TECHNICAL SUPPORT DOCUMENT 

July 24, 2013 

Revisions to 20.2.74 NMAC submitted January 8, 2013 

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

FOR FURTHER INFORMATION CONTACT: 

Adina Wiley United States Environmental Protection 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) concerning 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 the Clean Air Act (CAA). 

This review will determine if the program revisions 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 vacate 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 submittals because the New 

Mexico Operating Permits Program is an approved 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 Title 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 Mexico 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 PM2.5. 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 Significant Deterioration (PSD) 

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

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

Greenhouse Gas Tailoring Rule Step 3 and 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 Bioenergy 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 submittal will also be reviewed for completeness as 

under Part 51, Appendix V. 

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

CAA 

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

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

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

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

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

requirement of this Act. 

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 Mexico EIB to implement the GHG Tailoring Rule 

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

identical to those finalized by the EPA. Therefore, 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 applicable requirement concerning attainment and 

reasonable further progress, or any other applicable requirement of the CAA. 
III.B. Evaluation of the January 8, 2013, SIP 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 criteria for determining the completeness of plan 

submissions. Appendix V to Part 51 is outlined below: 

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

State implementation plan submitted for consideration by EPA is an official submission 

for purposes of review under § 51.103. 

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 the State was required to submit the plan or 

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

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

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

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

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

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

expedite the review and adoption of SIP revisions. 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 submittal letter from the Governor or his or her 

designee requesting EPA's approval of the revision. 

Mr. David Martin, Secretary of the New Mexico 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 Operating Permits Program at 20.2.70 NMAC, but as 

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

TSD. 

In a letter dated August 31, 2011, Governor Martinez 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 adopted the revision in the State code or body of 

regulations, or that the State has issued the permit, order, consent agreement (hereafter 

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

issuance and the effective date of revision, if different from 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 citation 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 agency; 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 including 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 appropriate State official 

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

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

The 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 date 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 and 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 Environment 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 Control 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 copies of any public notices published 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 indicating that public hearing(s) was/were held in accordance 

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

constitution, if applicable. 

 

The submittal package included a transcript 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 following technical information in its SIP revision request package. 

1. Identification of all regulated 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 designation of the locations and the 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 allowable emissions from the affected sources is 

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

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

from affected sources through calculations of the differences between certain baseline 

levels and allowable emissions anticipated if the revisions were approved.) 

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 NAAQS/PSD increments/RFP demonstration and 

visibility as applicable would be protected if the revision were approved and 

implemented. 

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

submitted consistent with the 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 required by §175A of the Clean Air Act? 

 Not applicable. 

 b. Are contingency measures included? 

 Not applicable. 

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

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

Modeling will be provided on a permit-by-permit 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, industrial/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 revision contains emission limitations, work 

practice standards, and recordkeeping/reporting requirements to ensure stated emission 

levels. 
The January 8, 2013, SIP submittal does not establish emission limitations, work practice 

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

Each PSD permit will include these items as necessary to implement 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 technological justifications are included per 

applicable EPA policies or an explanation why such justifications are not necessary 

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

justification. 

 These justifications are not necessary for 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, SIP 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. Subsequent 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 these 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 comparison 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. 
12

Table III.C.1 – Evaluation of January 8, 2013 Revisions to 20.2.74 NMAC Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

20.2.74.7 – Definitions: Terms used but not defined in this plan shall have the meaning given them by 20.2.2 NMAC (Definitions) (formerly AQCR 100). As used in this plan the following definitions shall apply. 

20.2.74.7 – Definitions: Terms used but not defined in this plan shall have the meaning given them by 20.2.2 NMAC (Definitions) (formerly AQCR 100). As used in this plan the following definitions shall apply. 

No change to the SIP-app

A. “Act” means the Federal Clean Air Act, as 

amended, 42 U. S. C. Sections 7401 et seq. 

No Change No change to the existing 

B. “Actual emissions” means the actual rate of 

emissions of a regulated new source review pollutant from an emissions unit, as determined in accordance with Paragraphs (2) through (4) 

of this subsection. (1) This definition shall not apply for 

calculating whether a significant emissions increase has occurred, or for establishing a PAL under 20.2.74.320 NMAC. Instead, Subsections G and AQ of this section shall apply for those purposes. 

(2) In general, actual emissions as of a 

particular date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during a consecutive 24-month period which precedes the particular date and which is representative of normal source operation. The department shall allow the use of a different time period upon a determination that it is more representative of normal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period. 

(3) The department may presume that sourceNo Change No change to the existing 
13

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

specific allowable emissions for the unit are equivalent to the actual emissions of the unit. 

(4) For any emissions unit that has not begun 

normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date. 

C. “Administrator” means the administrator of the 

U.S. Environmental Protection Agency (EPA) or an authorized representative. 

No Change No change to the existing 

D. “Adverse impact on visibility” means visibility 

impairment which interferes with the management, protection, preservation, or enjoyment of the visitor's visual experience of the class I federal area. This determination must be made on a case-by-case basis taking into account the geographic extent, intensity, duration, frequency, and time of the visibility impairments and how these factors correlate with the following: 1) times of visitor use of the class I federal area; and 2) the frequency and timing of natural conditions that reduce visibility. This term does not include effects on integral vistas as defined in 40 CFR 51.301 Definitions. 

No Change No change to the existing 

E. “Allowable emissions” means the emissions 

rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to federally enforceable limits which restrict the operating rate, or hours of operation, or both) and the most stringent of the following: (1) the applicable standards as set forth in 40 

CFR Parts 60 and 61; 

(2) the applicable state implementation plan 

No Change No change to the existing 
14

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

emissions limitation, including those with a future compliance date; or 

(3) the emissions rate specified as a federally 

enforceable permit condition, including those with a future compliance date. 

F. “Attainment area” means, for any air pollutant, 

an area which is shown by monitored data or which is calculated by air quality modeling not to exceed any national ambient air quality standard for such pollutant, and is so designated under Section 107 (d) (1) (D) or (E) of the act. 

No Change No change to the existing 

G. “Baseline actual emissions” means the rate of 

emissions, in tons per year, of a regulated new source review pollutant, as determined in accordance with the following. (1) For any existing electric utility steam 

generating unit, baseline actual emissions means the average rate, in tons per year, at which the unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 5-year period immediately preceding when the owner or operator begins actual construction of the project.  The department shall allow the use of a different time period upon a determination that it is more representative of normal source operation. (a) The average rate shall include fugitive 

emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. 

(b) The average rate shall be adjusted 

No Change No change to the existing 
15

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

downward to exclude any noncompliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period. 

(c) For a regulated new source review 

pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period can be used For each regulated new source review pollutant. 

(d) The average rate shall not be based on 

any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by Subparagraph (b) of this paragraph. 

(2) For an existing emissions unit (other than 

an electric utility steam generating unit), baseline actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 10-year period immediately preceding either the date the owner or operator begins actual construction of the project, or the date a complete permit application is received by the department 
16

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

for a permit required either under this part or under a plan approved by the administrator, whichever is earlier, except that the 10-year period shall not include any period earlier than November 15, 1990. (a) The average rate shall include fugitive 

emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. 

(b) The average rate shall be adjusted 

downward to exclude any noncompliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period. 

(c) The average rate shall be adjusted 

downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply, had such major stationary source been required to comply with such limitations during the consecutive 24-month period. However, if an emission limitation is part of a maximum achievable control technology standard that the administrator proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted if the state has taken credit for such emissions reductions in 
17

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

an attainment demonstration or maintenance plan consistent with the requirements of 40 CFR 51.165(a) (3) (ii) (G). 

(d) For a regulated new source review 

pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period can be used for each regulated new source review pollutant. 

(e) The average rate shall not be based 

on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by Subparagraphs (b) and (c) of this paragraph. 

(3) For a new emissions unit, the baseline 

actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation of such unit shall equal zero; and thereafter, for all other purposes, shall equal the unit's potential to emit. 

(4) For a PAL for a stationary source, the 

baseline actual emissions shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in Paragraph (1) of this subsection, for other existing 
18

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

emissions units in accordance with the procedures contained in Paragraph (2) of this subsection, and for a new emissions unit in accordance with the procedures contained in Paragraph (3) of this subsection. 

H. "Baseline area” means all lands designated as 

attainment or unclassifiable in which the major source or major modification establishing the minor source baseline date would construct or would have an air quality impact for the pollutant for which the baseline date is established, as follows: equal to or greater than one microgram per cubic meter (annual average) for sulfur dioxide. nitrogen dioxide, or PM10; or equal or greater 

than 0.3 microgram per cubic meter (annual average) for PM2.5. The major source or 

major modification establishes the minor source baseline date (see the definition "minor source baseline date" in this part). Lands are designated as attainment or unclassifiable under Section 107(d)( 1)(A)(ii) or (iii) of the act within each federal air quality control region in the state of New Mexico. Any baseline area established originally for TSP (total suspended particulates) increments shall remain in effect and shall apply for purposes of determining the amount of available PM10 increments. A TSP baseline area shall not remain in effect if the department rescinds the corresponding minor source baseline date (see "minor source baseline date" in this part). 

No Change No change to the existing 

I. “Baseline concentration” means that ambient No Change No change to the existing 
19

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

concentration level that exists in the baseline area at the time of the applicable minor source baseline date. (1) A baseline concentration is determined for 

each pollutant for which a minor source baseline date is established and shall include: (a) the actual emissions, as defined in this 

section, representative of sources in existence on the applicable minor source baseline date, except as provided in Paragraph (2) of this subsection; 

(b) the allowable emissions of major 

stationary sources that commenced construction before the major source baseline date, but were not in operation by the applicable minor source baseline date. 

(2) The following will not be included in the 

baseline concentration and will affect the applicable maximum allowable increase(s): (a) actual emissions, as defined in this 

section, from any major stationary source on which construction commenced after the major source baseline date; and 

(b) actual emissions increases and 

decreases, as defined in Subsection B of this section, at any stationary source occurring after the minor source baseline date. 

J. “Begin actual construction” means, in general, 

initiation of physical onsite construction 

No Change No change to the existing 
20

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying underground pipework and construction of permanent storage structures. With respect to a change in method of operations, this term refers to those on-site activities other than preparatory activities which mark the initiation of the change. 

K. “Best Available Control Technology 

(BACT)” means an emissions limitation (including a visible emission standard) based on the maximum degree of reduction for each regulated pollutant which would be emitted from any proposed major stationary source or major modification, which the secretary determines is achievable on a case-by-case basis. This determination will take into account energy, environmental, and economic impacts and other costs. The determination must be achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning, clean fuels, or 

treatment or innovative fuel combustion techniques for control of such pollutants. In no event shall application of best available control technology result in emissions of any pollutant which would exceed the emissions allowed by any applicable standard under 40 CFR Parts 60 and 61. If the secretary determines that 

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

No Change No change to the existing 
21

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the application of best available control technology. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice, or operation, and shall provide for compliance by means which achieve equivalent results. 

L. “Building, structure, facility, or 

installation” means all of the pollutant emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control). Pollutantemitting activities shall be considered as part of the same industrial grouping if they belong to the same “major group” (i.e., which have the same first two digit code) as described in the standard industrial classification (SIC) manual, 

1972, as amended by the 1977 supplement (U. S. government printing office stock numbers 4101-0066 and 003-005-00176-0, respectively) or any superseding SIC manual. 

No Change No change to the existing 

M. “Class I federal area” means any federal land 

that is classified or reclassified as “class I” as 

described in 20.2.74.108 NMAC. 

No Change No change to the existing 

N. “Commence” means, as applied to construction 

of a major stationary source or major modification, that the owner or operator has all necessary preconstruction approvals or permits and has: 

No Change No change to the existing 
22

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

(1) Begun, or caused to begin, a continuous 

program of actual on-site construction of the source, to be completed within a reasonable time; or 

(2) Entered into binding agreements or 

contractual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake and complete, within a reasonable time, a 

program of actual construction. 

O. “Construction” means any physical change or 

change in the method of operation (including fabrication, erection, installation, demolition, or modification of an emissions unit) that would result in a change in emissions. 

No Change No change to the existing 

P. “Continuous emissions monitoring system 

(CEMS)” means all of the equipment that may be required to meet the data acquisition and availability requirements of this section, to sample, condition (if applicable), analyze, and provide a record of emissions on a continuous basis. 

No Change No change to the existing 

Q. “Continuous emissions rate monitoring system 

(CERMS)” means the total equipment required for the determination and recording of the pollutant mass emissions rate (in terms of mass per unit of time). 

No Change No change to the existing 

R. “Continuous parameter monitoring system 

(CPMS)” means all of the equipment necessary to meet the data acquisition and availability requirements of this section, to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O2 or CO2 

No Change No change to the existing 
23

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Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

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

S. “Department” means the New Mexico 

environment department. 

No Change No change to the existing 

T. “Electric utility steam generating unit” means 

any steam electric generating unit that is constructed for the purpose of supplying more than one-third of its potential electric output capacity and more than 25 megawatts electrical output to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose of providing steam to a steam-electric generator 

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

No Change No change to the existing 

U. “Emissions unit” means any part of a 

stationary source that emits or would have the potential to emit any regulated new source review pollutant and includes an electric utility steam generating unit as defined in this section. For purposes of this section, there are two types of emissions units as described in the following. (1) A new emissions unit is any emissions 

unit that is (or will be) newly constructed and that has existed for less than 2 years from the date such emissions unit first operated. 

(2) An existing emissions unit is any 

emissions unit that does not meet the requirements in Paragraph (1) of this subsection. A replacement unit, as defined in this section, is an existing unit. 

No Change No change to the existing 
24

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

V. “Federal land manager” means, with respect to 

any lands in the United States, a federal level cabinet secretary of a federal level department (e.g. interior dept.) with authority over such lands. 

No Change No change to the existing 

W. “Federally enforceable” means all limitations 

and conditions which are enforceable by the administrator, including: (1) those requirements developed pursuant to 

40 CFR Parts 60 and 61; 

(2) requirements within any applicable state 

implementation plan; 

(3) any permit requirements established 

pursuant to 40 CFR 52.21; or 

(4) under regulations approved pursuant to 40 

CFR Part 51, Subpart I including 40 CFR 51.165 and 40 CFR 51.166. 

No Change No change to the existing 

X. “Fugitive emissions” means those emissions 

which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. 

No Change No change to the existing 

Y. "Greenhouse gas" for the purpose of this part is 

defined as the aggregate group of the following 

six gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. 

No Change No change to the existing 

Z. “High terrain” means any area having an 

elevation nine hundred (900) feet or more above the base of a source's stack. 

No Change No change to the existing 

AA.“Indian governing body” means the governing 

body of any tribe, band, or group of Indians subject to the jurisdiction of the United States and recognized by the United States as possessing power of self-government. 

No Change No change to the existing 

AB. “Innovative Control Technology” means any No Change No change to the existing 
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Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

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Analysis and Evaluation Federal Requirements 

system of air pollution control that has not been adequately demonstrated in practice. But such system would have a substantial likelihood of achieving greater continuous emissions reduction than any control system in current practice or achieving at least comparable reductions at lower cost in terms of energy, economics, or non-air quality environmental impacts. 

AC. “Low terrain” means any area other than high 

terrain. 

No Change No change to the existing 

AD.“Lowest achievable emission rate” means, for 

any source, the more stringent rate of emissions based on the following: (1) the most stringent emissions limitation 

which is contained in the implementation plan of any state for such class or category of stationary source, unless the owner or operator of the proposed stationary source demonstrates that such limitations are not achievable; or 

(2) the most stringent emissions limitation 

which is achieved in practice by such class or category of stationary source; this limitation, when applied to a modification, means the lowest achievable emissions rate for the new or modified emissions units within the stationary source. In no event shall the application of this term permit a proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under an applicable new source standard of performance. 

No Change No change to the existing 

AE. “Major modification” means any physical No Change No change to the existing 
26

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

change in or change in the method of operation of a major stationary source that would result in: a significant emissions increase (as defined in of this section) of a regulated new source review pollutant (as defined in this section); and a significant net emissions increase of that pollutant from the major stationary source. Any significant emissions increase (as defined in this section) from any emissions units or net emissions increase (as defined in this section) at a major stationary source that is significant for volatile organic compounds or nitrogen oxides shall be considered significant for ozone. (1) A physical change or change in the 

method of operation shall not include: (a) routine maintenance, repair, and 

replacement; 

(b) use of an alternative fuel or raw 

material by reason of an order under Section 2 (a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan pursuant to the Federal Power Act; 

(c) use of an alternative fuel by reason of 

an order or rule under Section 125 of the act; 

(d) use of an alternative fuel at a steam 

generating unit to the extent that the fuel is generated from municipal solid waste; 

(e) use of an alternative fuel or raw 

material by a stationary source which: 
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Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

i. the source was capable of 

accommodating before January 6, 1975, unless such change would be prohibited under any federally enforceable permit condition which was established after January 6, 1975 pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.165 or 40 CFR 51.166; or 

ii. the source is approved to use under 

any permit issued under 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166; 

(f) an increase in the hours of operation 

or in the production rate, unless such change would be prohibited under any federally enforceable permit which was established after January 6, 1975, pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.165 or 40 CFR 51.166; 

(g) any change in ownership at a 

stationary source; 

(h) the installation, operation, cessation, 

or removal of a temporary clean coal technology demonstration project, provided that the project complies with: 

i. the state implementation plan for 

the state in which the project is located; and 

ii. other requirements necessary to 

attain and maintain the national ambient air quality standards during 
28

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

the project and after it is terminated. 

(i) the installation or operation of a 

permanent clean coal technology demonstration project that constitutes repowering, provided that the project does not result in an increase in the potential to emit of any regulated pollutant emitted by the unit; this exemption shall apply on a pollutantby-pollutant basis; 

(j) the reactivation of a very clean coalfired electric utility steam generating 

unit. 

(2) This definition shall not apply with respect 

to a particular regulated new source review pollutant when the major stationary source is complying with the requirements under 20.2.74.320 NMAC for a PAL for that pollutant. Instead, the definition at Paragraph (8) of Subsection B of 20.2.74.320 NMAC shall apply. 

AF. "Major source baseline date" means: 

(1) in the case of PM10and sulfur dioxide, 

January 6, 1975; 

(2) in the case of nitrogen dioxide, February 

8,1988; and 

(3) in the case of PM2.5, October 20,2010. 

No Change No change to the existing 

AG.“Major stationary source” means the 

following. a. Any stationary source listed in table 1 

(20.2.74.501 NMAC) which emits, or has the potential to emit, emissions equal to or greater than one hundred (100) tons per year of any regulated new source review pollutant. 

No Change No change to the existing 
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Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

b. Any stationary source not listed in table 1 

(20.2.74.501 NMAC) and which emits or has the potential to emit two hundred fifty (250) tons per year or more of any regulated new source review pollutant. 

c. Any physical change that would occur at a 

stationary source not otherwise qualifying under Paragraphs (1) or (2) of this subsection if the change would constitute a major stationary source by itself. 

d. A major source that is major for volatile 

organic compounds or nitrogen oxides shall be considered major for ozone. 

e. The fugitive emissions of a stationary 

source shall not be included in determining for any of the purposes of this section whether it is a major stationary source, unless the source belongs to one of the stationary source categories found in Table 1 (20.2.74.501 NMAC) or any other stationary source category which, as of August 7, 1980, is being regulated under Section 111 or 112 of the act. 

AH.“Mandatory class I federal area” means any 

area identified in the Code of Federal Regulations (CFR), 40 CFR Part 81, Subpart D. See 20.2.74.108 NMAC for a list of these areas in New Mexico. 

No Change No change to the existing 

AI. “Minor source baseline date” means the 

earliest date after the trigger date on which the owner or operator of a major stationary source or major modification subject to 40 CFR 52.21 or to this part submits a complete application under the relevant regulations. (1) The trigger date is: 

No Change No change to the existing 
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Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

(a) in the case of PM10 and 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 date 

established originally for the TSP (total suspended particulates) increments shall remain in effect and shall apply for purposes of determining the amount of available PM10 increments. The 

department may rescind any TSP minor source baseline date where it can be shown, to the department 's satisfaction, that the emissions increase from the major stationary source, or the net emissions increase from the major modification, responsible for triggering that date, did not result in a significant amount of PM10

emissions. 

AJ. “Natural conditions” includes naturally 

occurring phenomena that reduce visibility as measured in terms of visual range, contrast or coloration. 

No Change No change to the existing 

AK.“Necessary preconstruction approvals or 

permits” means those permits or approvals required under federal air quality control laws and regulations and those air quality control laws and regulations which are part of the New Mexico state implementation plan. 

No Change No change to the existing 

AL. “Net emissions increase” means, with respect 

to any regulated new source review pollutant 

emitted by a major stationary source, the following. 

No Change No change to the existing 
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Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

 (1) The amount by which the sum of the following exceeds zero.  (a) The increase in emissions from a particular physical change or change in the method of operation at a stationary source as calculated pursuant to Subsection D of 20.2.74.200 NMAC.  (b) Any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are otherwise creditable. Baseline actual emissions for calculating increases and decreases under this paragraph shall be determined as provided in Subsection G, except that Subparagraph (c) of Paragraph (1) and Subparagraph (d) of Paragraph (2) of Subsection G of this section shall not apply.  (2) An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs within the time period five years prior to the commencement of construction on the particular change and the date that the increase from the particular change occurs.  (3) An increase or decrease in actual emissions is creditable only if:  (a) it occurs within the time period five years prior to the commencement of construction on the particular change and the date that the increase from the particular change occurs; and  (b) the department has not relied on it in issuing a permit for the source under regulations approved pursuant to this section, 
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Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

which permit is in effect when the increase in actual emissions from the particular change occurs.  (4) An increase or decrease in actual emissions of sulfur dioxide, particulate matter, or nitrogen oxides that occurs before the applicable minor source baseline date is creditable only if it is required to be considered in calculating the amount of maximum allowable increases remaining available.  (5) An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level.  (6) A decrease in actual emissions is creditable only to the extent that:  (a) the old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions;  (b) it is enforceable as a practical matter at and after the time that actual construction on the particular change begins; and  (c) it has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change.  (7) An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days. 
33

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

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

AM. “Nonattainment area” means an area 

which has been designated under Section 107 of the Federal Clean Air Act as nonattainment for one or more of the national ambient air quality standards by EPA. 

No Change No change to the existing 

AN.“Portable stationary source” means a source 

which can be relocated to another operating site with limited dismantling and reassembly. 

No Change No change to the existing 

AO.“Potential to emit” means the maximum 

capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollutant control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitations or the effect it would have on emissions is federally enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source. 

No Change No change to the existing 

AP. “Predictive emissions monitoring system 

(PEMS)” means all of the equipment necessary to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O2 or CO2 concentrations), and calculate and record the mass emissions rate (for example, lb/hr) on a continuous basis. 

No Change No change to the existing 

AQ.“Project” means a physical change in, or No Change No change to the existing 
34

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

change in method of operation of, an existing major stationary source. 

AR. “Projected actual emissions” means the 

maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated new source review pollutant in any one of the 5 years (12-month period) following the date the unit resumes regular operation after the project, or in any one of the 10 years following that date, if the project involves increasing the emissions unit's design capacity or its potential to emit that regulated new source review pollutant, and full utilization of the unit would result in a significant emissions increase, or a significant net emissions increase at the major stationary source. In determining the projected actual emissions (before beginning actual construction), the owner or operator of the major stationary source: (1) shall consider all relevant information, 

including but not limited to, historical operational data, the company's own representations, the company's expected business activity and the company's highest projections of business activity, the company's filings with the state or federal regulatory authorities, and compliance plans under the approved plan; and 

(2) shall include fugitive emissions to the 

extent quantifiable and emissions associated with startups, shutdowns, and malfunctions; and 

(3) shall exclude, in calculating any increase 

No Change No change to the existing 
35

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

in emissions that results from the particular project, that portion of the unit's emissions following the project that an existing unit could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions under Subsection G of this section and that are also unrelated to the particular project, including any increased utilization due to product demand growth; or, 

(4) in lieu of using the method set out in 

Paragraphs (1) through (3) of this subsection, may elect to use the emissions unit's potential to emit, in tons per year, as defined in Subsection AQ of this section. 

AS. "Regulated new source review pollutant", 

for purposes of this part, means the following: (1) any pollutant for which a national ambient 

air quality standard has been promulgated and any pollutant identified under this paragraph (Paragraph (1) of Subsection AS of 20.2.74.7 NMAC) as a constituent or precursor to such pollutant; precursors identified by the administrator for purposes of NSR are the following: 

(a) volatile organic compounds and nitrogen 

oxides are precursors to ozone in all attainment and unclassifiable areas; 

(b) sulfur dioxide is a precursor to PM2.5.in 

all attainment and unclassifiable areas; 

(c) nitrogen oxides are presumed to be 

precursors to PM2.5 in all attainment and 

unclassifiable areas, unless the state demonstrates to the administrator's 

No Change No change to the existing 

The January 8, 2013, SIP revisions to the definition Pollutant” at 20.2.74.7(AEPA notes that the currenof the condensables languNMAC is more stringent at 40 CFR 51.166(b)(49)(revisions to the condensa25, 2012, that removed an particulate matter in the dcondensable PM fraction
36

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area's ambient PM2.5 concentrations; 

(d) volatile organic compounds are 

presumed not to be precursors to PM2.5 in 

any attainment or unclassifiable area, unless the state demonstrates to the administrator's satisfaction or EPA demonstrates that emissions of volatile organic compounds from sources in a specific area are a significant contributor to that area's ambient PM2.5

concentrations; 

(2) any pollutant that is subject to any standard 

promulgated under Section 111 of the act; 

(3) any class I or II substance subject to a 

standard promulgated under or established by title VI of the act; or 

(4) any pollutant that otherwise is subject to 

regulation under the act as defined in Subsection AZ of this section; 

(5) notwithstanding Paragraphs (1) through (4) 

of Subsection AS of this section, the term "regulated NSR pollutant" shall not include any or all hazardous air pollutants either listed in Section 112 of the act, or added to the list pursuant to Section 112(b)(2) of the act, and which have not been delisted pursuant to Section 112(b)(3) of the act, unless the listed hazardous air pollutant is also regulated as a constituent or precursor of a general pollutant listed under Section 108 of the act; 
37

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

(6) Particulate matter (PM) emissions, PM2.5

emissions, and PM10 emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures; on or after January 1, 2011, such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM, PM2.5 and PMl0 in PSD permits; 

compliance with emissions limitations for PM, PM2.5 and PM10 issued prior to this 

date shall not be based on condensable particulate matter unless required by the terms and conditions of the permit or the applicable implementation plan; applicability determinations made prior to this date without accounting for condensable particular matter shall not be considered in violation of this section unless the applicable implementation plan required condensable particular matter to be included. 

AT. “Replacement unit” means an emission unit for 

which all of the following criteria are met. No creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced. (1) The emissions unit is a reconstructed unit 

within the meaning of 40 CFR 60.15(b)(1), or the emissions unit completely takes the place of an existing emissions unit. 

(2) The emissions unit is identical to or 

functionally equivalent to the replaced 

No Change No change to the existing 
38

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

emissions unit. 

(3) The replacement unit does not change the 

basic design parameter(s) of the process unit. 

(4) The replaced emissions unit is 

permanently removed from the major stationary source, otherwise permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter. If the replaced emissions unit is brought back into operation, it shall constitute a new emissions unit. 

(5) Notwithstanding Paragraphs (1) through 

(4) of Subsection AS of this section, the term "regulated NSR pollutant" shall not include any or all hazardous air pollutants either listed in Section 112 of the act, or added to the list pursuant to Section 112(b)(2) of the act, and which have not been delisted pursuant to Section 112(b)(3) of the act, unless the listed hazardous air pollutant is also regulated as a constituent or precursor of a general pollutant listed under Section 108 of the act; 

AU.“Secondary emissions” means emissions which 

occur as a result of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself.  For the purpose of this section, secondary emissions must be specific, well defined, quantifiable, and impact the same general areas as the stationary source or modification which 

No Change No change to the existing 
39

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

causes the secondary emissions. Secondary emissions include emissions from any offsite support facility which would not be constructed or increase its emissions except as a result of the construction or operation of the major stationary source or major modification.  Secondary emissions do not include any emissions which come directly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel. 

AV.“Secretary” means the cabinet level secretary 

of the New Mexico environment department or his or her successor. 

No Change No change to the existing 

AW. “Significant” means in reference to a net 

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

No Change No change to the existing 

AX.“Significant emissions increase” means, for a 

regulated new source review pollutant, an increase in emissions that is significant (as defined in Subsection AV of this section) for that pollutant. 

No Change No change to the existing 

AY.“Stationary source” means any building, 

structure, facility, or installation which emits, or may emit, any regulated new source review pollutant. 

No Change No change to the existing 

AZ. “Subject to regulation” means, for any air 

pollutant, that the pollutant is subject to either a provision in the act, or a nationallyapplicable regulation codified by the administrator in subchapter C of 40 CFR Chapter I, that requires actual control of the quantity of emissions of that pollutant, and that such a control requirement has taken effect and 

AZ. “Subject to regulation” means, for any air 

pollutant, that the pollutant is subject to either a provision in the act, or a nationallyapplicable regulation codified by the administrator in subchapter C of 40 CFR Chapter I, that requires actual control of the quantity of emissions of that pollutant, and that such a control requirement has taken effect and 

Analysis of the GHG Bio

The revisions to the definregulation” at 20.2.74.7(Asubmitted by NMED on Jadopt and implement the 20, 2011 GHG Biomass D
40

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

is operative to control, limit or restrict the quantity of emissions of that pollutant released from the regulated activity. Except that: (1) "greenhouse gases (GHGs)" shall not be 

subject to regulation except as provided in paragraphs 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 of GHGs emitted, and shall be computed as follows: (a) multiplying the mass amount of 

emissions (tons per year), for each of the six greenhouse gases in the pollutant GHGs, by the gas's associated global warming potential published at table A-1 to subpart A of 40 CFR part 98 - Global Warming Potentials; 

(b) sum the resultant value from 

Subparagraph (a) of Paragraph (2) of Subsection AZ of this section for each gas to compute a tons per year CO2e; 

(3) the term "emissions increase" as used in 

Paragraphs (4) and (5) of Subsection AZ of this section shall mean that both a significant emissions increase (as calculated using the procedures in Subsection D of 20.2.74.200 NMAC) and a significant net emissions increase (as defined in Subsections AL, AW and AX of 20.2.74.7 NMAC) occur; for the pollutant GHGs, an emissions increase shall be based on tons per year CO2e, and 

is operative to control, limit or restrict the quantity of emissions of that pollutant released from the regulated activity. Except that: 

(1) "greenhouse gases (GHGs)" shall not be 

subject to regulation except as provided in paragraphs AZ(4) and (5) of this section and shall not be subject to 

regulation if the stationary source maintains its total source wide emissions below the GHG PAL level, meets the requirements in 20.2.74.320 NMAC, and complies with the PAL permit containing the GHG PAL; 

(2) for purposes of Paragraphs (3) through (5) 

of Subsection AZ of this section, the term "tons per year CO2 CO2equivalent 

emissions (CO2e) (CO2e)" shall represent 

an amount of GHGs emitted, and shall be computed as follows: (a) multiplying the mass amount of 

emissions (tons per year), for each of the six greenhouse gases in the pollutant GHGs, by the gas's associated global warming potential published at table A-1 to subpart A of 40 CFR part 98 - Global Warming Potentials; for purposes of this 

subparagraph, prior to July 21, 2014, the mass of the greenhouse gas carbon dioxide shall not include carbon dioxide emissions resulting from the combustion or decomposition of nonfossilized and biodegradable organic material originating from plants, animals or microorganisms (including 

On July 12, 2013, the D.Cdecision to vacateEPA’s Biomass Deferral. At this action on thesubmitted prGHG Biomass Deferral aNMAC. EPA is severing and takinsubmitted revision to the regulation”. The SIP-appr20.2.74(AZ)(2)(a) will reJanuary 22, 2013. Analysis of the GHG PAL 

EPA finalized the GHG Pof the GHG Tailoring Ruat 77 FR 41051. The adopprovisions is not a requireprogram; therefore EPA d40 CFR 51.166 in this finrevised 40 CFR 52.21 and adopt comparable PAL prSIP. New Mexico has adorevisions to the NM SIP tpermitting, accordingly Erevisions against the fede52.21. The revisions to the definregulation” at 20.2.74.7(Aby the NMED on January the New Mexico SIP are requirements found at 40 requirements of 40 CFR 5
41

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, and "significant" is defined as 75,000 tons per year CO2e instead of applying the value in table 2 of 20.2.74 NMAC; 

(4) beginning January 2, 2011, the pollutant 

GHGs is subject to regulation if: (a) the stationary source is a new major 

stationary source for a regulated NSR pollutant that is not GHGs, and also will emit or will have the potential to emit 75,000 tons per year CO2e or more; or 

(b) the stationary source is an existing 

major stationary source for a regulated NSR pollutant that is not GHGs, and also will have an emissions increase of a regulated NSR pollutant that is not GHGs, and also will have an emissions increase of 75,000 tons per year CO2e or more; and 

(5) beginning July 1, 2011, in addition to the 

provisions in Paragraph (4) of this subsection, the pollutant GHGs shall also be subject to regulation: (a) at a new stationary source that will 

emit or have the potential to emit 100,000 tons per year CO2e; or 

(b) at an existing stationary source that 

emits of has the potential to emit 100,000 tons per year CO2e, when such stationary source undertakes a physical change or change in the method of operation that will result in 

products, by-products, residues and 

waste from agriculture, forestry and related industries as well as the nonfossilized and biodegradable organic fractions of industrial and municipal wastes, including gases and liquids recovered from the decomposition of non-fossilized and biodegradable organic material);

(b) sum the resultant value from 

Subparagraph (a) of Paragraph (2) of Subsection AZ of this section for each gas to compute a tons per year CO2e

CO2e; 

(3) the term "emissions increase" as used in 

Paragraphs (4) and (5) of Subsection AZ of this section shall mean that both a significant emissions increase (as calculated using the procedures in Subsection D of 20.2.74.200 NMAC) and a significant net emissions increase (as defined in Subsections AL, AW and AX of 20.2.74.7 NMAC) occur; for the pollutant GHGs, an emissions increase shall be based on tons per year CO2e

CO2e, and shall be calculated assuming 

the pollutant GHGs is a regulated NSR pollutant, and "significant" is defined as 75,000 tons per year CO2e CO2e instead 

of applying the value in table 2 of 20.2.74 NMAC; 

(4) beginning January 2, 2011, the pollutant 

GHGs is subject to regulation if: (a) the stationary source is a new major 

stationary source for a regulated NSR 

provided below for comp

Greenhouse gaspollutant defined this chapter as thgreenhouse gaseoxide, methane, perfluorocarbonshall not be subjprovided in para(v) of this sectioto regulation if tmaintains its totabelow the GHG requirements in (15) of this sectiPAL permit con

The revisions to 20.2.74.7implement the GHG PAL approvable. The NMED also adopted substantive revisions to thregulation” to correct sub20.2.74.7(AZ)(1), (2), (2)approvable. 
42

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

an emissions increase of 75,000 tons per year CO2e or more; 

(6) if a federal court stays, invalidates or 

otherwise renders unenforceable by the US EPA, in whole or in part, the prevention of significant deterioration and Title V greenhouse gas tailoring rule (75 FR 31514, June 3, 2010), the definition "subject to regulation" shall be enforceable by the department only to the extent that it is enforceable by US EPA. 

pollutant that is not GHGs, and also will emit or will have the potential to emit 75,000 tons per year CO2e CO2e

or more; or 

(b) the stationary source is an existing 

major stationary source for a regulated NSR pollutant that is not GHGs, and also will have an emissions increase of a regulated NSR pollutant that is not GHGs, and also will have an emissions increase of 75,000 tons per year CO2e CO2e or 

more; and 

(5) beginning July 1, 2011, in addition to the 

provisions in Paragraph (4) of this subsection, the pollutant GHGs shall also be subject to regulation: (a) at a new stationary source that will 

emit or have the potential to emit 100,000 tons per year CO2e CO2e; or 

(b) at an existing stationary source that 

emits of has the potential to emit 100,000 tons per year CO2e CO2e, 

when such stationary source undertakes a physical change or change in the method of operation that will result in an emissions increase of 75,000 tons per year CO2e

CO2e or more; 

(6) if a federal court stays, invalidates or 

otherwise renders unenforceable by the US EPA, in whole or in part, the prevention of significant deterioration and Title V greenhouse gas tailoring rule (75 FR 31514, June 3, 2010), the definition 
43

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

"subject to regulation" shall be enforceable by the department only to the extent that it is enforceable by US EPA. 

BA. “Temporary source” means a stationary source 

which changes its location or ceases to exist within two years from the date of initial start of operations. 

No Change No change to the existing 

BB. “Visibility impairment” means any humanly 

perceptible change in visibility (visual range, contrast, coloration) from that which would have existed under natural conditions. 

No Change No change to the existing 

BC. “Volatile organic compound (VOC)” means 

any organic compound which participates in atmospheric photochemical reactions; that is, any organic compound other than those which the administrator designates as having negligible photochemical reactivity. 

No Change No change to the existing 

20.2.74.320 ACTUALS PLANTWIDE APPLICABILITY LIMITS (PALs) 

20.2.74.320 ACTUALS PLANTWIDE APPLICABILITY LIMITS (PALs) 

No change to the existing 

A. Applicability No change No change to the existing 

(1) The department may approve the use of an 

actuals PAL for any existing major stationary source if the PAL meets the requirements in this section. The term “PAL” shall mean “actuals PAL” throughout this section. 

(1) The department may approve the use of an 

actuals PAL, including for GHGs on either a 

mass basis or a CO2e basis, for any existing 

major stationary source or any other existing 

GHG-only source if the PAL meets the 

requirements in this section. The term “PAL” shall mean “actuals PAL” throughout this section. 

EPA finalized the GHG Pof the GHG Tailoring Ruat 77 FR 41051. The GHprovisions were promulg52.21(aa)(1)(i) as follows

The Administratan actuals PAL, either a mass ba

any existing majany existing GHmeets the requir(aa)(1) through (term “PAL” shathroughout parag
44

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

The revisions to 20.2.74.3substantively identical to permitting requirements aThese revisions are appro

(2) Any physical change in or change in the 

method of operation of a major stationary source that maintains its total source-wide emissions below the PAL level, meets the requirements of this section, and complies with the PAL permit: 

(2) Any physical change in or change in the 

method of operation of a major stationary source or a GHG-only source that maintains 

its total source-wide emissions below the PAL level, meets the requirements of this section, and complies with the PAL permit: 

EPA finalized the GHG Pof the GHG Tailoring Ruat 77 FR 41051. The GHprovisions were promulga52.21(aa))(1)(ii) as follow

Any physical chmethod of operasource or a GHGmaintains its totabelow the PAL lrequirements in (15) of this sectiPAL permit: 

The revisions to 20.2.74.3substantively identical to permitting requirements aThese revisions are appro

(a) is not a major modification for the PAL 

pollutant; 

No change No change to the existing 

(b) does not have to be approved through the 

requirements of this part; and 

No change No change to the existing 

(c) is not subject to the provisions in 

Subsection D of 20.2.74.300 NMAC (restrictions on relaxing enforceable emission limitations that the major stationary source used to avoid 

No change No change to the existing 
45

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

applicability of the major new source review program). 

No comparable provision in existing SIP (d)does not make GHGs subject to regulation 

as defined by Subsection AZ of 20.2.74.7 NMAC.

EPA finalized the GHG Pof the GHG Tailoring Ruat 77 FR 41051. The GHprovisions were promulga52.21(aa))(1)(ii)(d) as fol

Does not make Gas defined by pasection. 

The revisions to 20.2.74.3substantively identical to permitting requirements a52.21(aa)(1)(ii)(d). These revisions are appro

(3) Except as provided under Subparagraph (c) 

of Paragraph (1) of this subsection, a major stationary source shall continue to comply with all applicable federal or state requirements, emission limitations, and work practice requirements that were established prior to the effective date of the PAL. 

(3) Except as provided under Subparagraph (c) 

of Paragraph (2) of this subsection, a major stationary source or a GHG-only source shall 

continue to comply with all applicable federal or state requirements, emission limitations, and work practice requirements that were established prior to the effective date of the PAL. 

EPA finalized the GHG Pof the GHG Tailoring Ruat 77 FR 41051. The GHprovisions were promulga52.21(aa))(1)(iii) as follo

Except as provid(aa)(1)(ii)(c) of t

stationary source shall continue to applicable Federemission limitatirequirements thathe effective dat

The revisions to 20.2.74.3substantively identical to 
46

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

permitting requirements a52.21(aa)(1)(iii). These revisions are appro

B. Definitions applicable to this section No change No change to the existing 

(1) Actuals PAL for a major stationary source 

means a PAL based on the baseline actual emissions (as defined in 20.2.74.7 NMAC) of all emissions units (as defined in 20.2.74.7 NMAC) at the source, that emit or have the potential to emit the PAL pollutant. 

(1) Actuals PAL for a major stationary source 

means a PAL based on the baseline actual emissions (as defined in 20.2.74.7 NMAC) of all emissions units (as defined in 20.2.74.7 NMAC) at the source, that emit or have the potential to emit the PAL pollutant. For a 

GHG-only source, “actual PAL” means a PAL based on the baseline actual emissions (as defined in Paragraph (13) of this subsection) of all emissions units (as defined in Paragraph (14) of this subsection at the source, that emit or have the potential to emit GHGs.

EPA finalized the GHG Pof the GHG Tailoring Ruat 77 FR 41051. The GHpromulgated at 40 CFR 5

(i) Actuals PAL source means a Pactual emissions (b)(48) of this seunits (as defined this section) at thhave the potentiapollutant. For a G

PAL means a PAactual emissions (aa)(2)(xiii) of themissions units ((aa)(2)(xiv) of ththat emit or have GHGs. 

The revisions to the defin20.2.74.320(B)(1) NMAC identical to the federal GHdefinition of “Actuals PA52.21(aa)(2)(i). These revisions are appro

(2) Allowable emissions means “allowable 

emissions” as defined in 20.2.74.7 

No change No change to the existing 
47

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

NMAC, except as this definition is modified in accordance with the following. (a) The allowable emissions for any 

emissions unit shall be calculated considering any emission limitations that are enforceable as a practical matter on the emissions unit's potential to emit. 

No change No change to the existing 

(b) An emissions unit's potential to 

emit shall be determined using the definition in 20.2.74.7 NMAC, except that the words “or enforceable as a practical matter” should be added after “federally enforceable”. 

No change No change to the existing 

(3) Small emissions unit means an emissions 

unit that emits or has the potential to emit the PAL pollutant in an amount less than the significant level for that PAL pollutant, as defined in Subsection AW of 20.2.74.7 NMAC or in the act, whichever is lower. 

(3) Small emissions unit means an emissions unit 

that emits or has the potential to emit the PAL pollutant in an amount less than the significant level for that PAL pollutant, as defined in Subsection AW of 20.2.74.7 NMAC or in the act, whichever is lower. For 

a GHG PAL issued on a CO2e basis, “small emissions unit” means an emissions unit that emits or has the potential to emit less than the amount of GHGs on a CO2e basis defined as “significant” for the purposes of Paragraph (3) of Subsection AZ of 20.2.74.7 NMAC at the time the PAL permit is being issued.

EPA finalized the GHG Pof the GHG Tailoring Ruat 77 FR 41051. The GHpromulgated at 40 CFR 5

(iii) Small emiss

emissions unit thpotential to emit amount less than that PAL pollutaparagraph (b)(23Act, whichever iissued on a CO2unit means an emhas the potential amount of GHGas ‘‘significant’’ paragraph (b)(49time the PAL pe

The revisions to the defin
48

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

Unit” at 20.2.74.320(B)(3substantively identical to permitting definition of “40 CFR 52.21(aa)(2)(iii). These revisions are appro

(4) Major emissions unit means No change No change to the existing 

(a) Any emission unit that emits or has the 

potential to emit 100 tons per year or more of the PAL pollutant in an attainment area; or 

No change No change to the existing 

(b) Any emissions unit that emits or has the 

potential to emit the PAL pollutant in an amount that is equal to or greater than the major source threshold for the PAL pollutant as defined by the act for nonattainment areas; for example, in accordance with the definition of major stationary source in Section 182(c) of the act, an emissions unit would be a major emissions unit for VOC if the emissions unit is located in a serious ozone nonattainment area and it emits or has the potential to emit 50 or more tons of VOC per year 

(b) Any emissions unit that emits or has the 

potential to emit the PAL pollutant in an amount that is equal to or greater than the major source threshold for the PAL pollutant as defined by the act for nonattainment areas; for example, in accordance with the definition of major stationary source in Section 182(c) of the act, an emissions unit would be a major emissions unit for VOC if the emissions unit is located in a serious ozone nonattainment area and it emits or has the potential to emit 50 or more tons of VOC per year;

Non-substantive change tapproved language. These revisions are appro

No comparable provision in existing SIP (c) For a GHG PAL issued on a CO2e basis, 

any emissions unit that emits or has the potential to emit equal to or greater than the amount of GHGs on a CO2e basis that would be sufficient for a new source to trigger permitting requirements under Subsection AZ of 20.2.74.7 NMAC at the time the PAL permit is being issued.

EPA finalized the GHG Pof the GHG Tailoring Ruat 77 FR 41051. The GHpromulgated at 40 CFR 5

(iv)(c) For a GHbasis, any emissthe potential to ethan the amount that would be su
49

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

to trigger permitparagraph (b)(49time the PAL pe

The revisions to the definUnit” at 20.2.74.320(B)(4substantively identical to permitting definition of “40 CFR 52.21(aa)(2)(iv)(These revisions are appro

(5) Plantwide applicability limitation (PAL) 

means an emission limitation expressed in tons per year, for a pollutant at a major stationary source, that is enforceable as a practical matter and established sourcewide in accordance with this section. 

(5) Plantwide applicability limitation (PAL) 

means an emission limitation expressed on 

a mass basis in tons per year, or expressed in tons per year CO2e for a CO2e-based GHG emission limitation, for a pollutant at 

a major stationary source of GHG-only 

source, that is enforceable as a practical 

matter and established source-wide in accordance with this section. 

EPA finalized the GHG Pof the GHG Tailoring Ruat 77 FR 41051. The GHpromulgated at 40 CFR 5

(v) Plantwide ap(PAL) means an expressed on a mor expressed in tCO2e-based GHa pollutant at a mGHG-only sourcpractical matter wide in accordan(aa)(1) through (

The revisions to the definapplicability unit” at 20.2substantively identical to permitting definition of “Unit” at 40 CFR 52.21(aaThese revisions are appro

(6) PAL effective date generally means the No change No change to the existing 
50

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

date of issuance of the PAL permit.  However, the PAL effective date for an increased PAL is the date any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant. 

(7) PAL effective period means the period 

beginning with the PAL effective date and ending 10 years later. 

No change No change to the existing 

(8) PAL major modification means, 

notwithstanding the definitions for major modification and net emissions increase in 20.2.74.7 NMAC, any physical change in or change in the method of operation of the PAL source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL. 

(8) PAL major modification means, 

notwithstanding the definitions for major modification and , net emissions increase, 

and subject to regulation in 20.2.74.7 

NMAC, any physical change in or change in the method of operation of the PAL source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL. 

EPA finalized the GHG Pof the GHG Tailoring Ruat 77 FR 41051. The GHpromulgated at 40 CFR 5

(viii) PAL major notwithstanding and (b)(49) of thfor major modifiincrease, and subphysical change method of operathat causes it to a level equal to o

The revisions to the definmodification” at 20.2.74.substantively identical to permitting definition of “at 40 CFR 52.21(aa)(2)(vThese revisions are appro

(9) PAL permit means the major new source 

review permit, the minor new source review permit, or the state operating permit under a program that is approved 

(9) PAL permit means the major new source 

review permit, the minor new source review permit, or the state operating permit under a program that is approved into the 

EPA finalized the GHG Pof the GHG Tailoring Ruat 77 FR 41051. The GHpromulgated at 40 CFR 5
51

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

into the plan, or the title V permit issued by the department that establishes a PAL for a major stationary source. 

plan, or the title V permit issued by the department that establishes a PAL for a major stationary source or a GHG-only 

source. 

(ix) PAL permit permit, the minooperating permit approved into thPlan, or the title Administrator thmajor stationary source. 

The revisions to the defin20.2.74.320(B)(9) NMAC identical to the federal GHdefinition of “PAL Permi52.21(aa)(2)(ix). These revisions are appro

(10)PAL pollutant means the pollutant for 

which a PAL is established at a major stationary source. 

(10)PAL pollutant means the pollutant for 

which a PAL is established at a major stationary source or a GHG-only source. 

For a GHG-only source, the only available PAL pollutant is greenhouse gases. 

EPA finalized the GHG Pof the GHG Tailoring Ruat 77 FR 41051. The GHpromulgated at 40 CFR 5

(x) PAL pollutanwhich a PAL is stationary source For a GHG-only PAL pollutant is 

The revisions to the definat 20.2.74.320(B)(10) NMidentical to the federal GHdefinition of “PAL Pollut52.21(aa)(2)(x). These revisions are appro
52

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

(11)Significant emissions unit means an 

emissions unit that emits or has the potential to emit a PAL pollutant in an amount that is equal to or greater than the significant level (as defined in Subsection AV of 20.2.74.7 NMAC or in the act, whichever is lower) for that PAL pollutant, but less than the amount that would qualify the unit as a major emissions unit as defined in Paragraph (4) of this subsection. 

(11)Significant emissions unit means an 

emissions unit that emits or has the potential to emit a PAL pollutant in an amount that is equal to or greater than the significant level (as defined in Subsection AW of 20.2.74.7 NMAC or in the act, whichever is lower) for that PAL pollutant, but less than the amount that would qualify the unit as a major emissions unit as defined in Paragraph (4) of this subsection. For a GHG PAL issued 

on a CO2e basis, “significant emissions unit” means any emissions unit that emits or has the potential to emit GHGs on a CO2e basis in amounts equal to or greater than the amount that would qualify the unit as a small emissions unit as defined in Paragraph (3) of this subsection, but less than the amount that would quality the unit as a major emissions unit as defined in Subparagraph (c) of Paragraph (4) of this subsection.

EPA finalized the GHG Pof the GHG Tailoring Ruat 77 FR 41051. The GHpromulgated at 40 CFR 5

(xi) Significant e

emissions unit thpotential to emit amount that is eqsignificant level (b)(23) of this sewhichever is lowpollutant, but leswould qualify themissions unit a(aa)(2)(iv) of thiissued on a CO2emissions unit m

that emits or has GHGs on a CO2to or greater than qualify the unit adefined in paragsection, but less would qualify themissions unit a(aa)(2)(iv)(c) of 

The revisions to the definEmissions Unit” at 20.2.7substantively identical to permitting definition of “Unit” at 40 CFR 52.21(aaThese revisions are appro
53

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

No comparable provision in existing SIP (12)GHG-only source means any existing 

stationary source that emits or has the potential to emit GHGs in the amount equal to or greater than the amount of GHGs on a mass basis that would be sufficient for a new source to trigger permitting requirements for GHGs under Subsection AG of 20.2.74.7 NMAC and the amount of GHGs on a CO2e basis that would be sufficient for a new source to trigger permitting requirements for GHGs under Subsection AZ of 20.2.74.7 NMAC at the time the PAL permit is being issued, but does not emit or have the potential to emit any other non-GHG regulated new source review pollutant at or above the applicable major source threshold. A GHG-only source may only obtain a PAL for GHG emissions under 20.2.74.320 NMAC.

EPA finalized the GHG Pof the GHG Tailoring Ruat 77 FR 41051. The GHpromulgated at 40 CFR 5

(xii) GHG-only stationary source potential to emit equal to or greatGHGs on a mass sufficient for a npermitting requiparagraph (b)(1) amount of GHGwould be sufficitrigger permittinunder paragraph the time the PAL but does not emiemit any other npollutant at or absource thresholdonly obtain a PAunder paragraph 

The new definition of “G20.2.74.320(B)(12) NMAidentical to the federal GHdefinition of “GHG-only 52.21(aa)(2)(xii). These revisions are appro

No comparable provision in existing SIP (13)Baseline actual emissions for a GHG PAL 

means the average rate, in tons per year CO2e or tons per year GHG, as applicable, 

EPA finalized the GHG Pof the GHG Tailoring Ruat 77 FR 41051. The GH
54

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

at which the emissions unit actually emitted GHGs during any consecutive 24-month period selected by the owner or operator within the 10-year period immediately preceding either the date the owner or operator begins actual construction of the project, or the date a complete permit application is received by the department for a permit required under this section or by the department for a permit required by a plan, whichever is earlier. For any existing electric utility steam generating unit, “baseline actual emissions” for a GHG PAL means the average rate, in tons per year CO2e or tons per year GHG, as applicable, at which the emissions unit actually emitted the GHGs during any consecutive 24-month period selected by the owner or operator within the 5 year period immediately preceding either the date the owner or operator begins actual construction of the project, except that the department shall allow the use of a different time period upon a determination that it is more representative of normal source operation.

a) The average rate shall include 

fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions.

b) The average rate shall be adjusted 

downward to exclude any noncompliant emissions that occurred while the source was 

promulgated at 40 CFR 5

(xiii) Baseline actua

PAL means the averCO2e or tons per yewhich the emissions GHGs during any coperiod selected by thwithin the 10-year pepreceding either the begins actual construdate a complete permby the Administrator under this section or authority for a permiwhichever is earlier. utility steam generatemissions for a GHG rate, in tons per year GHG, as applicable, unit actually emitted consecutive 24-montowner or operator wimmediately precediowner or operator beof the project, excepshall allow the use oupon a determination representative of nor

(a) The averafugitive emissquantifiable, awith startups, malfunctions. (b) The avera
55

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

operating above an emission limitation that was legally enforceable during the consecutive 24-month period.

c) The average rate shall be adjusted 

downward to exclude any emissions that would have exceeded an emissions limitation with which the stationary source must currently comply, had such stationary source been required to comply with such limitations during the consecutive 24-month period.

d) The average rate shall not be 

based on any consecutive 24-month period for which there is inadequate information for determining annual GHG emissions and for adjusting this amount if required by Subparagraphs (b) and (c) of Paragraph (13) of this subsection.

downward to emissions thasource was oplimitation that during the conperiod. (c) The averagdownward to that would halimitation witsource must cstationary soucomply with sconsecutive 2(d) The averaon any consecwhich there is for determininand for adjustby paragraphs this section. 

The new definition of “Bat 20.2.74.320(B)(13) NMidentical to the federal GHdefinition of “Baseline ac52.21(aa)(2)(xiii). These revisions are appro

No comparable provision in existing SIP (14)Emissions unit with respect to GHGs 

means any part of a stationary source that emits or has the potential to emit GHGs. For purposes of this section, there are two types of emissions units as describted in the following:

EPA finalized the GHG Pof the GHG Tailoring Ruat 77 FR 41051. The GHpromulgated at 40 CFR 5

(xiv) Emissions unit 
56

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

a) A new emissions unit is any 

emission unit that is (or will be) newly constructed ant that has existed for less than 2 years from the date such emission unit first operated.

b) An existing emissions unit is any 

emissions unit that does not meet the requirements in subparagraph (a) of this paragraph.

means any part of a emits or has the potepurposes of this sectemissions units as de

(a) A new emissunit that is (or wand that has exisfrom the date suoperated. (b) An existing eemissions unit threquirements in of this section. 

The new definition of “Emto GHGs” at 20.2.74.320substantively identical to permitting definition of “respect to GHGs” at 40 CThese revisions are appro

No comparable provision in existing SIP (15)Minor source means any stationary source 

that does not meet the definition of major stationary source in Subsection AG of 20.2.74.7 NMAC for any pollutant at the time the PAL is issued.

EPA finalized the GHG Pof the GHG Tailoring Ruat 77 FR 41051. The GHpromulgated at 40 CFR 5

(xv) Minor sour

source that does major stationary (b)(1) of this secthe time the PAL 

The new definition of “M20.2.74.320(B)(15) NMAidentical to the federal GH
57

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

definition of “Minor Sour52.21(aa)(2)(xv). These revisions are appro

C. Permit Application Requirements. As part of a permit application requesting a PAL, the owner or operator of a major stationary source shall submit the following information to the department for approval. 

C. Permit Application Requirements. As part of a permit application requesting a PAL, the owner or operator of a major stationary source or a GHGonly source shall submit the following information 

to the department for approval. 

EPA finalized the GHG Pof the GHG Tailoring Ruat 77 FR 41051. The GHrequirements were promu52.21(aa)(3) as follows: 

(3) Permit appli

part of a permit PAL, the owner stationary source shall submit the the Administrato

The revisions to the PAL requirements at 20.2.74.3substantively identical to permit application require52.21(aa)(3). These revisions are appro

(1) A list of all emissions units at the source 

designated as small, significant or major based on their potential to emit. In addition, the owner or operator of the source shall indicate which, if any, federal or state applicable requirements, emission limitations, or work practices apply to each unit. 

No change No change to the existing 

(2) Calculations of the baseline actual 

emissions (with supporting documentation).  Baseline actual emissions are to include emissions associated not only with operation of 

No change No change to the existing 
58

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

the unit, but also emissions associated with startup, shutdown, and malfunction. 

(3) The calculation procedures that the major 

stationary source owner or operator proposes to use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total for each month as required by Subsection M of this section. 

No change No change to the existing 

No comparable provision in existing SIP (4) As part of a permit application requesting 

a GHG PAL, the owner or operator of a major stationary source or a GHG-only source shall submit a statement by the source owner or operator that clarifies whether the source is an existing major source as definied in Paragraphs (1) and (2) of Subsection AG of 20.2.74.7 NMAC or a GHG-only source as defined in Paragraph (12) of Subsection B of this subsection.

EPA finalized the GHG Pof the GHG Tailoring Ruat 77 FR 41051. The GHrequirements were promu52.21(aa)(3) as follows: 

(iv) As part of a requesting a GHoperator of a maGHG-only sourcby the source owclarifies whether major source as (b)(1)(i)(a) and GHG-only sourc(aa)(2)(xii) of th

The new provisions in the requirements at 20.2.74.3

substantively identical to permit application require52.21(aa)(3)(iv). These revisions are appro

D. General requirements for establishing PALs No change No change to the existing (1) The department may establish a PAL at a 

major stationary source, provided that at a 

(1) The department may establish a PAL at a major 

stationary source or a GHG-only source, 

EPA finalized the GHG Pof the GHG Tailoring Ru
59

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

minimum, the following requirements are met. provided that at a minimum, the following 

requirements are met. 

at 77 FR 41051. The reqGHG PALs were promul52.21(aa)(4) as follows: 

(i) The Adminisestablish a PAL source or a GHGthat at a minimuparagraphs (aa)(section are met. 

The revisions to the geneestablishing PALs at 20.2substantively identical to permit application require52.21(aa)(4)(i). These revisions are appro

a) The PAL shall impose an annual emission 

limitation in tons per year, that is enforceable as a practical matter, for the entire major stationary source. For each month during the PAL effective period after the first 12 months of establishing a PAL, the major stationary source owner or operator shall show that the sum of the monthly emissions from each emissions unit under the PAL for the previous 12 consecutive months is less than the PAL (a 12-month average, rolled monthly). For each month during the first 11 months from the PAL effective date, the major stationary source owner or operator shall show that the sum of the preceding monthly emissions from the PAL effective 

a) The PAL shall impose an annual emission 

limitation expressed on a mass basis in tons 

per year, or expressed in tons per year 

CO2e, that is enforceable as a practical 

matter, for the entire major stationary source or GHG-only source. For each 

month during the PAL effective period after the first 12 months of establishing a PAL, the major stationary source or GHGonly source owner or operator shall show 

that the sum of the monthly emissions from each emissions unit under the PAL for the previous 12 consecutive months is less than the PAL (a 12-month average, rolled monthly). For each month during the first 11 months from the PAL effective date, the major stationary source or GHG-only 

EPA finalized the GHG Pof the GHG Tailoring Ruat 77 FR 41051. The reqGHG PALs were promul52.21(aa)(4) as follows: 

(i)(a) The PAL semission limitatibasis in tons per per year CO2e, tpractical matter, stationary source 

each month duriperiod after the festablishing a PAsource or GHG-operator shall sh
60

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

date for each emissions unit under the PAL is less than the PAL. 

source owner or operator shall show that 

the sum of the preceding monthly emissions from the PAL effective date for each emissions unit under the PAL is less than the PAL. 

monthly emissiounit under the PAconsecutive mon12-month averageach month durifrom the PAL efstationary source owner or operatoof the preceding the PAL effectivunit under the PA

The revisions to the geneestablishing PALs at 20.2are substantively identicapermit application require52.21(aa)(4)(i)(a). These revisions are appro

b) The PAL shall be established in a PAL 

permit that meets the public participation requirements in Subsection E of this section. 

No change No change to the existing 

c) The PAL permit shall contain all the 

requirements of Subsection G of this section. 

No change No change to the existing 

d) The PAL shall include fugitive emissions, 

to the extent quantifiable, from all emissions units that emit or have the potential to emit the PAL pollutant at the major stationary source. 

d) The PAL shall include fugitive emissions, 

to the extent quantifiable, from all emissions units that emit or have the potential to emit the PAL pollutant at the major stationary source or GHG-only 

source. 

e) Each PAL shall regulate emissions of only 

one pollutant. 

No change No change to the existing 

f) Each PAL shall have a PAL effective No change No change to the existing 
61

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Analysis and Evaluation Federal Requirements 

period of 10 years. 

g) The owner or operator of the major 

stationary source with a PAL shall comply with the monitoring, recordkeeping, and reporting requirements provided in Subsections L through N of this section for each emissions unit under the PAL through the PAL effective period. 

g) The owner or operator of the major 

stationary source or GHG-only source with 

a PAL shall comply with the monitoring, recordkeeping, and reporting requirements provided in Subsections L through N of this section for each emissions unit under the PAL through the PAL effective period. 

EPA finalized the GHG Pof the GHG Tailoring Ruat 77 FR 41051. The reqGHG PALs were promul52.21(aa)(4) as follows: 

(i)(g) The owner stationary source with a PAL shalmonitoring, recorequirements pro(aa)(12) through each emissions uthrough the PAL 

The revisions to the geneestablishing PALs at 20.2are substantively identicapermit application require52.21(aa)(4)(i)(g). These revisions are appro

(2) At no time (during or after the PAL effective 

period) are emissions reductions of a PAL pollutant that occur during the PAL effective period creditable as decreases for purposes of offsets under 40 CFR 51.165(a)(3)(ii) unless the level of the PAL is reduced by the amount of such emissions reductions and such reductions would be creditable in the absence of the PAL. 

No change No change to the existing 

E. Public participation requirements for PALs. PALs for existing major stationary sources shall be established, renewed, or increased, through a 

E. Public participation requirements for PALs. PALs for existing major stationary sources or 

GHG-only sources shall be established, renewed, or 

EPA finalized the GHG Pof the GHG Tailoring Ruat 77 FR 41051. The req
62

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

procedure that is consistent with 40 CFR 51.160 and 161. This includes the requirement that the department provide the public with notice of the proposed approval of a PAL permit and at least a 30-day period for submittal of public comment.  The department must address all material comments before taking final action on the permit. 

increased, through a procedure that is consistent with 40 CFR 51.160 and 161. This includes the requirement that the department provide the public with notice of the proposed approval of a PAL permit and at least a 30-day period for submittal of public comment. The department must address all material comments before taking final action on the permit. 

GHG PALs were promul52.21(aa)(5) as follows: 

(5) Public particPALs. PALs for sources or GHGestablished, renea procedure that 51.160 and 51.1includes the requAdministrator prnotice of the propermit and at leasubmittal of pubAdministrator mcomments beforpermit. 

The revisions to the publirequirements for PALs at are substantively identicapublic participation requi52.21(aa)(5). These revisions are appro

F. Setting the 10-year actuals PAL level. No change No change to the existing 1. Except as provided in Paragraph (2) of this 

subsection, the actuals PAL level for a major stationary source shall be established as the sum of the baseline actual emissions (as defined in 20.2.74.7 NMAC) of the PAL pollutant for each emissions unit at the source; plus an amount equal to the applicable significant level for the PAL pollutant under Subsection AV of 20.2.74.7 NMAC or under 

1. Except as provided in Paragraph (2) of this 

subsection, the actuals PAL level for a major stationary source or GHG-only source shall be 

established as the sum of the baseline actual emissions (as defined in 20.2.74.7 NMAC or, 

for GHGs, Paragraph (13) of Subsection B of 20.2.74.320 NMAC) of the PAL pollutant for 

each emissions unit at the source; plus an amount equal to the applicable significant level 

EPA finalized the GHG Pof the GHG Tailoring Ruat 77 FR 41051. The revyear actuals PAL level sppromulgated at 40 CFR 5

(i) Except as pro(aa)(6)(ii) and (ishall provide tha
63

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

the act, whichever is lower. When establishing the actuals PAL level, for a PAL pollutant, only one consecutive 24-month period must be used to determine the baseline actual emissions for all existing emissions units. However, a different consecutive 24-month period may be used for each different PAL pollutant.  Emissions associated with units that were permanently shutdown after this 24-month period must be subtracted from the PAL level.  The department shall specify a reduced PAL level(s) (in tons/yr) in the PAL permit to become effective on the future compliance date(s) of any applicable federal or state regulatory requirement(s) that the department is aware of prior to issuance of the PAL permit. For instance, if the source owner or operator will be required to reduce emissions from industrial boilers in half from baseline emissions of 60 ppm NOx to a new rule limit of 30 ppm, then the permit shall contain a future effective PAL level that is equal to the current PAL level reduced by half of the original baseline emissions of such unit(s). 

for the PAL pollutant under Subsection AV of 20.2.74.7 NMAC or under the act, whichever is lower. When establishing the actuals PAL level, for a PAL pollutant, only one consecutive 24-month period must be used to determine the baseline actual emissions for all existing emissions units. However, a different consecutive 24-month period may be used for each different PAL pollutant. Emissions associated with units that were permanently shutdown after this 24-month period must be subtracted from the PAL level. The department shall specify a reduced PAL level(s) (in tons/yr) in the PAL permit to become effective on the future compliance date(s) of any applicable federal or state regulatory requirement(s) that the department is aware of prior to issuance of the PAL permit. For instance, if the source owner or operator will be required to reduce emissions from industrial boilers in half from baseline emissions of 60 ppm NOx to a new rule limit of 30 ppm, then the permit shall contain a future effective PAL level that is equal to the current PAL level reduced by half of the original baseline emissions of such unit(s). 

a major stationarsource shall be ethe baseline actuin paragraph (b)GHGs, paragrapsection) of the Pemissions unit aamount equal to level for the PAL paragraph (b)(23the Act, whichev

The revisions made to the 10-year actuals PAL leve20.2.74.320(F)(1) NMAC identical to the federal PArequirements at 40 CFR 5These revisions are appro

2. For newly constructed units (which do not 

include modifications to existing units) on which actual construction began after the 24-month period, in lieu of adding the baseline actual emissions as specified in Paragraph (1) of this subsection, the emissions must be added to the PAL level in an amount equal to the potential to emit of the units. 

2. No Change No change to the existing 

 3. For CO2e based GHG PAL, the actuals PAL EPA finalized the GHG P
64

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

level shall be established as the sum of the GHGs baseline actual emissions (as defined in Paragraph (13) of Subsection B of 20.2.74.320 NMAC) of GHGs for each emissions unit at the source, plus an amount equal to the amount defined as “significant” on a CO2e basis for the purposes of Subsection AZ of 20.2.74.7 NMAC at the time the PAL permit is being issued. When establishing the actuals PAL level for CO2e-based PAL, only one consecutive 24-month period must be used to determine the baseline actual emissions for all existing emissions units. Emissions associated with units that were permanently shut down after this 24-month period must be subtracted from the PAL level. The department shall specify a reduced PAL level (in tons per year CO2e) in the PAL permit to become effective on the future compliance date(s) of any applicable federal or New Mexico regulatory requirement(s) that the department is aware of prior to issuance of the PAL permit.

of the GHG Tailoring Ruat 77 FR 41051. The revyear actuals PAL level sppromulgated at 40 CFR 5

(iii) For CO2e b

actuals PAL levethe sum of the Gemissions (as de(aa)(2)(xiii) of theach emissions uamount equal to ‘‘significant’’ on purposes of paratime the PAL peWhen establishifor a CO2e-baseconsecutive 24-mto determine the for all existing eassociated with upermanently shumonth period muPAL level. The rspecify a reduceyear CO2e) in theffective on the of any applicablregulatory requirreviewing authoissuance of the P

The new provisions for sePAL levels for GHGs at 2are substantively identica
65

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

year actuals requirements 52.21(aa)(6)(iii). These revisions are appro

G. Contents of the PAL Permit. The PAL permit shall contain, at a minimum, the following information. 

No Change No change to the existing 

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 tons 

per year CO2e. 

EPA finalized the GHG Pof the GHG Tailoring Ruat 77 FR 41051. The GHpermit content were prom52.21(aa)(7) as follows: 

(i) The PAL pollsource-wide emiper year or tons 

The revisions to PAL per20.2.74.320(G)(1) NMAC identical to the federal PArequirements at 40 CFR 5These revisions are appro

2) The PAL permit effective date and the 

expiration date of the PAL (PAL effective period). 

No change No change to the existing 

3) Specification in the PAL permit that if a major 

stationary source owner or operator applies to renew a PAL in accordance with Subsection J of this section before the end of the PAL effective period, then the PAL shall not expire at the end of the PAL effective period. It shall 

remain in effect until a revised PAL permit is issued by the department. 

3) Specification in the PAL permit that if a major 

stationary source or GHG-only source owner 

or operator applies to renew a PAL in accordance with Subsection J of this section before the end of the PAL effective period, then the PAL shall not expire at the end of the PAL effective period. It shall remain in effect until a revised PAL permit is issued by the department. 

EPA finalized the GHG Pof the GHG Tailoring Ruat 77 FR 41051. The GHpermit content were prom52.21(aa)(7) as follows: 

(iii) Specificatioa major stationarsource owner or 
66

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

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Analysis and Evaluation Federal Requirements 

a PAL in accord(aa)(10) of this sthe PAL effectivshall not expire effective period. until a revised Previewing autho

The revisions to PAL per20.2.74.320(G)(3) NMAC identical to the federal PArequirements at 40 CFR 5These revisions are appro

4) A requirement that emission calculations for 

compliance purposes include emissions from 

startups, shutdowns and malfunctions. 

No change No change to the existing 

5) A requirement that, once the PAL expires, the 

major stationary source is subject to the requirements of Subsection I of this section. 

5) A requirement that, once the PAL expires, the 

major stationary source or GHG-only source is 

subject to the requirements of Subsection I of this section. 

EPA finalized the GHG Pof the GHG Tailoring Ruat 77 FR 41051. The GHpermit content were prom52.21(aa)(7) as follows: 

(v) A requiremeexpires, the majoGHG-only sourcrequirements of section. 

The revisions to PAL per20.2.74.320(G)(5) NMAC identical to the federal PArequirements at 40 CFR 5These revisions are appro
67

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

6) The calculation procedures that the major 

stationary source owner or operator shall use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total for each month as required by Paragraph (1) of Subsection C of this section. 

6) The calculation procedures that the major 

stationary source or GHG-only source owner 

or operator shall use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total for each month as required by Paragraph (1) of Subsection C of this section. 

EPA finalized the GHG Pof the GHG Tailoring Ruat 77 FR 41051. The GHpermit content were prom52.21(aa)(7) as follows: 

(vi) The calculatmajor stationary source owner or convert the monmonthly emissiobased on a 12-mrequired by parasection. 

The revisions to PAL per20.2.74.320(G)(6) NMAC identical to the federal PArequirements at 40 CFR 5These revisions are appro

7) A requirement that the major stationary source 

owner or operator monitor all emissions units in accordance with the provisions under Subsection M of this section. 

7) A requirement that the major stationary source 

or GHG-only source owner or operator 

monitor all emissions units in accordance with the provisions under Subsection M of this section. 

EPA finalized the GHG Pof the GHG Tailoring Ruat 77 FR 41051. The GHpermit content were prom52.21(aa)(7) as follows: 

(vii) A requiremstationary source owner or operatounits in accordanunder paragraph 

The revisions to PAL per20.2.74.320(G)(7) NMAC 
68

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

identical to the federal PArequirements at 40 CFR 5These revisions are appro

8) A requirement to retain the records required 

under Subsection M of this section on site.  Such records may be retained in an electronic format. 

No change No change to the existing 

9) A requirement to submit the reports required 

under Subsection N of this section by the required deadlines. 

No change No change to the existing 

10) Any other requirements that the department 

deems necessary to implement and enforce the PAL. 

No change No change to the existing 

No comparable provision in existing SIP 11) A permit for a GHG PAL issued to a GHGonly source shall also include a statement 

denoting that GHG emissions at the source will not be subject to regulation under Subsection AZ of 20.2.74.7 NMAC as long as the source complies with the PAL.

EPA finalized the GHG Pof the GHG Tailoring Ruat 77 FR 41051. The GHpermit content were prom52.21(aa)(7) as follows: 

(xi) A permit for GHG-only sourcstatement denotithe source will nunder paragraph long as the sourc

The revisions to PAL per20.2.74.320(G)(11) NMAidentical to the federal PArequirements at 40 CFR 5These revisions are appro

H. PAL effective period and reopening of the PAL permit. 

No change No change to the existing 
69

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

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Analysis and Evaluation Federal Requirements 

1) PAL effective period. The PAL effective 

period shall be 10 years. 

No change No change to the existing 

2) Reopening of the PAL permit. No change No change to the existing 

a) During the PAL effective period, the 

department shall reopen the PAL permit to: 

i. correct typographical/calculation 

errors made in setting the PAL or reflect a more accurate determination of emissions used to establish the PAL; 

ii. reduce the PAL if the owner or 

operator of the major stationary source creates creditable emissions reductions for use as offsets under 40 CFR 51.165(a)(3)(ii); and 

iii. revise the PAL to reflect an increase 

in the PAL as provided under Subsection K of this section. 

No change No change to the existing 

b) The department may reopen the PAL 

permit for the following: 

i. to reduce the PAL to reflect newly 

applicable federal requirements (for example, NSPS) with compliance dates after the PAL effective date; 

ii. to reduce the PAL consistent with any 

other requirement, that is enforceable as a practical matter, and that the department may impose on the major stationary source under the plan; and 

iii. to reduce the PAL if the department 

determines that a reduction is necessary to avoid causing or contributing to a NAAQS or PSD increment violation, or to an adverse 

b) The department may reopen the PAL permit for the following: 

i. to reduce the PAL to reflect newly 

applicable federal requirements (for example, NSPS) with compliance dates after the PAL effective date; 

ii. to reduce the PAL consistent with any 

other requirement, that is enforceable as a practical matter, and that the department may impose on the major stationary source or GHG-only source under the 

plan; and 

iii. to reduce the PAL if the department 

determines that a reduction is necessary to avoid causing or contributing to a NAAQS or PSD increment violation, or 

EPA finalized the GHG Pof the GHG Tailoring Ruat 77 FR 41051. The GHeffective period and reoppromulgated at 40 CFR 5

(ii)(b)(2) Reduce any other requireas a practical mamay impose on tor GHG-only soImplementation 

The revisions to PAL effeprovisions at 20.2.74.320substantively identical to 
70

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

impact on an AQRV that has been identified for a federal class I area by a federal land manager and for which information is available to the general public. 

to an adverse impact on an AQRV that has been identified for a federal class I area by a federal land manager and for which information is available to the general public. 

content requirements at 452.21(aa)(8)(ii)(b)(2). 

These revisions are appro

c) Except for the permit reopening in Item (i) 

of Subparagraph (a) of Paragraph (2) of this subsection for the correction of typographical/calculation errors that do not increase the PAL level, all reopenings shall be carried out in accordance with the public participation requirements of Subsection E of this section. 

No change No change to the existing 

I. Expiration of a PAL. Any PAL that is not renewed in accordance with the procedures in Subsection J of this section shall expire at the end of the PAL effective period, and the following requirements shall apply. 

No change No change to the existing 

1) Each emissions unit (or each group of 

emissions units) that existed under the PAL shall comply with an allowable emission limitation under a revised permit established according to the following procedures. 

No change No change to the existing 

a) Within the time frame specified for PAL 

renewals in Paragraph (2) of Subsection J of this section, the major stationary source shall submit a proposed allowable emission limitation for each emissions unit (or each group of emissions units, if such a distribution is more appropriate as decided by the department) by distributing the PAL allowable emissions for the major stationary source among each of the emissions units that existed under the PAL. If the PAL had not yet been 

a) Within the time frame specified for PAL 

renewals in Paragraph (2) of Subsection J of this section, the major stationary source or 

GHG-only source shall submit a proposed 

allowable emission limitation for each emissions unit (or each group of emissions units, if such a distribution is more appropriate as decided by the department) by distributing the PAL allowable emissions for the major stationary source among each of the emissions units that existed under the PAL. If the PAL had not yet been adjusted for an applicable 

EPA finalized the GHG Pof the GHG Tailoring Ruat 77 FR 41051. The PAwere promulgated at 40 Cfollows: 

(i)(a) Within the PAL renewals in this section, the GHG-only sourcallowable emissiemissions unit (o
71

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

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Analysis and Evaluation Federal Requirements 

adjusted for an applicable requirement that became effective during the PAL effective period, as required under Paragraph (5) of Subsection J of this section, such distribution shall be made as if the PAL had been adjusted. 

requirement that became effective during the PAL effective period, as required under Paragraph (5) of Subsection J of this section, such distribution shall be made as if the PAL had been adjusted. 

units, if such a dappropriate as deAdministrator) ballowable emissistationary source among each of thexisted under the yet been adjusterequirement that the PAL effectivunder paragraph section, such disif the PAL had b

The revisions to PAL exp20.2.74.320(I)(1)(a) NMAthe requirements at 40 CFthat the revisions to 20.2.not contain the second ussource” [in bold text abovon July 12, 2012. Despite not containing lafederal requirements in thfinds that the submitted reapprovable as in keeping of the federal requiremenof “GHG-only source” in negatively impact the funpermit renewal and expirThe NMED should correcavailable opportunity and SIP revision. 

b) The department shall decide No change No change to the existing 
72

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Analysis and Evaluation Federal Requirements 

whether and how the PAL allowable emissions will be distributed and issue a revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as the department determines is appropriate. 

2) Each emissions unit(s) shall comply with the 

allowable emission limitation on a 12-month rolling basis. The department may approve the use of monitoring systems (source testing, emission factors, etc.) other than CEMS, CERMS, PEMS or CPMS to demonstrate compliance with the allowable emission limitation. 

No change No change to the existing 

3) Until the department issues the revised permit 

incorporating allowable limits for each emissions unit, or each group of emissions units, as required under Subparagraph (b) of Paragraph (1) of Subsection I of this section, the source shall continue to comply with a source-wide, multi-unit emissions cap equivalent to the level of the PAL emission limitation. 

No change No change to the existing 

4) Any physical change or change in the method 

of operation at the major stationary source will be subject to major new source review requirements if such change meets the definition of major modification in 20.2.74.7 NMAC. 

4) Any physical change or change in the method 

of operation at the major stationary source or 

GHG-only source will be subject to major new 

source review requirements if such change meets the definition of major modification in 20.2.74.7 NMAC. 

EPA finalized the GHG Pof the GHG Tailoring Ruat 77 FR 41051. The PAwere promulgated at 40 Cfollows: 

(iv) Any physicamethod of operastationary source be subject to ma
73

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

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Analysis and Evaluation Federal Requirements 

such change meemodification in psection.

The revisions to PAL exp20.2.74.320(I)(4) NMAC identical to the PAL expiCFR 52.21(aa)(9)(iv). These revisions are appro

5) The major stationary source owner or operator 

shall continue to comply with any New Mexico or federal applicable requirements (BACT, RACT, NSPS, etc.) that may have applied either during the PAL effective period or prior to the PAL effective period except for those emission limitations that had been established pursuant to Subsection D of 20.2.74.300 NMAC, but were eliminated by the PAL in accordance with the provisions in Subparagraph (c) of Paragraph (2) of Subsection A of this section. 

5) The major stationary source or GHG-only 

source owner or operator shall continue to 

comply with any New Mexico or federal applicable requirements (BACT, RACT, NSPS, etc.) that may have applied either during the PAL effective period or prior to the PAL effective period except for those emission limitations that had been established pursuant to Subsection D of 20.2.74.300 NMAC, but were eliminated by the PAL in accordance with the provisions in Subparagraph (c) of Paragraph (2) of Subsection A of this section. 

EPA finalized the GHG Pof the GHG Tailoring Ruat 77 FR 41051. The PAwere promulgated at 40 Cfollows: 

(v) The major stonly source owncontinue to comFederal applicabRACT, NSPS, eeither during the prior to the PAL for those emissiobeen established (r)(4) of this secby the PAL in acprovisions in parthis section.

The revisions to PAL exp20.2.74.320(I)(5) NMAC identical to the PAL expiCFR 52.21(aa)(9)(v). 
74

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

These revisions are appro

J. Renewal of a PAL. No change No change to the existing 1) The department shall follow the procedures 

specified in Subsection E of this section in approving any request to renew a PAL for a major stationary source, and shall provide both the proposed PAL level and a written rationale for the proposed PAL level to the public for review and comment. During such public review, any person may propose a PAL level for the source for consideration by the department. 

1) The department shall follow the procedures 

specified in Subsection E of this section in approving any request to renew a PAL for a major stationary source or GHG-only source, 

and shall provide both the proposed PAL level and a written rationale for the proposed PAL level to the public for review and comment.  During such public review, any person may propose a PAL level for the source for consideration by the department. 

EPA finalized the GHG Pof the GHG Tailoring Ruat 77 FR 41051. The PApromulgated at 40 CFR 5

(i) The Adminisprocedures speciof this section in renew a PAL for or a GHG-only sboth the proposerationale for the public for review such public reviepropose a PAL lconsideration by 

The revisions to PAL ren20.2.74.320(J)(1) NMAC identical to the PAL rene52.21(aa)(10)(i). These revisions are appro

2) Application deadline. A major stationary 

source owner or operator shall submit a timely application to the department to request renewal of a PAL. A timely application is one that is submitted at least 6 months prior to, but not earlier than 18 months from, the date of permit expiration. This deadline for application submittal is to ensure that the permit will not expire before the permit is renewed. If the owner or operator of a major 

2) Application deadline. A major stationary 

source or GHG-only source owner or operator 

shall submit a timely application to the department to request renewal of a PAL. A timely application is one that is submitted at least 6 months prior to, but not earlier than 18 months from, the date of permit expiration.  This deadline for application submittal is to ensure that the permit will not expire before the permit is renewed. If the owner or operator of a 

EPA finalized the GHG Pof the GHG Tailoring Ruat 77 FR 41051. The PApromulgated at 40 CFR 5

(ii) Application dstationary source owner or operatoapplication to threnewal of a PA
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Analysis and Evaluation Federal Requirements 

stationary source submits a complete application to renew the PAL within this time period, then the PAL shall continue to be effective until the revised permit with the renewed PAL is issued. 

major stationary source or GHG-only source 

submits a complete application to renew the PAL within this time period, then the PAL shall continue to be effective until the revised permit with the renewed PAL is issued. 

one that is submprior to, but not from, the date of deadline for appensure that the pbefore the permior operator of a GHG-only sourcapplication to retime period, then to be effective uwith the renewed 

The revisions to PAL ren20.2.74.320(J)(2) NMAC identical to the PAL rene52.21(aa)(10)(ii). These revisions are appro

3) Application requirements. The application to 

renew a PAL permit shall contain the following information. a) The information required in Subsection C 

of this section. 

b) A proposed PAL level. 

c) The sum of the potential to emit of all 

emissions units under the PAL (with supporting documentation). 

d) Any other information the owner or 

operator wishes the department to consider in determining the appropriate level for renewing the PAL. 

No change No change to the existing 

4) PAL adjustment. In determining whether and 

how to adjust the PAL, the department shall consider the options outlined in Subparagraphs 

4) PAL adjustment. In determining whether and 

how to adjust the PAL, the department shall consider the options outlined in Subparagraphs 

EPA finalized the GHG Pof the GHG Tailoring Ruat 77 FR 41051. The PA
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Analysis and Evaluation Federal Requirements 

(a) and (b) of this paragraph. However, in no case may any such adjustment fail to comply with Subparagraph (c) of this paragraph. a) If the emissions level calculated in 

accordance with Subsection F of this section is equal to or greater than 80 percent of the PAL level, the department may renew the PAL at the same level without considering the factors set forth in Subparagraph (b) of this paragraph. 

b) The department may set the PAL at a level 

that it determines to be more representative of the source's baseline actual emissions, or that it determines to be appropriate considering air quality needs, advances in control technology, anticipated economic growth in the area, desire to reward or encourage the source's voluntary emissions reductions, or other factors as specifically identified by the department in its written rationale. 

c) Notwithstanding Subparagraphs (a) and 

(b) of this paragraph: 

i. if the potential to emit of the major 

stationary source is less than the PAL, the department shall adjust the PAL to a level no greater than the potential to emit of the source; and 

ii. the department shall not approve a 

renewed PAL level higher than the current PAL, unless the major stationary source has complied with the provisions of Subsection K of this section (increasing a PAL). 

(a) and (b) of this paragraph. However, in no case may any such adjustment fail to comply with Subparagraph (c) of this paragraph. a. If the emissions level calculated in 

accordance with Subsection F of this section is equal to or greater than 80 percent of the PAL level, the department may renew the PAL at the same level without considering the factors set forth in Subparagraph (b) of this paragraph. 

b. The department may set the PAL at a level 

that it determines to be more representative of the source's baseline actual emissions, or that it determines to be appropriate considering air quality needs, advances in control technology, anticipated economic growth in the area, desire to reward or encourage the source's voluntary emissions reductions, or other factors as specifically identified by the department in its written rationale. 

c. Notwithstanding Subparagraphs (a) and 

(b) of this paragraph: 

i. if the potential to emit of the major 

stationary source or GHG-only source 

is less than the PAL, the department shall adjust the PAL to a level no greater than the potential to emit of the source; and 

ii. the department shall not approve a 

renewed PAL level higher than the current PAL, unless the major stationary source or GHG-only source has 

complied with the provisions of Subsection K of this section (increasing 

promulgated at 40 CFR 5

(iv)(c)(1) If the pmajor stationary source is less thaAdministrator shlevel no greater of the source; an(iv)(c)(2) The Aapprove a renewthe current PALstationary source complied with th(aa)(11) of this s

The revisions to PAL ren20.2.74.320(J)(4)(c)(i) ansubstantively identical to provisions at 40 CFR 52.(2). These revisions are appro
77

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

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Analysis and Evaluation Federal Requirements 

a PAL). 

5) If the compliance date for a state or federal 

requirement that applies to the PAL source occurs during the PAL effective period, and if the department has not already adjusted for such requirement, the PAL shall be adjusted at the time of PAL permit renewal or title V permit renewal, whichever occurs first. 

No change No change to the existing 

K. Increasing a PAL during the PAL effective period. 

No change No change to the existing 

1) The department may increase a PAL emission 

limitation only if the major stationary source complies with the following provisions. 

1) The department may increase a PAL emission 

limitation only if the major stationary source or 

GHG-only source complies with the following 

provisions. 

EPA finalized the GHG Pof the GHG Tailoring Ruat 77 FR 41051. The proPAL during the PAL effepromulgated at 40 CFR 5

(i) The Adminisemission limitatistationary source complies with th(aa)(11)(i)(a) thr

The revisions to PAL inc20.2.74.320(K)(1) NMAC identical to the PAL incre52.21(aa)(11)(i). These revisions are appro

a) The owner or operator of the major 

stationary source shall submit a complete application to request an increase in the PAL limit for a PAL major modification.  Such application shall identify the emissions unit(s) contributing to the increase in emissions so as to cause the 

a) The owner or operator of the major stationary 

source or GHG-only shall submit a complete 

application to request an increase in the PAL limit for a PAL major modification. Such application shall identify the emissions unit(s) contributing to the increase in emissions so as to cause the major stationary or GHG-only 

EPA finalized the GHG Pof the GHG Tailoring Ruat 77 FR 41051. The proPAL during the PAL effepromulgated at 40 CFR 5

(i)(a) The owner 
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Analysis and Evaluation Federal Requirements 

major stationary source's emissions to equal or exceed its PAL. 

source's emissions to equal or exceed its PAL. stationary source 

shall submit a corequest an increaPAL major modshall identify the contributing to tso as to cause thGHG-only sourcexceed its PAL. 

The revisions to PAL inc20.2.74.320(K)(1)(a) NMidentical to the PAL incre52.21(aa)(11)(i)(a). 

These revisions are appro

b) As part of this application, the major 

stationary source owner or operator shall demonstrate that the sum of the baseline actual emissions of the small emissions units, plus the sum of the baseline actual emissions of the significant and major emissions units assuming application of BACT equivalent controls, plus the sum of the allowable emissions of the new or modified emissions unit(s), exceeds the PAL. The level of control that would result from BACT equivalent controls on each significant or major emissions unit shall be determined by conducting a new BACT analysis at the time the application is submitted, unless the emissions unit is currently required to comply with a BACT or LAER requirement that was established within the preceding 10 years. In such a 

b) As part of this application, the major 

stationary source or GHG-only source owner 

or operator shall demonstrate that the sum of the baseline actual emissions of the small emissions units, plus the sum of the baseline actual emissions of the significant and major emissions units assuming application of BACT equivalent controls, plus the sum of the allowable emissions of the new or modified emissions unit(s), exceeds the PAL.  The level of control that would result from BACT equivalent controls on each significant or major emissions unit shall be determined by conducting a new BACT analysis at the time the application is submitted, unless the emissions unit is currently required to comply with a BACT or LAER requirement that was established within the preceding 10 years. In such a case, the assumed control level for that 

EPA finalized the GHG Pof the GHG Tailoring Ruat 77 FR 41051. The proPAL during the PAL effepromulgated at 40 CFR 5

(i)(b) As part of stationary source owner or operatothe sum of the bthe small emissithe baseline actusignificant and massuming appliccontrols, plus themissions of the emissions unit(slevel of control tBACT equivalen
79

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Analysis and Evaluation Federal Requirements 

case, the assumed control level for that emissions unit shall be equal to the level of BACT or LAER with which that emissions unit must currently comply. 

emissions unit shall be equal to the level of BACT or LAER with which that emissions unit must currently comply. 

significant or madetermined by canalysis at the tisubmitted, unlescurrently requireor LAER requirewithin the prececase, the assumeemissions unit shof BACT or LAEemissions unit m

The revisions to PAL inc20.2.74.320(K)(1)(b) NMidentical to the PAL incre52.21(aa)(11)(i)(b). 

These revisions are appro

c) The owner or operator obtains a major 

new source review permit for all emissions unit(s) identified in Subparagraph (a) of this paragraph, regardless of the magnitude of the emissions increase resulting from them (that is, no significant levels apply). These emissions unit(s) shall comply with any emissions requirements resulting from the major new source review process (for example, BACT), even though they have also become subject to the PAL or continue to be subject to the PAL. 

No change No change to the existing 

d) The PAL permit shall require that the 

increased PAL level shall be effective on the day any emissions unit that is part of the PAL major modification becomes 

No change No change to the existing 
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Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

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Analysis and Evaluation Federal Requirements 

operational and begins to emit the PAL pollutant. 

2) The department shall calculate the new PAL as 

the sum of the allowable emissions for each modified or new emissions unit, plus the sum of the baseline actual emissions of the significant and major emissions units (assuming application of BACT equivalent controls as determined in accordance with Subparagraph (b) of Paragraph (1) of this subsection), plus the sum of the baseline actual emissions of the small emissions units. 

No change No change to the existing 

3) The PAL permit shall be revised to reflect the 

increased PAL level pursuant to the public notice requirements of Subsection E of this section. 

No change No change to the existing 

L. Monitoring requirements for PALs. No change No change to the existing 1) General requirements. No change No change to the existing 

a) Each PAL permit must contain enforceable 

requirements for the monitoring system that accurately determines plantwide emissions of the PAL pollutant in terms of mass per unit of time. Any monitoring system authorized for use in the PAL permit must be based on sound science and meet generally acceptable scientific procedures for data quality and manipulation. Additionally, the information generated by such system must meet minimum legal requirements for admissibility in a judicial proceeding to enforce the PAL permit. 

a) Each PAL permit must contain enforceable 

requirements for the monitoring system that accurately determines plantwide emissions of the PAL pollutant in terms of mass per unit of time or CO2e per unit of time. Any 

monitoring system authorized for use in the PAL permit must be based on sound science and meet generally acceptable scientific procedures for data quality and manipulation.  Additionally, the information generated by such system must meet minimum legal requirements for admissibility in a judicial proceeding to enforce the PAL permit. 

EPA finalized the GHG Pof the GHG Tailoring Ruat 77 FR 41051. The PAwere promulgated at 40 Cfollows: 

(i)(a) Each PAL enforceable requmonitoring systedetermines plantPAL pollutant in time or CO2e pemonitoring systethe PAL permit science and meescientific procedmanipulation. A
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Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

information genmust meet minimfor admissibility to enforce the PA

The revisions to PAL mo20.2.74.320(L)(1)(a) NMidentical to the PAL monCFR 52.21(aa)(12)(i)(a). These revisions are appro

b) The PAL monitoring system must employ 

one or more of the four general monitoring approaches meeting the minimum requirements set forth in Paragraph (2) of this subsection and must be approved by the department. 

No change No change to the existing 

c) Notwithstanding Subparagraph (b) of this 

paragraph, you may also employ an alternative monitoring approach that meets Subparagraph (a) of this paragraph if approved by the department. 

No change No change to the existing 

d) Failure to use a monitoring system that 

meets the requirements of this section renders the PAL invalid. 

No change No change to the existing 

2) The following are acceptable general 

monitoring approaches when conducted in accordance with the minimum requirements in Paragraphs (3) through (9) of this subsection: 

a) Mass balance calculations for activities 

using coatings or solvents; 

b) CEMS; 

c) CPMS or PEMS; and d) emission factors. 

No change No change to the existing 

3) Mass balance calculations. An owner or No change No change to the existing 
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Analysis and Evaluation Federal Requirements 

operator using mass balance calculations to monitor PAL pollutant emissions from activities using coating or solvents shall meet the following requirements: 

a) provide a demonstrated means of validating 

the published content of the PAL pollutant that is contained in or created by all materials used in or at the emissions unit; 

b) assume that the emissions unit emits all of 

the PAL pollutant that is contained in or created by any raw material or fuel used in or at the emissions unit, if it cannot otherwise be accounted for in the process; and 

c) where the vendor of a material or fuel, which 

is used in or at the emissions unit, publishes a range of pollutant content from such material, the owner or operator must use the highest value of the range to calculate the PAL pollutant emissions unless the department determines there is site-specific data or a site-specific monitoring program to support another content within the range. 

4) CEMS. An owner or operator using CEMS to 

monitor PAL pollutant emissions shall meet the following requirements: a) CEMS must comply with applicable 

performance specifications found in 40 CFR Part 60, Appendix B; and 

b) CEMS must sample, analyze, and record 

data at least every 15 minutes while the emissions unit is operating. 

No change No change to the existing 

5) CPMS or PEMS. An owner or operator using 

CPMS or PEMS to monitor PAL pollutant emissions shall meet the following 

No change No change to the existing 
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Revisions to 20.2.74 NMAC Submitted January 8, 2013 Adopted by the NM Environmental Improvement Board on January 7, 2013; Effective February 6, 2013 

Analysis and Evaluation Federal Requirements 

requirements: a) the CPMS or the PEMS must be based on 

current site-specific data demonstrating a correlation between the monitored parameter(s) and the PAL pollutant emissions across the range of operation of the emissions unit; and 

b) each CPMS or PEMS must sample, 

analyze, and record data at least every 15 minutes, or at another less frequent interval approved by the department, while the emissions unit is operating. 

6) Emission factors. An owner or operator using 

emission factors to monitor PAL pollutant emissions shall meet the following requirements: a) all emission factors shall be adjusted, if 

appropriate, to account for the degree of uncertainty or limitations in the factors' development; 

b) the emissions unit shall operate within the 

designated range of use for the emission factor, if applicable; and 

c) if technically practicable, the owner or 

operator of a significant emissions unit that relies on an emission factor to calculate PAL pollutant emissions shall conduct validation testing to determine a site-specific emission factor within 6 months of PAL permit issuance, unless the department determines that testing is not required. 

No change No change to the existing 

7) A source owner or operator must record and 

report maximum potential emissions without considering enforceable emission limitations or 

No change No change to the existing 
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Analysis and Evaluation Federal Requirements 

operational restrictions for an emissions unit during any period of time that there is no monitoring data, unless another method for determining emissions during such periods is specified in the PAL permit. 

8) Notwithstanding the requirements in 

Paragraphs (3) through (7) of this subsection, where an owner or operator of an emissions unit cannot demonstrate a correlation between the monitored parameter(s) and the PAL pollutant emissions rate at all operating points of the emissions unit, the department shall, at the time of permit issuance: a) establish default value(s) for determining 

compliance with the PAL based on the highest potential emissions reasonably estimated at such operating point(s); or 

b) determine that operation of the emissions 

unit during operating conditions when there is no correlation between monitored parameter(s) and the PAL pollutant emissions is a violation of the PAL. 

No change No change to the existing 

9) Revalidation. All data used to establish the 

PAL pollutant must be revalidated through performance testing or other scientifically valid means approved by the department. Such testing must occur at least once every 5 years after issuance of the PAL. 

No change No change to the existing 

M. Recordkeeping Requirements. No change No change to the existing 1) The PAL permit shall require an owner or 

operator to retain a copy of all records necessary to determine compliance with any requirement of this section and of the PAL, including a determination of each emissions unit's 12-month rolling total emissions, for 5 

No change No change to the existing 
85

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Analysis and Evaluation Federal Requirements 

years from the date of such record. 

2) The PAL permit shall require an owner or 

operator to retain a copy of the following records, for the duration of the PAL effective period plus 5 years: 

a) copy of the PAL permit application and any 

applications for revisions to the PAL; and 

b) each annual certification of compliance 

pursuant to title V and the data relied on in certifying the compliance. 

No change No change to the existing 

N. Reporting and notification requirements. The owner or operator shall submit semi-annual monitoring reports and prompt deviation reports to the department in accordance with the applicable title V operating permit program. The reports shall meet the following requirements. 

No change No change to the existing 

1) Semi-annual report. The semi-annual report 

shall be submitted to the department within 30 days of the end of each reporting period. This report shall contain the following information: 

No change No change to the existing 

a) the identification of owner and operator 

and the permit number; 

No change No change to the existing 

b) total annual emissions (tons per year) 

based on a 12-month rolling total for each month in the reporting period recorded pursuant to Paragraph (1) of Subsection M of this section; 

b) total annual emissions (expressed on a mass 

basis in tons per year, or expressed in tons per year CO2e) based on a 12-month rolling total 

for each month in the reporting period recorded pursuant to Paragraph (1) of Subsection M of this section; 

EPA finalized the GHG Pof the GHG Tailoring Ruat 77 FR 41051. The PAnotification requirements CFR 52.21(aa)(14) as fol

(i)(b) Total annuon a mass-basis expressed in tona 12-month rollithe reporting perparagraph (aa)(1
86

Existing NM SIP Approved by EPA on January 22, 2013 78 FR 4339 

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Analysis and Evaluation Federal Requirements 

The revisions to PAL mo20.2.74.320(N)(1)(b) NMidentical to the PAL monCFR 52.21(aa)(14)(i)(b). These revisions are appro

c) all data relied upon, including, but not 

limited to, any quality assurance or quality control data, in calculating the monthly and annual PAL pollutant emissions; 

No change No change to the existing 

d) a list of any emissions units modified or 

added to the major stationary source during the preceding 6-month period; 

d) a list of any emissions units modified or 

added to the major stationary source or 

GHG-only source during the preceding 6-

month period; 

EPA finalized the GHG Pof the GHG Tailoring Ruat 77 FR 41051. The PAnotification requirements CFR 52.21(aa)(14) as fol

(i)(d) A list of anmodified or addesource or GHG-preceding 6-mon

The revisions to PAL mo20.2.74.320(N)(1)(d) NMidentical to the PAL monCFR 52.21(aa)(14)(i)(d). These revisions are appro

e) the number, duration, and cause of any 

deviations or monitoring malfunctions (other than the time associated with zero and span calibration checks), and any corrective action taken; 

No change No change to the existing 

f) a notification of a shutdown of any 

monitoring system, whether the shutdown was permanent or temporary, the reason 

No change No change to the existing 
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Analysis and Evaluation Federal Requirements 

for the shutdown, the anticipated date that the monitoring system will be fully operational or replaced with another monitoring system, and whether the emissions unit monitored by the monitoring system continued to operate, and the calculation of the emissions of the pollutant or the number determined by method included in the permit, as provided by Paragraph (7) of Subsection L of this section; and 

g) a signed statement by the responsible 

official (as defined by the applicable title V operating permit program) certifying the truth, accuracy, and completeness of the information provided in the report. 

No change No change to the existing 

2) Deviation report. The major stationary source 

owner or operator shall promptly submit reports of any deviations or exceedance of the PAL requirements, including periods where no monitoring is available. A report submitted pursuant to Paragraph (2) of Subsection E of 20.2.70.302 NMAC shall satisfy this reporting requirement. The deviation reports shall be submitted within the time limits prescribed by the applicable program implementing Paragraph (2) of Subsection E of 20.2.70.302 NMAC. The reports shall contain the following information: a) the identification of owner and operator 

and the permit number; 

b) the PAL requirement that experienced the 

deviation or that was exceeded; 

c) emissions resulting from the deviation or 

the exceedance; and 

2) Deviation report. The major stationary source 

or GHG-only source owner or operator shall 

promptly submit reports of any deviations or exceedance of the PAL requirements, including periods where no monitoring is available. A report submitted pursuant to Paragraph (2) of Subsection E of 20.2.70.302 NMAC shall satisfy this reporting requirement. The deviation reports shall be submitted within the time limits prescribed by the applicable program implementing Paragraph (2) of Subsection E of 20.2.70.302 NMAC. The reports shall contain the following information: a. the identification of owner and operator 

and the permit number; 

b. the PAL requirement that experienced the 

deviation or that was exceeded; 

c. emissions resulting from the deviation or 

EPA finalized the GHG Pof the GHG Tailoring Ruat 77 FR 41051. The PAnotification requirements CFR 52.21(aa)(14) as fol

(ii) Deviation rep

source or GHG-operator shall prany deviations orequirements, inmonitoring is avsubmitted pursuof this chapter shrequirement. Thsubmitted within by the applicable 70.6(a)(3)(iii)(Breports shall con
88

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Analysis and Evaluation Federal Requirements 

d) a signed statement by the responsible 

official (as defined by the applicable title V operating permit program) certifying the truth, accuracy, and completeness of the information provided in the report. 

the exceedance; and 

d. a signed statement by the responsible 

official (as defined by the applicable title V operating permit program) certifying the truth, accuracy, and completeness of the information provided in the report. 

information: 

The revisions to PAL mo20.2.74.320(N)(2) NMAC identical to the PAL monCFR 52.21(aa)(14)(ii). These revisions are appro

3) Revalidation results. The owner or operator 

shall submit to the department the results of any revalidation test or method within three months after completion of such test or method. 

No change No change to the existing 

O. Transition Requirements. No change No change to the existing 1) The department may not issue a PAL that does 

not comply with the requirements in this section after the administrator has approved regulations incorporating these requirements into a plan. 

No change No change to the existing 

2) The department may supersede any PAL which 

was established prior to the date of approval of the plan by the administrator with a PAL that complies with the requirements of this section. 

No change No change to the existing 
89

IV. Conclusion 

The technical analysis provided in the preceding sections 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 the adoption of the non-substantive revisions to 

correct formatting and the substantive 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, these 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 taking no action on the submitted revision to the 

definition of “subject to regulation” to adopt and implement the GHG Biomass Deferral Rule at 

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

vacate the GHG Biomass Deferral Rule.