SUSANA MARTINEZ Governor

JOHN A SANCHEZ Lieutenant Governor



### June 11, 2015

Mr. Ron Curry Regional Administrator 

### NEW MEXICO ENVIRONMENT DEPARTMEN@

Harold Runnels Building 

## 15 JUN 25 PH

www.nmenv.state.nm.us



### U.S. Environmental Protection Agency, Region 6 1445 Ross Ave, Suite 1200 Dallas, TX 75202-2733 RYAN FLYNN Cabinet Secretary

BUTCH TONGATE Deputy Secretary



### Subject: Proposed revision to the New Mexico State Implementation Plan (SIP) for Air Quality by amending 20.11.61 NMAC, 

### Prevention ofSignificantDeterioration

Dear Mr. Curry:

I am writing on behalfofGovernor Susana Martinez to request approval ofthe attached documentation which is proposed to serve as the basis for a revision to the New Mexico SIP. Specifically, I am submitting documentation for the amended regulation 20.11.61 NMAC, 

### Prevention of Significant Deterioration, adopted pursuant to Title I ofthe CAA Amendments of 1990. This rule applies exclusively to Albuquerque and Bernalillo County, New Mexico.

This request follows my earlier request to EPA, in a letter ofMarch 4, 2015, for parallel processing ofthis proposed SIP revision.

The Albuquerque- Bernalillo County Air Quality Control Board (Air Board) adopted the amended 20.11.61 NMAC at its regular monthly meeting on April30, 2015, following a public hearing held the same evening. The public hearing was held in accordance with state law and public hearing requirements of40 CFR 51.1 02. The amended regulations were filed with the New Mexico State Records Center on May 8, 2015 and became effective locally on May 29, 2015.

To facilitate your review, one hard copy ofthis SIP submittal and one exact duplicate in electronic form are enclosed. I believe that the submitted materials provide adequate documentation to support the requested SIP revision.

The following materials are enclosed in the SIP submittal:

1) SIP Completeness Checklist pursuant to 40 CFR 51, Appendix V;

### 2) hearing record;

4) the amended 20.11.61 NMAC adopted by the Air Board; and

5) other supporting documentation.

Your favorable consideration ofthis request is appreciated. Ifyou have any questions, please
contact Mary Lou Leonard, Director ofthe Albuquerque Environmental Health Department (EHD), at (505) 768-2631.



### y New Mexico Environment Department

cc: Honorable Susana Martinez, Governor, State ofNew Mexico Jeffrey Kendall, General Counsel, NMED Michael Vonderheide, Director, Environmental Protection Division, NMED Richard Goodyear, Chief, Air Quality Bureau, NMED Kelsey Curran, Chair, Albuquerque

- Bernalillo County Air Quality Control Board Danny Nevarez, Deputy Director, Albuquerque EHD Margaret Nieto, Control Strategies Manager, Air Quality Program, EHD

# Submittal letter from EHD Director
to Governor's designee

# CITY OF ALBUQlJERQl)E

PO Box 1293

AIbuquerque

New Mexico 87103

www.cabq.gov 

### June 9, 2015

Ryan Flynn Cabinet Secretary, NM Environment Department Office ofthe Secretary Harold Runnels Building 1190 Saint Francis Dr., PO Box 5469 Santa Fe, NM 87502-5469

Subject: Endorsement of request for EPA to consider a revision to the New Mexico State Implementation Plan (SIP) for Air Quality by amending 20.11.61 NMAC, 

### Prevention of Significant Deterioration

Dear Secretary Flynn:

I am writing to request your endorsement, on the Governor's behalf: ofthe attached draft transmittal letter to EPA, which requests that EPA approve a revision to the SIP. This proposed SIP revision incorporates the recently adopted amendments to 20.11.61 NMAC, 

### Prevention ofSignificant Deterioration, adopted pursuant to Title I ofthe CAA Amendments of 1990.

These amendments were requested by EPA and are being carried out in coordination with EPA under its parallel processing procedure in order to expedite EPA approval of Albuquerque

- Bernalillo County's Prevention ofSignificant Deterioration regulation.

The Albuquerque

- Bernalillo County Air Quality Control Board (Air Board) adopted the amended 20.11.61 NMAC at its regular monthly meeting on April 30, 2015, following a public hearing held the same evening. The public hearing was held in accordance with the requirements ofstate law and public hearing requirements of40 CFR 51.102. The amended regulation was filed with the New Mexico State Records Center on May 8, 2015 and became etTective locally on May 29,2015.

The following materials are enclosed and will be provided to EPA as adequate documentation to support the requested SIP revision:

I) SIP Completeness Checklist pursuant to 40 CFR 51, Appendix V;

2) hearing record;

.1/buquerque :1.fa/.:ing /1 f.,tiJI')' I706-200{)

### 5) other supporting documentation, including a draft transmittal letter from you to EPA Region 6 Regional Administrator Ron Curry requesting the proposed SIP revision.

Ifyou agree to endorse the transmittal letter to the Regional Administrator, then please provide me with the original signed letter. Once received, the Albuquerque Environmental Health Department will provide EPA with review copies ofthe proposed SIP submittal, along with your transmittal letter.

Thank you for your assistance in this matter. Ifyou have questions or need clarification, please contact me or Margaret Nieto ofmy statTat (505) 768-2637.

Sincerely,

uerque Environmental Health Department

MLL/elm

cc: Honorable Susana Martinez, Governor, State ofNew Mexico Jeffrey Kendall, General Counsel, NMED Michael Vonderheide, Director, Environmental Protection Division, NMED Richard Goodyear, Chief, Air Quality Bureau, NMED Kelsey Curran, Chair, Albuquerque- Bernalillo County AQCB Danny Nevarez, Deputy Director, Albuquerque EHD Margaret Nieto. Control Strategies Manager, Air Quality Program, EHD

### 1 Revision To The New Mexico State Implementation Plan For Air Quality (SIP) Through Incorporation of An Amended 20.11.61 NMAC, Prevention Of Significant Deterioration

June 2015

SIP COMPLETENESS CHECKLIST For submission following earlier request for parallel processing (per 40 CFR 51 Appendix V)

2.1 Administrative Materials

(a) A formal letter of submittal from the Governor or designee, requesting EPA approval of the plan or revision thereof (hereafter “the plan”).

X YES ____NO _____N/A

The package is being sent to EPA with a formal submittal letter from the designee of the Governor of the State of New Mexico. This letter is in addition to an earlier letter from the Governor’s designee, on March 4, 2015, requesting parallel processing of this proposed revision to the New Mexico SIP.

(b) Evidence that the State has adopted the plan in the State code or body of regulations; or issued the permit, order, consent agreement (hereafter “document”) in final form. That evidence shall include the date of adoption or final issuance as well as the effective date of the plan, if different from the adoption/issuance date.

X YES ____NO _____N/A

The Albuquerque - Bernalillo CountyAir Quality Control Board (Air Board) adopted amendments to 20.11.61 NMAC,Prevention of Significant Deterioration, on April 30, 2015 during their regular meeting, which followed a public hearing held on the same night. Attachment A contains the following items. First, it contains the amended regulation as filed with the New Mexico State Records Center and Archives (SRCA) on May 8, 2015. The date of transmittal is indicated by the date stamp at the top of the filed rule. Attachment A also contains the transmittal form required by the SRCA and signed by Air Board Vice Chair Jane Cudney-Black, for Chair Kelsey Curran. Finally, Attachment A contains a copy of the Air Board resolution adopting the amended rule.
Attachment B contains the amended rule as published in the New Mexico Register on May 29, 2015, which is the date the rule became effective.

### 2 .

(c) Evidence that the State has the necessarylegal authority under State law to adopt and implement the plan.

X YES ____NO _____N/A

The New Mexico Air Quality Control Act provides for regulation of sources and plan revision in thefollowing statutory provisions:

NMSA 1978 § 74-2-5, Duties and powers,environmental improvement board, local board;

NMSA 1978 § 74-2-5.1, Duties and powers of the department and the local agency;

NMSA 1978 § 74-2-5.2, State air pollution control agency; specific duties and powers of the department.

Local authority for regulation of sources and plan revisionis provided for under the following:

NMSA 1978 § 74-2-4, Local authority;

City of Albuquerque Ordinances, Section 9-5-1-4, Duties and powers of the board, and Section 9-5-1-5, Duties and powers of the department;

Bernalillo County Ordinances, Section 30-33, Duties and powers of the board, and Section 30-34, Duties and powers of the department.

(d) A copy of the actual regulation, or document submitted for approval and incorporation by reference into the plan, including indication of the changes made (such as redline/strikethrough) to the existing approved plan, where applicable. The submittal shall be a copy of the official State regulation/document signed, stamped, 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. If the State submits an electronic copy, it must be an exact duplicate of the hard copy with changes indicated, signed documents need to be inportable document format, rules need to be in text format and files need to be submitted in manageable amounts (i.e. a file for each section or chapter, depending upon size, and separate files for each distinct document) unless otherwise agreedto by the State and Regional Office.

__X__YES ___NO ___N/A

### 3 Attachment A contains,first, a document presenting the amended sections of the regulation as filed with the New Mexico State Records Center and Archives (SRCA) on May 8, 2015. Thisdocument includes strikethroughs to indicate deleted language and underlining to indicate newly added language.

Second, Attachment A also contains the integrated version of the final regulation as amended. This document is a clean copy of the new, amended version of the regulation, containing the new language and excluding deleted language but without strikethroughs or underlining to indicate the changes. The date of tr ansmittal is indicated by the date stamp at the top of both of these versions of the filed rule. Attachment A further contains the tr ansmittal form required by the SRCA and signed by Air Board Vice Chair JaneCudney-Black, for Chair Kelsey Curran. Finally, Attachment A contains a copy of the Air Board resolution adopting the amended rule.
Attachment B contains the amended rule as published in the New Mexico Register on May 29, 2015, which is the date the rule became effective.

(e) Evidence that the State followed all of the procedural requirements of the State's laws and constitution in conducting and completing the adoption/issuance of the plan.

__X__YES ___NO ___N/A

NMSA 74-2-6(B) requires that a hearing be held before a regulatory change. NMSA 74-2-6(C) requires 30-day notice of a hearing. See AQP Exhibits 5a, 5b and 5c in Attachment C for evidence that notices of the hearing were published in the “news paper of general circulation in the area affected” and the New Mexico Register, as well as circulated to the email listserv of the Air Quality Control Board.

20.11.82 NMAC requires the filing of a Petition for Hearing and a Notice of Intent (NOI) to present technical testimony at a hearing. The petition and NOI are both shown in Attachment C. For evidence that a hearing was held, see the certified hearing record transcript in Attachment D. For evidence that the final, amended 20.11.61 NMAC was published in the New Mexico Register, as required bystate law, see Attachment B.

(f) Evidence that public notice was given of the proposedchange consistent with procedures approved by EPA; including the date of publication of such notice.

### 4 __X__YES ___NO ___N/A

See AQP Exhibits 5a, 5b and 5c in Attachment C as evidence that notices were published in the “newspaper of general circulation in the area affected” and the New Mexico Register, as well as circulated to the email listserv of the Air Quality Control Board. 30 days’ notice of a hearing is required by the New Mexico Air Quality Control Act at NMSA 1978 § 74- 2-6(C).

(g) Certification that publichearing(s) were held in accordance with the information provided in the public notice and the State's laws and constitution, if applicable and consistent with the public hearing requirements in 40 CFR 51.102.

__X__YES ___NO ___N/A

See certified hearing record transcript in Attachment D. The remarks by the hearing officer at the April 30, 2015 public hearing included information and instructions on the conduct of the hearing.

(h) Compilation of public comments and the State's response thereto.

____YES ___ NO _X__ N/A

No public comments were received.

2.2 Technical Support

(a) Identification of all regulated pollutants affected by the plan.

__X__YES ___NO ___N/A

This regulation applies to all regulated pollutants.

(b) Identification of the locations of aff ected sources including the EPA attainment/ nonattainment designation of the locations and the statusof the attainment plan for the affected area(s).

__X__YES ___ NO ___ N/A

The objective of 20.11.61 NMAC, Prevention of Significant Deterioration is to minimize air pollutant emissions from new major stationary sources or major modifications in areas classified as in attainment of the national ambient air quality standards or determined to be unclassifiable pursuant to Section 107(d) of the Act.

### 5 Therefore, so long as Albuquerque and Bernalillo County remain in attainment of national ambient air quality standards, the sources affected by this regulation will include any new major stationary sources or major modifications.

Currently, only two PSD permitted sourcesexist in the Air Board’s area of jurisdiction:

GCC Rio Grande - Tijeras Plant 11783 State Highway 337 Tijeras, NM 87059

Rio Bravo Generating Station Public Service Company of New Mexico 725 Electric Ave. SE Albuquerque, NM 87105

(c) Quantification of the changes in plan-allowable emissions from the affected sources; estimates of changes in current actual emissions from affected sources 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 as a result of the revision.

____YES ___NO ___X__N/A

This plan revision does not change plan-allowable emissions.

(d) The State's demonstration that the national ambient air quality standards, prevention of significant deterioration increments, reasonable further progress demonstration, and visibility, as applicable, are protectedif the plan is approved and implemented. For all requests to redesignate an area to attainment for a national primary ambient air quality standard, under Section 107 of the Act, a revision must be submitted to provide for the maintenance of the national primary ambient air quality standards for at least 10 years as required by section 175A of the Act.

_ X__YES ___NO ____N/A

Amendments to the regulation adjust its language to bring it more precisely into conformity with the current language of federal regulations and do not reduce its stringency below that of the federal regulations.

(e) Modeling information required to support the proposed revision, including input data, output data, models used, justif ication of model selections, ambient monitoring data used, meteorological data used, justification for use of offsite

### 6 data (where used), modes of models used, assumptions, and other information relevant to the determination of adequacy of the modeling analysis.

__ YES ___ NO __X_ N/A

(f) Evidence, where necessary, that emission limitationsare based on continuous emission reduction technology.

___ YES ___ NO _X_ N/A

(g) Evidence that the plan contains emission limitations, work practice standards and record keeping/reporting requirements, where necessary, to ensure emission levels.

__X__ YES ___ NO ___ N/A

The regulation as amended continues to mirror federal requirements related to emission limitations, work practice standards, and record keeping/reporting requirements, where necessary, to ensure emission levels.

(h) Compliance/enforcement strategies, including how compliance will be determined in practice.

__ YES ___ NO __X_ N/A

(i) Special economic and technical justification required by any applicable EPA policies, or an explanation of why such justifications are not necessary.

___ YES ___ NO _X_ N/A

### AAMNP AQCA AQCB AQP AQS CAA CFR D.C. Cir. EHD EPA Fed. Reg. F.3d GHG iSIP NAAQS NEI NM NMAC NMED NMSA NOI N02 PM2.5 PRD PSD ROA SIP SLEIS 

## so2 LIST OF ABBREVIATIONS AND ACRONYMS

Annual Air Monitoring Network Plan New Mexico Air Quality Control Act (also referred to as "Air Act") Air Quality Control Board (also referred to as "Air Board") Air Quality Program, Environmental Health Department, City ofAlbuquerque Air Quality System Clean Air Act Code ofFederal Regulations U.S. Court ofAppeals, District ofColumbia Circuit Environmental Health Department, City ofAlbuquerque Environmental Protection Agency Federal Register Federal Reporter, Third Series (record ofdecisions and opinions ofU.S. courts) Greenhouse gasses Infrastructure State Implementation Plan National Ambient Air Quality Standards National Emissions Inventory New Mexico New Mexico Administrative Code New Mexico Environment Department New Mexico Statutes Annotated Notice ofIntent to present technical testimony Nitrogen Dioxide Particulate Matter 2.5 Public Review Draft Prevention ofSignificant Deterioration Revised Ordinances ofthe City ofAlbuquerque State Implementation Plan State and Local Emissions Inventory System Sulfur Dioxide

# Attachment A

Attachment A contains copies of the following.

1) Amended 20.11.61 as filed with State Records Center and Archives -- amended sections only, with underlines and strikethroughs to indicate added or deleted language. The date stamp at the top of each page indicates the date of filing.

2) Amended 20.11.61 as filed with State Records Center and Archives -- entire rule with amended language integrated, no underlines or strikethroughs. The date stamp at the top of each page indicates the date of filing.

3) Transmittal form required by the State Records Center and Archives to file a regulation or an amendment; the form is signed by Air Quality Control Board Vice Chair Jane Cudney Black for Board Chair Kelsey Currant

4) Air Quality Control Board resolution adopting amended 20.11.61 NMAC, April 30, 2015.

## ;',;-4 

## 10= 19

This is an amendment to 20.11.61 NMAC, Sections 7 and 11, effective 5/29/2015.

20.11.61.7 DEFINITIONS: In addition to the definitions in 20.11.61 NMAC, the definitions in 20.11.1 NMAC, General Provisions, shall apply unless there is a conflict between definitions, in which case the definition in 20.11.61 NMAC shall govern. A. "Act" means the federal Clean Air Act, as amended, 42 U.S. C. Sections 7401 et seq. B. "Actual emissions" means the actual rate ofemissions ofa regulated NSR pollutant from an emissions unit, as determined in accordance with Paragraphs (2) through (4) ofSubsection 

### B of20.11.61.7 NMAC. (1) This definition shall not apply for calculating whether a significant emissions increase has occurred, or for establishing a PAL under 20.11.61.20 NMAC. Instead, Subsections I and VV of20.11.61.7 NMAC shall apply for those purposes. (2) In general, actual emissions as ofa 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 ofnormal source operation. The department shall allow the use ofa different time period upon a determination that it is more representative ofnormal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types ofmaterials processed, stored, or combusted during the selected time period. (3) The department may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions ofthe unit. (4) For any emissions unit that has not begun normal operations on the particular date, actual emissions shall equal the potential to emit ofthe unit on that date. C. "Administrator'' means the administrator ofthe U.S. environmental protection agency (EPA) or

an authorized representative. 

### D. "Adverse impact on visibility" means visibility impairment which interferes with the management, protection, preservation, or enjoyment ofthe visitor's visual experience ofthe federal class I area. This determination must be made on a case-by-case basis taking into account the geographic extent, intensity, duration, frequency, and time ofthe visibility impairments and how these factors correlate with the following: (1) times ofvisitor use ofthe federal class I area; and (2) the frequency and timing ofnatural conditions that reduce visibility. This term does not include effects on integral vistas as defined in 40 CFR 51.301 Definitions. E. "Air quality related values (AQRV)" means visibility and other scenic, cultural, physical, biological, ecological, or recreational resources which may be affected by a change in air quality resulting from the emissions ofa proposed major stationary source or major modification that interferes with the management, protection, preservation, or enjoyment ofthe AQRV ofa federal class I area. 

### F. "Allowable emissions" means the emissions rate ofa stationary source calculated using the maximum rated capacity ofthe source (unless the source is subject to federally enforceable limits which restrict the operating rate, or hours ofoperation, or both) and the most stringent ofthe following: (1) the applicable standards as set forth in 40 CFR Parts 60 and 61; (2) the applicable state implementation plan emissions limitation, including those with a future compliance date; or (3) the emissions rate specified as a federally enforceable permit condition, including those with a future compliance date. 

### G. "Associated emission sources" means secondary emissions and all reasonably foreseeable emissions ofregulated pollutants from the growth ofgeneral residential, commercial, industrial, governmental emission sources and other mobile and non-mobile emission sources which are associated with or support the proposed new major stationary source or major modification. Other mobile and non-mobile emission sources shall include, but not be limited to, new highways and roads or improvements to existing highways and roads to increase capacity, new parking facilities or improvements to existing parking facilities to increase capacity, service enhancements to ground and air public transportation to include the building ofnew public transportation facilities

or improvements to existing public transportation facilities to increase capacity; and the building ofnew public or private educational facilities or improving existing public or private educational facilities to increase enrollment. H. "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 NAAQS for such pollutant, and is so designated under Section 107(d)(l)(D) or (E) ofthe act. I. "Baseline actual emissions" means the rate ofemissions, in tons per year, ofa regulated NSR pollutant, as determined in accordance with Paragraphs (1)-(4) ofSubsection I of20.11.61.7 NMAC.

20.11.61 NMAC(1) For any existing electric utility steam generating unit, baseline actual emissions means the average rate, in tons per year, at which the unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the five year period immediately preceding when the owner or operator begins actual construction ofthe project. The department shall allow the use ofa different time period
upon a determination that it is more representative ofnormal source operation. (a) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. (b) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period. (c) For a regulated NSR 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 NSR 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 ifrequired by Subparagraph (b) ofParagraph ( 1) ofSubsection I of20.11.61.7 NMAC. (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 ofthe project, or the date a complete permit application is received by the department for a permit required either under 20.11.61 NMAC or under a plan approved by the administrator, whichever is earlier, except that the 10 year period shall not include any period earlier than November 15, 1990. (a) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. (b) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period. (c) The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply, had such major stationary source been required to comply with such limitations during the consecutive 24-month period. However, ifan emission limitation is part ofa maximum achievable control technology standard that the administrator proposed or promulgated under40 CFR Part 63, the baseline actual emissions need only be adjusted if the state has taken credit for such emissions reductions in an attainment demonstration ormaintenance plan consistent with the requirements of40 CFR 51.165(a)(3)(ii)(G). (d) For a regulated NSR 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 NSR 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 ifrequired by Subparagraphs (b) and (c) ofParagraph (2) ofSubsection I of20.11.61.7 NMAC. (3) For a new emissions unit, the baseline actual emissions for purposes ofdetermining the emissions increase that will result from the initial construction and operation ofsuch 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 Subsection I of20.11.61.7 NMAC, for other existing emissions units in accordance with the procedures contained in Paragraph (2) ofSubsection I of20.11.61.7 NMAC, and for a new emissions unit in accordance with the procedures contained in Paragraph (3) ofSubsection I of20.11.61.7 NMAC. 

### J. "Baseline area" (1) Means any intrastate area (and every part thereof) designated as attainment or unclassifiable under Section 107(d)(1)(A)(ii) or (iii) ofthe act 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 (1 f.Lg/m3) (annual average) for S02, N02 orPM 10; or equal to or greater than 0.3 11g/m 3 (annual average) for PM2

.5•

20.11.61 NMAC 2

### (2) Area redesignations under Section 107(d)(I)(A)(ii) or (iii) 

### ofthe act cannot intersect or be smaller than the area ofimpact ofany major stationary source or major modification which: (a) establishes a minor source baseline date; or (b) is subject to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166, and would be constructed in the same state as the state proposing the redesignation. (3) Any baseline area established originally for total suspended particulates (TSP) increments shall remain in effect and shall apply for purposes ofdetermining the amount ofavailable PM 10 

### increments, except that such baseline area shall not remain in effect ifthe department rescinds the corresponding minor source baseline date in accordance with Paragraph (3) ofSubsection MM of20.11.61.7 NMAC. K. "Baseline concentration" means that ambient concentration level that exists in the baseline area at the time ofthe 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 representative ofsources in existence on the applicable minor source baseline date, except as provided in Paragraph (2) ofSubsection K of20.11.61.7 NMAC; (b) the allowable emissions ofmajor 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 from any major stationary source on which construction commenced after the major source baseline date; and (b) actual emissions increases and decreases at any stationary source occurring after the minor source baseline date. L. "Begin actual constmction" means, in general, the initiation ofphysical onsite construction activities on an emissions unit which are ofa permanent nature. Such activities include, but are not limited to, installation ofbuilding supports and foundations, laying ofunderground pipework and construction ofpermanent storage structures. With respect to a change in method ofoperation, this term refers to those on-site activities, other than preparatory activities which mark the initiation ofthe change. M. "Best available control technology (BACT)" means an emissions limitation (including a visible emission standard) based on the maximum degree ofreduction for each regulated NSR pollutant which would be emitted from any proposed major stationary source or major modification, which the director on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application ofproduction processes or available methods, systems, and techniques, including fuel cleaning ortreatment or innovative fuel combustion techniques for control ofsuch pollutant. In no event shall application ofbest available control technology result in emissions ofany pollutant which would exceed the emissions allowed by any applicable standard under 40 CFR Parts 60 and 61. 

### Ifthe director determines that technological oreconomic limitations on the application ofmeasurement methodology to a particular emissions unit would make the imposition ofan emissions standard infeasible, a design, equipment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the application ofbest available control technology. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation ofsuch design, equipment, work practice, or operation, and shall provide for compliance by means which achieve equivalent results. N. "Building, stmcture,facility orinstaUation" means all ofthe 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 ofthe same person (or persons under common control) except the activities ofany vessel. PoiJutantemitting activities shall be considered as part ofthe same industrial grouping ifthey 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. 

### 0. "Class I area" means any federal land that is classified orreclassified as "class I" as listed in 20.11.61.25 NMAC. P. "Commence" as applied to construction ofa major stationary source or major modification,

means that the owner or operator has all necessary preconstruction approvals or permits and either has: (1) begun, or caused to begin, a continuous program ofactual on-site construction ofthe
source, to be completed within a reasonable time; or

20.11.61 NMAC 

### 3

### (2) entered into binding agreements or contractual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program ofactual construction ofthe

source to be completed within a reasonable time. 

### Q. "Complete" means, in reference to an application for a permit, that the department has determined the application contains all ofthe information necessary for processing the application. Designating an application complete for purposes ofpermit processing does not preclude the department from requesting or accepting any additional information.
R. "Construction" means any physical change or change in the method ofoperation (including fabrication, erection, installation, demolition, or modification ofan emissions unit) that would result in a change in emissions. S. "Continuous emissions monitoring system (CEMS)" means all ofthe equipment that may be required to meet the data acquisition and availability requirements of20.11.61 NMAC, to sample, condition (if applicable), analyze, and provide a record ofemissions on a continuous basis. T. "Continuous emissions rate monitoring system (CERMS)" means the total equipment required for the determination and recording ofthe pollutant mass emissions rate (in terms ofmass per unit oftime). U. "Continuous parameter monitoring system (CPMS)" means all ofthe equipment necessary to meet the data acquisition and availability requirements of20.11.61 NMAC, to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, 02 or C02 concentrations), and to record average operational parameter value(s) on a continuous basis. V. "Department" means the city ofAlbuquerque, environmental health department or its successor agency. W. "Director'' means the director ofthe city ofAlbuquerque, environmental health department or the director ofits successor agency. X. "Electric utility steam generating unit" means any steam electric generating unit that is constructed for the purpose ofsupplying more than one-third ofits 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 ofproviding steam to a steam-electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity ofthe affected facility. Y. "Emissions unit" means any part ofa stationary source that emits or would have the potential to emit any regulated NSR pollutant and includes an electric utility steam generating unit as defined in 20.11.61.7 NMAC. For purposes of20.11.61 NMAC, there are two types ofemissions units as follows: (1) a new emissions unit is any emissions unit that is (or will be) newly constructed and that has existed for less than two years from the date such emissions unit first operated; (2) an existing emissions unit is any emissions unit that does not meet the requirements in Paragraph (1) ofSubsection Y of20.11.61.7 NMAC. A replacement unit is an existing unit. Z. "Federal land manager'' means, with respect to any lands in the United States, a federal level cabinet secretary ofa federal level department (e.g. interior department) with authority over such lands. AA. "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 (SIP); (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 operating permits issued under an EPA-approved program that expressly requires adherence to any permit issued under such program.BB. "Fugitive emissions" means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. CC. "Greenhouse gases" or "GHGs" means the air pollutant defined in § 

### 86.1818-12(a) ofChapter I ofTitle 40 ofthe CPR, as the aggregate group ofsix greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. DD. "High terrain" means any area having an elevation 900 feet or more above the base ofa source's stack. EE. "Indian governing body" means the governing body ofany tribe, band, or group ofIndians subject to thejurisdiction ofthe United States and recognized by the United States as possessing power ofselfgovernment.

20.11.61 NMAC 4

### FF. "Innovative control technology" means any system ofair pollution control that has not been adequately demonstrated in practice, but would have a substantial likelihood ofachieving greater continuous**emis~ions** 

### reduction than any control system in current practice or achieving at least comparable reductions at lower cost m terms ofenergy, economics, or non-air quality environmental impacts. 

### GG. "Low terrain" means any area other than high terrain. 

### HH. "Lowest achievable emission rate (LAER)" means, for any source, the more stringent rate of emissions based on the following: (1) 

### the most stringent emissions limitation which is contained in the implementation plan of any state for such class or category ofstationary source, unless the owner or operator ofthe 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 ofstationary source; this limitation, when applied to a modification, means the lowest achievable emissions
rate for the new ormodified emissions units within the stationary source; in no event shall the application ofthis
term permit a proposed new or modified stationary source to emit any pollutant in excess ofthe amount allowable under an applicable new source standard ofperformance. 

### II. "Major modification" (1) 

### Means any physical change in or change in the method ofoperation ofa major stationary

source that would result in: a significant emissions increase ofa regulated NSR pollutant; and a significant net emissions increase ofthat pollutant from the major stationary source. (2) Any significant emissions increase from any emissions units or net emissions increase at

a major stationary source that is significant for volatile organic compounds or oxides ofnitrogen shall be considered significant for ozone. (3) A physical change or change in the method ofoperation shall not include: (a) routine maintenance, repair, and replacement; (b) use ofan alternative fuel orraw material by reason ofan order under Section 2(a) and (b) ofthe Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason ofa natural gas curtailmentplan pursuant to the Federal Power Act; (c) use ofan alternative fuel by reason ofan order orrule under Section 125 ofthe act; (d) use ofan alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste; (e) use ofan alternative fuel orraw material by a stationary source which: (i) 

### the source was capable ofaccommodating 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 Subpart I or40 CFR 5l.l66; or (ii) 

### the source is approved to use under any permit issued under 40 CFR 52.21 orunder regulations approved pursuant to 40 CFR 51.166; (f) 

### an increase in the hours ofoperation or in the production rate, 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 orunder regulations approved pursuant to 40 CFR Subpart I or40 CFR 51.166; (g) any change in ownership at a stationary source; (h) the installation, operation, cessation, or removal ofa 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) 

### otherrequirements necessary to attain and maintain the NAAQS during the project and after it is terminated; (i) 

### the installation or operation ofa 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 NSR pollutant emitted by the unit; this exemption shall apply on a pollutant-by-pollutant basis; or (j) 

### the reactivation ofa very clean coal-fired electric utility steam generating unit. (4) This definition shall not apply with respect to a particular regulated NSR pollutant when the major stationary source is complying with the requirements under 20.11.61.20 NMAC for a PAL for that pollutant. Instead, the definition at 

### Paragraph (8) ofSubsection B of20.11.61.20 NMAC shall apply. 

### JJ. "Major source baseline date" means:

20.11.61 NMAC 5

### (1) in the case ofPM 10 

### and sulfur dioxide, January 6, 1975; (2) in the case ofnitrogen dioxide, February 8, 1988; and (3) in the case ofPMu, October 20, 2010. KK. "Major stationary source" (1) means: (a) any stationary source listed in Table 1of20.11.61.26 NMAC which emits, or has the potential to emit, 100 tons per year or more ofany regulated NSR pollutant; (b) notwithstanding the stationary source categories specified in Subparagraph (a) ofParagraph (1) 

### ofSubsection KK of20.11.61.7 NMAC, any stationary source which emits, orhas the potential to emit, 250 tons per year or more ofany regulated NSR pollutant; or (c) any physical change that would occur at a stationary source not otherwise qualifying under Subsection KK of20.11.61.7 NMAC, as a major stationary source ifthe change would constitute a major stationary source by itself. (2) A major source that is major for volatile organic compounds or oxides ofnitrogen shall be considered major for ozone. (3) The fugitive emissions ofa stationary source shall not be included in determining whether it is a major stationary source, unless the source belongs to one ofthe stationary source categories found in Table 1 of20.11.61.26 NMAC or any other stationary source category which, as ofAugust 7, 1980, is being regulated under Section 111 or 112 ofthe act. LL. "Mandatory federal class I area" means any area identified in 40 CFR Part 81, Subpart D. MM. "Minor source baseline date" means the earliest date after the trigger date on which a major stationary source or major modification subject to 40 CFR 52.21, or to regulations approved pursuant to 40 CFR 51.166, submits a complete application under the relevant regulations. (1) 

### The trigger dates are: (a) August 7, 1977, for PM 10 

### and sulfur dioxide; and (b) February 8, 1988 for nitrogen dioxide; and (c) October 20, 2011, for PMu (2) The baseline date is established for each pollutant for which increments or other equivalent measures have been established if: (a) the area in which the proposed major stationary source or major modification would construct is designated as attainment or unclassifiable under Section 1 07(d)(lXA)(ii) or (iii) 

### ofthe federal act for the pollutant on the date ofits complete application under 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166; and (b) in the case ofa major stationary source, the pollutant would be emitted in significant amounts, or in the case ofa major modification, there would be a significant net emissions increase ofthe pollutant. (3) Any minor source baseline date established originally for the TSP increments shall remain in effect and shall apply for purposes ofdetermining the amount ofavailable PM 10 

### increments, except that the department may rescind any such minor source baseline date where it can be shown, to the director's satisfaction that, either 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 ofPM 10 

### emissions. NN. "Natural conditions" includes naturally occurring phenomena that reduce visibility as measured in terms ofvisual range, contrast or coloration. 

### 00. "Necessary preconstruction approvals or permits" mean those permits or approvals required under federal air quality control laws and regulations and those air quality control laws and regulations which are part ofthe New Mexico state implementation plan. PP. "Netemissions increasett (1) Means, that with respect to any regulated NSR pollutant emitted by a major stationary
source, the amount by which the sum ofthe following exceeds zero: (a) the increase in emissions from a particular physical change or change in the method ofoperation at a stationary source as calculated pursuant to Subsection D of20.11.61.11 NMAC; and (b) any other increases and decreases in actual emissions at the major stationary

source that are contemporaneous with the particular change and are otherwise creditable; baseline actual emissions for calculating increases and decreases shall be determined as provided in Subsection I of20.11.61.7 NMAC, except that Subparagraph (c) ofParagraph (1) 

### and Subparagraph (d) ofParagraph (2) ofSubsection I of20.11.61.7 NMAC shall not apply.

20.11.61 NMAC 6(2) An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs between:

change; and (a) the date five years prior to the commencement ofconstruction on the particular



### (3) (b) the date that the increase from the particular change occurs. An increase or decrease in actual emissions is creditable only if: (a) it occurs between:

particular change; and (i) the date five years prior to the commencement ofconstruction on the

(ii) 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 40 CFR 51.166, which permit is in effect when the increase in actual emissions from the particular change occurs; and (c) the increase or decrease in emissions did not occur at a 

### clean unit, as defined in 40 CFR 51.166 (b)(3)(iii)(c) and Federal Register Vol. 76 No. 61, 3/30111, p. 17554. (d) As it pertains to an increase or decrease in fugitive emissions (to the extent quantifiable), it occurs at an emissions unit that is part ofone ofthe source categories listed in Paragraph (3) of Subsection KK of20.11.61.7 NMAC or it occurs at an emission unit that is located at a major stationary source that belongs to one ofthe listed source categories. Fugitive emission increases or decreases are not included for those emissions units located at a facility whose primary activity is not represented by one ofthe source categories listed in Paragraph (3) ofSubsection KK of20.11.61.7 NMAC and that are not, by themselves, part ofa listed source category. (4) An increase or decrease in actual emissions ofsulfur dioxide, particulate matter, or oxides ofnitrogen that occurs before the applicable minor source baseline date is creditable only ifit is required to be considered in calculating the amount ofmaximum allowable increases remaining available. (5) An increase in actual emissions is creditable only to the extent that the new level ofactual emissions exceeds the old level. (6) A decrease in actual emissions is creditable only to the extent that: (a) the old level ofactual emissions or the old level ofallowable emissions, whichever is lower, exceeds the new level ofactual 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; and (7) an increase that results from a physical change at a source occurs when the emissions unit

on which construction occurred becomes operational and begins to emit a particular pollutant; any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days. (8) Paragraph (2) ofSubsection B of20.11.61.7 NMAC shall not apply for determining creditable increases and decreases. 

### QQ. "Nonattainment area" means an area which has been designated under Section 107 ofthe act as nonattainment for one or more ofthe NAAQS by EPA. RR. "Portable stationary source" means a source which can be relocated to another operating site with limited dismantling and reassembly. SS. "Potential to emit" means the maximum capacity ofa stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity ofthe source to emit a pollutant, including air pollutant control equipment and restrictions on hours ofoperation or on the type or amount of material combusted, stored, or processed, shall be treated as part ofits design ifthe limitations or the effect the limitation would have on emissions is federally enforceable. Secondary emissions do not count in determining the potential to emit ofa stationary source. TT. "Predictive emissions monitoring system (PEMS)" means all ofthe 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, 0 2 or C02 concentrations), and calculate and record the mass emissions rate (for example, lb/hr) on a continuous basis. UU. "Project'' means a physical change in, or change in method ofoperation of, an existing major stationary source. VV. "Projected actual emissions"

20.11.61 NMAC 7(1) Means the maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated NSR pollutant in any one ofthe five years ( 12-month period) following the date the unit resumes regular operation after the project, or in any one ofthe 10 years following that date, ifthe project involves increasing the emissions unit's design capacity or its potential to emit that regulated NSR pollutant, and full utilization ofthe unit would result in a significant emissions increase, or a significant net emissions increase at the major stationary source. (2) In determining the projected actual emissions (before beginning actual construction), the

owner or operator ofthe major stationary source: (a) shall consider all relevant information, including but not limited to, historical operational data, the company's own representations, the company's expected business activity and the company's highest projections ofbusiness activity, the company's filings with the state or federal regulatory authorities, and compliance plans under an approved SIP; and (b) shall include fugitive emissions to the extent quantifiable and emissions associated with startups, shutdowns, and malfunctions; and (c) shall exclude, in calculating any increase in emissions that results from the particular project, that portion ofthe 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 I of20.11.61.7 NMAC and that are also unrelated to the particular project, including any increased utilization due to product demand growth; or (3) in lieu ofusing the method set out in Subparagraphs (a)-(c) ofParagraph (2) of Subsection VV of20.11.61.7 NMAC, may elect to use the emissions unit's potential to emit in tons per year. WW. "Regulated new source review pollutant" or "regulated NSR pollutant" means the following: (1) any pollutant for which a NAAQS has been promulgated; this includes, but is not limited
to the following: (a) PM2.s emissions and PM 10 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 PM2

.5 and PM 10 in PSD permits; compliance with emissions limitations for PM2.s and PMto issued prior to this date shall not be based on condensable particulate matter unless required by the terms and conditions ofthe permit or the applicable implementation plan; applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation of40 CFR 51.166 unless the applicable implementation plan required condensable particulate matter to be included; (b) any pollutant identified under Subparagraph (b) ofParagraph (1) of Subsection WW of20.11.61.7 NMAC as a constituent orprecursor to a pollutant for which a NAAQS has been promulgated;
precursors identified by the administrator for purposes ofNSR are the following: (i) volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and unclassifiable areas; (ii) sulfur dioxide is a precursor to PM2

.5 in all attainment and unclassifiable areas; (iii) nitrogen oxides are presumed to be precursors to PM2.s in all attainment and unclassifiable areas, unless the state demonstrates to the administrator's satisfaction or EPA demonstrates that emissions ofnitrogen oxides from sources in a specific area are not a significant contributor to that area's ambient PM 2.s concentrations; (iv) volatile organic compounds are presumed not to be precursors to PM2.s in any attainment or unclassifiable area, unless the state demonstrates to the administrator's satisfaction or EPA demonstrates that emissions ofvolatile 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 Ill ofthe act; (3) any class I orII substance subject to a standard promulgated under or established by Title VI ofthe act; (4) any pollutant that otherwise is "subject to regulation" under the act as defined in Subsection CCC of20.11.61.7 NMAC; (5) notwithstanding Paragraphs (1) through (4) of Subsection WW of 20.11.61.7 NMAC, 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) ofthe act, and which have not been delisted pursuant to

20.11.61 NMAC 

### 8Section ll2(b)(3) ofthe act, unless the listed hazardous air pollutant is also regulated as a constituent or precursor of

a general pollutant listed under Section 108 ofthe act; (6) particulate matter (PM) emissions, PM2 .s 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 l, 2011 (or any earlier date established in the upcoming rulemaking codifying test methods), such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM, PM2.s and PM10 in PSD permits; compliance with emissions limitations for PM, PM2 .s and PM10 issued prior to this date shall not be based on condensable particulate matter unless required by the terms and conditions ofthe permit or the applicable implementation plan; applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation of20.11.61 NMAC unless the applicable implementation plan required condensable particulate matter to be included. XX. 

### "Replacement unif' means an emission unit for which all ofthe 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 of40 CFR 60.15(b)(l), or the emissions unit completely takes the place ofan existing emissions unit. (2) The emissions unit is identical to or functionally equivalent to the replaced emissions unit. (3) The replacement unit does not change the basic design parameter(s) ofthe 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. 

### Ifthe replaced emissions unit is brought back into operation, it shall constitute a new emissions unit. YY. 

### "Secondary emissions" means emissions which occur as a result ofthe construction or operation ofa major stationary source or major modification, but do not come from the major stationary source or major modification itself. For the purpose of40 CFR 51.166, secondary emissions must be specific, well defined, quantifiable, and impact the same general areas as the stationary source or modification which causes the secondary emissions. Secondary emissions include emissions from any offsite support facility which would not be constructed

or increase its emissions except as a result ofthe construction or operation ofthe 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 ofa motor vehicle, from a train, or from a vessel. ZZ. 

### "Significant" means: (1) in reference to a net emissions increase or the potential ofa source to emit any ofthe pollutants listed in Table 2 of20.11.61.27 NMAC, a rate ofemissions that would equal or exceed any ofthe corresponding emission rates listed in Table 2 of 20.11.61.27 NMAC; (2) in reference to a net emissions increase or the potential ofa source to emit a regulated NSR pollutant that Paragraph ( 1) ofSubsection 

### ZZ of20.11.61.7 NMAC, does not list, any emissions rate; and (3) notwithstanding Paragraph (1) ofSubsection 

### ZZ of20.11.61.7 NMAC, any emissions
rate or any net emissions increase associated with a major stationary source or major modification, which would
construct within 

### 10 kilometers ofa class I area, and have an impact on such area equal to or greater than 1 !J.g/m3 (24-hour average). AAA. 

### "Significant emissions increase" means, for a regulated NSR pollutant, an increase in emissions that is significant for that pollutant. BBB. 

### "Stationary source" means any building, structure, facility, or installation which emits, or may emit, any regulated NSR pollutant. CCC. 

### "Subject to regulation" means, for any air pollutant, that the pollutant is subject to either a provision in the Clean Air Act, or a nationally-applicable regulation codified by the administrator in Subchapter C of Chapter I ofTitle 40 ofthe CFR, that requires actual control ofthe quantity ofemissions ofthat pollutant, and that such a control requirement has taken effect and is operative to control, limit or restrict the quantity ofemissions 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 (4) and (5) ofSubsection CCC of20.11.61.7 NMAC and shall not be subject to regulation ifthe stationary source maintains its total source-wide emissions below the GHG PAL level, meets the requirements in 20.11.61.20 NMAC, and complies with the PAL permit containing the GHG PAL. (2) For purposes ofParagraphs (3) through (5) ofSubsection CCC of20.11.61.7 NMAC, the
term "tpy C02equivalent emissions (C02 e)'' shall represent an amount ofGHGs emitted, and shall be computed as follows:

20.11.61 NMAC 

### 9(a) multiplying the mass amount ofemissions (tpy), for each ofthe six greenhouse gases in the pollutant GHGs, by the gas's associated global warming potential published at Table A-1 to subpart A ofPart 98 ofChapter I ofTitle 40 ofthe CFR- 

### Global Warming Potentials[; fer pYrpeses efParagt'ftph (2) ef SY!:IseetieR CCC ef2Q.l Uil.7 NMAC, prier te Jylr 21, 2Q14, the mass ehhe gree&heYse gas e&FlJeR Elieliide shall Ret i8elYEie e&Fae8 ElieJiiEie emissie8s FesYlti8g ffem the eem9Ystie8 er Eleeempesitie8 ef 898 fessilii5eEI 

### 8AEI 9ieEiegl'8tia91e ergaaie material erigiaatiag ffem plaats, aaimals 1 er &Heie ergaaisms (iaeJyEiiag preEIYef!i, 9y preEIYets, resiEIYes a8EI waste fFem agrieYllYre, ferestry a8EI relates i8EIYstFies as well as the 898 fessilii5eEI &REI 9ieElegraEla9le erganie ffaetieas efi8EIYstrial a8EI mY8ieipal wastes, iaeiYEli8g gases a8EIIiEtYiEis reeevereEI ffem the Eleeempesitie8 ef898 fessilii5eEI &REI aieElegraElaele erga8ie material)]; (b) sum the resultant value from Subparagraph (a) ofParagraph (2) ofSubsection CCC of20.11.61.7 NMAC for each gas to compute a tpy C02 e. (3) The term "emissions increase" as used in Paragraphs (4) and (5) of Subsection CCC of 20.11.61.7 NMAC, shall mean that both a significant emissions increase (as calculated using the procedures in Subsection D of20.11.61.11 NMAC) and a significant net emissions increase (as defined in Subsection PP of 20.11.61.7 NMAC and Subsection 

### ZZ of20.11.61.7 NMAC) occur. For the pollutant GHGs, an emissions increase shall be based on tpy C02e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, and "significant" is defined as 75,000 tpy C02 e instead ofapplying the value in Table 2 of20.11.61.27 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 tpy C02e 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 ofa regulated NSR pollutant, and an emissions increase of75,000 tpy C02 e or more; and, (S) beginning July 1, 2011, in addition to the provisions in Paragraph (4) of Subsection CCC of20.11.61.7 NMAC, 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 tpy C02e; or (b) at an existing stationary source that emits or has the potential to emit 100,000 tpy C02 e, when such stationary source undertakes a physical change or change in the method ofoperation that will result in an emissions increase of75,000 tpy C02 e or more. 

### DDD. "Temporary source" means a stationary source which changes its location or ceases to exist within two years from the date ofinitial start ofoperations. 

### EEE. ''Visibility impairment" means any humanly perceptible change in visibility (visual range, contrast, coloration) from that which would have existed under natural conditions. 

### FFF. "Volatile organic compound (VOC)" means any compound ofcarbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, which participates in atmospheric photochemical reactions; this includes any such organic compound other than those which the administrator designates as having negligible photochemical reactivity under 40 CFR 51.100(s). [20.11.61.7 NMAC- Rp, 20.11.61.7 NMAC, 1/23/06; A, 5115/06; A, 8130/10; A, 1/10/11; A, 5/13/13; A, 5/29115]



### 20.11.61.11 APPLICABILITY: A. The requirements of20.11.61 NMAC apply to the construction ofany new major stationary

source or any project at an existing major stationary source in an area designated as attainment or unclassifiable. 

### B. [The reEfl:lifeFReats efSeetieas 2Q.1Uil.l2 

### NMAC aREI2Q.lUil.l3 NMAC, S1:1eseetieas A thre1:1gh C ef2Q.l Uil.l4 :NMAC, Paragraph (l) efS1:1eseetiea 8 ef2Q.1Uil.lS NMAC, S1:1eseetieas A a&El8 ef 2Q.l Uil.lfi NMAC, 2Q.ll.fil.l7**~lMAC, S~:~eseetieas**  A thre1:1gh C ef2Q.ll.fil.l8 NMAC, S1:1eseetieas 8 aaEI C ef 2Q.ll.fil.21 NMAC aaEl2Q.l Uil.24 NMAC applr te the ee&Stfl:letiea efaay aew majer statieaary sel:lfee er the majer meEiiaeatie8 efaay existiag m&jer statieaary sel:lfee, exeept as 2Q.ll.fil NMAC etherwise previEies. 

### C, :Ne aew majec statieaary sel:lfee er maj9f meeifieatiea te v;hieh the FeEJI:liremeats efSYeseetieas A, 8, C aaEl D ef2Q.ll.fil.l2 :NMi\C, Seetiea 2Q.ll.fil.l3 NMAC, S1:1eseetieBs A thre1:1gh C ef2Q.ll.fil.14 :NMAC, P&Fagraph (1) efS1:1eseetiea 8 ef2Q.ll.fil.1S NMAC,**S~:~eseetieas** l·. aaEI8 ef2Q.ll.fil.lfi NMl·.C, 2Q.ll.fil.l7 NMAC, S1:1eseetieBs A thre1:1gh C ef20.ll.fil.l8 

### :NMAC, SI:IBseetieBs 8 aaEI C ef2Q.ll.fil.21 :NMAC aaEI 20.11.fi 1.24 :NMAC apply shall !:legia aetl:lal eeastfl:letiea withaYt a peffRit that states that the majer statieaary sel:lfee er majer meEiiaeatiea 

# .,.,.m FReet these FeEfl:liremeats.] The requirements of20.11.61.12 NMAC through 20.11.61.18 NMAC. 20.11.61.21 NMAC and 20.11.61.24 NMAC apply to the construction ofany new major

20.11.61 NMAC 10stationary source or the major modification ofany existing major stationary source except as 20.11.61 NMAC otherwise provides. C. No new major stationary source or major modification to which the requirements ofSubsections A. B. C. and D of20.11.61.12 NMAC. 20.11.61.13 NMAC through 20.11.61.18 NMAC. 20.11.61.21 NMAC and 20.11.61.24 NMAC apply shall begin actual construction without a permit that states that the major stationary

source or major modification will meet those requirements. D. Applicability procedures. (1) Except as otherwise provided in Subsection E of20.11.61.11 NMAC, and consistent with the definition ofmajor modification, a project is a major modification for a regulated NSR pollutant ifit causes a significant emissions increase and a significant net emissions increase. The project is not a major modification ifit does not cause a significant emissions increase. Ifthe project causes a significant emissions increase, then the project is a major modification only if

### it also results in a significant net emissions increase. (2) The procedure for calculating (before beginning actual construction) whether a significant emissions increase (i.e., the first step ofthe process) will occur depends upon the type ofemissions units being modified, according to Paragraphs (3) through (5) ofSubsection D of20.11.61.11 NMAC. The procedure for calculating (before beginning actual construction) whether a significant net emissions increase will occur at the major stationary source (i.e., the second step ofthe process) is contained in the definition in Subsection PP of 20.11.61.7 NMAC. Regardless ofany such preconstruction projections, a major modification results ifthe project

causes a significant emissions increase and a significant net emissions increase. (3) Actual-to-projected-actual applicability test for projects that only involve existing emissions units. A significant emissions increase ofa regulated NSR pollutant is projected to occur ifthe sum of the difference between the projected actual emissions and the baseline actual emissions for each existing emissions unit equals or exceeds the significant amount for that pollutant. (4) Actual-to-potential test for projects that only involve construction ofa new emissions unit(s). A significant emissions increase ofa regulated NSR pollutant is projected to occur ifthe sum of the difference between the potential to emit from each new emissions unit following completion ofthe project and the baseline actual emissions ofthese units before the project equals or exceeds the significant amount for that pollutant. (5) Hybrid test for projects that involve multiple types ofemissions units. A significant emissions increase ofa regulated NSR pollutant is projected to occur ifthe sum ofthe emissions increases for each emissions unit, using the method specified in Paragraphs (3) and (4) ofSubsection D of20.11.61.11 NMAC as applicable with respect to each emissions unit, for each type ofemissions unit equals or exceeds the significant

amount for that pollutant. E. For any major stationary source for a PAL for a regulated NSR pollutant, the major stationary

source shall comply with requirements under 20.11.61.20 NMAC. · [20.11.61.11 NMAC- N, 1/23/06; A, 8/30/10; A, 1/10/11; A, 5/13/13; A, 5/29/15]

20.11.61 NMAC 11**.~'I** 

## II: 0 I

ld 1 I 

### TITLE 20 ENVIRONMENTAL PROTECTION CHAPTER 11 ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD PART 61 PREVENTION OF SIGNIFICANT DETERIORATION

20.11.61.1 ISSUING AGENCY: Albuquerque- Bernalillo County Air Quality Control Board. P.O. Box 1293, Albuquerque, NM 87103. Telephone: (505) 768-2601. [20.11.61.1 NMAC

- Rp, 20.11.61.1 NMAC, 1123/06; A, 8/30/10]

20.11.61.2 SCOPE: Any person constructing any new major stationary source or major modification, as defined in 20.11.61 NMAC, that emits or will emit regulated new source review (NSR) pollutants in an attainment

or unclassifiable area shall obtain a permit from the department in accordance with the requirements of20.11.41 NMAC, Authority-to-Construct, 

### and 20.11.61 NMAC prior to the construction or modification. A. Exempt: (1) sources within Bernalillo county which are located on Indian lands over which the Albuquerque-Bernalillo county air quality control board lacksjurisdiction; (2) each regulated NSR pollutant emitted by a source or modification located in a nonattainment area for that pollutant; (3) after a public hearing, consistent with the public notice and participation provisions of 20.11.41 NMAC, Authority-to-Construct, 

### the board may exempt major stationary sources or major modifications if: (a) the major stationary source would be a nonprofit health or nonprofit educational institution, or a major modification that would occur at such an institution; or (b) the source or modification is a portable stationary source which has previously received a permit pursuant to 20.11.61 NMAC if: (i) 

### the owner or operator proposes to relocate the source, and emissions from the source at the new location would 

### be temporary; and (ii) 

### the emissions from the source would not exceed its allowable emission rate; and (iii) 

### the emissions from the source would not impact any federal class I area

nor any area where an applicable increment is known to be violated; and (iv) reasonable notice is given to the department prior to the relocation identifying the proposed new location and the probable duration ofoperation at the new location; such notice shall be given to the department not less than lO days in advance ofthe proposed relocation unless a different time duration is previously approved by the department; (4) sources or modifications that would be major only ifquantifiable fugitive emissions are considered in calculating the potential to emit, and the source does not belong to: (a) any category in Table I of20.11.61.26 NMAC; or (b) any other stationary source category which as ofAugust 7, 1980, is being regulated under Section Ill or 112 ofthe act. B. Variances: The director may grant a variance to any person constructing a major stationary

source or major modification from the federal class I maximum allowable increases consistent with the requirements listed in 40 CFR 52.21(p)(5). [20.11.61.2 NMAC- Rp, 20.11.61.2 NMAC, 1/23/06; A, 8/30/10; A, 5/13/13]

20.11.61.3 STATUTORY AUTHORITY: 20.11.61 NMAC is adopted pursuant to the authority provided in the New Mexico Air Quality Control Act, NMSA 1978 Sections 74-2-4 and 74-2-5; the Joint Air Quality Control Board Ordinance; Bernalillo county Ordinance No. 94-5, Sections 4 and 5; and the Joint Air Quality Control Board Ordinance, Revised Ordinances ofAlbuquerque 1994 Sections 9-5-1-3 and 9-5-1-4. [20.11.61.3 NMAC- Rp, 20.11.61.3 NMAC, 1123/06]

20.11.61.4 DURATION: Permanent. [20.11.61.4 NMAC- Rp, 20.11.61.4 NMAC, 1123/06]

20.11.61.5 EFFECTIVEDATE: January 23, 2006, unless a later date is cited at the end ofa section. [20.11.61.5 NMAC- Rp, 20.11.61.5 NMAC, 1/23/06; A, 5/13/13]

20.11.61 NMAC20.11.61.6 OBJECTIVE: To minimize air pollutant emissions from new major stationary sources or major modifications in areas classified as in attainment ofthe national ambient air quality standards (NAAQS) or determined to be unclassifiable pursuant to Section 107(d) ofthe act. [20.11.61.6 NMAC- Rp, 20.11.61.6 NMAC, 1/23/06; A, 1/10/11; A, 5/13/13]

20.11.61.7 DEFINITIONS: In addition to the definitions in 20.11.61 NMAC, the definitions in 20.11.1 NMAC, General Provisions, shall apply unless there is a conflict between definitions, in which case the definition in 20.11.61 NMAC shall govern. 

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

### B. "Actual emissions" means the actual rate ofemissions ofa regulated NSR pollutant from an emissions unit, as determined in accordance with Paragraphs (2) through ( 4) ofSubsection 

### B of20.11.61.7 NMAC. (1) This definition shall not apply for calculating whether a significant emissions increase has occurred, or for establishing a PAL under 20.11.61.20 NMAC. Instead, Subsections I and VV of20.11.61.7 NMAC shall apply for those purposes. (2) In general, actual emissions as ofa 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 ofnormal source operation. The department shall allow the use ofa different time period upon a determination that it is more representative ofnormal source operation. Actual emissions shall 

### be calculated using the unit's actual operating hours, production rates, and types ofmaterials processed, stored, or combusted during the selected time period. (3) The department may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions ofthe unit. (4) For any emissions unit that has not begun normal operations on the particular date, actual emissions shall equal the potential to emit ofthe unit on that date. 

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

an authorized representative. 

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

### E. "Airquality related values (AQRV)" means visibility and other scenic, cultural, physical, biological, ecological, or recreational resources which may be affected by a change in air quality resulting from the emissions ofa proposed major stationary source or major modification that interferes with the management, protection, preservation, or enjoyment ofthe AQRV ofa federal class I area. 

### F. "AUowable emissions" means the emissions rate ofa stationary source calculated using the maximum rated capacity ofthe source (unless the source is subject to federally enforceable limits which restrict the operating rate, or hours ofoperation, or both) and the most stringent ofthe following: (1) the applicable standards as set forth in 40 CFR Parts 60 and 61; (2) the applicable state implementation plan emissions limitation, including those with a future compliance date; or (3) the emissions rate specified as a federally enforceable permit condition, including those with a future compliance date. 

### G. "Associated emission sources" means secondary emissions and all reasonably foreseeable emissions ofregulated pollutants from the growth ofgeneral residential, commercial, industrial, governmental emission sources and other mobile and non-mobile emission sources which are associated with or support the proposed new major stationary source or major modification. Other mobile and non-mobile emission sources shall include, but not be limited to, new highways and roads or improvements to existing highways and roads to increase capacity, new parking facilities or improvements to existing parking facilities to increase capacity, service enhancements to ground and air public transportation to include the building ofnew public transportation facilities

or improvements to existing public transportation facilities to increase capacity; and the building ofnew public or private educational facilities or improving existing public or private educational facilities to increase enrollment.

20.11.61 NMAC 2

### H. "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 NAAQS for such pollutant, and is so designated under Section 107(d)(l)(D) or (E) ofthe act. L "Baseline actual emissions" means the rate ofemissions, in tons per year, ofa regulated NSR pollutant, as determined in accordance with Paragraphs (1)-(4) ofSubsection I of20.11.61.7 NMAC. (1) 

### For any existing electric utility steam generating unit, baseline actual emissions means the average rate, in tons per year, at which the unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the five year period immediately preceding when the owner or operator begins actual construction ofthe project. The department shall allow the use ofa different time period upon a determination that it is more representative ofnormal source operation. (a) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. (b) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period. (c) For a regulated NSR 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 NSR 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 ifrequired by 

### Subparagraph (b) ofParagraph (1) ofSubsection I of20.11.61.7 NMAC. (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 ofthe project, orthe date a complete permit application is received by the department for a permit required either under 20.11.61 NMAC or under a plan approved by the administrator, whichever is earlier, except that the 10 year period shall not include any period earlier than November 15, 1990. (a) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. (b) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period. (c) The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply, had such major stationary source been required to comply with such limitations during the consecutive 24-month period. However, ifan emission limitation is part ofa maximum achievable control technology standard that the administrator proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted if the state has taken credit for such emissions reductions in an attainment demonstration or maintenance plan consistent with the requirements of40 CFR 51.165(a)(3)(ii)(G). (d) For a regulated NSR 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 NSR 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 ifrequired by Subparagraphs (b) and (c) ofParagraph (2) ofSubsection I of20.11.61.7 NMAC. (3) For a new emissions unit, the baseline actual emissions for purposes ofdetermining the emissions increase that will result from the initial construction and operation ofsuch 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 Subsection I of20.11.61.7 NMAC, for other existing emissions units in accordance with the procedures contained in Paragraph (2) ofSubsection I of20.11.61.7 NMAC, and for a new emissions unit in accordance with the procedures contained in Paragraph (3) ofSubsection I of20.11.61.7 NMAC. 

### J. "Baseline area"

20.11.61 NMAC 

### 3(1) Means any intrastate area (and every part thereoO designated as attainment or unclassifiable under Section 107(d)(1)(A)(ii) or (iii) ofthe act 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 (1 Jlg/m3) (annual average) for S02, N02 or PM 10; or equal to or greater than 0.3 Jlg/m3 (annual average) for PMu. (2) Area redesignations under Section 107(d)(l)(A)(ii) or (iii) ofthe act cannot intersect or be smaller than the area ofimpact ofany major stationary source or major modification which: (a) establishes a minor source baseline date; or (b) is subject to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166, and would be constructed in the same state as the state proposing the redesignation. (3) Any baseline area established originally for total suspended particulates (TSP) increments shall remain in effect and shall apply for purposes ofdetermining the amount ofavailable PM 10 increments, except that such baseline area shall not remain in effect ifthe department rescinds the corresponding minor source baseline date in accordance with Paragraph (3) of Subsection MM of20.11.61.7 NMAC. 

### K. "Baseline concentration" means that ambient concentration level that exists in the baseline area at the time ofthe 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 representative of sources in existence on the applicable minor source baseline date, except as provided in Paragraph (2) ofSubsection 

### K of20.11.61.7 NMAC; (b) the allowable emissions ofmajor 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 from any major stationary source on which construction commenced after the major source baseline date; and (b) actual emissions increases and decreases at any stationary source occurring after the minor source baseline date. 

### L. "Begin actual construction" means, in general, the initiation ofphysical onsite construction activities on an emissions unit which are ofa permanent nature. Such activities include, but are not limited to, installation ofbuilding supports and foundations, laying ofunderground pipework and construction ofpermanent storage structures. With respect to a change in method ofoperation, this term refers to those on-site activities, other than preparatory activities which mark the initiation ofthe change. 

### M. "Best available control technology (BACT)" means an emissions limitation (including a visible emission standard) based on the maximum degree ofreduction for each regulated NSR pollutant which would be emitted from any proposed major stationary source or major modification, which the director on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application ofproduction processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control ofsuch pollutant. In no event shall application ofbest 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. Ifthe director determines that technological or economic limitations on the application ofmeasurement methodology to a particular emissions unit would make the imposition ofan emissions standard infeasible, a design, equipment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the application ofbest available control technology. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation ofsuch design, equipment, work practice, or operation, and shall provide for compliance by means which achieve equivalent results. N. "Building, structure, facility orinstallation" means all ofthe 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 ofthe same person (or persons under common control) except the activities ofany vessel. Pollutantemitting activities shall be considered as part ofthe same industrial grouping ifthey 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.

20.11.61 NMAC 4

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

### I" as listed in 20.11.61.25 NMAC. 

### P. "Commence" as applied to construction ofa major stationary source or major modification,

means that the owner or operator has all necessary preconstruction approvals or permits and either has: (1) begun, or caused to begin, a continuous program ofactual on-site construction ofthe
source, to be completed within a reasonable time; or (2) entered into binding agreements or contractual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program ofactual construction ofthe

source to be completed within a reasonable time. 

### Q. "Complete" means, in reference to an application for a permit, that the department has determined the application contains all ofthe information necessary for processing the application. Designating an application complete for purposes ofpermit processing does not preclude the department from requesting or accepting any additional information. 

### R. "Construction" means any physical change or change in the method ofoperation (including fabrication, erection, installation, demolition, or modification ofan emissions unit) that would result in a change in emissions. 

### S. "Continuous emissions monitoring system (CEMS)" means all ofthe equipment that may be required to meet the data acquisition and availability requirements of20.11.61 NMAC, to sample, condition (if applicable), analyze, and provide a record ofemissions on a continuous basis. 

### T. "Continuous emissions rate monitoring system (CERMS)" means the total equipment required for the determination and recording ofthe pollutant mass emissions rate (in terms ofmass per unit oftime). 

### U. "Continuous parameter monitoring system (CPMS)" means all ofthe equipment necessary to meet the data acquisition and availability requirements of20.11.61 NMAC, to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, 0 2 or C02 concentrations), and to record average operational parameter value(s) on a continuous basis. 

### V. "Department'' means the city ofAlbuquerque, environmental health department or its successor agency. 

### W. "Director'' means the director ofthe city ofAlbuquerque, environmental health department or the director ofits successor agency. 

### X. "Electric utility steam generating unit" means any steam electric generating unit that is constructed for the purpose ofsupplying more than one-third ofits 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 ofproviding steam to a steam-electric generator that would produce electrical
energy for sale is also considered in determining the electrical energy output capacity ofthe affected facility. 

### Y. "Emissions unit'' means any part ofa stationary source that emits or would have the potential to emit any regulated NSR pollutant and includes an electric utility steam generating unit as defined in 20.11.61.7 NMAC. For purposes of20.11.61 NMAC, there are two types ofemissions units as follows: (1) a new emissions unit is any emissions unit that is (or will be) newly constructed and that has existed for less than two years from the date such emissions unit first operated; (2) an existing emissions unit is any emissions unit that does not meet the requirements in Paragraph (1) ofSubsection Y of20.11.61.7 NMAC. A replacement unit is an existing unit. 

# z. "Federal land manager'' means, with respect to any lands in the United States, a federal level cabinet secretary ofa federal level department (e.g. interior department) with authority over such lands. 

### AA. "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 (SIP); (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 operating permits issued under an EPA-approved program that expressly requires adherence to any permit issued under such program.

### BB. "Fugitive emissions" means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.

20.11.61 NMAC 

### 5CC. 

### "Greenhouse gases" or "GHGs" means the air pollutant defined in§ 86.1818-12(a) ofChapter I ofTitle 40 ofthe CPR, as the aggregate group ofsix greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrotluorocarbons, pertluorocarbons, and sulfur hexafluoride. 

### DD. "High terrain" means any area having an elevation 900 feet or more above the base ofa source's stack. 

### EE. "Indian governing body" means the governing body ofany tribe, band, or group ofIndians subject to thejurisdiction ofthe United States and recognized by the United States as possessing power ofselfgovernment. 

### FF. "Innovative control technology" means any system ofair pollution control that has not been adequately demonstrated in practice, but would have a substantial likelihood ofachieving greater continuous emissions reduction than any control system in current practice or achieving at least comparable reductions at lower
cost in terms ofenergy, economics, or non-air quality environmental impacts. 

### GG. "Low terrain" means any area other than high terrain. 

### HH. "Lowest achievable emission rate (LAER)" means, for any source, the more stringent rate of emissions based on the following:

· (1) the most stringent emissions limitation which is contained in the implementation plan of
any state for such class or category ofstationary source, unless the owner or operator ofthe 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 ofstationary 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 ofthis
term permit a proposed new or modified stationary source to emit any pollutant in excess ofthe amount allowable under an applicable new source standard ofperformance. 

### II. "Major modification" (1) Means any physical change in or change in the method ofoperation ofa major stationary

source that would result in: a significant emissions increase ofa regulated NSR pollutant; and a significant net emissions increase ofthat pollutant from the major stationary source. (2) Any significant emissions increase from any emissions units or net emissions increase at

a major stationary source that is significant for volatile organic compounds or oxides ofnitrogen shall be considered significant for ozone. (3) A physical change or change in the method ofoperation shall not include: (a) routine maintenance, repair, and replacement; (b) use ofan alternative fuel or raw material by reason of an order under Section 2(a) and (b) ofthe Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason ofa natural gas curtailment plan pursuant to the Federal Power Act; (c) use ofan alternative fuel by reason ofan order or rule under Section 125 ofthe act; 

### {d) use ofan alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste; (e) use ofan alternative fuel or raw material by a stationary source which: (i) the source was capable ofaccommodating 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 Subpart I or40 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 ofoperation or in the production rate, 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 Subpart I or40 CFR 51.166; (g) any change in ownership at a stationary source; (h) the installation, operation, cessation, or removal ofa 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) the project and after it is terminated; other requirements necessary to attain and maintain the NAAQS during

20.11.61 NMAC 6(i) the installation or operation ofa 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 NSR pollutant emitted by the unit; this exemption shall apply on a pollutant-by-pollutant basis; or (j) the reactivation ofa very clean coal-fired electric utility steam generating unit. (4) This definition shall not apply with respect to a particular regulated NSR pollutant when the major stationary source is complying with the requirements under 20.11.61.20 NMAC for a PAL for that pollutant. Instead, the definition at Paragraph (8) ofSubsection B of20.11.61.20 NMAC shall apply. 

### JJ, "Major source baseline date" means: (1) in the case ofPM 10 and sulfur dioxide, January 6, 1975; (2) in the case of nitrogen dioxide, February 8, 1988; and (3) in the case ofPM2.s, October 20, 2010. KK. "Major stationary source" (1) means: (a) any stationary source listed in Table 1 of20.11.61.26 NMAC which emits, or has the potential to emit, 100 tons per year or more ofany regulated NSR pollutant; (b) notwithstanding the stationary source categories specified in Subparagraph (a) ofParagraph (1) ofSubsection KK of20.11.61.7 NMAC, any stationary source which emits, or has the potential to emit, 250 tons per year or more ofany regulated NSR pollutant; or (c) any physical change that would occur at a stationary source not otherwise qualifying under Subsection KK of20.11.61.7 NMAC, as a major stationary source ifthe change would constitute a major stationary source by itself. (2) A major source that is major for volatile organic compounds or oxides of nitrogen shall be considered major for ozone. (3) The fugitive emissions of a stationary source shall not be included in determining whether it is a major stationary source, unless the source belongs to one ofthe stationary source categories found in Table 1 of20.11.61.26 NMAC or any other stationary source category which, as ofAugust 7, 1980, is being regulated under Section 111 or 112 ofthe act. LL. "Mandatory federal class 

### I area" means any area identified in 40 CFR Part 81, Subpart D. MM. "Minor source baseline date" means the earliest date after the trigger date on which a major stationary source or major modification subject to 40 CFR 52.21, or to regulations approved pursuant to 40 CFR 51.166, submits a complete application under the relevant regulations. (1) The trigger dates are: (a) August 7, 1977, for PM 10 and sulfur dioxide; and (b) February 8, 1988 for nitrogen dioxide; and (c) October 20, 2011, for PMz.s. (2) The baseline date is established for each pollutant for which increments or other equivalent measures have been established if: (a) the area in which the proposed major stationary source or major modification would construct is designated as attainment or unclassifiable under Section 107(d)(l)(A)(ii) or (iii) ofthe federal act for the pollutant on the date ofits complete application under 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166; and (b) in the case ofa major stationary source, the pollutant would be emitted in significant amounts, or in the case ofa major modification, there would be a significant net emissions increase ofthe pollutant. (3) Any minor source baseline date established originally for the TSP increments shall remain in effect and shall apply for purposes ofdetermining the amount ofavailable PM 10 increments, except that the department may rescind any such minor source baseline date where it can be shown, to the director's satisfaction that, either 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 ofPM 10 emissions. NN. "Natural conditions" includes naturally occurring phenomena that reduce visibility as measured in terms ofvisual range, contrast or coloration. 

### 00. ''Necessary preconstruction approvals or permits" mean those permits or approvals required under federal air quality control laws and regulations and those air quality control laws and regulations which are part ofthe New Mexico state implementation plan. PP. "Net emissions increase"

20.11.61 NMAC 7(1) Means, that with respect to any regulated NSR pollutant emitted by a major stationary
source, the amount by which the sum ofthe following exceeds zero: (a) the increase in emissions from a particular physical change or change in the method ofoperation at a stationary source as calculated pursuant to Subsection D of20.11.61.11 NMAC; and (b) any other increases and decreases in actual emissions at the major stationary

source that are contemporaneous with the particular change and are otherwise creditable; baseline actual emissions for calculating increases and decreases shall be determined as provided in Subsection I of20.11.61.7 NMAC, except that Subparagraph (c) ofParagraph (1) and Subparagraph (d) ofParagraph (2) ofSubsection I of20.11.61.7 NMAC shall not apply. (2) An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if 

### it occurs between: (a) the date five years prior to the commencement ofconstruction on the particular change; and (b) 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 between: (i) the date five years prior to the commencement ofconstruction on the particular change; and (ii) 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 40 CFR 51.166, which permit is in effect when the increase in actual emissions from the particular change occurs; and (c) the increase or decrease in emissions did not occur at a 

### clean unit, as defined in 40 CFR 51.166 (b)(3)(iii)(c) and Federal Register Vol. 76 No. 61, 3/30/11, p. 17554. (d) As it pertains to an increase or decrease in fugitive emissions (to the extent quantifiable), it occurs at an emissions unit that is part ofone ofthe source categories listed in Paragraph (3) of Subsection KK of20.11.61.7 NMAC or 

### it occurs at an emission unit that is located at a major stationary source that belongs to one ofthe listed source categories. Fugitive emission increases or decreases are not included for those emissions units located at a facility whose primary activity is not represented by one ofthe source categories listed in Paragraph (3) ofSubsection KK of20.11.61.7 NMAC and that are not, by themselves, part ofa listed source category., (4) An increase or decrease in actual emissions ofsulfur dioxide, particulate matter, or oxides ofnitrogen that occurs before the applicable minor source baseline date is creditable only ifit is required to be considered in calculating the amount ofmaximum allowable increases remaining available. (5) An increase in actual emissions is creditable only to the extent that the new level ofactual emissions exceeds the old level. (6) A decrease in actual emissions is creditable only to the extent that: (a) the old level ofactual emissions or the old level ofallowable emissions, whichever is lower, exceeds the new level ofactual 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; and (7) an increase that results from a physical change at a source occurs when the emissions unit

on which construction occurred becomes operational and begins to emit a particular pollutant; any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days. (8) Paragraph (2) ofSubsection B of20.11.61.7 NMAC shall not apply for determining creditable increases and decreases. QQ. 

### "Nonattainment area" means an area which has been designated under Section 107 ofthe act as nonattainment for one or more ofthe NAAQS by EPA. RR. 

### "Portable stationary source" means a source which can be relocated to another operating site with limited dismantling and reassembly. SS. 

### "Potential 

### to emif' means the maximum capacity ofa stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity ofthe source to emit a pollutant, including air pollutant control equipment and restrictions on hours ofoperation or on the type or amount ofmaterial combusted, stored, or processed, shall be treated as part ofits design ifthe limitations or the effect the

20.11.61 NMAC 

### 8limitation would have on emissions is federally enforceable. Secondary emissions do not count in determining the potential to emit ofa stationary source. TT. 

### "Predictive emissions monitoring system (PEMS)" means all ofthe 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, 0 2 or C02 concentrations), and calculate and record the mass emissions rate (for example, lblhr) on a continuous basis. UU. 

### "Project'' means a physical change in, or change in method ofoperation of, an existing major stationary source. 

### VV. "Projected actual emissions" (1) Means the maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated NSR pollutant in any one ofthe five years ( 12-month period) following the date the unit resumes regular operation after the project, or in any one ofthe 10 years following that date, ifthe project involves increasing the emissions unit's design capacity or its potential to emit that regulated NSR pollutant, and full utilization ofthe unit would result in a significant emissions increase, or a significant net emissions increase at the major stationary source. (2) In determining the projected actual emissions (before beginning actual construction), the

owner or operator ofthe major stationary source: (a) shall consider all relevant information, including but not limited to, historical operational data, the company's own representations, the company's expected business activity and the company's highest projections ofbusiness activity, the company's filings with the state or federal regulatory authorities, and compliance plans under an approved SIP; and (b) shall include fugitive emissions to the extent quantifiable and emissions associated with startups, shutdowns, and malfunctions; and (c) shall exclude, in calculating any increase in emissions that results from the particular project, that portion ofthe 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 I of20.11.61.7 NMAC and that are also unrelated to the particular project, including any increased utilization due to product demand growth; or (3) in lieu ofusing the method set out in Subparagraphs (a)-(c) ofParagraph (2) of Subsection VV of20.11.61.7 NMAC, may elect to use the emissions unit's potential to emit in tons per year. WW. 

### "Regulated new source review pollutant'' or "regulated NSR pollutant" means the following: (1) any pollutant for which a NAAQS has been promulgated; this includes, but is not limited
to the following: (a)**PM .~**  emissions and PM 10emissions shall include gaseous emissions from a

source or activity which condense to form particulate matter at ambient temperatures; on or after January l, 2011, such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for**PM .~**  and PM 10 in PSD permits; compliance with emissions limitations for**PM2.~** and PMto issued prior to this date shall not be based on condensable particulate matter unless required by the terms and conditions ofthe permit or the applicable implementation plan; applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation of40 CFR 51.166 unless the applicable implementation plan required condensable particulate matter to be included; (b) any pollutant identified under Subparagraph (b) ofParagraph (1) ofSubsection WW of20.11.61.7 NMAC as a constituent or precursor to a pollutant for which a NAAQS has been promulgated;
precursors identified by the administrator for purposes ofNSR are the following: (i) volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and unclassifiable areas; 

### (ii) sulfur dioxide is a precursor to PMB in all attainment and unclassifiable areas; (iii) nitrogen oxides are presumed to be precursors to PM2

.5 in all attainment and unclassifiable areas, unless the state demonstrates to the administrator's satisfaction orEPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area's ambient PM**.~** concentrations; 

### (iv) volatile organic compounds are presumed not to be precursors to PM2.s in any attainment or unclassifiable area, unless the state demonstrates to the administrator's satisfaction orEPA demonstrates that emissions ofvolatile organic compounds from sources in a specific area are a significant contributor to that area's ambient PM2

.5 concentrations;

20.11.61 NMAC 

### 9

### (2) any pollutant that is subject to 

### any standard promulgated under Section Ill ofthe act; (3) 

### any class I or II 

### substance subject to a standard promulgated under or established by Title VI ofthe act; (4) 

### any pollutant that otherwise is "subject to regulation" under the act as defined in Subsection CCC of20.11.61.7 NMAC; (5) 

### notwithstanding Paragraphs (I) 

### through (4) ofSubsection WW 

### of20.11.61.7 NMAC, 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) ofthe act, and which have not been delisted pursuant to Section 112(b)(3) ofthe act, unless the listed hazardous air pollutant is also regulated as a constituent or precursor of

a general pollutant listed under Section 108 ofthe act; (6) 

### particulate matter (PM) emissions, PM2

### .s 

### emissions, and PM10 

### emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures; on
or after January 1, 2011 (or any earlier date established in the upcoming rulemaking codifying test methods), such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM, PMu and PM10 

### in PSD permits; compliance with emissions limitations for PM, PM25 

### and PM 10 

### issued prior to this date shall not be based on condensable particulate matter unless required by the terms and conditions ofthe permit or the applicable implementation plan; applicability determinations made prior to this date without accounting for condensable particulate matter shall not be 

### considered in violation of20.11.61 NMAC unless the applicable implementation plan required condensable particulate matter to be included. 

### XX. "Replacement unit" means an emission unit for which all ofthe 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 areconstructed unit within the meaning of40 

### CFR 60.15(b)(l), or the emissions unit completely takes the place ofan existing emissions unit. (2) 

### The emissions unit is identical to or functionally equivalent to the replaced emissions unit. (3) 

### The replacement unit does not change the basic design parameter(s) ofthe 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. Ifthe replaced emissions unit is brought back into operation, it shall constitute a new emissions unit. 

### YY. ''Secondary emissions" means emissions which occur as a result ofthe construction or operation ofa major stationary source or major modification, but do not come from the major stationary source or major modification itself. For the purpose of40 CFR 51.166, secondary emissions must be 

### specific, well defined, quantifiable, and impact the same general areas as the stationary source or modification which causes the secondary emissions. Secondary emissions include emissions from any offsite support facility which would not be 

### constructed

or increase its emissions except as a result ofthe construction or operation ofthe 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 ofa motor vehicle, from a train, or from a vessel. ZZ. 

### ''Significant" means: (1) 

### in reference to a net emissions increase or the potential ofa source to emit any ofthe pollutants listed in Table 2 of20.11.61.27 NMAC, a rate ofemissions that would equal or exceed any ofthe corresponding emission rates listed in Table 2 of20.11.61.27 NMAC; (2) 

### in reference to a net emissions increase or the potential ofa source to emit a regulated NSR pollutant that Paragraph (l) 

### ofSubsection 'ZZ

### of20.11.61.7 NMAC, does not list, any emissions rate; and (3) 

### notwithstanding Paragraph (1) 

### ofSubsection ZZ

### of20.11.6l.7 NMAC, any emissions
rate or any net emissions increase associated with a major stationary source or major modification, which would construct within 10 kilometers ofa class I area, and have an impact on such area equal to or greater than l !J.g/m3 

### (24-hour average). AAA. "Significant emissions increase" means, for aregulated NSR pollutant, an increase in emissions that is significant for that pollutant. BBB. 

### "Stationary source" means any building, structure, facility, or installation which emits, or may emit, any regulated NSR pollutant. CCC. 

### "Subject to 

### regulation" means, for any air 

### pollutant, that the pollutant is subject to either a provision in the Clean Air 

### Act, or a nationally-applicable regulation codified by the administrator in Subchapter C of Chapter I ofTitle 40 ofthe CFR, that requires actual control ofthe quantity ofemissions ofthat pollutant, and that such a control requirement has taken effect and is operative to control, limit or restrict the quantity ofemissions of that pollutant released from the regulated activity. Except that:

20.11.61 NMAC 10(1) Greenhouse gases (GHGs) shall not be subject to regulation except as provided in Paragraphs (4) and (5) ofSubsection CCC of20.ll.6l.7 NMAC and shall not be subject to regulation ifthe stationary source maintains its total source-wide emissions below the GHG PAL level, meets the requirements in 20.11.61.20 NMAC, and complies with the PAL permit containing the GHG PAL. (2) For purposes ofParagraphs (3) through (5) ofSubsection CCC of20.11.61.7 NMAC, the
term "tpy C02 equivalent emissions (C02e)" shall represent an amount ofGHGs emitted, and shall be computed as follows: (a) multiplying the mass amount ofemissions (tpy), for each ofthe six greenhouse
gases in the pollutant GHGs, by the gas's associated global warming potential published at Table A-1 to subpan A ofPart 98 ofChapter I ofTitle 40 ofthe CPR- Global Warming Potentials; (b) sum the resultant value from Subparagraph (a) ofParagraph (2) ofSubsection CCC of20.11.61.7 NMAC for each gas to compute a tpy C01e. (3) The term "emissions increase" as used in Paragraphs (4) and (5) ofSubsection CCC of 20.11.61.7 NMAC, shall mean that both a significant emissions increase (as calculated using the procedures in Subsection D of20.I 1.61.11 NMAC) and a significant net emissions increase (as defined in Subsection PP of 20.11.61.7 NMAC and Subsection 

### Z:Zof20.11.61.7 NMAC) occur. For the pollutant GHGs, an emissions increase shall be based on tpy C02e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, and "significant" is defined as 75,000 tpy C01e instead ofapplying the value in Table 2 of20.11.61.27 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 emit75,000 tpy C02 e 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 ofa regulated NSR pollutant, and an emissions increase of75,000 tpy C02 e or more; and, (5) beginning July 1, 2011, in addition to the provisions in Paragraph (4) ofSubsection CCC of20.11.61.7 NMAC, 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 tpy C01e; or (b) at an existing stationary source that emits or has the potential to emit 100,000 tpy C02e, when such stationary source undertakes a physical change orchange in the method ofoperation that will result in an emissions increase of75,000 tpy C02 e or more. DDD. "Temporary source" means a stationary source which changes its location orceases to exist within two years from the date ofinitial start ofoperations. EEE. ''Visibility impairment" means any humanly perceptible change in visibility (visual range, contrast, coloration) from that which would have existed under natural conditions. FFF. "Volatile organic compound (VOC)" means any compound ofcarbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, which panicipates in atmospheric photochemical reactions; this includes any such organic compound other than those which the administrator designates as having negligible photochemical reactivity under 40 CFR 51.100(s). [20.11.61.7 NMAC- Rp, 20.11.61.7 NMAC, 1123/06; A, 5/15/06; A, 8/30110; A, 1110/11; A, 5113/13]

20.11.61.8 SAVINGS CLAUSE: Any amendment to 20.11.61 NMAC, Prevention of Significant Deterioration that is filed with the state records center and archives shall not affect actions pending for violation ofa city orcounty ordinance or board regulation. Prosecution for a violation under priorregulation wording shall be governed and prosecuted under the statute, ordinance, part or section in effect at the time the violation was committed. [20.11.61.8 NMAC

- Rp, 20.11.61.9 NMAC, 1123/06]

20.11.61.9 SEVERABILITY: Ifany section, paragraph, sentence, clause, or word of20.11.61 NMAC or any federal standards incorporated herein is for any reason held to be unconstitutional or otherwise invalid by any court, the decision shall not affect the validity ofremaining provisions of20.11.61 NMAC. [20.11.61.9 NMAC- Rp, 20.11.61.10 NMAC, 1123/06]

20.11.61.10 DOCUMENTS: Documents incorporated and cited in 20.11.61 NMAC may be viewed at the Albuquerque environmental health department, One Civic Plaza NW, 3rd Floor, Suite 3023, Albuquerque, NM 87102.

20.11.61 NMAC 11[20.11.61.10 NMAC**~** Rp, 20.11.61.11 NMAC, 1/23/06; A, 5/13/13]



### 20.11.61.11 APPLICABILITY: A. The requirements of20.11.61 NMAC apply to the construction ofany new major stationary

source or any project at an existing major stationary source in an area designated as attainment or unclassifiable. 

### B. The requirements of20.11.61.12 NMAC through 20.11.61.18 NMAC, 20.11.61.21 NMAC and 20.11.61.24 NMAC apply to the construction ofany new major stationary source or the major modification ofany existing major stationary source except as 20.11.61 NMAC otherwise provides. C. No new major stationary source or major modification to which the requirements ofSubsections A, B, C, and D of20.ll.61.12 NMAC, 20.11.61.13 NMAC through 20.11.6l.l8 NMAC, 20.11.61.21 NMAC and 20.11.61.24 NMAC apply shall begin actual construction without a permit that states that the major stationary

source or major modification will meet those requirements. 

### D. Applicability procedures. (1) Except as otherwise provided in Subsection E of20.11.61.11 NMAC, and consistent with the definition ofmajor modification, a project is a major modification for a regulated NSR pollutant ifit causes a significant emissions increase and a significant net emissions increase. The project is not a major modification ifit does not cause a significant emissions increase. 

### Ifthe project causes a significant emissions increase, then the project is a major modification only ifit also results in a significant net emissions increase. (2) The procedure for calculating (before beginning actual construction) whether a significant emissions increase (i.e., the first step ofthe process) will occur depends upon the type ofemissions units being modified, according to Paragraphs (3) through (5) ofSubsection 

### D of20.11.6l.ll NMAC. The procedure for calculating (before beginning actual construction) whether a significant net emissions increase will occur at the major stationary source (i.e., the second step ofthe process) is contained in the definition in Subsection PP of 20.11.61.7 NMAC. Regardless ofany such preconstruction projections, a major modification results ifthe project

causes a significant emissions increase and a significant net emissions increase. (3) Aetual·to·projeded-actual applicability 

### test for projeds that only involve existing emissions units. A significant emissions increase ofa regulated NSR pollutant is projected to occur ifthe sum of the difference between the projected actual emissions and the baseline actual emissions for each existing emissions unit equals or exceeds the significant amount for that pollutant. (4) Actual-to-potential test for projects that only involve eonstruetion of

### a new emissions unit(s). A significant emissions increase ofa regulated NSR pollutant is projected to occur ifthe sum of the difference between the potential to emit from each new emissions unit following completion ofthe project and the baseline actual emissions ofthese units before the project equals or exceeds the significant amount for that pollutant. (5) Hybrid testfor projeets that involve multiple types ofemissions units. A significant emissions increase ofa regulated NSR pollutant is projected to occur ifthe sum ofthe emissions increases for each emissions unit, using the method specified in Paragraphs (3) and (4) ofSubsection D of20.11.61.1 1 NMAC as applicable with respect to each emissions unit, for each type ofemissions unit equals or exceeds the significant
amount for that pollutant. 

### E. For any major stationary source for a PAL for a regulated NSR pollutant, the major stationary

source shall comply with requirements under 20.11.61.20 NMAC. [20.11.61.11 NMAC- N, 1/23/06; A, 8/30/10; A, 1/10111; A, 5/13/13; A, 5/29/15]



### 20.11.61.12 OBLIGATIONS OF OWNERS OR OPERATORS OF SOURCES: A. Any owner or operator who begins actual construction or operates a source or modification without, or not in accordance with, a permit issued under the requirements of20.11.61 NMAC shall be subject to enforcement action. 

### B. Approval to construct shall not relieve any person from the responsibility to comply fully with the provisions ofthe Air Quality Control Act, Sections 74-2-1 to 74-2-17, NMSA 1978; any applicable regulations of the board; and any other requirements under local, state, or federal law. C. Approval to construct shall become invalid ifconstruction is not commenced within 18 months after receipt ofsuch approval, ifconstruction is discontinued for a period of 18 months or more, or ifconstruction is
not completed within a reasonable time; the administrator may extend the IS-month period upon a satisfactory showing that an extension isjustified; this provision does not apply to the time period between construction ofthe approved phases ofa phased construction project; each phase must commence construction within 18 months ofthe projected and approved commencement date.

20.11.61 NMAC 12D. At such time that a particular source or modification becomes a major stationary source or major modification solely by virtue ofa relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity ofthe source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then 20.11.61 NMAC shall apply to the source or modification as though construction had not yet commenced on the source or modification. E. Except as otherwise provided in Paragraph (6) ofSubsection E of20.11.61.12 NMAC the following specific provisions apply with respect to any regulated NSR pollutant emitted from projects at existing emissions units at a major stationary source (other than projects at a source with a PAL) in circumstances where there is a reasonable possibility within the meaning ofParagraph (6) ofSubsection E of20.11.61.12 NMAC that a project that is not a part ofa major modification may result in a significant emissions increase ofsuch pollutant and the owner or operator elects to use the method specified in Paragraphs (l) through (3) ofSubsection VV of 20.11.61.7 NMAC for calculating projected actual emissions. (1) Before beginning actual construction ofthe project, the owner or operator shall document and maintain a record ofthe following information: (a) a description ofthe project; (b) identification ofthe emissions unit(s) whose emissions ofa regulated NSR pollutant could be affected by the project; and (c) a description ofthe applicability test used to determine that the project is not a major modification for any regulated NSR pollutant, including the baseline actual emissions, the projected actual emissions, the amount ofemissions excluded under Paragraph (3) ofSubsection VV of20.11.61.7 NMAC and an explanation for why such amount was excluded, and any netting calculations, ifapplicable. (2) Ifthe emissions unit is an existing electric utility steam generating unit, before beginning actual construction, the owner or operator shall provide a copy ofthe information set out in Paragraph (l) of Subsection E of20.ll.61.12 NMAC to the department. Nothing in Paragraph (2) ofSubsection E of20.ll.6l.l2 NMAC shall be construed to require the owner or operator ofsuch a unit to obtain any determination from the department before beginning actual construction; however, necessary preconstruction approvals and/or permits must be obtained before beginning actual construction. (3) The owner or operator shall monitor the emissions ofany regulated NSR pollutant that could increase as a result ofthe project and that is emitted by any emissions unit identified in Subparagraph (b) of Paragraph (l) ofSubsection E of20.11.61.12 NMAC; and calculate and maintain a record ofthe annual emissions, in tons per year on a calendar year basis, for a period offive years following resumption ofregular operations after the change, orfor a period of lO years following resumption ofregular operations after the change ifthe project increases the design capacity or potential to emit ofthat regulated NSR pollutant at such emissions unit. For purposes ofParagraph (3) ofSubsection E of20.11.61.12 NMAC, fugitive emissions (to the extent quantifiable) shall be monitored ifthe emissions unit is part ofone ofthe source categories listed in Table 1 of20.11.61.26 NMAC or ifthe emissions unit is located at a major stationary source that belongs to one ofthe listed source categories. (4) Ifthe unit is an existing electric utility steam generating unit, the owner or operator shall submit a report to the department within 60 days after the end ofeach year during which records must be generated under Subparagraph (c) ofParagraph (1) ofSubsection E of20.11.61.l2 NMAC setting out the unit's annual emissions during the calendar year that preceded submission ofthe report. (5) 

### Ifthe unit is an existing unit other than an electric utility steam generating unit, the owner

or operator shall submit a report to the department ifthe annual emissions, in tons per year, from the project identified in Paragraph (l) ofSubsection E of20.11.61.12 NMAC, exceed the baseline actual emissions (as documented and maintained pursuant to Subparagraph (c) ofParagraph (1) ofSubsection E of20.11.61.12 NMAC) by a significant amount for that regulated NSR pollutant, and ifsuch emissions differ from the preconstruction projection as documented and maintained pursuant to Subparagraph (c) ofParagraph (1) ofSubsection E of 20.11.61.12 NMAC. Such report shall be submitted to the department within 60 days after the end ofsuch year. The report shaU contain the following: the name, address and telephone number ofthe major stationary source; (a) (b) the annual emissions as calculated pursuant to Paragraph (3) ofSubsection E of 20.11.61.12 NMAC; and (c) any other information that the owner or operator wishes to include in the report (e.g., an explanation as to why the emissions differ from the preconstruction projection). (6) A "reasonable possibility" under Subsection E of20.11.61.12 NMAC occurs when the

owner or operator calculates the project to result in either:

20.11.61 NMAC 

### 13

### (a) a projected actual emissions increase ofat least 50 percent ofthe amount that is

a "significant emissions increase," as defined under Subsection AAA of20.11.61.7 NMAC (without reference to the amount that is a significant net emissions increase), for the regulated NSR pollutant; or (b) 

### a projected actual emissions increase that, added to the amount ofemissions excluded under Paragraph (3) ofSubsection VV of20.11.61.7 NMAC, sums to at least 50 percent ofthe amount that is a "significant emissions increase," as defined under Subsection AAA of20.11.61.7 NMAC (without reference to the amount that is a significant net emissions increase), for the regulated NSR pollutant; for a project for which a reasonable possibility occurs only within the meaning ofSubparagraph (b) ofParagraph (6) ofSubsection 

### E of 20.11.61.12 NMAC, and 

### not also within the meaning ofSubparagraph (a) ofParagraph (6) ofSubsection 

### E of 20.11.61.12 NMAC, then provisions ofParagraphs (2) through (5) ofSubsection E 

### of20.11.61.12 NMAC do not apply to the project. F. The owner or operator ofthe source shall make the information required to be documented and maintained pursuant to Subsection 

### E of20.11.61.12 NMAC available for review upon request for inspection by the department or the general public pursuant to the requirements contained in 40 CFR 

### 70.4(b)(3)(viii). [20.11.61.12 NMAC- Rp, 20.11.61.12 NMAC, 1123106; A, 8/30/10; A, 1/10/11; A, 5/13113]

20.11.61.13 SOURCE INFORMATION: The owner or operator ofa proposed source or modification shall submit all information necessary to perform any analysis or make 

### any determination required by 20.11.61 NMAC. A. Information shall include, but is not limited to: (1) 

### a description ofthe nature, location, design capacity, and typical operating schedule of the source or modification, including specifications and drawings showing the design and plant layout; and (2) 

### a detailed schedule ofconstruction ofthe source or modification; and (3) 

### a detailed description ofthe planned system ofcontinuous emission reduction for the

source or modification, emission estimates, and other information necessary to determine that best available control technology will be applied. 

### B. Upon request by the department, the owner or operator shall also provide information on: (1) 

### the air quality impact ofthe source or modification, including meteorological and topographic data necessary to estimate such impact; and (2) 

### the air quality impacts, and the nature and extent ofany or all general commercial, residential, industrial, and other growth which has occurred since August 7, 1977 in the area the 

### source or modification would affect. [20.11.61.13 NMAC- Rp, 20.11.61.13 NMAC, 1/23/06]

20.11.61.14 CONTROL TECHNOLOGY REVIEW AND INNOVATIVE CONTROL TECHNOLOGY: A. A new major stationary source shall apply best available control technology for each regulated NSR pollutant that it would have the potential to emit in amounts equal to or greater than the significance levels as listed in Table 2 of20.11.61.27 NMAC. This requirement applies to each proposed emissions unit or operation that**~~~~~** . 

### B. A major modification shall apply best available control technology for each regulated NSR pollutant at the source when a significant net emissions increase occurs. This requirement applies to each proposed emissions unit or operation where a net emissions increase in the pollutant would occur as a result ofa physical change or change in the method ofoperation in the unit. C. For phased construction projects, the determination ofbest available control technology shall be reviewed and modified as appropriate at the latest reasonable time but no later than 18 months prior to commencement ofconstruction ofeach independent phase ofthe project. At such time, the owner oroperator ofthe applicable stationary source may be required to demonstrate the adequacy ofany previous determination ofbest available control technology for the source. D. 

### Innovative control technology. The department may approve a system ofinnovative control technology for the major stationary source or major modification if: (1) 

### the proposed control system would not cause or contribute to an unreasonable risk to public health, welfare, or safety in its operation or function; and (2) 

### the owner or operator agrees to achieve a level ofcontinuous em1ssions reduction equivalent to that which would have been required under Subsection A of20.11.61.14 NMAC by a date specified by the department. Such date shall not be later than four years from the time ofstartup or seven years from permit issuance; and

20.11.61 NMAC 14(3) the source or modification would meet the requirements equivalent to 20.11.61.14 NMAC and 20.11.61.15 NMAC based on the emissions rate that the stationary source employing the system of innovative control technology would be required to meet on the date specified by the department; and (4) during the interim period ofachieving the permitted emission level, the source or modification would not: (a) cause or contribute to a violation ofan applicable NAAQS; nor (b) impact any federal class I area; nor (c) impact any area where an applicable increment is known to be violated; and (5) all other applicable requirements including those for public participation have been met. 

### E. The department shall withdraw any approval to employ a system ofinnovative control technology if: 

### (1) the proposed system fails by the specified date to achieve the required continuous emissions reduction rate; or (1) the proposed system fails before the specified date so as to contribute to an unreasonable risk to public health, welfare, or safety; or (3) the department decides at any time that the proposed system is unlikely to achieve the required level ofcontrol or to protect the public health, welfare, or safety. F. Ifa source or modification fails to meet the required level ofcontinuous emission reduction within the specified time period or the approval is withdrawn in accordance with Subsection E of20.11.61.14 NMAC, the department may allow the source or modification up to an additional three years to meet the requirement for the application ofbest available control technology through use ofa demonstrated system ofcontrol. G. Ifthe owner or operator ofa major stationary source or major modification previously issued a pennit under 20.11.61 NMAC applies for an extension, and the new proposed date ofconstruction is greater than 18 months from the date the permit would become invalid, the detennination ofbest available control technology shall be reviewed and modified as appropriate before such an extension is granted. At such time, the owner or operator of the applicable stationary source may be required to demonstrate the adequacy ofany previous determination ofbest available control technology for the source. [20.11.61.14 NMAC- Rp, 20.11.61.14 NMAC, l/23/06; A, 8/30110; A, 5/13113]



### 20.11.61.15 AMBIENT IMPACT REQUIREMENTS: A. The requirements of20.11.61.15 NMAC shall apply to each pollutant emitted by a new major stationary source or major modification in amounts equal to or greater than that in Table 2 of20.11.61.27 NMAC. For particulate matter, the source will only be required to perform ambient impact analysis for PM 10 when the source has the potential to emit significant amounts ofPM 10 as detennined from Table 2 of20.11.61.27 NMAC. 

### B. Source impact analysis. (1) Required demonstration. The owner or operator ofthe proposed source or modification shall demonstrate that the allowable emission increases from the proposed source or modification, in conjunction with all other applicable emissions increases orreductions, (including secondary emissions), would not cause or contribute to air pollution in violation of: (a) any NAAQS in any air quality control region; or (b) any applicable maximum allowable increase (as shown in Table 4 of 20.11.61.29 NMAC) over the baseline concentrations in any area. (2) Reserved C. The owner or operator ofthe proposed major stationary source or major modification shall demonstrate that neither a violation ofSubparagraph (a) or (b) ofParagraph (I) ofSubsection B of20.11.61.15 NMAC will occur. [20.11.61.15 NMAC- Rp, 20.11.61.15 NMAC, l/23/06; A, 8/30/10; A, 5/13/13]



### 20.11.61.16 ADDITIONAL IMPACTANALYSES: A. The owner or operator ofthe proposed major stationary source ormajor modification shall provide

an analysis ofthe impairment to visibility, soils, and vegetation that would occur as a result ofthe source or modification and general commercial, residential, industrial, and other growth associated with the source or modification. The owner or operator need not provide an analysis ofthe impact on vegetation having no significant commercial or recreational value. The analysis can use data or information available from the department.

20.11.61 NMAC 15B. The owner or operator shall also provide an analysis ofthe air quality impact projected for the area

as a result ofgeneral commercial, residential, industrial, and other growth associated with the source or modification. C. The department may require monitoring ofvisibility in any federal class I area where the department determines that an adverse impact on visibility may occur due primarily to the operations ofthe proposed new source or modification. Such monitoring shall be conducted following procedures approved by the department and subject to the following: (1) visibility monitoring methods specified by the department shall be reasonably available and not require any research and development; and (2) the cost ofvisibility monitoring required by the department shall not exceed 50 percent of the cost ofambient monitoring required by 20.11.61 NMAC; if ambient monitoring is not required, the cost shall be estimated as ifit were required for each pollutant to which 20.11.61 NMAC applies; (3) both preconstruction and post construction visibility monitoring may be required; in each
case, the duration ofsuch monitoring shall not exceed one year. [20.11.61.16 NMAC- Rp, 20.11.61.16 NMAC, 1/23/06; A, 8/30/10]

20.11.61.17 AMBffiNT AIR QUALITY MODELING: All estimates ofambient concentrations required by 20.11.61 NMAC shall be based on applicable air quality models, data bases, and other requirements as specified in Appendix W to 40 CFR Part 51, its revisions, or any superseding EPA document, and approved by the department. Where an 

### air quality model specified in the Appendix W to 40 CFR Part 51, Guideline onAir Quality Models, is inappropriate, the model may be modified or another model substituted. Any substitution or modification ofa model must be approved by the department. Notification shall be given by the department ofsuch a substitution or modification and the opportunity for public comment provided for in fulfilling the public notice requirements in Subsection 

### B of20.11.61.21 NMAC. The department will seek EPA approval of such substitutions or modifications. [20.11.61.17 NMAC

- Rp, 20.11.61.17 NMAC, 1/23/06; A, 8/30/10]

20.11.61.18 

## A. AIR QUALITY ANALYSIS AND MONITORING REQUIREMENTS: 

### Preapplication analysis. (1) Any application for a permit under regulations approved pursuant to 40 CFR 51.166 (e.g. 20.11.61 NMAC) shall contain an analysis ofambient air quality in the area that the major stationary source or major modification would affect for each ofthe following pollutants: (a) for a major stationary source, each pollutant that it would have the potential to emit in a significant amount; or (b) for a major modification, each pollutant for which it would result in a significant
net emission increase. (2) Ifno NAAQS for a pollutant exists, and there is an acceptable method for monitoring that pollutant, the analysis shall contain such air quality monitoring data as the department determines is necessary to

assess ambient air quality for that pollutant in any area that the emissions ofthat pollutant would affect. (3) For pollutants (other than nonmethane hydrocarbons) for which a standard does exist, the analysis shall contain continuous air quality monitoring data gathered for purposes ofdetermining whether emissions ofthat pollutant would cause or contribute to a violation ofthe standard or any maximum allowable increase. (4) The continuous air quality monitoring data that is required shall have been gathered over

a period ofone year and shall represent the one year period preceding receipt ofthe permit application. The department has the discretion to: (a) determine that a complete and adequate analysis can be accomplished with monitoring data gathered over a period shorter than one year but not less than four months; or (b) determine that existing air quality monitoring data is representative ofair quality in the affected area and accept such data in lieu ofadditional monitoring by the applicant. (5) Ozone monitoring shall be performed ifmonitoring data is required for volatile organic compounds or oxides of nitrogen. The owner or operator ofa proposed major stationary source or major modification ofvolatile organic compounds who satisfies all conditions of40 CFR Part 51 Appendix S, Section IV
may provide post-approval monitoring data for ozone in lieu ofproviding preconstruction data as required under Subsection A of20.11.61.18 NMAC.

20.11.61 NMAC 16B. Post-construction monitoring. The owner or operator ofa major stationary source or major modification shall, afterconstruction ofthe stationary source or modification, conduct such ambient monitoring as the department determines is necessary to determine the effect emissions from the stationary source or modification
may have, or are having, on airquality in any area, including monitoring to validate attainment ofambient 

### air quality standards and to assure that increments are not exceeded. C. Operation ofmonitoring stations. The owner or operator ofa major stationary source or major modification shall meet the requirements of40 CFR 58, Appendix 

### B during the operation ofmonitoring stations for
purposes ofsatisfying the requirements ofSubsections A through C of20.11.61.18 NMAC. 

### D. Exceptions. The department has the discretion to exempt a proposed major stationary source or major modification from the requirements ofSubsections A through C of20.11.61.18 NMAC with respect to monitoring for a particular pollutant if: (1) the emissions increase ofthe pollutant from a new stationary source or the net emissions increase ofthe pollutant from a modification would cause, in any area, 

### air quality impacts less than the levels listed in Table 3 of20.11.61.28 NMAC; (2) the existing ambient concentrations ofthe pollutant in the area affected by the source or modification are less than the concentrations listed in Table 3 of20.11.61.28 NMAC; or (3) the pollutant is not listed in Table 3 of20.11.61.28 NMAC. [20.11.61.18 NMAC- Rp, 20.11.61.18 NMAC, 1/23/06; A, 8/30/10; A, 5/13/13)



### 20.11.61.19 TEMPORARY SOURCE EXEMPTIONS: The requirements of Subsection 

### B of20.11.61.15 NMAC, 20.11.61.16 NMAC and 20.11.61.18 NMAC shall not apply to a major source or modification with respect
to a particular pollutant, ifthe allowable emissions ofthat pollutant from the source, or the net emissions increase of that pollutant from the modification: would not impact any federal class 

### I area or any areas where an applicable increment is known to be violated; and would be temporary. [20.11.61.19 NMAC- Rp, 20.11.61.19 NMAC, 1123/06; A, 8/30/10]



### 20.11.61.20 

## A. ACTUALS PLANTWIDE APPLICABILITY LIMITS (PALs): AppUcability. (1) The department may approve the use ofan actuals PAL, including for GHGs on either a

mass basis or a C02 e basis, for any existing major stationary source or any existing GHG-only source ifthe PAL
meets the requirements of 20.11.61.20 NMAC. The term "PAL" shall mean "actuals PAL" throughout 20.11.61.20 NMAC. (2) Any physical change in or change in the method ofoperation ofa major stationary source

or a GHG-only source that maintains its total source-wide emissions below the PAL level, meets the requirements of 20.11.61.20 NMAC, and complies with the PAL permit: (a) is not a major modification for the PAL pollutant; (b) does not have to 

### be approved through the plan's major NSR program; (c) is not subject to the provisions in Subsection 

### D of20.11.61.12 NMAC (restrictions on relaxing enforceable emission limitations that the major stationary source used to avoid applicability ofthe major NSR program); and (d) does not make GHGs "subject to regulation" as defined by Subsection CCC of 20.11.61.7 NMAC. (3) Except as provided under Subparagraph (c) ofParagraph (2) ofSubsection A of 20.11.61.20 NMAC, 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 ofthe PAL. B. Definitions applicable to 

### 20.11.61.20 NMAC. (1) Actuals PAL/ora majorstatiollllTY source means a PAL based on the baseline actual emissions (as defined in Subsection I of20.11.61.7 NMAC) ofall emissions units (as defined in Subsection Y of 20.11.61.7 NMAC) at the source, that emit orhave the potential to emit the PAL pollutant. Fora GHG-only
source, actualsPAL means a PAL based on the baseline actual emissions (as defined in Paragraph (13) of Subsection B of20.11.61.20 NMAC) ofall emissions units (as defined in Paragraph ( 14) ofSubsection B of 20.11.61.20 NMAC) at the source, that emit or have the potential to emit GHGs. (2) Allowable emissions means "allowable emissions" as defined in Subsection F of 20.11.61.7 NMAC, except as this definition is modified in accordance with the following.

20.11.61 NMAC 17(a) The allowable emissions for any emissions unit shall be calculated considering
any emission limitations that are enforceable as a practical matter on the emissions unit's potential to emit. (b) An emissions unit's potential to emit shall be determined using the definition in Subsection SS of20.11.61.7 NMAC, except that the words "orenforceable as a practical matter" should be added after "federally enforceable". (3) 

### SmaU 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 ZZof 20.11.61.7 NMAC or in the act, whichever is lower. 

### For a GHG PAL issued on a C02 e basis, smaU emissions unit means an emissions unit that emits or has the potential to emit less than the amount ofGHGs on a C01 e basis defined as "significant" for the purposes ofParagraph (3) ofSubsection CCC of20.11.61.7 NMAC at the time the PAL permit is being issued. 

### (4) Major emissions unit means: (a) Any emissions unit that emits orhas the potential to emit 100 tons peryear or

more ofthe PALpollutant in an attainment area; or (b) any emissions unit that emits or has the potential to emit the PAL pollutant in an amount that is equal to or greater than the major source threshold for the PAL pollutant as defined by the act for nonattainment areas. For example, in accordance with the definition ofmajor stationary source in Section 182(c) of the act, an emissions unit would be a major emissions unit for VOC ifthe emissions unit is located in a serious

ozone nonattainment area and 

### itemits or has the potential to emit 50 or more tons ofVOC per year. (c) For a GHG PAL issued on a C02 e basis, any emissions unit that emits orhas the potential to emit equal to or greater than the amount ofGHGs on a C02 e basis that would be sufficient for a new

source to trigger permitting requirements under Subsection CCC of20.11.61.7 NMAC at the time the PAL permit is being issued. (S) 

### Plantwide applicability limitation (PAL) means an emission limitation expressed on a

mass basis in tons-per-year, or expressed in tpy C02 e for a C02e-based GHG emission limitation, for a pollutant at

a major stationary source or GHG-only source, that is enforceable as a practical matter and established source-wide in accordance with 20.11.61.20 NMAC. (6) 

### PAL effective date generally means the date ofissuance ofthe PAL permit. However, the PAL effective date for an increased PAL is the date any emissions unit that is part ofthe PAL major modification becomes operational and begins to emit the PAL pollutant. (7) 

### PAL effective period means the period beginning with the PAL effective date and ending 10 years later. (8) 

### PAL major modification means, notwithstanding the definitions for major modification,
net emissions increase and subject to regulation at Subsections II, PP and CCC of20.11.61.7 NMAC respectively,
any physical change in or change in the method ofoperation ofthe PAL source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL. (9) 

### PAL permit means the major NSR permit, the minor NSR permit, or the state operating permit under a program that is approved into the SIP, orthe title V permit issued by the department that establishes a PAL for a major stationary source or a GHG-only 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 GHGs. (11) 

### Significant emissions unit means an emissions unit that emits orhas the potential to emit

a PAL pollutant in an amount that is equal to or greater than the significant level (as defined in Subsection ZZ of 20.11.61.7 NMAC or in the act, whichever is lower) for that PAL pollutant, but less than the amount that would qualify the unit as a majoremissions unit as defined in Paragraph (4) ofSubsection B of20.11.61.20 NMAC. For a GHG PAL issued on a C02 e basis, significant emissions unit means any emissions unit that emits or has the potential to emit GHGs on a C01 e basis in amounts equal to or greater than the amount that would qualify the unit

as small emissions unit as defined in Paragraph (3) ofSubsection B of20.11.61.20 NMAC, but less than the amount that would qualify the unit as a majoremissions unit as defined in Subparagraph (c) ofParagraph (4) of Subsection B of20.11.61.20 NMAC. (12) 

### GHG-only source means any existing stationary source that emits orhas the potential to emit GHGs in the amount equal to or greater than the amount ofGHGs on a mass basis that would be sufficient for a

new source to trigger permitting requirements for GHGs under Subsection KK of20.11.61.7 NMAC and the amount ofGHGs on a C02 e basis that would be sufficient for a new source to trigger permitting requirements for GHGs under Subsection CCC of20.11.61.7 NMAC at the time the PALpermit is being issued, but does not emit or have

20.11.61 NMAC 

### 18

### the potential to emit any other non-GHG regulated NSR pollutant at or above the applicable major source threshold. A GHG-only source may only obtain a PAL for GHG emissions under 20.11.61.20 NMAC. 

### (13) Baseline ac:tual emissions 

### fora GHG PAL means the average rate, in tpy C02 

### e or tpy GHG, as applicable, at which the emissions unit actually emitted GHGs during any consecutive 24-month period selected by the owner or operator within the 1 

### 0-year period immediately preceding either the date the owner or operator begins actual construction ofthe project, or the date a complete permit application is received by the administrator for a permit required under 40 CFR 52.21 or by the department for a permit required by 

### a plan, whichever is earlier. For any existing electric utility steam generating unit, 

### baseline actual emissionsfor a GHG PAL means the average rate, in tpy C02 

### e or tpy 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 ofthe project, except that the administrator shall allow the use ofa different time period upon a determination that it 

### is more representative of normal source operation. (a) 

### The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. (b) 

### The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period. 

### (c:) The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission 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) ofParagraph (13) 

### ofSubsection B of20.11.61.20 NMAC. 

### (14) Emissions unit with 

### respect to GHGs means any part ofa stationary source that emits or has the potential to emit GHGs. For purposes of40 CFR 52.21, there are two types ofemissions units as described in the following: (a) 

### 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; (b) 

### an existing emissions unit is any emissions unit that does not meet the requirements in Subparagraph (a) ofParagraph (14) ofSubsection B of20.11.61.20 NMAC. 

### (15) Minor sourc:e means any stationary source that does not meet the definition of

### major stationary source in Subsection KK 

### of20.11.61.7 NMAC for any pollutant at the time the PAL is issued. 

### C. Permit application requirements. As part of a permit application requesting a PAL, the owner
or operator ofa major stationary source or a GHG-only source shall submit the following information to the department for approval. (1) 

### A list ofall emissions units at the source designated as small, significant or major based

on their potential to emit. In addition, the owner or operator ofthe source shall indicate which, ifany, federal or state applicable requirements, emission limitations, or work practices apply to each unit. (2) 

### Calculations ofthe baseline actual emissions (with supporting documentation). Baseline actual emissions are to include emissions associated not only with operation ofthe 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 of20.11.61.20 NMAC. (4) 

### As part ofa permit application requesting a GHG PAL, the owner or operator ofa 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 

### majorsource as defined in Subparagraphs (a) and (b) ofParagraph (1) 

### of Subsection KK of20.11.61.7 NMAC or a 

### GHG-only source as defined in Paragraph (12) ofSubsection B of 20.11.61.20 NMAC. 

### D. General requirements for establishing PALs. (1) 

### The department may establish a PAL at a major stationary source or a GHG-only source, provided that at a minimum, the following requirements are met. (a) 

### The PAL shall impose an annual emission limitation expressed on a mass basis in tons per year, or expressed in tpy C02 

### e, 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

20.11.61 NMAC 19establishing a PAL, the major stationary source or GHG-only 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 source owner or operator shall show that the sum ofthe preceding monthly emissions from the PAL effective date for each emissions unit under the PAL is less than the PAL. (b) The PAL shall be established in a PAL permit that meets the public participation requirements in Subsection E of20.11.61.20 NMAC. (c) The PAL permit shall contain all the requirements ofSubsection G of 20.11.61.20 NMAC. (d) The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions units that emit or have the potential to emit the PAL pollutant at the major stationary source or GHG-only

source. (e) Each PAL shall regulate emissions ofonly one pollutant. (f) Each PAL shall have a PAL effective period of 

### 10 years. (g) The owner or operator ofthe 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 of20.11.61.20 NMAC for each emissions unit under the PAL through the PAL effective period. (2) At no time during or after the PAL effective period are emissions reductions ofa PAL pollutant that occurduring the PAL effective period creditable as decreases for purposes ofoffsets under 40 CFR 51.165(a)(3)(ii) unless the level ofthe PAL is reduced by the amount ofsuch emissions reductions and such reductions would be creditable in the absence ofthe PAL. 

### E. Public participation requirements for PALs. PALs for existing major stationary sources or GHG-only sources shall be established, renewed, or increased, through a procedure that is consistent with 40 CFR 51.160 and 161. This includes the requirement that the department provide the public with notice ofthe proposed approval ofa PAL permit and at least a 30-day period for submittal ofpublic comment. The department must address all material comments before taking final action on the permit. 

### F. Setting the 10-yearactuals PAL 

### level. (1) Except as provided in Paragraph (2) ofSubsection F of20.11.61.20 NMAC, the actuals PAL level for a major stationary source or a GHG-only source shall be established as the sum ofthe baseline actual emissions (as defined in Subsection I of20.11.61.7 NMAC or, for GHGs Paragraph (13) ofSubsection B of 20.11.61.20 NMAC) ofthe PAL pollutant for each emissions unit at the source; plus an amount equal to the applicable significant level for the PAL pollutant under Subsection 

### Z:Zof20.11.61.7 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) ofany applicable federal or state regulatory requirement(s) that the department is aware ofprior to issuance ofthe PAL permit. For instance, ifthe source owner or operator will be required to reduce emissions from industrial boilers in halffrom baseline emissions of60 ppm NOx to a new rule limit of30 ppm, then the permit shall contain a future effective PAL level that is equal to the current PAL level reduced by halfofthe original baseline emissions of such unit(s). (2) For newly constructed units (which do not include modifications to existing units) on which actual construction began after the 24-month period, in lieu ofadding the baseline actual emissions as specified in Paragraph (1) ofSubsection F of20.11.61.20 NMAC, the emissions must be added to the PAL level in

an amount equal to the potential to emit ofthe units. (3) For C02e based GHG PAL, the actuals PAL level shall be established as the sum ofthe GHGs baseline actual emissions (as defined in Paragraph (13) ofSubsection B of20.11.61.20 NMAC) ofGHGs for each emissions unit at the source, plus an amount equal to the amount defined as "significant" on a C02 e basis for the purposes ofParagraph (3) ofSubsection CCC of20.11.61.7 NMAC at the time the PAL permit is being issued. When establishing the actuals PAL level for a C02e-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 tpy C02e) in the PAL permit to become effective on the future compliance date(s) ofany applicable federal or state regulatory requirement(s) that the department is aware ofprior to issuance ofthe PAL permit.

20.11.61 NMAC 20

### G. Contents ofthe 

### PAL permit. The PAL permit shall contain, at a minimum, the following information. (1) The PAL pollutant and the applicable source-wide emission limitation in tons per year or tpyC02e. (2) 

### The PAL permit effective date and the expiration date ofthe PAL (PAL effective period). (3) 

### Specification in the PAL permit that ifa major stationary source or a GHG-only source
owner or operator applies to renew a PAL in accordance with Subsection J 

### of20.11.61.20 NMAC before the end of the PAL effective period, then the PAL shall not expire at the end ofthe PAL effective period. It shall remain in effect until a revised PAL permit is issued by the department. (4) 

### A requirement that emission calculations for compliance purposes include emissions from startups, shutdowns and malfunctions. (5) 

### A requirement that, once the PAL expires, the major stationary source or GHG-only

source is subject to the requirements ofSubsection I of20.11.61.20 NMAC. (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 (l) 

### ofSubsection M 

### of20.ll.6l.20 NMAC. (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 L of20.11.61.20 NMAC. (8) 

### A requirement to retain the records required under Subsection M 

### of20.11.6l.20 NMAC

on site. Such records may be retained in an electronic format. (9) 

### A requirement to submit the reports required under Subsection N of20.11.61.20 NMAC by the required deadlines. (10) Any other requirements that the department deems necessary to implement and enforce the PAL. (ll) 

### A permit for a GHG PAL issued to a GHG-only source shall also include a statement denoting that GHG emissions at the source will not be subject to regulation under Subsection CCC of20.1l.61.7 NMAC as long as the source complies with the PAL. 

### H. PAL effective period and reopening ofthe 

### PAL permit. 

### (l) PAL effective period. The PAL effective period shall be 

### lO years. 

### (2) Reopening ofthe 

### PAL permit. (a) During the PAL effective period, the department shall reopen the PAL permit to: (i) 

### correct typographical/calculation errors made in setting the PAL or reflect a more accurate determination ofemissions used to establish the PAL; (ii) 

### reduce the PAL ifthe owner or operator ofthe 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 

### of20.11.61.20 NMAC. (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 ifthe department determines that a reduction is necessary to avoid causing or contributing to a NAAQS or PSD increment violation, or to an adverse impact on an air quality related values (AQRV) that has been identified for a federal class I 

### area by a federal land manager and for which information is available to the general public. (c) 

### Except for the permit reopening in Item (i) ofSubparagraph (a) ofParagraph (2) ofSubsection H of20.11.61.20 NMAC for the correction oftypographical/calculation errors that do not increase the PAL level. all reopenings shall be 

### carried out in accordance with the public participation requirements ofSubsection E of20.1l.61.20 NMAC. 

### I. Expiration ofa 

### PAL. Any PAL that is not renewed in accordance with the procedures in Subsection J of20.l1.6l.20 NMAC shall expire at the end ofthe PAL effective period, and the requirements in Subsection I 

### of20.11.61.20 NMAC shall apply.

20.11.61 NMAC 21(1) Each emissions unit, or each group ofemissions units, that existed under the PAL shall comply with an allowable emission limitation under a revised permit established according to the procedures in Paragraph (I) ofSubsection I of20.11.61.20 NMAC. (a) Within the time frame specified for PAL renewals in Paragraph (2) of Subsection 

### J of20.11.61.20 NMAC, the major stationary source or GHG-only source shall submit a proposed allowable emission limitation for each emissions unit, (oreach group ofemissions units, ifsuch a distribution is

more appropriate as decided by the department), by distributing the PAL allowable emissions for the major stationary source or GHG-only source among each ofthe emissions units that existed under the PAL. 

### Ifthe PAL had not yet been adjusted for an applicable requirement that became effective during the PAL effective period, as required under Paragraph (5) ofSubsection J of20.11.61.20 NMAC, such distribution shall be made as ifthe PAL had been adjusted. (b) The department shall decide whether and how the PAL allowable emissions will be distributed and issue a revised permit incorporating allowable limits for each emissions unit, oreach group of emissions units, as the department determines is appropriate. (2) Each emissions unit(s) shall comply with the allowable emission limitation on a 12- month rolling basis. The department may approve the use of monitoring systems (source testing, emission factors, etc.) other than CEMS, CERMS, PEMS or CPMS to demonstrate compliance with the allowable emission limitation. (3) Until the department issues the revised permit incorporating allowable limits for each emissions unit, oreach group ofemissions units, as required under Subparagraph (b) ofParagraph (1) of Subsection I of20.11.61.20 NMAC, the source shall continue to comply with a source-wide, multi-unit emissions cap equivalent to the level of the PAL emission limitation. (4) Any physical change or change in the method ofoperation at the major stationary source

or GHG-only source will be subject to major NSR requirements ifsuch change meets the definition ofmajor modification in Subsection 

### II of20.11.61.

### 7 NMAC. (5) The major stationary source owner or operator shall continue to comply with any state or federal applicable requirements (BACT, RACT, NSPS, etc.) that may have applied either during the PAL effective period orprior to the PAL effective period except for those emission limitations that had been established pursuant to Subsection 0 of20.11.61.12 NMAC, but were eliminated by the PAL in accordance with the provisions in Subparagraph (c) ofParagraph (2) ofSubsection A of20.11.61.20 NMAC. 

### J. Renewal ofa PAL. (1) The department shall follow the procedures specified in Subsection E of20.11.61.20 NMAC in approving any request to renew a PAL for a major stationary source or a 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. 

### (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 ofa PAL. A timely application is one that is submitted at least six months prior to, but not earlier than 

### 18 months from, the date ofpermit expiration. This deadline for application submittal is to ensure that the permit 

### will not expire before the permit is renewed. Ifthe

owner or operator ofa 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. (3) 

### Application requirements. The application to renew a PAL permit shall contain the following information.

supporting documentation. (a) (b) (c) The information required in Subsection C of20.11.61.20 NMAC. A proposed PAL level. The sum ofthe potential to emit ofall emissions units under the PAL, with

(d) Any other information the owner or operator wishes the department to consider in determining the appropriate level for renewing the PAL. 

### (4) PAL adjustment. In determining whether and how to adjust the PAL, the department shall consider the options outlined in Subparagraphs (a) and (b) ofParagraph (4) Subsection 

### J of20.11.61.20 NMAC. However, in no case may any such adjustment fail to comply with Subparagraph (c) ofParagraph 4 of Subsection 

### J of20.11.61.20 NMAC.

20.11.61 NMAC 22(a) 

### Ifthe emissions level calculated in accordance with Subsection F of20.11.61.20 NMAC is equal to or greater than 80 percent ofthe PAL level, the department may renew the PAL at the same level without considering the factors set fonh in Subparagraph (b) ofParagraph (4) ofSubsection J of20.11.61.20 NMAC;or (b) the department may set the PAL at a level that itdetermines to be more representative ofthe 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. (e) Notwithstanding Subparagraphs (a) and (b) ofParagraph (4) ofSubsection 

### J of 20.11.61.20 NMAC: (i) ifthe potential to emit ofthe 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 ofthe
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 of20.11.61.20 NMAC, Increasing a PAL during the PAL effectiveperiod. (5) Ifthe compliance date for a state or federal requirement that applies to the PAL source

occurs during the PAL effective period, and ifthe department has not already adjusted for such requirement, the PAL shall be adjusted at the time ofPAL permit renewal or Title V permit renewal, whichever occurs first. K. Increasing a PAL during the PAL effective period. (1) The department may increase a PAL emission limitation only ifthe major stationary

source or GHG-only source complies with the following provisions. (a) The owner or operator ofthe major stationary source or GHG-only source shall submit a complete application to request an increase in the PAL limit for a PAL major modification. Such application shall identify the emissions unit(s) contributing to the increase in emissions so as to cause the major stationary or GHG-only source's emissions to equal or exceed its PAL. (b) As part ofthis application, the major stationary source or GHG-only source

owner or operator shall demonstrate that the sum ofthe baseline actual emissions ofthe small emissions units, plus the sum ofthe baseline actual emissions ofthe significant and major emissions units assuming application ofBACT equivalent controls, plus the sum ofthe allowable emissions ofthe new or modified emissions unit(s), exceeds the PAL. The level ofcontrol 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 I0 years. In such a case, the assumed control level for that emissions unit shall be equal to the level of BACT or LAER with which that emissions unit must currently comply. (c) The owner or operator obtains a major NSR permit for all emissions unit(s) identified in Subparagraph (a) ofParagraph (1) ofSubsection B of20.11.61.20 NMAC, regardless ofthe magnitude ofthe 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 NSR process, for example, BACT, even though they have also become subject to the PAL or continue to be subject to the PAL. (d) The PALpermit shall require that the increased PAL level shall be effective on the day any emissions unit that is part ofthe PAL major modification becomes operational and begins to emit the PALpollutant. (2) The department shall calculate the new PAL as the sum ofthe allowable emissions for each modified or new emissions unit, plus the sum ofthe baseline actual emissions ofthe significant and major emissions units (assuming application ofBACTequivalent controls as determined in accordance with Subparagraph (b) ofParagraph (1) ofSubsection K of20.11.61.20 NMAC), plus the sum ofthe baseline actual emissions ofthe small emissions units. (3) The PAL permit shall be revised to reflect the increased PAL level pursuant to the public notice requirements ofSubsection E of20.11.61.20 NMAC. L. Monitoring requirements for PALs. (1) General requirements. (a) Each PAL permit must contain enforceable requirements for the monitoring system that accurately determines plantwide emissions ofthe PAL pollutant in terms ofmass per unit oftime or COz

eper unit of time. Any monitoring system authorized for use in the PAL permit must be based on sound science and

20.11.61 NMAC 

### 23meet generally acceptable scientific procedures for data quality and manipulation. Additionally, the information generated by such system must meet minimum legal requirements for admissibility in ajudicial proceeding to enforce the PAL permit. (b) The PAL monitoring system must employ one or more ofthe four general monitoring approaches meeting the minimum requirements set forth in Paragraph (2) ofSubsection L of20.11.61.20 NMAC and must 

### be approved by the department. (c) Notwithstanding Subparagraph (b) ofParagraph (1) ofSubsection L of 20.11.61.20 NMAC, you may also employ an alternative monitoring approach that meets Subparagraph (a) of Paragraph ( 1) ofSubsection L of20.11.61.20 NMAC ifapproved by the department. (d) Failure to use a monitoring system that meets the requirements of20.11.61.20 NMAC renders the PAL invalid. (2.) Minimum performance requirements for approved monitoring approaches. The following are acceptable general monitoring approaches when conducted in accordance with the minimum requirements in Paragraphs (3) through (9) ofSubsection L of20.11.61.20 NMAC: (a) mass balance calculations for activities using coatings or solvents; (b) CEMS; (c) CPMS or PEMS; and (d) emission factors. (3) Mass balance calculations. An owner or operator using mass balance calculations to monitor PAL pollutant emissions from activities using coating or solvents shall meet the following requirements: (a) provide a demonstrated means ofvalidating the published content ofthe 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 ofthe PAL pollutant that is contained in

orcreated by any raw material or fuel used in or at the emissions unit, ifit cannot otherwise be accounted for in the
process; and (c) where the vendor ofa material or fuel, which is used in or at the emissions unit, publishes a range ofpollutant content from such material, the owner or operator must use the highest value ofthe
range to calculate the PAL pollutant emissions unless the department determines there is site-specific data or a sitespecific monitoring program to support another content within the range. (4) CEMS. An owner or operator using CEMS to monitor PAL pollutant emissions shall
meet the following requirements: (a) CEMS must comply with applicable performance specifications found in 40 CFR part 60, Appendix 

### B; and 

### (b) CEMS must sample, analyze, and record data at least every 

### 15 minutes while the emissions unit is operating. (5) CPMS orPEMS. An owner or operator using CPMS or PEMS to monitor PAL pollutant emissions shall meet the following requirements: {a) the CPMS or the PEMS must 

### be based on current site-specific data demonstrating a correlation between the monitored pararneter(s) and the PAL pollutant emissions across the range of operation ofthe 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, ifappropriate, to account for the degree of uncertainty or limitations in the factors' development; (b) the emissions unit shall operate within the designated range ofuse for the emission factor, ifapplicable; and (c) iftechnically practicable, the owner or operator ofa significant emissions unit that relies on an emission factor to calculate PAL pollutant emissions shall conduct validation testing to determine a site-specific emission factor within six months ofPAL permit issuance, unless the department determines that testing is not required. (7) A source owner or operator must record and report maximum potential emissions without considering enforceable emission limitations or operational restrictions for an emissions unit during any period of time that there is no monitoring data, unless another method for determining emissions during such periods is specified in the PAL permit.

20.11.61 NMAC 24

### (8) Notwithstanding the requirements in Paragraphs (3) through (7) ofSubsection L of 20.11.61.20 NMAC, where an owner or operator ofan emissions unit cannot demonstrate a correlation between the monitored parameter(s) and the PAL pollutant emissions rate at all operating points ofthe emissions unit, the department shall, at the time ofpermit 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) detennine that operation ofthe emissions unit during operating conditions when there is no correlation between monitored parameter(s) and the PAL pollutant emissions is a violation ofthe PAL. (9) Revalidation. All data used to establish the PAL pollutant must be revalidated through perfonnance testing or other scientifically valid means approved by the department. Such testing must occur at least

once every five years after issuance ofthe PAL. M. Recordkeeping requirements. (1) 

### The PAL permit shall require an owner or operator to retain a copy ofall records
necessary to determine compliance with any requirement of20.11.61.20 NMAC and ofthe PAL, including a determination ofeach emissions unit's 12-month rolling total emissions, for five years from the date ofsuch record. (2) The PAL permit shall require an owner or operator to retain a copy ofthe following records, for the duration ofthe PAL effective period plus five years: (a) a copy ofthe PAL permit application and any applications for revisions to the PAL; and (b) each annual certification ofcompliance pursuant to 20.11.42 NMAC, 

### Operating Permits, and the data relied on in certifying the compliance. N. Reporting and notification requirements. The owner or operator shall submit semi-annual monitoring reports and prompt deviation reports to the department in accordance with 20.11.42 NMAC, 

### Operating Permits. The reports shall meet the following requirements. (I) Semi-annual report. The semi-annual report shall be submitted to the department within 30 days ofthe end ofeach reporting period. This report shall contain the following information. (a) The identification ofowner and operator and the permit number. (b) Total annual emissions (expressed on a mass-basis in tons/year, or expressed in tpy C02 e) based on a 12-month rolling total for each month in the reporting period recorded pursuant to Paragraph (1) 

### ofSubsection M of20.11.61.20 NMAC. (c) All data relied upon, including, but not limited to, any quality assurance or quality control data, in calculating the monthly and annual PAL pollutant emissions. (d) A list ofany emissions units modified or added to the major stationary source or GHG-only source during the preceding six-month period. (e) The number, duration, and cause ofany deviations or monitoring malfunctions (other than the time associated with zero and span calibration checks), and any corrective action taken. (C) 

### A notification ofa shutdown ofany monitoring system, whether the shutdown

was pennanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully operational orreplaced with another monitoring system, and whether the emissions unit monitored by the monitoring system continued to operate, and the calculation ofthe emissions ofthe pollutant orthe number detennined by method included in the permit, as provided by Paragraph (7) ofSubsection L of20.11.61.20 NMAC. (g) A signed statement by the responsible official as defined by 20.11.42.7 NMAC certifying the truth, accuracy, and completeness ofthe information provided in the report. (2) Deviation report. The major stationary source or GHG-only source owner or operator shall promptly submit reports ofany deviations or exceedance ofthe PAL requirements, including periods where no monitoring is available. A report submitted pursuant to 40 CFR 70.6(a)(3)(iii)(B) shall satisfy this reporting requirement. The deviation reports shall be submitted within the time limits prescribed by the applicable program implementing 40 CFR 70.6(a)(3)(iii)(B). The reports shall contain the following information: (a) the identification ofowner and operator and the permit number; (b) the PAL requirement that experienced the deviation or that was exceeded; (c) emissions resulting from the deviation or the exceedance; and (d) a signed statement by the responsible official as defined by 20.11.42.7 NMAC certifying the truth, accuracy, and completeness ofthe information provided in the report. (3) Revalidation results. The owner or operator shall submit to the department the results ofany revalidation test or method within three months after completion of such test or method. 0. Transition requirements.

20.11.61 NMAC 

### 25

### (1) The department may not issue a 

### PAL that does not comply with the requirements of Subsections A through 

### 0 of20.11.61.20 NMAC after March 3, 2003. 

### (2) The department may supersede any 

### PAL which was established prior to March 3, 2003 with a 

### PAL that complies with the requirements ofSubsections A through 

### 0 of20.11.61.20 NMAC. [20.11.61.20 NMAC- N, 1123/06; A, 8/30/10; A, 1110/11; A, 5/13/13]



### 20.11.61.21 PUBLIC PARTICIPATION AND NOTIFICATION: A. The department shall, within 30 days after receipt ofan application, review such application and determine whether it is administratively complete or there is any deficiency in the application orinformation submitted. To be deemed administratively complete, the application must meet the requirements of20.11.61.13 NMAC in addition to the requirements of20.11.41 NMAC. Ifthe application is deemed: (1) administratively complete, a letter to that effect shall be sent by certified mail to the applicant; (2) administratively incomplete, a letter shall be sent by certified mail to the applicant stating what additional information or points ofclarification are necessary to deem the application administratively complete; upon receipt ofthe additional information or clarification, the department shall promptly review such information and determine whether the application is administratively complete; (3) administratively complete but no permit is required, a letter shall be sent by certified mail
to the applicant informing the applicant ofthe determination. 

### B. For purposes ofdetermining minor source baseline date pUI'SUant to 

### 40 CFR 51: (1) an application is complete when it contains all the information necessary for processing the application; designating an application complete for purposes of40 CPR 51 does not preclude the department from requesting or accepting any additional information; and (2) in the event that additional information is submitted to remedy any deficiency in the application or information submitted, the date ofreceipt ofthe application shall be the date on which the department received all required information. 

### C. Within one year after receipt ofa complete applicadon. thedepartment sbaU: (1) Make a preliminary determination whether construction should be approved, approved with conditions, or disapproved. (2) Make available at the department district and local office nearest to the proposed source a copy ofall materials the applicant submitted, a copy ofthe preliminary determination, and a copy or summary of other materials, ifany, considered in making the preliminary determination. (3) Notify the public by advertisement in a newspaper ofgeneral circulation in the area in which the proposed source would be constructed: (a) ofthe application; (b) the preliminary determination; (c) the degree ofincrement consumption that is expected from the source or modification; and (d) ofthe opportunity for comment at a public hearing as well as written public comment; the public comment period shall be for 30 days from the date ofsuch advertisement. (4) Send a copy ofthe notice ofpublic comment to: (a) the applicant; (b) the administrator; and (c) officials and agencies havingjurisdiction over the location where the proposed construction would occur as follows: any other state or local air pollution control agencies; the chiefexecutives of the city and county where the source would be located; any comprehensive regional land use planning agency; and
any state, federal land manager, or Indian governing body whose lands may be affected by emissions from the

source or modification. (5) Provide opportunity for a public hearing for interested persons to appear and submit written or oral comments on the air quality impact ofthe source, alternatives to it, the control technology required, and other appropriate considerations. (6) Consider all written comments submitted within a time specified in the notice ofpublic
comment and all comments received at any public hearing(s) in making a final decision on the approvability ofthe application. The department shall make all comments available for public inspection in the same locations where the department made available preconstruction information relating to the proposed source or modification.

20.11.61 NMAC 26(7) Within 180 days after an application is deemed administratively complete, unless the director grants an extension not to exceed 90 days for good cause: (a) make a final determination ofwhether construction should be approved, approved with conditions, or disapproved; and (b) notify the applicant in writing ofthe final determination and make such notification available for public inspection at the same location where the department made available preconstruction information and public comments relating to the source. [20.11.61.21 NMAC- N, 1/23/06; A, 8/30/10]

20.11.61.22 STACK HEIGHT CREDIT: The department shall review all applications in accordance with the provisions of20.11.43 NMAC, Stack Heights Requirements. [20.11.61.22 NMAC

- Rp, 20.11.61.19 NMAC, 1123/06]

20.11.61.23 EXCLUSIONS FROM INCREMENT CONSUMPTION: A. Following a public hearing, the director may exclude the following concentrations in determining compliance with a maximum allowable increase: (1) concentrations attributable to the increase in emissions from stationary sources which have converted from the use ofpetroleumproducts, natural gas, or both by reason ofan order in effect under Section 2 (a) and (b) ofthe Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation),

over the emissions from such sources before the effective date ofsuch an order; (2) concentrations attributable to the increase in emissions from sources which have converted from using natural gas by reason of natural gas curtailment plan in effect pursuant to the Federal Power Act, over the emissions from such sources before the effective date ofsuch plan; (3) concentrations ofparticulate matter attributable to the increase in emissions from construction or other temporary emission-related activities ofnew or modified sources; (4) the increase in concentrations attributable to new sources outside the United States over the concentrations attributable to existing sources which are included in the baseline concentration; and (5) concentrations attributable to the temporary increase in emissions ofsulfur dioxide, particulate matter, or nitrogen oxides from stationary sources which are affected by plan revisions approved by the administrator as meeting the criteria specified in Subsection D of20.11.61.23 NMAC. B. Ifthe plan provides that the concentrations to which Paragraph (I) or (2) ofSubsection A of 20.11.61.23 NMAC refers, shall be excluded, it shall also provide that no exclusion ofsuch concentrations shall apply more than five years after the effective date ofthe order to which Paragraph (1) ofSubsection A of 20.11.61.23 NMAC refers, or the plan to which Paragraph (2) ofSubsection A of20.11.61.23 NMAC refers, whichever is applicable. 

### Ifboth such order and plan are applicable, no such exclusion shall apply more than five
years after the later of such effective dates. C. [Reserved] D. For purposes ofexcluding concentrations pursuant to Paragraph (5) ofSubsection A of 20.11.61.23 NMAC, the administrator may approve a plan revision that: (1) specifies the time over which the temporary emissions increase ofsulfur dioxide, particulate matter, or nitrogen oxides would occur such time is not to exceed 2 years in duration unless a longer time is approved by the administrator; (2) specifies that the time period for excluding certain contributions in accordance with Paragraph (I) ofSubsection D of20.11.61.23 NMAC, is not renewable; (3) allows no emissions increase from a stationary source which would: (a) impact a class I area oran area where an applicable increment is known to be · violated; or (b) cause or contribute to the violation ofa NAAQS; (4) requires limitations to be in effect the end ofthe time period specified in accordance with Paragraph (1) ofSubsection D of20.11.61.23 NMAC, which would ensure that the emissions levels from stationary

sources affected by the plan revision would not exceed those levels occurring from such sources before the plan revision was approved. [20.11.61.23 NMAC- Rp, 20.11.61.21 NMAC, 1123/06; A, 8/30110; A, 5/13/13]

20.11.61.24 SOURCES IMPACTING FEDERAL CLASS I AREAS

- ADDITIONAL REQUIREMENTS:

20.11.61 NMAC 27

### A. Nodce to EPA. The department shall transmit to the administrator and the federal land manager a copy ofeach permit application relating to a major stationary source or major modification proposing to locate within 100 kilometers ofany federal class I area. The complete permit application shall be transmitted within 30 days ofreceipt and 60 days prior to any public hearing on the application. The department shall include all relevant information in the permit application. Relevant information shall include an analysis ofthe proposed source's anticipated impacts on visibility in the federal class I area. The department shall consult with all affected federal land managers as to the completeness ofthe permit application and shall consider any analysis performed by the federal land manager concerning the impact ofthe proposed major stationary source or major modification on AQRV. This consideration shall include visibility, if such analysis is received within 30 days after the federal land
manager receives a copy ofthe complete application. Additionally, the department shall notify any affected federal land manager within 30days from the date the department receives a request for a pre-application meeting from a proposed source subject to 20.11.61 NMAC. Notice shall be provided to the administrator and federal land manager ofevery action related to the consideration of such permit. The department shall also provide the federal land
manager and the administrator with a copy of the preliminary determination required under 20.11.61.21 NMAC and shall make available to them any materials used in making that determination. In any case where the department disagrees with the federal land manager's analysis of source impact on AQRV, the department shall, either explain its decision orgive notice to the federal land manager as to where the explanation can be obtained. In the case where the department disagrees with the federal land manager's analysis, the department will also explain its decision orgive notice to the public by advertisement in a newspaper ofgeneral circulation in the area in which the proposed source would be constructed, as to where the decision can be obtained. 

### B. The department shall transmit to air quality control agencies ofneighboring states and Indian governing bodies a copy ofeach permit application having the potential to affect federal class I areas or increment consumption in areas under theirjurisdiction. The department shall also provide the affected air quality control agencies and Indian governing bodies with a copy ofthe preliminary determination required under 20.11.61.21 NMAC and shall make available to them any materials used in making that determination. The department shall include a provision for a 60 day comment period for the federal land managers before any public hearing on a permit application is held. 

### C. 

### Denial- impact 

### on AQRV: The federal land manager ofany such lands may demonstrate to the department that the emissions from a proposed source or modification would have an adverse impact on the AQRV (including visibility), ofthose lands, notwithstanding that the change in air quality resulting from emissions from such proposed source or modification would not cause or contribute to concentrations which would exceed the maximum allowable increases for a federal class I area. 

### Ifthe department concurs with such demonstration, then the

source shall not be issued a permit. 

### D. Class I waivers: The owner or operator ofa proposed source or modification may demonstrate to the federal land manager that the emissions from such proposed sciurce or modification would have no adverse impact on the AQRV ofany such lands (including visibility), notwithstanding that the change in air quality resulting from emissions from such source or modification would cause orcontribute to concentrations which would exceed the maximum allowable increases for a federal class I area. 

### Ifthe federal land manager concurs with such demonstration and so certifies to the department, the department may: provided, that the applicable requirements are otherwise met, issue the permit with such emission limitations as may be necessary to assure that emissions ofsulfur dioxide, PM2

.5, PM 10 and oxides ofnitrogen would not exceed the maximum allowable increases over minor source baseline concentrations for such pollutants, as shown in Table 

### 5 of20.11.61.30 NMAC. E. For the case where the federal land manager does not perform an impact analysis with respect to visibility impairment in a federal class I area, the department may perform such an analysis. The department shall
not issue the source a permit ifthe department determines that an adverse impact on visibility would occur. The adverse impact must be due, primarily, to the operation ofthe proposed source or modification. 

### F. Sulfur dioxide waiver 

### by governor with 

### FLM concurrence: The owner or operator ofa proposed major stationary source or major modification, which cannot be approved under Subsection D of 20.11.61.24 NMAC, may demonstrate to the governor that the source or modification cannot be constructed by

reason ofany maximum allowable increase for sulfur dioxide for a period of24 hours or less applicable to any class I area and, in the case offederal mandatory class I areas, that a waiver from this requirement would not adversely affect the AQRV ofthe area (including visibility). The governor, after consideration ofthe federal land manager's recommendation (ifany) and subject to his concurrence, may, after notice and public hearing, grant a waiver from such maximum allowable increase. 

### Ifthe waiver is granted, the department shall issue a permit to the owner or operator ofthe source or modification. Any owner or operator ofa source or modification who obtains a permit under 20.11.61 NMAC shall comply with sulfur dioxide emissions limitations. These limitations do not allow

20.11.61 NMAC 

### 28

### increases ofambient concentrations, above the baseline concentration, to exceed the levels found in Table 6 of 20.11.61.31 NMAC for periods of24 hours orless for more than 

### 18 days, not necessarily consecutive, in any annual period. 

### G. Sulfur dioxide waiver by governor with the president'sconcurrence. In any case where the
governor recommends a waiver in which the federal land manager does not concur, the recommendations ofthe
governor and the federal land manager shall 

### be transmitted to the president through the office ofthe governor. The president may approve the governor's recommendation ifhe finds that the waiver is in the national interest. Ifthe waiver is approved, the department shall issue the permit. Any source or modification that obtains a permit under 20.11.61 NMAC shall comply with sulfur dioxide emissions limitations. These limitations do not allow increases in ambient concentrations, above the baseline concentration, to exceed the levels found in Table 

### 6 of20.11.61.31 NMAC for periods of24 hours orless for more than 18 days, not necessarily consecutive, in any annual period. [20.11.61.24 NMAC- Rp, 20.11.61.22 NMAC, 1123/06; A, 8/30/10; A, 5/13/13]



### 20.11.61..25 RESTRICTIONS ON AREA CLASSIFICATIONS: A. Mandatory federal class 

### I areas: 

### (1) AU ofthe foUowing areas which were in existence on August 

### 7, 1977, shaD be class I

areas and may notbe redesignated: (a) international parks (all ofthem); (b) national wilderness areas which exceed 5,000 acres in size; (c) national memorial parks which exceed 5,000 acres in size; and (d) national parks which exceed 6,000 acres in size. (2) 

### Specifically for New Mexico, these areas are: (a) Bandelier wilderness, administered by national park service (NPS); (b) Bosque del Apache wilderness, administered by national fish and wildlife service (NFWS); (c) Carlsbad caverns national park, administered by NPS; (d) Gila wilderness, administered by national forest service (NFS); (e) Pecos wilderness, administered by NFS; (f) 

### Salt Creek wilderness, administered by NFWS; (g) San Pedro Parks wilderness, administered by NFS; (h) Wheeler Peak wilderness, administered by NFS; and (i) White Mountain wilderness, administered by NFS. 

### B. Areas which may be redesignated only as class 

### I orclass 

### D: (1) The foUowing areas may be redesignated only as class I or 0: (a) an area which, as ofAugust 7, 1977, exceeded 10,000 acres in size and was a national monument, national primitive area, national preserve, national recreational area, national wild and scenic river, national wildlife refuge; and (b) a national park or national wilderness area established after August 7, 1977 which exceeds I

### 0,000 acres in size. (2) 

### Spec:ificaUy for New Mexico, these areas include (but are not necessarily Umited to):

service (NFWS);

20.11.61 NMAC (a) Apache Kid wilderness, administered by national forest service (NFS); (b) Bandelier national monument, administered by national park service (NPS); (c) Bitter Lake national wildlife refuge, administered by national fish and wildlife

(d) (e) (f) (g) (h) (i) 

### (j) (k) (I) (m) (n) (o) 

### Blue Range wilderness, administered by NFS; Bosque del Apache national wildlife refuge, administered by NFWS; Capitan mountains wilderness, administered by NFS; Cebolla wilderness, administered by bureau of1and management (BLM); Chama River Canyon wilderness, administered by NFS; Cruces Basin wilderness, administered by NFS; De-na-zin wilderness, administered by BLM; El Malpais national monument, administered by NPS; 

### Latir Peak wilderness, administered by NFS; Manzano mountain wilderness, administered by NFS; San Andres national wildlife refuge, administered by NFWS; Sandia Mountain wilderness, administered by NFS;

29(p) Sevilleta national wildlife refuge, administered by NFWS; (q) West Malpais wilderness, administered by BLM; (r) White Sands national monument, administered by NPS; and (s) Withington Wilderness, administered by NFS. [20.11.61.25 NMAC

- Rp, 20.11.61.20 

### NMAC, 1/23/06; A, 8/30/10]

20.11.61.26 TABLE 1·PSD SOURCE CATEGORIES: A. Carbon black plants (furnace process). B. Charcoal production plants. C. Chemical process plants (the term chemical processing plant shall not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS Codes 325193 or 312140). 

### D. Coal cleaning plants (with thermal dryers). E. Coke oven batteries. 

### F. Fossil fuel boilers (or combinations thereof) totaling more than 250 million BTU/hr heat input. G. Fossil fuel-fired steam electric plants ofmore than 250 million BTU/hr heat input. 

### H. Fuel conversion plants. I. Glass fiber processing plants. 

### J. Hydrofluoric acid plants. 

### K. Iron and steel mills. L. 

### Kraft pulp mills. M. Lime plants. N. Municipal incinerators capable ofcharging more than 250 tons ofrefuse per day. 

### 0. Nitric acid plants. P. Petroleum refineries. 

### Q. Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels. 

### R. Phosphate rock processing plants. S. Portland cement plants. T. Primary aluminum ore reduction plants. U. Primary copper smelters. V. Primary lead smelters. 

### W. Primary zinc smelters. X. Secondary metal production plants. 

### Y. Sintering plants. Z. Sulfur recovery plants. AA. Sulfuric acid plants. BB. Taconite ore processing plants. [20.11.61.26 NMAC

- Rp, 20.11.61.23 NMAC, 1123/06; A, 8/30110]

20.11.61.27 TABLE 2 • SIGNIFICANT EMISSION RATES:

POLLUTANT EMISSION RATE (TONS/YR) Carbon monoxide 100 Fluorides 3 Lead 0.6 Municipal waste combustor: Acid gases (measured as sulfur dioxide and hydrogen chloride) 40 (36 megagrams/year) Metals (measured as particulate matter) 15 (14 megagrams/year) Organics (measured as total tetra- through octa-chlorinated 0.0000035 (0.0000032 megagrams/yr) dibenzo-p-dioxins and dibenzofurans) Municipal solid waste landfill emissions (measured as NMOC) 50 (45 megagrams/year) Nitrogen oxides 40 Ozone 40VOCorNOx Particulate Matter: Particulate matter emissions 25 PM 10 emissions 15 PM2.s emissions 10 tpy ofdirect PM 2

.5 emissions; 40 tpy

20.11.61 NMAC 30ofsulfur dioxide emissions; 40 tpy of nitrogen oxide emissions unless demonstrated not to be a PM**.~** precursor under Subsection WW of 20.11.61.7 NMAC

Sulfur compounds Hydrogen sulfide (H2S) 10 Reduced sulfur compounds (incl. H2S) 10 Sulfur dioxide 40 Sulfuric acid mist 7 Total reduced sulfur (incl. H2S) 10 Any other regulated NSR pollutant that is not listed in this table Any emission rate Each regulated pollutant Emission rate or net emissions increase associated with a major stationary source

or major modification that causes an 

### air quality impact ofone microgram per cubic meter or greater (24-hr average) in
any Class I Federal area located within 10 

### km ofthe source. [20.11.61.27 NMAC- Rp, 20.11.61.24 NMAC, 1/23/06; A, 8/30/10; A, 1/10111; A, 5113/13]



### 20.11.61.28 TABLE 

### 3- SIGNIFICANT MONITORING CONCENTRATIONS: AIR QUALITY

POLLUTANT CONCENTRATION AVERAGING TIME microfams per cubic meter (JA.g/m) Carbon monoxide 575 8 hours Fluorides 0.25 24 hours 

### Lead 0.1 3 months Nitrogen dioxide 14 Annual Ozone b Particulate matter (PM10) 10 24 hours Sulfur compounds Hydrogen sulfide (H2S) 0.20 1 hour Reduced sulfur compounds (incl. H2S) 10 1 hour Sulfur dioxide 13 24 hours Sulfuric acid mist a Total reduced sulfur (incl. H2S) 10 1 hour

a

- No acceptable monitoring techniques available at this time. Therefore, monitoring is not required until acceptable techniques are available. b- No de minimis air quality level is provided for ozone. However, any net emissions increase of 100 tons per year or more ofvolatile organic compounds or nitrogen oxides subject to PSD would be required to perform an ambient impact analysis, including the gathering ofambient air quality data. [20.11.61.28 NMAC- Rp, 20.11.61.25 NMAC, 1/23/06; A, 5/15/06; A, 8/30110]



### 20 116129 TABLE 4- ALLOWABLE PSD INCREMENTS· 

# . . 

# . . PoUutant Maximum allowable increase micrograms percubic meter (J.lg/m3) Class I Class II Class III Nitrogen Dioxide



## I annual arithmetic mean 2.5 25 50 ParticulateMatter



### 20.11.61 NMAC 31PM2.s. annual arithmetic mean 1 4 

### 8 PM2.s. 24-hour maximum 2 9 18 PMu» annual arithmetic mean 4 17 34 PM 1

### o. 24-hour maximum 

# s• 301 601


### Sulfur Dioxide annual arithmetic mean 2 20 40 24-hour maximum 

# s• 91 1 1821
3-hour maximum 254 5124 7004



### a

- Not to be exceeded more than once a year. [20.11.61.29 NMAC- Rp, 20.11.61.26 NMAC, 1/23/06; A, 5/15/06; A, 8130/10; A, 5/13/13]



### 20.11.6130


# . TABLE 5 • MAXIMUM ALLOW ABLE INCREASES FOR CLASS IV ARIANCES: PoUutant Maximum aUowable increase Micrograms percubic meter (1J.g/m 3) 

### Nitro2en Dioxide



## I annual arithmetic mean 25 

### ParticulateMatter PM2.s. annual arithmetic mean 4 PM2

. .<;, 24-hour maximum 9 PM 10, annual arithmetic mean 17 PM 10, 24-hour maximum 30 

### Sulfur Dioxide annual arithmetic mean 20 24-hour maximum 91 3-hour maximum 325 [20.11.61.30 NMAC- N, 1/23/06; A, 8/30/10; A, 5/13/13]



### 20.11.61.31 TABLE 6 ·MAXIMUM ALLOWABLE INCREASE FOR SULFURDIOXIDE WAIVER BY GOVERNOR·


# . Period ofExposure Terrain Areas Low 24-hr. maximum 361J.g/mj 3-hr. maximum 130 IJ.g/mj [20.11.61.31 NMAC- N, 1/23/06; A, 8/30/10]



### HISTORY OF 20.11.61 NMAC: 

### Hip 621J.g/mj 2211J.g/m"



### Pre-NMAC History: The material in this part was derived from that previously filed with the commission of public records

- state records center and archives. Regulation No. 29, Prevention ofSignificant Deterioration, 1/3/85; Regulation No. 29, Prevention ofSignificant Deterioration, 6/18/86; Regulation No. 29, Prevention ofSignificant Deterioration, 3/16/89; Regulation No. 29, Prevention ofSignificant Deterioration, 4/24/90; Regulation No. 29, Prevention ofSignificant Deterioration, 2126/93.



### History ofRepealed Material: 20 NMAC 11.61, Prevention ofSignificant Deterioration (filed 10/27/95) repealed 12/l/95. 20.11.61 NMAC, Prevention ofSignificant Deterioration (filed 8/30/02) repealed 1/23/06.



### Other History: Regulation No. 29, Prevention of Significant Deterioration, filed 2/26/93 renumbered, reformatted and replaced by 20 NMAC 11.61, Prevention ofSignificant Deterioration, filed 10/27/95. 20 NMAC 11.61, Prevention ofSignificant Deterioration, filed 10/27/95 replaced by 20 NMAC 11.61, Prevention ofSignificant Deterioration, filed 3/18/99.

20.11.61 NMAC 32

# Z 0

IS t'lti

# Y- 8 ? ;,

### ~ 

# II : 

# 0 I

20 NMAC 11.61, Prevention ofSignificant Deterioration, filed 3118/99 renumbered, reformatted, amended, and replaced by 20.11.61 NMAC, Prevention ofSignificant Deterioration, effective I0/1102. 20.11.61 NMAC, Prevention ofSignificant Deterioration (filed 8/30/02) was replaced by 20.11.61 NMAC, Prevention ofSignificant Deterioration, effective 1/23/06.

20.11.61 NMAC 33

## ALBUQUERQUE- BERNALILLO COUNTY AIR QUALITY CONTROL BOARD

2 

## RESOLUTION #2015-2

3 

## ADOPTING AN AMENDED 20.11.61 NMAC, 

## PREVENTION OF SIGNIFICANT
4 

## DETERIORATION, AND PROPOSING THE AMENDMENTS AS A REVISION TO THE 

# s NEW MEXICO STATE IMPLEMENTATION PLAN FORAIR QUALITY (SIP)
6 7 

## Whereas, the NewMexico 

## Air Quality Control Act ("Air Act"), NMSA 74-2-5, requires

8 

### the Albuquerque

- Bernalillo County Air Quality Control Board ("Air Board,'), to "adopt,

9 

### promulgate, publish, amend and repeal regulations consistent with the Air Quality Control Act to

10 

### attain and maintain national ambient air quality standards and prevent or abate air pollution,

11 

### including regulations prescribing air standards" within Albuquerque and Bernalillo County, and

12 

### to meet requirements ofthe Federal Clean Air Act, the City ofAlbuquerque and Bernalillo

13 

### County Joint Air Quality Control Board Ordinances, and the Air Board Regulations; and

14 

## Whereas, the United States Environmental Protection Agency (EPA) has requested

1 

# s certain amendments to 20.11.61 NMAC, 

## Prevention of Significant Deterioration, in order to

16 

### make that regulation consistent with federal standards, enable EPA to complete its review of

17 

### amendments to that regulation adopted by the Air Board in April2013, and enable EPA to act on

18 

### review ofpending Infrastructure State Implementation Plans; and

19 

## Whereas, at the April30, 2015 public hearing, testimony was presented to establish a

20 

### present need, or a reasonably anticipated future need, which exists to warrant taking the

21 

### following actions to help prevent or abate air pollution by maintaining the required consistency

22 

### oflocal regulations with Federal rules; and

23 

## Whereas, on April30, 2015, the Air Board held a public hearing in the Vincent E.

24 

### Griego Chambers, on the basement level ofthe Albuquerque- Bernalillo County Government

25 

### Center, One Civic Plaza NW, in Albuquerque, New Mexico, and the hearing was held consistent

### with the notice requirements ofthe Air Act, and 20.11.82 NMAC, 

## Rulemaking Procedures- Air

2 

## Quality Control Board; and

3 

## Whereas, onApril 30, 2015, the Air Board met and determined that 20.11.61 NMAC,

4 

## Prevention of Significant Deterioration, should be amended, and that the amended 20.11.61



# s NMAC, 

## Prevention of Significant Deterioration, should be submitted to the EPA as a proposed

6 

### revision to the New Mexico State Implementation Plan (SIP) for air quality;

7 

## NOW, THEREFORE BE IT RESOLVED BY THE BOARD THAT:

8 

### 1. The Board hereby adopts the amendments to 20.11.61 NMAC, 

## Prevention of

9 

## Significant Deterioration, as proposed in AQP Exhibit 1, which was admitted at the April 30,

1 

## o 2015 hearing;

11 

### 2. The Board hereby directs staffto take all actions necessary to submit the amended

12 

### 20.11.61 NMAC, 

## Prevention of Significant Deterioration, to EPA as a revision to the New

13 

### Mexico SIP.

14 

## [WITH THE FOLLOWING CHANGES:]

IS

16

17

18

19

20



### 21

22

23



### 22

3 

### 4 

### PASSED AND ADOPTED THIS 30th DAY OF APRIL, 2015

BY A voTE oF

# b._ FoR, ANDD AGAINST. Absent: 

# Z..... Abstained:

_

# ~~J~ 9 

### Kelsey Curran, CIH, Chair
10 

### Albuquerque-Bernalillo County Air Quality Control Board
11 12 

### Attest:
13 14 15
16 

### o, Secretary to the Air Quality Control Board

3

# Attachment B



# Attachment B contains copies ofthe following.

Amended 20.11.61 NMAC as published in the New Mexico Register, Volume XXVI, Issue 10, indicating shanges made to the regulation.

## New Mexico Register / Volume XXVI, Issue 10 / May 29, 2015 386 

# Adopted Rules

Effective Date and Validity of Rule FilingsRules published in this issue of the New Mexico Register are effective on the publication date of this issue unless otherwise specifi ed. No rule shall be valid or enforceable until it is fi led with the records center and published in the New Mexico Register as provided in the State Rules Act. Unless a later date is otherwise provided by law, the effective date of the rule shall be the date of publication in the New Mexico Register. Section 14-4-5 NMSA 1978.

_________________________________________________________________________________________________ 

### ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD

This is an amendment to 20.11.61 NMAC, Sections 7 and 11, effective 5/29/2015.

20.11.61.7 DEFINITIONS:In addition to the defi nitions in 20.11.61 NMAC, the defi nitions in 20.11.1 NMAC, General Provisions, shall apply unless there is a confl ict between defi nitions, in which case the defi nition in 20.11.61 NMAC shall govern. A. “Act”means the federal Clean Air Act, as amended, 42 U. S. C. Sections 7401 et seq. B. “Actual emissions” means the actual rate of emissions of a regulated NSR pollutant from an emissions unit, as determined in accordance with Paragraphs (2) through (4) of Subsection B of 20.11.61.7 NMAC. (1)This defi nition shall not apply for calculating whether a signifi cant emissions increase has occurred, or for establishing a PAL under 20.11.61.20 NMAC. Instead, Subsections I and VV of 20.11.61.7 NMAC 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)Thedepartment may presume that sourcespecifi c allowable emissions for the unit are equivalent to the actual emissions of the unit. (4)For any emissions unit that has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date. C. “Administrator” means the administrator of the U.S. environmental protection agency (EPA) or an authorized representative. D. “Adverse impact on visibility”means visibility impairment which interferes with the management, protection, preservation, or enjoyment of the visitor’s visual experience of the federal class I area. This determination must be made on a case-by-case basis taking into account the geographic extent, intensity, duration, frequency, and time of the visibility impairments and how these factors correlate with the following: (1)times of visitor use of the federal class I area; and (2)the frequency and timing of natural conditions that reduce visibility. This term does not include effects on integral vistas as defi ned in 40 CFR 51.301 De fi nitions

. E. “Air quality related values (AQRV)”means visibility and other scenic, cultural, physical, biological, ecological, or recreational resources which may be affected by a change in air quality resulting from the emissions of a proposed major stationary source or major modifi cation that interferes with the management, protection, preservation, or enjoyment of the AQRV of a federal class I area. F. “Allowable emissions”means the emissions rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to federally enforceable limits which restrict the operating rate, or hours of operation, or both) and the most stringent of the following: (1)the applicable standards as set forth in 40 CFR Parts 60 and 61; (2)the applicable state implementation plan emissions limitation, including those with a future compliance date; or (3)the emissions rate specifi ed as a federally enforceable permit condition, including those with a future compliance date. G. “Associated emission

sources”means secondary emissions and all reasonably foreseeable emissions of regulated pollutants from the growth of general residential, commercial, industrial, governmental emission sources and other mobile and non-mobile emission sources which are associated with or support the proposed new major stationary source or major modifi cation. Other mobile and non-mobile emission sources shall include, but not be limited to, new highways and roads or improvements to existing highways and roads to increase capacity, new parking facilities or improvements to existing parking facilities to increase capacity, service enhancements to ground and air public transportation to include the building of new public transportation facilities or improvements to existing public transportation facilities to increase capacity; and the building of new public or private educational facilities or improving existing public or private educational facilities to increase enrollment. H. “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 NAAQS for such pollutant, and is so designated under Section 107(d) (1)(D) or (E) of the act. I. “Baseline actual emissions”means the rate of emissions, in tons per year, of a regulated NSR pollutant, as determined in accordance with Paragraphs (1)-(4) of Subsection I of 20.11.61.7 NMAC. (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 fi ve year period immediately preceding when the owner or operator begins actual construction of the project. The department shall allow the use of a

## New Mexico Register / Volume XXVI, Issue 10 / May 29, 2015 387

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 quantifi able, and emissions associated with startups, shutdowns, and malfunctions.(b) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period. (c) For a regulated NSR 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 NSR pollutant. (d) The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by Subparagraph (b) of Paragraph (1) of Subsection I of 20.11.61.7 NMAC. (2)For an existing emissions unit (other than an electric utility steam generating unit), baseline actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 10 year period immediately preceding either the date the owner or operator begins actual construction of the project, or the date a complete permit application is received by the department for a permit required either under 20.11.61 NMAC or under a plan approved by the administrator, whichever is earlier, except that the 10 year period shall not include any period earlier than November 15, 1990. (a) The average rate shall include fugitive emissions to the extent quantifi able, and emissions associated with startups, shutdowns, and malfunctions.(b) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period. (c) The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply, had such major stationary source been required to comply with such limitations during the consecutive 24-month period. However, if an emission limitation is part of a maximum achievable control technology standard that the administrator proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted if the state has taken credit for such emissions reductions in an attainment demonstration or maintenance plan consistent with the requirements of 40 CFR 51.165(a)(3)(ii)(G). (d) For a regulated NSR 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 NSR pollutant. (e) The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by Subparagraphs (b) and (c) of Paragraph (2) of Subsection I of 20.11.61.7 NMAC. (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 Subsection I of 20.11.61.7 NMAC, for other existing emissions units in accordance with the procedures contained in Paragraph (2) of Subsection I of 20.11.61.7 NMAC, and for a new emissions unit in accordance with the procedures contained in Paragraph (3) of Subsection I of 20.11.61.7 NMAC. J. “Baseline area” (1)Means any intrastate area (and every part thereof) designated as attainment or unclassifi able under Section 107(d)(1)(A)(ii) or (iii) of the act in which the major source or major modifi cation 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 (1 μg/m3) (annual average) for SO2, NO2or PM10; or equal to or greater than 0.3 μg/m3(annual average) for PM2.5. (2)Area redesignations under Section 107(d)(1) (A)(ii) or (iii) of the act cannot intersect or be smaller than the area of impact of any major stationary source or major modifi cation which: (a) establishes a minor source baseline date;

or (b) is subject to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166, and would be constructed in the same state as the state proposing the redesignation. (3)Any baseline area established originally for total suspended particulates (TSP) increments shall remain in effect and shall apply for purposes of determining the amount of available PM10increments, except that such baseline area shall not remain in effect if the department rescinds the corresponding minor source baseline date in accordance with Paragraph (3) of Subsection MM of 20.11.61.7 NMAC. K. “Baseline concentration”means that ambient concentration level that exists in the baseline area at the time of the applicable minor source baseline date. (1)A baseline concentration is determined for each pollutant for which a minor source baseline date is established and shall include: (a) the actual emissions representative of sources in existence on the applicable minor source baseline date, except as provided in Paragraph (2) of Subsection K of 20.11.61.7 NMAC; (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 from any major stationary source on which construction commenced after the major source

## New Mexico Register / Volume XXVI, Issue 10 / May 29, 2015 388

baseline date; and (b) actual emissions increases and decreases at any stationary source occurring after the minor source baseline date. L. “Begin actual construction”means, in general, the initiation of physical onsite construction activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying of underground pipework and construction of permanent storage structures. With respect to a change in method of operation, this term refers to those on-site activities, other than preparatory activities which mark the initiation of the change. M. “Best available control technology (BACT)”means an emissions limitation (including a visible emission standard) based on the maximum degree of reduction for each regulated NSR pollutant which would be emitted from any proposed major stationary source or major modifi cation, which the director on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modifi cation through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant. In no event shall application of best available control technology result in emissions of any pollutant which would exceed the emissions allowed by any applicable standard under 40 CFR Parts 60 and 61. If the director determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the application of best available control technology. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice, or operation, and shall provide for compliance by means which achieve equivalent results. N. “Building, structure, facility or installation”means all of the pollutant emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control) except the activities of any vessel. Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same “major group” (i.e., which have the same fi rst two-digit code) as described in the standard industrial classifi cation (SIC) manual, 1972, as amended by the 1977 supplement (U. S. government printing of fi ce stock numbers 4101-0066 and 003-005-00176-0, respectively) or any superseding SIC manual. O. “Class I area” means any federal land that is classifi ed or reclassifi ed as “class I” as listed in 20.11.61.25 NMAC. P. “Commence” as applied to construction of a major stationary source or major modifi cation, means that the owner or operator has all necessary preconstruction approvals or permits and either has: (1)begun, or caused to begin, a continuous program of actual on-site construction of the source, to be completed within a reasonable time;

or (2)entered into binding agreements or contractual obligations, which cannot be cancelled or modifi ed without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time. Q. “Complete”means, in reference to an application for a permit, that the department has determined the application contains all of the information necessary for processing the application. Designating an application complete for purposes of permit processing does not preclude the department from requesting or accepting any additional information. R. “Construction” means any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or modifi cation of an emissions unit) that would result in a change in emissions. S. “Continuous emissions monitoring system (CEMS)” means all of the equipment that may be required to meet the data acquisition and availability requirements of 20.11.61 NMAC, to sample, condition (if applicable), analyze, and provide a record of emissions on a continuous basis. T. “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). U. “Continuous parameter monitoring system (CPMS)” means all of the equipment necessary to meet the data acquisition and availability requirements of 20.11.61 NMAC, to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas fl ow rate, O2or CO2 concentrations), and to record average operational parameter value(s) on a continuous basis. V. “Department”means the city of Albuquerque, environmental health department or its successor agency. W. “Director”means the director of the city of Albuquerque, environmental health department or the director of its successor agency. X. “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. Y. “Emissions unit” means any part of a stationary source that emits or would have the potential to emit any regulated NSR pollutant and includes an electric utility steam generating unit as defi ned in 20.11.61.7 NMAC. For purposes of 20.11.61 NMAC, there are two types of emissions units as follows: (1)a new emissions unit is any emissions unit that is (or will be) newly constructed and that has existed for less than two years from the date such emissions unit fi rst operated; (2)an existing emissions unit is any emissions unit that does not meet the requirements in Paragraph (1) of Subsection Y of 20.11.61.7 NMAC. A replacement unit is an existing unit. Z. “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 department) with authority over such lands. AA. “Federally enforceable”means all limitations and conditions which are enforceable by the administrator, including:

## New Mexico Register / Volume XXVI, Issue 10 / May 29, 2015 389

(1)those requirements developed pursuant to 40 CFR Parts 60 and 61; (2) requirements within any applicable state implementation plan (SIP); (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 operating permits issued under an EPA-approved program that expressly requires adherence to any permit issued under such program. BB. “Fugitive emissions” means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. CC. “Greenhouse gases” or “GHGs”means the air pollutant defi ned in § 86.1818–12(a) of Chapter I of Title 40 of the CFR, as the aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofl uorocarbons, perfl uorocarbons, and sulfur hexafl uoride. DD. “High terrain” means any area having an elevation 900 feet or more above the base of a source’s stack. EE. “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. FF. “Innovative control technology”means any system of air pollution control that has not been adequately demonstrated in practice, but 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. GG. “Low terrain”means any area other than high terrain. HH. “Lowest achievable emission rate (LAER)”means, for any source, the more stringent rate of emissions based on the following: (1)the most stringent emissions limitation which is contained in the implementation plan of any state for such class or category of stationary source, unless the owner or operator of the proposed stationary source demonstrates that such limitations are not achievable; or (2)the most stringent emissions limitation which is achieved in practice by such class or category of stationary source; this limitation, when applied to a modifi cation, means the lowest achievable emissions rate for the new or modifi ed emissions units within the stationary source; in no event shall the application of this term permit a proposed new or modifi ed stationary source to emit any pollutant in excess of the amount allowable under an applicable new source standard of performance. II. “Major modifi cation” (1)Means any physical change in or change in the method of operation of a major stationary source that would result in: a signifi cant emissions increase of a regulated NSR pollutant; and a signifi cant net emissions increase of that pollutant from the major stationary source. (2)Any signifi cant emissions increase from any emissions units or net emissions increase at a major stationary source that is signifi cant for volatile organic compounds or oxides of nitrogen shall be considered significant for ozone. (3)A physical change or change in the method of operation shall not include: (a) routine maintenance, repair, and replacement; (b) use of an alternative fuel or raw material by reason of an order under Section 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan pursuant to the Federal Power Act; (c) use of an alternative fuel by reason of an order or rule under Section 125 of the act; (d) use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste; (e) use of an alternative fuel or raw material by a stationary source which: (i) the source was capable of accommodating before January 6, 1975, unless such change would be prohibited under any federally enforceable permit condition which was established after January 6, 1975 pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Subpart I 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 condition which was established after January 6, 1975, pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Subpart I 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 NAAQS during the project and after it is terminated; (i)the installation or operation of a permanent clean coal technology demonstration project that constitutes repowering, provided that the project does not result in an increase in the potential to emit of any regulated NSR pollutant emitted by the unit; this exemption shall apply on a pollutant-by-pollutant basis; or (j)the reactivation of a very clean coal-fi red electric utility steam generating unit. (4)This defi nition shall not apply with respect to a particular regulated NSR pollutant when the major stationary source is complying with the requirements under 20.11.61.20 NMAC for a PAL for that pollutant. Instead, the defi nition at Paragraph (8) of Subsection B of 20.11.61.20 NMAC shall apply. JJ. “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. KK. “Major stationary source” (1)means: (a) any stationary source listed in Table 1 of 20.11.61.26 NMAC which emits, or has the potential to emit, 100 tons per year or more of any regulated NSR pollutant;

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(b) notwithstanding the stationary source categories specifi ed in Subparagraph (a) of Paragraph (1) of Subsection KK of 20.11.61.7 NMAC, any stationary source which emits, or has the potential to emit, 250 tons per year or more of any regulated NSR pollutant; or (c) any physical change that would occur at a stationary source not otherwise qualifying under Subsection KK of 20.11.61.7 NMAC, as a major stationary source if the change would constitute a major stationary source by itself. (2) A major source that is major for volatile organic compounds or oxides of nitrogen shall be considered major for ozone. (3)The fugitive emissions of a stationary source shall not be included in determining whether it is a major stationary source, unless the source belongs to one of the stationary source categories found in Table 1 of 20.11.61.26 NMAC or any other stationary source category which, as of August 7, 1980, is being regulated under Section 111 or 112 of the act.LL. “Mandatory federal class I area”means any area identifi ed in 40 CFR Part 81, Subpart D. MM. “Minor source baseline date”means the earliest date after the trigger date on which a major stationary source or major modifi cation subject to 40 CFR 52.21, or to regulations approved pursuant to 40 CFR 51.166, submits a complete application under the relevant regulations. (1)The trigger dates are: (a) August 7, 1977, for PM10and sulfur dioxide; and (b) February 8, 1988 for nitrogen dioxide; and (c) October 20, 2011, for PM2.5. (2)The baseline date is established for each pollutant for which increments or other equivalent measures have been established if: (a) the area in which the proposed major stationary source or major modifi cation would construct is designated as attainment or unclassifi able under Section 107(d)(1)(A)(ii) or (iii) of the federal act for the pollutant on the date of its complete application under 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166; and (b)in the case of a major stationary source, the pollutant would be emitted in signifi cant amounts, or in the case of a major modifi cation, there would be a signifi cant net emissions increase of the pollutant. (3)Any minor source baseline date established originally for the TSP increments shall remain in effect and shall apply for purposes of determining the amount of available PM10 increments, except that the department may rescind any such minor source baseline date where it can be shown, to the director’s satisfaction that, either the emissions increase from the major stationary source, or the net emissions increase from the major modifi cation, responsible for triggering that date did not result in a signifi cant amount of PM10 emissions. NN. “Natural conditions” includes naturally occurring phenomena that reduce visibility as measured in terms of visual range, contrast or coloration. OO. “Necessary preconstruction approvals or permits” mean 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. PP. “Net emissions increase” (1)Means, that with respect to any regulated NSR pollutant emitted by a major stationary source, the amount by which the sum of the following exceeds zero: (a) the increase in emissions from a particular physical change or change in the method of operation at a stationary source as calculated pursuant to Subsection D of 20.11.61.11 NMAC; and (b) any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are otherwise creditable; baseline actual emissions for calculating increases and decreases shall be determined as provided in Subsection I of 20.11.61.7 NMAC, except that Subparagraph (c) of Paragraph (1) and Subparagraph (d) of Paragraph (2) of Subsection I of 20.11.61.7 NMAC shall not apply. (2)An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs between: (a) the date fi ve years prior to the commencement of construction on the particular change; and (b) 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 between: (i) the date fi ve years prior to the commencement of construction on the particular change; and (ii) 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 40 CFR 51.166, which permit is in effect when the increase in actual emissions from the particular change occurs; and (c) the increase or decrease in emissions did
not occur at a clean unit, as defi ned in 40 CFR 51.166 (b)(3)(iii)(c) and Federal Register Vol. 76 No. 61, 3/30/11, p. 17554. (d) As it pertains to an increase or decrease in fugitive emissions (to the extent quantifi able), it occurs at an emissions unit that is part of one of the source categories listed in Paragraph (3) of Subsection KK of 20.11.61.7 NMAC or it occurs at an emission unit that is located at a major stationary source that belongs to one of the listed source categories. Fugitive emission increases or decreases are not included for those emissions units located at a facility whose primary activity is not represented by one of the source categories listed in Paragraph (3) of Subsection KK of 20.11.61.7 NMAC and that are not, by themselves, part of a listed source category. (4)An increase or decrease in actual emissions of sulfur dioxide, particulate matter, or oxides of nitrogen 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;

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(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 signifi cance for public health and welfare as that attributed to the increase from the particular change; and (7)an increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant; any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days. (8)Paragraph (2) of Subsection B of 20.11.61.7 NMAC shall not apply for determining creditable increases and decreases. QQ. “Nonattainment area”means an area which has been designated under Section 107 of the act as nonattainment for one or more of the NAAQS by EPA. RR. “Portable stationary source”means a source which can be relocated to another operating site with limited dismantling and reassembly. SS. “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 the limitation would have on emissions is federally enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source. TT. “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 fl ow rate, O2or CO2concentrations), and calculate and record the mass emissions rate (for example, lb/hr) on a continuous basis. UU. “Project”means a physical change in, or change in method of operation of, an existing major stationary source. VV. “Projected actual emissions” (1)Means the maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated NSR pollutant in any one of the fi ve 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 NSR pollutant, and full utilization of the unit would result in a signifi cant emissions increase, or a signifi cant net emissions increase at the major stationary source. (2)In determining the projected actual emissions (before beginning actual construction), the owner or operator of the major stationary

source: (a) shall consider all relevant information, including but not limited to, historical operational data, the company’s own representations, the company’s expected business activity and the company’s highest projections of business activity, the company’s fi lings with the state or federal regulatory authorities, and compliance plans under an approved SIP; and (b) shall include fugitive emissions to the extent quantifi able and emissions associated with startups, shutdowns, and malfunctions; and (c) shall exclude, in calculating any increase in emissions that results from the particular project, that portion of the unit’s emissions following the project that an existing unit could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions under Subsection I of 20.11.61.7 NMAC and that are also unrelated to the particular project, including any increased utilization due to product demand growth; or (3)in lieu of using the method set out in Subparagraphs (a)-(c) of Paragraph (2) of Subsection VV of 20.11.61.7 NMAC, may elect to use the emissions unit’s potential to emit in tons
per year. WW. “Regulated new source review pollutant” or “regulated NSR pollutant” means the following: (1)any pollutant for which a NAAQS has been promulgated; this includes, but is not limited to the following: (a) PM2.5emissions and PM10emissions 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 PM2.5and PM10in PSD permits; compliance with emissions limitations for PM2.5and PM10issued prior to this date shall not be based on condensable particulate matter unless required by the terms and conditions of the permit or the applicable implementation plan; applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation of 40 CFR 51.166 unless the applicable implementation plan required condensable particulate matter to be included; (b) any pollutant identifi ed under Subparagraph (b) of Paragraph (1) of Subsection WW of 20.11.61.7 NMAC as a constituent or precursor to a pollutant for which a NAAQS has been promulgated; precursors identifi ed by the administrator for purposes of NSR are the following: (i) volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and unclassifi able areas; (ii) sulfur dioxide is a precursor to PM2.5in all attainment and unclassifi able areas; (iii) nitrogen oxides are presumed to be precursors to PM2.5in all attainment and unclassifi able areas, unless the state demonstrates to the administrator’s satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources in a specifi c area are not a signifi cant contributor to that area’s ambient PM 2.5 concentrations; (iv) volatile organic compounds are presumed not to be precursors to PM2.5 in any attainment or unclassifi able area, unless the state demonstrates to the administrator’s satisfaction or EPA demonstrates that emissions of volatile organic compounds from sources in a specifi c area are a signifi cant 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; (4)any

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pollutant that otherwise is “subject to regulation” under the act as defi ned in Subsection CCC of 20.11.61.7 NMAC; (5) notwithstanding Paragraphs (1) through (4) of Subsection WW of 20.11.61.7 NMAC, 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; (6)particulate matter (PM) emissions, PM2.5emissions, and PM10emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures; on or after January 1, 2011 (or any earlier date established in the upcoming rulemaking codifying test methods), such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM, PM2.5and PM10in PSD permits; compliance with emissions limitations for PM, PM2.5and PM10issued prior to this date shall not be based on condensable particulate matter unless required by the terms and conditions of the permit or the applicable implementation plan; applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation of 20.11.61 NMAC unless the applicable implementation plan required condensable particulate matter to be included. XX. “Replacement unit” means an emission unit for which all of the following criteria are met. No creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced. (1)The emissions unit is a reconstructed unit within the meaning of 40 CFR 60.15(b) (1), or the emissions unit completely takes the place of an existing emissions unit. (2) The emissions unit is identical to or functionally equivalent to the replaced emissions unit. (3)The replacement unit does not change the basic design parameter(s) of the process unit. (4)The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter. If the replaced emissions unit is brought back into operation, it shall constitute a new emissions unit. YY. “Secondary emissions”means emissions which occur as a result of the construction or operation of a major stationary source or major modifi cation, but do not come from the major stationary source or major modifi cation itself. For the purpose of 40 CFR 51.166, secondary emissions must be specifi c, well defi ned, quantifi able, and impact the same general areas as the stationary source or modifi cation which causes the secondary emissions. Secondary emissions include emissions from any offsite support facility which would not be constructed or increase its emissions except as a result of the construction or operation of the major stationary source or major modifi cation. 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. ZZ. “Signifi cant”means: (1)in reference to a net emissions increase or the potential of a source to emit any of the pollutants listed in Table 2 of 20.11.61.27 NMAC, a rate of emissions that would equal or exceed any of the corresponding emission rates listed in Table 2 of 20.11.61.27 NMAC; (2)in reference to a net emissions increase or the potential of a source to emit a regulated NSR pollutant that Paragraph (1) of Subsection ZZ of 20.11.61.7 NMAC, does not list, any emissions rate; and (3) notwithstanding Paragraph (1) of Subsection ZZ of 20.11.61.7 NMAC, any emissions rate or any net emissions increase associated with a major stationary source or major modifi cation, which would construct within 10 kilometers of a class I area, and have an impact on such area equal to or greater than 1 μg/m3(24- hour average). AAA. “Signifi cant emissions increase”means, for a regulated NSR pollutant, an increase in emissions that is signifi cant for that pollutant. BBB. “Stationary source” means any building, structure, facility, or installation which emits, or may emit, any regulated NSR pollutant. CCC. “Subject to regulation”means, for any air pollutant, that the pollutant is subject to either a provision in the Clean Air Act, or a nationally-applicable regulation codifi ed by the administrator in Subchapter C of Chapter I of Title 40 of the CFR, that requires actual control of the quantity of emissions of that pollutant, and that such a control requirement has taken effect 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 (4) and (5) of Subsection CCC of 20.11.61.7 NMAC 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 20.11.61.20 NMAC, and complies with the PAL permit containing the GHG PAL. (2)For purposes of Paragraphs (3) through (5) of Subsection CCC of 20.11.61.7 NMAC, the term “tpy CO2equivalent emissions (CO2e)” shall represent an amount of GHGs emitted, and shall be computed as follows: (a) multiplying the mass amount of emissions (tpy), 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 Part 98 of Chapter I of Title 40 of the CFR — Global Warming Potentials[;for purposes of Paragraph (2) of Subsection CCC of 20.11.61.7 NMAC, 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 non-fossilized and biodegradable organic material originating from plants, animals, or micro-organisms (including products, by-products, residues and waste from agriculture, forestry and related industries as well as the non-fossilized 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 CCC of 20.11.61.7 NMAC for each gas to compute a tpy CO2e. (3)The term “emissions increase” as used in Paragraphs (4) and (5) of Subsection CCC of 20.11.61.7 NMAC, shall mean that both a signifi cant emissions increase

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(as calculated using the procedures in Subsection D of 20.11.61.11 NMAC) and a signifi cant net emissions increase (as defi ned in Subsection PP of 20.11.61.7 NMAC and Subsection ZZ of 20.11.61.7 NMAC) occur. For the pollutant GHGs, an emissions increase shall be based on tpy CO2e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, and “signifi cant” is defi ned as 75,000 tpy CO2e instead of applying the value in Table 2 of 20.11.61.27 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 tpy 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, and an emissions increase of 75,000 tpy CO2e or more; and, (5)beginning July 1, 2011, in addition to the provisions in Paragraph (4) of Subsection CCC of 20.11.61.7 NMAC, 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 tpy CO2e; or (b) at an existing stationary source that emits or has the potential to emit 100,000 tpy 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 tpy CO2e

or more. DDD. “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. EEE. “Visibility impairment”means any humanly perceptible change in visibility (visual range, contrast, coloration) from that which would have existed under natural conditions. FFF. “Volatile organic compound (VOC)”means any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, which participates in atmospheric photochemical reactions; this includes any such organic compound other than those which the administrator designates as having negligible photochemical reactivity under 40 CFR 51.100(s). [20.11.61.7 NMAC - Rp, 20.11.61.7 NMAC, 1/23/06; A, 5/15/06; A, 8/30/10; A, 1/10/11; A, 5/13/13; A, 5/29/15]

20.11.61.11 APPLICABILITY: A.The requirements of 20.11.61 NMAC apply to the construction of any new major stationary source or any project at an existing major stationary source in an area designated as attainment or unclassifi able. B.[The requirements of Sections 20.11.61.12 NMAC and 20.11.61.13 NMAC, Subsections A through C of 20.11.61.14 NMAC, Paragraph (1) of Subsection B of 20.11.61.15 NMAC, Subsections A and B of 20.11.61.16 NMAC, 20.11.61.17 NMAC, Subsections A through C of 20.11.61.18 NMAC, Subsections B and C of 20.11.61.21 NMAC and 20.11.61.24 NMAC apply to the construction of any new major stationary source or the major modifi cation of any existing major stationary source, except as 20.11.61 NMAC otherwise provides. C.No new major stationary source or major modifi cation to which the requirements of Subsections A, B, C and D of 20.11.61.12 NMAC, Section 20.11.61.13 NMAC, Subsections A through C of 20.11.61.14 NMAC, Paragraph (1) of Subsection B of 20.11.61.15 NMAC, Subsections A and B of 20.11.61.16 NMAC, 20.11.61.17 NMAC, Subsections A through C of 20.11.61.18 NMAC, Subsections B and C of 20.11.61.21 NMAC and 20.11.61.24 NMAC apply shall begin actual construction without a permit that states that the major stationary source or major modifi cation will meet those requirements.] The requirements of 20.11.61.12 NMAC through 20.11.61.18 NMAC, 20.11.61.21 NMAC and 20.11.61.24 NMAC apply to the construction of any new major stationary source or the major modifi cation of any existing major stationary source except as 20.11.61 NMAC otherwise provides. C.No new major stationary source or major modifi cation to which the requirements of Subsections A, B, C, and D of 20.11.61.12 NMAC, 20.11.61.13 NMAC through 20.11.61.18 NMAC, 20.11.61.21 NMAC and 20.11.61.24 NMAC apply shall begin actual construction without a permit that states that the major stationary source or major modifi cation will meet those requirements. D. Applicability procedures. (1)Except as otherwise provided in Subsection E of 20.11.61.11 NMAC, and consistent with the defi nition of major modifi cation, a project is a major modifi cation for a regulated NSR pollutant if it causes a signifi cant emissions increase and a signifi cant net emissions increase. The project is not a major modifi cation if it does not cause a signifi cant emissions increase. If the project causes a signifi cant emissions increase, then the project is a major modifi cation only if it also results in a signifi cant net emissions increase. (2)The procedure for calculating (before beginning actual construction) whether a signifi cant emissions increase (i.e., the fi rst step of the process) will occur depends upon the type of emissions units being modifi ed, according to Paragraphs (3) through (5) of Subsection D of 20.11.61.11 NMAC. The procedure for calculating (before beginning actual construction) whether a signifi cant net emissions increase will occur at the major stationary source (i.e., the second step of the process) is contained in the defi nition in Subsection PP of 20.11.61.7 NMAC. Regardless of any such preconstruction projections, a major modifi cation results if the project causes a signifi cant emissions increase and a signifi cant net emissions increase. (3) Actualto-projected-actual applicability test for projects that only involve existing emissions units.A signifi cant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the projected actual emissions and the baseline actual emissions for each existing emissions unit equals or exceeds the signifi cant amount for that pollutant. (4) Actualto-potential test for projects that only involve construction of a new emissions unit(s).A signifi cant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the potential to emit from each new emissions unit following completion of the project and the baseline actual emissions of these units before the project equals or exceeds the signifi cant amount for that pollutant. (5) Hybrid test for projects that involve multiple types of emissions units.A signifi cant emissions increase of a regulated NSR pollutant is projected to occur if the

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sum of the emissions increases for each emissions unit, using the method specifi ed in Paragraphs (3) and (4) of Subsection D of 20.11.61.11 NMAC as applicable with respect to each emissions unit, for each type of emissions unit equals or exceeds the signifi cant amount for that pollutant. E.For any major stationary source for a PAL for a regulated NSR pollutant, the major stationary source shall comply with requirements under 20.11.61.20 NMAC. [20.11.61.11 NMAC - N, 1/23/06; A, 8/30/10; A, 1/10/11; A, 5/13/13; A, 5/29/15]

__________________________________ 

### HUMAN SERVICES DEPARTMENT MEDICAL SERVICES DIVISION

Explanatory paragraph: This is an emergency amendment to 8.321.2 NMAC, Section 10, effective May 15, 2015. In 8.321.2.10 NMAC, Paragraphs (1) through (3) of Subsection A and Subsections B through I were not published as there were no changes.

8.321.2.10 APPLIED BEHAVIOR ANALYSIS:MAD pays for medically necessary, empirically supported, applied behavior analysis (ABA) services for eligible recipients 12 months up to 21 years of age who have a well-documented medical diagnosis of autism spectrum disorder (ASD), and for eligible recipients 12 monthsup to three years of age who have welldocumented risk for the development of ASD. ABA services are provided to an eligible recipient as part of a three-stage comprehensive approach consisting of evaluation, assessment, and treatment which stipulates that ABA services be provided in coordination with other medically necessary services (e.g., family infant toddler program (FIT) services, occupational therapy, speech language therapy, medication management, etc.). Following a referral to an approved autism evaluation provider (AEP) to confi rm the presence of, or risk for ASD, utilizing a comprehensive diagnostic evaluation, and the production of an integrated service plan (ISP) (stage 1), a behavior analytic assessment is conducted and a behavior analytic treatment plan is developed as appropriate for the selected service model (stage 2). ABA services are then rendered by an approved ABA provider (AP) in accordance with the treatment plan (stage 3). A HSD MCO must provide intensive care coordination of services for members authorized for ABA services. See the ABA billing instructions for detailed information for eligible providers and practitioners, service requirements, prior authorizations, and reimbursement for ABA stages 1 through 3. In this section of this rule, members of a MCO are included in the term eligible recipients. A. Eligible providers: ABA services are rendered by a number of providers and practitioners: an AEP; a behavior analyst (BA), a behavior technician (BT) through an AP; and an ABA specialty care provider. Each ABA provider and practitioner has corresponding enrollment requirements and renders unique services according to his or her provider type and specialty. As an example, a practitioner may be eligible to render services as an AEP, BA or an ABA specialty care provider when the specifi c ABA billing requirements are met. A BT may only render BT services. A BA may render BT services or possibly ABA specialty care services.

***

(4) Stage 2 interim ABA provider/supervisor - (time-limited):Up to and including [December 31, 2015] June 30, 2016, ABA services may be delivered and supervised by a clinician who has the minimum qualifi cations listed below; however, the provider may not refer to him/herself as a “behavior analyst” as this title is reserved for those meeting the criteria above. Rather, the provider, approved on a temporary basis only, may refer to him/ herself as an “interim ABA supervisor” or “interim ABA practitioner.” The AP must provide documentation of all of the following: (a) a master’s degree [in a behavioral health or therapeutic discipline that allows for the provider to be a recognized behavioral health independently licensed provider] which the BACB® recognizes and would lead to certifi cation as a BCBA; (b) New Mexico licensure, as appropriate for degree and discipline; (c) clinical experience and supervised training in the evidence-based treatment of children with ASD, specifi cally ABA; (d) experience in supervising direct support personnel in the delivery and evaluation of ABA services. (5) Stage 3 behavioral technician:A BT, under supervision of a BA, may implement Stage 3 ABA treatment plan interventions/ services. MAD recognizes two types of BTs: (a) [Documented credentialing in behavior analysis: on or following January 1, 2015, provide written attestation, and when appropriate provide formal records, documenting that the BT meets the following requirements:] Registered behavioral technician® (RBT®) by the BACB® with the following: (i) be at least 18 years of age; (ii) possess a minimum of a high school diploma or equivalent; (iii) successfully complete a criminal background registry check; (iv) complete a minimum of four hours of training in ASD (prior to the BT billing for ABA services) including, but not limited to, training about prevalence, etiology, core symptoms, characteristics, and learning differences; (v) complete 40 hours of training in ABA that meets the requirements for Registered behavioral technician(RBT®) by the BACB®; (vi) at least 20 hours of RBT training (in addition) to the four hours of ASD training) must occur prior to the AP billing for BT services; the other 20 hours of RBT training must be accrued, and RBT® certifi cation from the BABC must be secured, no more than 90 calendar days following the fi rst submission of billing for BT services. (b) Documented training in behavior analysis, without RBT® credential - (time-limited):the BT may render services for up to six months while working towards his or her certifi cation as a RBT® when the AP provides written attestation that the BT meets the following requirements: (i) be at least 18 years of age; (ii) possess a minimum of a high school diploma or equivalent; (iii) successfully complete a criminal background registry check; (iv) complete a minimum of four hours of training in ASD including, but not limited to, training about prevalence, etiology, core symptoms, characteristics, and learning differences prior to the AP billing

### New Mexico Register / Volume XXVI, Issue 10 / May 29, 2015

20.11.61 NMAC 1 This is an amendment to 20.11.61 NMAC, Sections 7 and 11, effective 5/29/2015.

20.11.61.7 DEFINITIONS:In addition to the definitions in 20.11.61 NMAC, the definitions in 20.11.1 NMAC, General Provisions, shall apply unless there is a conflict between definitions, in which case the definition in 20.11.61 NMAC shall govern. A. “Act”means the federal Clean Air Act, as amended, 42 U. S. C. Sections 7401 et seq. B. “Actual emissions”means the actual rate of emissions of a regulated NSR pollutant from an emissions unit, as determined in accordance with Paragraphs (2) through (4) of Subsection B of 20.11.61.7 NMAC. (1)This definition shall not apply for calculating whether a significant emissions increase has occurred, or for establishing a PAL under 20.11.61.20 NMAC. Instead, Subsections I and VV of 20.11.61.7 NMAC shall apply for those purposes. (2)In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during a consecutive 24-month period which precedes the particular date and which is representative of normal source operation. The department shall allow the use of a different time period upon a determination that it is more representative of normal source operation. Actual emissions shall be calculated using the unit’s actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period. (3)The department may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions of the unit. (4)For any emissions unit that has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date. C. “Administrator”means the administrator of the U.S. environmental protection agency (EPA) or an authorized representative. D. “Adverse impact on visibility”means visibility impairment which interferes with the management, protection, preservation, or enjoyment of the visitor’s visual experience of the federal class I area. This determination must be made on a case-by-case basis taking into account the geographic extent, intensity, duration, frequency, and time of the visibility impairments and how these factors correlate with the following: (1)times of visitor use of the federal class I area; and (2)the frequency and timing of natural conditions that reduce visibility. This term does not include effects on integral vistas as defined in 40 CFR 51.301 Definitions

. E. “Air quality related values (AQRV)”means visibility and other scenic, cultural, physical, biological, ecological, or recreational resources which may beaffected by a change in air quality resulting from the emissions of a proposed major stationary source or major modification that interferes with the management, protection, preservation, or enjoyment of the AQRV of a federal class I area. F. “Allowable emissions”means the emissions rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to federally enforceable limits which restrict the operating rate, or hours of operation, or both) and the most stringent of the following: (1)the applicable standards as set forth in 40 CFR Parts 60 and 61; (2)the applicable state implementation plan emissions limitation, including those with a future compliance date; or (3) the emissions rate specified as a federally enforceable permit condition, including those with a future compliance date. G. “Associated emission sources”means secondary emissions and all reasonably foreseeable emissions of regulated pollutants from the growth of general residential, commercial, industrial, governmental emission sources and other mobile and non-mobile emission sources which are associated with or support the proposed new major stationary source or major modification. Other mobile and non-mobile emission sources shall include, but not be limited to, new highways and roads or improvements to existing highways and roads to increase capacity, new parking facilities or improvements to existing parking facilities to increase capacity, service enhancements to ground and air public transportation to include the building of new public transportation facilities or improvements to existing public transportation facilities to increase capacity; and the building of new public or private educational facilities or improving existing public or private educational facilities to increase enrollment. H. “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 NAAQS for such pollutant, and is so designated under Section 107(d)(1)(D) or (E) of the act. I. “Baseline actual emissions”means the rate of emissions, in tons per year, of a regulated NSR pollutant, as determined in accordance with Paragraphs (1)-(4) of Subsection I of 20.11.61.7 NMAC.

### New Mexico Register / Volume XXVI, Issue 10 / May 29, 2015

20.11.61 NMAC 2 (1)For any existing electric utility steam generating unit, baseline actual emissions means the average rate, in tons per year, at which the unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the five year period immediately preceding when the owner or operator begins actual construction of the project. The department shall allow the use of a different time period upon a determination that it is more representative of normal source operation. (a)The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. (b)The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating a bove an emission limitation that was legally enforceable during the consecutive 24-month period. (c)For a regulated NSR 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 NSR pollutant. (d)The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by Subparagraph (b) of Paragraph (1) of Subsection I of 20.11.61.7 NMAC. (2)For an existing emissions unit (other than an electric utility steam generating unit), baseline actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 10 year period immediately preceding either the date the owner or operator begins actual construction of the project, or the date a complete permit application is received by the department for a permit required either under 20.11.61 NMAC or under a plan approved by the administrator, whichever is earlier, except that the 10 year period shall not include any period earlier than November 15, 1990. (a)The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. (b)The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating a bove an emission limitation that was legally enforceable during the consecutive 24-month period. (c)The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply, had such major stationary source been required to comply with such limitations during the consecutive 24-month period. However, if an emission limitation is part of a maximum achievable control technology standard that the administrator proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted if the state has taken credit for such emissions reductions in an attainment demonstration or maintenance plan consistent with the requirements of 40 CFR 51.165(a)(3)(ii)(G). (d)For a regulated NSR 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 NSR pollutant. (e)The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by Subparagraphs (b) and (c) of Paragraph (2) of Subsection I of 20.11.61.7 NMAC. (3)For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initial constr uction 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 Subsection I of 20.11.61.7 NMAC, for other existing emissions units in accordance with the procedures contained in Paragraph (2) of Subsection I of 20.11.61.7 NMAC, and for a new emissions unit in accordance with the procedures contained in Paragraph (3) of Subsection I of 20.11.61.7 NMAC. J. “Baseline area” (1)Means any intrastate area (and every part thereof) designated as attainment or unclassifiable under Section 107(d)(1)(A)(ii) or (iii) of the act inwhich 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 (1 μg/m3

### ) (annual average) for SO2

### , NO2

### or PM10

### ; or equal to or greater than 0.3 μg/m3

### (annual average) for PM2.5

### .

### New Mexico Register / Volume XXVI, Issue 10 / May 29, 2015

20.11.61 NMAC 3 (2)Area redesignations under Section 107(d)(1)(A)(ii) or (iii) of the act cannot intersect or be smaller than the area of impact of any major stationary source or major modification which: (a)establishes a minor source baseline date; or (b)is subject to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166, and would be constructed in the same state as the state proposing the redesignation. (3)Any baseline area established originally for total suspended particulates (TSP) increments shall remain in effect and shall apply for purposes of determining the amount of available PM10

### increments, except that such baseline area shall not remain in effect if the department rescinds the corresponding minor source baseline date in accordance with Paragraph (3) of Subsection MM of 20.11.61.7 NMAC. K. “Baseline concentration”means that ambient concentration level that exists in the baseline area at the time of the applicable minor source baseline date. (1)A baseline concentration is determined for each pollutant for which a minor source baseline date is established and shall include: (a)the actual emissions representative of sources in existence on the applicable minor source baseline date, except as provided in Paragraph (2) of Subsection K of 20.11.61.7 NMAC; (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 from any major stationary source on which construction commenced after the major source baseline date; and (b)actual emissions increases and decreases at any stationary source occurring after the minor source baseline date. L. “Begin actual construction”means, in general, the initiation of physical onsite construction activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying of underground pipework and construction of permanent storage structures. With respect to a change in method of operation, this term refers to those on-site activities, other than preparatory activities which mark the initiation of the change. M. “Best available control technology (BACT)”means an emissions limitation (including a visible emission standard) based on the maximum degree of reduction for each regulated NSR pollutant which would be emitted from any proposed major stationary source or ma jor modification, which the director on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant. In no event shall application of best available control technology result in emissions of any pollutant which would exceed the emissions allowed by any applicable standard under 40 CFR Parts 60 and 61. If the director determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the application of best available control technology. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice, or operation, and shall provide for compliance by means which achieve equivalent results. N. “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 underthe control of the same person (or persons under common control) except the activities of any vessel. 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) asdescribed 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. O. “Class I area”means any federal land that is classified or reclassified as “class I” as listed in 20.11.61.25 NMAC. P. “Commence”as applied to construction of a major stationary source or major modification, means that the owner or operator has all necessary preconstruction approvals or permits and either has: (1)begun, or caused to begin, a continuous program of actual on-site construction of the source, to be completed within a reasonable time; or

### New Mexico Register / Volume XXVI, Issue 10 / May 29, 2015

20.11.61 NMAC 4 (2)entered into binding agreements or contractual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time. Q. “Complete”means, in reference to an application for a permit, that the department has determined the application contains all of the information necessary for processing the application. Designating an application complete for purposes of permit processing does not preclude the department from requesting or accepting any additional information. R. “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. S. “Continuous emissions monitoring system (CEMS)”means all of the equipment that may be required to meet the data acquisition and availability requirements of 20.11.61 NMAC, to sample, condition (if applicable), analyze, and provide a recordof emissions on a continuous basis. T. “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). U. “Continuous parameter monitoring system (CPMS)”means all of the equipment necessary to meet the data acquisition and availability requirements of 20.11.61 NMAC, to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O2

### or CO2

### concentrations), and to record average operational parameter value(s) on a continuous basis. V. “Department”means the city of Albuquerque, environmental health department or its successor agency. W. “Director”means the director of the city of Albuquerque, environmental health department or the director of its successor agency. X. “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 toa steam-electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity of the affected facility. Y. “Emissions unit”means any part of a stationary source that emits or would have the potential to emit any regulated NSR pollutant and includes an electric utility steam generating unit as defined in 20.11.61.7 NMAC. For purposes of 20.11.61 NMAC, there are two types of emissions units as follows: (1)a new emissions unit is any emissions unit that is (or will be) newly constructed and that has existed for less than two years from the date such emissions unit first operated; (2)an existing emissions unit is any emissions unit that does not meet the requirements in Paragraph (1) of Subsection Y of 20.11.61.7 NMAC. A replacement unit is an existing unit. Z. “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 department) with authority over such lands. AA. “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 (SIP); (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 operating permits issued under an EPA-approved program that expressly requires adherence to any permit issued under such program. BB. “Fugitive emissions”means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. CC. “Greenhouse gases” or “GHGs”means the air pollutant defined in § 86.1818–12(a) of Chapter I of Title 40 of the CFR, as the aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. DD. “High terrain”means any area having an elevation 900 feet or more above the base of a source’s stack. EE. “Indian governing body”means the governing body of any tribe, band, or group of Indians subject to the jurisdiction of the United States and recognized by the United States as possessing power of selfgovernment.

### New Mexico Register / Volume XXVI, Issue 10 / May 29, 2015

20.11.61 NMAC 5 FF. “Innovative control technology”means any system of air pollution control that has not been adequately demonstrated in practice, but 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. GG. “Low terrain”means any area other than high terrain. HH. “Lowest achievable emission rate (LAER)”means, for any source, the more stringent rate of emissions based on the following: (1)the most stringent emissions limitation which is contained in the implementation plan of any state for such class or category of stationary source, unless the owner or operator of the proposed stationary source demonstrates that such limitations are not achievable; or (2)the most stringent emissions limitation which is achieved in practice by such class or category of stationary source; this limitation, when applied to a modification, means the lowest achievable emissions rate for the new or modified emissions units within the stationary source; in no event shall the application of this term permit a proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under an applicable new source standard of performance. II. “Major modification” (1)Means any physical change in or change in the method of operation of a major stationary source that would result in: a significant emissions increase of a regulated NSR pollutant; and a significant net emissions increase of that pollutant from the major stationary source. (2)Any significant emissions increase from any emissions units or net emissions increase at a major stationary source that is significant for volatile organic compounds or oxides of nitrogen shall be considered significant for ozone. (3)A physical change or change in the method of operation shall not include: (a)routine maintenance, repair, and replacement; (b)use of an alternative fuel or raw material by reason of an order under Section 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan pursuant to the Federal Power Act; (c)use of an alternative fuel by reason of an order or rule under Section 125 of the act; (d)use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste; (e)use of an alternative fuel or raw material by a stationary source which: (i)the source was capable of accommodating before January 6, 1975, unless such change would be prohibited under any federally enforceable permit condition which was established after January 6, 1975 pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Subpart I 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 condition which was established after January 6, 1975, pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Subpart I 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 NAAQS during the project and after it is terminated; (i)the installation or operation of a permanent clean coal technology demonstration project that constitutes repowering, provided that the project does not result in an increase in the potential to emit of any regulated NSR pollutant emitted by the unit; this exem ption shall apply on a pollutant-by-pollutant basis; or (j)the reactivation of a very clean coal-fired electric utility steam generating unit. (4)This definition shall not apply with respect to a particular regulated NSR pollutant when the major stationary source is complying with the requirements under 20.11.61.20 NMAC for a PAL for that pollutant. Instead, the definition at Paragraph (8) of Subsection B of 20.11.61.20 NMAC shall apply. JJ. “Major source baseline date”means:

### New Mexico Register / Volume XXVI, Issue 10 / May 29, 2015

20.11.61 NMAC 6 (1)in the case of PM10

### and 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. KK. “Major stationary source” (1)means: (a)any stationary source listed in Table 1 of 20.11.61.26 NMAC which emits, or has the potential to emit, 100 tons per year or more of any regulated NSR pollutant; (b)notwithstanding the stationary source categories specified in Subparagraph (a) of Paragraph (1) of Subsection KK of 20.11.61.7 NMAC, any stationary source which emits, or has the potential to emit, 250 tons per year or more of any regulated NSR pollutant; or (c)any physical change that would occur at a stationary source not otherwise qualifying under Subsection KK of 20.11.61.7 NMAC, as a major stationary source if the change would constitute a major stationary source by itself. (2) A major source that is major for volatile organic compounds or oxides of nitrogen shall be considered major for ozone. (3)The fugitive emissions of a stationary source shall not be included in determining whether it is a major stationary source, unless the source belongs to one of the stationary source categories found in Table 1 of 20.11.61.26 NMAC or any other stationary source category which, as of August 7, 1980, is being regulated under Section 111 or 112 of the act. LL. “Mandatory federal class I area”means any area identified in 40 CFR Part 81, Subpart D. MM. “Minor source baseline date”means the earliest date after the trigger date on which a major stationary source or major modification subject to 40 CFR 52.21, or to regulations approved pursuant to 40 CFR 51.166, submits a complete application under the relevant regulations. (1)The trigger dates are: (a)August 7, 1977, for PM10

### and sulfur dioxide; and (b)February 8, 1988 for nitrogen dioxide; and (c)October 20, 2011, for PM2.5

### . (2)The baseline date is established for each pollutant for which increments or other equivalent measures have been established if: (a)the area in which the proposed major stationary source or major modification would construct is designated as attainment or unclassifiableunder Section 107(d)(1)(A)(ii)or (iii) of the federal act for the pollutant on the date of its complete application under 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166; and (b)in the case of a major stationary source, the pollutant would be emitted in significant amounts, or in the case of a major modification,there would be a significant net emissions increase of the pollutant. (3)Any minor source baseline date established originally for the TSP increments shall remain in effect and shall apply for purposes of determining the amount of available PM10

### increments, except that the department may rescind any such minor source baseline date where it can be shown, to the director’s satisfaction that, either 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. NN. “Natural conditions”includes naturally occurring phenomena that reduce visibility as measured in terms of visual range, contrast or coloration. OO. “Necessary preconstruction approvals or permits” mean 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. PP. “Net emissions increase” (1)Means, that with respect to any regulated NSR pollutant emitted by a major stationary source, the amount by which the sum of the following exceeds zero: (a)the increase in emissions from a particular physical change or change in the method of operation at a stationary source as calculated pursuant to Subsection D of 20.11.61.11 NMAC; and (b)any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are otherwise creditable; baseline actual emissions for calculating increases and decreases shall be determined as provided in Subsection I of 20.11.61.7 NMAC, except that Subparagraph (c) of Paragraph (1) and Subparagraph (d) of Paragraph (2) of Subsection I of 20.11.61.7 NMAC shall not apply.

### New Mexico Register / Volume XXVI, Issue 10 / May 29, 2015

20.11.61 NMAC 7 (2)An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs between: (a)the date five years prior to the commencement of construction on the particular change; and (b)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 between: (i)the date five years prior to the commencement of construction on the particular change; and (ii)the date that the increase from the particular change occurs; and (b)the department has not relied on it in issuing a permit for the source under regulations approved pursuant to 40 CFR 51.166, which permit is in effect when the increase in actual emissions from the particular change occurs; and (c)the increase or decrease in emissions did not occur at a clean unit, as defined in 40 CFR 51.166 (b)(3)(iii)(c) and Federal Register Vol. 76 No. 61, 3/30/11, p. 17554. (d)As it pertains to an increase or decrease in fugitive emissions (to the extent quantifiable), it occurs at an emissions unit that is part of one of the source categories listed in Paragraph (3) of Subsection KK of 20.11.61.7 NMAC or it occurs at an emission unit that is located at a major stationary source that belongs to one of the listed source categories. Fugitive em ission increases or decreases are not included for those emissions units located at a facility whose primary activity is not represented by one of the source categories listed in Paragraph (3) of Subsection KK of 20.11.61.7 NMAC and that are not, by themselves, part of a listed source category. (4)An increase or decrease in actual emissions of sulfur dioxide, particulate matter, or oxides of nitrogen 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; and (7)an increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant; any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days. (8)Paragraph (2) of Subsection B of 20.11.61.7 NMAC shall not apply for determining creditable increases and decreases. QQ. “Nonattainment area”means an area which has been designated under Section 107 of the act as nonattainment for one or more of the NAAQS by EPA. RR. “Portable stationary source”means a source which can be relocated to another operating site with limited dismantling and reassembly. SS. “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 the limitation would have on emissions is federally enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source. TT. “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. UU. “Project”means a physical change in, or change in method of operation of, an existing major stationary source. VV. “Projected actual emissions”

### New Mexico Register / Volume XXVI, Issue 10 / May 29, 2015

20.11.61 NMAC 8 (1)Means the maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated NSR pollutant in any one of the five years (12-month period) following the date the unit resumes regular operation after the project, or in any one of the 10 years following that date, if the project involves increasing the emissions unit’s design capacity or its potential to emit that regulated NSR pollutant, and full utilization of the unit would result in a significant emissions increase, or a significant net emissions increase at the major stationary source. (2)In determining the projected actual emissions (before beginning actual construction), the owner or operator of the major stationary source: (a)shall consider all relevant information, including but not limited to, historical operational data, the company’s own representations, the company’s expected business activity and the company’s highest projections of business activity, the company’s filings with the state or federal regulatory authorities, and compliance plans under an approved SIP; and (b)shall include fugitive emissions to the extent quantifiable and emissions associated with startups, shutdowns, and malfunctions; and (c)shall exclude, in calculating any increase in emissions that results from the particular project, that portion of the unit’s emissions following the project that an existing unit could have accommodated during the consecutive 24-month period usedto establish the baseline actual emissions under Subsection I of 20.11.61.7 NMAC and that are also unrelated to the particular project, including any increased utilization due to product demand growth; or (3)in lieu of using the method set out in Subparagraphs (a)-(c) of Paragraph (2) of Subsection VV of 20.11.61.7 NMAC, may elect to use the emissions unit’s potential to emit in tons per year. WW. “Regulated new source review pollutant” or “regulated NSR pollutant” means the following: (1)any pollutant for which a NAAQS has been promulgated; this includes, but is not limited to the following: (a)PM2.5

### emissions and PM10

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

### and PM10

### in PSD permits; compliance with emissions limitations for PM2.5

### and PM10 

### issued prior to this date shall not be based on condensable particulate matter unless required by the terms and conditions of the permit or the applicable implementation plan; applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation of 40 CFR 51.166 unless the applicable implementation plan required condensable particulate matter to be included; (b)any pollutant identified under Subparagraph (b) of Paragraph (1) of Subsection WW of 20.11.61.7 NMAC as a constituent or precursor toa pollutant for which a NAAQS has been promulgated; precursors identified by the administrator for purposes of NSR are the following: (i)volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and unclassifiable areas; (ii)sulfur dioxide is a precursor to PM2.5

### in all attainment and unclassifiable areas; (iii)nitrogen oxides are presumed to be precursors to PM2.5

### in all attainment and unclassifiable areas, unless the state demonstrates to the administrator’s satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area’s ambient PM 2.5

### concentrations; (iv)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; (4)any pollutant that otherwise is “subject to regulation” under the act as defined in Subsection CCC of 20.11.61.7 NMAC; (5)notwithstanding Paragraphs (1) through (4) of Subsection WW of 20.11.61.7 NMAC, 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

### New Mexico Register / Volume XXVI, Issue 10 / May 29, 2015

20.11.61 NMAC 9 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; (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 (or any earlier date established in the upcoming rulemaking codifying test methods), such condensable particulate matter shall be accounted for in a pplicability determinations and in establishing emissions limitations for PM, PM2.5

### and PM10

### 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 particulate matter shall not be considered in violation of 20.11.61 NMAC unless the applicable implementation plan required condensable particulate matter to be included. XX. “Replacement unit”means an emission unit for which all of the following criteria are met. No creditable emission reductions shall begenerated from shutting down the existing emissions unit that is replaced. (1)The emissions unit is a reconstructed unit within the meaning of 40 CFR 60.15(b)(1), or the emissions unit completely takes the place of an existing emissions unit. (2)The emissions unit is identical to or functionally equivalent to the replaced emissions unit. (3)The replacement unit does not change the basic design parameter(s) of the process unit. (4)The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter. If the replaced emissions unit is brought back into operation, it shall constitute a new emissions unit. YY. “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 40 CFR 51.166, secondary emissions must be specific, well defined, quantifiable, and impact the same general areas as the stationary source or modification which causes the secondary emissions. Secondary emissions include emissions from any offsite support facility which would not be constructed or increase its emissions except as a result of the construction or operation of the major stationary source or major modification. Secondary emissions do not include any emissions which come directly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel. ZZ. “Significant”means: (1)in reference to a net emissions increase or the potential of a source to emit any of the pollutants listed in Table 2 of 20.11.61.27 NMAC, a rateof emissions that would equal or exceed any of the corresponding emission rates listed in Table 2 of 20.11.61.27 NMAC; (2)in reference to a net emissions increase or the potential of a source to emit a regulated NSR pollutant that Paragraph (1) of Subsection ZZ of 20.11.61.7 NMAC, does not list, any emissions rate; and (3)notwithstanding Paragraph (1) of Subsection ZZ of 20.11.61.7 NMAC, any emissions rate or any net emissions increase associated with a major stationary source or major modification, which would construct within 10 kilometers of a class I area, and have an impact on sucharea equal to or greater than 1 μg/m3 

### (24-hour average). AAA. “Significant emissions increase”means, for a regulated NSR pollutant, an increase in emissions that is significant for that pollutant. BBB. “Stationary source”means any building, structure, facility, or installation which emits, or may emit, any regulated NSR pollutant. CCC. “Subject to regulation”means, for any air pollutant, that the pollutant is subject to either a provision in the Clean Air Act, or a nationally-applicable regulation codified by the administrator in Subchapter C of Chapter I of Title 40 of the CFR, that requires actual control of the quantity of emissions of that pollutant, and that such a control requirement has taken effect 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 (4) and (5) of Subsection CCC of 20.11.61.7 NMAC 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 20.11.61.20 NMAC, and complies with the PAL permit containing the GHG PAL. (2)For purposes of Paragraphs (3) through (5) of Subsection CCC of 20.11.61.7 NMAC, the term “tpy CO2

### equivalent emissions (CO2

### e)” shall represent an amount of GHGs emitted, and shall be computed as follows:

### New Mexico Register / Volume XXVI, Issue 10 / May 29, 2015

20.11.61 NMAC 10 (a)multiplying the mass amount of emissions (tpy), 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 Part 98 of Chapter I of Title 40 of the CFR — Global Warming Potentials[;for purposes of Paragraph (2) of Subsection CCC of 20.11.61.7 NMAC, 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 non-fossilized andbiodegradable organic material originating from plants, animals, or micro-organisms (including products, byproducts, residues and waste from agriculture, forestry and related industries as well as the non-fossilized 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 CCC of 20.11.61.7 NMAC for each gas to compute a tpy CO2

### e. (3)The term “emissions increase” as used in Paragraphs (4) and (5) of Subsection CCC of 20.11.61.7 NMAC, shall mean that both a significant emissions increase (as calculated using the procedures in Subsection D of 20.11.61.11 NMAC) and a significant net emissions increase (as defined in Subsection PP of 20.11.61.7 NMAC and Subsection ZZ of 20.11.61.7 NMAC) occur. For the pollutant GHGs, an emissions increase shall be based on tpy CO2

### e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, and “significant” is defined as 75,000 tpy CO2

### e instead of applying the value in Table 2 of 20.11.61.27 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 tpy CO2

### e 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 emissionsincrease of a regulated NSR pollutant, and an emissions increase of 75,000 tpy CO2

### e or more; and, (5)beginning July 1, 2011, in addition to the provisions in Paragraph (4) of Subsection CCC of 20.11.61.7 NMAC, 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 tpy CO2

### e; or (b)at an existing stationary source that emits or has the potential to emit 100,000 tpy CO2

### e, 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 tpy CO2

### e or more. DDD. “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. EEE. “Visibility impairment”means any humanly perceptible change in visibility (visual range, contrast, coloration) from that which would have existed under natural conditions. FFF. “Volatile organic compound (VOC)”means any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic car bides or carbonates, and ammonium carbonate, which participates in atmospheric photochemical reactions; this includes any such organic compound other than those which the administrator designates as having negligible photochemical reactivity under 40 CFR 51.100(s). [20.11.61.7 NMAC - Rp, 20.11.61.7 NMAC, 1/23/06; A, 5/15/06; A, 8/30/10; A, 1/10/11; A, 5/13/13; A, 5/29/15]

20.11.61.11 APPLICABILITY: A.The requirements of 20.11.61 NMAC apply to the construction of any new major stationary source or any project at an existing major stationary sourcein an area designated as attainment or unclassifiable. B.[The requirements of Sections 20.11.61.12 NMAC and 20.11.61.13 NMAC, Subsections A through C of 20.11.61.14 NMAC, Paragraph (1) of Subsection B of 20.11.61.15 NMAC, Subsections A and B of 20.11.61.16 NMAC, 20.11.61.17 NMAC, Subsections A through C of 20.11.61.18 NMAC, Subsections B and C of 20.11.61.21 NMAC and 20.11.61.24 NMAC apply to the construction of any new major stationary source or the major modification of any existing major stationary source, except as 20.11.61 NMAC otherwise provides. C.No new major stationary source or major modification to which the requirements of Subsections A, B, C and D of 20.11.61.12 NMAC, Section 20.11.61.13 NMAC, Subsections A through C of 20.11.61.14 NMAC, Paragraph (1) of Subsection B of 20.11.61.15 NMAC, Subsections A and B of 20.11.61.16 NMAC, 20.11.61.17 NMAC, Subsections A through C of 20.11.61.18 NMAC, Subsections B and C of 20.11.61.21 NMAC and 20.11.61.24 NMAC apply shall begin actual construction without a permit that states that the major stationary source or major modification will meet those requirements.] The requirements of 20.11.61.12 NMAC through 20.11.61.18 NMAC, 20.11.61.21 NMAC and 20.11.61.24 NMAC apply to the construction of any new major

### New Mexico Register / Volume XXVI, Issue 10 / May 29, 2015

20.11.61 NMAC 11 stationary source or the major modification of any existing major stationary source except as 20.11.61 NMAC otherwise provides. C.No new major stationary source or major modification to which the requirements of Subsections A, B, C, and D of 20.11.61.12 NMAC, 20.11.61.13 NMAC through 20.11.61.18 NMAC, 20.11.61.21 NMAC and 20.11.61.24 NMAC apply shall begin actual construction without a permit that states that the major stationary source or major modification will meet those requirements. D. Applicability procedures. (1)Except as otherwise provided in Subsection E of 20.11.61.11 NMAC, and consistent with the definition of major modification, a project is a major modification for a regulated NSR pollutant if it causes a significant emissions increase and a significant net emissions increase. The project is not a major modification if it does not cause a significant emissions increase. If the project causes a significant emissions increase, then the project is a major modification only if it also results in a significant net emissions increase. (2)The procedure for calculating (before beginning actual construction) whether a significant emissions increase (i.e., the first step of the process) will occur depends upon the type of emissions units being modified, according to Paragraphs(3) through (5) of Subsection D of 20.11.61.11 NMAC. The procedure for calculating (before beginning actual construction) whether a significant net emissions increase will occur at the major stationary source (i.e., the second step of the process) is contained in the definition in Subsection PP of 20.11.61.7 NMAC. Regardless of any such preconstruction projections, a major modification results if the project causes a significant emissions increase and a significant net emissions increase. (3) Actual-to-projected-actual applicability test for projects that only involve existing emissions units.A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the projected actual emissions and the baseline actual emissions for each existing emissions unit equals or exceeds the significant amount for that pollutant. (4) Actual-to-potential test for projects that only involve construction of a new emissions unit(s).A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the potential to emit from each new emissions unit following completion of the project and the baseline actual emissions of these units before the project equals or exceeds the significant amount for that pollutant. (5) Hybrid test for projects that involve multiple types of emissions units.A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the emissions increases for each emissions unit, using the method specified in Paragraphs (3) and (4) of Subsection D of 20.11.61.11 NMAC as applicable with respect to each emissions unit, for each type of emissions unit equals or exceeds the significant amount for that pollutant. E.For any major stationary source for a PAL for a regulated NSR pollutant, the major stationary source shall comply with requirements under 20.11.61.20 NMAC. [20.11.61.11 NMAC - N, 1/23/06; A, 8/30/10; A, 1/10/11; A, 5/13/13; A, 5/29/15]

# Attachment C

Attachment C contains copies of the following.

Notice of Intent to Present Technical Testimony, with supporting exhibits, filed April 14, 2015, regarding Air Board hearing on proposed amended 20.11.61 NMAC.



# Attachment C is in the attachment to this Regulations.gov document.

# Attachment D

Attachment D contains copies of the following.

Hearing record transcripts for April 30, 2015 hearing of the Air Board.

### 201 Third St. NW, Ste. 1630, Albuquerque NM 87102 info@litsupport.com BEAN & ASSOCIATES, INC. 505-843-9494 

## ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD

In the Matter of the Petition to Amend 20.11.61, NMAC, Prevention of Significant Deterioration, and Submit the Adopted 20.11.61 to the U.S. Environmental Protection Agency for Proposed Incorporation into the New Mexico State Implementation Plan for Air Quality (SIP) (AQCB Petition No. 2015-2) HEARING Before Hearing Officer Felicia Orth April 30, 2015 6:20 p.m. Vincent E. Griego Chambers Albuquerque-Bernalillo County Government Center One Civic Plaza, NW Albuquerque, New Mexico

Board Members Present: Jane Cudney-Black, Vice Chair Augustine Grace Jens Deichmann Donna Upson Deborah L. Stover Lenton Malry James Peck

REPORTED BY: Deborah L. O'Connor, RPR, CRR New Mexico CCR No. 297 Bean & Associates, Inc. Professional Court Reporting Service 201 Third Street, NW, Suite 1630 Albuquerque, New Mexico 87102

(2568L) DEB

### 201 Third St. NW, Ste. 1630, Albuquerque NM 87102 info@litsupport.com BEAN & ASSOCIATES, INC. 505-843-9494 Page 2

1 

# HEARING OFFICER ORTH: There will be a

2 

# second hearing, and this is on the petition to

3 

# adopt AQCB Petition No. 2015-2. This is a petition

4 

# to amend Section 20.11.61 NMAC, Prevention of

5 

# Significant Deterioration, and to submit the

6 

# adopted 20.11.61 NMAC to the U.S. Environmental

7 

# Protection Agency for proposed incorporation into

8 

# the New Mexico State implementation plan for air

9 

# quality.

10 

# This hearing will be conducted in

11 

# accordance with Section 20.11.82 of the

12 

# Administrative Code and the board's rules.

13 

# Testimony will be taken under oath and is subject to

14 

# cross-examination. The Board may make a decision on

15 

# the petition at the end of the hearing. Again, we

16 

# have Mr. Merta as presenter. Mr. Merta.

17 

# ED MERTA,

18 

# having been first duly sworn, testified as follows:

19 

# MR. MERTA: So good evening, Madam Chair,

20 

# Madam Hearing Officer, Members of the Board. My

21 

# name is Ed Merta. I am the Air Quality Regulation

22 

# Development Coordinator with the City of

23 

# Albuquerque, Environmental Health Department, Air

24 

# Quality Program, and I'd like to begin by asking

25 

# that the notice of intent containing my full

### 201 Third St. NW, Ste. 1630, Albuquerque NM 87102 info@litsupport.com BEAN & ASSOCIATES, INC. 505-843-9494 Page 3

1 

# written testimony and exhibits be adopted while I'm

2 

# under oath and admitted into the administrative

3 

# record.

4 

# HEARING OFFICER ORTH: Thank you.

5 

# Mr. Merta, your testimony is admitted and your

6 

# Exhibits 1 through 10.

7 

# MR. MERTA: The purpose of my testimony

8 

# is to request specific amendments to 20.11.61,

9 

# New Mexico Administrative Code. What is this

10 

# regulation? It creates a program called the

11 

# Prevention of Significant Deterioration Program or

12 

# PSD. This program is required under federal law

13 

# and must conform to specific federal regulations.

14 

# What is its purpose? It ensures that

15 

# national ambient air quality standards will continue

16 

# to be met in areas that have attained these federal

17 

# standards.

18 

# How does it do this? It requires

19 

# permits for certain new, large sources of pollutants

20 

# regulated under the federal standards. These

21 

# permits limit the addition of more pollution into

22 

# the air so that the area continues to be in

23 

# attainment. Before a source can obtain such a

24 

# permit, it must show that it will not surpass the

25 

# allowable limits of added pollution and so cause or

### 201 Third St. NW, Ste. 1630, Albuquerque NM 87102 info@litsupport.com BEAN & ASSOCIATES, INC. 505-843-9494 Page 4

1 

# contribute to a violation of a federal standard.

2 

# So why are the amendments to our

3 

# local PSD regulation necessary? First, because of

4 

# EPA changes to PSD regulations at the federal level.

5 

# These changes took place from 2008 to 2012. They

6 

# affected many different aspects of federal PSD

7 

# requirements, including those related to greenhouse

8 

# gases, among others. The Air Board responded to

9 

# these changes as EPA made them, making changes to

10 

# our local PSD regulation, as required by federal

11 

# law.

12 

# The State Air Act and local

13 

# ordinances also require and authorize such actions

14 

# by the Board. The most recent PSD changes came in

15 

# April 2013 when the Board adopted a number of

16 

# amendments and approved their submission to EPA. An

17 

# EPA review of the amendments is now underway. As

18 

# part of its review, EPA has requested three

19 

# additional amendments, which are the subject of my

20 

# testimony.

21 

# So what are the amendments that EPA

22 

# is requesting and are proposed by the Environmental

23 

# Health Department? Amendment No. 1 is required by a

24 

# federal court decision that occurred after the 2013

25 

# submittal was made. That decision vacated EPA's

### 201 Third St. NW, Ste. 1630, Albuquerque NM 87102 info@litsupport.com BEAN & ASSOCIATES, INC. 505-843-9494 Page 5

1 

# regulation on what EPA calls a biogas deferral. The

2 

# biogas deferral would have delayed certain

3 

# greenhouse gas limits related to the use of biofuels

4 

# and other organic matter.

5 

# Our amendment No. 1 deletes local

6 

# language on this subject so that our regulation is

7 

# consistent with federal requirements following that

8 

# court case. This change, which affects only a small

9 

# portion of the regulation, appears on pages 10 and

10 

# 11 of the public review draft.

11 

# Amendments No. 2 and 3 are required

12 

# by specific federal regulation. This regulation

13 

# says that our local PSD rule, in a certain part,

14 

# must contain specific references to public

15 

# participation requirements, which are spelled out in

16 

# a different part of the local PSD rule. The current

17 

# version of our rule does not do this. Amendments 2

18 

# and 3 add the required references. To use a

19 

# colloquial analogy, it's a bit like adding a

20 

# citation to a paper for a college class. The

21 

# professor tells you that part one of the paper has

22 

# to include a citation to part five. So you add that

23 

# citation, and you move on. That's basically what

24 

# these two amendments will accomplish.

25 

# These changes appear on pages 11 and

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1 

# 12 of the public review draft. The markups look

2 

# messy, but their net effect is simply to add the

3 

# references that I refer to.

4 

# What will be the impact of these

5 

# amendments locally? There will be essentially no

6 

# effect on regulated sources. The changes in the

7 

# wording of the PSD regulation will not require a

8 

# change in their behavior.

9 

# In addition, the PSD regulation is

10 

# rarely used in Albuquerque and Bernalillo County

11 

# because it applies to new construction projects at

12 

# very large sources seldom found in this area. Only

13 

# two PSD permits have been issued locally since 1977.

14 

# Finally, the amendments will enable

15 

# other EPA action on other pending matters. First,

16 

# the amendments will clear the way for EPA approval,

17 

# hopefully, of the 2013 amendments adopted by this

18 

# Board to the PSD program. Second, the amendments

19 

# are necessary to attain EPA approval of several

20 

# infrastructure state implementation plans or SIPs.

21 

# One is the sulfur dioxide infrastructure SIP,

22 

# considered in the previous hearing by the Board.

23 

# Two others are for lead and nitrogen dioxide,

24 

# previously adopted by the Board and under review by

25 

# EPA.

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1 

# In conclusion, I will recap briefly.

2 

# The proposed amendments are required by federal law

3 

# and will bring our local PSD regulation into

4 

# alignment with federal requirements. The amendments

5 

# will have no adverse impact locally because they

6 

# will not affect the behavior of sources and because

7 

# the PSD regulation rarely applies here in our area.

8 

# Therefore, the Department respectfully requests that

9 

# the Board adopt the proposed amended version of

10 

# 20.11.61 NMAC and that the Board approve submission

11 

# of the amended version to EPA for review.

12 

# And I'd again like to thank the Board

13 

# for this opportunity to present the Department's

14 

# petition, and I conclude my testimony and stand with

15 

# my colleagues for questions.

16 

# HEARING OFFICER ORTH: Thank you,

17 

# Mr. Merta. Board members, do you have questions?

18 

# Questions from the panel? No. Anyone else have

19 

# questions of the panel? No. Is there any reason

20 

# not to close the record, Mr. Merta?

21 

# MR. MERTA: No, Madam Hearing Officer.

22 

# HEARING OFFICER ORTH: The record is

23 

# closed, and I will return the floor to the chair.

24 

# MS. CUDNEY-BLACK: Is there any point of

25 

# discussion among the Board members regarding this

### 201 Third St. NW, Ste. 1630, Albuquerque NM 87102 info@litsupport.com BEAN & ASSOCIATES, INC. 505-843-9494 Page 8

1 

# matter? Is there a motion to adopt resolution No.

2 

# 2015-2 amending 20.11.61 NMAC, Prevention of

3 

# Significant Deterioration, and incorporate it into

4 

# the New Mexico SIP for Air Quality?

5 

# MR. DEICHMANN: I move for adoption of

6 

# the resolution 2015-2.

7 

# MS. CUDNEY-BLACK: Is there a second?

8 

# MS. UPSON: Second.

9 

# MS. CUDNEY-BLACK: Moved and seconded.

10 

# All in favor, say "Aye."

11 

# (All members responded "Aye.")

12 

# MS. CUDNEY-BLACK: Any opposed?

13 

# (No response.)

14 

# MS. CUDNEY-BLACK: The motion carries.

15 

# Thank you very much.

16 

# (The proceedings concluded at 6:28 p.m.)

17

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19

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22

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1

2 

# REPORTER'S CERTIFICATE

3 

# I, Deborah L. O'Connor, New Mexico CCR #297, do

4 

# hereby certify that the proceedings of the

5 

# above-entitled cause were reported by me

6 

# stenographically on April 30, 2015, and that the

7 

# within transcript is a true and accurate

8 

# transcription of my shorthand notes.

9 

# I FURTHER CERTIFY that I am neither an attorney

10 

# nor counsel for nor related to or employed by any of

11 

# the parties to the action, and that I am not a

12 

# relative or employee of any attorney or counsel

13 

# employed by the parties hereto or financially

14 

# interested in the action.

15

16



# _________________________________ Deborah L. O'Connor, RPR, CRR
17 

# Certified Court Reporter #297 License Expires: 12/31/2015
18

19

20

21

22

23

24

25

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### A above-entitled 9:5 accomplish 5:24 accurate 9:7 Act4:12 action 6:15 9:11,14 actions 4:13 add 5:18,22 6:2 added 3:25 adding 5:19 addition 3:21 6:9 additional 4:19 administrative 2:12 3:2,9 admitted 3:2,5 adopt 2:3 7:9 8:1 adopted 1:4 2:6 3:1 4:15 6:17,24 adoption 8:5 adverse 7:5 affect 7:6 Agency 1:5 2:7 air 1:1,6 2:8,21,23 3:15,22 4:8,12

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case 5:8

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8:14 current 5:16

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E E 1:10

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F favor 8:10 federal 3:12,13,16,20 4:1,4,6,10

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name 2:21 national 3:15 necessary 4:3 6:19 neither 9:9 net 6:2

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### pollutants 3:19 pollution 3:21,25 portion 5:9 present 1:13 7:13 presenter 2:16 Prevention 1:3 2:4 3:11 8:2 previous 6:22 previously 6:24 proceedings 8:16 9:4 Professional 1:21 professor 5:21 program 2:24 3:10,11,12 6:18 projects 6:11 proposed 1:5 2:7 4:22 7:2,9 Protection 1:5 2:7 PSD 3:12 4:3,4,6,10,14 5:13,16

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### 20.11.61 1:3,4 2:4,6 3:8 7:10 8:2 20.11.82 2:11 2008 4:5 201 1:22 2012 4:5 2013 4:15,24 6:17 2015 1:9 9:6 2015-2 1:7 2:3 8:2,6 2568L 1:23 297 1:20 9:3,17

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