the US 

 11 Environmental Protection Agency for the National Ambient 

 12 Air Quality Standards for eight-hour ozone and for 

 13 particulate matter 25 microns in size or less, or what 

 14 is referred to as PM2.5. 

 15 Under Section 110(a) of the federal Clean Air 

 16 Act, states are required to update state implementation 

 17 plans upon the promulgation of a new or revised National 

 18 Ambient Air Quality Standard within three years of that 

 19 promulgation. 

 20 Q. Can you describe the proposed amendments to 

 21 each of those parts? 

 22 A. Yes, I can. 

 23 The proposed revisions to Part 2 are in 

 24 response to the new PM2.5 National Ambient Air Quality 

 25 Standard implementation rule promulgated by EPA in April 

 KATHY TOWNSEND COURT REPORTERS 
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 1 of 2007. 

 2 This is Exhibit 5. 

 3 The new -- the PM2.5 National Ambient Air 

 4 Quality Standard promulgated by EPA is a new standard 

 5 that has not been included in New Mexico's State 

 6 Implementation Plan and needs to be defined for 

 7 regulatory purposes. 

 8 The implementation rule for the new PM2.5 

 9 standard requires definitions for PM2.5 and PM2.5 

 10 emissions be included in the definitions section of the 

 11 state's air quality regulations. 

 12 The proposed revisions to Part 74 are in 

 13 response to the eight-hour ozone National Ambient Air 

 14 Quality Standard -- or Standard implementation rule -- 

 15 excuse me -- promulgated by EPA in November of 2005. 

 16 This is Exhibit 6. 

 17 Included with this rule are revisions to the 

 18 federal Prevention of Significant Deterioration rule in 

 19 order to include nitrogen oxides as an ozone precursor. 

 20 Specifically, EPA amended the definitions of major 

 21 stationary source, major modification and regulated new 

 22 source review pollutant to include nitrogen oxide as an 

 23 ozone precursor. 

 24 The proposed revisions to Part 79 are also in 

 25 response to the eight-hour ozone National Ambient Air 

 KATHY TOWNSEND COURT REPORTERS 
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 1 Quality Standard implementation rule. Specifically, the 

 2 proposed revisions incorporate major source -- I'm 

 3 sorry -- the proposed revisions incorporate major 

 4 stationary source thresholds, significant emission rates 

 5 and offset ratios pursuant to Part D of Title I of the 

 6 Clean Air Act for the eight-hour ozone National Ambient 

 7 Air Quality Standard, the carbon monoxide National 

 8 Ambient Air Quality Standard, and particulate matter 

 9 10 microns in size and less National Ambient Air Quality 

 10 Standard. 

 11 EPA also changed the requirement for emission 

 12 reductions achieved from shutdowns or curtailments for 

 13 clarification purposes. 

 14 Table 1 in my written testimony outlined the 

 15 specific revisions for each of the NMAC rules. 

 16 Q. And who would be affected by the amendments to 

 17 this rule if they are adopted? 

 18 A. The revisions to Parts 2 and 74 will apply to 

 19 permitted sources statewide. The revisions to both 

 20 parts are relatively minor and should have a very 

 21 limited effect on sources in the state. 

 22 The revisions to Part 2 only establishes 

 23 definitions for the new PM2.5 National Ambient Air 

 24 Quality Standard. These definitions are needed for 

 25 future reference to the standard within the state 

 KATHY TOWNSEND COURT REPORTERS 
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 1 regulations. 

 2 The revisions to Part 74 presented today 

 3 update the state's Prevention of Significant 

 4 Deterioration program to include nitrogen oxides as an 

 5 ozone precursor in attainment and unclassifiable areas. 

 6 Nitrogen oxides and volatile organic compounds, or VOCs, 

 7 are the two main precursors in the formation and 

 8 transport of ozone. 

 9 The revisions to Part 79 are needed to update 

 10 this regulation to correspond with other air quality 

 11 laws, rules and regulations. 

 12 Part 79 only applies to areas that have been 

 13 found to be in violation of a federal -- a federal air 

 14 quality standard or what is referred to as a 

 15 nonattainment area. Therefore, revisions to Part 79 

 16 will affect only major permitted sources that are 

 17 located in nonattainment areas. 

 18 Presently there is only one nonattainment area 

 19 under the Department's jurisdiction in New Mexico. The 

 20 nonattainment area is located in Southern Dona Ana 

 21 County, in Anthony, New Mexico. Anthony was designated 

 22 nonattainment by EPA in 1991. 

 23 Today's proposed revisions to Part 79 will not 

 24 affect the nonattainment area in Anthony, New Mexico, 

 25 because this area is not nonattainment for ozone. This 

 KATHY TOWNSEND COURT REPORTERS 
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 1 area was originally designated nonattainment due to high 

 2 wind events, not emissions from permitted point sources. 

 3 The proposed revisions will affect any future 

 4 ozone nonattainment areas within the State of New 

 5 Mexico's jurisdiction. 

 6 Q. And what about small businesses? Will they be 

 7 affected by the amendments to the rule? 

 8 A. The proposed changes will not adversely affect 

 9 small businesses. 

 10 To the Department's knowledge, the only 

 11 facility potentially affected by the amendments is El 

 12 Paso Electric located in Sunland Park, New Mexico, and 

 13 an area for which the state has recommended 

 14 nonattainment status with respect to the new eight-hour 

 15 ozone standard. This facility is not a small business 

 16 as defined by the Small Business Regulatory Relief Act. 

 17 Moreover, if New Mexico were not to adopt 

 18 these revisions, EPA would be obliged to exercise its 

 19 oversight authority and issue a Federal Implementation 

 20 Plan for this rule. 

 21 Q. Did the Air Quality Bureau provide a public 

 22 comment period for these revisions? 

 23 A. Yes. Yes, we did. 

 24 Q. And can you explain when and how that was 

 25 conducted? 

 KATHY TOWNSEND COURT REPORTERS 
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 1 A. Out -- outreach was conducted for all three 

 2 regulations in the form of public notices, which is 

 3 Exhibit 7, and an open house. 

 4 Q. Did you receive any public comment through 

 5 that process? 

 6 A. No, we did not receive any public comment. 

 7 And I'd like -- also like to add that the 

 8 federal government also does an extensive public comment 

 9 period during their initial writing and review of these 

 10 rules. 

 11 Q. So are there facilities in New Mexico that are 

 12 currently subject to these rules? 

 13 A. Yes. Although states are required to adopt 

 14 federally promulgated rules, once the rules are adopted 

 15 by the federal government, they are -- they are 

 16 applicable to all states regardless if a state has 

 17 adopted these revisions or not. 

 18 The purposes for adoption of federally 

 19 promulgated rules and revisions on the state level are 

 20 to fulfill the requirements of the Clean Air Act and to 

 21 grant states the authority to oversee and enforce those 

 22 rules. 

 23 So although the proposed revisions to Parts 2, 

 24 74 and 79 have not been adopted on the state level, 

 25 affected sources have been subject to these revisions 

 KATHY TOWNSEND COURT REPORTERS 
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 1 since the promulgation of the federal -- since the 

 2 promulgation on a federal level. Excuse me. 

 3 Q. And what would happen if the proposed rules 

 4 amendments are not adopted by the Board? 

 5 A. A notice of deficiency by EPA. There's a 

 6 Federal Implementation -- Implementation Plan will be 

 7 put into effect, and primacy is at stake. 

 8 Also, not adopting the proposed regulation 

 9 revisions could create a hardship for businesses within 

 10 New Mexico due to the fact that EPA would now be -- be 

 11 responsible for these rules and EPA would not have 

 12 direct access to these businesses, thus causing 

 13 potential delays in permitting and enforcement actions. 

 14 Q. Based on your knowledge of the proposed 

 15 revisions and your expertise and experience in this 

 16 area, is it your opinion that these revisions should be 

 17 approved? 

 18 A. Yes, it is my opinion that they should be 

 19 approved. 

 20 MR. GRANTHAM: Mr. Hearing Officer, at this 

 21 time, I'd like to move for admission of NMED Exhibits 1 

 22 through 7. 

 23 MR. PETERS: So admit. 

 24 (Exhibits NMED 1 through 7 admitted into 

 25 evidence.) 

 KATHY TOWNSEND COURT REPORTERS 
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 1 MR. GRANTHAM: Attached to the notice of 

 2 intent is also NMED Exhibit 8, which is our proposed 

 3 statement of reasons that's attached as an amendment 

 4 because that's what the rules specify. I'm not sure if 

 5 that's -- 

 6 MR. PETERS: Thank you. 

 7 MR. GRANTHAM: -- appropriate to move for 

 8 admission, but I wanted to alert the Board to its 

 9 existence there, for possible use by the Board in 

 10 approving these regulations. 

 11 MR. PETERS: Thank you. 

 12 MR. GRANTHAM: I have no more questions for 

 13 the witness. 

 14 MR. PETERS: Any questions from the Board? 

 15 EXAMINATION 

 16 BY THE BOARD: 

 17 MR. PETERS: Is this a time sensitive issue 

 18 with the EPA? 

 19 MS. COOKE: Actually for the revisions for the 

 20 National Ambient Air Quality Standards for ozone, and 

 21 including NOx as a precursor, it is, because we're 

 22 actually beyond the three years, but we worked with EPA 

 23 on this, and they understand that we're going to be a 

 24 bit late. So we've already discussed this with them. 

 25 MR. PETERS: So we're in a bit of a grace 

 KATHY TOWNSEND COURT REPORTERS 
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 1 period with EPA. 

 2 MS. COOKE: Yes. We're fine right now. 

 3 MR. PETERS: Any questions on the subject from 

 4 the public? 

 5 Seeing none, any reason not to close the 

 6 record at this point? 

 7 I close the record and yield the floor to 

 8 Chairman Green. 

 9 (Proceedings adjourned at 11:24 a.m.) 

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 KATHY TOWNSEND COURT REPORTERS 
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 1 STATE OF NEW MEXICO ) 

 2 ) ss. 

 3 COUNTY OF BERNALILLO ) 

 4 

 5 

 6 I, CHERYL ARREGUIN, the officer before whom the 

 7 foregoing proceeding was taken, do hereby certify that 

 8 the witnesses whose testimony appears in the foregoing 

 9 transcript were duly sworn or affirmed; that I 

 10 personally recorded the testimony by machine shorthand; 

 11 that said transcript is a true record of the testimony 

 12 given by said witnesses; that I am neither attorney nor 

 13 counsel for, nor related to or employed by any of the 

 14 parties to the action in which this proceeding is taken, 

 15 and that I am not a relative or employee of any attorney 

 16 or counsel employed by the parties hereto or financially 

 17 interested in the action. 

 18 

 19 

 NOTARY PUBLIC 

 20 CCR License Number: 21 

 Expires: 12/31/09 

 21 

 22 My Commission Expires: 12/12/11 

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 KATHY TOWNSEND COURT REPORTERS 
 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 

 (505) 243-5018 - Fax (505) 243-3606