# TECHNICAL SUPPORT DOCUMENT

July 24, 2013

Revisions to 20.2.74 NMAC submitted January 8, 2013

No material in this submittal package was de signated as Confidential Business Information.

FOR FURTHER INFORMATION CONTACT:

Adina Wiley United States Environmental Prot ection Agency Region 6, Air Permits Section

(6PD-R), 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733, (214) 665-2115.

# Subject: Review of Revisions to the New Mexico State Implementation Plan for

Prevention of Significant Deterioration Permitting

Contents:

I. Executive Summary

II. Background of State Submittal

III. Technical Review of State Submittal

IV. Conclusions

# I. Executive Summary

What actions are evaluated in this Technical Support Document?

This technical support document (TSD) reviews portions of one proposed revision to the New

Mexico State Implementation Plan (SIP) concer ning the Prevention of Significant Deterioration

(PSD) Permitting program for New Mexico. The PSD permitting program applies statewide for

areas that are attainment or unclassifiable for pollutants regulated by th e Clean Air Act (CAA).

This review will determine if the program re visions submitted on January 8, 2013, are consistent

with the requirements of the Clean Air Act and EPA’s policy and guidance.

January 8, 2013

In a letter dated January 8, 2013, David Martin, Secretary of the New Mexico Environment

Department (NMED), submitted revisions to the New Mexico SIP that were adopted by the New

Mexico Environmental Improvement Board (NM EIB) on January 7, 2013. The submitted

revisions were effective on February 6, 2013. This SIP submittal included revisions to the New

Mexico PSD Permitting Program at 20.2.74 NMAC.

What actions are not included in EPA’s current analysis?

This review will not cover revisions to the New Mexico PSD Permitting Program at

20.2.74.7(AZ)(2)( a ) NMAC submitted on January 8, 2013, to adopt and implement EPA’s July

20, 2011 GHG Biomass Deferral Rule. On July 12, 2013, the U.S. Court of Appeals for the D.C.

Circuit issued its decision to v acate the Biomass Deferral Rule. See Center for Biological Diversity v.

EPA (D.C. Cir. No. 11-1101).



# This review will also not cover the revisions to the New Mexico Operating Permits Program at

20.2.70 NMAC, submitted on January 8, 2013. The revisions to the New Mexico Operating

Permits Program are severable from our review of the PSD program subm ittals because the New

Mexico Operating Permits Program is an approve d Part 70 Program authorized under Title V of

the CAA. The PSD program revisions under 20.2.74 NMAC are authorized under Title I of the

CAA and function independently of the Titl e V Operating Permits Program revisions.

II. Background of State Submittals

What previous actions has EPA taken on the New Mexico PSD Program?

EPA’s most recent approval to the New Mexi co PSD program was on January 22, 2013, where

we updated our approval of the NM PSD program to include the required elements for PSD

permitting of PM 2.5 

# . See 78 FR 4339. Since that time, the State of New Mexico has adopted and

submitted one revision to the PSD program on January 8, 2013, affecting the following sections:

 20.2.74.7 NMAC – Definitions,

 20.2.74.320 NMAC – Actuals Plantwide Applicability Limits (PALs)

The submittal included revisions to adopt and implement the GHG Biomass deferral provisions

consistent with EPA’s July 20, 2011 Final Rule titled “Deferral for CO2 Emissions from

# Bioenergy and Other Biogenic Sources Under the Prevention of Significan t Deterioration (PSD)

and Title V Programs”, and the GHG Tailoring Rule Step 3 permitting provisi ons consistent with

EPA’s July 12, 2012 Final Rule titled “Prevent ion of Significant Deterioration and Title V

Greenhouse Gas Tailoring Rule Step 3 a nd GHG Plantwide Applicability Limits”.

On July 12, 2013 the D.C. Circuit Court issued its decision to vacate EPA’s July 20, 2011 Final

Rule titled “Deferral for CO2 Emissions from Bi oenergy and Other Biogenic Sources Under the

Prevention of Significant Deterioration (PSD) and Title V Programs”. At this time, EPA is

severing and taking no action on the revisions to 20.2.74.7 NMAC that have been submitted to

adopt the biomass deferral.

# III. Technical Review of State Submittals

This technical review of the January 8, 2013, revisions to 20.2.74 NMAC consists of a

comparison between the relevant Clean Air Act requirements and the corresponding sections in

the SIP submittal. The January 8, 2013, SIP submitta l will also be reviewed for completeness as

under Part 51, Appendix V.

III.A. Evaluation of the January 8, 2013, SIP subm ittal with respect to section 110(l) of the

CAA

Section 110(l) of the Clean Air Act states:

Each revision to an implementation plan submitte d by a State under this Act shall be adopted by

such State after reasonable notice and public he aring. The Administrator shall not approve a

revision of a plan if the revision would interfer e with any applicable requirement concerning

attainment and reasonable further progress (as de fined in section 171), or any other applicable

requirement of this Act.

Thus, under section 110(l), the January 8, 2013, SIP submittal containing revisions to the NM

PSD permitting program must not interfere with attainment or reasonable further progress or any

other applicable requirement of the Act. The January 8, 2013, revisions to the New Mexico PSD

permit program were adopted by the New Mexi co EIB to implement the GHG Tailoring Rule

Step 3 provisions finalized by EP A. The provisions adopted by the NM EIB are substantively

identical to those finalized by the EPA. Ther efore, because the January 8, 2013, SIP submittal

was developed and adopted in accordance with EPA’s own regulations, these revisions by

extension will not interfere with any applic able requirement concerning attainment and

reasonable further progress, or any othe r applicable requirement of the CAA.

# III.B. Evaluation of the January 8, 2013, SI P Submittal with respect to the Part 51,

Appendix V Completeness Checklist

Part 51, Appendix V Completeness Checklists

Appendix V to 40 CFR Part 51 establishes the crit eria for determining the completeness of plan

submissions. Appendix V to Pa rt 51 is outlined below:

1.0 Purpose: This appendix V sets forth th e minimum criteria for determining whether a

State implementation plan submitted for consid eration by EPA is an official submission

for purposes of review under § 51.103.

1.1 The EPA shall return to the submitting official any plan or revision thereof which fails to

meet the criteria set forth in this appendix V, and request corrective action, identifying

the component(s) absent or insufficient to perform a review of the submitted plan.

1.2 The EPA shall inform the submitting official whether or not a plan submission meets the

requirements of this appendix V within 60 days of EPA's receipt of the submittal, but no

later than 6 months after the date which th e State was required to submit the plan or

revision. If a completeness determination is not made by 6 months from receipt of a

submittal, the submittal shall be deemed complete by operation of law on the date 6

months from receipt. A determination of co mpleteness under this paragraph means that

the submission is an official submission for purposes of §51.103.

The attached checklist outlines the basic criter ia included under 2.1 and 2.2 of Appendix V.

Section 2.3 of Appendix V describes the "paralle l process procedure" which EPA can use to

expedite the review and adoption of SIP re visions. The January 8, 2013 SIP revision was not

submitted with a request for parallel processing; therefore Section 2.3 of Appendix V to 40 CFR

Part 51 is not included in this review.

# SIP Completeness Checklist for the January 8, 2013 SIP Submittal

1. The package is sent with a formal submitta l letter from the Governor or his or her

designee requesting EPA's approval of the revision.

Mr. David Martin, Secretary of the New Mexi co Environment Department, in a letter

dated January 8, 2013, submitted revisions to the New Mexico State Implementation Plan

(SIP) to amend the PSD programs at 20.2.74 NMAC. EPA Region 6 Air Planning Section

received the submittal on January 18, 2013. This submittal package also included

amendments to the New Mexico Operati ng Permits Program at 20.2.70 NMAC, but as

explained previously in Secti on I of this TSD, 20.2.70 NMAC is not under review in this

TSD.

In a letter dated August 31, 2011, Governor Martin ez designated the authority to submit

revisions to the New Mexico SIP to the Secretary of the New Mexico Environment

Department.

2. Evidence is included that the State has adopt ed the revision in the State code or body of

regulations, or that the State has issued th e permit, order, consen t agreement (hereafter

document) in final form. This evidence would include the date of adoption or final

issuance and the effective date of revision, if different from adoption/issuance date.

The revisions were adopted by the NM EIB on January 7, 2013, and became effective on

February 6, 2013.

3. Evidence is included that the State has necessary legal authority under State law to adopt

and implement the revision, e.g., a citati on of the appropriate State authority.

The New Mexico Air Quality Act provides for regulation at 74-2-5.1 NMSA 1978. Duties

and powers of the department and the local agency; and for plan revisions at 74-2-5.2

NMSA 1978. State air pollution control age ncy; specific duties and powers of the

department.

4. A copy is included of the actual regulation or document submitted for approval and

incorporation by reference into the SIP includin g an indication of the changes made to the

existing approved plan where applicable. The submittal shall be a copy of the official

State regulation document signed, stamped, and dated by the appropria te State official

indicating that it is fully enforceable by the State. The effective date of the regulation

document shall, whenever possible, be indicated in the document itself.

The January 8, 2013 submittal included a copy of the official State regulation document,

signed and dated by Ms. Deborah Peacock, Chair of the New Mexico Environmental

Improvement Board. The effective dat e is indicated as February 6, 2013.

# 5. Evidence is included that the State followed all the procedural requirements of its laws

and/or its constitution in the conducting a nd completing the adoption/issuance of the

plan.

The January 8, 2013, SIP submittal included a letter signed by Bill Grantham, Assistant

General Counsel to the New Mexico Environm ent Department, that demonstrated the SIP

submittal was developed pursuant to 20.1.1 NMAC – Rulemaking Procedures. The NM

EIB is authorized to adopt revisions to the NM PSD/NNSR program under the New

Mexico Air Quality Contro l Act, NMSA 1978, §74-2-5.

6. Evidence is included that public notice was given of the proposed changes consistent

with the procedures approved by EPA, including the date of publication of such notice,

(e.g., notarized or certified c opies of any public notices publ ished in newspapers). (The

notice should be at least 30 days prior to the public hearing(s).

Notices of public hearings were published in the following publications on the date

listed:

 The Albuquerque Journal on October 6, 2012.

 The New Mexico Register on September 28, 2012.

7. A certification is included indi cating that public hearing(s) was/were held in accordance

with the information provided in the pub lic notice(s) and the State's laws and

constitution, if applicable.

The submittal package included a transcrip t of the December 3, 2012 public hearing.

8. A compilation of public comments and the State's response is included.

The NMED did not receive any comments on the rulemaking.

The State should include the followi ng technical information in its SIP revision request package.

1. Identification of all regu lated pollutants affected by the revision is included.

The January 8, 2013 submittal revises the New Mexico PSD permitting regulations to

defer the applicability of the GHG PSD provisions for sources of biomass.

2. Identification of the locations of affected sources including the EPA

attainment/nonattainment design ation of the locations and th e status of the attainment

plan for the affected area(s) is included.

The January 8, 2013, revisions to 20.2.74 NMAC will apply to major sources subject to

the PSD permitting program statewide.

# 3. Quantification of the changes in SIP allowa ble emissions from the affected sources is

included. (Examples include estimates of changes in current actual emissions from

affected sources and/or, where appropriate, quantification of changes in actual emissions

from affected sources through calculations of the differences between certain baseline

levels and allowable emissions anticipat ed if the revisions were approved.)

Not required for the January 8, 2013 revisions to the New Mexico PSD permit program.

Allowable emissions consistent with the PSD permitting requirements will be addressed

on a permit-by-permit basis.

4. Demonstration is included that the NAAQ S/PSD increments/RFP demonstration and

visibility as applicable would be prot ected if the revision were approved and

implemented.

The January 8, 2013 revisions to the New M exico PSD permit program are adopted and

submitted consistent with th e revisions to the federal GHG PSD permitting requirements.

Adoption of these programs will protect the NAAQS/PSD increments/RFP demonstration

and visibility.

5. FOR REDESIGNATIONS:

a. Is there a fully approved maintenance plan for the primary ambient air quality

standards for at least 10 years as requ ired by §175A of the Clean Air Act?

Not applicable.

b. Are contingency measures included?

Not applicable.

6. Modeling information, if app licable, is required to s upport the proposed revision.

Modeling information is not necessary to support the January 8, 2013 SIP submittal.

Modeling will be provided on a permit-by-p ermit basis in accordance with the PSD

regulations.

7. Evidence is included where necessary, that emission limitations are based on continuous

emission reduction technology (e.g., add-on controls, industria l/process equipment

designs, reformulated materials, etc.).

The January 8, 2013 SIP submittal does not establish emission limitations. Emission

limitations will be established on a permit-by -permit basis according to the applicable

PSD requirements.

8. Evidence is included indicating that a SIP re vision contains emission limitations, work

practice standards, and recordkeeping/reporti ng requirements to ensure stated emission

levels.

# The January 8, 2013, SIP submittal does not estab lish emission limitations, work practice

standards, and recordkeeping/reporting requireme nts to ensure stated emission levels.

Each PSD permit will include these items as necessary to impl ement the CAA and the

PSD permit program.

9. Compliance/enforcement strategies including how compliance will be determined in

practice (including at what frequency).

The January 8, 2013, SIP submittal does not establish compliance/enforcement

strategies. Each PSD permit will separately address compliance/enforcement.

10. As appropriate, special economic and tec hnological jus tifications are included per

applicable EPA policies or an explanation why such justificati ons are not necessary

should be included. For example, requests for alternative RACT may require such

justification.

These justifications are not necessa ry for the January 8, 2013 SIP submittal.

The January 8, 2013 SIP submittal satisfy the completeness criteria established in 40 CFR

part 51, Appendix V.

# 11 

# III.C. Evaluation of the January 8, 2013, SI P Submittal with respect to the federal

requirements for PSD Permit Programs

On January 22, 2013, at 78 FR 4339, EPA SIP-approved revisions to 20.2.74 NMAC that were

adopted on June 11, 2009 and May 23, 2011. Subse quent to the revisions adopted on May 23,

2011, the NM EIB adopted revisions to 20.2.74 NMAC on January 7, 2013, effective February 6,

2013. NMED Secretary David Martin submitted th ese revisions to the NM SIP on January 8,

2013.

The following tables evaluate the revisions to 20.2.74 NMAC submitted on January 8, 2013.

These revisions intend to address the PSD permitting provisions of EPA’s July 12, 2012 GHG

Tailoring Rule Step 3 PAL provisions.

The table will provide a compar ison of the existing SIP-approved language, the revised language

and any applicable federal requirements – along with an analysis. Note that the January 8, 2013

submittal revised sections 20.2.74.7 and 20.2.74.302 NMAC. The following table presents and

analyzes only revisions to these sections of 20.2.74 NMAC. The remaining sections are

unchanged from the version most recently SIP-approved by EPA.12Table III.C.1 – Evaluation of January 8, 2013 Revisions to 20.2.74 NMACExisting NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirements20.2.74.7 – Definitions: Terms used but not definedin this plan shall have the meaning given them by20.2.2 NMAC (Definitions) (formerly AQCR 100).As used in this plan the following definitions shallapply.20.2.74.7 – Definitions: Terms used but not definedin this plan shall have the meaning given them by20.2.2 NMAC (Definitions) (formerly AQCR 100).As used in this plan the following definitions shallapply.No change to the SIP-approved heading.A.“Act” means the Federal Clean Air Act, asamended, 42 U. S. C. Sections 7401 et seq.No Change No change to the existing SIP-approved language.B.“Actual emissions” means the actual rate ofemissions of a regulated new source reviewpollutant from an emissions unit, as determinedin accordance with Paragraphs (2) through (4)of this subsection.(1)This definition shall not apply forcalculating whether a significant emissionsincrease has occurred, orfor establishing aPAL under 20.2.74.320 NMAC. Instead,Subsections G and AQ of this section shallapply for those purposes.(2)In general, actual emissions as of aparticular date shall equal the average rate,in tons per year, at which the unit actuallyemitted the pollutant during a consecutive24-month period which precedes theparticular date and which is representativeof normal source operation. Thedepartment shall allow the use of adifferent time period upon a determinationthat it is more representative of normalsource operation. Actual emissions shallbe calculated using the unit's actualoperating hours, production rates, andtypes of materials processed, stored, orcombusted during the selected time period.(3)The department may presume that sourceNo Change No change to the existing SIP-approved language.13Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementsspecific allowable emissions for the unitare equivalent to the actual emissions ofthe unit.(4)For any emissions unit that has not begunnormal operations on the particular date,actual emissions shall equal the potentialto emit of the unit on that date.C.“Administrator” means the administrator of theU.S. Environmental Protection Agency (EPA)or an authorized representative.No Change No change to the existing SIP-approved language.D.“Adverse impact on visibility” means visibilityimpairment which interferes with themanagement, protection, preservation, orenjoyment of the visitor's visual experience ofthe class I federal area. This determinationmust be made on a case-by-case basis takinginto account the geographic extent, intensity,duration, frequency, and time of the visibilityimpairments and how these factors correlatewith the following: 1) times of visitor use ofthe class I federal area; and 2) the frequencyand timing of natural conditions that reducevisibility. This term does not include effectson integral vistas as defined in 40 CFR 51.301Definitions.No Change No change to the existing SIP-approved language.E.“Allowable emissions” means the emissionsrate of a stationary source calculated using themaximum rated capacity of the source (unlessthe source is subject to federally enforceablelimits which restrict the operating rate, orhours of operation, or both) and the moststringent of the following:(1)the applicable standards as set forth in 40CFR Parts 60 and 61;(2)the applicable state implementation planNo Change No change to the existing SIP-approved language.14Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementsemissions limitation, including those witha future compliance date; or(3)the emissions rate specified as a federallyenforceable permit condition, includingthose with a future compliance date.F.“Attainment area” means,for any air pollutant,an area which is shown by monitored data orwhich is calculated by air quality modeling notto exceed any national ambient air qualitystandard for such pollutant, and is sodesignated under Section 107 (d) (1) (D) or (E)of the act.No Change No change to the existing SIP-approved language.G.“Baseline actual emissions” means the rate ofemissions, in tons per year, of a regulated newsource review pollutant, as determined inaccordance withthe following.(1)For any existing electric utility steamgenerating unit, baseline actual emissionsmeans the average rate, in tons per year, atwhich the unit actually emitted thepollutant during any consecutive 24-monthperiod selected by the owner or operatorwithin the 5-year period immediatelypreceding when the owner or operatorbegins actual construction of the project.The department shall allow the use of adifferent time period upon a determinationthat it is more representative of normalsource operation.(a)The average rate shall include fugitiveemissions to the extent quantifiable,and emissions associated withstartups, shutdowns, andmalfunctions.(b)The average rate shall be adjustedNo Change No change to the existing SIP-approved language.15Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementsdownward to exclude any noncompliant emissions that occurredwhile the source was operating abovean emission limitation that was legallyenforceable duringthe consecutive24-month period.(c)For a regulated new source reviewpollutant, when a project involvesmultiple emissions units, only oneconsecutive 24-month period must beused to determine the baseline actualemissions for the emissions unitsbeing changed. A differentconsecutive 24-month period can beused For each regulated new sourcereview pollutant.(d)The average rate shall not be based onany consecutive 24-month period forwhich there is inadequate informationfor determining annual emissions, intons per year, and for adjusting thisamount if required by Subparagraph(b) of this paragraph.(2)For an existing emissions unit (other thanan electric utility steam generating unit),baseline actual emissions means theaverage rate, in tons per year, at which theemissions unit actually emitted thepollutant during any consecutive 24-monthperiod selected by the owner or operatorwithin the 10-year period immediatelypreceding either the date the owner oroperator begins actual construction of theproject, or the date a complete permitapplication is received by the department16Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementsfor a permit required either under this partor under a plan approved by theadministrator, whichever is earlier, exceptthat the 10-year period shall not includeany period earlier than November 15,1990.(a)The average rate shall include fugitiveemissions to the extent quantifiable,and emissions associated withstartups, shutdowns, andmalfunctions.(b)The average rate shall be adjusteddownward to exclude any noncompliant emissions that occurredwhile the source was operating abovean emission limitation that was legallyenforceable duringthe consecutive24-month period.(c)The average rate shall be adjusteddownward to exclude any emissionsthat would have exceeded an emissionlimitation with which the majorstationary source must currentlycomply, had such major stationarysource been required to comply withsuch limitations during theconsecutive 24-month period.However, if an emission limitation ispart of a maximum achievable controltechnology standard that theadministrator proposed orpromulgated under 40 CFR Part 63,the baseline actual emissions needonly be adjusted if the state has takencredit for such emissions reductions in17Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementsan attainment demonstration ormaintenance plan consistent with therequirements of 40 CFR 51.165(a) (3)(ii) (G).(d)For a regulated new source reviewpollutant, when a project involvesmultiple emissions units, only oneconsecutive 24-month period must beused to determine the baseline actualemissions for the emissions unitsbeing changed. A differentconsecutive 24-month period can beused for each regulated new sourcereview pollutant.(e)The average rate shall not be basedon any consecutive 24-month periodfor which there is inadequateinformation for determining annualemissions, in tons per year, and foradjusting this amount if required bySubparagraphs (b) and (c) of thisparagraph.(3)For a new emissions unit, the baselineactual emissions for purposes ofdetermining the emissions increase thatwill result from the initial construction andoperation of such unit shall equal zero;and thereafter, for all other purposes, shallequal the unit's potential to emit.(4)For a PAL for a stationary source, thebaseline actual emissions shall becalculated for existing electric utilitysteam generating units in accordance withthe procedures contained in Paragraph (1)of this subsection, for other existing18Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementsemissions units in accordance with theprocedures contained in Paragraph (2) ofthis subsection, and for a new emissionsunit in accordance with the procedurescontained in Paragraph (3) of thissubsection.H."Baseline area” means all lands designated asattainment or unclassifiable in which themajor source or major modificationestablishing the minor source baseline datewould construct or would have an air qualityimpact for the pollutant for which thebaseline date is established, as follows: equalto or greater than one microgram per cubicmeter (annual average) for sulfur dioxide.nitrogen dioxide, or PM10; or equal or greaterthan 0.3 microgram per cubic meter (annualaverage) for PM2.5.The major source ormajor modification establishes the minorsource baseline date (see the definition"minor source baseline date" in this part).Lands are designated as attainment orunclassifiable under Section 107(d)( 1)(A)(ii)or (iii) of the act within each federal airquality control region in the state of NewMexico. Any baseline area establishedoriginally for TSP (total suspendedparticulates) increments shall remain in effectand shall apply for purposes of determiningthe amount of available PM10 increments. ATSP baseline area shall not remain in effect ifthe department rescinds the correspondingminor source baseline date (see "minor sourcebaseline date" in this part).No Change No change to the existing SIP-approved language.I.“Baseline concentration” means that ambient No ChangeNo change to the existing SIP-approved language.19Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementsconcentration level that exists in the baselinearea at the time of theapplicable minor sourcebaseline date.(1)A baseline concentration is determined foreach pollutant for which a minor sourcebaseline date is established and shallinclude:(a)the actual emissions, as defined in thissection, representative of sources inexistence on the applicable minorsource baseline date, except asprovided in Paragraph (2) of thissubsection;(b)the allowable emissions of majorstationary sources that commencedconstruction before the major sourcebaseline date, but were not inoperation by the applicable minorsource baseline date.(2)The following will not be included in thebaseline concentration and will affect theapplicable maximum allowableincrease(s):(a)actual emissions, as defined in thissection, from any major stationarysource on which constructioncommenced after the major sourcebaseline date; and(b)actual emissions increases anddecreases, as defined in Subsection Bof this section, at any stationarysource occurring after the minorsource baseline date.J.“Begin actual construction” means, in general,initiation of physical onsite constructionNo Change No change to the existing SIP-approved language.20Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementsactivities on an emissions unit which are of apermanent nature. Such activities include, butare not limited to, installation of buildingsupports and foundations, laying undergroundpipework and construction of permanentstorage structures. With respect to a change inmethod of operations, this term refers to thoseon-site activities other than preparatoryactivities which mark the initiation of thechange.K.“Best Available Control Technology(BACT)” means an emissions limitation(including a visible emission standard) basedon the maximum degree of reduction for eachregulated pollutant which would be emittedfrom any proposed major stationary source ormajor modification, which the secretarydetermines is achievable on a case-by-casebasis. This determination will take into accountenergy, environmental, and economic impactsand other costs. The determination must beachievable for such source or modificationthrough application of production processes oravailable methods, systems, and techniques,including fuel cleaning, clean fuels, ortreatment or innovative fuel combustiontechniques for control of such pollutants. In noevent shall application of best available controltechnology result in emissions of any pollutantwhich would exceed the emissions allowed byany applicable standard under 40 CFR Parts 60and 61. If the secretary determines thattechnological or economic limitations on theapplication of measurement methodology to aparticular emissions unit would make theNo Change No change to the existing SIP-approved language.21Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementsimposition of an emissions standard infeasible,a design, equipment, work practice, operationalstandard, or combination thereof, may beprescribed instead to satisfy the requirementfor the application of best available controltechnology. Such standard shall, to the degreepossible, set forth the emissions reductionachievable by implementation of such design,equipment, work practice, or operation, andshall provide for compliance by means whichachieve equivalent results.L.“Building, structure, facility, orinstallation” means all of the pollutant emittingactivities which belong to the same industrialgrouping, are located on one or morecontiguous or adjacent properties, and areunder the control of the same person (orpersons under common control). Pollutantemitting activities shall be considered as partof the same industrial grouping if they belongto the same “major group” (i.e., which have thesame first two digit code) as described in thestandard industrial classification (SIC) manual,1972, as amended by the 1977 supplement (U.S. government printing office stock numbers4101-0066 and 003-005-00176-0, respectively)or any superseding SIC manual.No Change No change to the existing SIP-approved language.M.“Class I federal area” means any federal landthat is classified or reclassified as “class I” asdescribed in 20.2.74.108 NMAC.No Change No change to the existing SIP-approved language.N.“Commence” means, as applied to constructionof a major stationary source or majormodification, that the owner or operator has allnecessary preconstruction approvals or permitsand has:No Change No change to the existing SIP-approved language.22Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirements(1)Begun, or caused to begin, a continuousprogram of actual on-site construction ofthe source, to be completed within areasonable time; or(2)Entered into binding agreements orcontractual obligations, which cannot becancelled or modified without substantialloss to the owner or operator, to undertakeand complete, withina reasonable time, aprogram of actual construction.O.“Construction” means any physical change orchange in the method of operation (includingfabrication, erection, installation, demolition,or modification of an emissions unit) thatwould result in a change in emissions.No Change No change to the existing SIP-approved language.P.“Continuous emissions monitoring system(CEMS)” means all of the equipment that maybe required to meet the data acquisition andavailability requirements of this section, tosample, condition (if applicable), analyze, andprovide a record of emissions on a continuousbasis.No Change No change to the existing SIP-approved language.Q.“Continuous emissions rate monitoring system(CERMS)” means the total equipment requiredfor the determination and recording of thepollutant mass emissions rate (in terms of massper unit of time).No Change No change to the existing SIP-approved language.R.“Continuous parameter monitoring system(CPMS)” means all of the equipment necessaryto meet the data acquisition and availabilityrequirements of this section, to monitor processand control device operational parameters (forexample, control device secondary voltagesand electric currents)and other information(for example, gas flow rate, O2 or CO2No Change No change to the existing SIP-approved language.23Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementsconcentrations), and to record averageoperational parameter value(s) on a continuousbasis.S.“Department” means the New Mexicoenvironment department.No Change No change to the existing SIP-approved language.T.“Electric utility steam generating unit” meansany steam electric generating unit that isconstructed for the purpose of supplying morethan one-third of its potential electric outputcapacity and more than 25 megawatts electricaloutput to any utility power distribution systemfor sale. Any steam supplied to a steamdistribution system for the purpose ofproviding steam to a steam-electric generatorthat would produce electrical energy for sale isalso considered in determining the electricalenergy output capacity of the affected facility.No Change No change to the existing SIP-approved language.U.“Emissions unit” means any part of astationary source that emits or would have thepotential to emit any regulated new sourcereview pollutant and includes an electric utilitysteam generating unit as defined in this section.For purposes of this section, there are twotypes of emissions units as described in thefollowing.(1)A new emissions unit is any emissionsunit that is (or will be) newly constructedand that has existed for less than 2 yearsfrom the date such emissions unit firstoperated.(2)An existing emissions unit is anyemissions unit that does not meet therequirements in Paragraph (1) of thissubsection. A replacement unit, as definedin this section, is an existing unit.No Change No change to the existing SIP-approved language.24Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal RequirementsV.“Federal land manager” means, with respect toany lands in the United States, a federal levelcabinet secretary of a federal level department(e.g. interior dept.) with authority over suchlands.No Change No change to the existing SIP-approved language.W.“Federally enforceable” means all limitationsand conditions which are enforceable by theadministrator, including:(1)those requirements developed pursuant to40 CFR Parts 60 and 61;(2)requirements within any applicable stateimplementation plan;(3)any permit requirements establishedpursuant to 40 CFR 52.21; or(4)under regulations approved pursuant to 40CFR Part 51, Subpart I including 40 CFR51.165 and 40 CFR 51.166.No Change No change to the existing SIP-approved language.X.“Fugitive emissions” means those emissionswhich could not reasonably pass through astack, chimney, vent, or other functionallyequivalent opening.No Change No change to the existing SIP-approved language.Y."Greenhouse gas" for the purpose of this part isdefined as the aggregate group of the followingsix gases: carbon dioxide, nitrous oxide,methane, hydrofluorocarbons,perfluorocarbons, and sulfur hexafluoride.No Change No change to the existing SIP-approved language.Z.“High terrain” means any area having anelevation nine hundred (900) feet or moreabove the base of a source's stack.No Change No change to the existing SIP-approved language.AA.“Indian governing body” means the governingbody of any tribe, band, or group of Indianssubject to the jurisdiction of the United Statesand recognized by the United States aspossessing power of self-government.No Change No change to the existing SIP-approved language.AB.“Innovative Control Technology” meansany No Change No change to the existing SIP-approved language.25Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementssystem of air pollution control that has notbeen adequately demonstrated in practice. Butsuch system would have a substantiallikelihood of achieving greater continuousemissions reduction than any control system incurrent practice or achieving at leastcomparable reductions at lower cost in terms ofenergy, economics, or non-air qualityenvironmental impacts.AC.“Low terrain” means any area other than highterrain.No Change No change to the existing SIP-approved language.AD.“Lowest achievable emission rate” means, forany source, the more stringent rate ofemissions based on the following:(1)the most stringent emissions limitationwhich is contained in the implementationplan of any state for such class or categoryof stationary source, unless the owner oroperator of the proposed stationary sourcedemonstrates that such limitations are notachievable; or(2)the most stringent emissions limitationwhich is achieved in practice by such classor category of stationary source; thislimitation, when applied to a modification,means the lowest achievable emissionsrate for the new or modified emissionsunits within the stationary source. In noevent shall the application of this termpermit a proposed new or modifiedstationary source to emit any pollutant inexcess of the amount allowable under anapplicable new source standard ofperformance.No Change No change to the existing SIP-approved language.AE.“Major modification” means any physical No ChangeNo change to the existing SIP-approved language.26Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementschange in or change in the method of operationof a major stationary source that would resultin: a significant emissions increase (as definedin of this section) of a regulated new sourcereview pollutant (as defined in this section);and a significant net emissions increase of thatpollutant from the major stationary source.Any significant emissions increase (as definedin this section) from any emissions units or netemissions increase (as defined in this section)at a major stationary source that is significantfor volatile organic compounds or nitrogenoxides shall be considered significant forozone.(1)A physical change or change in themethod of operation shall not include:(a)routine maintenance, repair, andreplacement;(b)use of an alternative fuel or rawmaterial by reason of an order underSection 2 (a) and (b) of the EnergySupply and EnvironmentalCoordination Act of 1974 (or anysuperseding legislation) or by reasonof a natural gas curtailment planpursuant to the Federal Power Act;(c)use of an alternative fuel by reason ofan order or rule under Section 125 ofthe act;(d)use of an alternative fuel at a steamgenerating unit to the extent that thefuel is generated from municipal solidwaste;(e)use of an alternative fuel or rawmaterial by a stationary source which:27Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementsi.the source was capable ofaccommodating before January 6,1975, unless such change would beprohibited under any federallyenforceable permit condition whichwas established after January 6,1975 pursuant to 40 CFR 52.21 orunder regulations approvedpursuant to 40 CFR 51.165 or 40CFR 51.166; orii.the source is approved to use underany permit issued under 40 CFR52.21 or under regulations approvedpursuant to 40 CFR 51.166;(f)an increase in the hours of operationor in the production rate, unless suchchange would be prohibited under anyfederally enforceable permit whichwas established after January 6, 1975,pursuant to 40 CFR 52.21 or underregulations approved pursuant to 40CFR 51.165 or 40 CFR 51.166;(g)any change in ownership at astationary source;(h)the installation, operation, cessation,or removal of a temporary clean coaltechnology demonstration project,provided that the project complieswith:i.the state implementation plan forthe state in which the project islocated; andii.other requirements necessary toattain and maintain the nationalambient air quality standards during28Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementsthe project and after it is terminated.(i)the installation or operation of apermanent clean coal technologydemonstration project that constitutesrepowering, provided that the projectdoes not result in an increase in thepotential to emit of any regulatedpollutant emitted by the unit; thisexemption shall apply on a pollutantby-pollutant basis;(j)the reactivation of a very clean coalfired electric utility steam generatingunit.(2)This definition shall not apply with respectto a particular regulated new sourcereview pollutant when the major stationarysource is complying with the requirementsunder 20.2.74.320 NMAC for a PAL forthat pollutant. Instead, the definition atParagraph (8) of Subsection B of20.2.74.320 NMAC shall apply.AF. "Major source baseline date" means:(1)in the case of PM10and sulfur dioxide,January 6, 1975;(2)in the case of nitrogen dioxide, February8,1988; and(3)in the case of PM2.5, October 20,2010.No Change No change to the existing SIP-approved language.AG.“Major stationary source” means thefollowing.a.Any stationary source listed in table 1(20.2.74.501 NMAC) which emits, or hasthe potential to emit, emissions equal to orgreater than one hundred (100) tons peryear of any regulated new source reviewpollutant.No Change No change to the existing SIP-approved language.29Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementsb.Any stationary source not listed in table 1(20.2.74.501 NMAC) and which emits orhas the potential to emit two hundred fifty(250) tons per year or more of anyregulated new source review pollutant.c.Any physical change that would occur at astationary source not otherwise qualifyingunder Paragraphs (1) or (2) of thissubsection if the change would constitute amajor stationary source by itself.d.A major source that is major for volatileorganic compounds or nitrogen oxidesshall be considered major for ozone.e.The fugitive emissions of a stationarysource shall not be included indetermining for any of the purposes of thissection whether it is a major stationarysource, unless the source belongs to one ofthe stationary source categories found inTable 1 (20.2.74.501 NMAC) or any otherstationary source category which, as ofAugust 7, 1980, is being regulated underSection 111 or 112 of the act.AH.“Mandatory class I federal area” means anyarea identified in the Code of FederalRegulations (CFR), 40 CFR Part 81, SubpartD. See 20.2.74.108 NMAC for a list of theseareas in New Mexico.No Change No change to the existing SIP-approved language.AI.“Minor source baseline date” means theearliest date after the trigger date on which theowner or operator of a major stationary sourceor major modification subject to 40 CFR 52.21or to this part submits a complete applicationunder the relevant regulations.(1)The trigger date is:No Change No change to the existing SIP-approved language.30Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirements(a)in the case of PM10and sulfur dioxide,August 7, 1977;(b)in the case of nitrogen dioxide,February 8, 1988; and(c)in the case of PM2.5, October 20,2011.(2)Any minor source baseline dateestablished originally for the TSP (totalsuspended particulates) increments shallremain in effect and shall apply forpurposes of determining the amount ofavailable PM10increments. Thedepartment may rescind any TSP minorsource baseline date where it can beshown, to the department 's satisfaction,that the emissions increase from the majorstationary source, or the net emissionsincrease from the major modification,responsible for triggering that date, did notresult in a significant amount of PM10emissions.AJ.“Natural conditions” includes naturallyoccurring phenomena that reduce visibility asmeasured in terms of visual range, contrast orcoloration.No Change No change to the existing SIP-approved language.AK.“Necessary preconstruction approvals orpermits” means those permits or approvalsrequired under federal air quality control lawsand regulations and those air quality controllaws and regulations which are part of the NewMexico state implementation plan.No Change No change to the existing SIP-approved language.AL.“Net emissions increase” means, with respectto any regulated new source review pollutantemitted by a major stationary source, thefollowing.No Change No change to the existing SIP-approved language.31Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirements(1) The amount by which the sum of thefollowing exceeds zero.(a) The increase in emissions from aparticular physical change or change in themethod of operation at a stationary source ascalculated pursuant to Subsection D of20.2.74.200 NMAC.(b) Any other increases anddecreases in actual emissions at the majorstationary source that are contemporaneouswith the particular change and are otherwisecreditable. Baseline actual emissions forcalculating increases and decreases under thisparagraph shall be determined as provided inSubsection G, except that Subparagraph (c) ofParagraph (1) and Subparagraph (d) ofParagraph (2) of Subsection G of this sectionshall not apply.(2) An increase or decrease in actualemissions is contemporaneous with theincrease from the particular change only if itoccurs within the time period five years priorto the commencement of construction on theparticular change and the date that the increasefrom the particular change occurs.(3) An increase or decrease in actualemissions is creditable only if:(a) it occurs within the time periodfive years prior to the commencement ofconstruction on the particular change and thedate that the increase from the particularchange occurs; and(b) the department has not relied onit in issuing a permit for the source underregulations approved pursuant to this section,32Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementswhich permit is in effect when the increase inactual emissions from the particular changeoccurs.(4) An increase or decrease in actualemissions of sulfur dioxide, particulate matter,or nitrogen oxides that occurs before theapplicable minor source baseline date iscreditable only if it is required to be consideredin calculating the amount of maximumallowable increases remaining available.(5) An increase in actual emissions iscreditable only to the extent that the new levelof actual emissions exceeds the old level.(6) A decrease in actual emissions iscreditable only to the extent that:(a) the old level of actual emissionsor the old level of allowable emissions,whichever is lower, exceeds the new level ofactual emissions;(b) it is enforceable as a practicalmatter at and after the time that actualconstruction on the particular change begins;and(c) it has approximately the samequalitative significance for public health andwelfare as that attributed to the increase fromthe particular change.(7) An increase that results from aphysical change at a source occurs when theemissions unit on which construction occurredbecomes operational and begins to emit aparticular pollutant. Any replacement unit thatrequires shakedown becomes operational onlyafter a reasonable shakedown period, not toexceed 180 days.33Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirements(8) Paragraph (2) of Subsection B ofthis section shall not apply for determiningcreditable increases and decreases.AM.“Nonattainment area” means an areawhich has been designated under Section 107of the Federal Clean Air Act as nonattainmentfor one or more of the national ambient airquality standards by EPA.No Change No change to the existing SIP-approved language.AN.“Portable stationary source” means a sourcewhich can be relocated to another operatingsite with limited dismantling and reassembly.No Change No change to the existing SIP-approved language.AO.“Potential to emit” means the maximumcapacity of a stationary source to emit apollutant under its physical and operationaldesign. Any physical or operational limitationon the capacity of the source to emit apollutant, including air pollutant controlequipment and restrictions on hours ofoperation or on the type or amount of materialcombusted, stored, or processed, shall betreated as part of its design if the limitations orthe effect it would have on emissions isfederally enforceable. Secondary emissions donot count in determining the potential to emitof a stationary source.No Change No change to the existing SIP-approved language.AP.“Predictive emissions monitoring system(PEMS)” means all of the equipment necessaryto monitor process and control deviceoperational parameters (for example, controldevice secondary voltages and electriccurrents) and other information (for example,gas flow rate, O2 or CO2 concentrations), andcalculate and record the mass emissions rate(for example, lb/hr) ona continuous basis.No ChangeNo change to the existing SIP-approved language.AQ.“Project” means a physical change in, or No ChangeNo change to the existing SIP-approved language.34Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementschange in method of operation of, an existingmajor stationary source.AR.“Projected actual emissions” means themaximum annual rate, in tons per year, atwhich an existing emissions unit is projected toemit a regulated new source review pollutant inany one of the 5 years (12-month period)following the date the unit resumes regularoperation after the project, or in any one of the10 years following that date, if the projectinvolves increasing the emissions unit's designcapacity or its potential to emit that regulatednew source review pollutant, and fullutilization of the unit would result in asignificant emissions increase, or a significantnet emissions increase at the major stationarysource. In determining the projected actualemissions (before beginning actualconstruction), the owner or operator of themajor stationary source:(1)shall consider all relevant information,including but not limited to, historicaloperational data, the company's ownrepresentations, the company's expectedbusiness activity and the company'shighest projections of business activity,the company's filings with the state orfederal regulatory authorities, andcompliance plans under the approved plan;and(2)shall include fugitive emissions to theextent quantifiable and emissionsassociated with startups, shutdowns, andmalfunctions; and(3)shall exclude, in calculating any increaseNo Change No change to the existing SIP-approved language.35Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementsin emissions that results from theparticular project, that portion of the unit'semissions following the project that anexisting unit could have accommodatedduring the consecutive 24-month periodused to establish the baseline actualemissions under Subsection G of thissection and that are also unrelated to theparticular project, including any increasedutilization due to product demand growth;or,(4)in lieu of using the method set out inParagraphs (1) through (3) of thissubsection, may elect to use the emissionsunit's potential to emit, in tons per year, asdefined in Subsection AQ of this section.AS."Regulated new source review pollutant",for purposes of this part, means the following:(1)any pollutant for which a national ambientair quality standard has been promulgatedand any pollutant identified under thisparagraph (Paragraph (1) of Subsection ASof 20.2.74.7 NMAC) as a constituent orprecursor to such pollutant; precursorsidentified by the administrator for purposesof NSR are the following:(a)volatile organic compounds and nitrogenoxides are precursors to ozone in allattainment and unclassifiable areas;(b)sulfur dioxide is a precursor to PM2.5.inall attainment and unclassifiable areas;(c)nitrogen oxides are presumed to beprecursors to PM2.5in all attainment andunclassifiable areas, unless the statedemonstrates to the administrator'sNo Change No change to the existing SIP-approved language.The January 8, 2013, SIP submittal did not includerevisions to the definition of “Regulated NSRPollutant” at 20.2.74.7(AS) NMAC.EPA notes that the current, SIP-approved definitionof the condensables language at 20.2.74.7(AS)(6)NMAC is more stringent than the federal definitionat 40 CFR 51.166(b)(49)(vi). EPA finalizedrevisions to the condensables language on October25, 2012, that removed an inadvertent inclusion ofparticulate matter in the determination of thecondensable PM fraction.36Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementssatisfaction or EPA demonstrates thatemissions of nitrogen oxides fromsources in a specific area are not asignificant contributor to that area'sambient PM2.5concentrations;(d)volatile organic compounds arepresumed not to be precursors to PM2.5inany attainment or unclassifiable area,unless the state demonstrates to theadministrator's satisfaction or EPAdemonstrates that emissions of volatileorganic compounds from sources in aspecific area are a significant contributorto that area's ambient PM2.5concentrations;(2)any pollutant that is subject to any standardpromulgated under Section 111 of the act;(3)any class I or II substance subject to astandard promulgated under or establishedby title VI of the act; or(4)any pollutant that otherwise is subject toregulation under the act as defined inSubsection AZ of this section;(5)notwithstanding Paragraphs (1) through (4)of Subsection AS of this section, the term"regulated NSR pollutant" shall not includeany or all hazardousair pollutants eitherlisted in Section 112 of the act, or added tothe list pursuant to Section 112(b)(2) of theact, and which have not been delistedpursuant to Section 112(b)(3) of the act,unless the listed hazardous air pollutant isalso regulated as a constituent or precursorof a general pollutant listed under Section108 of the act;37Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirements(6)Particulate matter (PM) emissions, PM2.5emissions, and PM10 emissions shallinclude gaseous emissions from a source oractivity which condense to form particulatematter at ambient temperatures; on or afterJanuary 1, 2011, such condensableparticulate matter shall be accounted for inapplicability determinations and inestablishing emissions limitations for PM,PM2.5and PMl0 in PSD permits;compliance with emissions limitations forPM, PM2.5and PM10 issued prior to thisdate shall not be based on condensableparticulate matter unless required by theterms and conditions of the permit or theapplicable implementation plan;applicability determinations made prior tothis date without accounting forcondensable particular matter shall not beconsidered in violation of this sectionunless the applicable implementation planrequired condensable particular matter tobe included.AT.“Replacement unit” means an emission unit forwhich all of the following criteria are met. Nocreditable emission reductions shall begenerated from shutting down the existingemissions unit that is replaced.(1)The emissions unit is a reconstructed unitwithin the meaning of 40 CFR60.15(b)(1), or the emissions unitcompletely takes the place of an existingemissions unit.(2)The emissions unit is identical to orfunctionally equivalent to the replacedNo Change No change to the existing SIP-approved language.38Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementsemissions unit.(3)The replacement unit does not change thebasic design parameter(s) of the processunit.(4)The replaced emissions unit ispermanently removed from the majorstationary source, otherwise permanentlydisabled, or permanently barred fromoperation by a permit that is enforceableas a practical matter. If the replacedemissions unit is brought back intooperation, it shall constitute a newemissions unit.(5)Notwithstanding Paragraphs (1) through(4) of Subsection AS of this section, theterm "regulated NSR pollutant" shall notinclude any or all hazardous air pollutantseither listed in Section 112 of the act, oradded to the list pursuant to Section112(b)(2) of the act, and which have notbeen delisted pursuant to Section112(b)(3) of the act, unless the listedhazardous air pollutant is also regulated asa constituent or precursor of a generalpollutant listed under Section 108 of theact;AU.“Secondary emissions” means emissions whichoccur as a result of the construction oroperation of a major stationary source or majormodification, but do not come from the majorstationary source or major modification itself.For the purpose of this section, secondaryemissions must be specific, well defined,quantifiable, and impact the same general areasas the stationary source or modification whichNo Change No change to the existing SIP-approved language.39Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementscauses the secondary emissions. Secondaryemissions include emissions from any offsitesupport facility which would not beconstructed or increase its emissions except asa result of the construction or operation of themajor stationary source or major modification.Secondary emissions do not include anyemissions which come directly from a mobilesource, such as emissionsfrom the tailpipe of amotor vehicle, from a train, or from a vessel.AV.“Secretary” means the cabinet level secretaryof the New Mexico environment department orhis or her successor.No Change No change to the existing SIP-approved language.AW.“Significant” means in reference to a netemissions increase or the potential of a sourceto emit air pollutants, a rate of emission thatwould equal or exceed any of the rates listed intable 2 (20.2.74.502 NMAC).No Change No change to the existing SIP-approved language.AX.“Significant emissions increase” means, for aregulated new source review pollutant, anincrease in emissions that is significant (asdefined in Subsection AV of this section) forthat pollutant.No Change No change to the existing SIP-approved language.AY.“Stationary source” means any building,structure, facility, or installation which emits,or may emit, any regulated new source reviewpollutant.No Change No change to the existing SIP-approved language.AZ.“Subject to regulation”means, for any airpollutant, that the pollutant is subject to eithera provision in the act, or a nationallyapplicable regulation codified by theadministrator in subchapter C of 40 CFRChapter I, that requires actual control of thequantity of emissions of that pollutant, and thatsuch a control requirement has taken effect andAZ.“Subject to regulation”means, for any airpollutant, that the pollutant is subject to eithera provision in the act, or a nationallyapplicable regulation codified by theadministrator in subchapter C of 40 CFRChapter I, that requires actual control of thequantity of emissions of that pollutant, and thatsuch a control requirement has taken effect andAnalysis of the GHG Biomass Deferral RevisionsThe revisions to the definition of “subject toregulation” at 20.2.74.7(AZ)(2)(a) NMACsubmitted by NMED on January 8, 2013, were toadopt and implement the provisions of EPA’s July20, 2011 GHG Biomass Deferral Rule.40Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementsis operative to control, limit or restrict thequantity of emissions of that pollutant releasedfrom the regulated activity. Except that:(1)"greenhouse gases (GHGs)" shall not besubject to regulation except as provided inparagraphs AZ(4) and (5) of this section;(2)for purposes of Paragraphs (3) through (5)of Subsection AZ of this section, the term"tons per year CO2 equivalent emissions(CO2e)" shall represent an amount ofGHGs emitted, and shall be computed asfollows:(a)multiplying the mass amount ofemissions (tons peryear), for each ofthe six greenhouse gases in thepollutant GHGs, by the gas'sassociated global warming potentialpublished at table A-1 to subpart A of40 CFR part 98 - Global WarmingPotentials;(b)sum the resultant value fromSubparagraph (a) of Paragraph (2) ofSubsection AZ of this section for eachgas to compute a tons per year CO2e;(3)the term "emissions increase" as used inParagraphs (4) and (5) of Subsection AZof this section shall mean that both asignificant emissions increase (ascalculated using the procedures inSubsection D of 20.2.74.200 NMAC) anda significant net emissions increase (asdefined in Subsections AL, AW and AXof 20.2.74.7 NMAC) occur; for thepollutant GHGs, an emissions increaseshall be based on tons per year CO2e, andis operative to control, limit or restrict thequantity of emissions of that pollutant releasedfrom the regulated activity. Except that:(1)"greenhouse gases (GHGs)" shall not besubject to regulation except as providedin paragraphs AZ(4) and (5) of thissection and shall not be subject toregulation if the stationary sourcemaintains its total source wide emissionsbelow the GHG PAL level, meets therequirements in 20.2.74.320 NMAC, andcomplies with the PAL permit containingthe GHG PAL;(2)for purposes of Paragraphs (3) through (5)of Subsection AZ of this section, the term"tons per year CO2CO2equivalentemissions (CO2e)(CO2e)" shall representan amount of GHGs emitted, and shall becomputed as follows:(a)multiplying the mass amount ofemissions (tons peryear), for each ofthe six greenhouse gases in thepollutant GHGs, by the gas'sassociated global warming potentialpublished at table A-1 to subpart A of40 CFR part 98 - Global WarmingPotentials; for purposes of thissubparagraph, prior to July 21, 2014,the mass of the greenhouse gas carbondioxide shall not include carbondioxide emissions resulting from thecombustion or decomposition of nonfossilized and biodegradable organicmaterial originating from plants,animals or microorganisms (includingOn July 12, 2013, the D.C. Circuit Court issued itsdecision to vacateEPA’s July 20, 2011 GHGBiomass Deferral. At this time, EPA is not takingaction on thesubmitted provisions adopting theGHG Biomass Deferral at 20.2.74.7(AZ)(2)(a)NMAC.EPA is severing and taking no action on thissubmitted revision to the definition of “subject toregulation”. The SIP-approved definition for20.2.74(AZ)(2)(a) will remain as EPA approved onJanuary 22, 2013.Analysis of the GHG PAL RevisionsEPA finalized the GHG PAL permitting provisionsof the GHG Tailoring Rule Step 3 on July 12, 2012at 77 FR 41051. The adoption of the GHG PALprovisions is not a required element of the PSDprogram; therefore EPA did not make changes to40 CFR 51.166 in this final rule. Rather, EPArevised 40 CFR 52.21 and states can choose toadopt comparable PAL provisions into the StateSIP. New Mexico has adopted and submittedrevisions to the NM SIP to implement GHG PALpermitting, accordingly EPA will review theserevisions against the federal provisions at 40 CFR52.21.The revisions to the definition of “subject toregulation” at 20.2.74.7(AZ)(1) NMAC submittedby the NMED on January 8, 2013 as a revision tothe New Mexico SIP are consistent with therequirements found at 40 CFR 52.21(b)(49)(i). Therequirements of 40 CFR 52.21(b)(49)(i) are41Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementsshall be calculated assuming the pollutantGHGs is a regulated NSR pollutant, and"significant" is defined as 75,000 tons peryear CO2e instead of applying the value intable 2 of 20.2.74 NMAC;(4)beginning January 2, 2011, the pollutantGHGs is subject to regulation if:(a)the stationary source is a new majorstationary source for a regulated NSRpollutant that is not GHGs, and alsowill emit or will have the potential toemit 75,000 tons per year CO2e ormore; or(b)the stationary source is an existingmajor stationary source for aregulated NSR pollutant that is notGHGs, and also will have anemissions increase of a regulated NSRpollutant that is not GHGs, and alsowill have an emissions increase of75,000 tons per year CO2e or more;and(5)beginning July 1, 2011, in addition to theprovisions in Paragraph (4) of thissubsection, the pollutant GHGs shall alsobe subject to regulation:(a)at a new stationary source that willemit or have the potential to emit100,000 tons per year CO2e; or(b)at an existing stationary source thatemits of has the potential to emit100,000 tons per year CO2e, whensuch stationary source undertakes aphysical change or change in themethod of operation that will result inproducts, by-products, residues andwaste from agriculture, forestry andrelated industries as well as the nonfossilized and biodegradable organicfractions of industrial and municipalwastes, including gases and liquidsrecovered from the decomposition ofnon-fossilized and biodegradableorganic material);(b)sum the resultant value fromSubparagraph (a) of Paragraph (2) ofSubsection AZ of this section for eachgas to compute a tons per year CO2eCO2e;(3)the term "emissions increase" as used inParagraphs (4) and (5) of Subsection AZof this section shall mean that both asignificant emissions increase (ascalculated using the procedures inSubsection D of 20.2.74.200 NMAC) anda significant net emissions increase (asdefined in Subsections AL, AW and AXof 20.2.74.7 NMAC) occur; for thepollutant GHGs, an emissions increaseshall be based on tons per year CO2eCO2e, and shall be calculated assumingthe pollutant GHGs is a regulated NSRpollutant, and "significant" is defined as75,000 tons per year CO2eCO2einsteadof applying the value in table 2 of 20.2.74NMAC;(4)beginning January 2, 2011, the pollutantGHGs is subject to regulation if:(a)the stationary source is a new majorstationary source for a regulated NSRprovided below for comparison:Greenhouse gases (GHGs),the airpollutant defined in § 86.1818–12(a) ofthis chapter as the aggregate group of sixgreenhouse gases: Carbon dioxide, nitrousoxide, methane, hydrofluorocarbons,perfluorocarbons, and sulfur hexafluoride,shall not be subject to regulation except asprovided in paragraphs (b)(49)(iv) through(v) of this section and shall not be subjectto regulation if the stationary sourcemaintains its total source-wide emissionsbelow the GHG PAL level, meets therequirements in paragraphs (aa)(1) through(15) of this section, and complies with thePAL permit containing the GHG PAL.The revisions to 20.2.74.7(AZ)(1) NMAC toimplement the GHG PAL permitting procedures areapprovable.The NMED also adopted and submitted nonsubstantive revisions to the definition of “subject toregulation” to correct subscripts. These revisions at20.2.74.7(AZ)(1), (2), (2)(b), (3), (4), and (5) areapprovable.42Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementsan emissions increase of 75,000 tonsper year CO2e or more;(6)if a federal court stays, invalidates orotherwise renders unenforceable by theUS EPA, in whole or in part, theprevention of significant deterioration andTitle V greenhouse gas tailoring rule (75FR 31514, June 3, 2010), the definition"subject to regulation" shall be enforceableby the department only to the extent that itis enforceable by US EPA.pollutant that is not GHGs, and alsowill emit or will have the potential toemit 75,000 tons per year CO2eCO2eor more; or(b)the stationary source is an existingmajor stationary source for aregulated NSR pollutant that is notGHGs, and also will have anemissions increase of a regulated NSRpollutant that is not GHGs, and alsowill have an emissions increase of75,000 tons per year CO2eCO2eormore; and(5)beginning July 1, 2011, in addition to theprovisions in Paragraph (4) of thissubsection, the pollutant GHGs shall alsobe subject to regulation:(a)at a new stationary source that willemit or have the potential to emit100,000 tons per year CO2eCO2e; or(b)at an existing stationary source thatemits of has the potential to emit100,000 tons per year CO2eCO2e,when such stationary sourceundertakes a physical change orchange in the method of operationthat will result in an emissionsincrease of 75,000 tons per year CO2eCO2eor more;(6)if a federal court stays, invalidates orotherwise renders unenforceable by theUS EPA, in whole or in part, theprevention of significant deterioration andTitle V greenhouse gas tailoring rule (75FR 31514, June 3, 2010), the definition43Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirements"subject to regulation" shall be enforceableby the department only to the extent that itis enforceable by US EPA.BA.“Temporary source” means a stationary sourcewhich changes its location or ceases to existwithin two years from the date of initial start ofoperations.No Change No change to the existing SIP-approved language.BB.“Visibility impairment” means any humanlyperceptible change in visibility (visual range,contrast, coloration) from that which wouldhave existed under natural conditions.No Change No change to the existing SIP-approved language.BC.“Volatile organic compound (VOC)” meansany organic compound which participates inatmospheric photochemical reactions; that is,any organic compound other than those whichthe administrator designates as havingnegligible photochemical reactivity.No Change No change to the existing SIP-approved language.20.2.74.320 ACTUALS PLANTWIDEAPPLICABILITY LIMITS (PALs)20.2.74.320 ACTUALS PLANTWIDEAPPLICABILITY LIMITS (PALs)No change to the existing SIP-approved language.A.Applicability No change No change to the existing SIP-approved language.(1)The department may approve the use of anactuals PAL for any existing major stationarysource if the PAL meets the requirements inthis section. The term “PAL” shall mean“actuals PAL” throughout this section.(1)The department may approve the use of anactuals PAL, including for GHGs on either amass basis or a CO2e basis,for any existingmajor stationary source or any other existingGHG-only sourceif the PAL meets therequirements in this section. The term “PAL”shall mean “actuals PAL” throughout thissection.EPA finalized the GHG PAL permitting provisionsof the GHG Tailoring Rule Step 3 on July 12, 2012at 77 FR 41051. The GHG PAL applicabilityprovisions were promulgated at 40 CFR52.21(aa)(1)(i) as follows:The Administrator may approve the use ofan actuals PAL, including for GHGs oneither a mass basis or a CO2e basis, forany existing major stationary source orany existing GHG-onlysource if the PALmeets the requirements in paragraphs(aa)(1) through (15) of this section. Theterm “PAL” shall mean “actuals PAL”throughout paragraph (aa) of this section.44Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal RequirementsThe revisions to 20.2.74.320(A)(1) NMAC aresubstantively identical to the federal GHG PALpermitting requirements at 40 CFR 52.21(aa)(1)(i).These revisions are approvable.(2)Any physical change in or change in themethod of operation of a major stationarysource that maintains its total source-wideemissions below the PAL level, meets therequirements of this section, and complieswith the PAL permit:(2)Any physical change in or change in themethod of operation of a major stationarysource or a GHG-only sourcethat maintainsits total source-wide emissions below thePAL level, meets the requirements of thissection, and complies with the PAL permit:EPA finalized the GHG PAL permitting provisionsof the GHG Tailoring Rule Step 3 on July 12, 2012at 77 FR 41051. The GHG PAL applicabilityprovisions were promulgated at 40 CFR52.21(aa))(1)(ii) as follows:Any physical change in or change in themethod of operation of a major stationarysource or a GHG-only source thatmaintains its total source-wide emissionsbelow the PAL level, meets therequirements in paragraphs (aa)(1) through(15) of this section, and complies with thePAL permit:The revisions to 20.2.74.320(A)(2) NMAC aresubstantively identical to the federal GHG PALpermitting requirements at 40 CFR 52.21(aa)(1)(ii).These revisions are approvable.(a)is not a major modification for the PALpollutant;No changeNo change to theexisting SIP-approved language.(b)does not have to be approved through therequirements of this part; andNo change No change to theexisting SIP-approved language.(c)is not subject to the provisions inSubsection D of 20.2.74.300 NMAC(restrictions on relaxing enforceableemission limitations that the majorstationary source used to avoidNo changeNo change to theexisting SIP-approved language.45Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementsapplicability of the major new sourcereview program).No comparable provision in existing SIP(d)does not make GHGs subject to regulationas defined by Subsection AZ of 20.2.74.7NMAC.EPA finalized the GHG PAL permitting provisionsof the GHG Tailoring Rule Step 3 on July 12, 2012at 77 FR 41051. The GHG PAL applicabilityprovisions were promulgated at 40 CFR52.21(aa))(1)(ii)(d) as follows:Does not make GHGs subject to regulationas defined by paragraph (b)(49) of thissection.The revisions to 20.2.74.320(A)(2)(d) NMAC aresubstantively identical to the federal GHG PALpermitting requirements at 40 CFR52.21(aa)(1)(ii)(d).These revisions are approvable.(3)Except as provided under Subparagraph (c)of Paragraph (1) of this subsection, a majorstationary source shall continue to complywith all applicable federal or staterequirements, emission limitations, and workpractice requirements that were establishedprior to the effective date of the PAL.(3)Except as provided under Subparagraph (c)of Paragraph (2) of this subsection, a majorstationary source or a GHG-only sourceshallcontinue to comply with all applicablefederal or state requirements, emissionlimitations, and work practice requirementsthat were established prior to the effectivedate of the PAL.EPA finalized the GHG PAL permitting provisionsof the GHG Tailoring Rule Step 3 on July 12, 2012at 77 FR 41051. The GHG PAL applicabilityprovisions were promulgated at 40 CFR52.21(aa))(1)(iii) as follows:Except as provided under paragraph(aa)(1)(ii)(c) of this section, a majorstationary source or a GHG-only sourceshall continue to comply with allapplicable Federal or State requirements,emission limitations, and work practicerequirements that were established prior tothe effective date of the PAL.The revisions to 20.2.74.320(A)(3) NMAC aresubstantively identical to the federal GHG PAL46Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementspermitting requirements at 40 CFR52.21(aa)(1)(iii).These revisions are approvable.B.Definitions applicable to this section No change No change to the existing SIP-approved language.(1)Actuals PAL for a major stationary sourcemeans a PAL based on the baseline actualemissions (as defined in 20.2.74.7 NMAC)of all emissions units (as defined in20.2.74.7 NMAC) at the source, that emitor have the potential to emit the PALpollutant.(1)Actuals PAL for a major stationary sourcemeans a PAL based on the baseline actualemissions (as defined in 20.2.74.7 NMAC) ofall emissions units (as defined in 20.2.74.7NMAC) at the source, that emit or have thepotential to emit the PAL pollutant. For aGHG-only source, “actual PAL” means aPAL based on the baseline actual emissions(as defined in Paragraph (13) of thissubsection) of all emissions units (as definedin Paragraph (14) of this subsection at thesource, that emit or have the potential to emitGHGs.EPA finalized the GHG PAL permitting provisionsof the GHG Tailoring Rule Step 3 on July 12, 2012at 77 FR 41051. The GHG PAL definitions werepromulgated at 40 CFR 52.21(aa)(2) as follows:(i) Actuals PALfor a major stationarysource means a PAL based on the baselineactual emissions (as defined in paragraph(b)(48) of this section) of all emissionsunits (as defined in paragraph (b)(7) ofthis section) at thesource, that emit orhave the potential to emit the PALpollutant. For a GHG-only source,actualsPALmeans a PAL based on the baselineactual emissions (as defined in paragraph(aa)(2)(xiii) of this section) of allemissions units (as defined in paragraph(aa)(2)(xiv) of this section) at the source,that emit or have the potential to emitGHGs.The revisions to the definition of “Actuals PAL” at20.2.74.320(B)(1) NMAC are substantivelyidentical to the federal GHG PAL permittingdefinition of “Actuals PAL” at 40 CFR52.21(aa)(2)(i).These revisions are approvable.(2)Allowable emissions means “allowableemissions” as defined in 20.2.74.7No change No change to theexisting SIP-approved language.47Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal RequirementsNMAC, except as this definition ismodified in accordance with thefollowing.(a)The allowable emissions for anyemissions unit shall be calculatedconsidering any emission limitationsthat are enforceable as a practical matteron the emissions unit's potential to emit.No change No change to theexisting SIP-approved language.(b)An emissions unit's potential toemit shall be determined using thedefinition in 20.2.74.7 NMAC, exceptthat the words “or enforceable as apractical matter” should be added after“federally enforceable”.No change No change to theexisting SIP-approved language.(3)Small emissions unit means an emissionsunit that emits or has the potential to emitthe PAL pollutant in an amount less thanthe significant level for that PALpollutant, as defined in Subsection AW of20.2.74.7 NMAC or in the act, whicheveris lower.(3)Small emissions unit means an emissions unitthat emits or has the potential to emit the PALpollutant in an amount less than thesignificant level for that PAL pollutant, asdefined in Subsection AW of 20.2.74.7NMAC or in the act, whichever is lower. Fora GHG PAL issued on a CO2e basis, “smallemissions unit” means an emissions unit thatemits or has the potential to emit less than theamount of GHGs on a CO2e basis defined as“significant” for the purposes of Paragraph(3) of Subsection AZ of 20.2.74.7 NMAC atthe time the PAL permit is being issued.EPA finalized the GHG PAL permitting provisionsof the GHG Tailoring Rule Step 3 on July 12, 2012at 77 FR 41051. The GHG PAL definitions werepromulgated at 40 CFR 52.21(aa)(2) as follows:(iii) Small emissions unitmeans anemissions unit that emits or has thepotential to emit the PAL pollutant in anamount less than the significant level forthat PAL pollutant, as defined inparagraph (b)(23) of this section or in theAct, whichever is lower. For a GHG PALissued on a CO2e basis,small emissionsunitmeans an emissions unit that emits orhas the potential to emit less than theamount of GHGs on a CO2e basis definedas ‘‘significant’’ for the purposes ofparagraph (b)(49)(iii) of this section at thetime the PAL permit is being issued.The revisions to the definition of “Small Emissions48Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal RequirementsUnit” at 20.2.74.320(B)(3) NMAC aresubstantively identical to the federal GHG PALpermitting definition of “Small Emissions Unit” at40 CFR 52.21(aa)(2)(iii).These revisions are approvable.(4)Major emissions unit means No change No change to the existing SIP-approved language.(a)Any emission unit that emits or has thepotential to emit 100 tons per year ormore of the PAL pollutant in anattainment area; orNo change No change to theexisting SIP-approved language.(b)Any emissions unit that emits or has thepotential to emit the PAL pollutant in anamount that is equal to or greater thanthe major source threshold for the PALpollutant as defined by the act fornonattainment areas; for example, inaccordance with the definition of majorstationary source in Section 182(c) ofthe act, an emissions unit would be amajor emissions unit for VOC if theemissions unit is located in a seriousozone nonattainment area and it emits orhas the potential to emit 50 or more tonsof VOC per year(b)Any emissions unit that emits or has thepotential to emit the PAL pollutant in anamount that is equal to or greater than themajor source threshold for the PALpollutant as defined by the act fornonattainment areas; for example, inaccordance with the definition of majorstationary source in Section 182(c) of theact, an emissions unit would be a majoremissions unit for VOC if the emissionsunit is located in a serious ozonenonattainment area and it emits or has thepotential to emit 50 or more tons of VOCper year;Non-substantive change to the existing SIPapproved language.These revisions are approvable.No comparable provision in existing SIP(c)For a GHG PAL issued on a CO2e basis,any emissions unit that emits or has thepotential to emit equal to or greater than theamount of GHGs on a CO2e basis thatwould be sufficient for a new source totrigger permitting requirements underSubsection AZ of 20.2.74.7 NMAC at thetime the PAL permit is being issued.EPA finalized the GHG PAL permitting provisionsof the GHG Tailoring Rule Step 3 on July 12, 2012at 77 FR 41051. The GHG PAL definitions werepromulgated at 40 CFR 52.21(aa)(2) as follows:(iv)(c)For a GHG PAL issued on a CO2ebasis, any emissions unit that emits or hasthe potential to emit equal to or greaterthan the amount of GHGs on a CO2e basisthat would be sufficient for a new source49Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementsto trigger permitting requirements underparagraph (b)(49) of this section at thetime the PAL permit is being issued.The revisions to the definition of “Major EmissionsUnit” at 20.2.74.320(B)(4)(c) NMAC aresubstantively identical to the federal GHG PALpermitting definition of “Major Emissions Unit” at40 CFR 52.21(aa)(2)(iv)(c).These revisions are approvable.(5)Plantwide applicability limitation (PAL)means an emission limitation expressed intons per year, for a pollutant at a majorstationary source, that is enforceable as apractical matter and established sourcewide in accordance with this section.(5)Plantwide applicability limitation (PAL)means an emission limitation expressed ona mass basisin tons per year, or expressedin tons per year CO2e for a CO2e-basedGHG emission limitation,for a pollutant ata major stationary source of GHG-onlysource, that is enforceable as a practicalmatter and established source-wide inaccordance with this section.EPA finalized the GHG PAL permitting provisionsof the GHG Tailoring Rule Step 3 on July 12, 2012at 77 FR 41051. The GHG PAL definitions werepromulgated at 40 CFR 52.21(aa)(2) as follows:(v) Plantwide applicability limitation(PAL)means an emission limitationexpressed on a mass basis in tons per year,or expressed in tons per year CO2e for aCO2e-based GHG emission limitation, fora pollutant at a major stationary source orGHG-only source, that is enforceable as apractical matter and established sourcewide in accordance with paragraphs(aa)(1) through (15) of this section.The revisions to the definition of “Plantwideapplicability unit” at 20.2.74.320(B)(5) NMAC aresubstantively identical to the federal GHG PALpermitting definition of “Plantwide ApplicabilityUnit” at 40 CFR 52.21(aa)(2)(v).These revisions are approvable.(6)PAL effective date generally means the No changeNo change to the existing SIP-approved language.50Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementsdate of issuance of the PAL permit.However, the PAL effective date for anincreased PAL is the date any emissionsunit that is part of the PAL majormodification becomes operational andbegins to emit the PAL pollutant.(7)PAL effective period means the periodbeginning with the PAL effective date andending 10 years later.No change No change to theexisting SIP-approved language.(8)PAL major modification means,notwithstanding the definitions for majormodification and net emissions increase in20.2.74.7 NMAC, any physical change inor change in the method of operation ofthe PAL source that causes it to emit thePAL pollutant at a level equal to or greaterthan the PAL.(8)PAL major modification means,notwithstanding the definitions for majormodification and,net emissions increase,and subject to regulationin 20.2.74.7NMAC, any physical change in or changein the method of operation of the PALsource that causes it to emit the PALpollutant at a level equal to or greater thanthe PAL.EPA finalized the GHG PAL permitting provisionsof the GHG Tailoring Rule Step 3 on July 12, 2012at 77 FR 41051. The GHG PAL definitions werepromulgated at 40 CFR 52.21(aa)(2) as follows:(viii) PAL major modificationmeans,notwithstanding paragraphs (b)(2), (b)(3),and (b)(49) of this section (the definitionsfor major modification, net emissionsincrease, and subject to regulation), anyphysical change in or change in themethod of operation of the PAL sourcethat causes it to emit the PAL pollutant ata level equal to or greater than the PAL.The revisions to the definition of “PAL majormodification” at 20.2.74.320(B)(8) NMAC aresubstantively identical to the federal GHG PALpermitting definition of “PAL Major Modification”at 40 CFR 52.21(aa)(2)(viii).These revisions are approvable.(9)PAL permit means the major new sourcereview permit, the minor new sourcereview permit, or the state operatingpermit under a program that is approved(9)PAL permit means the major new sourcereview permit, the minor new sourcereview permit, or the state operating permitunder a program that is approved into theEPA finalized the GHG PAL permitting provisionsof the GHG Tailoring Rule Step 3 on July 12, 2012at 77 FR 41051. The GHG PAL definitions werepromulgated at 40 CFR 52.21(aa)(2) as follows:51Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementsinto the plan, or the title V permit issuedby the department that establishes a PALfor a major stationary source.plan, or the title V permit issued by thedepartment that establishes a PAL for amajor stationary source or a GHG-onlysource.(ix) PAL permitmeans the major NSRpermit, the minor NSR permit, or the Stateoperating permit under a program that isapproved into the State ImplementationPlan, or the title V permit issued by theAdministrator that establishes a PAL for amajor stationary source or a GHG-onlysource.The revisions to the definition of “PAL permit” at20.2.74.320(B)(9) NMAC are substantivelyidentical to the federal GHG PAL permittingdefinition of “PAL Permit” at 40 CFR52.21(aa)(2)(ix).These revisions are approvable.(10)PAL pollutant means the pollutant forwhich a PAL is established at a majorstationary source.(10)PAL pollutant means the pollutant forwhich a PAL is established at a majorstationary source or a GHG-only source.For a GHG-only source,the only availablePAL pollutant is greenhouse gases.EPA finalized the GHG PAL permitting provisionsof the GHG Tailoring Rule Step 3 on July 12, 2012at 77 FR 41051. The GHG PAL definitions werepromulgated at 40 CFR 52.21(aa)(2) as follows:(x) PAL pollutantmeans the pollutant forwhich a PAL is established at a majorstationary source or a GHG-only source.For a GHG-only source,the only availablePAL pollutant is greenhouse gases.The revisions to the definition of “PAL pollutant”at 20.2.74.320(B)(10)NMAC are substantivelyidentical to the federal GHG PAL permittingdefinition of “PAL Pollutant” at 40 CFR52.21(aa)(2)(x).These revisions are approvable.52Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirements(11)Significant emissions unit means anemissions unit that emits or has thepotential to emit a PAL pollutant in anamount that is equal to or greater than thesignificant level (as defined in SubsectionAV of 20.2.74.7 NMAC or in the act,whichever is lower) for that PALpollutant, but less than the amount thatwould qualify the unit as a majoremissions unit as defined in Paragraph (4)of this subsection.(11)Significant emissions unit means anemissions unit that emits or has thepotential to emit a PAL pollutant in anamount that is equal to or greater than thesignificant level (as defined in SubsectionAW of 20.2.74.7 NMAC or in the act,whichever is lower) for that PALpollutant, but less than the amount thatwould qualify the unit as a majoremissions unit as defined in Paragraph (4)of this subsection. For a GHG PAL issuedon a CO2e basis, “significant emissionsunit” means any emissions unit that emitsor has the potential to emit GHGs on aCO2e basis in amounts equal to or greaterthan the amount thatwould qualify theunit as a small emissions unit as defined inParagraph (3) of this subsection, but lessthan the amount that would quality theunit as a major emissions unit as definedin Subparagraph (c) of Paragraph (4) ofthis subsection.EPA finalized the GHG PAL permitting provisionsof the GHG Tailoring Rule Step 3 on July 12, 2012at 77 FR 41051. The GHG PAL definitions werepromulgated at 40 CFR 52.21(aa)(2) as follows:(xi) Significant emissions unitmeans anemissions unit that emits or has thepotential to emit a PAL pollutant in anamount that is equal to or greater than thesignificant level (as defined in paragraph(b)(23) of this section or in the Act,whichever is lower) for that PALpollutant, but less than the amount thatwould qualify the unit as a majoremissions unit as defined in paragraph(aa)(2)(iv) of this section. For a GHG PALissued on a CO2e basis,significantemissions unitmeans any emissions unitthat emits or has the potential to emitGHGs on a CO2e basis in amounts equalto or greater than the amount that wouldqualify the unit as small emissions unit asdefined in paragraph (aa)(2)(iii) of thissection, but less than the amount thatwould qualify the unit as a majoremissions unit as defined in paragraph(aa)(2)(iv)(c) of this section.The revisions to the definition of “SignificantEmissions Unit” at 20.2.74.320(B)(11) NMAC aresubstantively identical to the federal GHG PALpermitting definition of “Significant EmissionsUnit” at 40 CFR 52.21(aa)(2)(xi).These revisions are approvable.53Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal RequirementsNo comparable provision in existing SIP(12)GHG-only source means any existingstationary source that emits or has thepotential to emit GHGs in the amountequal to or greater than the amount ofGHGs on a mass basis that would besufficient for a new source to triggerpermitting requirements for GHGs underSubsection AG of 20.2.74.7 NMAC andthe amount of GHGs on a CO2e basis thatwould be sufficient for a new source totrigger permitting requirements for GHGsunder Subsection AZ of 20.2.74.7 NMACat the time the PAL permit is being issued,but does not emit or have the potential toemit any other non-GHG regulated newsource review pollutantat or above theapplicable major source threshold. AGHG-only source may only obtain a PALfor GHG emissions under 20.2.74.320NMAC.EPA finalized the GHG PAL permitting provisionsof the GHG Tailoring Rule Step 3 on July 12, 2012at 77 FR 41051. The GHG PAL definitions werepromulgated at 40 CFR 52.21(aa)(2) as follows:(xii) GHG-only sourcemeans any existingstationary source that emits or has thepotential to emit GHGs in the amountequal to or greater than the amount ofGHGs on a mass basis that would besufficient for a new source to triggerpermitting requirements for GHGs underparagraph (b)(1) of this section and theamount of GHGs on a CO2e basis thatwould be sufficient for a new source totrigger permitting requirements for GHGsunder paragraph (b)(49) of this section atthe time the PAL permit is being issued,but does not emit or have the potential toemit any other non-GHG regulated NSRpollutant at or above the applicable majorsource threshold. A GHG-only source mayonly obtain a PAL for GHG emissionsunder paragraph (aa) of this section.The new definition of “GHG-only source” at20.2.74.320(B)(12) NMAC is substantivelyidentical to the federal GHG PAL permittingdefinition of “GHG-only source” at 40 CFR52.21(aa)(2)(xii).These revisions are approvable.No comparable provision in existing SIP(13)Baseline actual emissions for a GHG PALmeans the average rate, in tons per yearCO2e or tons per year GHG, as applicable,EPA finalized the GHG PAL permitting provisionsof the GHG Tailoring Rule Step 3 on July 12, 2012at 77 FR 41051. The GHG PAL definitions were54Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementsat which the emissions unit actuallyemitted GHGs during any consecutive 24-month period selected by the owner oroperator within the 10-year periodimmediately preceding either the date theowner or operator begins actualconstruction of the project, or the date acomplete permit application is received bythe department for a permit required underthis section or by the department for apermit required by a plan, whichever isearlier. For any existing electric utilitysteam generating unit, “baseline actualemissions” for a GHG PAL means theaverage rate, in tons per year CO2e or tonsper year GHG, as applicable, at which theemissions unit actually emitted the GHGsduring any consecutive 24-month periodselected by the owner or operator withinthe 5 year period immediately precedingeither the date the owner or operatorbegins actual construction of the project,except that the department shall allow theuse of a different time period upon adetermination that it is more representativeof normal source operation.a)The average rate shall includefugitive emissions to the extentquantifiable, and emissionsassociated with startups,shutdowns, and malfunctions.b)The average rate shall be adjusteddownward to exclude any noncompliant emissions thatoccurred while the source waspromulgated at 40 CFR 52.21(aa)(2) as follows:(xiii) Baseline actual emissionsfor a GHGPAL means the average rate, in tons per yearCO2e or tons per year GHG, as applicable, atwhich the emissions unit actually emittedGHGs during any consecutive 24-monthperiod selected by the owner or operatorwithin the 10-year period immediatelypreceding either the date the owner or operatorbegins actual construction of the project, or thedate a complete permit application is receivedby the Administrator for a permit requiredunder this section or by the permittingauthority for a permit required by a plan,whichever is earlier. For any existing electricutility steam generating unit,baseline actualemissionsfor a GHG PAL means the averagerate, in tons per year CO2e or tons per yearGHG, as applicable, at which the emissionsunit actually emitted the GHGs during anyconsecutive 24-month period selected by theowner or operator within the 5-year periodimmediately preceding either the date theowner or operator begins actual constructionof the project, except that the Administratorshall allow the use of a different time periodupon a determination that it is morerepresentative of normal source operation.(a) The average rate shall includefugitive emissions to the extentquantifiable, and emissions associatedwith startups, shutdowns, andmalfunctions.(b) The average rate shall be adjusted55Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementsoperating above an emissionlimitation that was legallyenforceable during theconsecutive 24-month period.c)The average rate shall be adjusteddownward to exclude anyemissions that would haveexceeded an emissions limitationwith which the stationary sourcemust currently comply, had suchstationary source been required tocomply with such limitationsduring the consecutive 24-monthperiod.d)The average rate shall not bebased on any consecutive 24-month period for which there isinadequate information fordetermining annual GHGemissions and for adjusting thisamount if required bySubparagraphs (b) and (c) ofParagraph (13) of this subsection.downward to exclude any noncompliantemissions that occurred while thesource was operating above an emissionlimitation that was legally enforceableduring the consecutive 24-monthperiod.(c) The average rate shall be adjusteddownward to exclude any emissionsthat would have exceeded an emissionlimitation with which the stationarysource must currently comply, had suchstationary source been required tocomply with such limitations during theconsecutive 24-month period.(d) The average rate shall not be basedon any consecutive 24-month period forwhich there is inadequate informationfor determining annual GHG emissionsand for adjusting this amount if requiredby paragraphs (aa)(2)(xiii)(b) and (c) ofthis section.The new definition of “Baseline actual emissions”at 20.2.74.320(B)(13) NMAC is substantivelyidentical to the federal GHG PAL permittingdefinition of “Baseline actual emissions” at 40 CFR52.21(aa)(2)(xiii).These revisions are approvable.No comparable provision in existing SIP(14)Emissions unit with respect to GHGsmeans any part of a stationary source thatemits or has the potential to emit GHGs.For purposes of this section, there are twotypes of emissions units as describted inthe following:EPA finalized the GHG PAL permitting provisionsof the GHG Tailoring Rule Step 3 on July 12, 2012at 77 FR 41051. The GHG PAL definitions werepromulgated at 40 CFR 52.21(aa)(2) as follows:(xiv) Emissions unitwith respect to GHGs56Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementsa)A new emissions unit is anyemission unit that is (or will be)newly constructed ant that hasexisted for less than 2 years fromthe date such emission unit firstoperated.b)An existing emissions unit is anyemissions unit that does not meetthe requirements in subparagraph(a) of this paragraph.means any part of a stationary source thatemits or has the potential to emit GHGs. Forpurposes of this section, there are two types ofemissions units as described in the following:(a) A new emissions unit is any emissionsunit that is (or will be) newly constructedand that has existed for less than 2 yearsfrom the date such emissions unit firstoperated.(b) An existing emissions unit is anyemissions unit that does not meet therequirements in paragraph (aa)(2)(xiv)(a)of this section.The new definition of “Emissions Unit with respectto GHGs” at 20.2.74.320(B)(14) NMAC issubstantively identical to the federal GHG PALpermitting definition of “Emissions Unit withrespect to GHGs” at 40CFR 52.21(aa)(2)(xiv).These revisions are approvable.No comparable provision in existing SIP(15)Minor source means any stationary sourcethat does not meet the definition of majorstationary source in Subsection AG of20.2.74.7 NMAC for any pollutant at thetime the PAL is issued.EPA finalized the GHG PAL permitting provisionsof the GHG Tailoring Rule Step 3 on July 12, 2012at 77 FR 41051. The GHG PAL definitions werepromulgated at 40 CFR 52.21(aa)(2) as follows:(xv) Minor sourcemeans any stationarysource that does not meet the definition ofmajor stationary source in paragraph(b)(1) of this section for any pollutant atthe time the PAL is issued.The new definition of “Minor Source” at20.2.74.320(B)(15) NMAC is substantivelyidentical to the federal GHG PAL permitting57Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementsdefinition of “Minor Source” at 40 CFR52.21(aa)(2)(xv).These revisions are approvable.C. Permit Application Requirements. As part of apermit application requesting a PAL, the owner oroperator of a major stationary source shall submitthe following information to the department forapproval.C. Permit Application Requirements. As part of apermit application requesting a PAL, the owner oroperator of a major stationary source or a GHGonly sourceshall submit the following informationto the department for approval.EPA finalized the GHG PAL permitting provisionsof the GHG Tailoring Rule Step 3 on July 12, 2012at 77 FR 41051. The GHG PAL permit applicationrequirements were promulgated at 40 CFR52.21(aa)(3) as follows:(3)Permit application requirements.Aspart of a permit application requesting aPAL, the owner or operator of a majorstationary source or a GHG-only sourceshall submit the following information tothe Administrator for approval:The revisions to the PAL permit applicationrequirements at 20.2.74.320(C) NMAC aresubstantively identical to the federal GHG PALpermit application requirements at 40 CFR52.21(aa)(3).These revisions are approvable.(1)A list of all emissions units at the sourcedesignated as small, significant or major basedon their potential to emit. In addition, theowner or operator of the source shall indicatewhich, if any, federal or state applicablerequirements, emission limitations, or workpractices apply to each unit.No change No change to theexisting SIP-approved language.(2)Calculations of the baseline actualemissions (with supporting documentation).Baseline actual emissions are to includeemissions associated notonly with operation ofNo changeNo change to theexisting SIP-approved language.58Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementsthe unit, but also emissions associated withstartup, shutdown, and malfunction.(3)The calculation procedures that the majorstationary source owner or operator proposesto use to convert the monitoring system data tomonthly emissions and annual emissions basedon a 12-month rolling total for each month asrequired by Subsection M of this section.No change No change to theexisting SIP-approved language.No comparable provision in existing SIP(4)As part of a permit application requestinga GHG PAL, the owner or operator of amajor stationary source or a GHG-onlysource shall submit a statement by thesource owner or operator that clarifieswhether the source is an existing majorsource as definied in Paragraphs (1) and(2) of Subsection AG of 20.2.74.7 NMACor a GHG-only source as defined inParagraph (12) of Subsection B of thissubsection.EPA finalized the GHG PAL permitting provisionsof the GHG Tailoring Rule Step 3 on July 12, 2012at 77 FR 41051. The GHG PAL permit applicationrequirements were promulgated at 40 CFR52.21(aa)(3) as follows:(iv)As part of a permit applicationrequesting a GHG PAL, the owner oroperator of a major stationary source or aGHG-only source shall submit a statementby the source owner or operator thatclarifies whether the source is an existingmajor source as defined in paragraph(b)(1)(i)(a) and (b) of this section or aGHG-only source as defined in paragraph(aa)(2)(xii) of this section.The new provisions in the PAL permit applicationrequirements at 20.2.74.320(C)(4) NMAC aresubstantively identical to the federal GHG PALpermit application requirements at 40 CFR52.21(aa)(3)(iv).These revisions are approvable.D. General requirements for establishing PALs No change No change to the existing SIP-approved language.(1)The department may establish a PAL at amajor stationary source, provided that at a(1)The department may establish a PAL at a majorstationary source or a GHG-only source,EPA finalized the GHG PAL permitting provisionsof the GHG Tailoring Rule Step 3 on July 12, 201259Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementsminimum, the following requirements are met. provided that at a minimum, the followingrequirements are met.at 77 FR 41051. The requirements for establishingGHG PALs were promulgated at 40 CFR52.21(aa)(4) as follows:(i)The Administrator is allowed toestablish a PAL at a major stationarysource or a GHG-only source, providedthat at a minimum, the requirements inparagraphs (aa)(4)(i)(a) through (g) of thissection are met.The revisions to the general requirements forestablishing PALs at 20.2.74.320(D)(1) NMAC aresubstantively identical to the federal GHG PALpermit application requirements at 40 CFR52.21(aa)(4)(i).These revisions are approvable.a)The PAL shall impose an annual emissionlimitation in tons per year, that isenforceable as a practical matter, for theentire major stationary source. For eachmonth during the PAL effective periodafter the first 12 months of establishing aPAL, the major stationary source owner oroperator shall show that the sum of themonthly emissions from each emissionsunit under the PAL for the previous 12consecutive months is less than the PAL (a12-month average, rolled monthly). Foreach month during the first 11 monthsfrom the PAL effective date, the majorstationary source owner or operator shallshow that the sum of the precedingmonthly emissions from the PAL effectivea)The PAL shall impose an annual emissionlimitation expressed on a mass basisin tonsper year, or expressed in tons per yearCO2e, that is enforceable as a practicalmatter, for the entire major stationarysource or GHG-only source. For eachmonth during the PAL effective periodafter the first 12 months of establishing aPAL, the major stationary source or GHGonly sourceowner or operator shall showthat the sum of the monthly emissions fromeach emissions unit under the PAL for theprevious 12 consecutive months is less thanthe PAL (a 12-month average, rolledmonthly). For each month during the first11 months from the PAL effective date, themajor stationary source or GHG-onlyEPA finalized the GHG PAL permitting provisionsof the GHG Tailoring Rule Step 3 on July 12, 2012at 77 FR 41051. The requirements for establishingGHG PALs were promulgated at 40 CFR52.21(aa)(4) as follows:(i)(a)The PAL shall impose an annualemission limitation expressed on a massbasis in tons per year, or expressed in tonsper year CO2e, that is enforceable as apractical matter, for the entire majorstationary source orGHG-only source. Foreach month during the PAL effectiveperiod after the first 12 months ofestablishing a PAL, the major stationarysource or GHG-only source owner oroperator shall show that the sum of the60Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementsdate for each emissions unit under thePAL is less than the PAL.sourceowner or operator shall show thatthe sum of the preceding monthlyemissions from the PALeffective date foreach emissions unit under the PAL is lessthan the PAL.monthly emissions from each emissionsunit under the PAL for the previous 12consecutive months is less than the PAL (a12-month average, rolled monthly). Foreach month during the first 11 monthsfrom the PAL effective date, the majorstationary source or GHG-only sourceowner or operator shall show that the sumof the preceding monthly emissions fromthe PAL effective date for each emissionsunit under the PAL is less than the PAL.The revisions to the general requirements forestablishing PALs at 20.2.74.320(D)(1)(a) NMACare substantively identical to the federal GHG PALpermit application requirements at 40 CFR52.21(aa)(4)(i)(a).These revisions are approvable.b)The PAL shall be established in a PALpermit that meets the public participationrequirements in Subsection E of thissection.No change No change to theexisting SIP-approved language.c)The PAL permit shall contain all therequirements of Subsection G of thissection.No change No change to theexisting SIP-approved language.d)The PAL shall include fugitive emissions,to the extent quantifiable, from allemissions units that emit or have thepotential to emit the PAL pollutant at themajor stationary source.d)The PAL shall include fugitive emissions,to the extent quantifiable, from allemissions units that emit or have thepotential to emit the PAL pollutant at themajor stationary source or GHG-onlysource.e)Each PAL shall regulate emissions of onlyone pollutant.No change No change to theexisting SIP-approved language.f)Each PAL shall have a PAL effective No change Nochange to the existing SIP-approved language.61Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementsperiod of 10 years.g)The owner or operator of the majorstationary source with a PAL shall complywith the monitoring, recordkeeping, andreporting requirements provided inSubsections L through N of this sectionfor each emissions unit under the PALthrough the PAL effective period.g)The owner or operator of the majorstationary source or GHG-only sourcewitha PAL shall comply with the monitoring,recordkeeping, and reporting requirementsprovided in Subsections L through N of thissection for each emissions unit under thePAL through the PAL effective period.EPA finalized the GHG PAL permitting provisionsof the GHG Tailoring Rule Step 3 on July 12, 2012at 77 FR 41051. The requirements for establishingGHG PALs were promulgated at 40 CFR52.21(aa)(4) as follows:(i)(g)The owner or operator of the majorstationary source or GHG-only sourcewith a PAL shall comply with themonitoring, recordkeeping, and reportingrequirements provided in paragraphs(aa)(12) through (14) of this section foreach emissions unit under the PALthrough the PAL effective period.The revisions to the general requirements forestablishing PALs at 20.2.74.320(D)(1)(g) NMACare substantively identical to the federal GHG PALpermit application requirements at 40 CFR52.21(aa)(4)(i)(g).These revisions are approvable.(2)At no time (during or after the PAL effectiveperiod) are emissions reductions of a PALpollutant that occur during the PAL effectiveperiod creditable as decreases for purposes ofoffsets under 40 CFR 51.165(a)(3)(ii) unlessthe level of the PAL is reduced by the amountof such emissions reductions and suchreductions would be creditable in the absenceof the PAL.No changeNo change to the existing SIP-approved language.E. Public participation requirements for PALs.PALs for existing major stationary sources shall beestablished, renewed, or increased, through aE. Public participation requirements for PALs.PALs for existing major stationary sources orGHG-only sourcesshall be established, renewed, orEPA finalized the GHG PAL permitting provisionsof the GHG Tailoring Rule Step 3 on July 12, 2012at 77 FR 41051. The requirements for establishing62Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementsprocedure that is consistent with 40 CFR 51.160and 161. This includes the requirement that thedepartment provide the public with notice of theproposed approval of a PAL permit and at least a30-day period for submittal of public comment.The department must address all materialcomments before taking final action on the permit.increased, through a procedure that is consistentwith 40 CFR 51.160 and 161. This includes therequirement that the department provide the publicwith notice of the proposed approval of a PALpermit and at least a 30-day period for submittal ofpublic comment. The department must address allmaterial comments before taking final action on thepermit.GHG PALs were promulgated at 40 CFR52.21(aa)(5) as follows:(5)Public participation requirements forPALs.PALs for existing major stationarysources or GHG-only sources shall beestablished, renewed, or increased througha procedure that is consistent with §§51.160 and 51.161 of this chapter. Thisincludes the requirement that theAdministrator provide the public withnotice of the proposed approval of a PALpermit and at least a 30-day period forsubmittal of public comment. TheAdministrator must address all materialcomments before taking final action on thepermit.The revisions to the public participationrequirements for PALs at 20.2.74.320(E) NMACare substantively identical to the federal PALpublic participation requirements at 40 CFR52.21(aa)(5).These revisions are approvable.F. Setting the 10-year actuals PAL level.No changeNo change to the existing SIP-approved language.1.Except as provided in Paragraph (2) of thissubsection, the actuals PAL level for a majorstationary source shall be established as thesum of the baseline actual emissions (asdefined in 20.2.74.7 NMAC) of the PALpollutant for each emissions unit at the source;plus an amount equal to the applicablesignificant level for the PAL pollutant underSubsection AV of 20.2.74.7 NMAC or under1.Except as provided in Paragraph (2) of thissubsection, the actuals PAL level for a majorstationary source or GHG-only sourceshall beestablished as the sum of the baseline actualemissions (as defined in 20.2.74.7 NMAC or,for GHGs, Paragraph (13) of Subsection B of20.2.74.320 NMAC) of the PAL pollutant foreach emissions unit at the source; plus anamount equal to the applicable significant levelEPA finalized the GHG PAL permitting provisionsof the GHG Tailoring Rule Step 3 on July 12, 2012at 77 FR 41051. The revisions for setting the 10-year actuals PAL level specific to GHGs werepromulgated at 40 CFR 52.21(aa)(6) as follows:(i)Except as provided in paragraph(aa)(6)(ii) and (iii) ofthis section, the planshall provide that the actuals PAL level for63Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementsthe act, whichever is lower. When establishingthe actuals PAL level, for a PAL pollutant,only one consecutive 24-month period must beused to determine the baseline actual emissionsfor all existing emissions units. However, adifferent consecutive 24-month period may beused for each different PAL pollutant.Emissions associated with units that werepermanently shutdown after this 24-monthperiod must be subtracted from the PAL level.The department shall specify a reduced PALlevel(s) (in tons/yr) in the PAL permit tobecome effective onthe future compliancedate(s) of any applicable federal or stateregulatory requirement(s) that the departmentis aware of prior to issuance of the PALpermit. For instance, if the source owner oroperator will be required to reduce emissionsfrom industrial boilers in half from baselineemissions of 60 ppm NOx to a new rule limitof 30 ppm, then the permit shall contain afuture effective PAL level that is equal to thecurrent PAL level reduced by half of theoriginal baseline emissions of such unit(s).for the PAL pollutant under Subsection AV of20.2.74.7 NMAC or under the act, whichever islower. When establishing the actuals PALlevel, for a PAL pollutant, only one consecutive24-month period must be used to determine thebaseline actual emissions for all existingemissions units. However, a differentconsecutive 24-month period may be used foreach different PAL pollutant. Emissionsassociated with unitsthat were permanentlyshutdown after this 24-month period must besubtracted from the PAL level. The departmentshall specify a reduced PAL level(s) (in tons/yr)in the PAL permit to become effective on thefuture compliance date(s) of any applicablefederal or state regulatory requirement(s) thatthe department is aware of prior to issuance ofthe PAL permit. For instance, if the sourceowner or operator will be required to reduceemissions from industrial boilers in half frombaseline emissions of 60 ppm NOx to a newrule limit of 30 ppm, then the permit shallcontain a future effective PAL level that isequal to the current PAL level reduced by halfof the original baseline emissions of suchunit(s).a major stationary source or a GHG-onlysource shall be established as the sum ofthe baseline actual emissions (as definedin paragraph (b)(48) of this section or, forGHGs, paragraph (aa)(2)(xiii) of thissection) of the PAL pollutant for eachemissions unit at the source; plus anamount equal to the applicable significantlevel for the PAL pollutant underparagraph (b)(23) of this section or underthe Act, whichever is lower.The revisions made to the provisions for setting the10-year actuals PAL levels for GHGs at20.2.74.320(F)(1) NMAC are substantivelyidentical to the federal PAL 10-year actualsrequirements at 40 CFR 52.21(aa)(6)(i).These revisions are approvable.2.For newly constructed units (which do notinclude modifications to existing units) onwhich actual construction began after the 24-month period, in lieu of adding the baselineactual emissions as specified in Paragraph (1)of this subsection, the emissions must be addedto the PAL level in an amount equal to thepotential to emit of the units.2.No Change No change to the existing SIP-approved language.3.For CO2e based GHG PAL, the actuals PALEPA finalized the GHG PAL permitting provisions64Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementslevel shall be established as the sum of theGHGs baseline actual emissions (as defined inParagraph (13) of Subsection B of 20.2.74.320NMAC) of GHGs for each emissions unit at thesource, plus an amount equal to the amountdefined as “significant” on a CO2e basis for thepurposes of Subsection AZ of 20.2.74.7 NMACat the time the PAL permit is being issued.When establishing the actuals PAL level forCO2e-based PAL, only one consecutive 24-month period must be used to determine thebaseline actual emissions for all existingemissions units. Emissions associated with unitsthat were permanently shut down after this 24-month period must be subtracted from the PALlevel. The departmentshall specify a reducedPAL level (in tons per year CO2e) in the PALpermit to become effective on the futurecompliance date(s) of any applicable federal orNew Mexico regulatory requirement(s) that thedepartment is aware of prior to issuance of thePAL permit.of the GHG Tailoring Rule Step 3 on July 12, 2012at 77 FR 41051. The revisions for setting the 10-year actuals PAL level specific to GHGs werepromulgated at 40 CFR 52.21(aa)(6) as follows:(iii)For CO2e based GHG PAL, theactuals PAL level shall be established asthe sum of the GHGs baseline actualemissions (as defined in paragraph(aa)(2)(xiii) of this section) of GHGs foreach emissions unit at the source, plus anamount equal to the amount defined as‘‘significant’’ on a CO2e basis for thepurposes of paragraph (b)(49)(iii) at thetime the PAL permit is being issued.When establishing the actuals PAL levelfor a CO2e-based PAL, only oneconsecutive 24-month period must be usedto determine the baseline actual emissionsfor all existing emissions units. Emissionsassociated with units that werepermanently shut down after this 24-month period must be subtracted from thePAL level. The reviewing authority shallspecify a reduced PAL level (in tons peryear CO2e) in the PAL permit to becomeeffective on the future compliance date(s)of any applicable Federal or stateregulatory requirement(s) that thereviewing authority is aware of prior toissuance of the PAL permit.The new provisions for setting the 10-year actualsPAL levels for GHGs at 20.2.74.320(F)(3) NMACare substantively identical to the federal PAL 10-65Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementsyear actuals requirements at 40 CFR52.21(aa)(6)(iii).These revisions are approvable.G. Contents of the PAL Permit. The PAL permitshall contain, at a minimum, the followinginformation.No Change No change to the existing SIP-approved language.1)The PAL pollutant and the applicable sourcewide emission limitation in tons per year.1)The PAL pollutant and the applicable source-wide emission limitation in tons per year or tonsper year CO2e.EPA finalized the GHG PAL permitting provisionsof the GHG Tailoring Rule Step 3 on July 12, 2012at 77 FR 41051. The GHG revisions for PALpermit content were promulgated at 40 CFR52.21(aa)(7) as follows:(i)The PAL pollutant and the applicablesource-wide emission limitation in tonsper year or tons per year CO2e.The revisions to PAL permit content at20.2.74.320(G)(1) NMAC are substantivelyidentical to the federal PAL permit contentrequirements at 40 CFR 52.21(aa)(7)(i).These revisions are approvable.2)The PAL permit effective date and theexpiration date of the PAL (PAL effectiveperiod).No change No change to theexisting SIP-approved language.3)Specification in the PAL permit that if a majorstationary source owner or operator applies torenew a PAL in accordance with Subsection Jof this section before the end of the PALeffective period, then the PAL shall not expireat the end of the PAL effective period. It shallremain in effect until a revised PAL permit isissued by the department.3)Specification in the PAL permit that if a majorstationary source or GHG-only sourceowneror operator applies to renew a PAL inaccordance with Subsection J of this sectionbefore the end of the PAL effective period,then the PAL shall not expire at the end of thePAL effective period. It shall remain in effectuntil a revised PAL permit is issued by thedepartment.EPA finalized the GHG PAL permitting provisionsof the GHG Tailoring Rule Step 3 on July 12, 2012at 77 FR 41051. The GHG revisions for PALpermit content were promulgated at 40 CFR52.21(aa)(7) as follows:(iii) Specification in the PAL permit that ifa major stationary source or a GHG-onlysource owner or operator applies to renew66Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementsa PAL in accordance with paragraph(aa)(10) of this section before the end ofthe PAL effective period, then the PALshall not expire at the end of the PALeffective period. It shall remain in effectuntil a revised PAL permit is issued by areviewing authority.The revisions to PAL permit content at20.2.74.320(G)(3) NMAC are substantivelyidentical to the federal PAL permit contentrequirements at 40 CFR 52.21(aa)(7)(iii).These revisions are approvable.4)A requirement that emission calculations forcompliance purposes include emissions fromstartups, shutdowns and malfunctions.No change No change to theexisting SIP-approved language.5)A requirement that, once the PAL expires, themajor stationary source is subject to therequirements of Subsection I of this section.5)A requirement that, once the PAL expires, themajor stationary source or GHG-only sourceissubject to the requirements of Subsection I ofthis section.EPA finalized the GHG PAL permitting provisionsof the GHG Tailoring Rule Step 3 on July 12, 2012at 77 FR 41051. The GHG revisions for PALpermit content were promulgated at 40 CFR52.21(aa)(7) as follows:(v) A requirement that, once the PALexpires, the major stationary source orGHG-only source is subject to therequirements of paragraph (aa)(9) of thissection.The revisions to PAL permit content at20.2.74.320(G)(5) NMAC are substantivelyidentical to the federal PAL permit contentrequirements at 40 CFR 52.21(aa)(7)(v).These revisions are approvable.67Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirements6)The calculation procedures that the majorstationary source owner or operator shall use toconvert the monitoring system data to monthlyemissions and annual emissions based on a 12-month rolling total for each month as requiredby Paragraph (1) of Subsection C of thissection.6)The calculation procedures that the majorstationary source or GHG-only sourceowneror operator shall use to convert the monitoringsystem data to monthly emissions and annualemissions based on a 12-month rolling total foreach month as required by Paragraph (1) ofSubsection C of this section.EPA finalized the GHG PAL permitting provisionsof the GHG Tailoring Rule Step 3 on July 12, 2012at 77 FR 41051. The GHG revisions for PALpermit content were promulgated at 40 CFR52.21(aa)(7) as follows:(vi) The calculation procedures that themajor stationary source or GHG-onlysource owner or operator shall use toconvert the monitoring system data tomonthly emissions and annual emissionsbased on a 12-month rolling total asrequired by paragraph (aa)(13)(i) of thissection.The revisions to PAL permit content at20.2.74.320(G)(6) NMAC are substantivelyidentical to the federal PAL permit contentrequirements at 40 CFR 52.21(aa)(7)(vi).These revisions are approvable.7)A requirement that the major stationary sourceowner or operator monitor all emissions unitsin accordance withthe provisions underSubsection M of this section.7)A requirement that the major stationary sourceor GHG-only sourceowner or operatormonitor all emissions units in accordance withthe provisions under Subsection M of thissection.EPA finalized the GHG PAL permitting provisionsof the GHG Tailoring Rule Step 3 on July 12, 2012at 77 FR 41051. The GHG revisions for PALpermit content were promulgated at 40 CFR52.21(aa)(7) as follows:(vii) A requirement that the majorstationary source or GHG-only sourceowner or operator monitor all emissionsunits in accordance with the provisionsunder paragraph (aa)(12) of this section.The revisions to PAL permit content at20.2.74.320(G)(7) NMAC are substantively68Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementsidentical to the federal PAL permit contentrequirements at 40 CFR 52.21(aa)(7)(vii).These revisions are approvable.8)A requirement to retain the records requiredunder Subsection M of this section on site.Such records may be retained in an electronicformat.No change No change to theexisting SIP-approved language.9)A requirement to submit the reports requiredunder Subsection N of this section by therequired deadlines.No change No change to theexisting SIP-approved language.10)Any other requirements that the departmentdeems necessary to implement and enforce thePAL.No change No change to theexisting SIP-approved language.No comparable provision in existing SIP11)A permit for a GHG PAL issued to a GHGonly source shall also include a statementdenoting that GHG emissions at the source willnot be subject to regulation under SubsectionAZ of 20.2.74.7 NMAC as long as the sourcecomplies with the PAL.EPA finalized the GHG PAL permitting provisionsof the GHG Tailoring Rule Step 3 on July 12, 2012at 77 FR 41051. The GHG revisions for PALpermit content were promulgated at 40 CFR52.21(aa)(7) as follows:(xi) A permit for a GHG PAL issued to aGHG-only source shall also include astatement denoting that GHG emissions atthe source will not be subject to regulationunder paragraph (b)(49) of this section aslong as the source complies with the PAL.The revisions to PAL permit content at20.2.74.320(G)(11) NMAC are substantivelyidentical to the federal PAL permit contentrequirements at 40 CFR 52.21(aa)(7)(xi).These revisions are approvable.H. PAL effective period and reopening of the PALpermit.No change No change to theexisting SIP-approved language.69Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirements1)PAL effective period. The PAL effectiveperiod shall be 10 years.No change No change to theexisting SIP-approved language.2)Reopening of the PAL permit. No change No change to the existing SIP-approved language.a)During the PAL effective period, thedepartment shall reopen the PAL permitto:i.correct typographical/calculationerrors made in setting the PAL orreflect a more accurate determinationof emissions used to establish thePAL;ii.reduce the PAL if the owner oroperator of the major stationarysource creates creditable emissionsreductions for use as offsets under 40CFR 51.165(a)(3)(ii); andiii.revise the PAL to reflect an increasein the PAL as provided underSubsection K of this section.No changeNo change to theexisting SIP-approved language.b)The department may reopen the PALpermit for the following:i.to reduce the PAL to reflect newlyapplicable federal requirements (forexample, NSPS) with compliancedates after the PAL effective date;ii.to reduce the PAL consistent with anyother requirement, that is enforceableas a practical matter, and that thedepartment may impose on the majorstationary source under the plan; andiii.to reduce the PAL if the departmentdetermines that a reduction isnecessary to avoid causing orcontributing to a NAAQS or PSDincrement violation, or to an adverseb) The department may reopen the PAL permit forthe following:i.to reduce the PAL to reflect newlyapplicable federal requirements (forexample, NSPS) with compliance datesafter the PAL effective date;ii.to reduce the PAL consistent with anyother requirement, that is enforceable as apractical matter, and that the departmentmay impose on the major stationarysource or GHG-only sourceunder theplan; andiii.to reduce the PAL if the departmentdetermines that a reduction is necessaryto avoid causing or contributing to aNAAQS or PSD increment violation, orEPA finalized the GHG PAL permitting provisionsof the GHG Tailoring Rule Step 3 on July 12, 2012at 77 FR 41051. The GHG revisions for PALeffective period and reopening a PAL werepromulgated at 40 CFR 52.21(aa)(8) as follows:(ii)(b)(2) Reduce the PAL consistent withany other requirement, that is enforceableas a practical matter, and that the Statemay impose on the major stationary sourceor GHG-only source under the StateImplementation Plan; andThe revisions to PAL effective date and reopeningprovisions at 20.2.74.320(H)(2)(b)(ii) NMAC aresubstantively identical to the federal PAL permit70Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementsimpact on an AQRV that has beenidentified for a federal class I area bya federal land manager and for whichinformation is available to the generalpublic.to an adverse impact on an AQRV thathas been identified for a federal class Iarea by a federal land manager and forwhich information is available to thegeneral public.content requirements at 40 CFR52.21(aa)(8)(ii)(b)(2).These revisions are approvable.c)Except for the permit reopening in Item (i)of Subparagraph (a) of Paragraph (2) ofthis subsection for the correction oftypographical/calculation errors that donot increase the PAL level, all reopeningsshall be carried out inaccordance with thepublic participation requirements ofSubsection E of this section.No change No change to theexisting SIP-approved language.I. Expiration of a PAL. Any PAL that is notrenewed in accordance with the procedures inSubsection J of this section shall expire at the endof the PAL effective period, and the followingrequirements shall apply.No change No change to theexisting SIP-approved language.1)Each emissions unit (or each group ofemissions units) that existed under the PALshall comply with an allowable emissionlimitation under a revised permit establishedaccording to the following procedures.No change No change to theexisting SIP-approved language.a)Within the time frame specified for PALrenewals in Paragraph (2) of Subsection Jof this section, the major stationary sourceshall submit a proposed allowableemission limitation for each emissions unit(or each group of emissions units, if such adistribution is more appropriate as decidedby the department) by distributing thePAL allowable emissions for the majorstationary source among each of theemissions units that existed under thePAL. If the PAL had not yet beena)Within the time frame specified for PALrenewals in Paragraph (2) of Subsection J ofthis section, the major stationary source orGHG-only sourceshall submit a proposedallowable emission limitation for eachemissions unit (or each group of emissionsunits, if such a distribution is more appropriateas decided by the department) by distributingthe PAL allowable emissions for the majorstationary source among each of the emissionsunits that existed under the PAL. If the PALhad not yet been adjusted for an applicableEPA finalized the GHG PAL permitting provisionsof the GHG Tailoring Rule Step 3 on July 12, 2012at 77 FR 41051. The PAL expiration provisionswere promulgated at 40 CFR 52.21(aa)(9) asfollows:(i)(a) Within the time frame specified forPAL renewals in paragraph (aa)(10)(ii) ofthis section, the major stationary source orGHG-only source shall submit a proposedallowable emission limitation for eachemissions unit (or each group of emissions71Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementsadjusted for an applicable requirement thatbecame effective during the PAL effectiveperiod, as required under Paragraph (5) ofSubsection J of this section, suchdistribution shall be made as if the PALhad been adjusted.requirement that became effective during thePAL effective period, as required underParagraph (5) of Subsection J of this section,such distribution shall be made as if the PALhad been adjusted.units, if such a distribution is moreappropriate as decided by theAdministrator) by distributing the PALallowable emissions for the majorstationary sourceor GHG-only sourceamong each of the emissions units thatexisted under the PAL. If the PAL had notyet been adjusted for an applicablerequirement that became effective duringthe PAL effective period, as requiredunder paragraph (aa)(10)(v) of thissection, such distribution shall be made asif the PAL had been adjusted.The revisions to PAL expiration provisions at20.2.74.320(I)(1)(a) NMAC partially implementthe requirements at 40CFR 52.21(aa)(9)(i)(a). Notethat the revisions to 20.2.74.320(I)(1)(a) NMAC donot contain the second use of “or GHG-onlysource” [in bold text above] promulgated by EPAon July 12, 2012.Despite not containing language verbatim thefederal requirements in this one sub-section, EPAfinds that the submitted revisions are stillapprovable as in keeping with the spirit and intentof the federal requirements. Further, the omissionof “GHG-only source” inthis situation will notnegatively impact the functionality of the PALpermit renewal and expiration provisions.The NMED should correct this omission at the nextavailable opportunity and submit the correction as aSIP revision.b)The department shall decide No change No change to the existing SIP-approved language.72Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementswhether and how the PALallowable emissions will bedistributed and issue a revisedpermit incorporating allowablelimits for each emissions unit, oreach group of emissions units, asthe department determines isappropriate.2)Each emissions unit(s) shall comply with theallowable emission limitation on a 12-monthrolling basis. The department may approve theuse of monitoring systems (source testing,emission factors, etc.) other than CEMS,CERMS, PEMS or CPMS to demonstratecompliance with the allowable emissionlimitation.No change No change to theexisting SIP-approved language.3)Until the department issues the revised permitincorporating allowable limits for eachemissions unit, or each group of emissionsunits, as required under Subparagraph (b) ofParagraph (1) of Subsection I of this section,the source shall continue to comply with asource-wide, multi-unit emissions capequivalent to the level of the PAL emissionlimitation.No change No change to theexisting SIP-approved language.4)Any physical change or change in the methodof operation at the major stationary source willbe subject to major new source reviewrequirements if such change meets thedefinition of major modification in 20.2.74.7NMAC.4)Any physical change or change in the methodof operation at the major stationary source orGHG-only sourcewill be subject to major newsource review requirements if such changemeets the definition of major modification in20.2.74.7 NMAC.EPA finalized the GHG PAL permitting provisionsof the GHG Tailoring Rule Step 3 on July 12, 2012at 77 FR 41051. The PAL expiration provisionswere promulgated at 40 CFR 52.21(aa)(9) asfollows:(iv) Any physical change or change in themethod of operation at the majorstationary source or GHG-only source willbe subject to major NSR requirements if73Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementssuch change meets the definition of majormodification in paragraph (b)(2) of thissection.The revisions to PAL expiration provisions at20.2.74.320(I)(4) NMAC are substantivelyidentical to the PAL expiration provisions at 40CFR 52.21(aa)(9)(iv).These revisions are approvable.5)The major stationary source owner or operatorshall continue to comply with any New Mexicoor federal applicablerequirements (BACT,RACT, NSPS, etc.) that may have appliedeither during the PAL effective period or priorto the PAL effective period except for thoseemission limitations that had been establishedpursuant to Subsection D of 20.2.74.300NMAC, but were eliminated by the PAL inaccordance with the provisions inSubparagraph (c) of Paragraph (2) ofSubsection A of this section.5)The major stationary source or GHG-onlysourceowner or operator shall continue tocomply with any New Mexico or federalapplicable requirements (BACT, RACT,NSPS, etc.) that may have applied eitherduring the PAL effective period or prior to thePAL effective period except for those emissionlimitations that had been established pursuantto Subsection D of 20.2.74.300 NMAC, butwere eliminated by the PAL in accordancewith the provisions in Subparagraph (c) ofParagraph (2) of Subsection A of this section.EPA finalized the GHG PAL permitting provisionsof the GHG Tailoring Rule Step 3 on July 12, 2012at 77 FR 41051. The PAL expiration provisionswere promulgated at 40 CFR 52.21(aa)(9) asfollows:(v) The major stationary source or GHGonly source owner or operator shallcontinue to comply with any State orFederal applicable requirements (BACT,RACT, NSPS, etc.) that may have appliedeither during the PAL effective period orprior to the PAL effective period exceptfor those emission limitations that hadbeen established pursuant to paragraph(r)(4) of this section,but were eliminatedby the PAL in accordance with theprovisions in paragraph (aa)(1)(ii)(c) ofthis section.The revisions to PAL expiration provisions at20.2.74.320(I)(5) NMAC are substantivelyidentical to the PAL expiration provisions at 40CFR 52.21(aa)(9)(v).74Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal RequirementsThese revisions are approvable.J. Renewal of a PAL.No changeNo change to the existing SIP-approved language.1)The department shall follow the proceduresspecified in Subsection E of this section inapproving any request to renew a PAL for amajor stationary source, and shall provide boththe proposed PAL level and a written rationalefor the proposed PAL level to the public forreview and comment. During such publicreview, any person may propose a PAL levelfor the source for consideration by thedepartment.1)The department shall follow the proceduresspecified in Subsection E of this section inapproving any request to renew a PAL for amajor stationary source or GHG-only source,and shall provide both the proposed PAL leveland a written rationale for the proposed PALlevel to the public for review and comment.During such public review, any person maypropose a PAL level for the source forconsideration by the department.EPA finalized the GHG PAL permitting provisionsof the GHG Tailoring Rule Step 3 on July 12, 2012at 77 FR 41051. The PAL renewal provisions werepromulgated at 40 CFR 52.21(aa)(10) as follows:(i) The Administrator shall follow theprocedures specified in paragraph (aa)(5)of this section in approving any request torenew a PAL for a major stationary sourceor a GHG-only source, and shall provideboth the proposed PAL level and a writtenrationale for the proposed PAL level to thepublic for review and comment. Duringsuch public review, any person maypropose a PAL level for the source forconsideration by the Administrator.The revisions to PAL renewal provisions at20.2.74.320(J)(1) NMAC are substantivelyidentical to the PAL renewal provisions at 40 CFR52.21(aa)(10)(i).These revisions are approvable.2)Application deadline. A major stationarysource owner or operator shall submit a timelyapplication to the department to requestrenewal of a PAL. A timely application is onethat is submitted at least 6 months prior to, butnot earlier than 18 months from, the date ofpermit expiration. This deadline forapplication submittal is to ensure that thepermit will not expire before the permit isrenewed. If the owner or operator of a major2)Application deadline. A major stationarysource or GHG-only sourceowner or operatorshall submit a timely application to thedepartment to request renewal of a PAL. Atimely application is one that is submitted atleast 6 months prior to, but not earlier than 18months from, the date of permit expiration.This deadline for application submittal is toensure that the permit will not expire before thepermit is renewed. If the owner or operator of aEPA finalized the GHG PAL permitting provisionsof the GHG Tailoring Rule Step 3 on July 12, 2012at 77 FR 41051. The PAL renewal provisions werepromulgated at 40 CFR 52.21(aa)(10) as follows:(ii)Application deadline.A majorstationary source or GHG-only sourceowner or operator shall submit a timelyapplication to the Administrator to requestrenewal of a PAL. A timely application is75Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementsstationary source submits a completeapplication to renew the PAL within this timeperiod, then the PAL shall continue to beeffective until the revised permit with therenewed PAL is issued.major stationary source or GHG-only sourcesubmits a complete application to renew thePAL within this time period, then the PAL shallcontinue to be effective until the revised permitwith the renewed PAL is issued.one that is submitted at least 6 monthsprior to, but not earlier than 18 monthsfrom, the date of permit expiration. Thisdeadline for application submittal is toensure that the permit will not expirebefore the permit is renewed. If the owneror operator of a major stationary source orGHG-only source submits a completeapplication to renew the PAL within thistime period, then the PAL shall continueto be effective until the revised permitwith the renewed PAL is issued.The revisions to PAL renewal provisions at20.2.74.320(J)(2) NMAC are substantivelyidentical to the PAL renewal provisions at 40 CFR52.21(aa)(10)(ii).These revisions are approvable.3)Application requirements. The application torenew a PAL permit shall contain thefollowing information.a)The information required in Subsection Cof this section.b)A proposed PAL level.c)The sum of the potential to emit of allemissions units under the PAL (withsupporting documentation).d)Any other information the owner oroperator wishes the department to considerin determining the appropriate level forrenewing the PAL.No change No change to theexisting SIP-approved language.4)PAL adjustment. In determining whether andhow to adjust the PAL, the department shallconsider the options outlined in Subparagraphs4)PAL adjustment. In determining whether andhow to adjust the PAL, the department shallconsider the options outlined in SubparagraphsEPA finalized the GHG PAL permitting provisionsof the GHG Tailoring Rule Step 3 on July 12, 2012at 77 FR 41051. The PAL renewal provisions were76Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirements(a) and (b) of this paragraph. However, in nocase may any such adjustment fail to complywith Subparagraph (c) of this paragraph.a)If the emissions level calculated inaccordance with Subsection F of thissection is equal to or greater than 80percent of the PAL level, the departmentmay renew the PAL at the same levelwithout considering the factors set forth inSubparagraph (b) of this paragraph.b)The department may set the PAL at a levelthat it determines to be morerepresentative of the source's baselineactual emissions, or that it determines tobe appropriate considering air qualityneeds, advances in control technology,anticipated economic growth in the area,desire to reward or encourage the source'svoluntary emissions reductions, or otherfactors as specifically identified by thedepartment in its written rationale.c)Notwithstanding Subparagraphs (a) and(b) of this paragraph:i.if the potential to emit of the majorstationary source is less than the PAL,the department shall adjust the PAL to alevel no greater than the potential toemit of the source; andii.the department shall not approve arenewed PAL level higher than thecurrent PAL, unless the major stationarysource has complied with the provisionsof Subsection K of this section(increasing a PAL).(a) and (b) of this paragraph. However, in nocase may any such adjustment fail to complywith Subparagraph (c) of this paragraph.a.If the emissions level calculated inaccordance with Subsection F of thissection is equal to or greater than 80percent of the PAL level, the departmentmay renew the PAL at the same levelwithout considering the factors set forth inSubparagraph (b) of this paragraph.b.The department may set the PAL at a levelthat it determines to be morerepresentative of the source's baselineactual emissions, or that it determines tobe appropriate considering air qualityneeds, advances in control technology,anticipated economic growth in the area,desire to reward or encourage the source'svoluntary emissions reductions, or otherfactors as specifically identified by thedepartment in its written rationale.c.Notwithstanding Subparagraphs (a) and(b) of this paragraph:i.if the potential to emit of the majorstationary source or GHG-only sourceis less than the PAL, the departmentshall adjust the PAL to a level no greaterthan the potential to emit of the source;andii.the department shall not approve arenewed PAL level higher than thecurrent PAL, unless the major stationarysource or GHG-only sourcehascomplied with the provisions ofSubsection K of this section (increasingpromulgated at 40 CFR 52.21(aa)(10) as follows:(iv)(c)(1) If the potential to emit of themajor stationary source or GHG-onlysource is less than the PAL, theAdministrator shall adjust the PAL to alevel no greater than the potential to emitof the source; and(iv)(c)(2) The Administrator shall notapprove a renewed PAL level higher thanthe current PAL, unless the majorstationary source or GHG-only source hascomplied with the provisions of paragraph(aa)(11) of this section (increasing a PAL).The revisions to PAL renewal provisions at20.2.74.320(J)(4)(c)(i) and (ii) NMAC aresubstantively identical to the PAL renewalprovisions at 40 CFR 52.21(aa)(10)(iv)(c)(1) and(2).These revisions are approvable.77Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementsa PAL).5)If the compliance date for a state or federalrequirement that applies to the PAL sourceoccurs during the PAL effective period, and ifthe department has not already adjusted forsuch requirement, the PAL shall be adjusted atthe time of PAL permit renewal or title Vpermit renewal, whichever occurs first.No change No change to theexisting SIP-approved language.K. Increasing a PAL during the PAL effectiveperiod.No change No change to theexisting SIP-approved language.1)The department may increase a PAL emissionlimitation only if the major stationary sourcecomplies with the following provisions.1)The department may increase a PAL emissionlimitation only if the major stationary source orGHG-only sourcecomplies with the followingprovisions.EPA finalized the GHG PAL permitting provisionsof the GHG Tailoring Rule Step 3 on July 12, 2012at 77 FR 41051. The provisions for increasing aPAL during the PAL effective period werepromulgated at 40 CFR 52.21(aa)(11) as follows:(i) The Administrator may increase a PALemission limitation only if the majorstationary source or GHG-only sourcecomplies with the provisions in paragraphs(aa)(11)(i)(a)through (d) of this section.The revisions to PAL increase provisions at20.2.74.320(K)(1) NMAC are substantivelyidentical to the PAL increase provisions at 40 CFR52.21(aa)(11)(i).These revisions are approvable.a)The owner or operator of the majorstationary source shall submit a completeapplication to request an increase in thePAL limit for a PAL major modification.Such application shall identify theemissions unit(s) contributing to theincrease in emissions so as to cause thea)The owner or operator of the major stationarysource or GHG-onlyshall submit a completeapplication to request an increase in the PALlimit for a PAL major modification. Suchapplication shall identify the emissions unit(s)contributing to the increase in emissions so asto cause the major stationary or GHG-onlyEPA finalized the GHG PAL permitting provisionsof the GHG Tailoring Rule Step 3 on July 12, 2012at 77 FR 41051. The provisions for increasing aPAL during the PAL effective period werepromulgated at 40 CFR 52.21(aa)(11) as follows:(i)(a) The owner or operator of the major78Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementsmajor stationary source's emissions toequal or exceed its PAL.source's emissions to equal or exceed its PAL. stationary sourceor GHG-only sourceshall submit a complete application torequest an increase in the PAL limit for aPAL major modification. Such applicationshall identify the emissions unit(s)contributing to the increase in emissionsso as to cause the major stationary orGHG-only source’s emissions to equal orexceed its PAL.The revisions to PAL increase provisions at20.2.74.320(K)(1)(a) NMAC are substantivelyidentical to the PAL increase provisions at 40 CFR52.21(aa)(11)(i)(a).These revisions are approvable.b)As part of this application, the majorstationary source owner or operator shalldemonstrate that the sum of the baselineactual emissions of the small emissionsunits, plus the sum of the baseline actualemissions of the significant and majoremissions units assuming application ofBACT equivalent controls, plus the sum ofthe allowable emissions of the new ormodified emissions unit(s), exceeds thePAL. The level of control that wouldresult from BACT equivalent controls oneach significant or major emissions unitshall be determined by conducting a newBACT analysis at the time the applicationis submitted, unless the emissions unit iscurrently required to comply with a BACTor LAER requirement that was establishedwithin the preceding 10 years. In such ab)As part of this application, the majorstationary source or GHG-only sourceowneror operator shall demonstrate that the sum ofthe baseline actual emissions of the smallemissions units, plus the sum of the baselineactual emissions of thesignificant and majoremissions units assuming application ofBACT equivalent controls, plus the sum ofthe allowable emissions of the new ormodified emissions unit(s), exceeds the PAL.The level of control that would result fromBACT equivalent controls on each significantor major emissions unit shall be determinedby conducting a new BACT analysis at thetime the application is submitted, unless theemissions unit is currently required to complywith a BACT or LAER requirement that wasestablished within the preceding 10 years. Insuch a case, the assumed control level for thatEPA finalized the GHG PAL permitting provisionsof the GHG Tailoring Rule Step 3 on July 12, 2012at 77 FR 41051. The provisions for increasing aPAL during the PAL effective period werepromulgated at 40 CFR 52.21(aa)(11) as follows:(i)(b) As part of this application, the majorstationary source or GHG-only sourceowner or operator shall demonstrate thatthe sum of the baseline actual emissions ofthe small emissions units, plus the sum ofthe baseline actual emissions of thesignificant and major emissions unitsassuming application of BACT equivalentcontrols, plus the sum of the allowableemissions of the new or modifiedemissions unit(s) exceeds the PAL. Thelevel of control that would result fromBACT equivalent controls on each79Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementscase, the assumed control level for thatemissions unit shall be equal to the levelof BACT or LAER with which thatemissions unit must currently comply.emissions unit shall be equal to the level ofBACT or LAER with which that emissionsunit must currently comply.significant or major emissions unit shall bedetermined by conducting a new BACTanalysis at the time the application issubmitted, unless the emissions unit iscurrently required to comply with a BACTor LAER requirement that was establishedwithin the preceding 10 years. In such acase, the assumed control level for thatemissions unit shall be equal to the levelof BACT or LAER with which thatemissions unit must currently comply.The revisions to PAL increase provisions at20.2.74.320(K)(1)(b) NMAC are substantivelyidentical to the PAL increase provisions at 40 CFR52.21(aa)(11)(i)(b).These revisions are approvable.c)The owner or operator obtains a majornew source review permit for all emissionsunit(s) identified inSubparagraph (a) ofthis paragraph, regardless of themagnitude of the emissions increaseresulting from them (that is, no significantlevels apply). These emissions unit(s)shall comply with any emissionsrequirements resulting from the major newsource review process (for example,BACT), even though they have alsobecome subject to the PAL or continue tobe subject to the PAL.No change No change to theexisting SIP-approved language.d)The PAL permit shall require that theincreased PAL level shall be effective onthe day any emissions unit that is part ofthe PAL major modification becomesNo change No change to theexisting SIP-approved language.80Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementsoperational and begins to emit the PALpollutant.2)The department shall calculate the new PAL asthe sum of the allowable emissions for eachmodified or new emissions unit, plus the sumof the baseline actual emissions of thesignificant and major emissions units(assuming application of BACT equivalentcontrols as determined in accordance withSubparagraph (b) of Paragraph (1) of thissubsection), plus the sum of the baseline actualemissions of the small emissions units.No change No change to theexisting SIP-approved language.3)The PAL permit shall be revised to reflect theincreased PAL level pursuant to the publicnotice requirements of Subsection E of thissection.No change No change to theexisting SIP-approved language.L. Monitoring requirements for PALs.No changeNo change to the existing SIP-approved language.1)General requirements. No change No changeto the existing SIP-approved language.a)Each PAL permit must contain enforceablerequirements for the monitoring system thataccurately determines plantwide emissionsof the PAL pollutant in terms of mass perunit of time. Any monitoring systemauthorized for use in the PAL permit must bebased on sound science and meet generallyacceptable scientific procedures for dataquality and manipulation. Additionally, theinformation generated by such system mustmeet minimum legal requirements foradmissibility in a judicial proceeding toenforce the PAL permit.a)Each PAL permit must contain enforceablerequirements for the monitoring system thataccurately determines plantwide emissions ofthe PAL pollutant in terms of mass per unit oftime or CO2e per unit of time. Anymonitoring system authorized for use in thePAL permit must be based on sound scienceand meet generally acceptable scientificprocedures for data quality and manipulation.Additionally, the information generated bysuch system must meet minimum legalrequirements for admissibility in a judicialproceeding to enforce the PAL permit.EPA finalized the GHG PAL permitting provisionsof the GHG Tailoring Rule Step 3 on July 12, 2012at 77 FR 41051. The PAL monitoring requirementswere promulgated at 40 CFR 52.21(aa)(12) asfollows:(i)(a) Each PAL permit must containenforceable requirements for themonitoring system that accuratelydetermines plantwide emissions of thePAL pollutant in terms of mass per unit oftime or CO2e per unit of time. Anymonitoring system authorized for use inthe PAL permit must be based on soundscience and meet generally acceptablescientific procedures for data quality andmanipulation. Additionally, the81Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementsinformation generated by such systemmust meet minimum legal requirementsfor admissibility in ajudicial proceedingto enforce the PAL permit.The revisions to PAL monitoring requirements at20.2.74.320(L)(1)(a) NMAC are substantivelyidentical to the PAL monitoring requirements at 40CFR 52.21(aa)(12)(i)(a).These revisions are approvable.b)The PAL monitoring system must employone or more of the four general monitoringapproaches meeting the minimumrequirements set forth in Paragraph (2) ofthis subsection and must be approved by thedepartment.No change No change to theexisting SIP-approved language.c)Notwithstanding Subparagraph (b) of thisparagraph, you may also employ analternative monitoring approach that meetsSubparagraph (a) of this paragraph ifapproved by the department.No change No change to theexisting SIP-approved language.d)Failure to use a monitoring system thatmeets the requirements of this sectionrenders the PAL invalid.No change No change to theexisting SIP-approved language.2)The following are acceptable generalmonitoring approacheswhen conducted inaccordance with the minimum requirements inParagraphs (3) through (9) of this subsection:a)Mass balance calculations for activitiesusing coatings or solvents;b)CEMS;c)CPMS or PEMS; andd)emission factors.No change No change to theexisting SIP-approved language.3)Mass balance calculations. An owner or No change No change to the existing SIP-approved language.82Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementsoperator using mass balance calculations tomonitor PAL pollutant emissions fromactivities using coating or solvents shall meetthe following requirements:a)provide a demonstrated means of validatingthe published content of the PAL pollutantthat is contained in or created by allmaterials used in or at the emissions unit;b)assume that the emissions unit emits all ofthe PAL pollutant that is contained in orcreated by any raw material or fuel used inor at the emissions unit, if it cannototherwise be accounted for in the process;andc)where the vendor of a material or fuel, whichis used in or at the emissions unit, publishesa range of pollutant content from suchmaterial, the owner or operator must use thehighest value of the range to calculate thePAL pollutant emissions unless thedepartment determines there is site-specificdata or a site-specific monitoring program tosupport another content within the range.4)CEMS. An owner or operator using CEMS tomonitor PAL pollutant emissions shall meetthe following requirements:a)CEMS must comply with applicableperformance specifications found in 40CFR Part 60, Appendix B; andb)CEMS must sample, analyze, and recorddata at least every 15 minutes while theemissions unit is operating.No change No change to theexisting SIP-approved language.5)CPMS or PEMS. An owner or operator usingCPMS or PEMS to monitor PAL pollutantemissions shall meet the followingNo change No change to theexisting SIP-approved language.83Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementsrequirements:a)the CPMS or the PEMS must be based oncurrent site-specific data demonstrating acorrelation between the monitoredparameter(s) and the PAL pollutantemissions across the range of operation ofthe emissions unit; andb)each CPMS or PEMS must sample,analyze, and record data at least every 15minutes, or at another less frequentinterval approved by the department, whilethe emissions unit is operating.6)Emission factors. An owner or operator usingemission factors to monitor PAL pollutantemissions shall meet the followingrequirements:a)all emission factors shall be adjusted, ifappropriate, to account for the degree ofuncertainty or limitations in the factors'development;b)the emissions unit shall operate within thedesignated range ofuse for the emissionfactor, if applicable; andc)if technically practicable, the owner oroperator of a significant emissions unitthat relies on an emission factor tocalculate PAL pollutant emissions shallconduct validation testing to determine asite-specific emission factor within 6months of PAL permit issuance, unless thedepartment determines that testing is notrequired.No change No change to theexisting SIP-approved language.7)A source owner or operator must record andreport maximum potential emissions withoutconsidering enforceable emission limitations orNo change No change to theexisting SIP-approved language.84Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementsoperational restrictions for an emissions unitduring any period of time that there is nomonitoring data, unless another method fordetermining emissions during such periods isspecified in the PAL permit.8)Notwithstanding the requirements inParagraphs (3) through (7) of this subsection,where an owner or operator of an emissionsunit cannot demonstrate a correlation betweenthe monitored parameter(s) and the PALpollutant emissions rate at all operating pointsof the emissions unit, the department shall, atthe time of permit issuance:a)establish default value(s) for determiningcompliance with the PAL based on thehighest potential emissions reasonablyestimated at such operating point(s); orb)determine that operation of the emissionsunit during operating conditions whenthere is no correlation between monitoredparameter(s) and the PAL pollutantemissions is a violation of the PAL.No change No change to theexisting SIP-approved language.9)Revalidation. All data used to establish thePAL pollutant must be revalidated throughperformance testing or other scientifically validmeans approved by the department. Suchtesting must occur at least once every 5 yearsafter issuance of the PAL.No change No change to theexisting SIP-approved language.M. Recordkeeping Requirements.No changeNo change to the existing SIP-approved language.1)The PAL permit shall require an owner oroperator to retain a copy of all recordsnecessary to determine compliance with anyrequirement of this section and of the PAL,including a determination of each emissionsunit's 12-month rolling total emissions, for 5No change No change to theexisting SIP-approved language.85Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementsyears from the date of such record.2)The PAL permit shall require an owner oroperator to retain a copy of the followingrecords, for the duration of the PAL effectiveperiod plus 5 years:a)copy of the PAL permit application and anyapplications for revisions to the PAL; andb)each annual certification of compliancepursuant to title V and the data relied on incertifying the compliance.No change No change to theexisting SIP-approved language.N. Reporting and notification requirements. Theowner or operator shall submit semi-annualmonitoring reports and prompt deviation reports tothe department in accordance with the applicabletitle V operating permit program. The reports shallmeet the followingrequirements.No change No change to theexisting SIP-approved language.1)Semi-annual report. The semi-annual reportshall be submitted to the department within 30days of the end of each reporting period. Thisreport shall contain the following information:No change No change to theexisting SIP-approved language.a)the identification of owner and operatorand the permit number;No change No change to theexisting SIP-approved language.b)total annual emissions (tons per year)based on a 12-month rolling total for eachmonth in the reporting period recordedpursuant to Paragraph (1) of Subsection Mof this section;b)total annual emissions (expressed on a massbasis intons per year, or expressed in tons peryear CO2e) based on a 12-month rolling totalfor each month in the reporting periodrecorded pursuant to Paragraph (1) ofSubsection M of this section;EPA finalized the GHG PAL permitting provisionsof the GHG Tailoring Rule Step 3 on July 12, 2012at 77 FR 41051. The PAL reporting andnotification requirements were promulgated at 40CFR 52.21(aa)(14) as follows:(i)(b) Total annual emissions (expressedon a mass-basis in tons per year, orexpressed in tons per year CO2e) based ona 12-month rolling total for each month inthe reporting period recorded pursuant toparagraph (aa)(13)(i) of this section.86Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal RequirementsThe revisions to PAL monitoring requirements at20.2.74.320(N)(1)(b) NMAC are substantivelyidentical to the PAL monitoring requirements at 40CFR 52.21(aa)(14)(i)(b).These revisions are approvable.c)all data relied upon, including, but notlimited to, any quality assurance or qualitycontrol data, in calculating the monthlyand annual PAL pollutant emissions;No change No change to theexisting SIP-approved language.d)a list of any emissions units modified oradded to the major stationary sourceduring the preceding 6-month period;d)a list of any emissions units modified oradded to the major stationary source orGHG-only sourceduring the preceding 6-month period;EPA finalized the GHG PAL permitting provisionsof the GHG Tailoring Rule Step 3 on July 12, 2012at 77 FR 41051. The PAL reporting andnotification requirements were promulgated at 40CFR 52.21(aa)(14) as follows:(i)(d) A list of any emissions unitsmodified or added to the major stationarysource or GHG-only source during thepreceding 6-month period.The revisions to PAL monitoring requirements at20.2.74.320(N)(1)(d) NMAC are substantivelyidentical to the PAL monitoring requirements at 40CFR 52.21(aa)(14)(i)(d).These revisions are approvable.e)the number, duration, and cause of anydeviations or monitoring malfunctions(other than the timeassociated with zeroand span calibration checks), and anycorrective action taken;No change No change to theexisting SIP-approved language.f)a notification of a shutdown of anymonitoring system, whether the shutdownwas permanent or temporary, the reasonNo change No change to theexisting SIP-approved language.87Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementsfor the shutdown, the anticipated date thatthe monitoring system will be fullyoperational or replaced with anothermonitoring system, and whether theemissions unit monitored by themonitoring system continued to operate,and the calculation of the emissions of thepollutant or the number determined bymethod included in the permit, as providedby Paragraph (7) of Subsection L of thissection; andg)a signed statement by the responsibleofficial (as defined by the applicable titleV operating permit program) certifying thetruth, accuracy, and completeness of theinformation provided in the report.No change No change to theexisting SIP-approved language.2)Deviation report. The major stationary sourceowner or operator shall promptly submitreports of any deviations or exceedance of thePAL requirements, including periods where nomonitoring is available. A report submittedpursuant to Paragraph (2) of Subsection E of20.2.70.302 NMAC shall satisfy this reportingrequirement. The deviation reports shall besubmitted within the time limits prescribed bythe applicable program implementingParagraph (2) of Subsection E of 20.2.70.302NMAC. The reports shall contain thefollowing information:a)the identification of owner and operatorand the permit number;b)the PAL requirement that experienced thedeviation or that was exceeded;c)emissions resulting from the deviation orthe exceedance; and2)Deviation report. The major stationary sourceor GHG-only sourceowner or operator shallpromptly submit reports of any deviations orexceedance of thePAL requirements,including periods where no monitoring isavailable. A report submitted pursuantto Paragraph (2) of Subsection E of20.2.70.302 NMAC shall satisfy this reportingrequirement. The deviation reports shall besubmitted within the time limits prescribed bythe applicable program implementingParagraph (2) of Subsection E of 20.2.70.302NMAC. The reports shall contain thefollowing information:a.the identification of owner and operatorand the permit number;b.the PAL requirement that experienced thedeviation or that was exceeded;c.emissions resulting from the deviation orEPA finalized the GHG PAL permitting provisionsof the GHG Tailoring Rule Step 3 on July 12, 2012at 77 FR 41051. The PAL reporting andnotification requirements were promulgated at 40CFR 52.21(aa)(14) as follows:(ii)Deviation report.The major stationarysource or GHG-only source owner oroperator shall promptly submit reports ofany deviations or exceedance of the PALrequirements, including periods where nomonitoring is available. A reportsubmitted pursuant to § 70.6(a)(3)(iii)(B)of this chapter shall satisfy this reportingrequirement. The deviation reports shall besubmitted within the time limits prescribedby the applicable program implementing §70.6(a)(3)(iii)(B) of this chapter. Thereports shall contain the following88Existing NM SIPApproved by EPA on January 22, 201378 FR 4339Revisions to 20.2.74 NMAC Submitted January8, 2013Adopted by the NMEnvironmentalImprovement Board on January 7, 2013;Effective February 6, 2013Analysis and Evaluation Against ApplicableFederal Requirementsd)a signed statement by the responsibleofficial (as defined by the applicable titleV operating permit program) certifying thetruth, accuracy, and completeness of theinformation provided in the report.the exceedance; andd.a signed statement by the responsibleofficial (as defined by the applicable titleV operating permit program) certifying thetruth, accuracy, and completeness of theinformation provided in the report.information:The revisions to PAL monitoring requirements at20.2.74.320(N)(2) NMAC are substantivelyidentical to the PAL monitoring requirements at 40CFR 52.21(aa)(14)(ii).These revisions are approvable.3)Revalidation results. The owner or operatorshall submit to the department the results ofany revalidation test or method within threemonths after completion of such test ormethod.No change No change to theexisting SIP-approved language.O. Transition Requirements.No changeNo change to the existing SIP-approved language.1)The department may not issue a PAL that doesnot comply with the requirements in thissection after the administrator has approvedregulations incorporating these requirementsinto a plan.No change No change to theexisting SIP-approved language.2)The department may supersede any PAL whichwas established prior to the date of approval ofthe plan by the administrator with a PAL thatcomplies with the requirements of this section.No change No change to theexisting SIP-approved language.

# 89 

# IV. Conclusion

The technical analysis provided in the preceding s ections has compared the applicable sections

of the CAA and 40 CFR Part 51 to the January 8, 2013, proposed revisions to the New Mexico

SIP for PSD permitting. This analysis found that th e adoption of the non-substantive revisions to

correct formatting and the s ubstantive revisions to adopt the GHG PAL provisions at 20.2.74.7

and 20.2.74.320 NMAC submitted on January 8, 2013, are consistent with the CAA and 40 CFR

Parts 51.166 and 52.21, as applicable. Further, thes e revisions are necessary to implement the

PSD GHG PAL permitting provisions consistent with federal PSD requirements. Therefore, it is

recommended that a proposed approval of the following sections be published:

 20.2.74.7 NMAC - the definition of “subject to regulation” at 20.2.74.7(AZ)(1), (2), (2)(b),

(3), (4) and (5) and

 20.2.74.320 NMAC.

Note that at this time, EPA is severing and ta king no action on the submitted revision to the

definition of “subject to regula tion” to adopt and implement th e GHG Biomass Deferral Rule at

20.2.74.7(AZ)(2)( a ) NMAC. On July 12, 2013, the D. C. Ci rcuit Court issued its decision to

vacate the GHG Biomass Deferral Rule.