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 ofSignificant Deterioration 

Dear Mr. Curry: 

I am writing on behalf of Governor Susana Martinez to request approval of the 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 of the 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 of March 4, 2015, for parallel 

processing of this 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 of 40 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 of this 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 of this request is appreciated. If you have any questions, please 

contact Mary Lou Leonard, Director of the Albuquerque Environmental Health Department 

(EHD), at (505) 768-2631. 

y 

New Mexico Environment Department 

cc: Honorable Susana Martinez, Governor, State of New 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 

AI buq uerq ue 

New Mexico 87103 

www.cabq.gov 

June 9, 2015 

Ryan Flynn 

Cabinet Secretary, NM Environment Department 

Office of the 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: of the 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 of the 

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 of Significant 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 of state law and public hearing requirements of 40 

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')' I 706-200{) 
5) other supporting documentation, including a draft transmittal letter from you 

to EPA Region 6 Regional Administrator Ron Curry requesting the 

proposed SIP revision. 

If you 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 of the 

proposed SIP submittal, along with your transmittal letter. 

Thank you for your assistance in this matter. If you have questions or need 

clarification, please contact me or Margaret Nieto of my statTat (505) 768-2637. 

Sincerely, 

uerque Environmental Health Department 

MLL/elm 

cc: Honorable Susana Martinez, Governor, State of New 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 County Air 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 necessary legal 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 the following 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 revision is 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 in portable 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 agreed to 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. This document 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 transmittal is indicated by the date 

stamp at the top of both of these versions of the filed rule. 

Attachment A further 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. 

 (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 “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. 

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 by state law, see Attachment B. 

 (f) Evidence that public notice was given of the proposed change 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 public hearing(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 affected sources including the EPA attainment/ 

nonattainment designation of the locations and the status of 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 sources exist 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 protected if 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, justification 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 limitations are 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 of Albuquerque 

Air Quality System 

Clean Air Act 

Code of Federal Regulations 

U.S. Court of Appeals, District of Columbia Circuit 

Environmental Health Department, City of Albuquerque 

Environmental Protection Agency 

Federal Register 

Federal Reporter, Third Series (record of decisions and opinions of U.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 of Intent to present technical testimony 

Nitrogen Dioxide 

Particulate Matter 2.5 

Public Review Draft 

Prevention of Significant Deterioration 

Revised Ordinances of the City of Albuquerque 

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 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 com busted 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 be affected 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)(l)(D) or (E) ofthe 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. 

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 of the project. The department shall allow the use of a different time period 

upon a determination that it is more representative of normal source operation. 

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

emissions associated with startups, shutdowns, and malfunctions. 

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

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

during the consecutive 24-month period. 

(c) For a regulated 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 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 of20.11.61.7 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 

unclassifiable under Section 107(d)(1)(A)(ii) or (iii) of the 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 or PM10; or equal to or greater than 0.3 11g/m3 (annual average) for PM2.5• 

20.11.61 NMAC 2 
(2) Area redesignations under Section 107(d)(I)(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 constmction" 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 pipe work 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 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, stmcture, facility or instaUation" 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. PoiJutantemitting activities shall be considered as part of the same industrial grouping if they belong to the same "major 

group" (i.e., which have the same first two-digit code) as described in the standard industrial classification (SIC) 

manual, 1972, as amended by the 1977 supplement (U.S. government printing office stock numbers 4101-0066 and 

003-005-00176-0, respectively) or any superseding SIC manual. 

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 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 

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 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 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 flow rate, 02 or C02 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 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 CPR, 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. 

20.11.61 NMAC 4 
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 

emis~ions reduction than any control system in current practice or achieving at least comparable reductions at lower 

cost m 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) ofthe 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 5l.l66; 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 or40 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-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: 

20.11.61 NMAC 5 
(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 PMu, 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 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 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 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)(l XA)(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. 

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 of the New Mexico state implementation plan. 

PP. "Net emissions increasett 

(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 of20.11.61.7 NMAC, except 

that Subparagraph (c) of Paragraph (1) and Subparagraph (d) of Paragraph (2) of Subsection 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 of construction 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 of construction 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 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; 

(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, 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 of operation 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 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 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.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, 

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.s and PM to 

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 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 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.s 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.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 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 Ill 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 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) of the act, and which have not been delisted pursuant to 

20.11.61 NMAC 8 
Section ll2(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.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 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 unif' means an emission unit for which all of the following criteria are met. No 

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

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

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

(2) The emissions unit is identical to or 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 of20.11.61.27 NMAC, a rate of emissions 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 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 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 of a 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 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 of20.11.61.7 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 C02 equivalent emissions (C02e)'' shall represent an amount ofGHGs emitted, and shall be computed as 

follows: 

20.11.61 NMAC 9 
(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[; fer pYrpeses ef Paragt'ftph (2) ef 

SY!:IseetieR CCC ef 2Q.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, aaimals1 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 ef i8EIYstrial a8EI mY8ieipal wastes, iaeiYEli8g gases a8EIIiEtYiEis reeevereEI ffem the 

Eleeempesitie8 ef 898 fessilii5eEI &REI aieElegraElaele erga8ie 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 C02e. 

(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 C02e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, and 

"significant" is defined as 75,000 tpy C02e 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 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 of a regulated NSR pollutant, and an emissions 

increase of75,000 tpy C02e or more; and, 

(S) 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 C02e; 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 or change in the method of operation that will 

result in an emissions increase of 75,000 tpy C02e 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, 5115/06; A, 8130/10; A, 1/10/11; A, 5/13/13; A, 5/29115] 

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 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 ef aay 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 ef SYeseetieas 

A, 8, C aaEl D ef2Q.ll.fil.l2 :NMi\C, Seetiea 2Q.ll.fil.l3 NMAC, S1:1eseetieBs A thre1:1gh C ef 2Q.ll.fil.14 

:NMAC, P&Fagraph (1) efS1:1eseetiea 8 ef 2Q.ll.fil.1S NMAC, S~:~eseetieas l·. aaEI8 ef 2Q.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 ef 2Q.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 of any new major 

20.11.61 NMAC 10 
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 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 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 of20.11.61.11 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] 

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, 8/30/1 0] 

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 of 20.11.41 

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 lacks jurisdiction; 

(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 of operation at the new location; such notice shall 

be given to the department not less than lO days in advance of the proposed relocation unless a different time 

duration is previously approved by the department; 

(4) sources or modifications that would be major only if quantifiable fugitive emissions are 

considered in calculating the potential to emit, and the source does not belong to: 

(a) any category in Table I of 20.11.61.26 NMAC; or 

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

regulated under Section Ill or 112 of the 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 of Albuquerque 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 EFFECTIVE DATE: January 23, 2006, unless a later date is cited at the end of a section. 

[20.11.61.5 NMAC- Rp, 20.11.61.5 NMAC, 1/23/06; A, 5/13/13] 

20.11.61 NMAC 
20.11.61.6 OBJECTIVE: 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 (NAAQS) or 

determined to be unclassifiable pursuant to Section 107(d) of the 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 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 be affected 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. "AUowable 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. 

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) of the act. 

L "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 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 of the project. The department shall allow the use of a different time period 

upon a determination that it is more representative of normal source operation. 

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

emissions associated with startups, shutdowns, and malfunctions. 

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

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

during the consecutive 24-month period. 

(c) For a regulated 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 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 of20.11.61.7 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 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) of the 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 PM10; 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) 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 of20.11.61.7 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 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 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. Pollutantemitting activities shall be considered as part of the same industrial grouping if they belong to the same "major 

group" (i.e., which have the same first two-digit code) as described in the standard industrial classification (SIC) 

manual, 1972, as amended by the 1977 supplement (U.S. government printing office stock numbers 4101-0066 and 

003-005-00176-0, respectively) or any superseding SIC manual. 

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 of a major stationary source or major modification, 

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

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

source, to be completed within a reasonable time; or 

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

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

source to be completed within a reasonable time. 

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 of20.11.61 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 flow rate, 0 2 or C02 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 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. 

20.11.61 NMAC 5 
CC. "Greenhouse gases" or "GHGs" means the air pollutant defined in§ 86.1818-12(a) of Chapter I 

of Title 40 of the CPR, as the aggregate group of six 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 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. 

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) 

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 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-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: 

(1) in the case ofPM10 and sulfur dioxide, January 6, 1975; 

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

(3) in the case of PM2.s, 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 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) 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. 

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 of the 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 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 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 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; 

(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 emif' 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 

20.11.61 NMAC 8 
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, 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 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 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 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) PM .~ 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, 

such condensable particulate matter shall be accounted for in applicability determinations and in establishing 

emissions limitations for PM .~ and PM10 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 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 to a 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 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 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 .~ 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 of volatile 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 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 of20.11.61.7 NMAC; 

(5) notwithstanding Paragraphs (I) 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.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 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 be generated from shutting down the existing emissions unit that is replaced. 

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

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

(2) The emissions unit is identical to or 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 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 (l) of Subsection 'ZZ of20.11.61.7 NMAC, does not list, any emissions rate; and 

(3) notwithstanding Paragraph (1) of Subsection 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 of a 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 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: 

20.11.61 NMAC 10 
(1) Greenhouse gases (GHGs) shall not be subject to regulation except as provided in 

Paragraphs (4) and (5) of Subsection CCC of20.ll.6l.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 of20.11.61.7 NMAC, the 

term "tpy C02 equivalent emissions (C02e )" 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 subpan A 

of Part 98 of Chapter I of Title 40 of the CPR- Global Warming Potentials; 

(b) sum the resultant value from Subparagraph (a) of Paragraph (2) of Subsection 

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) 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. 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:Z 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 C01e 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 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 of a regulated NSR pollutant, and an emissions 

increase of 75,000 tpy C02e 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 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 or change in the method of operation that will 

result in an emissions increase of75,000 tpy C02e 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 

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 of a 

city or county ordinance or board regulation. Prosecution for a violation under prior regulation 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: If any section, paragraph, sentence, clause, or word of 20.11.61 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 of remaining provisions of 20.11.61 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 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 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 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 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 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 20.11.6l.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 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) Aetual·to·projeded-actual applicability test for projeds 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 eonstruetion 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 projeets 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 of20.11.61.1 1 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, 1/10111; 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 of 20.11.61 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 of the Air Quality Control Act, Sections 74-2-1 to 74-2-17, NMSA 1978; any applicable regulations of 

the board; and any other requirements under local, state, or federal law. 

C. Approval to construct shall become invalid if construction is not commenced within 18 months 

after receipt of such approval, if construction is discontinued for a period of 18 months or more, or if construction is 

not completed within a reasonable time; the administrator may extend the IS-month period upon a satisfactory 

showing that an extension is justified; this provision does not apply to the time period between construction of the 

approved phases of a phased construction project; each phase must commence construction within 18 months of the 

projected and approved commencement date. 

20.11.61 NMAC 12 
D. At such time that a particular source or modification becomes a major stationary source or major 

modification solely by virtue of a relaxation in any enforceable limitation which was established after August 7, 

1980, on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on hours of 

operation, then 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) of Subsection E of 20.11.61.12 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 of Paragraph (6) of Subsection E of 20.11.61.12 NMAC that a 

project that is not a part of a major modification may result in a significant emissions increase of such pollutant and 

the owner or operator elects to use the method specified in Paragraphs ( l) through (3) of Subsection VV of 

20.11.61.7 NMAC for calculating projected actual emissions. 

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

and maintain a record of the following information: 

(a) a description of the project; 

(b) identification ofthe emissions unit(s) whose emissions of a regulated NSR 

pollutant could be affected by the project; and 

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

major modification for any regulated NSR pollutant, including the baseline actual emissions, the projected actual 

emissions, the amount of emissions excluded under Paragraph (3) of Subsection VV of 20.11.61.7 NMAC and an 

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

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

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

Subsection E of20.ll.61.12 NMAC to the department. Nothing in Paragraph (2) of Subsection E of20.ll.6l.l2 

NMAC shall be construed to require the owner or operator of such 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 of any regulated NSR pollutant that 

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

Paragraph ( l) of Subsection E of 20.11.61.12 NMAC; and calculate and maintain a record of the annual emissions, 

in tons per year on a calendar year basis, for a period of five years following resumption of regular operations after 

the change, or for a period of lO years following resumption of regular operations after the change if the project 

increases the design capacity or potential to emit of that regulated NSR pollutant at such emissions unit. For 

purposes of Paragraph (3) of Subsection E of 20.11.61.12 NMAC, fugitive emissions (to the extent quantifiable) 

shall be monitored if the emissions unit is part of one of the source categories listed in Table 1 of 20.11.61.26 

NMAC or if the emissions unit is located at a major stationary source that belongs to one of the listed source 

categories. 

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

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

under Subparagraph (c) of Paragraph (1) of Subsection E of20.11.61.l2 NMAC setting out the unit's annual 

emissions during the calendar year that preceded submission of the report. 

(5) If the unit is an existing unit other than an electric utility steam generating unit, the owner 

or operator shall submit a report to the department if the annual emissions, in tons per year, from the project 

identified in Paragraph (l) of Subsection E of20.11.61.12 NMAC, exceed the baseline actual emissions (as 

documented and maintained pursuant to Subparagraph (c) of Paragraph ( 1) of Subsection E of 20.11.61.12 NMAC) 

by a significant amount for that regulated NSR pollutant, and if such emissions differ from the preconstruction 

projection as documented and maintained pursuant to Subparagraph (c) of Paragraph (1) of Subsection E of 

20.11.61.12 NMAC. Such report shall be submitted to the department within 60 days after the end of such year. The 

report shaU contain the following: 

(a) the name, address and telephone number of the major stationary source; 

(b) the annual emissions as calculated pursuant to Paragraph (3) of Subsection 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 of 20.11.61.12 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 of at least 50 percent of the amount that is 

a "significant emissions increase," as defined under Subsection AAA of 20.11.61. 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 of emissions 

excluded under Paragraph (3) of Subsection VV of20.11.61.7 NMAC, sums to at least 50 percent of the amount that 

is a "significant emissions increase," as defined under Subsection AAA of 20.11.61.7 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 of Subparagraph (b) of Paragraph (6) of Subsection E of 

20.11.61.12 NMAC, and not also within the meaning of Subparagraph (a) of Paragraph (6) of Subsection E of 

20.11.61.12 NMAC, then provisions of Paragraphs (2) through (5) of Subsection E of 20.11.61.12 NMAC do not 

apply to the project. 

F. The owner or operator of the source shall make the information required to be documented and 

maintained pursuant to Subsection E of 20.11.61.12 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 of a 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 of the nature, location, design capacity, and typical operating schedule of 

the source or modification, including specifications and drawings showing the design and plant layout; and 

(2) a detailed schedule of construction of the source or modification; and 

(3) a detailed description of the planned system of continuous emission reduction for the 

source or modification, emission estimates, and other information necessary to determine that best available control 

technology will be applied. 

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

(1) the air quality impact of the source or modification, including meteorological and 

topographic data necessary to estimate such impact; and 

(2) the air quality impacts, and the nature and extent of any or all general commercial, 

residential, industrial, and other growth which has occurred since August 7, 1977 in the area the source or 

modification would affect. 

[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 of 20.11.61.27 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 of a physical 

change or change in the method of operation in the unit. 

C. For phased construction projects, the determination of best available control technology shall be 

reviewed and modified as appropriate at the latest reasonable time but no later than 18 months prior to 

commencement of construction of each independent phase of the project. At such time, the owner or operator of the 

applicable stationary source may be required to demonstrate the adequacy of any previous determination of best 

available control technology for the source. 

D. Innovative control technology. The department may approve a system of innovative control 

technology for the major stationary source or major modification if: 

(1) the proposed control system would not cause or contribute to an unreasonable risk to 

public health, welfare, or safety in its operation or function; and 

(2) the owner or operator agrees to achieve a level of continuous em1ssions reduction 

equivalent to that which would have been required under Subsection A of 20.11.61.14 NMAC by a date specified by 

the department. Such date shall not be later than four years from the time of startup 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 of achieving the permitted emission level, the source or 

modification would not: 

(a) cause or contribute to a violation of an 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 of innovative 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 of control or to protect the public health, welfare, or safety. 

F. If a source or modification fails to meet the required level of continuous emission reduction within 

the specified time period or the approval is withdrawn in accordance with Subsection E of 20.11.61.14 NMAC, the 

department may allow the source or modification up to an additional three years to meet the requirement for the 

application of best available control technology through use of a demonstrated system of control. 

G. If the owner or operator of a major stationary source or major modification previously issued a 

pennit under 20.11.61 NMAC applies for an extension, and the new proposed date of construction is greater than 18 

months from the date the permit would become invalid, the detennination of best available control technology shall 

be reviewed and modified as appropriate before such an extension is granted. At such time, the owner or operator of 

the applicable stationary source may be required to demonstrate the adequacy of any previous determination of best 

available control technology for the source. 

[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 of 20.11.61.27 NMAC. 

For particulate matter, the source will only be required to perform ambient impact analysis for PM10 when the source 

has the potential to emit significant amounts ofPM10 as detennined from Table 2 of 20.11.61.27 NMAC. 

B. Source impact analysis. 

(1) Required demonstration. The owner or operator of the 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 or reductions, (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 of the proposed major stationary source or major modification shall 

demonstrate that neither a violation of Subparagraph (a) or (b) of Paragraph (I) of Subsection 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 IMPACT ANALYSES: 

A. The owner or operator of the proposed major stationary source or major modification shall provide 

an analysis of the impairment to visibility, soils, and vegetation that would occur as a result of the source or 

modification and general commercial, residential, industrial, and other growth associated with the source or 

modification. The owner or operator need not provide an analysis of the impact on vegetation having no significant 

commercial or recreational value. The analysis can use data or information available from the department. 

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

as a result of general commercial, residential, industrial, and other growth associated with the source or 

modification. 

C. The department may require monitoring of visibility in any federal class I area where the 

department determines that an adverse impact on visibility may occur due primarily to the operations of the 

proposed new source or modification. Such monitoring shall be conducted following procedures approved by the 

department and subject to the following: 

(1) visibility monitoring methods specified by the department shall be reasonably available 

and not require any research and development; and 

(2) the cost of visibility monitoring required by the department shall not exceed 50 percent of 

the cost of ambient monitoring required by 20.11.61 NMAC; if ambient monitoring is not required, the cost shall be 

estimated as if it 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 of such 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 of ambient 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 on Air Quality Models, is 

inappropriate, the model may be modified or another model substituted. Any substitution or modification of a 

model must be approved by the department. Notification shall be given by the department of such a substitution or 

modification and the opportunity for public comment provided for in fulfilling the public notice requirements in 

Subsection B 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, 8/30/1 0] 

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 of ambient air quality in the area that the major stationary source or 

major modification would affect for each of the 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) If no 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 of that 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 of determining whether 

emissions of that pollutant would cause or contribute to a violation of the standard or any maximum allowable 

increase. 

(4) The continuous air quality monitoring data that is required shall have been gathered over 

a period of one year and shall represent the one year period preceding receipt of the 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 of air quality 

in the affected area and accept such data in lieu of additional monitoring by the applicant. 

(5) Ozone monitoring shall be performed if monitoring data is required for volatile organic 

compounds or oxides of nitrogen. The owner or operator of a proposed major stationary source or major 

modification of volatile organic compounds who satisfies all conditions of 40 CFR Part 51 Appendix S, Section IV 

may provide post-approval monitoring data for ozone in lieu of providing preconstruction data as required under 

Subsection A of20.11.61.18 NMAC. 

20.11.61 NMAC 16 
B. Post-construction monitoring. The owner or operator of a major stationary source or major 

modification shall, after construction of the 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 air quality in any area, including monitoring to validate attainment of ambient air 

quality standards and to assure that increments are not exceeded. 

C. Operation of monitoring stations. The owner or operator of a major stationary source or major 

modification shall meet the requirements of 40 CFR 58, Appendix B during the operation of monitoring stations for 

purposes of satisfying the requirements of Subsections A through C of 20.11.61.18 NMAC. 

D. Exceptions. The department has the discretion to exempt a proposed major stationary source or 

major modification from the requirements of Subsections A through C of 20.11.61.18 NMAC with respect to 

monitoring for a particular pollutant if: 

(1) the emissions increase of the pollutant from a new stationary source or the net emissions 

increase of the pollutant from a modification would cause, in any area, air quality impacts less than the levels listed 

in Table 3 of 20.11.61.28 NMAC; 

(2) the existing ambient concentrations of the pollutant in the area affected by the source or 

modification are less than the concentrations listed in Table 3 of 20.11.61.28 NMAC; or 

(3) the pollutant is not listed in Table 3 of 20.11.61.28 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 of 20.11.61.15 

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, if the allowable emissions of that 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 of an actuals PAL, including for GHGs on either a 

mass basis or a C02e basis, for any existing major stationary source or any existing GHG-only source if the 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 of operation of a major stationary source 

or a GHG-only source that maintains its total source-wide emissions below the PAL level, meets the requirements of 

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 

of the 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) of Paragraph (2) of Subsection 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/or a major statiollllTY source means a PAL based on the baseline actual 

emissions (as defined in Subsection I of20.11.61.7 NMAC) of all emissions units (as defined in Subsection Y of 

20.11.61.7 NMAC) at the source, that emit or have the potential to emit the PAL pollutant. For a GHG-only 

source, actuals PAL means a PAL based on the baseline actual emissions (as defined in Paragraph (13) of 

Subsection B of 20.11.61.20 NMAC) of all emissions units (as defined in Paragraph ( 14) of Subsection 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 "or enforceable 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 ZZ of 

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 of GHGs on a C01 e basis 

defined as "significant" for the purposes of Paragraph (3) of Subsection CCC of 20.11.61.7 NMAC at the time the 

PAL permit is being issued. 

(4) Major emissions unit means: 

(a) Any emissions unit that emits or has the potential to emit 100 tons per year or 

more of the PAL pollutant in an attainment area; or 

(b) any emissions unit that emits or has the potential to emit the PAL pollutant in an 

amount that is equal to or greater than the major source threshold for the PAL pollutant as defined by the act for 

nonattainment areas. For example, in accordance with the definition of major stationary source in Section 182(c) of 

the act, an emissions unit would be a major emissions unit for VOC if the emissions unit is located in a serious 

ozone nonattainment area and it emits or has the potential to emit 50 or more tons of VOC per year. 

(c) For a GHG PAL issued on a C02 e basis, any emissions unit that emits or has 

the potential to emit equal to or greater than the amount of GHGs on a C02 e basis that would be sufficient for a new 

source to trigger permitting requirements under Subsection CCC of 20.11.61. 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 C02 e-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 of issuance of the PAL permit. However, 

the PAL effective date for an increased PAL is the date any emissions unit that is part of the PAL major 

modification becomes operational and begins to emit the PAL pollutant. 

(7) PAL effective period means the period beginning with the PAL effective date and 

ending 10 years later. 

(8) PAL major modification means, notwithstanding the definitions for major modification, 

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 of operation of the PAL source that causes it to emit the PAL 

pollutant at a level equal to or greater than the PAL. 

(9) PAL permit means the major NSR permit, the minor NSR permit, or the state operating 

permit under a program that is approved into the SIP, or the 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 or has the potential to emit 

a PAL pollutant in an amount that is equal to or greater than the significant level (as defined in Subsection 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 major emissions unit as defined in Paragraph (4) of Subsection 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) of Subsection B of 20.11.61.20 NMAC, but less than the amount 

that would qualify the unit as a major emissions unit as defined in Subparagraph (c) of Paragraph (4) of Subsection 

B of 20.11.61.20 NMAC. 

(12) GHG-only source means any existing stationary source that emits or has the potential to 

emit GHGs in the amount equal to or greater than the amount of GHGs on a mass basis that would be sufficient for a 

new source to trigger permitting requirements for GHGs under Subsection KK of 20.11.61.7 NMAC and the amount 

of GHGs on a C02 e basis that would be sufficient for a new source to trigger permitting requirements for GHGs 

under Subsection CCC of 20.11.61.7 NMAC at the time the PAL permit 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 for a 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 of the 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 emissions for 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 of the project, except that the 

administrator shall allow the use of a different time period upon a determination that it is more representative of 

normal source operation. 

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

emissions associated with startups, shutdowns, and malfunctions. 

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

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

during the consecutive 24-month period. 

(c:) 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) of Paragraph (13) of Subsection B of20.11.61.20 NMAC. 

(14) Emissions unit with respect to GHGs means any part of a stationary source that emits or 

has the potential to emit GHGs. For purposes of 40 CFR 52.21, there are two types of emissions 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) of Paragraph (14) of Subsection B of 20.11.61.20 NMAC. 

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

stationary source in Subsection KK of 20.11.61.7 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 of a major stationary source or a GHG-only source shall submit the following information to the 

department for approval. 

(1) A list of all emissions units at the source designated as small, significant or major based 

on their potential to emit. In addition, the owner or operator of the source shall indicate which, if any, federal or 

state applicable requirements, emission limitations, or work practices apply to each unit. 

(2) Calculations of the baseline actual emissions (with supporting documentation). Baseline 

actual emissions are to include emissions associated not only with operation of the unit, but also emissions 

associated with startup, shutdown, and malfunction. 

(3) The calculation procedures that the major stationary source owner or operator proposes to 

use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling 

total for each month as required by Subsection M of 20.11.61.20 NMAC. 

( 4) As part of a permit application requesting a GHG PAL, the owner or operator of a major 

stationary source or a GHG-only source shall submit a statement by the source owner or operator that clarifies 

whether the source is an existing major source as defined in Subparagraphs (a) and (b) of Paragraph (1) of 

Subsection KK of20.11.61.7 NMAC or a GHG-only source as defined in Paragraph (12) of Subsection 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 19 
establishing 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 of the preceding 

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

(b) The PAL shall be established in a PAL permit that meets the public participation 

requirements in Subsection E of 20.11.61.20 NMAC. 

(c) The PAL permit shall contain all the requirements of Subsection 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 of only one pollutant. 

(f) Each PAL shall have a PAL effective period of 10 years. 

(g) The owner or operator of the major stationary source 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 of a PAL 

pollutant that occur during the PAL effective period creditable as decreases for purposes of offsets under 40 CFR 

51.165(a)(3)(ii) unless the level of the PAL is reduced by the amount of such emissions reductions and such 

reductions would be creditable in the absence of the PAL. 

E. Public participation requirements for PALs. PALs for existing major stationary sources 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 of the proposed 

approval of a PAL permit and at least a 30-day period for submittal of public comment. The department must 

address all material comments before taking final action on the permit. 

F. Setting the 10-year actuals PAL level. 

(1) Except as provided in Paragraph (2) of Subsection F of 20.11.61.20 NMAC, the actuals 

PAL level for a major stationary source or a GHG-only source shall be established as the sum of the baseline actual 

emissions (as defined in Subsection I of20.11.61.7 NMAC or, for GHGs Paragraph (13) of Subsection B of 

20.11.61.20 NMAC) of the PAL pollutant for each emissions unit at the source; plus an amount equal to the 

applicable significant level for the PAL pollutant under Subsection Z:Z of20.11.61.7 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) of any applicable federal or state regulatory requirement(s) that the department is aware of prior to issuance 

of the PAL permit. For instance, if the source owner or operator will be required to reduce emissions from industrial 

boilers in half from baseline emissions of 60 ppm NOx to a new rule limit of 30 ppm, then the permit shall contain a 

future effective PAL level that is equal to the current PAL level reduced by half of the original baseline emissions of 

such unit(s). 

(2) For newly constructed units (which do not include modifications to existing units) on 

which actual construction began after the 24-month period, in lieu of adding the baseline actual emissions as 

specified in Paragraph ( 1) of Subsection F of 20.11.61.20 NMAC, the emissions must be added to the PAL level in 

an amount equal to the potential to emit of the units. 

(3) For C02 e based GHG PAL, the actuals PAL level shall be established as the sum of the 

GHGs baseline actual emissions (as defined in Paragraph (13) of Subsection B of20.11.61.20 NMAC) of GHGs 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 of Paragraph (3) of Subsection CCC of 20.11.61. 7 NMAC at the time the PAL permit is being issued. 

When establishing the actuals PAL level for a C02 e-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 C02 e) in the PAL permit to become effective on the future compliance 

date(s) of any applicable federal or state regulatory requirement(s) that the department is aware of prior to issuance 

of the PAL permit. 

20.11.61 NMAC 20 
G. Contents of the PAL permit. The PAL permit shall contain, at a minimum, the following 

information. 

(1) The PAL pollutant and the applicable source-wide emission limitation in tons per year or 

tpyC02e. 

(2) The PAL permit effective date and the expiration date of the PAL (PAL effective period). 

(3) Specification in the PAL permit that if a major stationary source 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 of the PAL effective period. It shall remain in 

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

(4) A requirement that emission calculations for compliance purposes include emissions 

from startups, shutdowns and malfunctions. 

(5) A requirement that, once the PAL expires, the major stationary source or GHG-only 

source is subject to the requirements of Subsection 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) of Subsection 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 of 20.11.61.20 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 of 20.11.61.20 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 of the PAL permit. 

(l) PAL effective period. The PAL effective period shall be lO years. 

(2) Reopening of the PAL permit. 

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

(i) correct typographical/calculation errors made in setting the PAL or 

reflect a more accurate determination of emissions used to establish the PAL; 

(ii) reduce the PAL if the owner or operator of the major stationary source 

creates creditable emissions reductions for use as offsets under 40 CFR 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 if the department determines that a reduction is 

necessary to avoid causing or contributing to a NAAQS or PSD increment violation, or to an adverse impact on an 

air quality related 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) of Subparagraph (a) of Paragraph (2) 

of Subsection H of 20.11.61.20 NMAC for the correction of typographical/calculation errors that do not increase the 

PAL level. all reopenings shall be carried out in accordance with the public participation requirements of Subsection 

E of20.1l.61.20 NMAC. 

I. Expiration of a 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 of the PAL effective period, and the requirements in 

Subsection I of 20.11.61.20 NMAC shall apply. 

20.11.61 NMAC 21 
(1) Each emissions unit, or each group of emissions units, that existed under the PAL shall 

comply with an allowable emission limitation under a revised permit established according to the procedures in 

Paragraph (I) of Subsection I of 20.11.61.20 NMAC. 

(a) Within the time frame specified for PAL renewals in Paragraph (2) of 

Subsection J of 20.11.61.20 NMAC, the major stationary source or GHG-only source shall submit a proposed 

allowable emission limitation for each emissions unit, (or each group of emissions units, if such a distribution is 

more appropriate as decided by the department), by distributing the PAL allowable emissions for the major 

stationary source or GHG-only source among each of the emissions units that existed under the PAL. If the PAL 

had not yet been adjusted for an applicable requirement that became effective during the PAL effective period, as 

required under Paragraph (5) of Subsection J of 20.11.61.20 NMAC, such distribution shall be made as if the PAL 

had been adjusted. 

(b) The department shall decide whether and how the PAL allowable emissions will 

be distributed and issue a revised permit incorporating allowable limits for each emissions unit, or each group of 

emissions units, as the department determines is appropriate. 

(2) Each emissions unit(s) shall comply with the allowable emission limitation on a 12-

month rolling basis. The department may approve the use of monitoring systems (source testing, emission factors, 

etc.) other than CEMS, CERMS, PEMS or CPMS to demonstrate compliance with the allowable emission 

limitation. 

(3) Until the department issues the revised permit incorporating allowable limits for each 

emissions unit, or each group of emissions units, as required under Subparagraph (b) of Paragraph (1) of Subsection 

I 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 of operation at the major stationary source 

or GHG-only source will be subject to major NSR requirements if such change meets the definition of major 

modification in Subsection II of 20.11.61. 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 or prior to the PAL effective period except for those emission limitations that had been established pursuant 

to Subsection 0 of 20.11.61.12 NMAC, but were eliminated by the PAL in accordance with the provisions in 

Subparagraph (c) of Paragraph (2) of Subsection A of 20.11.61.20 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 of a PAL. A timely application is one that is 

submitted at least six months prior to, but not earlier than 18 months from, the date of permit expiration. This 

deadline for application submittal is to ensure that the permit will not expire before the permit is renewed. If the 

owner or operator of a major stationary source 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 of the potential to emit of all 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) of Paragraph (4) Subsection J of20.11.61.20 

NMAC. However, in no case may any such adjustment fail to comply with Subparagraph (c) of Paragraph 4 of 

Subsection J of20.11.61.20 NMAC. 

20.11.61 NMAC 22 
(a) If the emissions level calculated in accordance with Subsection F of 20.11.61.20 

NMAC is equal to or greater than 80 percent of the PAL level, the department may renew the PAL at the same level 

without considering the factors set fonh in Subparagraph (b) of Paragraph ( 4) of Subsection J of 20.11.61.20 

NMAC;or 

(b) the department may set the PAL at a level that it determines to be more 

representative of the source's baseline actual emissions, or that it determines to be appropriate considering air 

quality needs, advances in control technology, anticipated economic growth in the area. desire to reward or 

encourage the source's voluntary emissions reductions, or other factors as specifically identified by the department 

in its written rationale. 

(e) Notwithstanding Subparagraphs (a) and (b) of Paragraph (4) of Subsection J of 

20.11.61.20 NMAC: 

(i) if the potential to emit of the major stationary source or GHG-only 

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

source; and 

(ii) the department shall not approve a renewed PAL level higher than the 

current PAL, unless the major stationary source or GHG-only source has complied with the provisions of Subsection 

K of20.11.61.20 NMAC, Increasing a PAL during the PAL effective period. 

(5) If the compliance date for a state or federal requirement that applies to the PAL source 

occurs during the PAL effective period, and if the department has not already adjusted for such requirement, the 

PAL shall be adjusted at the time of PAL permit renewal or Title V permit renewal, whichever occurs first. 

K. Increasing a PAL during the PAL effective period. 

(1) The department may increase a PAL emission limitation only if the major stationary 

source or GHG-only source complies with the following provisions. 

(a) The owner or operator of the 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 of this application, the major stationary source or GHG-only source 

owner or operator shall demonstrate that the sum of the baseline actual emissions of the small emissions units, plus 

the sum of the baseline actual emissions of the significant and major emissions units assuming application of BACT 

equivalent controls, plus the sum of the allowable emissions of the new or modified emissions unit(s), exceeds the 

PAL. The level of control that would result from BACT equivalent controls on each significant or major emissions 

unit shall be determined by conducting a new BACT analysis at the time the application is submitted, unless the 

emissions unit is currently required to comply with a BACT or LAER requirement that was established within the 

preceding I 0 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) of Paragraph (1) of Subsection B of 20.11.61.20 NMAC, regardless of the magnitude 

of the emissions increase resulting from them, that is, no significant levels apply. These emissions unit(s) shall 

comply with any emissions requirements resulting from the major 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 PAL permit shall require that the increased PAL level shall be effective on 

the day any emissions unit that is part of the PAL major modification becomes operational and begins to emit the 

PAL pollutant. 

(2) The department shall calculate the new PAL as the sum of the allowable emissions for 

each modified or new emissions unit, plus the sum of the baseline actual emissions of the significant and major 

emissions units (assuming application of BACT equivalent controls as determined in accordance with Subparagraph 

(b) of Paragraph (1) of Subsection K of 20.11.61.20 NMAC), plus the sum of the baseline actual emissions of the 

small emissions units. 

(3) The PAL permit shall be revised to reflect the increased PAL level pursuant to the public 

notice requirements of Subsection E 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 of the PAL pollutant in terms of mass per unit of time or COz 

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

20.11.61 NMAC 23 
meet generally acceptable scientific procedures for data quality and manipulation. Additionally, the information 

generated by such system must meet minimum legal requirements for admissibility in a judicial proceeding to 

enforce the PAL permit. 

(b) The PAL monitoring system must employ one or more of the four general 

monitoring approaches meeting the minimum requirements set forth in Paragraph (2) of Subsection L of 20.11.61.20 

NMAC and must be approved by the department. 

(c) Notwithstanding Subparagraph (b) of Paragraph (1) of Subsection L of 

20.11.61.20 NMAC, you may also employ an alternative monitoring approach that meets Subparagraph (a) of 

Paragraph ( 1) of Subsection L of 20.11.61.20 NMAC if approved by the department. 

(d) Failure to use a monitoring system that meets the requirements of 20.11.61.20 

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) of Subsection 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 of validating the published content of the PAL 

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

(b) assume that the emissions unit emits all of the PAL pollutant that is contained in 

or created by any raw material or fuel used in or at the emissions unit, if it cannot otherwise be accounted for in the 

process; and 

(c) where the vendor of a material or fuel, which is used in or at the emissions unit, 

publishes a range of pollutant content from such material, the owner or operator must use the highest value of the 

range to calculate the PAL pollutant emissions unless the department determines there is site-specific data or a 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 or PEMS. An owner or operator using CPMS or PEMS to monitor PAL 

pollutant emissions shall meet the following requirements: 

{a) the CPMS or the PEMS must be based on current site-specific data 

demonstrating a correlation between the monitored pararneter(s) and the PAL pollutant emissions across the range of 

operation of the emissions unit; and 

(b) each CPMS or PEMS must sample, analyze, and record data at least every 15 

minutes, or at another less frequent interval approved by the department, while the emissions unit is operating. 

(6) Emission factors. An owner or operator using emission factors to monitor PAL 

pollutant emissions shall meet the following requirements: 

(a) all emission factors shall be adjusted, if appropriate, to account for the degree of 

uncertainty or limitations in the factors' development; 

(b) the emissions unit shall operate within the designated range of use for the 

emission factor, if applicable; and 

(c) if technically practicable, the owner or operator of a significant emissions unit 

that relies on an emission factor to calculate PAL pollutant emissions shall conduct validation testing to determine a 

site-specific emission factor within six months of PAL permit issuance, unless the department determines that 

testing is not required. 

(7) A source owner or operator must record and report maximum potential emissions without 

considering enforceable emission limitations or operational restrictions for an emissions unit during any period of 

time that there is no monitoring data, unless another method for determining emissions during such periods is 

specified in the PAL permit. 

20.11.61 NMAC 24 
(8) Notwithstanding the requirements in Paragraphs (3) through (7) of Subsection L of 

20.11.61.20 NMAC, where an owner or operator of an emissions unit cannot demonstrate a correlation between the 

monitored parameter(s) and the PAL pollutant emissions rate at all operating points of the emissions unit, the 

department shall, at the time of permit issuance: 

(a) establish default value(s) for determining compliance with the PAL based on the 

highest potential emissions reasonably estimated at such operating point(s); or 

(b) detennine that operation of the emissions unit during operating conditions when 

there is no correlation between monitored parameter(s) and the PAL pollutant emissions is a violation 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 of the PAL. 

M. Recordkeeping requirements. 

(1) The PAL permit shall require an owner or operator to retain a copy of all records 

necessary to determine compliance with any requirement of 20.11.61.20 NMAC and of the PAL, including a 

determination of each emissions unit's 12-month rolling total emissions, for five years from the date of such record. 

(2) The PAL permit shall require an owner or operator to retain a copy of the following 

records, for the duration of the PAL effective period plus five years: 

(a) a copy of the PAL permit application and any applications for revisions to the 

PAL; and 

(b) each annual certification of compliance pursuant to 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 of the end of each reporting period. This report shall contain the following information. 

(a) The identification of owner and operator and the permit number. 

(b) Total annual emissions (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) of Subsection M of 20.11.61.20 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 of any 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 of any deviations or monitoring malfunctions 

(other than the time associated with zero and span calibration checks), and any corrective action taken. 

(C) A notification of a shutdown of any 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 or replaced with another monitoring system, and whether the emissions unit monitored by the 

monitoring system continued to operate, and the calculation of the emissions of the pollutant or the number 

detennined by method included in the permit, as provided by Paragraph (7) of Subsection L of 20.11.61.20 NMAC. 

(g) A signed statement by the responsible official as defined by 20.11.42.7 NMAC 

certifying the truth, accuracy, and completeness of the information provided in the report. 

(2) Deviation report. The major stationary source or GHG-only source owner or operator 

shall promptly submit reports of any deviations or exceedance of the PAL requirements, including periods where no 

monitoring is available. A report submitted pursuant to 40 CFR 70.6(a)(3)(iii)(B) shall satisfy this reporting 

requirement. The deviation reports shall be submitted within the time limits prescribed by the applicable program 

implementing 40 CFR 70.6(a)(3)(iii)(B). The reports shall contain the following information: 

(a) the identification of owner and operator and the permit number; 

(b) the PAL requirement that experienced the deviation or that was exceeded; 

(c) emissions resulting from the deviation or the exceedance; and 

(d) a signed statement by the responsible official as defined by 20.11.42.7 NMAC 

certifying the truth, accuracy, and completeness of the information provided in the report. 

(3) Revalidation results. The owner or operator shall submit to the department the results 

of any revalidation test or method within three months after completion of such test or method. 

0. Transition requirements. 

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 of 20.11.61.20 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 of Subsections A through 0 of20.11.61.20 NMAC. 

[20.11.61.20 NMAC- N, 1123/06; A, 8/30/1 0; A, 1110/11; A, 5/13/13] 

20.11.61.21 PUBLIC PARTICIPATION AND NOTIFICATION: 

A. The department shall, within 30 days after receipt of an application, review such application and 

determine whether it is administratively complete or there is any deficiency in the application or information 

submitted. To be deemed administratively complete, the application must meet the requirements of 20.11.61.13 

NMAC in addition to the requirements of 20.11.41 NMAC. If the application is deemed: 

(1) administratively complete, a letter to that effect shall be sent by certified mail to the 

applicant; 

(2) administratively incomplete, a letter shall be sent by certified mail to the applicant stating 

what additional information or points of clarification are necessary to deem the application administratively 

complete; upon receipt of the additional information or clarification, the department shall promptly review such 

information and determine whether the application is administratively complete; 

(3) administratively complete but no permit is required, a letter shall be sent by certified mail 

to the applicant informing the applicant of the determination. 

B. For purposes of determining minor source baseline date 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 of 40 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 of receipt of the application shall be the date on which the department 

received all required information. 

C. Within one year after receipt of a complete applicadon. the department 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 of all materials the applicant submitted, a copy of the preliminary determination, and a copy or summary of 

other materials, if any, considered in making the preliminary determination. 

(3) Notify the public by advertisement in a newspaper of general circulation in the area in 

which the proposed source would be constructed: 

(a) of the application; 

(b) the preliminary determination; 

(c) the degree of increment consumption that is expected from the source or 

modification; and 

(d) of the opportunity for comment at a public hearing as well as written public 

comment; the public comment period shall be for 30 days from the date of such advertisement. 

(4) Send a copy of the notice of public comment to: 

(a) the applicant; 

(b) the administrator; and 

(c) officials and agencies having jurisdiction over the location where the proposed 

construction would occur as follows: any other state or local air pollution control agencies; the chief executives 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 of the 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 of public 

comment and all comments received at any public hearing(s) in making a final decision on the approvability of the 

application. The department shall make all comments available for public inspection in the same locations where 

the department made available preconstruction information relating to the 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 of whether construction should be approved, 

approved with conditions, or disapproved; and 

(b) notify the applicant in writing of the final determination and make such 

notification available for public inspection at the same location where the department made available 

preconstruction information and public comments relating to the source. 

[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 of 20.11.43 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 of petroleum products, natural gas, or both by reason of an order in effect under Section 

2 (a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation), 

over the emissions from such sources before the effective date of such 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 of such plan; 

(3) concentrations of particulate matter attributable to the increase in emissions from 

construction or other temporary emission-related activities of new 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 of sulfur 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 of 20.11.61.23 NMAC. 

B. If the plan provides that the concentrations to which Paragraph (I) or (2) of Subsection A of 

20.11.61.23 NMAC refers, shall be excluded, it shall also provide that no exclusion of such concentrations shall 

apply more than five years after the effective date of the order to which Paragraph (1) of Subsection A of 

20.11.61.23 NMAC refers, or the plan to which Paragraph (2) of Subsection A of 20.11.61.23 NMAC refers, 

whichever is applicable. If both 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 of excluding concentrations pursuant to Paragraph (5) of Subsection 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 of sulfur 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) of Subsection D of 20.11.61.23 NMAC, is not renewable; 

(3) allows no emissions increase from a stationary source which would: 

(a) impact a class I area or an area where an applicable increment is known to be · 

violated; or 

(b) cause or contribute to the violation of a NAAQS; 

(4) requires limitations to be in effect the end of the time period specified in accordance with 

Paragraph (1) of Subsection D of 20.11.61.23 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 of each permit application relating to a major stationary source or major modification proposing to locate 

within 100 kilometers of any federal class I area. The complete permit application shall be transmitted within 30 

days of receipt 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 of the 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 of the permit application and shall consider any analysis performed by the 

federal land manager concerning the impact of the proposed major stationary source or major modification on 

AQRV. This consideration shall include visibility, if such analysis is received within 30 days after the federal land 

manager receives a copy of the complete application. Additionally, the department shall notify any affected federal 

land manager within 30 days 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 

of every action related to the consideration of such permit. The department shall also provide the federal land 

manager and the administrator with a copy of the preliminary determination required under 20.11.61.21 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 or give notice to the federal land manager as to where the explanation can be obtained. In the case 

where the department disagrees with the federal land manager's analysis, the department will also explain its 

decision or give notice to the public by advertisement in a newspaper of general circulation in the area in which the 

proposed source would be constructed, as to where the decision can be obtained. 

B. The department shall transmit to air quality control agencies of neighboring states and Indian 

governing bodies a copy of each permit application having the potential to affect federal class I areas or increment 

consumption in areas under their jurisdiction. The department shall also provide the affected air quality control 

agencies and Indian governing bodies with a copy of the preliminary determination required under 20.11.61.21 

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 of any 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), of those 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. If the department concurs with such demonstration, then the 

source shall not be issued a permit. 

D. Class I waivers: The owner or operator of a proposed source or modification may demonstrate to 

the federal land manager that the emissions from such proposed sciurce or modification would have no adverse 

impact on the AQRV of any such lands (including visibility), notwithstanding that the change in air quality resulting 

from emissions from such source or modification would cause or contribute to concentrations which would exceed 

the maximum allowable increases for a federal class I area. If the 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 of sulfur 

dioxide, PM2.

5, PM10 and oxides of nitrogen would not exceed the maximum allowable increases over minor source 

baseline concentrations for such pollutants, as shown in Table 5 of 20.11.61.30 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 if the department determines that an adverse impact on visibility would occur. The 

adverse impact must be due, primarily, to the operation of the proposed source or modification. 

F. Sulfur dioxide waiver by governor with FLM concurrence: The owner or operator of a 

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 of any maximum allowable increase for sulfur dioxide for a period of 24 hours or less applicable to any class 

I area and, in the case of federal mandatory class I areas, that a waiver from this requirement would not adversely 

affect the AQRV of the area (including visibility). The governor, after consideration of the federal land manager's 

recommendation (if any) and subject to his concurrence, may, after notice and public hearing, grant a waiver from 

such maximum allowable increase. If the waiver is granted, the department shall issue a permit to the owner or 

operator of the source or modification. Any owner or operator of a source or modification who obtains a permit 

under 20.11.61 NMAC shall comply with sulfur dioxide emissions limitations. These limitations do not allow 

20.11.61 NMAC 28 
increases of ambient concentrations, above the baseline concentration, to exceed the levels found in Table 6 of 

20.11.61.31 NMAC for periods of 24 hours or less for more than 18 days, not necessarily consecutive, in any annual 

period. 

G. Sulfur dioxide waiver by governor with the president's concurrence. In any case where the 

governor recommends a waiver in which the federal land manager does not concur, the recommendations of the 

governor and the federal land manager shall be transmitted to the president through the office of the governor. The 

president may approve the governor's recommendation if he finds that the waiver is in the national interest. If the 

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 of 20.11.61.31 

NMAC for periods of 24 hours or less 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 of the foUowing areas which were in existence on August 7, 1977, shaD be class I 

areas and may not be redesignated: 

(a) international parks (all of them); 

(b) national wilderness areas which exceed 5,000 acres in size; 

(c) national memorial parks which exceed 5,000 acres in size; and 

(d) national parks which exceed 6,000 acres in size. 

(2) Specifically for New Mexico, these areas are: 

(a) Bandelier wilderness, administered by 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 or class D: 

(1) The foUowing areas may be redesignated only as class I or 0: 

(a) an area which, as of August 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, 8/30/1 0] 

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 of more than 250 million BTU/hr heat input. 

H. Fuel conversion plants. 

I. Glass fiber processing plants. 

J. Hydrofluoric acid plants. 

K. Iron and steel mills. 

L. Kraft pulp mills. 

M. Lime plants. 

N. Municipal incinerators capable of charging more than 250 tons of refuse per day. 

0. Nitric acid plants. 

P. Petroleum refineries. 

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

R. Phosphate rock processing plants. 

S. Portland cement plants. 

T. Primary aluminum ore reduction plants. 

U. Primary copper smelters. 

V. Primary lead smelters. 

W. Primary zinc smelters. 

X. Secondary metal production plants. 

Y. Sintering plants. 

Z. Sulfur recovery plants. 

AA. Sulfuric acid plants. 

BB. Taconite ore processing plants. 

[20.11.61.26 NMAC - Rp, 20.11.61.23 NMAC, 1123/06; A, 8/3011 0] 

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 

PM10 emissions 15 

PM2.s emissions 10 tpy of direct PM 2.

5 emissions; 40 tpy 

20.11.61 NMAC 30 
of sulfur 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 of one microgram per 

cubic meter or greater (24-hr average) in 

any Class I Federal area located within 

10 km of the 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 of volatile organic compounds or nitrogen oxides subject to PSD would be required to 

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

[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 per cubic meter 

(J.lg/m3) 

Class I Class II Class III 

Nitrogen Dioxide 

I annual arithmetic mean 2.5 25 50 

Particulate Matter 

20.11.61 NMAC 31 
PM2.s. annual arithmetic mean 1 4 8 

PM2.s. 24-hour maximum 2 9 18 

PMu» annual arithmetic mean 4 17 34 

PM 1o. 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 per cubic meter (1J.g/m3

) 

Nitro2en Dioxide 

I annual arithmetic mean 25 

Particulate Matter 

PM2.s. annual arithmetic mean 4 

PM2 . .<;, 24-hour maximum 9 

PM10, annual arithmetic mean 17 

PM10, 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 SULFUR DIOXIDE WAIVER 

BY GOVERNOR· . Period of Exposure 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 of Significant Deterioration, 1/3/85; 

Regulation No. 29, Prevention of Significant Deterioration, 6/18/86; 

Regulation No. 29, Prevention of Significant Deterioration, 3/16/89; 

Regulation No. 29, Prevention of Significant Deterioration, 4/24/90; 

Regulation No. 29, Prevention of Significant Deterioration, 2126/93. 

History of Repealed Material: 

20 NMAC 11.61, Prevention of Significant Deterioration (filed 10/27/95) repealed 12/l/95. 

20.11.61 NMAC, Prevention of Significant 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 of Significant Deterioration, filed 10/27/95. 

20 NMAC 11.61, Prevention of Significant Deterioration, filed 10/27/95 replaced by 20 NMAC 11.61, Prevention 

of Significant Deterioration, filed 3/18/99. 

20.11.61 NMAC 32 
Z 0 IS t'l ti Y - 8 ? ;, ~ II : 0 I 

20 NMAC 11.61, Prevention of Significant Deterioration, filed 3118/99 renumbered, reformatted, amended, and 

replaced by 20.11.61 NMAC, Prevention of Significant Deterioration, effective I 0/1102. 

20.11.61 NMAC, Prevention of Significant Deterioration (filed 8/30/02) was replaced by 20.11.61 NMAC, 

Prevention of Significant 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 FOR AIR QUALITY (SIP) 

6 

7 Whereas, the New Mexico 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 of the Federal Clean Air Act, the City of Albuquerque 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 of pending 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 of the Albuquerque- Bernalillo County Government 

25 Center, One Civic Plaza NW, in Albuquerque, New Mexico, and the hearing was held consistent 
with the notice requirements of the Air Act, and 20.11.82 NMAC, Rulemaking Procedures- Air 

2 Quality Control Board; and 

3 Whereas, on April 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 staff to 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 

2 
2 

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 of the 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 Filings

Rules 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) The 

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

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

, NO2 or 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 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 
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 offi 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, 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 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:
389 New Mexico Register / Volume XXVI, Issue 10 / May 29, 2015

 (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 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;
New Mexico Register / Volume XXVI, Issue 10 / May 29, 2015 390

 (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 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 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;
391 New Mexico Register / Volume XXVI, Issue 10 / May 29, 2015

 (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, 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”

 (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)

PM2.5 emissions and PM10 emissions 

shall include gaseous emissions from 

a source or activity which condense 

to form particulate matter at ambient 

temperatures; on or after January 1, 2011, 

such condensable particulate matter 

shall be accounted for in applicability 

determinations and in establishing 

emissions limitations for 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 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 PM2.5 in all 

attainment and unclassifi able areas;

 (iii)

nitrogen oxides are presumed to be 

precursors to PM2.5 in 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 
New Mexico Register / Volume XXVI, Issue 10 / May 29, 2015 392

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, PM2.5 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 applicability 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 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 CO2

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

(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 CO2

e, and shall be calculated 

assuming the pollutant GHGs is a 

regulated NSR pollutant, and “signifi cant” 

is defi ned 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 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 

CO2

e; 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 
New Mexico Register / Volume XXVI, Issue 10 / May 29, 2015 394

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 months 

up 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 be affected 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 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 quantifiable, and 

emissions associated with startups, shutdowns, and malfunctions. 

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

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

during the consecutive 24-month period. 

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

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

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

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

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

the state has taken credit for such emissions reductions in an attainment demonstration or maintenance plan 

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

 (d) For a regulated 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 

unclassifiable under Section 107(d)(1)(A)(ii) or (iii) of the 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 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 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 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. Pollutantemitting activities shall be considered as part of the same industrial grouping if they belong to the same “major 

group” (i.e., which have the same first two-digit code) as described in the standard industrial classification (SIC) 

manual, 1972, as amended by the 1977 supplement (U. S. government printing office stock numbers 4101-0066 and 

003-005-00176-0, respectively) or any superseding SIC manual. 

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 
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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 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 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 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 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. 
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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 exemption 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: 
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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 unclassifiable 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 

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. 
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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 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; 

 (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”
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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 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) PM2.5 emissions and PM10 emissions shall include gaseous emissions from a 

source or activity which condense to form particulate matter at ambient temperatures; on or after January 1, 2011, 

such condensable particulate matter shall be accounted for in applicability determinations and in establishing 

emissions limitations for 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 to a 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 
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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 applicability 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 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 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 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 modification, 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. “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 (CO2e)” shall represent an amount of GHGs emitted, and shall be computed as 

follows: 
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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 and 

biodegradable 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 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 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 CO2e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, and 

“significant” is defined 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 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
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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
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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
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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
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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
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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

18

19

20

21

22

23

24

25
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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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Page 1

A

above-entitled 9:5

accomplish 5:24

accurate 9:7

Act 4:12

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

8:4

Albuquerque 1:11,22 2:23 6:10

Albuquerque-Bernalillo 1:1,10

alignment 7:4

allowable 3:25

ambient 3:15

amend 1:3 2:4

amended 7:9,11

amending 8:2

amendment 4:23 5:5

amendments 3:8 4:2,16,17,19,21

5:11,17,24 6:5,14,16,17,18 7:2

7:4

analogy 5:19

appear 5:25

appears 5:9

applies 6:11 7:7

approval 6:16,19

approve 7:10

approved 4:16

April 1:9 4:15 9:6

AQCB 1:6 2:3

area 3:22 6:12 7:7

areas 3:16

asking 2:24

aspects 4:6

Associates 1:21

attain 6:19

attained 3:16

attainment 3:23

attorney 9:9,12

Augustine 1:14

authorize 4:13

Aye 8:10,11

B

basically 5:23

Bean 1:21

behavior 6:8 7:6

Bernalillo 6:10

biofuels 5:3

biogas 5:1,2

bit 5:19

Board 1:1,13 2:14,20 4:8,14,15

6:18,22,24 7:9,10,12,17,25

board's 2:12

briefly 7:1

bring 7:3

C

called 3:10

calls 5:1

carries 8:14

case 5:8

cause 3:25 9:5

CCR 1:20 9:3

Center 1:10

certain 3:19 5:2,13

CERTIFICATE 9:2

Certified 9:17

certify 9:4,9

chair 1:14 2:19 7:23

Chambers 1:10

change 5:8 6:8

changes 4:4,5,9,9,14 5:25 6:6

citation 5:20,22,23

City 2:22

Civic 1:11

class 5:20

clear 6:16

close 7:20

closed 7:23

Code 2:12 3:9

colleagues 7:15

college 5:20

colloquial 5:19

conclude 7:14

concluded 8:16

conclusion 7:1

conducted 2:10

conform 3:13

considered 6:22

consistent 5:7

construction 6:11

contain 5:14

containing 2:25

continue 3:15

continues 3:22

contribute 4:1

CONTROL 1:1

Coordinator 2:22

counsel 9:10,12

County 1:1,10 6:10

court 1:21 4:24 5:8 9:17

creates 3:10

cross-examination 2:14

CRR 1:20 9:16

Cudney-Black 1:14 7:24 8:7,9,12

8:14

current 5:16

D

DEB 1:23

Deborah 1:16,20 9:3,16

decision 2:14 4:24,25

deferral 5:1,2

Deichmann 1:15 8:5

delayed 5:2

deletes 5:5

Department 2:23 4:23 7:8

Department's 7:13

Deterioration 1:4 2:5 3:11 8:3

Development 2:22

different 4:6 5:16

dioxide 6:21,23

discussion 7:25

Donna 1:15

draft 5:10 6:1

duly 2:18

E

E 1:10
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Ed 2:17,21

effect 6:2,6

employed 9:10,13

employee 9:12

enable 6:14

ensures 3:14

Environmental 1:5 2:6,23 4:22

EPA 4:4,9,16,17,18,21 5:1 6:15

6:16,19,25 7:11

EPA's 4:25

essentially 6:5

evening 2:19

exhibits 3:1,6

Expires 9:17

F

favor 8:10

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

4:24 5:7,12 7:2,4

Felicia 1:8

Finally 6:14

financially 9:13

first 2:18 4:3 6:15

five 5:22

floor 7:23

following 5:7

follows 2:18

found 6:12

full 2:25

FURTHER 9:9

G

gas 5:3

gases 4:8

good 2:19

Government 1:10

Grace 1:14

greenhouse 4:7 5:3

Griego 1:10

H

Health 2:23 4:23

hearing 1:8,8 2:1,2,10,15,20 3:4

6:22 7:16,21,22

hereto 9:13

hopefully 6:17

I

impact 6:4 7:5

implementation 1:6 2:8 6:20

include 5:22

including 4:7

incorporate 8:3

incorporation 1:5 2:7

infrastructure 6:20,21

intent 2:25

interested 9:14

issued 6:13

J

James 1:17

Jane 1:14

Jens 1:15

K

L

L 1:16,20 9:3,16

language 5:6

large 3:19 6:12

law 3:12 4:11 7:2

lead 6:23

Lenton 1:16

level 4:4

License 9:17

limit 3:21

limits 3:25 5:3

local 4:3,10,12 5:5,13,16 7:3

locally 6:5,13 7:5

look 6:1

M

Madam 2:19,20 7:21

making 4:9

Malry 1:16

markups 6:1

matter 1:3 5:4 8:1

matters 6:15

members 1:13 2:20 7:17,25 8:11

Merta 2:16,16,17,19,21 3:5,7

7:17,20,21

messy 6:2

met 3:16

Mexico 1:6,11,20,22 2:8 3:9 8:4

9:3

motion 8:1,14

move 5:23 8:5

Moved 8:9

N

name 2:21

national 3:15

necessary 4:3 6:19

neither 9:9

net 6:2

new 1:6,11,20,22 2:8 3:9,19 6:11

8:4 9:3

nitrogen 6:23

NMAC 1:3 2:4,6 7:10 8:2

notes 9:8

notice 2:25

number 4:15

NW 1:11,22

O

O'Connor 1:20 9:3,16

oath 2:13 3:2

obtain 3:23

occurred 4:24

Officer 1:8 2:1,20 3:4 7:16,21,22

opportunity 7:13

opposed 8:12

ordinances 4:13

organic 5:4

Orth 1:8 2:1 3:4 7:16,22

P

p.m 1:9 8:16

pages 5:9,25

panel 7:18,19

paper 5:20,21

part 4:18 5:13,16,21,22

participation 5:15

parties 9:11,13

Peck 1:17

pending 6:15

permit 3:24

permits 3:19,21 6:13

petition 1:3,7 2:2,3,3,15 7:14

place 4:5

plan 1:6 2:8

plans 6:20

Plaza 1:11

point 7:24
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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

6:7,9,13,18 7:3,7

public 5:10,14 6:1

purpose 3:7,14

Q

quality 1:1,6 2:9,21,24 3:15 8:4

questions 7:15,17,18,19

R

rarely 6:10 7:7

reason 7:19

recap 7:1

record 3:3 7:20,22

refer 6:3

references 5:14,18 6:3

regarding 7:25

regulated 3:20 6:6

regulation 2:21 3:10 4:3,10 5:1,6

5:9,12,12 6:7,9 7:3,7

regulations 3:13 4:4

related 4:7 5:3 9:10

relative 9:12

reported 1:20 9:5

Reporter 9:17

REPORTER'S 9:2

Reporting 1:21

request 3:8

requested 4:18

requesting 4:22

requests 7:8

require 4:13 6:7

required 3:12 4:10,23 5:11,18

7:2

requirements 4:7 5:7,15 7:4

requires 3:18

resolution 8:1,6

respectfully 7:8

responded 4:8 8:11

response 8:13

return 7:23

review 4:17,18 5:10 6:1,24 7:11

RPR 1:20 9:16

rule 5:13,16,17

rules 2:12

S

says 5:13

second 2:2 6:18 8:7,8

seconded 8:9

Section 2:4,11

seldom 6:12

Service 1:21

shorthand 9:8

show 3:24

Significant 1:4 2:5 3:11 8:3

simply 6:2

SIP 1:6 6:21 8:4

SIPs 6:20

small 5:8

source 3:23

sources 3:19 6:6,12 7:6

specific 3:8,13 5:12,14

spelled 5:15

stand 7:14

standard 4:1

standards 3:15,17,20

state 1:6 2:8 4:12 6:20

stenographically 9:6

Stover 1:16

Street 1:22

subject 2:13 4:19 5:6

submission 4:16 7:10

submit 1:4 2:5

submittal 4:25

Suite 1:22

sulfur 6:21

surpass 3:24

sworn 2:18

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taken 2:13

tells 5:21

testified 2:18

testimony 2:13 3:1,5,7 4:20 7:14

thank 3:4 7:12,16 8:15

Third 1:22

three 4:18

transcript 9:7

transcription 9:8

true 9:7

two 5:24 6:13,23

U

U.S 1:5 2:6

underway 4:17

Upson 1:15 8:8

use 5:3,18

V

vacated 4:25

version 5:17 7:9,11

Vice 1:14

Vincent 1:10

violation 4:1

W

way 6:16

wording 6:7

written 3:1

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1977 6:13

2

2 5:11,17
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