# State ofNew Mexicd<' Office 

# of die <governor Bill Richardson Governor 

### December 15, 2010

# ESJlJ\.~~ ••.••••ESIt"••••••••••••••••• 6DRJ\. 6WQ. ....•.•..•.•..•. 6MD 8SF

.

Dr. Alfredo Armendariz, Regional Administrator U.S. Environmental Protection Agency, Region VI 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733 

## ES()lttl•••••••••.••**ESIl~** 

## ••••••••••••••••••**6P~.C>.~~** ••6XA••

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### SUBJECT: Request for approval ofrevision to the New Mexico State Implementation Plan (SIP) for air quality through the incorporation ofan amended 20.11.1 NMAC, General Provisions, and 20.11.61 NMAC, Prevention of SignificantDeterioration, and 20.11.42, Operating Permits, as an update to the Title V Program

Dear Dr. Armendariz,

As provided by 40 CFR Part 51, Appendix V, I am writing to request approval ofthe attached documentation, which will serve as the basis for a revision to the SIP for New Mexico. Specifically, I am transmitting an amended 20.11.1 NMAC, GeneralProvisions, and an amended 20.11.61 NMAC, Prevention of SignificantDeterioration. In addition, I am requesting approval ofan update to the Title V Program through the incorporation ofan amended 20.11.42 NMAC, Operating Permits. All three ofthese rules apply exclusively to Bernalillo County, New Mexico.

The Albuquerque-Bernalillo County Air Quality Control Board (AQCB) amended 20.11.1 NMAC, General Provisions, 20.11.61 NMAC, Prevention ofSignificant Deterioration, and 20.11.42 NMAC, Operating Permits on December 8, 2010, after a public comment period and corresponding public hearing held the same evening. These regulations were filed with the New Mexico State Records Center on December 10, 2010, and become effective locally on January 10, 2011. We believe that the submitted materials provide adequate documentation to support the requested SIPrevision and Title V Program update.

To facilitate yourreview and processing, the following materials are enclosed:

1) SIP Completeness Checklist pursuant to 40 CFR 51, Appendix V
2) Hearing record, including transcripts and exhibits

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

### 3) Comments received
4) The amended regulations, 20.11.1 NMAC, General Provisions, 

### 20.11.61 NMAC, Prevention of SignificantDeterioration 

### and 20.11.42 NMAC, Operating Permits


### 5) Other supporting documentation

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

Bill Richardson Governor ofNew Mexico

cc: Mr. Ron Curry, Secretary, New Mexico Environment Department Ms. Mary Uhl, Chief, Air Quality Bureau, NM Environment Department Ms. Mary Lou Leonard, Director, Albuquerque Environmental Health Department Ms. Margaret Nieto, Control Strategies Supervisor, Albuquerque Air Quality Division

# SUBMITTAL LETTERFROM EHD DIRECTORTO GOVERNOR

# CITY OF ALBUQYERQYE

POBox 1293

Albuquerque

NMB7103

www.cabq.gov 

### December 14, 2010

Honorable Bill Richardson Governor, State of New Mexico 

### Office of the Governor Room 400 490 Old Santa Fe Trail Santa Fe, NM 87501

Re: Request to submit to the Environmental Protection Agency (EPA) proposed revisions to the New Mexico State Implementation Plan (SIP) for air 

### quality, through incorporation of an amended 20.11.1 NMAC, 

### General ProviIionI, and 20.11.61 NMAC, 

### Prevention 

## of Signifil"fJnt Deterioration, and 20.11.42, 

### Operating PermitI, as an update to the Tide V Program

Dear Governor Richardson,

I request your assistance in submitting the attached documentation to the EPA which constitutes



### a revision to the SIP as provided by 40 CFR Part 51, Appendix V, and an update to the Tide V Program. The proposed SIP revision would incorporate an amended 20.11.1 NMAC, 

### General ProviIionI, and 20.11.61 NMAC, 

### Prevention ofSignifi,·ant Deterioration and the Tide V update would incorporate an amended 20.11.42, 

### Operating PermitI, which were adopted pursuant to Tide I of the Clean 

### Air ActAmendments of 1990. If you agree to submit the proposed SIP revisions, and Tide V update, then the submittal, including your signed letter requesting approval (a draft of which is includedin this packet), should be forwarded to the EPA for approval.

The Albuquerque-Bernalillo County 

### Air Quality Control Board (AQCB) adopted an amended 20.11.1 NMAC, 

### General ProviIionI, 20.11.61 NMAC, 

### Prevention 

## of Significant Deterioration and 

### 20.11.42, Operating PermitI, on December 8, 2010, after a public comment period and corresponding public hearing held the same evening. The amended regulations were filed with the New Mexico State Records Center on December 10, 2010, and become effective locally on January 10, 2011. The submitted materials provide documentation to support the requested SIP revision andTide V Program update.

Albuquerque

- Milking History 1706-2006

### 12/14/10 SIP Revision and Title V Program Update 2



### A To facilitate your review and processing, the following materials are enclosed:



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

2) Hearing record, including transcripts and exhibits

3) Comments and responses


### 4) Amended regulations, 20.11.1 NMAC, 

### GeneralProvisions, 20.11.61 NMAC,



### Prevention 

## of5ignifitantDeterioration and 20.11.42, 

### Operating Perm,ts

5) Other supporting documentation

Your favorable consideration of this request is appreciated. 

### If you have any questions, please 

### contact Margaret Nieto of my staff at (505) 768-2637. 

# j£4

Environmental Health Department

Enclosure



### cc: Jens Deichmann, Chair, Albuquerque

- Bernalillo County Air Quality Control Board Margaret Nieto, Control Strategies Supervisor, 

### Air Quality Division Mary Vhl, Chief, 

### Air Quality Bureau, NM Environment Department

## Revision to the New Mexico State Implementation Plan for Air Quality (SIP) through incorporation ofan amended 20.11.1 NMAC, GeneralProvisions, 

## and 20.11.61 NMAC, Prevention of SignificantDeterioration; 

## along with an update to the Title V Program by incorporation ofan amended 20.11.42 NMAC, OperatingPermits; 

## in furtherance ofthe Greenhouse Gas Tailoring Rule.

December, 2010

SIPCOMPLETENESS CHECKLIST Forregularprocessing (Per40 CFR 51 Appendix V)



### 2.1 Administrative Materials



## (a) A fonnalletter ofsubmittal from the Governor or his designee, requesting EPA approval ofthe plan orrevision thereof(hereafter "theplan").

X 

## YES NO N/A

Thepackage is being sent to EPA with aformal submittal letterfrom the Governorof the State of NewMexico.


## (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 fonn. 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

TheAlbuquerque-Bernalillo CountyAirQuality ControlBoard (AQCB) amended

## 20.ll.1 NMAC, GeneralProvisions, 

## 20.ll.61 NMAC, Prevention of SignificantDeterioration, and

## 20.11.42 NMAC, Operating Permits, on December 8, 

## 2010 afterapublic commentperiodand correspondingpublic hearing heldon the same evening. These regulations were filed with the NewMexico State Records Center (NMSRC) on December 

## 10, 2010, andbecome effective locally onJanuary 

## 10,20ll.
AttachmentA contains thefiled transmittal formsfor 

## 20.11.1 NMAC, 

## 20.11.42 NMACand

## 20.11.61 NMAC respectively, as requiredby State Records Center, andsignedbyBoard ChairJens Deichman. The date of transmittal is indicatedby the date stamp at the top of eachpage.



## Page I of5

## (c) Evidencethat the State has 

## the necessary legal authorityunder State law to adopt and implement the plan.

X YES NO



## -- N/A

TheNewMexico Air Quality ControlActprovidesfor regulation at 

## 74-2-5.1 NMSA 1978, Duties andpowers of the departmentandthe local agency; andforplan revisions at

## 74-2-5.2 NMSA 1978, State air pollution controlagency; specific duties andpowers of the department. See:http://www.conwaygreene.com/nmsu/lpext.dll?(=templates&tn=main-hith.htm&2.0



## (d) A copy ofthe 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 ofthe official State regulation/document signed, stamped, dated by the appropriate State official indicating that it is fully enforceable by the State. The effective date ofthe regulation/document shall, whenever possible, be indicated in the document itself Ifthe State submits an electronic copy, it must be an exact duplicate ofthe hard copy with changes indicated, signed documents needto 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 orchapter, depending upon size, and separate files for eachdistinct document) unless otherwise agreedto by the State and Regional Office.

X 

## YES NO N/A

A copy of the actual regulations submitted for approvalandincorporation by 

## reference into the plan or as an update to the program is shownfor 20.lJ.1 NMAC, 20.lJ.42 NMAC and 20.lJ.61 NMAC respectively in AttachmentB. AttachmentA contains the amended rules and transmittal forms indicating the changes made to the existing approved plan or program, in a 'redline/strikethrough'format, signed, stamped and dated by the appropriate officials, indicating that they arefUlly enforceable. These amended regulations will bepublished in the New Mexico Register

onDecember30, 2010 (Vol. XXI, 

## No. 24). 

## SeeAttachmentC.



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

X YES NO N/A

Page 20f5

### The 

## New Mexico Air Quality 

## ControlAct 74-2-6C requires 3a-day notice. See Hearing Exhibits AQD 

## # 2a 2b, & 2c 

## in Attachment Dfor evidence that notices werepublished in the local newspaper and the New Mexico Register. 20.11.82 NMAC requires that a Petitionfor Hearing befiled

as well as an NOl. These are also shown inAttachmentD.
(f) 

### Evidence that public notice was given ofthe proposed change consistent with procedures approved by EPA; including the date ofpublication of such notice.

X YES NO



## -- N/A



## See AQD Exhibits #2a, 2b and 2c, in Attachment D. These provide evidence that notices werepublished in the local newspaper and the New Mexico Register. /n addition, notice was alsoprovided in theform of an e-mail sent to the air quality listserve. The New Mexico Air Quality ControlAct at 74-2-6C NMSA 1978, Adoption ofregulations; notice and hearings 

## requires a 30-day notice.
(g) Certification that a public hearing was held in accordance with the infonnation 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

-- 

## The opening statement for the December 8,20/0, public hearing includes information on the notice of public hearing and instructions on how the hearing will be conducted. See certified hearing record transcript in AttachmentE.

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

X YES NO N/A



## See AttachmentD containingAQD Exhibits 4 

## and 8

## for comment(s), and AQDExhibits 7

## and9

## for responses (floor amendments).



## 2.2 Technical Support



### (a) Identification ofall regulatedpollutants affected by the plan

. ..1LYES

__ NO N/A



## These regulations apply to all regulatedpollutants.

Page 3 of5

### (b) 

## Identification ofthe locations ofaffected sources including the EPA attainment! nonattainment designation ofthe locations and the status ofthe attainment plan forthe affected area(s).



## ---.X.. YES 

## NO N/A



## Bernalillo County is currently designatedas an attainment areafor 

# co undera Limited Maintenance Plan (LMP). This designation was published in the FederalRegisteron July 21, 

## 2005 [Vol. 70, No. 139. 41963-7]. 

## The objective of20.11.42 NMAC, Operating Permits is To assure that majorair pollution sources within Bernalillo county obtain an operating permit setting forth minimum requirements and conditions of operationpursuant to Title Vof the CleanAirActAmendments of 1990 [42 

## U.S.c. 7401, etseq.].

. The objective of 20.11. 61 

## NMAC, 

## Prevention ofSignificant Deterioration is to minimize airpollutant emissionsfrom new major stationary sources or major modifications in areas classified as in attainment ofthe national ambient air quality standards or determined to be unclassifiablepursuant to Section 107(d) of theAct. Therefore the sources affected by this regulation will include any new major stationary sources ormajormodifications that meet the thresholds set out by the Greenhouse Gas TailoringRule [FR Vol. 75, No. 106, 31514-31608].



## (c) Quantification of the changes in plan-allowable emissions from the affected
sources; estimates ofchanges in current actual emissions from affected sources or, where appropriate, quantification of changes in actual emissions from affected sources through calculations ofthe differences between certain baseline levels and allowable emissions anticipated as a result ofthe revision.

YES

-- 

## NO ---.X.. N/A


## (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 ifthe 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 ofthe 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 175Aofthe Act.



## ---.X.. YES 

## NO N/A



## -- Regulation amendments mirrorFederal language, anddo not reduce stringency.


## (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 ofoffsite data (where used), modes ofmodels used, assumptions, and other information relevant to the determination ofadequacy ofthe modeling analysis.

Page 4 of5

## YES 

# NO -K-N/A



### (f) 

## Evidence, where necessary, that emission limitations are based on continuous emissionreduction technology.

_YES



# __ NO -K-N/A


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

-K-YES



# __ NO N/A



### Regulation amendments mirror Federal language applicable to aforementioned requirements.



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


# NO N/A



### Regulation amendments mirror Federal language applicable to aforementioned requirements.



## (i) Special economic and technical justification required by any applicable EPA policies, oran explanation ofwhy suchjustifications are not necessary.

YES 

# NO -K-N/A



## Page 5 of5

# ATTACHMENT A

AttachmentA contains the transmittalforms required by the New Mexico State Records Center tofile a regulation oran amendment. Theforms are signed 

## byAQCB Chairman Jens Deichman. Also included in Attachment A are the officialfi1ed copies of the amended regulations (20. ll. 1 

### NMAC, 20.11.42 NMAC. & 

### 20.11.61 NMAC). The date stamp at the top of each transmittal form indicates the date of filing.

## 2010 DEC 10 M110: 

## S9 NMAC TRANSMITTAL FORM

12410 NMAC [Sequence #

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### Arle;;cW:~Code.J DFAl o' '. 

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# . , .2• Albuquerque-Bernalillo County Air Quality Control Board NO. 4233 (Internal Control # Assignee by SRCA 2{B/08)

c/o Environmental Health Department, Air Quality Division P,O. Box 1293, One Civic Plaza NW Albuquerque NM 87103 . 

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Name Neal Butt Ph # 

## I (50S) 768- 

# IFAX 150S-76S-2617 one 2660
E-mail nbutt@cabg.gov



# yesD ....'·.1. '

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### ...... Repeal 

# D Emergency 

# 0

Public domain

# D

16'**~ega.l c1~tlon(s)**  ;that.alloW'5 .the.fssuln,g'Agencyto regulate, and1:h .ISSlilngAuthotftyto,promulgate regulatlons·oh:thissUbjeet{provii:le·all,that-appIV). "",'

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### I New Mexico Air Quality Control Act, NMSA 1978 Section 74-2-4, 74-2-S.C, the Joint Air Quality Control Board Ordinance, Bernalillo County Ordinance 94-5 Section 4; and the Joint Air Quality Control Board Ordinance Revised Ordinances of AlbUQuerQue 1994 Section 9-5-1-4.

17"SignatUre:/kT.ltle 

### of IsSuing**A~thority.('O.elegc7ted** authority'mustbe on file)"" ;:

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# -: 

# .

Name: Mr, Jens Deichmann Check ifdelegated authority

# ID~(.f.1:. (J

## FILED WITH STATE RECORDS CENTER 

# 2010 DEC lOAM 

# 10: 59

This is an amendment to 20.Il.l NMAC, Section 7, effective IIIOIll.

20.11.l.7 DEFINITIONS: The defmitions of20.11.1 NMAC apply unless there is a conflict between defInitions in other parts, in which case the defInition found in the applicable part shall govern. The defInitions include the measurements, abbreviations, and acronyms in Subsection GGGG, of20.11.1.7 NMAC. A. Abnormal operating conditionsfl means the startup or shutdown ofair pollution control device(s) or process equipment. B. WoAdministrator" means the administrator ofthe United States environmental protection agency
or his or her designee. C. ""Affected source" or ""facility" means any stationary source, or any other sOurce ofair pollutants, that must comply with an applicable requirement. D. "Air agencyfl, "departmentfl or "EHDfl means the environmental health department (EHD) of the city ofAlbuquerque. The EHD, or its successor agency or authority. as represented by the department director

or his/her designee, is the lead air quality planning agency for the Albuquerque

- Bernalillo county nonattainment/maintenance area. The EHD serves as staffto the Albuquerque

- Bernalillo county air quality control board, (A-BC AQCB), and is responsible for the administration and enforcement ofthe A-BC AQCB regulations. 

### E. ""Air contaminant" or ""air pollutant" means an air pollution agent or combination ofsuch agents. including any physical, chemical, biological, radioactive (including source material, special nuclear material, and byproduct material) substance or matter which is emitted into or otherwise enters the ambient air. Such term includes any precursors to the fonnation ofany air pollutant; to the extent the EPA has identified such precursor or precursors for the purpose for which the term "airpollutant" is used. This excludes water vapor, nitrogen (N,), [eafllea die"ide (CQ;ri;] oxygen (0,), [melhaae] and ethane. F. ""Air pollution" means the emission, except as such emission occurs in nature, into the olltdoor atmosphere ofone or more aircontaminants in such quantities and duration as may with reasonable probability injure human health, animal or plant life, or as may unreasonably interfere with the public welfare, visibility or the reasonable use ofproperty. 

### G.**~Air** quality control actfl means the State ofNew Mexico Air Quality Control Act, Chapter 74, Article 2, NMSA 1978 as amended. H.**~Air** quality conlrol boardfl

,**~board"** or "A-BC AQCBfl means the Albuquerque

- Bernalillo county air quality control board, which is empowered by federal act, the Air Quality Control Act, and ordinances, to prevent or abate air pollution within the boundaries ofBernalillo county, except for Indian lands over which the board lacksjurisdiction. I. ""Allowable emissions" means: (I) Any department or federally enforceable permit term Or condition which limits the quantity, rate,

or concentration ofemissions ofairpollutants on a continuous basis, including any requirements which limits the level ofopacity, prescribe equipment, set fuel specifications, or prescribe operation or maintenance procedures for a
source to assure continuous reduction that are requested by the applicant and approved by the department or, determined at the time ofissuance or renewal ofa permit to be an applicable requirement. (2) Any federally enforceable emissions cap that the pennittee has assumed to avoid an applicable requirement to which the source would otherwise be subject. J. "Ambient" means thatportion ofthe atmosphere, external to buildings, to which the general public has access. 

### K. "Applicable requiremenlfl means any ofthe following (and includes requirements that have been promulgated or approved by the board or EPA through rulemaking): (1) any standard or otherrequirement provided for in the New Mexico state implementation plan approved by EPA, or promulgated by EPA through rulemaking. under Title I, including Parts C orD, ofthe federal act; (2) any term or condition ofany pre-construction permit issued pursuant to regulations approved or promulgated through ruIemaking under Title I, including parts C or D, ofthe federal act; (3) any standard orother requirement: (a) under Section III or 112 ofthe federal act; (b) ofthe acid rain program under Title IV ofthe federal act or the regulations promulgated thereunder; (c) governing solid waste incineration under Section 129 ofthe federal act; (d) for consumer and commercial products under Section I83(e) ofthe federal act;

20.11.1 NMAC(e) ofthe regulations promulgated to protect stratospheric ozone under Title VI ofthe federal act, unless the administrator has determined that such requirements need not be contained in a Title Vpermit; (4) any requirements established pursuant to Section 504(b) or Section I 14(a)(3) ofthe federal act; (5) any national or state ambient air quality standard; (6) any increment or visibility requirement under Part C ofTitle I ofthe federal act applicable to temporary sources permitted pursuant to Section 504(e) ofthe federal act; (7) any regulation adopted by the board in accordance with thejoint air quality control board ordinances pursuant to the Air Quality Control Act, and the laws and regulations in effect pursuant to the Air Quality Control Act. 

### L.**~4Breakdown** 

### or upset'" means any sudden, infrequent, and not reasonably preventable failure of air pollution control equipment, or process equipment, which causes a process to not operate in a normal manner. 

### Failures that are caused by process imbalance, poormaintenance or careless operation are not breakdowns. M.**~4Carbon** 

### monoxide'" or 14CO'" means acolorless, odorless, poisonous gas composed of molecules containing a single atom ofcarbon and a single atom ofoxygen with a molecular weight of28.0I glmole. N. "'Chemical process'" means any manufacturing processing operation in which one or more changes in chemical composition or chemical properties are involved. 0,**~Coal** burning**equipment~** means any device used for the burning ofcoal for the primary purpose ofproducing heat or powerby indirect heat transfer in which the products ofcombustion do not come into direct contact 

### with other materials. P. "'Commenced" means that an owner or operator has undertaken a continuous program of construction or thatan owner or operator has entered into a binding agreement or contractual obligation to undertake and complete, within a reasonable time, a continuous program ofconstruction or modification. 

### Q,**~Construction~** means fabrication, erection, or installation ofan affected facility, 

### R. "Crematory" means any combustion unit designed and used solely for cremating human or animal remains Or parts and tissues thereof, and other items nonnally associated with the cremation process, but not including pathological waste. S.**~Department~** means the Albuquerque environmental health department, which is the administrative agency ofthe Albuquerque

- Bernalillo county air quality control board, T,**"Director~** means the administrative head ofthe Albuquerque environmental health department or
a designated representative(s). U.**~Emission** limitation or**standard~** means a requirement established by EPA, the state implementation plan (SIP), the Air Quality Control Act, local ordinance, permit, or board regulation, that limits the quantity, rate or concentration, or combination thereof, ofemissions ofregulated airpollutants on a continuous basis, including any requirements relating to the operation or maintenance ofa source to assure continuous reduction. V,**~EPA** means the United States environmental protection agency or the EPA's duly authorized representative. 

## w. "Excess emissions" means the emission 

### ofan air contaminant, including a fugitive emission, in

excess ofthe quantity, rate, opacity or concentration specified by an air quality regulation or pennit condition. X. 14Excess emissions report" means a report submitted by a stationary source at the request ofthe department in order to provide data on the source's compliance with emission limits and operating parameters. 

### y,**~Federal act~,** **~act"** or**"CAA~** means the Federal Clean Air Act, 42 U.S.c. Section 7401 through 7671 et seq., as amended. Z. "Federal class I wilderness**areas~** means areas designated by the EPA as such, Federal class I wilderness areas within 100 kilometers ofBernalillo county are Bandelier wilderness, Pecos wilderness, and San Pedro Parks wilderness. AA. '''Fluid'' means either 

### ofthe two states 

### ofmatter, liquid or gaseous. BB. ""Fugitive emissions" means any emissions which cannot reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening or is not otherwise collected, unless the emission is otherwise regulated by the federal act, tbe Air Quality Control Act, or the laws and regulation in effect pursuant to the act. Cc. "Greenhouse**2ases~** or**"GHGs~** means the air pollutant defined in § 86. J818-12(a\ ofChapter I 

### ofTitle 40 

### ofthe CFR. as the aggregate group ofsix greenhouse gases: carbon dioxide nitrous oxide. methane, hydrofluorocarbons. perfluorocarbons. and sulfur hexafluoride.**[~I** DD,**"Grain~** means that unit ofweight, which is equivalent to 0.0648 grams,

20.11. J NMAC 2

## rDD.1 EE. "Hazardous air pollutant" means an air contaminant which has been classified pursuant to the federal act. the Air Quality Control Act, 

### or laws and regulations in effect pursuant to the acl. [EE.) 

### FF. "Hydrocarbons" or "HC" means any chemical compound ofa class ofaliphatic. cyclic.

or aromatic chemical compounds containing mostly hydrogen and carbon. Hydrocarbons are highly reactive in the presence ofnitrogen ox.ides and sunlight. All are precursors to more serious air pollutants such as ozone and nitrogen dioxide. 

### [111'.1 GG. "Hydrogen sulfide" or 

### "H,8" means the chemical compound containing two atoms of hydrogen and one ofsulfur with a molecular weight of34.07 g/mole. [(;G,j 

### HH. "Incinerator" means any furnace used in the process ofburning solid waste for the purpose ofreducing the volume. by removing combustible matter. 

### IHH.] II. "Inedible animal by-product processing" means operations primarily engaged in rendering. cooking. drying, dehydration, digesting. evaporating or concentrating ofanimal proteins and fats. rD.] 

### JJ. "Kraft mill" means any pulping process, which uses an alkaline solution for a cooking liquor. l.JJ.j KK. "Lead" or "Pb" means a heavy metal, with a molecular weight of207.19 g/mole that is hazardous to health ifbreathed or swallowed. [KI'.) LL. "Malfunction" means any sudden and unavoidable failure ofair pollution control equipment or process equipment beyond the control ofthe owner or operator, including malfunction during startup

or shutdown. A failure that is caused entirely or in part by poor maintenance, careless operation. or any other preventable equipment breakdown shall not be considered a malfunction. 

### [y,,1 MM. "Modification" means any physical change in or change in the method ofoperation ofa
source that results 

### in an increase in the potential emission rate ofany regulated air contaminant emitted 

### by the

source or 

### that results in the emission ofany regulated air contaminant notpreviously emitted, but does not include: (I) a change in ownen;hip ofthe source; (2) routine maintenance, repair or replacement; (3) installation ofair pollution control equipment. and all related process equipment and materials necessary for its operation, undertaken for the purpose ofcomplying with regulations adopted by the environmental improvement board or the local board or pun;uant to the federal act; or (4) unless previously limited by enforceable pertrtit conditions: (a) an increase in the production rate, ifsuch increase does not exceed the operating design capacity ofthe source; (b) an increase in the hours ofoperation; or (c) USe ofan alternative fuel or raw material if, prior to January 6, 1975, the source was capable ofaccommodating such fuel or raw material, or ifuse ofan alternate fuel or raw material is caused by any natural gas curtailment or emergency allocation or any other lack ofsupply ofnatural gas. 

### IMM.-] NN. '"'New source" means any stationary source, the construction or modification of

### which is commenced after the filing ofa regulation applicable to the stationary SOurce. [!'IN.) 

### 00. "Nitrogen dioxide" or "NO," means a reddish brown, poisonous gas composed of molecules containing a single atom ofnitrogen and two ofoxygen with a molecular weight of46.0 g/mole. [QG,j PP. "Nitrogen oxides or NOx" is a class ofchemicals containing varying quantities of nitrogen and oxygen that 

### are created from combustion processes taking place at high temperatures and high 

### pressures (e.g

.. inside automotive engine cylinders orin high temperature boilers). Examples ofnitrogen oxides are NO, 

### NO" NO" N,O" and N,O,. Nitrogen oxides are also referred to as oxides ofnitrogen. [PI'.) 

### QQ. "NMAC" means New Mexico administrative code, which contains the rules adopted by all rulemaking agencies ofthe state ofNew Mexico and the rules adopted by the A-BC AQCB. [QQ.] 

### RR. "Open burning" means the combustion ofany material without the following 

### characteristics:

. (I) control ofcombustion air to maintain adequate temperature for efficient combustion; 

### (2) containment ofthe combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion; and (3) etrtission controls for the gaseous combustion products. 

### [RIl.l 55. "Operator" means the pen;on(s) responsible for the overall operation ofa source. 

### ISSr] TT. "Owner" means the person(s) who owns a source orpart ofa source. I+I.] UU. "Ozone or OJ" means apungent, colorless gas composed ofmolecules containing three
atoms ofoxygen with a molecular weight of48.0 g/mole.

20.1Ll NMAC 3IW,] VV,**"Part~** means the required NMAC designation for the normal division ofa chapter. A part consisL' ofa unified body ofrule material applying to a specific function or devoted to a specific subject matter. Structurally, a part is the equivalent ofa rule. [¥¥.) WW, "Particulate matter" or**"PM~** means any airborne finely divided solid or liquid 

### material such as dust, smok.e, mist, fumes or smog found in air or emissions. [ww.] 

### XX, "Particulate matter**emissions~** means all finely divided solid or liquid rnaterial, other than uncombined water, emitted to the ambient air as measured by the reference method in 40 CFR 60, Appendix A, Method 5, or an equivalent method approved by the EPA.**[~I** 

### IT. "Pathological wa.te**de.tructor~** means any equipment, which is used to dispose of pathological waste by combustion or other process, which is approved by EPA. [¥¥.) 

### ZZ, "Performance**test~** means the data, which is the result ofa test performed as required by the department to determine compliance. 

### IZln] AAA.**~Permit'"** 

### means any permit or group ofpennits, 

### modifications, renewals or revisions authorizing the construction or operation ofa stationary source pursuant to the federal act, the Air Quality Control 

### Act, or laws and regulations in effect pursuant to the act. [AAA.) 

### BBB.**"Permittee~** means the owner or operator identified in any permit application or permit. [BBB.[ CCC,**"Person~** means any individual, partnership, firm, public or private corporation, 

### association, trust, 

### estate, political subdivision or agency. or any other legal entity or their legal representatives, agents or assigns.**[~I** DDD, "Photochemical**oxidants~** means an air pollutant, which is formed by the action of sunlight on oxides ofnitrogen and hydrocarbons. 

## IDDDrl EEE. "PM 10 ", 

### "PMz . s"or "PM," means particulate matter with an aerodynamic diameter less than or equal to 10,2.5, or I micrometers, respectively. [EEE-I 

### FFF, "PM,.,**emi.sions~** means fmely divided solid or liquid material with an aerodynamic 

### diameter less than or equal to anominal 2.5 micrometers emitted into the ambient air as measured by the reference method in 40 CFR Part 50, Appendix L, approved by the EPA.**I~]** GGG, "PM,.**emissions~** means finely divided solid or liquid material with an aerodynamic 

### diameter less than or equal to anominal 10 micrometers emitted into the ambient air as measured by the reference method in 40 CFR Part 50, Appendix J and M, or equivalent method approved by the EPA. (GbG.1 HHH, "Pollution control**device~** or "air pollution control**equipment~** means any device, 

### equipment, process or combination thereof, the operation ofwhich may limit, capture, reduce, confine, or otherwise control regulated air pollutants or convert for the purposes ofcontrol any regulated air pollutant to another form, another chemical or another physical state. This includes, but is not limited to, sulfur recovery units, acid plants, baghouses, 

### precipitators, scrubbers, cyclones, water sprays, enclosures, catalytic converters, and steam or water injection.IHHIIr) 

### III. "Portable stationary source'" or "temporary stationary source'" means astationary

source capable ofchanging its location with limited dismantling or reassembly which is associated with a specific 

### construction project or increased production demand. [IlL) 

### JJJ. "Potential to emit'" or upre-controlled emission rate'" means the maximum capacity of

a stationary source to emit any air contaminant under its physical and operational design. Any physical or 

### operational limitation on the capacity ofa source to emit an air pollutant, including air pollution control equipment and restrictions on hours ofoperation or on the type or amount ofmaterial combusted, stored, Or processed, shall be treated as part ofits design ifthe limitation is federally enforceable or is included in a permit issued by the department. However, the potential to emit for nitrogen dioxide shall 

### be based on total oxides ofnitrogen. 

## IJJJ.! KKK. "Process**equipment~** means any equipmentused for storing, handling, transporting, processing or changing any materials whatsoever but excluding that equipment specifically defIDed in these 

### regulations as incinerators, crematories, pathological waste destructors, pathological destructors and medical waste destructors. [KKK.] 

### LLL, "Process weight" means the total weight ofall materials introduced into any specific 

### process, which causes any discharge ofair contaminants into the atmosphere. Solid fuels introduced into any specific process will be considered as part ofthe process weight, but liquid and gaseous fuels and combustion air will not. [l.bb] MMM, "Process weight**rate~** means the hourly rate derived by dividing the total process weight by the number ofhours in one complete operation from the beginning ofany given process to the completion thereof, or from the beginning to the completion ofa typical portion thereof, excluding any time during which**th~** equipment is idle.

20.11.1 NMAC 4

### IMMM, [Rese",'e,,]] NNN.**~Regulated** 

### air**pollutant~** 

### means the following: (I) anypollutant for which a national, state, or local ambient air quality standard has been promulgated; (2) aoy pollutaot that is subject to any standard promulgated under Section III ofthe federal act; (3) 

### any Class I or II 

### substance subject to aoy staodard promulgated under or established by Title VI ofthe federal act; or (4) anypollutant subject to a standard promulgated under Section 112 or any other requirements established under Section 112 ofthe federal act. 

### 000.**~Re5ponsible official~**  

### means one ofthe following: 

### (1) for a corporation: a

### president, secretary, treasurer, or vice-president ofthe corporation in 

### charge ofaprincipal business function, or any other person who performs similar policy or decision-making functions for the corporation, or aduly authorized representative ofsuch person if

### the representative is responsible for the overall operation ofone or more manufacturing, production, or operating facilities applying for, or subject to apermit and either: (a) the facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or (b) the delegation ofauthority to such representatives is approved in advance by the department; (2) for a partnership or sole proprietorship: a general partner or the proprietor, respectively; (3) 

### for a municipality, state, federal or other public agency: either aprincipal executive officer or ranking elected official; for the purposes of20.11.1 NMAC, aprincipal executive officer ofa federal agency includes the chiefexecutive officer having responsibility for the overall operations ofaprincipal geographic unit of the agency (e.g.• a regional administrator ofEPA); or (4) for an acid rain source: (a) the designated representative (as defined in Section 402(26) ofthe federal act) in so far as actions. staodards, requirements, or prohibitions underTitle IV ofthe federal act or the regulations promulgated 

### thereunder are concerned: and (b) the designated representative for any otherpurposes under 40 CFR Part 70. 

### PPP. "Shutdown" means the cessation ofoperation ofany air pollution control equipment, or process equipment. QQQ. 

### [Reserved] RRR. 

### [Reserved] 

### SSS. "Smoke'" means small gas-borne particles resulting from incomplete combustion, consisting predominantly, but not exclusively, ofcarbon, soot and combustible material. TIT.**~Solid waste~**  

### means garbage; refuse; yard waste; food wastes; plastics; leather; rubber; sludge; and other discarded combustible or noncombustible waste. including solid, liquid, semisolid; or contained gaseous 

### material resulting from industrial, commercial, mining, and agricultural operations, and from community or residential activities, and from waste treatment plants, water supply treatmentplants, or airpollution control 

### facilities; but does not inclUde solid ordissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permitunder Section 402 ofthe Federal Water Pollution Control Act, or source, special nuclear, orbyproduct material as defined by the Atomic Energy Act. UUU. 

### [Reserved] 

### VVV. "Stack, chimney, vent, or duct'" means any conduit orduct emitting particulate or gaseous emissions into the open air. 

### WWW.**~Standard condition5~**  

### means the conditions existing at a temperature of70' F (25' C) 

### and pressure of 14.7 psia (760 mmHg). XXX.**~Standard** 

### cubic**foot~** 

### means a measure ofthe volume ofone cubic foot ofgas at staodard 

### conditions. 

### YYY.**~~Startup'"** 

### means setting into operation any air pollution control equipment, orprocess equipment. ZZZ.**~Stationary 50urce~**  

### means any building, structure. facility or installation, which is either 

### permanent or temporary, excluding aprivate residence, that emits or may emit any regulated airpollutant or any pollutaot listed under Section II2(b) ofthe federal act. the Air Quality Control Act, or the laws and regulations in 

### effect pursuant to the act. Several buildings, structures, facilities, or installations, or any combinations will be treated as a single stationary source ifthey belong to the same industrial grouping, are located on one or more

20.1 1.I 

### NMAC 

### 5contiguous or adjacent properties, and are under the control ofthe same person, or persons, or are under common 

### control. Pollutant-emitting activities shall be treated as the same industrial grouping ifthey have the same fIrst two digits ofan applicable standard industrial classifIcation (SIC) code as described in the standard industrial classifIcation manual, or ifthey have the same fIrst three digits ofan applicable north american industry classification system (NAlCS) code. AAAA. ""Sulfur dioxide" or ""S02" means a pungent, colorless, poisonous gas composed ofmolecules 

### containing a single atom ofsulfur and two atoms ofoxygen with a molecular weight of64.07 g/mole. BBBB.**~Total** 

### reduced sulfur" means any combination ofsulfur compounds, except sulfur dioxide and free sulfur, which lest as reduced sulfur, including, but not limited to, hydrogen sulfIde, methyl mercaptan, and ethyl mercaptan.



### ecce.**~Total** 

### suspended particulate" or**~TSP"** 

### means particulate matter as measured by the method described in 40 CFR Part 50, Appendix B. DODD.**~Vapors"** 

### means the gaseous form ofa substance, which exists in the liquid or solid stale at standard conditions. EEEE. ""Visible emission" means an emission that can be seen because its opacity or optical density is 

### above the threshold ofvision. FFFF. "Volatile organic compounds" or**~VOc"** 

### means any compound ofcarbon, excluding carbon monoxide. carbon dioxide, carbonic acid, metallic carbides or carbonates, and anunonium carbonate, which participates in atmospheric photochemical reactions. 

### (I) VOC includes any such organic compound other than the following, which have been detennined to have negligible photochemical reactivity: methane; ethane; methylene cWoride (dichloromethane); 1,1,1- tricWoroethane (methyl cWoroform); I,I,2-tricWoro-I,2,2-trifluoroethane (CFC-113); tricWorofluoromethane (CFCII); dicWorodifluoromethane (CFC-12); cWorodifluoromethane (HCFC-22); trifluoromethane (HFC-23); 1,2- dicWoro 1,1,2,2-tetrafluoroethane (CFC-114); cWoropentafluoroethane (CFC-II5); 1,1
,I-trifluoro 2,2- dicWoroethane (HCFC-123); 1,1,1,2-tetrafluoroethane (HFC-134a); 1,l-dicWoro I-fluoroethane (HCFC-14Ib); 1- chloro I,l-difluoroethane (HCFC-142b); 2-cWoro-I,I,I,2-tecrafluoroethane (HCFC-124); pentafluoroethane (HCFC-125); 1,I,2,2-tecrafluoroethane (HFC-134); I,1
,I-trifluoroethane (HFC-143a); I,I-difluoroethane (HFC152a): paracWorobenzotrifluoride (PCBTF); cyclic, branched, or linear completely methylated siloxanes; acetone; percWoroethylene (tetracWoroethylene); 3,3-dichloro-I,I,1 ,2,2-pentafluoropropane (HCFC-225ca); 1,3-dichloroI, 1,2,2,3-pentafluoropropane (HCFC-225cb); 1,1,1 ,2,3,4,4,5,5,5-decafluoropentane(HFC 43-IOmee); difluoromethane(HFC-32); ethylfluoride (HFC-161); 1,1,1 ,3,3,3-hexafluoropropane (HFC-236fa); 1,1,2,2,3- pentafluoropropane (HFC-245ca); 1,I,2,3,3-pentafluoropropane (HFC-245ea); I, 1,I,2,3-pentafluoropropane (HFC245eb); 1,1,1 ,3,3-pentafluoropropane (HFC-245fa); 1,I,I,2,3,3-hexafluoropropane (HFC-236ea); 1,1,1,3,3- pentalluorobutane (HFC-365mfc); cWorofluoromethane (HCFC-31); I cWoro-l-fluoroethane (HCFC-I5Ia); 1,2- dicWoro-I,I,2-trilluoroethane (HCFC-123a); 1,I,I,2,2,3,3,4,4-nonalluoro-4-methoxy-butane (C,F,OCH, or HFE7100); 2-(difluoromethoxymethyl)-I,I,I,2,3,3,3-heptafluoropropane «CF,hCFCF,OCH,); I-ethoxy1,I,2,2,3,3,4,4,4-nonafluorobutane (C,F,OC,H, or HFE-7200); 2-(ethoxydifluoromethyl)-l,1,1,2,3,3,3- heptafluoropropane «CF,hCFCF,OC,H,); methyl acetate; 1,I,I,2,2,3,3-heptafluoro-3-methoxy-propane (nC,F,OCH, or HFE-7000); 3-ethoxy-I,I,I,2,3,4,4,5,5,6,6,6-dodecalluoro-2-(trifluoromethyl) hexane (HFE-7500); 1,I,I,2,3,3,3-heptafluoropropane (HFC 227ea); methyl formate (HCOOCH,); 1,I,I,2,2,3,4,5,5,5-decafluoro-3- methoxy-4-trifluoromethyl-pentane (HFE-7300); propylene carbonate; dimethyl carbonate; and perfluorocarbon compounds which fall into these classes: (a) cyclic, branched, or linear, completely fluorinated alkanes; (b) cyclic, branched, or linear, completely fluorinated ethers with no unsaturations; (c) cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and (d) sulfur containing perfluorocarbons with no unsaturations and with sulfurbonds only to carbon and fluorine. (2) Forpurposes ofdetennining compliance with emissions limits, VOC will be measured by the test methods in the approved state implementation plan (SIP) or40 CFR Part 60, Appendix A, as applicable. Where such a method also measures compounds with negligible photochemical reactivity, these negligibility-reactive compounds may be excluded as VOC ifthe amount ofsuch compounds is accurately quantifIed, and such exclusion is approved by the enforcement authority. (3) As 

### a precondition to excluding these compounds as VOC or at any time thereafter, the enforcement authority may require an owneror operator to provide monitoring or testing methods and results



### 20.11.1 NMAC 6

### demonstrating, to the satisfaction ofthe enforcement authority. the amount ofnegligibly-reactive compounds in the 

### source's emissions. (4) Forpurposes offederal enforcement for a specific source, the EPA shall use the test methods specified in the applicable EPA-approved SIP, in apermit issued pursuant to a program approved orpromulgated under Title V ofthe act, orunder40 CFR Part 51, Subpart I or Appendix S, orunder40 CFR Parts 52 or 60. The EPA shall not be bound by any state determination as to appropriate methods for testing or monitoring negligiblyreactive compounds ifsuch determination is not reflected in any ofthe above provisions. (5) The following compound(s) are VOC for purposes ofall recordkeeping. emissions reporting, photochemical dispersion modeling and inventory requirements which apply to VOC and shall be uniquely identified in emission reports, but are not VOC for purposes ofVOC emissions limitations or VOC content requirements: t-butyl acetate. (6) For the purposes ofdetermining compliance with California's aerosol coatings reactivity-based regulation, (as described in the California Code ofRegulations, Title 17, Division J, 

### Chapter I, Subchapter 8.5, 

### Article J), 

### any organic compound in 

### the volatile portion ofan aerosol coating is counted towards 

### that product's reactivity-based lintit. Therefore, the compounds identified in Subsection FFFF of20.11.1.7 NMAC as negligibly reactive and excluded from EPA's definition ofVOCs are to be counted towards a product's reactivity limit for the purposes ofdetermining compliance with California's aerosol coatings reactivity-based regulation. (7) 

### Forthe purposes ofdetermining compliance with EPA's aerosol coatings reactivity based regulation (as described in 40 CFR Part 59

- National Volatile Organic Compound Emission Standards for Consumer and Commercial Products) any organic compound in the volatile portion ofan aerosol coating is counted towards the product's reactivity-based lintit, as provided in 40 CFR Part 59, Subpart E. Therefore, the compounds that are used in aerosol coating products and that are identified in Subsection FFFF of20.11.1.7 NMAC as negligibly reactive and excluded from EPA's definition ofVOC are to be counted towards a product's reactivity limit for the purposes ofdetermining compliance with EPA's aerosol coatings reactivity-based national regulation,

as provided in 40 CFR Part 59, Subpart E. GGGG. l4Measurements, 

### abbreviations. and acronyms" 

### A-BC AQCB-Albuquerque

- Bernalillo county air quality control board ABT-averaging, banking and trading (program) 

### AIRS-aerometric information retrieval system AMPA-Albuquerque meb'Opolitan planning area API-American peb'Oleum institute AQIA-air quality impact assessment AQI-air quality index AQS-air quality services 

### ASE-national institute for automotive service excellence ASTM-American society for testing and materials ATS-allowance tracking system BACT-best available control technology Bbp-brake horsepower Btu-British thermal unit C-Celsius CAA(A)-federal Clean Air 

### Act (Amendments) 

### CEM-continuous emission monitor CFC(s)-chlorofluorocarbon(s) cfb-cubic feet per hour cfm-cubic feet per minute 

### CFR-code offederal regulations CO,-carbon dioxide, 

### CO-carbon monoxide. COG-mid-region council ofgovernments CMAQ-congestion ntitigation and air quality
eu, In.-cubic inch(es) 

### DER-discrete emission reduction DOE-department ofenergy DOT-U.S, department oftransportation DPM-developmentprocess manual

20.1 J.l 

### NMAC 

### 7DRB-development review board EA-environmenlal assessment ERD-environmental health department EI-emission inventory EIS-environmental impact statement EPA-U.S. environmental protection agency EPC-environmental planning commission ERC-emission reduction credit 

### F-Fahrenheit FHWA-federal highway administration, DOT FMVCP-federal motor vehicle control program FR-federal register ft.-feet FTA-federal transit administration, DOT g-gram(s) g/mole-grams per mole gal-U.S. gallon(s) GVW-gross vehicle weight GVWR-gross vehicle weight rating b-hour(s) HAP-hazardous air pollutants HC-hydrocarbon(s) Hg-mercury bp.-horsepower 11M-inspection/maintenance 

### in.-inch(es) ISTEA-lntermodal Surface-Transportation Efficiency Act (see SAFETEA-LU) K-Kelvin kg-kilogram(s) km-kilometer(s) kPa-kilopascal(s) lb.-pound(s) lb/day-pounds per day Ib-ft-pound-feet Ib/br-pounds per hour lb/yr-pounds per year LAER-lowest achievable emission rate 

### LNG-liquelied natural gas LPG-liquefied petroleum gas LRTP-Iong range transportation plan m-meter(s) MACT-maximum achievable control technology max.-maximum MCO-manufacturer's certificate oforigin 

### /lg-microgram J.1g/m.J-microgram per cubic meter 

### mg-milligram(s) mg/m3-milligram per cubic meter 

### mi.-mile(s) min-minute(s) ml-milliliter(s) mm-millimeter(s) MMBtu-million Btu mmHg-millimeters ofmercury 

### mph-miles per hour MPO-metropolitan planning organization

20.11.1 NMAC 8

### MRCOG-mid-region council ofgovernments MSERC-mobile source emission reduction credits MSMTC-mobile source modeling technical committee MTBE-methyl tertiary butyl ether MVD-mOlOr vehicle division MWe-megawatt electrical N,-nitrogen NAAQS-national ambient air quality standards NAMS-national air monitoring station Neare-national core multi-pollutant monitoring 

### network NDIR-NonDispersive InfraRed NEPA-National Environmental Policy Act NESCAUMIMARAMA-northeast states for coordinated air use management/mid-atlantic regional air management 

### association NESHAP-national emission standards for hazardous air pollutants NIST-national institute ofstandards and technology NM-New Mexico NMAC-New Mexico administrative code NMSA-New Mexico statutes annotated NO-nitric oxide NO,-nitrogen dioxide NOx-oxides ofnitrogen No-number NOV-notice ofviolatioD NMHC-non-methane hydrocarbons NSPS-new source performance standards NSR-new source review 

### O,-oxygen 03-ozone 

### OMTR-open market trading rule OTAG-ozone transport assessment group OTe-ozone transport commission 

### Pb-Iead PIC-public involvement committee 

### PM-particulate matter PM,..-particulate matter less than 2.5 microns PMwparticulate matter less than 

### 10 microns ppm-parts per million by volume ppm 

### C-parts per million, carbon PSD-prevention ofsignificant deterioration psi-pounds per square inch 

### psia-pounds per square inch absolute psig-pounds per square inch gauge PTE-potential to emit PWD-pathological waste destructor QF-qualifying facility R-Rankin 

### RACT-reasonably available control technology R&D-research & 

### development RECLAIM-regional clean air incentives market ROG-reactive organic gases rpm-revolutions per minute 

### RTA-regional transit authority RTC-RECLAIM trading credit RVP-reid vapor pressure s-second(s)



### 20.ILl NMAC 9SAE-society ofautomotive engineers SAFETEA-LU-The Safe. Accountable. Flexible. Efficient Transportation Equity Act- A Legacy for Users SBAP-smalI business assistance program scf-standard cubic foot SI-intemational system ofunits SIP-state implementation plan SLAMS-state and local air monitoring station SMOG-SMoke 

### + IDG SO,-sulfur dioxide State DOT-New Mexico department oftransportation STIP-state transportation improvement program Tee-transportation coordinating 

### committee TCM-transportation control measure TES-transportation evaluation study TIP-transportation improvement program TMA-transportation management association tonlyr-tons per year TPTG-transportation program task group lpy-tons per year TSP-total suspended particulate UPWP-unified planning work program UTPPB-urban transportation planning policy board U.S.-United States UV-ultraviolet VE-visible emission(s) YIN-vehicle identification number 

### VMT-vehicle miles traveled VOC-volatile organic compounds VPMD-vehicle polIution management division 

### °/o-percent "-degree(s) [3/21/77

... 11/12/81. 11/21/81,3/16/89, 6/16/92, 2/26/93, 9/23/94, 12/16/94, 12/1/95, 8/1/96; 20.11.1.7 NMAC

- Rn, 20 NMAC 11.01.1.7, 10/1/02; A, 7/1/04; A, 9/14109; A, 1/10/11]

20.11.1 NMAC 10**tl~c.U 'n'l~**  

### STATE PF.J**-111)~** 

### CFHTER


# ZOJO DEC 10 M1l0: 59 NMACTRANSMnTALFORM

12410 NMAC (Sequence #

:1.**rI~u!ng ~ge'r!CY:**  If' -:'. ' "**.~** ....

## -

.2.

### AQencvc'od~'(DFA) "1\.



### ,. 

# .. "

,

### . - .--, '1 Albuquerque-Bernalillo County Air Quality Control Board No. 4233 (Internal Control # Assigned by SRCA 2/8/08)



## ,**L..:..;=:..:L:=~::::.L':':":"":""-'::":""='::"-____________________________-.-J** A. 'Clmtact1P,erson,r

.**~.** 

### ,'17:

Name Neal Butt

E-mail nbutt@cabg.gov 

# I Phone

# #'1**~~~~)** 768- [ FAX 1505-768-2617

No Yes Please listatt;Jchments andInternetsite(s} if applicable 1.

2

Public domain

# D

,16 ':legal'citation.(s):that allQws:the I$Suing.Agencyr.to·'tegulate.andJ:he IssuingAutf71irltyto'promuljJate
re 'ulations,on".this·sub'eCt rovide all that.a j :. '.

. . O' •

- .._ New Mexico Air Quality Control Act, NMSA 1978 Section 74-2-4, 74-2-S,C, the Joint Air Quality Control Board Ordinance, Bernalillo County Ordinance 94-5 Section 4; and the Joint Air Quality Control Board Ordinance Revised Ordinances of Albu uer ue 1994 Section 9-5-1-4.

I 1-7 :Signature"&Title of Issuing Authority (Delegatedauthority'must.be.onfile)

. . .•• t·.**),~.** . ",' '. '. ' •• t • • " t '-r

.

Name:

Title: Mr. Jens Deichmann Checkifdelegated authority

## FILED WITH STATE RECORDS CENTER 

# 2010 DEC lOAM 

# 10: 59

This is an amendment to 20.11.42 NMAC, Sections 7 & 

### 12, effective 1110/11.

20.11.42.7 DEFINITIONS: In addition to the definitions in 20.11.42.7 NMAC, the definitions in 20.11.1 NMAC apply unless there is a conflict between definitions, in which case the definition in 20.11.42 NMAC shall govern. 

### A. "Acid rain source" has the meaning given to "'affected source" in the regulations promulgated under Title IV ofthe federal act, and includes all sources subject to Title IV. B, "Affected programs" means the state ofNew Mexico and Indian tribes and pueblos that are within 50 miles ofIhe source. 

### C. "Air pollutant" means an air pollution agent or combination ofsuch agents, including any physical, chemical, biological, radioactive (including source material, special nuclear material, and byproduct 

### material) substance ormatter, which is emitted into or otherwise, enters the ambientair. Such tenn includes any precursors to the formation ofany air pollutant; to the extent the administrator has identified such precursor or precursors for the purpose for which the term "airpollutant" is used. This excludes water vapor, nitrogen (N,), 

# [0""'." 9i."i9. (CO,),] 

### oxygen (0,)[,

....

### th

....] 

### and ethane. D. "Air pollution control equipment" means any device, equipment, process or combination 

### thereof, the operation ofwhich would limit, capture, reduce, confine, or otherwise control regulated air pollutants or convert for the purposes ofcontrol any regulated air pollutantto another form, another chemical or another physical state. This includes, but is not limited to, sulfur recovery units, acid plants, baghouses, precipitators, scrubbers, cyclones, water sprays, enclosures, catalytic converters, and steam or water injection. 

### E.

..Applicable requirement" means all ofthe following, as they apply to emissions units at a 20.11.42 NMAC source (including requirements that have been promulgated or approved by the board or EPA through rulemaking at the time ofpermit issuance but have future-effective compliance dates): (I) any standard orotherrequirement provided for in the New Mexico state implementation plan approved by EPA, orpromulgated by EPA through rulemaking, underTitle I ofthe federal act to implement the relevant requirements of

### the federal act, including any revisions to that plan promulgated in 40 CFR, Part 52; (2) any term or condition ofany pre-construction permit issued pursuant to regulations approved or promulgated through rulemaking under Title I, including Parts C or D, ofthe federal act, unless that term or condition is determined by the department to be no longerpertinent; (3) any standard orotherrequirement under Section III ofthe federal act, including Section III(d); (4) any standard orotherrequirement under Section 112 ofthe federal act, including any requirement concerning accident prevention under Section 112(r)(7) ofthe federal act; (5) any standard orotherrequirement ofthe acid rain programunder Title IV ofthe federal act or the regulations promulgated thereunder; (6) any requirements established pursuant to Section 504(b) or Section 114(a)(3) ofthe federal act; (7) any standard orotherrequirement under Section I26(a)(I) and (c) ofthe federal act; (8) any standard orotherrequirement governing solid waste incineration under Section 129 ofthe federal act; (9) any standard orother requirement for consumer and commercial products, under Section 183(e) ofthe federal act; (10) any standard orotherrequirement for tank 

### vessels under Section 183(!) ofthe federal act; (11) any standard orotherrequirement ofthe program to 

### control airpollution from outer continental shelfsources, under Section 328 ofthe federal act; (12) any standard orotherrequirement ofthe regulations promulgated to protect stratospheric ozone under Title VI ofthe federal act, unless the administratorhas determined that such requirements need not be contained in a Title V permit; (13) any national ambient air quality standard, or any increment or visibility requirement under Part C ofTitle I ofthe federal act, but only as it would apply to temporary sources permitted pursuant to Section 504(e) ofthe federal act; and (14) any regulation adopted by the board in accordance with thejoint air quality control board ordinances pursuantto the New Mexico 

### Air Quality Control Act, 74-2-5.B NMSA 1978. F. "Department" means the Albuquerque environmental health department or its successor agency


### or authority, as represented by the department director orhis orher designee. G. "Draft permit" means a version ofapermit, for which the depanment offers for public participation under Subsection B of20.11.42.13 NMAC or affected program review under Subsection C of 20.11.42.13 NMAC.

20.11.42 NMACH. "Emission limitation" means a requirement established by EPA, the board, or the department, that limits the quantity, rate or concentration, or combination thereof, ofemissions ofregulated air pollutants on a continuous basis, including any requirements relating to the operation or maintenance ofa source to assure continuous reduction. 

### I.**~Emissions** 

### allowable under the permit" means:
<I) any federally enforceable permit term Or condition determined at issuance to be required by an applicable requirement that establishes an emission limit (including a work practice standard); or (2) any federally enforceable emissions cap that the permittee has assumed to avoid an applicable requirement to which the source would otherwise be subject. 

### J. "Emissions unit" means any part or acti'vity ofa stationary source that emits or has the potential
to emit any regulated air pollutant or any airpollutant listed pursuant to Section 112(b) ofthe federal act. This term is not meant to alter or affect the definition ofthe term "unit" for purposes ofTitle IV ofthe federal act. K. "Federal act" means 

### the federal Clean Air Act. as amended. 42 U.S.C. Section 7401, et seq. L. "Federally enforceable" means all limitations and conditions which are enforceable by the administrator, including those requirements developed pursuant to 40 CFR Parts 60 and 61, requirements within the New Mexico state implementation plan, and any permit requirements established pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Part 51, Subpart I, including 40 CFR 51.165 and 40 CFR 51.166. M. "Final permit" means the version ofan operating permit issued by the department that has met all review requirements ofSection 20.11.42.13 NMAC. 

### N. "Fugitive emissions" are those emissions, which could not reasonably pass through a**stac~** chimney, vent, or other functionally equivalent opening. O. uGeneral permit" means an operating pennit that meets the requirements ofSubsection D of 20.11.42.12 NMAC. P. "Greenhouse gases" or "GHGs" means the air pollutantdefined in 

### § 86.1818-12(a\ ofChapter! ofTitle 40 ofthe CFR, as the aggregate group ofsix greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. 

### [1'01 Q, "Hazardous air pollutant" means an air contaminant that has been classified as a hazardous air pollutant pursuant to the federal act. [Q.] R. "Insignificant activities" means those activities listed by the department and approved by the administrator as insignificant on the basis ofsize, emissions or production rate. [Il.) S. "Major source" means any stationary source (or any group ofstationary sources that are located

on one or more contiguous or adjacent properties, and are under common control ofthe same person(s)) in which all ofthe pollutant emitting activities at such source belong to the same major group (i.e., all have the same two-digit code), as described in the 

### standard industrialclassification manual, 1987, and that is described in paragraphs (I), (2), or (3) below. (I) A major source under Section 112 ofthe federal act, which is defmed as: (a) for pollutants other than radionuclides, any stationary source or group ofstationary sources located within a contiguous area and under common control that emits or has the potential to emit, in the aggregate, 10 tons per year or more ofany hazardous air pollutant which has been listed pursuant to Section 112 (b) ofthe federal act, 25 tons per year or more ofany combination ofsuch hazardous air pollutants, or such lesser quantiry as the administrator may establishby rule; notwithstanding the preceding sentence, emissions from any oil or gas exploration or production well (with its associated equipment) and emissions from any pipeline compressor or pump station shaH not be aggregated with emissions from other similar units, whether or not such units are in a contiguous

area orunder common control, to determine whether such units or stations are major sources; or (b) for radionuclides, "major source" shall have the meaning specified by the administrator by rule. (2) A major stationary source ofair pollutants, as defmed in Section 302 ofthe act, that directly emits

or has the potential to emit, 100 tons per year or more ofany air pollutant subject to regulation (including any major

source offugitive emissions ofany suchpollutant, as determined by rule by the administrator). The fugitive emissions ofa stationary sOurce shall not be considered in detennining whether it is a major stationary source for the purposes ofSection 302(j) ofthe act, unless the source belongs to one ofthe following categories ofstationary

sources: <a) coal cleaning plants (with thennal dryers); (b) kraft pulp mills; (c) portland cement plants; (d) primary zinc smelters;

20. \\.42 NMAC 2

### (e) iron and steel mills; (I) 

### primary aluminum ore reduction plants; (g) primary copper smelters; (h) municipal incinerators capable ofcharging more than 250 tons ofrefuse per day; (i) hydrofluoric, sulfwic, or niuic acid plants; (j) 

### petroleum refineries; (k) lime plants; (I) 

### phosphate rock processing plants; (m) coke oven batteries; (n) sulfurrecovery plants; (0) 

### carbon blackplants (furnace process); (p) 

### primary lead smelters; (q) fuel conversion plant; (r) sintering plants; (s) secondary metal production plants; (t) chemical process plants

- the tenn chemical processing plant shall not include ethanol production facilities that produce ethanol by natural fennentation included in NAICS codes 325193 or 312140; (u) fossil-fuel boilers (or combination thereol) totaling more than 250 million British thermal units per hour heat input; (v) petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; (w) taconite ore processing plants; (x) glass fiber processing plants; (y) charcoal production plants; (z) fossil fuel-fired steam elecuic plants ofmore than 250 million British thermal units per hour heat input; or (aa) any other stationary source category, which as ofAugust 7, 1980, is being regulated under Section III or 112 ofthe federal act. (3) A major stationary source as defmed in PartD ofTitle I ofthe federal act, including: (a) for ozone non-attainment areas, sourceS with the potential to emit 100 tons per year or more 

### ofvolatiIe 

### organic compounds or nitrogen oxides in areas classified as "marginal" or "moderate", 50 tons per year or

more in areas classified as "serious", 25 tons per year or more in areas classified as "severe", and 10 tons per year or


### more in areas classified as "extreme"; except that the references in Paragraph (3) ofSubsection 

### [P.] 

## S of20.11.42.7 NMAC to 100, 50, 25, and 10 tons per year ofnitrogen oxides shall not apply to any source for which the administrator has made a fmding, under Section 182(1)(1) or (2) ofthe federal act, that requirements under Section 182(1) ofthe act do not apply; (b) 

### for ozone transport regions established pursuant to Section 184 ofthe federal act, sources with the potential to emit 50 tons per year or more ofvolatile organic compounds; (c) for carbon monoxide non-attainment areas: (i) that are classified as "serious"; and (ii) in which stationary sources conuibute significantly to carbon monoxide levels as detennined under rules issued by the adntinistrator, sources with the potential to emit 50 tons per year or more of carbon monoxide; and (d) for particulate matter (PM IO) 

### non-attainment areas classified as "serious", sources with the potential to emit 70 tons per year or more ofPM IO• 

### r&J T. "'Operating permit" or "'permit" means any permit or group 

### ofpermits covering a source 

### that is 

### issued, renewed, modified or revised pursuantto 20.11.42 NMAC. ['I'.J 

### U. "Operator" means the person(s) responsible for the overall operation ofa facility. [Y.] 

### V. "Owner" means the person(s) who owns a facility orpart ofa facility. 

### [V. !\,eo_eEl.] 

## w. "'Permit modification" means a revision to an operating perinit that meets the requirements of significant permit modifications, minorpermit modifications, or adminislrative pennit amendments, as defmed in 

### Subsection E of20.11.42.13 NMAC. X. "Permittee" means the owner, operator or responsible official at a permitted 20.11.42 NMAC
source, as identified in any permit application or modification.



### 20.11.42 NMAC 3

### Y. 14Person" includes any individual, partnership, corporation, association, state or political subdivision ofa state, and any agency, department or instrumentality ofthe United States, and any oftheir officers, agents or employees. Z.**~'Potential** 

### to emit" means the maximum capacity ofa stationary source to emit any air pollutant under 

### its physical and operational design. Any physical or operational limitation 

### on the capacity ofasource to emit

an air pollutant, including airpollution control equipment and restrictions on hours ofoperation or on the type or amount ofmaterial combusted, stored, orprocessed, shall be treated as part ofits design ifthe limitation is federally enforceable. The potential 10 

### emit for nitrogen dioxide shall be based on total oxides ofnitrogen. AA, "Proposed permit fl 

### means the version ofapermit that the department proposes to issue and forwards to the administrator forreview in compliance with Subsection C of20.11.42.13 NMAC. RR. "Regulated air pollutantfl 

### means the following: (I) nitrogen oxides, total suspended particulate matter, or any volatile organic compounds; (2) any pollutant for which a national ambient air quality standard has been promulgated; (3) any pollutant that is subject to any standard promulgated under Section III ofthe federal act; (4) any class I or II substance subject to any standard promulgated under or established by Title VI of the federal act; [""] (5) any pollutant subject to a standard promulgated under Section 112 or any other requirements established under Section 112 ofthe federal act, including: (a) any pollutant subject to requirements under Section 112m ofthe federal act; ifthe administrator fails to promulgate a standard by the date established pursuant to Section 112(e) ofthe federal act, any pollutant for which a subject source would be a major source shall be considered to be regulated on the date 18 months after the applicable date established pursuant to Section 112(e) of

### the federal**ac~** 

### and (b) any pollutantfor which the requirements ofSection 112(g)(2) ofthe federal act have been met, but only with respect to the individual source subjectto a Section 112(g)(2) requirement;..QJ: (6) any otherpollutant "subject to regulation" as defined in Subsection II of20. I1.42.7 NMAC. Cc. "Renewalfl 

### means the process by which apermitis reissued at the end ofits term. DD. "Responsible officialfl 

### means one ofthe following: (I) For a corporation: apresident, secretary, treasurer, or vice-president ofthe corporation in charge ofa principal business function, or any otherperson who performs similarpolicy or decision-making functions for the corporation, or a duly authorized representative ofsuch person ifthe representative is responsible for the overall operation ofone ormore manufacturing, production, or operating facilities applying for or subject to apermit and either: (a) the facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or (b) 

### the delegation ofauthority to such representatives is approved in advance by the department. (2) For apartnership or sole proprietorship: a general partner orthe proprietor, respectively. (3) For a municipality, state, federal or otherpublic agency: either aprincipal executive officer or ranking elected official. For the purposes of20.11.42 NMAC, aprincipal executive officer ofa federal agency includes the chiefexecutive officerhaving responsibility for the overall operations ofaprincipal geographic unit of the agency (e.g., a regional administrator ofEPA). (4) For an acid rain source: (a) the designated representative (as defmed in Section 402(26) ofthe federal act) in so far as actions, standards, requirements, orprohibitions underTitle IV ofthe federal act or the regulations promulgated thereunder are concerned; and (b) 

### the designated representative for any otherpurposes under40 CFR, Part 70. EE. "Section 502(b)(IO) changesfl 

### are changes that contravene an express permit term. Such changes do not include changes that would violate applicable requirements or contravene permit terms and conditions that

are monitoring (including test methods), record keeping, reponing, or compliance cenification requirements. FF. "Shutdownfl 

### means the cessation ofoperation ofany airpollution control equipment, process equipment orprocess for any purpose. GG. "Startup" means the setting into operation ofany air pollution control equipment, process equipment orprocess for any purpose. HH. 14Stationary source" or "source" means any building, structure, facility, or installation that emits

or may emit any regulated airpollutant or any pollutant listed under Section 112(b) ofthe federal act.

20.11.42 NMAC 420.11.42.12 

### A. II. "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 40 CFR Chapter 

### I. that requires actual control ofthe quantity ofemissions ofthat pollutant. and that such a control 

### requirement has taken effect and is operative to control. limit or restrict the quantity ofemissions ofthat pollutant released from the regulated activity. Excent that: (I) "Greenhouse gases" (GHGs). shall not be subject to regulation unless as ofJuly 1.20 II the GHG emissions are at a stationary source emitting or having the potential to emit 100.000 toY CO. equivalent 

### emissions. (2) The term "tpy CO, equivalent emissions" (COle) shall represent an amount ofGHGs emitted. and 

### shall be computed by 

### multiplying the mass amount ofemissions (toyl. 

### for each ofthe six greenhouse gases in the pollutant GHGs. by the gas's associated global warming ootential published at Table A-I to Subpart A of40 CFR Part 98. 

### Global Wanning Po/entia/so and summing the resultant value for each to compute a toy C02 e. 

### [HI 

### JJ. "Subsidiary" means a business concern which is owned or controlled by, or is a partner of. the applicant or permittee. [UI KK. "Tille I modification" means any modification under Sections III or 112 ofthe federal act and any physical change or change in method ofoperations that is subject to the pre-construction regulations promulgated under Parts C and D ofthe federal act. [3/1/94

.. .12/1/95; 20.11.42.7 NMAC

- 

### Ro. 20 NMAC 11.42.1.7,10/1102; A. 211103; A, 8/10/09; A, 1/10/1 I]



### PERMIT REQmREMENTS: Permit applications: (I) Duty to apply. For each 20.11.42 NMAC source, the owner or operator shall submit a timely and complete permit application in accordance with 20.11.42 NMAC. (2) TImely application. (a) A timely application is: (i) for first time applications, one that is submitted within 12 months after the source 

### commences operation as a20.11.42 NMAC 

### source, [6£ as estaelisbea iB 

### tfie t:FansitiBB Sehe81:He eUtHMe. iR 

### Suep&Fllgfiljlll (Il), 

### af1'&Fllgfiljl1l (2), afSueseotian A af29.11 042.12**~lJI4."C** 

### aelaw]; (ii) for purposes ofpermitrenewal, one that is submitted at least 12 months prior to the date ofpennit expiration; (iii) for the acid rain portion ofpermit applications for initial phase II acid rain sources under Title IV ofthe federal act, by January I, 1996 for sulfur dioxide, and by January I, 1998 for nitrogen oxides. 

### (b) [TF&Rsitio8 sehedule. 

### A timely 9pfJliearieB 

### fer a2Q.Il.42 

### l>lJ,4AC seuree 'Nhis8 is iB sfJeratieB SB SF sefeR! 

### the etieetive Bate ef2Q.ll.42 

### l>R\f:AC is SBe that is sYBmittee: Ei) within siRmeRtbs Mter 

### the effeeri·

....e Bate fer steFage sfg&8s1ine 

## mSlatisBlWY ssRtaiBers ha'o·ing 

### greaterthEm 4Q,QQg gaUBBS eafJaeity and leaeiBg sfgQBeliBB FFS1B leading raelffi kaviag a Jg 

### day tMeughf'ut gR!ater the 

### 6QQ,QQQ gallens; (ii) '

....ithiB 12 HleBths after the effeetjNe date far ether seurees.] Reserved. (3) Completeness ofapplication. (a) To be deemed complete, an application must provide all information required pursuant to Paragraph (4), ofSubsection A of20.11.42.12 NMAC, except that applications for pennit modifications need supply such information only ifit is related to the proposed change. (b) If, while processing an application, regardless ofwhether 

### it has been determined ordeemed
to be complete, the department determines that additional information is necessary to evaluate or take final action on that application, it may request such information in writing and set a reasonable deadline for a response. (c) Any applicant who fails to submit any relevant facts or who has submitted incorrect information in a permit application or in a supplemental submittal shall, upon becoming aware ofsuch failure or incorrect submittal, promptly submit such supplementary facts or corrected information. In addition, an applicant shall provide further information as necessary to address any requirements that become applicable to the source after the date it filed a complete application but prior to release ofa draft permit. (d) The applicant's ability to operate without a permit, as set forth in Subparagraph (b), of Paragraph (I), ofSubsection B of20.11.42.2 NMAC, shall be in effect from the date a timely application is submitted until the final permit is issued ordisapproved, provided that the applicant adequately submits any requested additional information by the deadline specified by the department. (4) Content ofapplication. Any person seeking a permit under 20.11.42 NMAC shall do so by filing a written application with the department. The applicant shall submit three copies ofthe pennit application, or

20.11.42 NMAC 

### 5more, as requested by the department. 

### An applicant may not omit information needed to determine the applicability of, or to impose, any applicable requirement, or to evaluate the fee amount required under 20.11.2 NMAC, 

### Fees. Fugitive emissions shall be included in the permit application in the same manner as stack emissions, regardless of whether the source category in question is included in the list ofsources contained in the definition ofmajor source. All applications shall: (a) be made on forms furnished by the department, which for the acid rain portions ofpennit applications and compliance plans shall be on nationally-standardized forms to the extent required by regulations promulgated under Title IV ofthe federal act; (b) state the company's name and address (and, ifdifferent, plant name and address), together with the names and addresses ofthe owner(s), responsible official and the operator ofthe source, any subsidiaries or parent companies, the company's state ofincorporation or principal registration to do business and corporate or partnership relationshipto other permittee's subject to 20.11.42 NMAC, and the telephone numbers and names of the owners' agent(s) and the site contact(s) familiar with plant operations; (c) state the date ofthe application; (d) include a description ofthe source's processes and products (by standard industrial classification code) including any associated with alternative scenarios identified by the applicant, and a map, such

as the 7.5 minute topographic quadrangle map published by the United States geological surveyor the mostdetailed map available showing the exact location ofthe source; the location shall be identified by latitude and longitude or by UTM coordinates; (e) for all emissions ofall air pollutants for which the source is major and all emissions of regulated air pollutants, provide all emissions information, calculations and computations for the source and for each emissions unit, except for insignificant activities (as defined in Subsection [Q] R of20.11.42.7 NMAC); this shall include: (i) a process flow sheet ofall components ofthe facility which would be involved in 

### routine operations and emissions; (ii) identification and description ofall emission points in sufficient detail to establish the basis for fees and applicability ofrequirements ofthe state and federal acts; (iii) emissions rates in tons per year, pounds per hour and other terms necessary to establish compliance consistent with the applicable standard reference test method; (iv) specific information such as that regarding fuels, fuet use, raw materials, or production rates, to the extent it is needed to determine orregulate emissions; (v) identification and full description, including all calculations and the basis for all 

### control efficiencies presented, ofair pollution control equipmentand compliance monitoring devices or activities; (vi) the maximum and standard operating schedules ofthe source, as well as any work practice standards or limitations on source operation which affect emissions ofregulated pollutants; (vii) an operational plan defining the measures to be taken to mitigate source emissions during startups, shutdowns and emergencies; (viii) otherrelevant information as the department may reasonably require or which are required by any applicable requirements (including information related to stack height limitations developed pursuant to Section 123 ofthe federal act); and (ix) for each alternative operating scenario identified by the applicant, all ofthe information required in Items (i) through (viii) above, as well as additional information determined to be necessary by the department to define such alternative operating scenarios; (I) provide a list ofinsignificant activities (as defined in Subsection [Q] R of20.11.42.7 NMAC) at the source, their emissions, to the extent required by the department, and any information necessary to determine applicable requirements; (g) provide a citation and description ofall applicable air pollution control requirements, including: (i) sufficientinformation related to the emissions ofregulated air pollutants to verify the requirements that are applicable to the source; and (ii) a description oforreference to any applicable test method for determining compliance with each applicable requirement; (h) provide an explanation ofany proposed exemptions from otherwise applicable 

### requirements;

20.11.42 NMAC 6

### (i) provide other specific information that may be necessary to implement and enforce other requirements ofthe state or federal acts or to determine the applicability ofsuch requirements, including information necessary to collect any fees owed under 20.11.2 NMAC, Fees; (j) 

### for applications which: (i) 

### are required pursuant to the transition schedule in Subparagraph (b), ofParagraph (2), ofSubsection A of20.11.42.12 NMAC; or (ii) for subsequent applications or modifications, where emissions or anticipated emissions have increased since modeling for a modification or new source construction was reviewed under 

### 20.11.41 NMAC or20.11.42 NMAC: submit a dispersion modeling analysis, using EPA approved models and procedures, showing whether emissions from the source would cause air pollutant concentrations in excess ofany New Mexico ambient air quality standard for nitrogen oxides, sulfur oxides, total suspended particulates or non

### methane hydrocarbons, or any national ambient air quality standard; air pollutants that are not emitted in significant amounts (as defmed in 40 CFR 52.2I(b)(23)(i» during routine operations need not be modeled; the department may waive modeling with respect to ozone ifthe depanment determines that emissions from the source are not likely to

cause ozone concentrations in excess ofthe national ambient air quality standard; 

### (k) provide certification ofcompliance, including: (i) a certification, by a responsible official consistent with Paragraph (5), ofSubsection A of20.11.42.12 NMAC ofthe source's compliance status for each applicable requirement; (ii) a statement ofmethods used for determining compliance, including a description of monitoring, record keeping, and reporting requirements and test methods; (iii) a statement that the source will continue to be in compliance with applicable requirements for which it is in compliance, and will, in a timelymarmer or at such schedule expressly required by the applicable requirement, meet additional applicable requirements that become effective during the permit term; (iv) a schedule for submission ofcompliance certifications during the permit term, to be submitted nO less frequently than armually, or more frequently ifspecified by the underlying applicable requirement

orby the department; and (v) a statement indicating the source's 

### compliance status with any enhanced 

### monitoring and compliance certification requirements ofthe federal act; (I) 

### for sources that are not in compliance with all applicable requirements at the time ofpermit application, provide a compliance plan that contains: (i) 

### a description ofthe compliance status ofthe source with respect to all applicable requirements; 

### (ii) a narrative description ofhow the source will achieve compliance with such requirements for which it is not in compliance; (iii) a schedule ofremedial measures, including an enforceable sequence ofactions with milestones, leading to compliance with such applicable requirements; the schedule ofcompliance shall be at least as stringent as that contained in any consent decree or administrative order to which the source is subject. and the 

### obligations ofany consent decree or administrative order shall not be in any way diminished by the schedule of compliance; any such schedule ofcompliance shall be supplemental to, and shall not prohibit the department from taking any enforcement action for noncompliance with, the applicable requirements on which it is based; (iv) a schedule for submission ofcertifiedprogress reports no less frequently than 

### every six months; and 

### (v) for the portion ofeach acid rain source subject to the acid rain provisions ofTitle IV ofthe federal act, the compliance plan contentrequirements specified in this paragraph, except as specifically superseded by regulations promulgated under Title IV ofthe federal act with regard to the schedule and method(s) the source will use to achieve compliance with the acid rain emissions limitations. 

### (5) Certification. Any document, including any application form, report, or compliance certification, submitted pursuant to 20.1 \.42 NMAC shall contain certification by a responsible official oftruth, accuracy, and completeness. This certification and any other certification required under this regulation shall state that, based on infonnation and belieffonned after reasonable inquiry. the statements and information in the document are true, accurate, and complete. 

### B. Confidential information protection: (I) 

### All confidentiality claims made regarding material submitted to the department under 20.11.42 NMAC shall be reviewed in accordance with the provisions ofthejoint air quality control board ordinances pursuant to the New Mexico Air Quality Control Act Section 74-2-11 NMSA 1978 and the New Mexico Inspection ofPublic Records Act, Section 14-2-1, et seq. NMSA 1978.

20.11.42 NMAC 7

### federal act. 

### C- (I) 

### (2) In the case where an applicant orpermittee has submitted information to the department under a claim ofconfidentiality, the department may also require the applicant orpermittee to submit a copy ofsuch information directly to the administrator. (3) An 

### operating permit is a public record, and not entitled to protection under Section 114(c) ofthe

Permit content: Permit condition., (a) The department shall specify conditions upon a permit, including emission limitations and sufficient operational requirements and limitations, to assure compliance with all applicable requirements at the time ofpermit issuance or as specified in the approved schedule ofcompliance. The permit shall: (i) for major sources, include all applicable requirements for all relevant emissions units 

### in the major source; (ti) 

### for any non-major source subject to Section 20.11.42.2 NMAC, include all applicable requirements which apply to emissions units that cause the source to be subjectto 20.11.42 NMAC; (iii) specify and reference the origin ofand authority for each term or condition, and identify any difference in form as compared to the applicable requirement upon which the term or condition is based; (iv) include a severability clause to ensure the continued validity ofthe various permit requirements in the event ofa challenge to any portions ofthe permit; and (v) include aprovision to ensure that the permittee pays fees to the department consistent with the fee schedule in 20.11.2 NMAC, 

### Fees; (vi) for purposes ofthe permit shield, identify any requirement specifically identified in the application or significantpermit modification that the department has determined is not applicable to the source, and state the basis for any such determination. (b) 

### Each permit issued shall, additionally, include provisions stating that: (i) the permittee shall comply with all terms and conditions ofthe permit; anypermit noncompliance is grounds for enforcement action; in addition, noncompliance 

### with federally enforceable permit conditions constitutes aviolation ofthe federal act; (ii) it shall not be a defense for apermittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in orderto maintain compliance with the conditions ofthe permit; 

### (iii) the permit may be modified, reopened and revised, revoked and reissued, or terminated for cause in accordance with Subsection F of20.11.42.13 NMAC; (iv) the filing ofa request by the permittee for apermit modification, revocation and 

### reissuance, or termination, or ofanotification ofplanned changes oranticipated noncompliance shall not stay any pennit condition; 

### (v) the permit does not convey anyproperty rights ofany sort, or any exclusive privilege; (vi) within the period specified by the**departmen~** 

### the permittee shall furnish any information that the department may request in writing to determine whether cause exists for reopening and revising, revoking and reissuing, or termination ofthe permit or to detennine compliance with the pennit; upon request, the permittee shall also furnish to the department copies ofrecords required by the permit to be maintained. (c) The terms and conditions for all alternative operating scenarios identified in the application and approved by the department: (i) shall require that the permittee maintain a log at the permitted facility which documents, contemporaneously with any change from one operating scenario to another, the scenario under which the facility is operating; and (ii) shall, for each such alternative scenario, meet all applicable requirements and the requirements of20.11.42 NMAC. (d) The department may impose conditions regulating emissions during startup and shutdown. (e) All permit terms and conditions which are required under the federal act orunder any ofits applicable requirements, including anyprovisions designed to lintit a source's potential to emit, are enforceable by the administrator and 

### citizens under the federal act. The permit shall specificallydesignate as not being federally enforceable under the federal act any terms or conditions included in the permitthat are not required under the federal act orunder any ofits applicable requirements. (I) 

### The issuance ofa permit, or the filing or approval ofacompliance plan, does not relieve any person from civil or criminal liability for failure to comply with the provisions ofthe Air Quality Control Act, the

20.11.42 NMAC 8(g) The department may include part or all ofthe contents ofthe application as terms and conditions ofthe permit or pennit modification. The department shall not apply permit terms and conditions upon emissions ofregulated pollutants for which there are no applicable requirements, unless the source is major for that pollutant. (h) Fugitive emissions from a source shall be included in the operating permit in the same


### manner as stack emissions, regardless ofwhether the source category in question is included in 

### the list ofsources contained in the definition ofmajor source. (i) The acid rain portion ofoperating permits for acid rain sources shall: (i) stale that, where an applicable requirement ofthe federal act is more stringent than an applicable requirement ofregulations promulgated under Title IV ofthe federal act, both provisions shall be incorporated into the permit and shall be enforceable by the administrator; (ii) contain a permit condition prohibiting emissions exceeding any allowances that the acid rain source lawfully holds under Title IV ofthe federal act or the regulations promulgated thereunder; no permit modification under this regulation shall be required for increases in emissions that are authorized by 

### allowances acquired pursuant to the acid rain program. provided that such increases do not require apennit modification under any other applicable requirement; no limit shall be placed on the number ofallowances held by 

### the acid rain 

### source; the permittee may notuse allowances as adefense to noncompliance with 

### any other applicable requirement; any such allowance shall be accounted for according to the procedures established in regulations promulgated under Title IV ofthe federal act. (2) 

### Permit duration. The department shall issue operating permits for a fixed term not to exceed federal act, federal regulations thereunder, any applicable regulations ofthe board. and any other applicable law or regulation,

five years. (3) 

### Monitoring. (a) Each permit shall contain all emissions monitoring requirements, and analysis procedures or test methods. required to assure and verify compliance with the terms and conditions ofthe permit and applicable requirements. including any procedures and methods promulgated by the administrator. (b) Where the applicable requirement does not require periodic testing or instrumental or noninstrumental monitoring (which may consist ofrecord keeping designed to serve as monitoring), the permit shall require periodic monitoring sufficient to yield reliable data from the relevant time period that are representative of the source's compliance with the permit, as reported pursuant to Paragraph (5), ofSubsection C of20.11.42.12 NMAC. Such monitoring requirements shall assure use ofterms, test methods, units, averaging periods, and other statistical conventions consistent with the applicable requirement. (c) The permit shall also contain specific requirements concerning the use, maintenance, and, when appropriate, installation ofmonitoring equipment or methods. (4) 

### Record keeping. (a) The permit shall require record keeping sufficient to assure and verify compliance with the terms and conditions ofthe permit, including: (i) the date, place as dermed in the permit, and time ofsampling or measurements; (ii) the date(s) analyses were performed; (iii) the company or entity that performed the analyses; (iv) the analytical techniques or methods used; (v) the result. ofsuch analyses; and (vi) the operating conditions existing at the time ofsampling or measurement. (b) Records ofall monitoring data and support information shall be retained for a period ofat least five years from the date ofthe monitoring sample, measurement, report, or application. Supporting information includes all calibration and maintenance records and all original strip-chart recordings for continuous monitoring instrumentation, and copies ofall reports required by the permit. (5) 

### Reporting. The permit shall require reporting sufficient to assure and verify compliance with the terms and conditions ofthe permit and all applicable requirements, including: (a) submittal ofreports ofany required monitoring at least every six months; the reports shall be due to the department within45 days ofthe end ofthe pennittee's reporting period; all instances ofdeviations from permitrequirements, including emergencies, must be clearly identified in such reports; all required reports must be certified by a responsible official consistent withParagraph (5), ofSubsection A of20.11.42.12 NMAC; (b) prompt reporting ofall deviations (including emergencies) from pennit requirements. including the date, time, duration and probable cause ofsuch deviations. the quantity and pollutant type ofexcess

20.11.42 NMAC 

### 9emissions resulting from the deviation, and any corrective actions or preventive measures taken; such reports shall 

### include telephone, verbal, e-mail or facsimile communication within 24 hours ofthe start ofthe next business day and written notification within 10 days; (c) submittal ofcompliance certificationreports at least every 12 months (or more frequently if

so specified by an applicable requirement) certifying the source's compliance status with all permit terms and conditions and all applicable requirements relevant to the source, including those related to emission limitations or 

### work practices; the reports shall be due to the department within 30 days ofthe end ofthe pennittee's reporting period; such compliance certifications shall be submitted to the administrator as well as to the department and shall include: (i) the identification ofeach term or condition ofthe permit that is the basis ofthe certification; 

### (ii) the compliance status ofthe source; (iii) whether compliance was continuous or intermittent; (iv) the method(s) used for determining the compliance status ofthe source, currently and during the reporting period identified in the permit; and (v) such other facts as the department may require to determine the compliance status of the source; 

### (d) such additional provisions as may be specified by the administrator to determine the compliance status ofthe sourCe. (6) 

### Compliance. To assure and verify compliance with the terms and conditions ofthe permit and with 20.11.42 NMAC, permits shall also: (a) require that, upon presentation ofcredentials and other documents as maybe required by law, the permittee shall allow authorized representatives ofthe department to perform the following: (i) enter upon the permittee's premises where a sourCe is located or emission related 

### activity is conducted, or where records mustbe kept under the conditions ofthe permit; (ii) have access to and copy any records that mustbe kept under the conditions ofthe permit; 

### (iii) inspect any facilities, equipment (including monitoring and air

### pollution control equipment), practices, or operations regulated orrequiredunder the permit; and (iv) sample or monitor any substances orparameters for the purpose ofassuring compliance with the pennit or applicable requirements or as otherwise authorized by the federal act; (b) require that sources required under Subparagraph (k), ofParagraph (4), ofSubsection A of 20.11.42.12 NMAC to have a schedule ofcompliance submitprogress reports to the department at least semiannually, or more frequently ifspecifIed in the applicable requirement orby the department; such progress reports shall be consistent with the schedule ofcompliance and requirements ofSubparagraph (k), ofParagraph (4), ofSubsection A of20.11.42.12 NMAC, and shall contain: (i) dates for achieving the activities, milestones, or compliance required in the schedule ofcompliance, and dates when such activities, milestones or compliance were achieved; and 

### (ii) an explanation ofwhy any dates in the schedule ofcompliance were not or will not be met, and any preventive or corrective measures adopted; 

### (c) include such otherprovisions as the department may require. (7) Operational 

### flexibility. (a) Section S02(b)(lO) changes. (i) The permittee may make Section 502(b)( 10) 

### changes, as defined in 

### Section 20.11.42.7 NMAC, without applying for apennitmodification, ifthose changes are not Title I 

### modifications and the changes do not cause the facility to exceed the emissions allowable under the permit (whetherexpressed as a rate of emissions or 

### in tenns oftotal emissions). 

### (ii) Foreach such change, the permittee shall provide written notification to the department and the administrator at least seven days in advance ofthe proposed changes. Such notification shall include a briefdescription ofthe change within the permitted facility, the date on which the change will occur, any change in emissions, and any permitterm orcondition that is no longer applicable as a result ofthe change. (iii) The permittee and department shall attacheach such notice to 

### their copy ofthe relevantpermit. (iv) Ifthe written notification and the change qualify under this provision, the permittee is notrequired to comply with the permit terms and conditions ithas identified that restrict the change. Ifthe change does not qualify under this provision, the original terms ofthe permitremain fully enforceable.

20.11.42 NMAC 10

# • (b) Emissions trading witbin a facility. (i) The department shall. ifan applicant requests it, issue pennits that contain tenns and conditions allowing for the trading ofemissions increases and decreases in the permitted facility solely for the purpose ofcomplying with a federally-enforceable emissions cap that is established in the penni! in addition to any applicable requirements. Such tenns and conditions sball include all terms and conditions required under Subsection C of20.11.42.12 NMAC to detennine compliance. Ifapplicable requirements apply to the requested emissions trading, pennit conditions sball be issued only to the extent that the applicable requirements provide for trading such increases and decreases without a case-by-case approval. (ii) The applicant shall include in the application proposed replicable procedures and permit tenns that ensure the emissions trades are quantifiable and enforceable. The department shall not include in the emissions trading provisions any emissions units for which emissions are not quantifiable or for which there are
no replicable procedures to enforce the emissions trades. The permit shall require compliance with all applicable requirements. (iii) Foreach such change, the permittee shall provide written notification to the department and the administrator at least seven days in advance ofthe proposed changes. Such notification shall state when the change will occur and shall describe the changes in emissions that will result and how these increases and decreases in emissions will comply with the tenns and conditions ofthe permit. (iv) The permittee and department shall attach each sucb notice to their copy ofthe

such cbanges are not subject to permit modification procedures under Subsection E such changes are not subject to any requirements under Title 

### IV ofthe federal act and relevant permit. (8) 

### Off-permit changes. (a) Permittees are allowed to make, without a permitmodification, changes that are not addressed orprohibitedby the operating permit, if: (i) 

### each such cbange meets all applicable requirements and shall not violate any existing pennit term or condition;(ii)



### are not Title I modifications; (iii) 

### of20.11.42.13 NMAC; and (iv) the permittee provides contemporaneous written notice to the department and EPA ofeacb sucb cbange, except for cbanges that qualify as insignificant activities; such written notice shall describe each such cbange, including the date. any cbange in emissions, pollutants emitted and any applicable requirement that would apply as a result ofthe change. (b) The permittee shall keep a record describing cbanges made at the source that result in emissions ofa regulated air pollutant subject to an applicable requirement, but not otherwise regulated under the permit, and the emissions resulting from those cbanges. 

### (9) Permit sbield, (a) Except as provided in 20.11.42 NMAC, the department shall expressly include in a 20.11.42 NMAC permit a provision stating that compliance with the conditions ofthe permit shall be deemed compliance with any applicable requirements as ofthe date ofpermit issuance, provided that: (i) 

### sucb applicable requirements are included and are specifIcally identifIed in the permit;

or (ii) 

### the department, in acting on the permit application or significantpermit modification, detennines in writing tbat other requirements specifically identified are not applicable to the source, and the permit includes the determination or a concise summary thereof. (b) A 20.1 1.42 NMAC permitthat does not expressly state that apennit shield exists for a specific provision shall be presumed not to provide a shield for that provision. (c) Nothing in 20.11.42.12 NMAC or in any 20.11.42 NMAC permit shall alter or affect the following: (i) 

### the provisions ofSection 303 ofthe federal act- EmergencyPowers, 

### including the authority ofthe administrator under Section 303, or the provisions ofthejoint air quality control board ordinances pursuantto the NewMexico Air 

### Quality Control Act, 74-2-10 NMSA 1978; (ii) the liability ofan owner or operator ofa source for any violation ofapplicable requirements prior to or at the time ofpermit issuance; 

### (iii) the applicable requirements ofthe acid rain program, consistent with Section 408(a) ofthe federal act;

20.11 .42 NMAC II

# •
(iv) the ability ofEPA to obtain information from a source pursuant to Section 114 ofthe federal act, or the department to obtain information in accordance with thejoint air quality control board ordinances pursuant to the New Mexico Air Quality Control Act 74-2-13 NMSA 1978. (d) The permit shield shall remain in effect ifthe permit terms and conditions are extended past the expiration date ofthe permit pursuant to Paragraph (4), ofSubsection A of20.11.42.13 NMAC. (e) The permit shield may extend to terms and conditions that allow emission increases and decreases as part ofemissions trading within a facility pursuant to Subparagraph (b), ofParagraph (7), ofSubsection C of20.1 1.42.12 NMAC. and to all terms and conditions under each operating scenario included pursuantlo Subparagraph (e), ofParagraph (I), ofSubsection C of20.11.42.12 NMAC. (f) The permit shield shall not extend to 

### administrativepennit amendments under Paragraph (I), ofSubsection E of20.11.42.13 NMAC, to 

### minorpennitmodifications underParagraph (2), ofSubsection E of 20.11.42.12 NMAC, to 

### section 502(b)(10) changes under Subparagraph (a), ofParagraph (7) ofSubsection C of 20.11.42.12 NMAC, or to permit terms or conditions for which notice has been given to reopen orrevoke all or part under Subsection F of20.11.42.13 NMAC. D, General permits: (I) Issuance ofgeneral permits. (a) The department may, after notice and opportunity for public participation and EPA and 

### affected program review, issue ageneral pennit covering numerous similar sources. Such sources shall be generally homogenous in terms ofoperations, processes and emissions, subject to the same or substantially similar requirements, and not subject to case-by-case standards orrequirements. (b) Any general permit shall comply with all requirements applicable to other operating permits and shall identify criteria by which sources may qualify for the general permit. (2) Authorization to operate under a general permit. (a) The owner or operator ofa 20.11.42 NMAC source which qualifies for a general permit 

### must: (i) apply to the department for coverage under the terms ofthe general permit; (ii) apply for an operating permit consistent with Subsection A of20.11.42.12 NMAC. (b) The department may, in the general permit, provide for applications which deviate from the requirements ofParagraph (4), ofSubsection A of20.1 1.42.12 NMAC, provided that such applications meet the requirements ofthe federal act and include all information necessary to determine qualification for, and to assure compliance with, the general permit. The department shall review the application for authorization to operate under

a general permit for completeness within 30 days after its receipt ofthe application. (c) The department shall authorize qualifying sources which apply for coverage under the general permit to operate under the terms and conditions ofthe general permit. The department shall take fmal action on a general permit authorization request within 90 days ofdeeming the application complete. (d) The department may grant a request for authorization to operate under a general permit without repeating the public participation procedures required under Subseetion B of20.11.42.13 NMAC. Such an authorization shall not be a permitting action for purpOses ofadministrative review under thejoint airquality control board ordinances pursuant to the New Mexico 

### Air Quality Control Act Section 74-2-7.H NMSA 1978. (e) Authorization to operate under a general permit shall not be granted for acid rain sources unless provided for in regulations promulgated under Title IV ofthe federal act. (f) The permittee shall be subject to enforcement action for operation without an operating permit ifthe source is later determined not to qualify for the conditions and terms ofthe general permit. E. Emergeney provision: (I) An "emergency" means any situation arising from sudden and reasonably unforeseeable events beyond the control ofthe permittee, including acts ofGod, which situationrequires immediate corrective action to 

### restore normal operation. and 

### that causes the source to exceed atechnology-based emission limitation under the permit due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include 

### noncompliance to the extent caused by improperly designed equipment, lack ofpreventive maintenance, or careless

or improper operation. (2) 

### An emergency constitutes an afftrrnative defense to an action brought for noncompliance with such technology-based emission limitations ifthe permittee has demonstrated through properly signed, 

### contemporaneous operating logs, orother relevant evidence that: (a) an emergency occurred and that the permittee can identify the causers) ofthe emergency; (b) the permitted facility was at the time being properly operated;

20.11.42 NMAC 12

### (c) during the period ofthe emergency the permittee took all reasonable steps to minimize 

### levels ofemissions that exceeded the emission standards or other requirements in the pennit; and (d) the permittee fulfilled notification requirements under Subparagraph (b), ofParagraph (5), ofSubsection C of20.11.42.12 NMAC; this notice must contain a description ofthe emergency, any steps taken to mitigate emissions, and corrective actions taken. 

### (3) In any enforcementproceeding, the permittee seeking to establish the occurrence ofan emergency has the burden ofproof. (4) This provision is in addition to any emergency orupset provision contained in 

### any applicable requirement, exceptthat 20.1l.42 NMAC sources shall not be subject to the provisions of20.11.90.12 NMAC for permit terms and conditions issued under 20.11.42 NMAC. [3/1/94

... 12/1/95; 20.11.42.12 NMAC

- Rn, 

### 20 NMAC 11.42.1.12 & 

### Repealed, 10/1/02; Rn, 20 NMAC 11.42.lI.l, 10/1/02; A, 8/10/09; A, 1/10/11]

20.11.42 NMAC 

### 13

## 2010 DEC I 0**~"IO:** 

## 59 NMAC TRANSMITTAL FORM

12410 NMAC (Sequence #**:J.,;~'':lsSuit:fg** AgeriGY' "-",

-. ,,' 'J ,.'

. "

, 

# -

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# . 

# . 1..2. IAQencv.'CodeJDFAl

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### , Albuquerque-Bernalillo County Air Quality Control Board No. <12.33 (Internal Control # Assigned by SRCA 2/8/08)**~""",** 

# .. ": c/o Environmental Health Department, Air Quality Division P.O. Box 1293, One Civic Plaza NW Albuquerque, NM 87103

4.**,~C.ontact'Person** 

# ..

# - I , 

# .- 

# - --,

.. .t' 0 

# .. '

. 

# '.-

-1
" Name Neal Butt Ph # 

## I (505) 768- 

## I FAX 1505-768-2617 one 2660
E-mail nbutl@cabg.qov I



# NoD 

# YesD Iis. ,.If

### materials~re;attacheci,.has,copYright.permisSion

### ·been~recei.ved? .
Public domain

# D 2 1. PleaSe listatblchments andInternetsite(s) if applicable Amendment

7 / 28 

# 7 10

Yes 

### No New 

# D

New Mexico Air Quality Control Act, NMSA 1978 Section 74-2-4, 74-2-5.C, the Joint Air Quality Control Board Ordinance, Bernalillo County Ordinance 94-5 Section 4; and the Joint Air Quality Control Board Ordinance Revised Ordinances of Albu uer ue 1994 Section 9-5-1-4. 1"6**.).eg'al:Cl~tion(s) th~t** **aJlOWs:the,.I.u~Ing..Age!JGYloireg~lateand~the..xssujrigrli1uthoritY..~·'p'r;o~~I~!=e** 

## r.e ulations**on~thisl5Ub·ect.** r.ovide all that'a I : -.'

.

:17 SignatUr:e &Title of.ISsuing Authority (Delegatedauthoritymust'be on file)

• • I '..
,_ .. ...... .•• ,"
, .' ••

_ • • •

...

Name:

Title: Mr. Jens Deichmann Checkif delegated authority

## FILED WITH STATE RECORDS CENTER 

# 21110 DEC 

# 10 M1 

# 10: S9

This is an amendment to 20.11.61 NMAC, Sections 6, 7, 11, 12, 20 and 27, effective 1110111.

20.11.61.6 OBJECTIVE: [Th" aDj".Ii',-e af2G.ll.61**~IMAC** 

### is] To minimize air pollutant emissions from



### new major stationary sources ormajormodifications in 

### areas classified as in 

### attainment ofthe national ambient air quality standards or determined to be unc1assifiable pursuant to Section l07(d) ofthe act. 

### [20.11.61.6 NMAC

- Rp, 20.11.61.6 NMAC, 1/23/06; A, 1/10/11]

20.11.61.7 DEFINITIONS: In addition to the definitions in 20.11.61 NMAC, the definitions in 20. Il.l 

### NMAC. 

### General Provisions, shall apply unless there is a conflict between definitions, in which case the dermition in 20.11.61 NMAC shall govern. A. "Act" means the fedeml Clean Air 

### Act, as amended, 42 U. S. C. Sections 740I et seq. 

### B. "Actual emissions" means the actual rate ofemissions ofaregulated new source review pollutant from an emissions unit, as determined in accordance with Paragmphs (2) through (4) ofSubsection B of20.11.61.7 NMAC. (I) 

### 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 [W]VV of20.11.61.7 NMAC shall apply for those purposes. (2) In 

### geneml, actual emissions as ofa particular date shall equal the avemge mte, in tons per year, at which the unit actually emitted the pollutant during a consecutive 24-month period which precedes the particular date and which is representative ofnormal source opemtion. The department shall allow the use ofa different time period upon a determination that it is more representative ofnormal source opemtion. Actual emissions shall be calculated using the unit's actual opemting hours, production rates, and types ofmaterials processed, stored, or combusted during the selected time period. (3) The department may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions ofthe unit. (4) For any emissions unit that has not begun normal operations on the particular date, actual emissions shall equal the potential to emit ofthe unit on that date. 

## e. "Administrator" means the administratorofthe U.S. environmental protection agency (EPA) or
an authorized representative. D. "Adverse impact on visibility" means visibility impairment which interferes with the management, protection, preservation, or enjoyment ofthe visitor's visual experience ofthe federal class I area. This determination must be made on a case-by-case basis taking into account the geogmphic extent, intensity, duration, frequency, and time ofthe visibility impairments and how these factors correlate with the following: (I) times ofvisitor use ofthe federal class I area; and (2) the frequency and timing ofnatuml conditions tbat reduce visibility. This term does not include effects on integml vistas as defined in 40 CFR 51.301 

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

### maximum rated capacity ofthe source (unless the source is subjectto federally enforceable limits which restrict the opemting mte, orhours ofoperation, orboth) and the most stringent ofthe following: (I) the applicable standards as set forth in 40 CFR Parts 60 and 61; (2) the applicable state implementation plan emissions limitation, including those with a future compliance date; or 

### (3) the emissions rate specified as a federally enforceable permit condition, including those with a future compliance date. G. "Associated emission sources" means secondary emissions and all reasonably foreseeable 

### emissions ofregulated pollutants from the growth ofgeneral residential, commercial, industrial, governmental emission sources and other mobile and non-mobile emission sources which are associated with and/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 orimprovements to existing highways and roads to increase capacity, new parking facilities or improvements to existing parking facilities to increase capacity, service 

### enhancements to ground and air public transportation to include the building ofnew public transportation facilities

20.11.61 NMACor improvements to existing public transportation facilities to increase capacity; and the building ofnew public or private educational facilities or improving existing public or private educational facilities to increase enrollment. H. ··Attainment area" means, for any air pollutant. an area which is shown by monitored data or which is calculated by air quality modeling not to exceed any national ambient air quality standard for such pollutant, and is so designated under Section 107(d)(I)(D) or (E) oflhe act. I. "Baseline actual emissions" means the rate ofemissions. 

### in tons per year, ofa regulated new

source review pollutant, as detennined in accordance with Paragraphs (1)-(4) ofSubsection I of20.11.61.7 NMAC. (I) For any existing electric utility steam generating unit, baseline actual emissions means the average rate, in tons per year, at which the unit actually emined the pollutant during any con

..ecutive 24-month period selected by the owner or operator within the five year period immediately preceding when the owner or operatorbegins acrnal construction ofthe project. The depanment shall allow the use ofa different time period upon a detennination that it is more representative ofnormal source operation. (a) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with stanups, shutdowns, and malfunctions. (b) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period. (c) For a regulated new source review pollutant, when a projectinvolves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period can be used for each regulated new source review pollutant. (d) The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for detennining annual emissions, in ton

.. per year, and for adjusting this amount ifrequired by Subparagraph (b) ofParagraph (I) ofSubsection I of20.11.61.7 NMAC. (2) Foran 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 owneror operator within the 10 year period immediately preceding either the date the owner oroperatorbegins actual construction ofthe project, or the date a complete permit application is received by the department for a permit required either under 20. 11.61 NMAC or under a plan approved by the administrator, whichever is earlier, except that the 10 year period shall not include any period earlier than November 15,1990. (a) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with stanups, shutdowns, and malfunctions. (b) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period. (c) The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply, had such major stationary source been required to comply with such limitations during the consecutive 24-month period. However, ifan emission limitation is part ofa maximum achievable control technology standard that the administrator proposed orpromulgated under40 CFR Part 63, the baseline actual emissions need only be adjusted ifthe state has taken credit for such emissions reductions in an attainment demonstration or maintenance plan consistent with the requirements of40 CFR 51.165(a)(3)(ii)(G). (d) For aregulated new source review pollutant, when a project involves multiple emissions 

### units. only one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period can be used for each regulated new source review pollutant. (e) The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for detennining annual emissions, in tons per year, and for adjusting this amount ifrequired by Subparagraphs (b) and (c) ofParagraph (2) ofSubsection I of20.11.61.7 NMAC. (3) For a new emissions unit, the ba..o;;eline actual emissions for purposes ofdetermining the emissions increase that will result from the initial construction and operation ofsuch unit shall equal zero; and thereafter, for all other purposes, shall equal the unit's potential to emit. (4) For a PAL for a stationary source, the baseline actual emissions shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in Paragraph (1) ofSubsection I of20.11.61.7 NMAC, for other existing emissions units in accordance with the procedures contained in Paragraph

20.11.61 NMAC 2

### (2) ofSubsection I of20.1 1.61.7 NMAC, and for a new emissions unit in accordance with the procedures contained in Paragraph (3) ofSubsection I of20. I 1.61.7 NMAC. 

### J. 

### W,Baseline area" (I ) Means any intrastate area (and every part thereof) designated as attainment or unclassifiable under Section 107(d)(I) (D) or (E) ofthe act in which the major source or major modification establishing the minor

source baseline date would construct or would have an air quality impact equal to or greater

### than one microgram per cubic meter (I !'glm') (annual average) ofthe pollutant for which the minor source baseline date is established. (2) Area redesignations under Section I07(d)(I) (D) or (E) ofthe actcannot intersect orbe smaller 

### than the area ofimpact ofany major stationary source or major modification which: (a) establishes a minor source baseline date; or (b) is subject to 40 CFR 52.21 orunder regulations approved pursuant to 40 CFR 51.166, and would be constructed in the same state as the state proposing the redesignation; (3) Any baseline area established originally for total suspended particulates (TSP) increments shall remain in effect and shall apply for purposes ofdetermining the amount ofavailable PM" increments, except that such baseline area shall not remain in effect ifthe department rescinds the corresponding minor source baseline date in accordance with Paragraph (3) ofSubsection

# ebb]MM of20.11.61.7 NMAC. 

### K. "'Baseline concentration" means that ambient concentration level that exists in the baseline area at the time ofthe applicable minor source baseline date. (I) 

### A baseline concentration is determined for each pollutant for which a minor source baseline date is established and shall include: (a) the actual emissions representative ofsources in existence on the applicable minor source 

### baseline date, except as provided in Paragraph (2) ofSubsection K of20.1 1.61.7 NMAC; (b) the allowable emissions ofmajor stationary sources that commenced construction before the major source baseline date, but were not in operation by the applicable minor source baseline date. (2) The following will not be included in the baseline concentration and will affect the applicable maximum allowable increasers): (a) actual emissions from any major stationary source on which construction commenced after 

### the major source baseline date; and 

### (b) actual emissions increases and decreases at any stationary source occurring after the minor

source baseline date. L.

. "Begin actual construction" means, in general. the initiation ofphysical onsite construction 

### activities on an emissions 

### unit which are ofapermanentnature. Such activities include, but are not limited to, installation ofbuilding supports and foundations, laying ofunderground pipework and construction ofpermanent storage structures. 

### With respect to a change in method ofoperation, this term refers to those on-site activities. other 

### than preparatory activities which mark the initiation ofthe change. M. "Best available control technology (BACT)" means anemissions limitation (including a visible emission standard) based on the maximum degree ofreduction for each regnlated new source review pollutant which would be emitted from any proposed major stationary source or majormodification, which the director on a case·by-case basis. taking into account energy. environmental, and economic impacts and other costs, detennines is 

### achievable for such source or modification through application ofproduction processes or available methods, systems, and techniques, including fuel cleaning ortreatment or innovative fuel combustion techniques for control 

### ofsuch pollutant. In no event shall application ofbest available control technology result in emissions ofany pollutant which would exceed the emissions allowed by any applicable standard under40 CFR Parts 60 and 61. If the director determines that technological or economic limitations on the application ofmeasurement methodology to a particular emissions unit would make the imposition ofan emissions standard infeasible, a design, equipment, 

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

### N. "Building, structure, facility, or installation" means all ofthe pollutant emining activities which belong to the same industrial grouping, are located on one ormore contiguous or adjacent properties, and are under 

### the control ofthe same person (orpersons undercommon control) except the activities ofany vessel. Pollutantemitting activities shall be considered as part ofthe same industrial grouping ifthey belong to the same "major group" (i.e., which have the same first two-digit code) as described in the standard industrial classification (SIC) manual, 1972, as amended by the 1977 supplement (U. S. government printing office stock numbers 4 I0 I-0066 and 003-005-00176-0, respectively) or any superseding SIC manual.

20.11.61 NMAC 3O.**~Class** I area" means any federal land that is classified or reclassified as "class I" as listed in 20.11.61.25 NMAC. P. ""Commence" as applied to construction ofa major stationary source or major modification,

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

### Q. "Complete" means. in reference to an application for a permit, that the department has determined the application contains all ofthe information necessary for processing the application. Designating an application complete for purposes ofpermitprocessing does not preclude the department from requesting oraccepting any additional information. R.**~Construction"** means any physical change or change in the method ofoperation (including 

### fabrication. erection, installation, demolition, or modification ofan emissions unit) that

### would result in achange in 

### emissions. S. "Continuous emissions monitoring system (CEMS)" means all ofthe equipment that may be required to meet the data acquisition and availability requirements of20.11.61 NMAC. to sample, condition (if applicable), analyze, and provide a record ofemissions on a continuous basis. T.**~Continuous** emissions rate monitoring system (CERMS)" means the total equipment required for the determination and recording ofthe pollutant mass emissions rate (in terms ofmass per unit oftime). U.**~Continuous** parameter monitoring system (CPMS)" means all ofthe equipment necessary to meet the data acquisition and availability requirements of20.11.61 NMAC, to monitor process and control device operational parameters (for example. control device secondary voltages and electric currents) 

### and other information (for example, gas flow rate, 

### 0, or CO, concentrations), and to record average operational parameter value(s) on a 

### continuous basis. V.**~Department"** means the city ofAlbuquerque, environmental health department or its successor agency. W. "Director" means the director ofthe city ofAlbuquerque, environmental health department or the director ofits SUccessor agency. X.**~Electric** utility steam generating unit" means any steam electric generating unit that is constructed for the purpose ofsupplying more than one-third ofits potential electric output capacity and more than 25 megawatts electrical output to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose ofproviding steam to a steam-electric generator thatwould produce electrical energy for sale is also considered in determining the electrical energy output capacity ofthe affected facility. Y. "Emissions unit" means any part ofa stationary sourCe that emits or would have the potential to entit any regulated new source review pollutant and includes an electric utility steam generating unit as defined in 20.11.61.7 NMAC. Forpurposes of20.11.61 NMAC, there are two types ofentissions units as follows: (I) a new emissions unit is any entissions unit that is (or will be) newly constructed and that has existed for less than two years from the date such emissions unit ftrst operated; (2) an existing emissions unit is any emissions unit that does not meet the requirements in Paragraph (I) ofSubsection Y of20.11.61.7 NMAC. A replacement unit is an existing unit. Z. "Federal land manager" means, with respect to any lands in the United States, a federal level cabinet secretary ofa federal level department (e.g. interior department) with authority over such lands. AA, "Federally enforceable" means all limitations and conditions which are enforceable by the administrator, including: (I) 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.**~Greenbouse** gases" or**~GHGs"** means the air pollutant defined in § 86.1818-12(a) ofChapter I ofTitle 40 ofthe CFR, as the aggregate group ofsix greenhouse gases: carbon dioxide nitrous oxide. methane. hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.

20.11.61 NMAC 4

### [(;(;.1 DO. "High**terrain~** 

### means any area having an elevation 900 feet or more above the base ofa source's stack. 1DD.) EE. "Indian governing**body~** 

### means the goveming body ofany tribe. band. or group of Indians subject to thejwisdiction ofthe United States and recognized by the United States as possessing power of 

### self-government. [1;1;,1 FF. "Innovative**controltechnology~** 

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

### 1FF.1 GG. "Low**terrain~** 

### means any area other than 

### high terrain.**[~I** 

### HH. "Lowest achievable emission rate**(LAER)~** 

### means, for any source, the more stringent rate ofemissions based on the following: (I) the most stringent emissions limitation which is contained in the implementation plan ofany state for such class or category ofstationary source, unless the owner or operator ofthe proposed stationary source demonstrates that such limitations are not achievable; or (2) the most stringent emissions limitation which is acbieved 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 ofthis term permit a proposed new or modified stationary source to emit any pollutant in excess ofthe amount allowable under an applicable new source standard ofperformance. 1HH.111. "Major**modification~** 

### (I) Means any pbysical change in or change in the method ofoperation ofa major stationary source that would result in: a significantemissions increase ofa regulated new source review pollutant; and a significant net emissions increase ofthat pollutant from the major stationary source. (2) 

### Any significant emissions increase from any emissions units or net emissions increase at amajor stationary source that is significant for volatile organic compounds or oxides ofnitrogen shall be considered significant for ozone. 

### (3) Aphysical change or change in the method ofoperation shall not include: (a) routine maintenance, repair. and replacement; 

### (b) use ofan alternative fuel orraw material by reaSOn ofan order under Section 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) orby reason ofa natural gas curtailmentplan pursuant to the Federal Power Act; (c) use ofan alternative fuel by reason ofan order orrule under Section 125 ofthe act; (d) use ofan alternative fuel at a steam generating unit to the extent thatthe fuel is generated from municipal solid waste; (e) use ofan alternative fuel orraw material by a stationary source which: (i) the source was capable ofaccommodating before January 6,1975, unless such change would be prohibited under any federally enforceable permit condition which was established afterJannary 6, 1975 pursuant to 40 CFR 52.21 orunderregulations approved pursuant to 40 CFR SubpartI or40 CFR 51.166; or (ii) 

### the source is approved to use under any permitissued under 40 CFR 52.21 orunder regulations approved pursuant to 40 CFR 51.166; (I) 

### an increase in the hours ofoperation or in the production rate, unless such change would be prohibited under any federally enforceable permit condition which was established afterJannary 6, 1975, pursuant to 40 CFR 52.21 or underregulations approved pursuantto 40 CFR SubpartI or40 CFR 51.166; (g) any change in ownership at a stationary source; (h) the installation, operation, cessation, orremoval ofa temporary clean coal technology demonstration project, provided that the projectcomplies with: (i) the state implementation plan for the state in which the projectis located; and (ii) otherrequirements necessary to 

### attain and maintain the national ambient air qualiry standards during the project and after it is terminated; (i) the installation or operation ofa permanentclean coal technology demonstration project that constitutes repowering, provided that the project does not result in an increase in the potential to emit ofany regulated new source review pollutant emitted by the unit; this exemption shall apply on a pollutant-by-pollutant basis; or (j) 

### the reactivation ofa very clean coal-fIred electric utility steam generating unit.

20.11.61 NMAC 5(4) This defmition shall not apply with respect to a particular regulated new source review pollutant when the major stationary source is complying with the requirement., under 20.11.61.20 NMAC for a PAL for that pollutant. Instead, the definition at Paragraph (8) ofSubsection B of20.11.61.20 NMAC shall apply. [D.) 

### JJ. "Major source baseline date" means: (I) in the case ofpaniculate matter and sulfur dioxide, January 6, 1975; and (2) in the case ofnitrogen dioxide, February 8, 1988. 

### IJ.J.) 

### KK. "Major stationary source" (I) means; (a) any stationary source listed in Table I of20.11.61.26 NMAC which emits, or has the potential to emit, 100 tons per year ormore ofany regulated new source review pollutant; (b) notwithstanding the stationary source categories specified in Subparagraph (a) ofParagraph (I) ofSubsection [ll] KK of20.11.61.7 NMAC, any stationary source which emits, or has the potential to emit, 250
tons per year or more ofany regulated new source review pollutant; or (c) any physical change that would occur at a stationary source not otherwise qualifying under Subsection [ll] KK of20.11.61.7 NMAC, as a major stationary source ifthe change would constitute a major stationary source by itself. (2) A major source that is major for volatile organic compounds or oxides ofnitrogen shall be 

### considered major for ozone. (3) The fugitive emissions ofa stationary source shall not be included in determining whether it is a major stationary source, unless the source belongs to one ofthe stationary source categories found in Table I of 20.11.61.26 NMAC or any other stationary source category which, as ofAugust 7, 1980, is being regulated under Section III or 112 ofthe act.**[~]** LL. "Mandatory federal class I area" means any area identified in 40 CFR Part 81, Subpart 

### D. [l.lr.] MM. "Minor source baseline date" means the earliest date after the trigger date on which a major stationary source or majormodification subject to 40 CFR 52.21, or 20.11.61 NMAC, submits a complete application. (1) The trigger dates are: (a) August 7, 1977, for particulate matter and sulfur dioxide; and (b) February 8, 1988 for nitrogen dioxide. (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 orunclassifiable under Section 107(d)(i)(D) or (E) ofthe federal act for the pollutant on the date ofits complete applicationunder40 CFR 52.21 or 20.11.61 NMAC; and (b) in the case ofa major stationary source, the pollutant would be emitted in significant 

### amounts, or in 

### the case ofamajormodification, there would be asignificantnetemissions increase ofthe pollutant. (3) Any minor source baseline date established originally for the TSP increments shall remain in effect and shall apply for purposes ofdetermining the amount ofavailable PM" increments, except that the 

### departmentmay 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. orthe net emissions increase from the major modification, responsible for triggering that date did not result in a significant amount ofPM" emissions. [MM.] NN. "Natural conditions" includes naturally occurring phenomena that reduce visibility as 

### measured in 

### terms ofvisual range, contrastor coloration. (NN-.] 

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

### [oo,J "Net emissions increase" (I) Means, that with respect to any regulated new source review pollutant emitted by a major stationary source, 

### the amount by which the sum ofthe following exceeds zero; (a) the increase in emissions from a panicular physical change or change in the method of operation at a stationary source as calculated pursuant to Subsection D of20.11.61.11 NMAC; and (b) any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are otherwise creditable; baseline actual entissions for calculating increases and decreases shall be determined as provided in Subsection I of20.11.61.7 NMAC, except that

20.11.61 NMAC 6

### Subparagraph (c) ofParagraph (I) 

### and Subparagraph (d) ofParagraph (2) ofSubsection I 000.11.61.7 NMAC shall
not apply. 

### (2) An 

### increase or decrease in 

### actual emissions is contemporaneous 

### with the increase from the particular change only ifit occurs between: (a) the date five yean prior to the commencement ofconstruction On the particular change; 

### and (b) the date that the increase from the particular change occurs. (3) An increase or decrease in actual emissions is creditable only if: (a) it occurs between: (i) the date five years prior to the commencement ofconstruction on the particular change; and (ii) the date that the increase from the particular change occurs; and (b) 

### the department has not relied on it in issuing a permit for the source underregulations approved pursuant to 20.I I.61 NMAC, which permit is in effect when the increase in actual emissions from the particular change occurs. (4) An increase or decrease in actual emissions ofsulfur dioxide, particulate matter, or oxides of nitrogen that occurs before the applicable minor source baseline date is creditable only ifit is required to be considered in calculating the amount ofmaximum allowable increases remaining available. (5) An increase in actual emissions is creditable only to the extent that the new level ofactual emissions exceeds the old level. (6) A decrease in actual emissions is creditable only to the extent that:

. (a) the old level ofactual emissions or the old level ofallowable emissions, whichever is lower, exceeds the new level ofactual emissions; (b) it is enforceable as a practical matter at and after the time that actual construction on the particular change begins; and (c) it has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change; and (7) an increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particularpollutant; any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days. (8) Paragraph (2) ofSubsection B of20.I 1.61.7 NMAC shall not apply for determining creditable 

### increases and decreases. [PP.I 

### QQ, "Nonattainment area" means an area which has been designated under Section 107 of the act as nonattainment for one or more ofthe national ambientairquality standards by EPA. 

### tQQ.) RR. 

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

### SS. "Potential to emit" means the maximum capacity ofa stationary source to emit a pollutantunder its physical and operational design. Any physical or operational limitation on the capacity ofthe

source to emit apollutant, including air pollutant control equipment and restrictions on hours ofoperation or on the type or amount ofmaterial combusted, stored, orprocessed, shall be treated as part ofits design ifthe limitations or the effect the limitation would have on emissions is federally enforceable. Secondary emissions do not count in 

### detennining the potential to emit ofastationary source. 

### tS8.1 IT. "Predictive emissions monitoring system (PEMS)" means all ofthe equipment necessary to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and otherinformation (for example, gas flow rate, 

### 0, or

### CO, concentrations), and calculate and record the mass emissions rate (for example, lblhr) on a continuous hasis. ['1=1'.] UU. "Project" means a physical change in, or change in method ofoperation of, an existing 

### major stationary source. [YY.) 

### VV. "Projected actual emissions" (I) 

### Means the maximum annual rate, 

### in tons per year, at which an existing emissions unit is projected to emit a regulated new source review pollutant in anyone ofthe five years (l2-month period) following the date the unit resumes regular operation after the project, or in anyone ofthe 10 years following that date, ifthe project 

### involves increasing the emissions unit1

### s design capacity or its potential to emit that regulated new source review pollutant, and full utilization ofthe unit would result in a significantemissions increase, or a significant net emissions increase at the major stationary source. (2) In determining the projected actual emissions (before beginning actual construction), the owner or 

### operator ofthe major stationary source:

20.11.61 NMAC 

### 7(al shall consider all relevant information, including but not limited to, historical operational data, the company's own representations, the company's expected business activity and the company's highest projections ofbusiness activity, the company's filings with the state or federal regulatory authorities, and compliance plans under an approved SIP; and (b) shall include fugitive emissions to the extent quantifiable and emissions associated with startups, shutdowns, and malfunctions; and (c) shall exclude, in calculating any increase in emissions that results from the particular project, that portion ofthe unit's emissions following the project that an existing unit could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions under Subsection I 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) may elect to use the emissions unit's potential to emit in tons per year in lieu ofusing the method
set out in Subparagraphs (a)-(c) ofParagraph (2) ofSubsection [WlVV of20.11.61.7 NMAC. [¥¥.] WW, "Regulated new source review pollutant" means the following: (I) any pollutant for which a national ambient air quality standard has been promulgated and any pollutant identified under Paragraph (I) ofSubsection [JAI] WW**of[2Q.II.~I]** 20.11.61.7 NMAC as a constituent

or precursor to such pollutant; precursors identified by the administrator for purposes ofnew source review are the following: (a) volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and unclassifiable areas; (b) sulfur dioxide is a precursor to PM,., in all attainment and unclassifiable areas; (c) nitrogen oxides are presumed to be precursors to PM,., 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 aspecific area are not asignificant contributor to that area's ambient PM 2.5 

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

### ambientPM2.5 

### concentrations; (2) any pollutant that is subject to any standard promulgated under Section III ofthe 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; [0"0",,1 

### that Oft)· or ell hlIi!llF<leHS eir**~ellatan18** oithor lislo<l in Soelien 112 efthe eel er e<l<lo<l Ie Iilo lisl**~urs_Ie** Soolien 112(ll)(2) eftho eol, whieh he'IO nel boon <lolislo<l**~_Ie** Soetien 112(b)(3) eftho eet, are nel rogulelo<lnow seureo ",.ow**~elll1l1m18** lIllios. tho lislo<l hlli!llF<leHS eir**~elllilani** is else rogylelo<l es e oenstimonl er**~roe** ....er efa gonoral**~e1hitanllislo<l** oo<ler Soolien lQ8 eftho eel.] (5) [Rosorvo<l] notwithstanding Paragraphs (]) through (4) ofSubsection WW of20.11.61.7 NMAC, the term "regulated NSR pollutant" shall not include any or all hazardous airpollutants either listed in Section 112 ofthe act, or added to the list pursuant to Section 112(bj(2) ofthe act, and which have not been delisted pursuant to Section 112(b)(3) ofthe act. unless the listed hazardous airpollutant is also regulated as a constituent or precursor of

a general polluiant listed under Section 108 ofthe act. (6) particulate matter (PM) emissions, PM,.l emissions, and PM" emissions shall include gaseous emissions from a source or activity which condense to fonn particulate matter at ambient temperatures; on or after January I, 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, PM,., and PM" in PSD permits; compliance with emissions limitations for PM, PM,.l and PM" issued prior to this date shall not be based on condensable particulate matter unless required by the terms and conditions ofthe permit or the applicable implementation plan; applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation of20.11.61 NMAC unless the applicable implementation plan required condensable particulate matter to be included. [ww.] XX, "Replacement unit" means an emission unit for which all ofthe following criteria are met. No creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced. (I) The emissions unit is a reconstructed unit within the meaning of40 CFR 60.15(b)(I), or the emissions unit completely takes the place ofan existing emissions unit.

20.11.61 NMAC 8

### (2) The emissions unit is identical to or functionally equivalent to the replaced emissions unit. (3) The replacement unit does not change the basic design parameter(s) ofthe process unit. (4) The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, orpermanently 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 ofthe construction or operation ofa major stationary source or major modification, but do not come from the major stationary source or majormodification itself. For the purpose of20.11.61 NMAC, secondaryemissions must 

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

or increase its emissions except as a result ofthe construction or operation ofthe 

### major stationary source ormajor 

### modification. Secondary emissions do not include any emissions which come directly from amobile source, such as emissions from the tailpipe ofa motor vehicle, from a train, or from a vessel. 

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

### in 

### reference to anet emissions increase or the potential ofa source to emit a regulated new 

### source review pollutant that Paragraph (I) 

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

### ofSubsection [¥¥] ZZ of20.1 1.61.7 NMAC, any emissions rate


### or any netemissions increase associated with amajor stationary source ormajormodification, which would
construct within 10 kilometers ofa class I area, and have an impact on such area equal to or greater than I lIg/mJ (24-hour average).**[~I** 

### AAA. "Significant emissions increase" means, for aregulated new source review pollutant, an increase in emissions that is significant for that pollutant. (AM.j 

### BBB. "Stationary souree" means any building, structure, facility, or installation which emits,

or may emit, any regulated new source review pollutant. CCC. "Subjeet 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 ChapterI ofTitle 40 ofthe CFR, that requires actual control ofthe quantity ofemissions ofthat pollutant. and that 

### such acontrol requirementhas taken effectand is operative to control. limit or restrictthe quantity ofemissions of that pollutantreleased from the regulated activity. Except that: (j) 

### Greenhouse gases fGHGs) shall not 

### be subject to regulation except as provided in Paragraphs (4) and (5) ofSubsection CCC of20.11.61.7 NMAC. (2) Forpurooses ofParagraphs (3) 

### through (5) ofSubsection CCC of20.11.61.7 NMAC, the term "toy CO, equivalent emissions fCO,e)" shall represent an amount ofGHGs emitted. and shall be computed as follows: fa) multiplying the mass amount ofemissions ftoy), for each ofthe six greenhouse gases in the pollutant GHGs. by the gas's associated global warming potential published at Table A I to subpart A ofPart 98 of ChapterI ofTitle 40 ofthe CFR

- Global WarmingPotentials; fb) sum the resultant value from Subparagraph fa) ofParagraph (2) ofSubsection CCC of 20.11.61.7 NMAC for each gas to compute a toy CO,e. (3) 

### The term "emissions increase" as used in Paragraphs (4) and (5) ofSubsection CCC of20.11.61.7 NMAC, shall mean that both a significant emissions increase fas calculated using the procedures in Subsection D of 20.11.61.11 NMACl and a significant net emissions increase fas defmed in Subsection PP of20.11.61.7 NMAC and Subsection ZZ of20.11.61.7 NMACl occur. For the pollutant GHGs. an emissions increase shall be based on toy CO,e. and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant. and "significant" is defmed as 75,000 toy CO,e instead ofapplying the value in Table 2 of20.11.61.27 NMAC. (4) Beginning January 2. 2011. the pollutant GHGs is subject to regulation if: 

### (a) the stationary source is anew majorstationary source for aregulated NSR pollutant that is not GHGs, and also will emit or will have the potential to emit 75,000 toy COle or more; or 

### (b) the stationary source is an existing major stationary source for aregulated NSR pollutant that is not GHGs. and also will have an emissions increase ofa regulated NSR pollutant. and an emissions increase of75,000 toy CO,e or more; and,

20.11.61 NMAC 

### 9

### (5) beginning July 

### I. 201 

### I. in addition to the provisions in Paragraph (4) ofSubsection 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 toy CO,e; or (b) at an existing stationary source that emits or has the potential to emit 100.000 toy CO,e, when such stationary source undenakes a physical change or change in the method ofoperation that 

### will result in an 

### emissions increase 0[75.000 toy COle or more. 

### [BBBI DOD. "Temporary source" means a stationary source which changes its location or ceases to 

### exist 

### within two years from the date ofinitial start ofoperations. [b(;(;1 EEE. "Visibility Impairment" means any humanly perceptible change in visibility (visual range. contrast, coloration) from that which would have existed under natural conditions. [DDD] FFF. "Volatile organic compound (VOC)" means any compound ofcarbon, excluding 

### carbon monoxide, carbondioxide, carbonic acid, metallic carbides or carbonates, and 

### anunoniurn carbonate, which panicipates in atmospheric photochentical reactions; this includes any such organic compound other than those which the administratordesignates as having negligible photochentical reactivity under 40 CFR 51.100(s). [20.11.61.7 NMAC, Rp, 20.1 1.61.7 NMAC, 1/23/06; A, 

### 5/15/06; A. 8/30/10; A. 1/10/11]

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



### source or any projectat an existing major stationary source in an area designated as attainment orunc1assifiable. B. The requirements ofSections 20.11.61.12 NMAC through 20.1 1.61.18 NMAC. 20.11.61.21 NMAC and 20.11.61.24 NMAC apply to the construction ofany new major stationary source or the major modification ofany existing major stationary source, except as 20.11.61 NMAC otherwise provides. C. No new major stationary source or major modification to 

### which the requirements ofSubsections A, B. C and 0 of20.1 1.61.12 NMAC. Sections 20.1 1.61.13 NMAC through 20.1 1.61.18 NMAC. 20.11.61.21 NMAC and 20.11.61.24 NMAC apply shall begin actual construction without apermit that states that the major 

### stationary source or major modification will meet those requirements. D. Applicability procedures. 

### (I) Except as otherwise provided in 

### [SliB••eliellS 

## :e an<! F] Subsection E of20.11.61.11 NMAC, and 

### consistent with the definition ofmajor modification, aproject is amajor modification for a regulated new source review pollutant ifit causes a significantemissions increase and asignificant net emissions increase. The project is not 8 

### major modification ifit does not cause asignificantemissions increase. 

### Ifthe 

### projectcauses a significant emissions increase, then the project is a major modification only ifit also results in a significantnet emissions increase. (2) The procedure for calculating (before beginning actual construction) whether a significant entissions increase (Le.• the first step ofthe process) will occur depends upon the type ofemissions urtits being modified, according to Paragraphs (3) through (4) ofSubsection

### 0 of20.11.61.11 NMAC. The procedure for calculating (before beginning actual construction) whether a significant net emissions increase will occur at the major stationary source (Le., the second step ofthe process) is contained in the definition in Subsection [00] PP of 20.11.61.7 NMAC. Regardless ofany such preconstruction projections, a major modificalion results ifthe project



### causes a significantemissions increase and 8 

### significant net emissions increase. (3) Actual'lo-projecled,actuaI applicability lesl for projecls Ihat only involve exisling emissions 

### units. A significantemissions increase ofaregulated new source review pollutant is projected to 

### occur ifthe sum of the difference between the projected actual emissions and the baseline actual entissions for each existing emissions unit equals or exceeds the significant amount for that pollutant. (4) Aclual,lo,polenliallesl for projects Ihal only involve conslruction ofa new emissions unil(s). A sigrtificant emissions increase ofa regulated new source review pollutant is projected to occur ifthe sum ofthe difference between the potential to emit from each new entissions unit following completion ofthe project and the baseline actual entissions ofthese units before the project equals or exceeds the significant amount for that pollutant. (5) Hybrid lesl for projecls Ihal involve mulliple types ofemissions unils. A significant 

### emissions increase ofaregulated new source review pollutantis projected to occur ifthe sum ofthe emissions increases for each emissions unit. using the method specified inParagraphs (3) and (4) ofSubsection 

### 0 of 20.11.61.11 NMAC as applicable with respect to each emissions unit. for each type ofemissions unit equals or exceeds the significant amount for that pollutant. E, For any major stationary source for aPAL for a regulated new source review pollutant, the major stationary source shall comply with requirements under 20.11.61.20 NMAC.

20.11.61 NMAC 10

### [20.11.61.11 NMAC

- N, 1/23/06; A, 8/30/10; A, 1110111]



### 20.11.61.12 OBLIGAnONS OF OWNERS OR OPERATORS OF SOURCES: A. Any 

### owner or operator who begins actual construction or operates a source or modification without, or not in accordance with, a permit issued under the requirements of20.11.61 NMAC shall be subject to 

### enforcement action. B. Approval to construct shall not relieve any person from the responsibility to comply fully with the provisions ofthe Air 

### Quality Control Act, Sections 74-2-1 to 74-2-17, NMSA 1978; any applicable regulations of the board; and any other requirements under local, state, or federal law. 

### C. Approval to construct shall become invalid ifconstruction is not commenced within 18 months 

### after receipt ofsuch approval, if

### construction is discontinued for aperiod of 1g months or more, or

### ifconstruction is not completed within a reasonable time; the administrator may extend the 18-monthperiod upon a satisfactory showing that an extension isjustified; this provision does not apply to the time period between construction ofthe approved phases ofa phased construction project; each phase must commence construction within 18 months ofthe projected and approved commencement date. D. At such time that a particular source or modification becomes a major stationary source or major 

### modification solely by virtue ofa relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity ofthe source or modification otherwise to emit apollutant, 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 Subparagraph (b) ofParagraph (6) ofSubsection E of20.1 1.6l.l 

### 2 NMAC the following specific provisions apply with respect to any regulated new source review pollutant emitted from projects at existing emissions units at a major stationary source (other than 

### projects at a source with a PAL) in circumstances where there is a reasonable possibility within the meaning ofParagraph (6) ofSubsection E of 20.11.61.12 NMAC that aproject that is not a part ofa major modification may result in a significant emissions increase ofsuch pollutant and the owner or operator elects to use the method specified in Paragraphs (I) 

### through (3) ofSubsection [00] VV 

### of20.11.61.7 NMAC for calculating projected acmal emissions. (I) 

### Before beginning actual construction ofthe project, the owner or operator shall document and maintain a record ofthe following information: (a) a description ofthe project; (b) 

### identification ofthe emissions unit(s) whose emissions ofa regulated new source review pollutant could be affected by the project; and (c) a description ofthe applicability test used to determine that the project is not a major modification for any regulated new SOurce review pollutant, including the baseline acmal emissions, the projected actual emissions, the amount ofemissions excluded under Paragraph (3) ofSubsection [OO]VV 

### of20.11.61.7 NMAC and an explanation for why such amount was excluded, and any netting calculations, ifapplicable. (2) Ifthe emissions unit is an existing electric utility steam generating unit, before beginning acmal construction, the owner or operator shall provide a copy ofthe information set out in Paragraph (I) 

### ofSubsection E of20.11.61.12 NMAC to the department. Nothing in Paragraph (2) ofSubsection E of20.11.6l.I2 NMAC shall be construed to require the owner or operator ofsuch a unit to obtain any determination from the department before beginning actual construction; however, necessary preconstruction approvals and/or pennits must be obtained before 

### beginning actual construction. (3) The owner or operator shall monitor the emissions ofany regulated new source review pollutant that could increase as aresult ofthe project and that is emitted by any emissions unit identified in Subparagraph (b) ofParagraph (I) 

### ofSubsection E of20.11.61.12 NMAC; and calculate and maintain a record ofthe annual emissions, in tons per year on a calendaryear basis, for a period offive years following resumption ofregular operations after the change, orfor aperiod of 10 years following resumption ofregular operations after the change if the project increases the design capacity orpotential to emit ofthat regulated new SOurce review pollutant at such 

### emissions unit. Forpurposes ofParagraph (3) ofSubsection E of20.11.61.12 NMAC, fugitive emissions (to the extent quantifiable) shall be monitored ifthe emissions unit is part ofone ofthe source categories listed inTable I 

### of20.11.61.26 NMAC or ifthe emissions unit is located at a major stationary source that belongs to one ofthe listed

source categories. 

### (4) Ifthe unit is an existing electric utility steam generating unit, the owner or operator shall submit a report to the department within 60 days after the end ofeach yearduring which records must be generated under Subparagraph (c) ofParagraph (I) 

### ofSubsectionE of20.11.61.l2 NMAC setting out the unit's annual emissions during the calendaryear that preceded submission ofthe report.

20.11.61 NMAC II

### (5) Ifthe unit is an existing unit other than an electric utility stearn generating unit, the owner or operator shall submit a report to the department ifthe annual emissions, in tons per year, from the project identified in Paragraph (1) 

### ofSubsection E of20.l 1.61.12 NMAC, exceed the baseline actual emissions (as documented and maintained pursuant to Subparagraph (c) ofParagraph (1) 

### ofSubsection E of20.1 1.61.12 NMAC) by a significant amount for that regulated new source review pollutant, and 

### ifsuch emissions differ from the preconstruction 

### projection as documented and maintained pursuant to Subparagraph (c) ofParagraph (I) ofSubsection E of 20.11.61.12 NMAC. Such report shall be 

### submitted to the department within 60 days after the end ofsuch year. The report shall contain the following: (a) the name, address and telephone number ofthe major stationary source; (b) the annual emissions as calculated pursuant to Paragraph (3) ofSubsection E of20.1 1.61.12 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 preconstructionprojection). (6) A "reasonable possibility" under Subsection E of20.11.61.12 NMAC occurs when the owner or 

### operator calCUlates the project to result in either: (a) aprojected actual emissions increase ofat least 50 percent ofthe amount that is a "significant emissions increase," as defined under Subsection**[~]** 

### AAA of20.11.61.7 NMAC (withoutreference to the amount that is a significant net emissions increase), for the regulated new source review pollutant; or (b) 

### aprojected actual emissions increase that, added to the amount ofemissions excluded under Paragraph (3) ofSubsection [W] VV 

### of20.11.61.7 NMAC, sums to at least 50 percent ofthe amount that is a "significantemissions increase," as defmed under Subsection**[~]** 

### AAA of20.1 1.6

### I.7 NMAC (without reference to the amount 

### that is a significant net emissions increase), for the regulated new source review pollutant; for a project 

### for which a reasonable possibility occurs only within the meaning ofSubparagraph (b) ofParagraph (6) of Subsection E of20.11.61.12 NMAC, and not also within the meaning ofSubparagraph (a) ofParagraph (6) of Subsection E of20.11.61.12 NMAC, thenprovisions ofParagraphs (2) through (5) ofSubsection E of20.11.61.12 NMAC do not apply to the project. 

### F, The owner or operator ofthe source shall make the information required to 

### be documented and maintained pursuant to Subsection E of20.11.61.12 NMAC available for review upon request for inspection by the department or the 

### general public pursuantto the requirements contained in 40 CFR 70.4(b)(3)(viii). [20.11.61.12 NMAC

- Rp, 20.11.61.12 NMAC, 1/23/06; A, 8/30/10; A, 1/10111]

20.11.61.20 ACTUALS PLANTWIDE APPLICABILITY LIMITS (PALs) A. Applicability. (I) 

### The department may approve the use ofan actuals PAL for any existing major stationary source if the PAL meets the requirements of20.11.61.20 NMAC. The term "PAL" shall mean "actuals PAL" throughout 20.11.61.20 NMAC. (2) Anyphysical change inOr change in the method ofoperation ofa major stationary source that maintains its total source-wide emissions below the PAL level, meets the requirements of20.1 1.61.20 NMAC, and complies with the PAL permit: (a) is not a major modification for the PALpollutant; (b) 

### does not have to be approved through the plan's major NSRprogram; and (c) is not subjectto the provisions in Subsection D 

### of20.11.61.12 NMAC (restrictions on relaxing enforceable emission limitations that the major stationary source used to avoid applicability ofthe major

new source review program). 

### (3) Except as provided under Subparagraph (c) ofParagraph (2) ofSubsection A of20.1 1.61.20 NMAC, a major stationary source shall continue to comply with all applicable federal or state requirements, emission limitations, and workpractice requirements that were established prior to the effective date ofthe PAL. B. Definitions applicable to 20,11.61.20 NMAC. (1) 

### Actuals PAL for a major stationary source means a PAL based on the baseline actual emissions ofall emissions units at the source that emit or have the potential to emit the PAL pollutant. (2) Allowable emissions means "allowable emissions" as defined in Subsection F 

### of20.11.61.7 NMAC, except as this definition is modified in accordance with the following. (a) The allowable emissions for any emissions unit shall be calculated considering any emission limitations that are enforceable as a practical matter on the emissions unit's potential to emit.



### 20.11.61 NMAC 12(b) An emissions unit's potential to emit shall be detennined using the definition in Subsection [AA] SS of20.11.61.7 NMAC. except that the words "or enforceable as a practical matter" should be added after "federally enforceable". (3) Small emissions unit means an emissions unit that emits or has the potential to emit the PAL pollutant in an amount less tban 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. (4) Major emissions unit means: (a) Any emissions unit that emits or has the potential to emit 100 tons per year or more ofthe 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 pollutaot as defmed by the act for nonattainment areas. Forexample, in accordance with the definition ofmajor stationary source in Section 182(c) of 

### the act, an emissions unit would be amajor emissions unit for VOC ifthe 

### emissions unit is located in 

### aseriolls

ozone nonattainment area and it emits or has the potential to emit 50 ormore tons ofVOC per year. (5) Plantwide applicability limitation (PAL) means an emission limitation expressed in tons-peryear, for a pollutaot at a major stationary source that is enforceable as a practical matter and established source-wide in accordance with 20.11.61.20 NMAC. (6) PAL effective date generally means the date ofissuance ofthe PALpermit. However, the PAL etTective date for an increased PAL is the date any emissions unit that is part ofthe PAL major modification becomes operational and begins to emit the PAL pollutaot. (7) PAL effective period means the period beginning with the PAL etTective date and ending 10 years later. (8) PAL major modification means, notwithstanding the definitions for major modification and net emissions increase in 20.11.61.7 NMAC, any physical change in or change in the method ofoperation ofthe PAL

source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL. 

### (9) PAL 

### permit means the major new source review permit, the minor new source review pennit, or the state operating permitunder 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. (10) PAL pollutant means the pollutant for which a PAL is established at a major stationary source. (II) 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) ofSubsection B of20.11.61.20 NMAC. C. Permit application requirements. As part ofa permit application requesting a PAL, the owner
or operator ofa major stationary source shall submit the following information to the department for approval. (I) A list ofall emissions units at the source designated as small, significant or major based on their potential to emit In addition, the owner or operator ofthe source shall indicate which, ifany, federal or state applicable requirements, emission limitations, or work practices apply to each unit. (2) Calculations ofthe baseline actual emissions with supporting documentation. Baseline actual 

### emissions are to include emissions associated not only 

### with operation ofthe unit, 

### but also emissions associated 

### with startup, shutdown, and malftmction. (3) The calculation procedures that the major stationary source owner or operatorproposes to use to convert the monitoring system data to montltly emissions and annual emissions based on a 12-month rolling total for each month as required by Subsection M of20.11.61.20 NMAC. D. General requirements for establishing PALs. (I) The department may establish a PAL at a major stationary source, provided that at a minimum, the following requirements are met. (a) The PAL shall impose an annual emission limitation in tons per year that is enforceable as a practical matter for the entire major stationary source. For each month during the PAL etTective period after the first 12 months ofestablishing a PAL, 

### the major stationary source owner or operator shall show that the sum ofthe 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 montltly). For each month during the first II months from the PAL effective date, the major stationary source owner or operator shall show that the sum ofthe preceding montltly emissions from the PAL etTective date for each emissions unit under the PAL is less than the PAL. (b) The PAL shall be established in a PAL permit that meets the public participation requirements in Subsection E of20.11.61.20 NMAC.

20.11.61 NMAC 13(c) The PAL pennit shall contain all the requirements ofSubsection G of20.11.61.20 NMAC. (d) The PAL shall include fugitive emissions. to the extent quantifiable. from all emissions units that emit orhave the potential to emit the PAL pollutant at the major stationary source. (e) Each PAL shall regulate emissions ofonly one pollutant. (I) Each PAL shall have a PAL effective period of 10 years. (g) The owner or operator ofthe major stationary source with a PAL shall comply with the monitoring, recordkeeping, and reporting requirements provided in Subsections L through 

### N of20.11.61.20 NMAC for each emissions unit under the PAL through the PAL effective period. (2) At no time during or after the PAL effective period are emissions reductions ofa PAL pollutant that occur during the PAL effective period creditable as decreases for purposes ofoffsets under 40 CFR 51.165(a)(3)(ii) unless the level ofthe PAL is reduced by the amount ofsuch emissions reductions and such reductions would be creditable in the absence ofthe PAL. E. Public participation requirement. for PALs. PALs for existing major stationary sources shall be established, renewed. or increased, through a procedure that is consistent with 40 CFR 51.160 and 161. This includes the requirement that the department provide the public with notice ofthe proposed approval ofa PAL pennit and at least a 30-day period for submittal ofpublic comment. The department must address all material comments before taking final action on the permit. 

### F. Setting the IO-year aeluals PAL level. (I) Except as provided in Paragraph (2) ofSubsection F of20.11.61.20 NMAC, the actuals PAL level for a major stationary source shall be established as the sum ofthe baseline actual emissions ofthe PAL pollutant for each emissions unit at the source; plus an amount equal to the applicable significant level for the PAL pollutant under Subsection 

### [¥¥] ZZ of20.11.61.7 NMAC orunder 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-monthperiod 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 pennit to become effective on the future compliance date(s) ofany applicable federal or state regulatory requirement(s) that the department is aware ofprior to issuance ofthe PAL permit. For instance, ifthe

source owner or operator will be required to reduce emissions from industrial boilers in halffrom baseline emissions of60 ppm

### NOx to a new rule limit of30 ppm. then the pennit shall contain a future effective PAL level that is equal to the current PAL level reduced by halfofthe original baseline emissions ofsuch unit(s). (2) Fornewly consltucted units (which do not include modifications to existing units) on which actual consltuction began after the 24-month period, in lieu ofadding the baseline actual emissions as specified in Paragraph (I) ofSubsection F of20.11.61.20 NMAC, the emissions must be added to the PAL level in an amount equal to the potential to emit ofthe units. 

### G. Contents ofthe PAL permit. The PAL pennit shall contain, at a minimum. the following information.(I) The PAL pollutant and the applicable source-wide emission limitation in tons per year. (2) The PAL pennit effective date and the expiration date ofthe PAL (PAL effective period). (3) Specification in the PAL pennit that ifa major stationary source owner or operator applies to

renew a PALin accordance with Subsection J of20.11.61.20 NMAC before the end ofthe PAL effective period, then the PAL shall not expire at the end ofthe PAL effective period. 

### It shall remain in effect until a revised PAL permit is issued by the department. (4) A requirement that emission calculations for compliance purposes include emissions from startups, shutdowns and malfunctions. (5) A requirement that, once the PAL expires, the major stationary source is subject to the requirements ofSubsection I of20.11.61.20 NMAC. (6) The calculation procedures that the major stationary sOurce owner or operator shall use to convert the monitoring systemdata to monthly emissions and annual emissions based on a 12-month rolling total for each month as required by Paragraph (I) ofSubsection C of20.11.61.20 NMAC. (7) A requirement that the major stationary source owner or operator monitor all emissions units in accordance with the provisions under Subsection M of20.11.61.20 NMAC. (8) A requirement to retain the records required under Subsection M of20.11.61.20 NMAC on site. Such records may be retained in an electronic format. (9) A requirement to submit the reports required under SubsectionN of20.11.61.20 NMAC by the required deadlines.

20.11.61 NMAC 14(10) 

## H. (I) (2) 

### Any otherrequirements that the department deems necessary to implement and enforce the PAL. PAL effective period and reopening of

### the PAL permit. PAL effective period. The PAL effective period shall be 10 years. Reopening of

### the PAL permit. (a) During the PAL effective period. the department shall reopen the PAL pennitto: correct 

### typographicaVcalculation errors made in setting the PAL or reflect amore accurate detennination ofemissions used
to establish the PAL; reduce the PAL ifthe owner or operator ofthe major stationary source creates creditable emissions reductions for use as offsets under 40 CFR 51.165(a)(3)(ii); and revise the PAL to reflect an increase in the PAL as provided under Paragraph Subsection K of20.11.61.20 NMAC. (b) The department may reopen the PAL permit for the following: to reduce the PAL to reflect newly applicable fedeml requirements (for example. NSPS) with compliance dates after the PAL effective date; to reduce the PAL consistent with any otherrequirement, that is enforceable as apmctical matter. and that the department may impose on 

### the major stationary source under the 

### plan; and to reduce the PAL ifthe department 

### detennines 

### that areduction is necessary to avoid causing or contributing to aNAAQS orPSD increment violation,

or to an adverse impact on an air quality related values (AQRV) that has 

### been identified for a fedeml class I area by

a federal land manager and for which infonnation is available to the general public. (c) Except for the permit reopening in Subpamgraph (a) ofParagraph (2) ofSubsection H 

### of 20.11.61.20 NMAC for the correction oftypographical/calculation errors that do not increase the PAL level, all reopenings shall be carried outin accordance with the public participation requirements ofSubsection E of 20.11.61.20 NMAC. 

### I. Expiration of

### a PAL. Any PAL that is not renewed in accordance with the procedures in Subsection J 

### of20.11.61.20 NMAC shall expire at the end ofthe PAL effective period, and the requirements in Subsection I of20.11.61.20 NMAC shall apply. (I) 

### Each emissions unit, or each group ofemissions units, that existed under the PAL shall comply with an allowable emission limitation under a revised pennit established according to the procedures in Paragraph (I) 

### ofSubsection I of20.11.61.20 NMAC. (a) Within the time frame specified for PAL renewals in Paragraph (2) ofSubsection J 

### of 20.11.61.20 NMAC, the major stationary source shall submit aproposed allowable emission limitation for each emissions unit, or each group ofemissions units, ifsuch a disnibution is more appropriate as decided by the department, by disnibuting the PAL allowable emissions for the major stationary source among each ofthe emissions units that existed under the PAL. Ifthe PAL had not yet been adjusted for an applicable requirement that became effective during the PAL effective period, as required under Paragmph (5) ofSubsection J 

### of20.1 1.61.20 NMAC. such disnibution shall be made as ifthe PAL had been adjusted. (b) 

### The department shall decide whether and how the PAL allowable emissions will be disnibuted and issue a reVised permit incorpomting allowable limits for each emissions unit, or each group of 

### emissions units, as the department detennines is appropriate. (2) Each emissions unit(s) shall comply with the allowable emission limitation on a 12-month rolling basis. The departmentmay approve the use ofmonitoring systems (source testing. emission factors, etc.) otherthan CEMS, CERMS, PEMS or CPMS to demonslmte compliance with the allowable emission limitation. (3) Until the department issues the revised permitincorporating allowable limits for each emissions unit, or each group ofemissions units, as required under Subpamgraph (b) ofPamgraph (I) 

### ofSubsection I of 20.11.61.20 NMAC, the source shall continue to comply with a source-wide, multi-unit emissions cap equivalent to the level ofthe PAL emission limitation. (4) Any physical change or change in the method ofopemtion at the major stationary source will be 

### subject to majornew source review requirements 

### ifsuch change meets the defmition ofmajormodification 

### in Subsection 

### [HH1.!l of20.1 1.61.

### 7NMAC. (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 eitherduring the PAL effective period

orpriorto the PAL effecllve period except for those emission limitations that had been established pursuant to Subsection D of20.11.61.12 NMAC. but were eliminated by the PALin accordance with the provisions in Subparagraph (c) ofPamgraph (2) ofSubsection A of20.11.61.20 NMAC. 

### J. Renewal of

### a PAL. (I) 

### 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, 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 considemtion by the department.

20.11.61 NMAC 15(2) Application deadline. A major stationary source owner or operator shalI submit a timely application to the department to request renewal ofa PAL. A timely application is one that is submitted at least six months prior to, but not earlier than 18 months from, the date ofpermit expiration. This deadline for application submittal is to ensure that the permit will not expire before the permit is renewed. Ifthe owner oroperator ofa major stationary source submits a complete application to renew the PAL within this time period, then the PAL shall continue to be effective until the revised permit with the renewed PAL is issued. (3) Application requirements. The application to renew a PAL permit shalI contain the folIowing 

### infonnation. (a) The information required in Subsection C of20.11.61.20 NMAC. (b) A proposed PAL level. (c) The sum ofthe potential to emit ofall emissions umts under the PAL. with supporting documentation. (d) Any other infonnation the owner or operator wishes the department to consider in determining the appropriate level for renewing the PAL. (4) PAL adjustment. In determirting whether and how to adjust the PAL, 

### the department shall consider the options outlined in Subparagraphs (a) and (b) ofParagraph (4) Subsection J of20.11.61.20 NMAC. However, in no case may any such adjustment fail to comply with Subparagraph (c) ofParagraph 4 ofSubsection 

### J of20.11.61.20 NMAC. (a) Ifthe emissions level calculated in accordance with Subsection 

### F of20.11.61.20 NMAC is equal to or greater than 80 percent ofthe PAL level. the department may renew the PAL at the same level without considering the factors set forth 

### in Subparagraph (b) ofParagraph (4) ofSubsection

### J of20.11.61.20 NMAC; or (b) the department may set the PAL at a level that it detennines to be more representative of 

### the source's baseline actual emissions, or 

### thatit detennines to he appropriate considering air quality needs, advances in 

### control technology, anticipated economic growth in 

### the area, desire to 

### reward or encourage the somce's voluntary emissions reductions. or other factors as specifically identified by the department in its written rationale. (c) Notwithstanding Subparagraphs (a) and (b) ofParagraph (4) ofSubsection J of20.11.61.20 NMAC: ifthe potential to emit ofthe major stationary source is less than the PAL, the department shalI adjust the PAL to a level no greater than the potential to emit ofthe source; and the department shall not approve a renewed PAL level higher than the current PAL. unless the major stationary source has complied with the provisions of Subsection 

### K of20.11.61.20 NMAC. (5) Ifthe compliance date for a state or federal requirement that applies to 

### the PAL source occurs during the PAL effective period, and ifthe department 

### has not already adjusted for such**requiremen~** the PAL shall be adjusted at the time ofPAL permit renewal or Title V permitrenewal, whichever occurs first. 

### K. Increasing a PAL during tbe PAL effective period. (I) The department may increase a PAL emission limitation only ifthe major stationary source complies with the following provisions. (a) The owner or operator ofthe major stationary source shall submit a complete application to request an increase in the PAL lintit for a PAL major modification. Such application shall identify the emissions 

### unites) contributing to the increase 

### in emissions so as to cause the major stationary source's emissions to 

### equal or exceed its PAL. (b) As part oftltis application, the major stationary source owner or operator shall demonstrate that the sum ofthe baseline actual emissions ofthe smalI emissions umts. plus the sum ofthe baseline actual emissions ofthe significant and major emissions umts assuming application ofBACT equivalent controls, plus the

sum ofthe alIowable emissions ofthe new or modified emissions unit(s), exceeds the PAL. The level ofcontrol that would result from BACT equivalent controls on each significant ormajor emissions unit shall be determined by conducting a new BACT analysis at the time the application is submitted, unless the emissions unit is currently required to comply with a BACT or LAER requirement that was established within the preceding 10 years. In such

a case, the assumed contrallevel for that emissions unit shall be equal to the level ofBACT or LAER with which that emissions umt must currently comply. (c) The owner or operator obtains a major new source review permit for all emissions umt(s) identified in Subparagraph (a) ofParagraph (I) ofSubsection B of20.ll.61.20 NMAC, regardless ofthe magnitude ofthe emissions increase resulting from them, that is, no sigmficant levels apply. These emissions umt(s) shall comply with any emissions requirements resulting from the majornew source review process, for example, BACT,

even though they have also become subject to the PAL or continue to be subject to the PAL. (d) The PAL permit shalI require that the increased PAL level shall be effective on the day any emissions unit that is part ofthe PAL major modification becomes operational and begins to emit the PAL pollutant.

20.11.61 NMAC 16

### (2) The department shall calculate the new PAL as the sum ofthe allowable emissions for each 

### modified or new emissions unit, plus the sum ofthe ba.'1eline actual emissions ofthe significantand major emissions units (assuming application ofBACT equivalent controls as determined in accordance with Subparagraph (b) of Paragraph (1) ofSubsection K of20.11.61.20 NMAC), plus the sum ofthe baseline actual emissions ofthe small 

### emissions units. (3) The PALpermit shall be revised to reflect the increased PAL level pursuant to the public notice requirements ofSubsection E of20.11.61.20 NMAC. L. 

### Monitoring requirements for PALs. (1) General requirements. (a) Each PAL permit must contain enforceable requirements for the monitoring system that accurately determines plantwide emissions ofthe PAL pollutant in terms ofmass per unit oftime. Any monitoring system authorized for use in the PAL permit must be based on sound science and meet generally acceptable scientific procedures for data quality and manipulation. Additionally, the information generated by such system must meet minimum legal requirements for admissibility in ajudicial proceeding to enforce the PAL permit. (b) The PAL monitoring system must employ one or more ofthe four general monitoring approaches meeting the minimum requirements set forth in Paragraph (2) ofSubsection L of20.11.61.20 NMAC and must be 

### approved by the department. (c) Notwithstanding Subparagraph (b) ofParagraph (I) 

### ofSubsection L of20.11.61.20 NMAC, you may also employ an alternative monitoring approach that meets Subparagraph (a) ofParagraph (I) 

### of Subsection L of20.11.61.20 NMAC ifapproved by the department. (d) Failure to use a monitoring system that meets the requirements of20.11.61.20 NMAC renders the PAL invalid. (2) Minimum performance requirements for approved monitoring approaches. The following

are acceptable general monitoring approaches when conducted in accordance with the minimum requirements in Paragraphs (3) through (9) ofSubsection L of20.11.61.20 NMAC: (a) mass balance calculations for activities using coatings or solvents; (b) CEMS; (c) CPMS or PEMS; and (d) emission factors. (3) Mass balance calculations. An owner or operatorusing mass balance calculations to monitor PALpollutant emissions from activities using coating or solvents shall meet the following requirements: (a) provide a demonstrated means ofvalidating the published content ofthe PAL pollutant that 

### is contained in 

### or created by all materials used in 

### or at the emissions unit; (b) assume that the emissions unit emits all oftbe PALpollutant that is contained in or created by any raw material or fuel used in or at the emissions unit, ifit cannot otherwise be accounted for in the process; and (c) where the vendor ofa material or**fue~** 

### which is used in or at the emissions unit, publishes a range ofpollutant content from such material, the owner or operatormust use the highest value ofthe range to calculate the PAL pollutant emissions unless the department determines there is site-specific data or a site-specific monitoring program to support another content within the range. (4) CEMS. An owner or operatorusing CEMS to monitor PAL pollutant emissions shall meet the following requirements: (a) CEMS must comply with applicable performance specifications found in40 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 operatorusing CPMS or PEMS to monitor PALpollutant emissions shall meet the following requirements: (a) the CPMS or the PEMS must be based on current site-specific data demonstrating a correlation between tbe monitoredpararneter(s) and the PAL pollutant emissions across the range ofoperation ofthe 

### emissions unit; and (b) each CPMS or PEMS must sample, analyze, and record data at least every 15 minutes, or at another less frequent interval approved by the**departmen~** 

### while the emissions unit is operating. (6) Emission factors. An owner or operatorusing emission factors to monitor PALpollutant emissions shall meet the following requirements:

20.11.61 NMAC 17

### (a) all emission factors shall be adjusted, ifappropriate, to account for the degree ofuncenainty

or limitations in the factofs' development; 

### (b) the emissions unit shall operate within the designated range ofuse for the emission factor, if applicable; and (c) 

### iftechnically practicable, the owner or operator ofa significant emissions unit that relies on


### an emission factor to calculate PAL pollutantemissions shall conduct validation testing to detennine a site-specific emission factor within six months ofPAL pennit issuance, unless the deparunent determines that testing is not required. 

### (7) A source owner or operator must 

### record and reportmaximum potential emissions without considering enforceable emission limitations or operational restrictions for an emissions unitduring any period of time 

### that there is no monitoring data, unless another method for determining emissions during such periods is specified in the PAL pennit. (8) Notwithstanding the requirements in Paragraphs (3) through (7) ofSubsection L of20.11.61.20 NMAC. where an owner or operator ofan emissions 

### unit cannot demonstrate acorrelation between the monitored 

### pararneter(s) and the PAL pollutant emissions rate at all operating points ofthe emissions unit, the deparunent shall, at the time ofpermit issuance: 

### (a) establish default value(s) for determining compliance with the PAL based on the highest potential emissions reasonably estimated at such operating point(s); or (b) 

### detennine that operation ofthe emissions unit during operating conditions when there is no correlation between monitored parameter(s) and the PAL pollutant emissions is aviolation ofthe PAL. (9) Revalidation. All data used to establish the PAL pollutantmust be revalidated through performance testing or other scientifically valid means approved by the department. Such testing must occur at least

once every five years after issuance ofthe PAL. M. Recordkeeping requirements. (I) The PAL permit shall require an owner or operator to retain a copy ofall records necessary to determine compliance with any requirement of20.11.61.20 NMAC and ofthe PAL, including a determination of each emissions unit's 12-month rolling total emissions, for five years from the date ofsuch record. (2) The PAL permit shall require an owner or operatorto retain a copy ofthe following records, for the duration ofthe PAL effective period plus five years: (a) a copy ofthe PAL permit application and any applications for revisions to the PAL; and (b) each annual certification ofcompliance pursuant to 20.11.42 NMAC, Operating Pennits, 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 deparunent 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 deparunent within 30 days ofthe end ofeach reporting period. This report shall contain the following information. (a) The identification ofowner and operator and the permitnumber. (b) 

### Total annual emissions (tons/year) based on a 12-month rolling total for each month in the reporting period recorded pursuant to Paragraph (I) ofSubsection M of20.11.61.20 NMAC. (c) All data relied upon. including, butnot limited to, any quality assurance orquality control data, in calculating the monthly and annual PAL pollutant emissions. (d) A list ofany emissions units modified or added to the major stationary source during the preceding six-month period. (e) The number, duration, and cause ofany deviations ormonitoring malfunctions (otherthan 

### the**tim~** 

### associated with zero and span calibration checks), and any corrective action taken. (I) 

### A notification ofa shutdown ofany monitoring system, whether the shutdown was permanent or temporary. the reason for the shutdown. the anticipated date that the monitoring system will be fully operational or replaced with another monitoring system, and whetherthe emissions unit monitored by the monitoring system continued to operate. and the calculation ofthe emissions ofthe pollutant or the number determined by method included in the permit, as provided by Paragraph (7) ofSubsection L of20.11.61.20 NMAC. (g) A signed statement by the responsible official as defined by 20.11.42.7 NMAC certifying the truth, accuracy, and completeness ofthe infonnation provided in the report. (2) Deviation report. The major stationary source owner or operator shall promptly submit reports ofany deviations orexceedance ofthe PAL requirements. including periods where no monitoring is available. A report submittedpursuant to 40 CFR 70.6(a)(3)(iii)(B) shall satisfy this reporting requirement. The deviation reports

20.11.61 NMAC 18

### shall be submitted within the time limits prescribed by the applicable program implementing 40 CFR 70.6(a)(3)(iii)(B). The reports shall contain the following information: (a) the identification ofowner and operator and the permit number; (b) the PAL requirement that experienced the deviation or that was exceeded; (c) emissions resulting from the deviation or the exceedance; and 

### (d) a signed statementby the responsible official as defined by 20.11.42.7 NMAC certifying the truth, accuracy, and completeness ofthe information provided in the report. (3) Revalidation results. The owner or operator shall submit to the department the results ofany revalidation test or method within three months after completion ofsuch test or method. 

### O. Transition requirements. (I) The department may not issue a PAL that does not comply with the requirements ofSubsections A through 

### 0 of20.11.61.20 NMAC after the administrator has approved regulations incorporating these requirements into the SIP. (2) The department may supersede any PAL which was established prior to the date ofapproval of the SIP by the administrator with a PAL that complies with the requirements of20.11.61.20 NMAC. [20.11.61.20 NMAC

- N, 1/23/06; A, 8/30110; A, 1/10/11]

20 

### 11 61 27 TABLE 2 SIGNIFICANT EMISSION RATES'



# . - POLLUTANT EMISSION RATE ITONS/YRI Carbon monoxide 100 Fluorides 3 Lead 0.6 Municipal waste combustor: Acid gases (measured as sulfur dioxide and hvdrogen cWoride) 40 (36 megagrams/vear) Metals (measured as oarticulate matter) 15 (14 megagramslvear) Organics (measured as total tetra- through octa-cWorinated 0.0000035 (0.0000032 megagrams/yr) dibenzo-p-dioxins and dibenzofurans) Municioal solid waste landfill emissions (measured as NMOC) 50 (45 megagramslvear) Nitrogen oxides 40 Ozone 40VOC orNOx Particulate Matter: 

### Particulate matter emissions 25 

### PM 10 

### emissions 15 

### PM2.5

### emissions 10 tpy ofdirect PM
,., emissions; 40 tpy ofsulfur dioxide emissions; 40 tpy of 

### nitrogen oxide emissions unless demonstrated not to be a PM
,., precursorunder Subsection [JAl] 

### WW of20.11.61.7 NMAC

Sulfur compounds Hydrogen sulfide (H,S) 10 Reduced sulfur compounds (inc!. H,S) 10 Sulfur dioxide 40 Sulfuric acid mist 7 Total reduced sulfur (inc!. H,S) 10 Any otherregulated new source review pollutant that is not listed in 

### Any 

### emission rate this table

20.11.61 NMAC 19Each regulated pollutant 

### Emission rate or net emissions increase associated 

### with a major stationary source
or major modification that causes an air

quality impact ofone microgram per cubic meter or greater (24-hr average) in

any Class I Federal area located within 10 

### Ian ofthe source. [20.11.61.27 NMAC

- Rp, 20.11.61.24 NMAC, 1/23/06; A, 8/30/10; A, 1/10/11]

20.11.61 NMAC 20

# ATTACHMENT B

Attachment B contains copies ofthe amended regulations submittedfor approval and update.

### TITLE 20 CHAPTER 11 PART 1 ENVIRONMENTAL PROTECTION ALBUQUERQUE

- BERNALILLO COUNTY AIR QUALITY CONTROL BOARD GENERAL PROVISIONS

20.11.1.1 ISSUINGAGENCY: Albuquerque

- Bernalillo County 

### Air Quality Control Board. P.O. Box 1293, Albuquerque, NM 87103. Telephone: (505) 768-2601. [6/14/71.

.. 12/1/95; 20.11.1.1 NMAC

- Rn, 20 NMAC 11.01.1.1, 10/1/02; A, 9/14/09]

20.11.1.2 SCOPE: A. 20.11.1 NMAC is applicable within Bernalillo county. 

### B. Exempt: 20.11.1 NMAC does not apply to sources withinBernalillo county, which are located

on Indian lands over which the Albuquerque

- Bernalillo county air quality control board lacksjurisdiction. [12/1/95

...8/1/96; 20.11.1.2 NMAC

- Rn, 20 NMAC 11.01.1.2, 10/1/02; A, 9/14/09]

20.11.1.3 STATUTORY AUTHORITY: 20.11.1 NMAC is adopted pursuant to the authority provided in the New Mexico 

### Air Quality Control Act, NMSA 1978 Sections 74-2-4, 74-2-5.C; 

### the Joint 

### Air Quality Control Board Ordinance, Bernalillo County Ordinance 94-5 Sections 3 & 

### 4; the Joint 

### Air Quality Control Board Ordinance, Revised Ordinances ofAlbuquerque 1994 Sections 9-5-1-3 & 

### 9-5-1-4. [6/14/71.

.. 12/1/95; 20.11.1.3 NMAC

- Rn., 

### 20 NMAC 11.01.1.3, 10/1/02; A, 

### 7/1/04; A, 9/14/09]

20.11.1.4 DURAnON: Permanent. [12/1/95; 20.11.1.4 NMAC

- Rn., 

### 20 NMAC 11.01.1.4, 10/1/02]

20.11.1.5 EFFECTIVE DATE: December I, 1995, unless a later date is cited at the end ofa section. The effective date ofa specific section is located at the end ofthat section within the historical brackets. As required by the New Mexico 

### Air Quality Control Act, Chapter 74, Article 2, Section 6 NMSA 1978, no regulation or emission control requirement or amendment thereto, orrepeal thereof, shall become effective until 30 days after its filing under the State Rules Act, Chapter 14, Article 4 NMSA 1978. [12/1/95

...8/1/96; 20.11.1.5 NMAC

- Rn., 

### 20 NMAC 11.01.1.5 & A, 

### 10/1/02; A, 

### 12/1/03; A, 7/1/04; A, 9/14/09]

20.11.1.6 OBJECTIVE: To provide definitions which are generally applicable to Albuquerque

- Bernalillo county air quality control board regulations. [12/1/95; 20.11.1.6 NMAC

- Rn., 

### 20 NMAC 11.01.1.6 & A, 

### 10/1/02; A, 7/1/04; A, 

### 9/14/09]

20.11.1.7 DEFINITIONS: The defmitions of20.11.1 NMAC applyunless there is a conflictbetween definitions in otherparts, in which case the defmition found in the applicable part shall govern. The definitions include the measurements, abbreviations, and acronyms in Subsection GGGG, of20.11. 1.7 NMAC. A. "Abnormal operating conditions" means the startup or shutdown ofair pollution control device(s) orprocess equipment. B. "AdminIstrator" means 

### the administrator ofthe United States enviromnental protection agency
orhis orher desiguee. 

### C. "Affected source" or "facility" means any stationary source, or any other source ofair pollutants, that must comply with an applicable requirement. D. 

### "Air agency", "department" or "EHD" means the enviromnental health department (EHD) of the city ofAlbuquerque. The EHD, orits successor agency or authority, as represented by the department director

orhis/her designee, is the lead airquality planning agency for the Albuquerque

- Bernalillo county nonattaimnent/maintenance area. The EHD serves as staffto the Albuquerque

- Bernalillo county air quality control board, (A-BC AQCB), and is responsible for the administration and enforcement ofthe A-BC AQCB regulations. 

### E. "Air contaminant" or "air

### pollutant" means an airpollution agent or combination ofsuch agents, including anyphysical, chemical, biological, radioactive (including source material, special nuclear material, and byproduct material) substance or maller which is emitted into orotherwise enters the ambient air. Such term includes any precursors to the formation ofany air pollutant; to the extentthe EPAhas identified such precursor or precursors for the purpose fur which 

### the term "airpollutant" is used. This excludes water vapor, nitrogen (N,), 

### oxygen (0,), and ethane. 

### F. "Air pollution" means the emission, exceptas such emission occurs in nature. into the outdoor atmosphere ofone or more air contaminants in such quantities and 

### duration as may with reasonable probability

20.11.1 NMACinjure human health, 

### animal or plant life, or as may unreasonably interfere with the public welfare, visibility or the reasonable use ofproperty. G. "Air quality control act" means the State ofNew Mexico 

### Air Quality Control Act, Chapter 74, Article 2, NMSA 1978 as amended. H. 

### "Air quality control board". "board" or "A-BC AQCB" means the Albuquerque

- Bernalillo county air quality control board, which is empowered 

### by federal**ac~** the 

### Air Quality Control**Ac~** and ordinances, to prevent or abate air pollution within the boundaries ofBernalillo county, except for Indian lands over which the board lacksjurisdiction. 

### I. "Allowableemissions" means: (I) Any department or federally enforceable permit termOr conditionwhich limits the quantity, rate,


### or concentration ofemissions ofairpollutants on a continuous basis, including 

### any requirements which limits the level ofopacity, prescribe**equipmen~** set fuel specifications, orprescribe operation or maintenance procedures for a
source to assure continuous reduction that are requested by the applicant and approved by the department or, detennined at the time ofissuance orrenewal ofa permit to be an applicable requirement. (2) Any federally enforceable emissions cap that the permittee has assumed to avoid an applicable requirement to which the source would otherwise be subject. 

### J. "Ambient" means that portionofthe atmosphere, external to buildings, to which the general public has access. K, "Applicable requirement" means any ofthe following (and includes requirements that have been promulgated or approved 

### by the boardor EPA through rulemaking): (I) any standard orother requirement provided for in the New Mexico state implementation plan approved by EPA, or promulgated by EPA through rulemaking, underTitle I, including Parts C or D, ofthe federal 

### act; (2) any term or conditionofany pre-constructionpermit issued pursuant to regulations approved or promulgated through rulemaking under Title I, including parts C orD, ofthe federal act; (3) any standard or other requirement: (a) under Section III or 112 ofthe federal act; (b) ofthe acid rain progmrnunder Title IV ofthe federal act or the regulations promulgated thereunder; (c) governing solid waste incinerationunder Section 129 ofthe federal act; (d) fur consumer and commercial products under Section 183(e) ofthe federal act; (e) ofthe regulations promulgated to protect stratospheric ozoneunderTitle VI ofthe federal act, unless the administrator has detennined that such requirements need not be contained in a Title V pennit; (4) anyrequirements established pursuant to Section 504(b) or Section 114(a)(3) ofthe federal act; (5) any national or state ambient air quality standard; (6) any increment or visibility requirementunderPart C ofTitle I ofthe federal act applicable to temporary sources pennitted pursuant to Section 504(e) ofthe federal act; (7) any regulation adopted 

### by the board in accordance with thejoint air quality control board ordinances pursuant to the 

### Air Quality Control Act, and the laws and regulations in effect pursuant to the 

### Air Quality Control Act. L. "Breakdown or upset" means any sudden, infrequent, and not reasonably preventable failure of 

### air pollution control equipment, or process equipment. which causes aprocess to not operate in anormal manner. Failures that are causedbyprocess imbalance, poor maintenance or careless operation are not breakdowns. M. "Carbon monoxide" or "CO" means a colorless, odorless, poisonous gas composed of molecules containing a single atom ofcarbon and a single atom ofoxygen with a molecular weightof28.0I g/mole. N. "Chemical process" means any manufacturing processing operation in which one or more changes in chemical composition or chemical properties are involved. O. "Coal burning equipment" means any'device used for the burning ofcoal for the primary purpose ofproducing heat Or power by indirect heat transfer in which the products ofcombustion do notcome into direct contact with other materials. P. "Commenced" means 

### that an owneror operator

### has undertaken a continuous program of construction or that an owneroroperatorhas entered into a binding agreement or contractual obligation to undertake 

### and complete, within areasonable time, a continuous program. ofconstruction or modification. Q. "Construction" means fabrication, erection, or installation ofan affected facility.

20.11.1 NMAC 

### 2

### R. "Crematory" means any combustion unit designed and used solely for cremating human or animal remains or parts and tissues thereof, and other items normally associated with the cremation process, but not including pathological waste. S. "Department" means the Albuquerque environmental health department, which 

### is the administrative agency ofthe Albuquerque

- Bernalillo county air quality control board. T. "Director" means the administrative head ofthe Albuquerque environmental health department or

a designated representative(s). U. "Emission limitation or standard" means a requirement established by EPA, the state implementationplan (SIP), the Air Quality Control Act, local ordinance, pennit, or board regulation, that limits the quantity, rate or concentration, or combination thereof, ofemissions ofregulated airpollutants on a continuous basis, including any requirements relating to the operation or maintenance ofa source to assure continuous reduction. 

### V. "EPA" means the United States environmental protection agency or the EPA's duly authorized representative. 

### W. "Excess emissions" means the emission ofan air contaminant, including afugitive emission, in

excess ofthe quantity, rate, opacity or concentration specified by an airquality regulation orpermit condition. 

### X. "Excess emissions report" means a report submitted by a stationary source at the request ofthe department in order to provide data onthe source's compliance with emission limits and operating parameters. 

### Y. "Federal act", "act" or "CAA" means the Federal Clean Air Act, 42 U.S.C. Section 7401 through 7671 et seq., as amended. 

### Z. "Federal class 

### I wilderne

.. areas" means areas designated by the EPA as such. Federal class 

### I wilderness areas within 100 kilometers ofBernalillo county are Bandelier wilderness, Pecos wilderness, and San Pedro Parks wilderness. AA. "Fluid" means either ofthe two states ofmatter, liquid or gaseous. BB. "Fugitive emissions" means any emissions which cannotreasonably pass through a stack, chimney, vent, or other functionally-equivalent opening or 

### is not otherwise collected, unless the emission is otherwise regulated bythe federal act, the AirQuality Control Act, orthe laws and regulation in effect pursuant to the act. CC. "Greenhouse gases" or "GHGo" means the airpollutant defmed in 

### § 86.1818-12(a) ofChapter I ofTitle 40 ofthe CFR, as the aggregate group ofsix greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. DD. "Grain" means thatunit ofweight, which is equivalent to 0.0648 

### grams. EE. "Hazardous air poUutant" means an air contaminant whichhas beenclassified pursuant to the federal act, the Air Quality Control Act, or laws and regulations in effectpursuant to the act. FF. "Hydrocarhons" or "HC" means any chemical compound ofa class ofaliphatic, cyclic, or aromatic chemical compounds containing mostlyhydrogen and carbon. Hydrocarbons are highly reactive in the presence ofnitrogen oxides and sunlight. All are precursors to more serious airpollutants suchas ozone and nitrogen dioxide. 

### GG. "Hydrogen sulfide" or "H,S" means the chemical compound containing two atoms ofhydrogen and one ofsulfur with a molecular weight of34.07 g/mole. 

### HH. "Incinerator" means any furnace used in the process ofburning solid waste for the purpose of reducing the volume, byremoving combustible matter. II. "Inedihle animal by-product processing" means operations primarily engaged in rendering, cooking, drying, dehydration, digesting, evaporating or concentrating ofanimal proteins and fats. 

### JJ. "Kraft 

### mill" means any pulping process, whichuses an alkaline solution for a cooking liquor. 

### KK. "Lead" or "Ph" means a heavy metal, with a molecularweight of207.l9 g/mole that is hazardous to health ifbreathed or swallowed. LL. "Malfunction" means any sudden and unavoidable failure ofair pollution control equipment or process equipmentbeyond the control ofthe owner or operator, including malfunction during startup or shutdown. A failure that is caused entirely or inpart by poor maintenance, careless operation, or any otherpreventable equipmentbreakdown shall not be considered a malfunction. 

### MM. "Modification" means any physical change in orchange in the method ofoperation ofa source that results in an increase in the potential emission rate ofany regulated aircontaminant emitted by the source or that results in the emission ofanyregulated air contaminant not previously emitted, butdoes not include: (1) a change in ownership ofthe source; (2) routine maintenance, 

### repair orreplacement;

20.11.1 NMAC 3(3) installation ofairpollution control equipment, and all related process equipment and materials necessary for its operation, undertaken for the purpose ofcomplying with regulations adopted by the environmental improvementboard or the local boardorpursuant to the federal act; or (4) unless previously limitedby enforceable permit conditions: (a) an increase in the production rate, ifsuch increase does not exceed the opemting design capacity ofthe soun:e; (b) an increase in the hours ofopemtion; or (c) use ofan alternative fuel or mw material if, prior to January 6, 1975, the source was capable ofaccommodating such fuel or raw material, or ifuse ofan alternate fuel or raw material is caused by any natural gas curtailment or emergency allocation or any other lack ofsupply ofnatural gas. NN. "New source" means any stationary source, the construction or modification ofwhich is commenced after the filing ofa regulation applicable to the statiouary soun:e. 00. "Nitrogen dioxide" or "NO," means a reddish brown, poisonous gas composed ofmolecules containing a single atomofnitrogen and two ofoxygen with a molecular weightof46.0 glmole. PP. "Nitrogen oxides or NOx" is a class ofchemicals containing varying quantities ofnitrogen and oxygen thatare created from combustion processes taking place at high temperatures and high pressures (e.g., inside automotive engine cylinders or in high temperature boilers). Examples ofnitrogen oxides are NO, NO" NO" N,O" and N,O,. Nitrogen oxides are also referred to as oxides ofnitrogen. 

### QQ. "NMAC" means New Mexico administrative code, which contains the rules adopted by all rulemaking agencies ofthe state ofNew Mexico and the rules adopted by the A-BC AQCB. 

### RR. "Open burning" means the combustionofany material without the following characteristics: (I) control ofcombustion air to maintain adequate temperature for efficient combustion; (2) containment ofthe combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion; and (3) emission controls for the gaseous combustion products. SS. "Operator" means the person(s) responsible for the overall opemtionofa soun:e. TT. "Owner" means the person(s) who owns a soun:e orpartofa source. UU. "Ozone or 0," means a**pungen~** colorless gas composed ofmolecules containing three atoms of oxygen with a molecular weightof48.0 glmole. VV. "Part" means the required NMAC designation for the nonnal division ofa chapter. A part consists ofa unified body ofrule material applying to a specific function or devoted to a specific subject matter. Structurally, a part is the equivalent ofa rule. WW. "Particulate matter" or "PM" means any airborne fmely divided solid or liquid material such as 

### dust, smoke, mist, fumes or smog found in 

### airor emissions. 

## xx. "Particulate matter emissions" means all fmely divided solid or liquid material, other than uncombined water, emitted to the ambient air as measured by the reference method in 40 CFR 60, Appendix A, Method 5, or an equivalent method approvedby the EPA. YV. "Pathological waste destructor" means any**equipmen~** which is used to dispose ofpathological
waste by combustion or otherprocess, which is approved by EPA. ZZ. "Performance test" means the data, which is the resultofa test perfonned as required by the department to detennine compliance. AAA. "Permit" means any permit or group of

### permits, modifications, renewals or revisions authorizing the construction or opemtion ofa stationary source pursuant to the fedeml act, the 

### Air QualityControl Act, or laws and regulations in effect pursuant to the act. BBB. "Permittee" means the owner oropemtor identified in any permit application orpermit. CCC. "Person" means any individual, partnership, finn, public or private corpomtion, association, trust, estate, political subdivision or agency, or any other legal entityor their legal representatives, agents or assigna. DOD. "Photochemical oxidants" means an air**pollutan~** which is fonned by the action ofsunlight on oxides ofnitrogen and hydrocarbons. EEE. "PM

.. ". "PM" "or "PM," means particulate matter with an aerodynamic diameter less than or equal to 10, 2.5, or I micrometers, respectively. FFF.**"PM,~** emissions" means finely divided solid or liquid material with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers emitted into the ambient air as measured by the reference method in 40 CFR Part 50, Appendix L, approved by the EPA.

20.11.1 NMAC 4"Regalated 

### air pollutant" means the following: any pollutant for which a national, state, or local ambient air quality standard has been GGG. "PM,. emissions" means finely divided solid or liquid material with an aerodynamic diameter less than or equal to a nominal 10 micrometers emitted into 

### the ambient air as measured by the reference method in 40 CFR Part 50, Appendix J and M, or equivalent method approved by the EPA. 

### HHH. "Pollution control device" or "air pollution control equipment" means any device, equipment, 

### process orcombination thereof, the operation ofwhich may limit, capture, reduce, confIne, orotherwise control regulated airpollutants or convert for the pwposes ofcontrol any regulated air pollutant to another fonn, another chemical or another physical state. This includes, but is not limited to, sulfur recovery units, acid plants, baghouses, precipitators, scrubbers, cyclones, water sprays, enclosures, catalytic converters, and steam or water injection. 

### III. "Portable stationary source" or "temporary stationary source" means a stationary source capable ofchanging its location with limiteddismantling or reassembly which is associated with a specific construction project or increased production demand. 

### JJJ. "Potential to emit" or "pre-controlled emission rate" means the maximum capacity ofa stationary source to emit any air contantinant under its physical and operational design. Any physical or operational limitation on the capacity ofa source to emit an airpollutant, including air pollution control equipment and restrictions on hours ofoperation or on the type or amount ofmaterial combusted, stored, or processed, shall be treated as part ofits design ifthe limitation is federally enforceable or is included in a permit issued by the department. However, the potential to emit for rtitrogen dioxide shall be based ontotal oxides ofnitrogen. 

### KKK. "Process eqalpment" means any equipment used for storing, handling, transporting, processing

or changing any materials whatsoever but excluding that equipment specifically defined in these regulations as incinerators, crematories, pathological waste destructors, pathological destructors and medical waste destructors. 

### LLL. "Process weight" means the total weight ofall materials introduced into any specific process, which causes any discharge ofaircontantinants into the atmosphere. Solid fuels introduced into any specific process will be considered as part ofthe process weight, but liquid and gaseous fuels and combustion airwill not. 

### MMM. "Process weight rate" means the hourly rate derived by dividing the total process weight by the number ofhours in one complete operation from the beginning ofany given process to the completion thereof, or from the beginrting to the completion ofa typical portion thereof, excluding any time during which the equipment is idle. NNN. (I) promulgated; 

### (2) any pollutant that is subject to any standard promulgatedunder Section 

### III ofthe federal act; 

### (3) any Class 

### I or 

### II substance subject to any standard promulgated under or established by Title 

### VI ofthe federal act; or (4) any pollutant subject to a standard promulgated under Section 112 or any other requirements established under Section 112 ofthe federal act. 

### 000. "Responsible official" means one ofthe following: (I) for a corporation: a president, secretary, 

### treasurer, or vice-president ofthe corporation in charge ofa principal business function, or any other person who perfonns similar policy ordecision-making functions for the corporation, or a duly authorized representative ofsuchperson ifthe representative is responsible for the overall operation ofone or more manufacturing, production, or operating facilities applying for, or subject to a permit and 

### either: (a) the facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or 

### (b) the delegation ofauthority to suchrepresentatives is approved in advance by the department; (2) for a partnenhlp or sole proprietonhlp: a general partner or the proprietor, respectively; 

### (3) for a municipality, state, federal or other public agency: either a principal executive officer or ranking elected official; for the purposes of20.11.1 NMAC, a principal executive officerofa federal agency includes the chiefexecutive officer having responsibility for the overall operations ofa principal geographic urtit of the agency (e.g., a regional admirtistrator ofEPA); or (4) for an acid rain source: (a) the designsted representative (as defmed in Section402(26) ofthe federal act) in so far as actions, standards, requirements, or prohibitions under Title 

### IV ofthe federal act or the regulations promulgated 

### thereunder are concerned; and (b) the designsted representative for any other pwposes under40 CFR Part 70.

20.11.1 NMAC 

### 5

### PPP. "Shutdown" means the cessation ofoperation ofany airpollution control equipment, orprocess equipment. 

### QQQ. [Reserved] 

### RRR. [Reserved] SSS. "Smoke" means small gas-borne particles resulting from incomplete combustion, consisting predominantly, but not exclusively, ofcaIbon, soot and combustible material. TTT. "Solid waste" means gaIbage; refuse; yard waste; food wastes; plastics; leather; rubber; sludge; and other discarded combustible or noncombustible waste, including solid, liquid, seruisolid; or contained gaseous material resulting from industrial, commercial, ruiuing, and agricultural operations, and from commwrity or residential activities, and from waste treatmentplants, water supply treatment plants, or airpollution control facilities; but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which arepoint sources subjectto pennitunder Section 402 ofthe Federal WaterPollution Control Act, or source, special nuclear, orbyproductmaterial as dermedby the Atoruic Energy Act. UUU. [Reserved] VVV. "Stack, chimney, vent, or duct" means any conduitor duct eruitting particulate or gaseous eruissions into the open air. WWW. "Standard conditions" means the conditions existing at a temperature of70° F (250 

### C) and pressure of 14.7 psia (760 mmHg). 

## xxx. "Standard cubic foot" means a measure ofthe volume ofone cubic foot ofgas at standard conditions. YVY. "Stnrtup" means setting into operation any airpollution control equipment, orprocess equipment. ZZZ. "Stationary source" means anybuilding, structure, facility orinstallation, which is either permanent or temporary, excluding a private residence, that eruits or may eruit any regulated airpollutant or any pollutantlistedunder Section 112(b) ofthe federal act, the 

### Air Quality Control Act, or the laws and regulations in effectpursuantto the act. Several buildings, structures, facilities, or installations, or any combinations will be treated as a single stationary source iftheybelong to the same industrial grouping, are located on one or more 

### contiguous or adjacentproperties, and are under the control ofthe same person, or persons, or are under common control. Pollutant-emitting activities sballbe treated as the same industrial grouping ifthey have the same first two digits ofan applicable standard industrial classification (SIC) code as described in the standard industrial classificationmanual, or ifthey have the same first three digits ofan applicable north american industry classification system (NAlCS) code. AAAA. 

### "Sulfurdioxide" or "SO," means a pungent, colorless, poisonous gas composed ofmolecules containing a single atomofsulfur and two atoms ofoxygen with a molecular weight of64.07 g1mole. BBBB. "Total reduced sulfur" means any combination ofsulfur compounds, except sulfur dioxide and free sulfur, which test as reduced sulfur, including, butnot limited to, hydrogen sulfide, methyl mercaptan, and ethyl mercaptan. CCCC. "Total suspended particulate" or "TSP" means particulate matter as measured by the method described in40 CFRPart 50, Appendix 

### B. DODD. "Vapors" means the gaseous form ofa substance, which exists inthe liquid or solid state at standard conditions. EEEE. "Visible eruisslon" means an emission thatcanbe seenbecause its opacity or optical density is above the threshold ofvision. FFFF. "Volatile organic compounds" or "VOC" means any compound ofcarl>on, excluding carbon 

### monoxide, carbondioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, which participates in atmospheric photocheruical reactions. (I) 

### VOC includes any such organic compound other than 

### the following, which have been determined tohave negligiblephotocheruical reactivity: methane; ethane; methylene chloride (dichloromethane); I, 1,1- trichloroethane (methyl chloroform); I,I,2-trichloro-l,2,2-trifluoroethane (CFC-113); trichlorofluoromethane (CFCII): dichlorodifluoromethane (CFC-12); chlorodifluoromethane (HCFC-22); trifluoromethane (HFC-23); 1,2- dichloro 1,1,2,2-tetrafluoroethane (CFC-114); chloropentafluoroethane (CFC-115); I,I,I-trifluoro 2,2- dichloroethane (HCFC-123); I, I, 1,2-tetrafluoroethane (HFC-134a); I,I-dichloro I-fluoroethane (HCFC-14Ib); 1- chloro I,I-difluoroethane (HCFC-142b); 2-chloro-I,I,I,2-tetrafluoroethane (HCFC-124); pentafluoroethane (HCFC-125); 1,1,2,2-tetrafluoroethane (HFC-134); I,I,I-trifluoroethane (HFC-143a); I,I-difluoroethane (HFC152a); parachlorobenzotrifluoride (PCBTF); cyclic, branched, or linear completely methylated siloxanes; acetone; perchloroethylene (tetrachloroethylene); 3,3-dichloro-l,I,I,2,2-pentafluoropropane (H

### CFC-225ca); 1,3-dichloro20.11.1 NMAC 6I,I,2,2,3-pentafluoropropane (HCFC-225cb); 1,1,1 ,2,3,4,4,5,5,5-decafluoropentane(HFC 43-1 Omee); difluoromethane(HFC-32); ethylfluoride (HFC-161); 1,1,1,3,3,3-hexafluoropropane (HFC-236fa); 1,1,2,2,3- pentafluoropropane (HFC-245ca); 1,1 ,2,3,3-pentafluoropropane (HFC-245ea); 1,1,I,2,3-pentafluoropropane (HFC245eb); 1,1,1,3,3-pentafluoropropane (HFC-245fa); 1,1,1,2,3,3-hexafluoropropane (HFC-236ea); 1,1,1,3,3- pentafluorobutane (HFC-365mfc); cWorofluoromethane (HCFC-31); I cWoro-l-fluoroethane (HCFC-15Ia); 1,2- dicWoro-l, 1,2-trifluoroethane (HCFC-123a); I, I, 1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (CJ'.OCH, or HFE7100); 2-(difluoromethoxymethyl)-I,I, 1,2,3,3,3-heptafluoropropane «CF,),CFCF,OCH,); I-ethoxyI,I,2,2,3,3,4,4,4-nonafluorobutane (CJ'.OC,H, orHFE-7200); 2-(ethoxydifluoromethyl)-I,I,I,2,3,3,3- heptafluoropropane «CF,),CFCF,OC,H,); methyl acetate; 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (nC,F70CH, or HFE-7000); 3-ethoxy-I,I,I,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane (HFE-7500); I,I,I,2,3,3,3-heptafluoropropane (HFC 227ea); methyl formate (HCOOCH,); 1,1,1,2,2,3,4,5,5,5-decafluoro-3- methoxy-4-trifluoromethyl-pentane (HFE-7300); propylene carbonate; dimethyl carbonate; andperfluorocarbon compounds which fall into these classes: (a) cyclic, branched, or linear, completelyfluorinated alkanes; 

### (b) cyclic, branched, or linear, completely fluorinated ethers with no unsaturations; (c) cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and (d) sulfur containingperfluorocarbons with no unsaturations 

### and with sulfurDonds ouly to carbon 

### and fluorine. (2) Forpurposes ofdetermining compliance with emissions limits, VOC will be measured by the test methods in the approved state implementation plan (SIP) or40 CFR Part 60, Appendix A, as applicable. Where such a method also measures compounds with negligible photochemical reactivity, these negligibility-reactive compounds maybe excluded as VOC ifthe amount ofsuch compounds is accurately quantified, and such exclusion is approved by the enforcement authority. (3) As a precondition to excluding these compounds as VOC or at any time thereafter, the enforcement authority mayrequire an owner oroperatorto provide monitoring or testing methods and results demonstrating, to the satisfaction ofthe enforcement authority, the amount ofnegligibly-reactive compounds in the source's emissions. (4) Forpurposes offederal enforcement for a specific source, the EPA shall use the test methods specified in the applicable EPA-approved SIP, in a permit issuedpursuant to a program approved orpromulgated under Title V ofthe act, or under40 CFR Part 51, Subpart I or Appendix S, orunder40 CFR Parts 52 or 60. The EPA shall not be bound by any state determination as to appropriate methods for testing or monitoring negligiblyreactive compounds ifsuch determination is not reflected in any ofthe above provisions. (5) The following compound(s) are VOC for purposes ofall recordkeeping, emissions reporting, photochemical dispersion modeling and inventory requirements which apply to VOC and shall be uniquely identified in emission reports, but are not VOC for purposes ofVOC emissions limitations or VOC content requirements: t-butyl acetate. (6) For the purposes ofdetermining compliance with California's aerosol coatings reactivity-based regulation, (as described in the California Code'ofRegulations, Title 17, Division 3, Chapter I, Subchapter 8.5, Article 3), any organic compound in the volatile portion ofan aerosol coating is counted towards thatproduct's reactivity-based limit. Therefore, the compounds identified in Subsection FFFF of20.11.1.7 NMAC as negligibly reactive and excluded from EPA's definition ofVOCs are to be counted towards a product's reactivity limit for the purposes ofdetermining compliance with California's aerosol coatings reactivity-based regulation. (7) For the purposes ofdetermining compliance with EPA's aerosol coatings reactivitybased regulation (as described in 40 CFR Part 59

- National Volatile Organic Compound Emission Standards for Consumer andCommercial Products) any organic compound inthe volatile portion ofan aerosol coating is counted towards the product's reactivity-based limit, as provided in 40 CFRPart 59, SubpartE. Therefore, the compounds that are used in aerosol coatingproducts 

### and that are identified in Subsection FFFF of20.11.1.7 NMAC as negligibly reactive and excluded from EPA's definition ofVOC are to be counted towards a product's reactivity limit for the purposes ofdetermining compliance with EPA's aerosol coatings reactivity-based national regulation,

as provided in 40 CFR Part 59, SubpartE. GGGG. "Measurements, abbreviations. and acronyms" A-Be AQCB-Albuquerque

- Bernalillo county air quality control board ABT-avemging, banking 

### and trading (program) 

### AIRS-aerometric infonnationretrieval system AMPA-Albuquerque metropolitanplanning area

20.11.1 NMAC 

### 7API-American petroleum institute AQIA-air quality impact assessment AQI-air quality index AQS-air quality services ASE-national institute for automotive service excellence ASTM-American society for testing and materials ATS-allowance tracking system BACT-best available control technology Bhp-brake horsepower Btu-British thermal unit C-Celsius CAA(A)-federal Clean 

### AirAct (Amendments) 

### CEM-continuous emission monitor CFC(s)-chiorofluorocarbon(s) cfh-cubic feet per hour dm-cubic feet per minute CFR-code offederal regulations CO,-carbon dioxide. CO-carbon monoxide. COG-mid-region council ofgovernments CMAQ-congestion mitigation and air quality

cu. in.-cubic inch(es) DER-discrete emission reduction DOE-department ofenergy DOT-U.S. department oftransportation DPM-developmentprocess manual DRB-development review board EA-environmental assessment EHD-environmental health department EI-emission inventory EIS-environmental impact statement EPA-U.S. environmental protection agency EPC-environmental planning commission ERC-emission reduction credit F-Fahrenheit FHWA-federal highway administration, DOT FMVCP-federal motor vehicle control program FR-federal register ft.-feet FTA-federal transit administration, DOT g-gram(s) glmole-grams per mole gal-U.S. gallon(s) GVW-gross vehicle weight GVWR-gross vehicle weight rating h-hour(s) HAP-hazardous air pollutants HC-hydrocarbon(s) Hg-mercury hp.-horsepower lIM-inspection/maintenance in.-inch(es) ISTEA-Intermodal Surface-Transportation EfficiencyAct (see SAFETEA-LU) K-Kelvin kg-kilogram(s) km-kilometer(s)



### 20.11.1 NMAC 8

### kPa-kilopascal(s) Ib.-pound(s) Ib/day-pounds per day Ib-ft-pound-feet Iblhr-pounds perhour Ib/yr-pounds per year LAER-lowest achievable emissionrate LNG-liquefied natural gas LPG-liquefied petroleum gas LRTP-long range transportation plan m-meter(s) MACT-maximum achievable control technology 

### max.-maximum MCO-manufacturer's certificate oforigin Jig-microgram Jigim 3

### -microgramper cubic meter mg-milligram(s) mgim3

### -milligramper cubic meter mi.-mile(s) min-minute(s) m1-milliliter(s) mm-millimeter(s) MMBlu-million Btu mmHg-millimeters ofmercury mph-miles perhour MPO-metropolitan planning organization MRCOG-mid-region council ofgovernments MSERC-mobile source emission reductioncredits MSMTC-mobile source modeling technical committee MTBE-methyl tertiarybutyl ether MVD-motor vehicle division MWe-megawatt electrical Nrnitrogen NAAQS-national ambient airquality standards NAMS-national air monitoring station NCore-national core multi-pollutant monitoring network NDIR-NonDispersive InfraRed NEPA-National Environmental PolicyAct NESCAUMIMARAMA-nortbeast states for coordinated airuse management/mid-atlantic regional air management 

### association NESHAP-national emission standards for hazardous air pollutants NIST-national institute ofstandards and technology NM-New Mexico NMAC-New Mexico administrative code NMSA-New Mexico statutes annotated NO-nitric oxide NOrnitrogen dioxide NOx-oxides ofnitrogen No-number NOV-notice ofviolation

. NMHC-non-methane hydrocarbons NSPS-new source performance standards NSR-new source review 

### O,-oxygen 

### 03·ozone OMTR-open market trading rule

20.11.1 NMAC 9OTAG-ozone transport assessment group OTC-ozone transport commission Pb-lead PIC-public involvement committee PM-particulate matter PM,,,-particulate matter less than 2.5 microns PMIO-particulate matter less than 10 microns ppm-parts per million by volume ppm C-parts per million, carbon PSD-prevention ofsignificant deterioration psi-pounds per square inch psia-pounds per square inch absolute psig-pounds per square inch gauge PTE-potential to emit PWD-pathological waste destructor QF-qualifying facility 

### R-Rankin RACT-reasonably available control technology R&D-research & development RECLAIM-regional clean air incentives market ROG-reactive organic gases rpm-revolutions perminute RTA-regional transit authority RTC-RECLAIM trading credit RVP-reid vapor pressure s-second(s) SAE-society ofautomotive engineers SAFETEA-LU-The Safe, Accountable, Flexible, EfficientTransportation Equity Act - A Legacy for Users SBAP-small business assistance program scr-standard cubic foot SI-international system ofunits SIP-state implementation plan SLAMS-state and local air monitoring station SMOG-SMoke 

### + fOG SO,-sulfur dioxide State DOT-New Mexico department oftransportation STIP-state transportation improvementprogram TCC-transportation coordinating committee TCM-transportation control measure TES-transportation evaluation study TIP-transportation improvement program TMA-transportation management association tonlyr-tons per year TPTG-transportation program tssk group tpy-tons per year TSP-total suspended particulate UPWP-unified planning workprogram UTPPB-urban transportation planning policy board U.S.-United States UV-ultraviolet VE-visible emission(s) VIN-vehicle identification number VMT-vehicle miles traveled VOC-volatile organic compounds VPMD-vehicle pollution management division %·percent

20.11.1 NMAC 10

## ,

O-degree(s) [3/21177

.. .11112/81, 11121181, 3/16/89, 6/16/92, 2/26/93, 9/23/94, 12/16/94, 12/1195,8/1/96; 20.11.1.7 NMAC

- Rn, 20 NMAC 11.0l.I.7, 10/1102; A, 7/1104; A, 9/14/09; A, 1110/11]

20.11.1.8 VARIANCES: [Reserved] [12/1195; 20.11.1.8 NMAC

- Rn, 20 NMAC I 1.0l.I.8, 10/1102]

20.11.1.9 SAVINGS CLAUSE: Any amendment to 20.11.1 NMAC which is filed with the state records
center shall not affect actions pending for violation ofa city or county ordinance, or 20.11.1 NMAC. Prosecution for a violationunder priorregulation wording shallbe governed andprosecutedunder the statute, ordinance, part or regulation section in effect at the time the violation was committed. [12/1195; 20.11.1.9 NMAC

- Rn, 20 NMAC 11.01.1.9, 10/1102; A, 9/14/09]

20.11.1.10 SEVERABILITY: Ifany section, paragraph, sentence, clause or word of20.11.1 NMAC or any fedeml standards incorporatedherein is for any reason held to be unconstitutional or otherwise invalid by any court, the decision shall not affect the validity ofremaining provisions of20.11.1 NMAC. [1211/95; 20.11.1.10 NMAC

- Rn, 20 NMAC I 1.0l.I. 10, 10/1102; A, 9/14/09]

20.11.1.11 DOCUMENTS: Documents incorporated

### and cited in 20.1 1.1 NMAC maybe viewed at the Albuquerque environmental healthdepartment, 400 Marquette NW, Albuquerque, NM. [12/1195; 20.11.1.1 I NMAC

- Rn, 20 NMAC 11.01.1.1 I & A, 10/1102; A, 9/14/09]

20.11.1.12 [Reserved] [12/1195; 20.11.1.12 NMAC

- Rn, 20 NMAC 11.01.1.12 & Repealed, 10/1/02; Rn, 20 NMAC 11.01.11.I, 10/1/02]

20.11.1.13 [Reserved] [11/12/81.

..3/24/82, 8/1196; 20.11.1.13 NMAC

- Rn, 20 NMAC 11.01.11.2, 10/1102; Repealed, 7/1104]

20.11.1.14 [Reserved] [3/24/82; 20.11.1.14 NMAC

- Rn, 20 NMAC 11.01.11.3, 10/1102; Repealed, 9/14/09]

HISTORY OF 20.11.1 NMAC: Pre-NMAC History: The material in this part was derived from that previously filed with 

### the Commission of Public Records

- State Records Center and Archives. Resolution No. I, AirPollution Control Regulations ofthe Albuquerque

- Bernalillo County Air Quality Control Board, 8/6/7I; Regulation No. I, AirPollution Control Regulations, 6/6/73; RegulationNo. I, AirPollution Control Regulations, 7/9/73; Regulation No. I, Air Pollution Control Regulations, 3/21/77; Regulation No. I, Resolutions

- Air Pollution Control Regulations, 3/24/82; Regulation No. I, Resolution

- Air Pollution Regulations, 6/18/86; Resolution No.2, Ambient Air Quality Standards ofthe Albuquerque

- Bernalillo County AirQuality Control Board,8/617I; Resolution No.2, Ambient AirQuality Standards ofthe Albuquerque

- Bernalillo County Air Quality Control Board,6/6/73; StandardNo. I, Ambient AirQuality Standards, 11112/81; Regulation No.2, Defmitions, 3/24/82; Regulation No.2, Defmitions, 1/3/85; Regulation No.2, Defmitions, 3/16/89; Regulation No.2, Defmitions, 11127/91; Regulation No.2, Defmitions, 6/16/92; Regulation No. 26, Interpretation, 3/24/82.

History ofRepealed Material: [RESERVED]

20.11.1 NMAC 11

### Other History: Regulatioo No. I, 

### Air Pollutioo Regulations, filed 6/18/86; Standard No. I, Ambieot

### Air Quality Standards, filed 11/12/81; RegulationNo.2, Definitions, filed 6/16/92; and Regulation No. 26, Intelpretation, filed 

### 3124/82; were all renumbered and reformatted into first version ofthe New Mexico Administrative Code as 20 NMAC 11.01, General Provisions, filed 10127/95. 20 NMAC 11.01, General Provisions, filed 10/27-95 was renumbered, reformatted, amended and replacedby 20.11.1 NMAC, General Provisions, effective 10/1/02.

20.11.1 NMAC 12 

### ,

### TITLE 20 CHAPTER 11 PART 42 ENVIRONMENTAL PROTECTION ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD OPERATING PERMITS

20.11.42.1 ISSUINGAGENCY: Albuquerque-Bernalillo County Air 

### Quality Control Board. P.O. Box 1293, Albuquerque, New Mexico 87103. Telephone: (505) 768-2601. 

### [3/1/94

. .. 1211/95; 20.11.42.1 NMAC

- Rn, 

### 20 NMAC 11.42.1.1, 

### 10/1/02; A, 

### 8110/09]

20.11.42.2 SCOPE: A. 20.11.42 NMAC sources: Operating permits mustbe obtained from the department for the following sources: (I) 

### any major source; (2) any source, including an area source, subject to a standard orotherrequirement promulgated under Section III

- Standards of PerformanceforNew Stationary Sources, 

### or Section 112

- NationalEmission StandardsforHazardousAirPollutants, 

### ofthe federal act, but not including any source which: (a) is exempted under Subparagraph (b), ofParagraph (I), 

### ofSubsectionC of20.11.42.2 NMAC;or (b) 

### wouldbe required to obtaina pemtit solelyhecause it is subjectto regulations or requirements under Section 112(r),Prevention of AccidentalReleases 

### ofthe federal act; (3) any acid rain source; and (4) any source in a source category so designated by the administrator, in whole or inpart, by regulation, after notice and comment. B. 

### Requirement for a permit: (I) 

### A 20.11.42 NMAC source may operate after the time that it is required to submit a timely and complete application under 20.11.42 NMAC only if: (a) the source is in compliance with anoperating permitissued by the department orEPA; or (b) 

### a timelypemtit (including pemtitrenewal) applicationhas been submitted consistent with Subsection A of20.11.42.12 NMAC; the ability to operateunder these circumstances shall cease 

### ifthe applicant fails to submitby the deadline specified in writingby the department any additional information identified as being needed to process the application. (2) Revocation or termination ofa pemtitby the department terminates the permittee's right to operate. (3) The submittal ofacomplete operating permit application shall not protect any source from any applicable requirement, including any requirement that the source have apre-constructionpermitunder Title I ofthe federal actorboard regulations. C. Source category exemptions and deferrals: (I) 

### The following source categories are exempted from the obligation to obtain an operating permit: (a) all sources and source categories that would be required to obtain a permit solelybecause they are subject to 40 CFR Part 60, SubpartAAA

- Standards of PerformanceforNewResidential WoodHeaters; (b) 

### all sources and source categories that would be required to obtain apermit solely because they are subjectto 40 CFR Part 61, SubpartM -NationalEmission StandardforHazardousAirPollutants for Asbestos, 

### Section 61.145, StandardforDemolition andRenovation; 

### (c) except as required under Section 20.11.42.14 NMAC, any SOurce that would be 

### required to obtain apemtit solely because ofemissions ofradionuclides; and (d) any source in a source**~ategory** 

### exemptedby the administrator, by regulation, after notice and comment. (2) Non-major sources, including those subject to Sections III or 112 ofthe federal act are exempt from the obligation to obtain a 20.11.42 NMAC permituntil the administrator completes arulemaking requiring such sources to obtainoperating pemtits. (3) Any source exempted from the requirement to obtain anoperating permitmay optto apply for a permitunder 20.11.42 NMAC. D. Reserved. E. Indian tribaljurisdiction: The requirements of20.11.42 NMAC do not apply to sources within Indian tribaljurisdiction. For the operation ofsources in thatjurisdiction, the applicant shall make such applications to the tribal authority or to the administrator, as appropriate.

20.11.42 NMAC I[3/1/94

. .. 1211/95; 20.11.42.2 NMAC

- Rn, 20 NMAC 11.42.1.2, 10/1/02; A, 8/10109]

20.11,42.3 STATUTORY AUTHORITY: 20.11.42 NMAC is adopted pursuant to the authorityprovided in the New Mexico Air Quality Control Act, NMSA 1978 Sections 74-2-4, 74-2-5.C; the Joint 

### Air Quality Control Board Ordinance, Bernalillo County Ordinance 94-5 Section4; and the Joint 

### Air Quality Control Board Ordinance, Revised Ordinances ofAlbuquerque 1994 Section 9-5-1-4. [3/1/94

. . . 12/1/95; 20.11.42.3 NMAC

- Rn, 20 NMAC 11.42.1.3, 10/1/02]

20.11.42.4 DURATION: Permanent. [12/1/95; 20.11.42.4 NMAC

- Rn, 20 NMAC 11.42.1.4, 10/1/02]

20.11.42.5 EFFECTIVE DATE: December I, 1995, unless a later date is cited at the end ofa section. [3/1/94; 20.11.42.5 NMAC

- Rn, 20 NMAC 11.42.1.5, 10/1/02; A, 8110109] [The effective date for interim approval ofthe operating permitprogram for Albuquerque-Bernalillo County, by the administrator, is March 13, 1995]

20.11.42.6 OBJECTIVE: To assure that major airpollution sources withinBernalillo county obtain an operating pennit setting forth minimum requirements and conditions ofoperationpursuant to Title V ofthe Clean 

### Air Act Amendments of 1990 (42 U.S.c. 7401, et seq.). [3/1/94

. . . 1211/95; 20.11.42.6 NMAC

- Rn, 20 NMAC 11.42.1.6, 10/1/02; A, 8/10109]

20.11.42.7 DEFINITIONS: In addition to the definitions in 20.11.42.7 NMAC, the definitions in 20.11.1 NMAC apply unless there is a conflictbetween definitions, in which case the definition in20.11.42 NMAC shall govern. A. "Acid rain source" has the meaning given to "affected source" in the regulations promulgated underTitle IV ofthe federal act, and includes all sources subject to Title IV. B. "Affected programs" means the state ofNewMexico and Indian tribes and pueblos that are within 50 miles ofthe source. C. 

### "Air pollutant" means an air pOllution agent or combination ofsuch agents, including any physical, chemical, biological, radioactive (including source material, special nuclear material, and byproduct material) substance or malter, which is emitted into orotherwise, enters the ambient air. Such

### term includes any precursors to the formation ofany airpollutant; to the extent the administrator has identifled suchprecursor or precursors for the purpose for which the term "airpollutant" is used. This excludes water vapor, nitrogen (N,), oxygen 

### (0,) and ethane. 

### D. "Airpollution control equipment" means any device, equipment, process or combination thereof, the operation ofwhich would limit, capture, reduce, conflne, or otherwise control regulated airpollutants or convert for the purposes ofcontrol anyregulated airpollutant to another form, another chemical or another physical state. This includes, but is not limited to, sulfurrecovery units, acidplants, baghouses, precipitators, scrubbers, 

### cyclones, water sprays, enclosures, catalytic converters, and steam or water injection. E, "Applicable requirement" means all ofthe following, as they apply to emissions units at a 20.11.42 NMAC source (including requirements that have been promulgated or approved by the board orEPA through rulemaking at the time ofpennit issuance but have future-effective compliance dates): (I) any standard or other requirement provided for in the NewMexico state implementation plan approved by EPA, or promulgated by EPA through rulemaking, underTitle I ofthe federal act to implement the relevant requirements ofthe federal act, including anyrevisions to that plan promulgated in 40 CFR, Part 52; (2) any term orcondition ofanypre-construction permit issued pursuant to regulations approved or promulgated through rulemaking underTitle I, including Parts C or D, ofthe federal act, unless that term or condition is determinedby the department to be no longerpertinent; (3) any standard orotherrequirement under Section III ofthe federal act, including Section 111(d); (4) any standard orotherrequirement under Section 112 ofthe federal act, including any requirement concerning accident preventionunder Section 112(r)(7) ofthe federal act; (5) any standard or otherrequirement ofthe acid rain programunder Title IV ofthe federal act or the regulations promulgated thereunder; (6) any requirements establishedpursuant to Section 504(b) or Section 1I4(a)(3) ofthe federal act; (7) any standard orotherrequirement under Section 126(a)(I) and (c) ofthe federal act;

20.11.42 NMAC 2(8) any standardorotherrequirement governing solid waste incinerationunder Section 129 ofthe federal act; (9) any standard or otherrequirement for consumer and commercial products, under Section 183(e) ofthe federal act; (10) any standard or otherrequirement for tankvessels under Section 183(f) ofthe federal act; (II) any standard or otherrequirement ofthe program to control airpollution from outer continental sbelfsources, under Section 328 ofthe federal act; (12) any standard orotherrequirement oftbe regulations promulgated to protect stratospberic ozone under Title VI ofthe federal act, unless the administrator has determined that sucb requirements need not be contained in a Title V permit; (13) any natioual ambient air quality standard, or any increment or visibility requirement under Pan C ofTitle I ofthe federal act, but only as it would apply to temporary sources permittedpursuant to Section 504(e) ofthe federal act; and (14) any regulation adopted by the board in accordance with thejoint air quality control board ordinances pursuant to the New Mexico 

### Air Quality Control Act, 74-2-5.B NMSA 1978. F. "Department" means the Albuquerque environmental bealth department or its successor agency
or authority, as represented by the department director or his orber designee. G. "Draft permit" means a version ofa permit, for whicb the department offers for public participationunder Subsection B of20.11.42.13 NMAC or affected program review under Subsection C of 20.11.42.13 NMAC. H. "Emission limitation" means a requirement establisbed by EPA, the board, or the department, that limits the quantity, rate or concentration, or combination thereof, ofemissions ofregulated airpollutants on a continuous basis, including any requirements relating to the operationor maintenance ofa source to assure 

### continuous reduction. I. "Emissions allowable under the permit" means: 

### (I) any federally enforceable permit term or condition determined at issuance to be required by an applicable requirement that establishes an emission limit (including a workpractice standard); or (2) any federally enforceable emissions cap that the permittee

### has assumed to avoid an applicable requirement to which the source would otherwise be subject. 

### J. "Emissions unit" means any pan or activity ofa stationary source that emits or

### has the potential to emit any regulated airpollutant or any air pollutant listedpursuant to Section 112(b) ofthe federal act. This term is not meant to alter or affect the definition ofthe term "unit" for purposes ofTitle IV ofthe federal act. 

### K. "Federal act" means the federal Clean 

### AirAct, as amended, 42 U.S.C. Section 7401, et seq. L. "Federally enforceable" means all limitations and conditions which are enforceable by the administrator, including those requirements developedpursuant to 40 CFR Parts 60 and 61, requirements within the New Mexico state implementationplan, 

### and any permitrequirements established pursuant to 40 CFR 52.21 orunder regulations approved pursuant to 40 CFR Pan 51, Subpan I, including 40 CFR 51.165 and40 CFR 51.166. M. "Final permit" means the version ofan operating permit issued bythe depanment that has met all review requirements ofSection 20.11.42.13 NMAC. N. "Fugitive emissions" are those emissions, which could not reasonablypass through a stack, cbinmey, vent, or other functionally equivalent opening. O. "General permit" means an operating permit that meets the requirements ofSubsection D of 20.11.42.12 NMAC. P. "Greenhouse gases" or "GHGo" means the air pollutant defmed in 

### § 86.1818-12(a) ofChapter I ofTitle 40 ofthe CFR, as the aggregate group ofsix greenhouse gases: carbondioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. 

### Q. "Hazardous air pollutant" means an air contaminant that

### has been classified as a hazardous air pollutantpursuant to the federal act. 

### R. "Insignificant activities" means those activities listed by the department and approved by the 

### administrator as insignificant on the basis ofsize, emissions orproduction rate. S. "Major source" means any stationary source (or any group ofstationary sources that are located

on one or more contiguous or adjacentproperties, and are under common control ofthe same person(s» in which all ofthe pollutant emitting activities at such source belong to the same major group (i.e., allhave the same two-digit code), as described in the 

### standard industrial classification manual, 1987, and that is described inparagraphs 

### (I), (2), or (3) below. 

### (I) A major source under Section 112 ofthe federal act, which is defined as:

20.11.42 NMAC 3(a) for pollutants other than mdionuclides, any stationary source or group ofstationary sources located within a contiguous area and under common control that emits or has the potential to emit, in 

### the aggregate, 10 tons per year or more ofany hazardous air pollutant which has been listed pursuant to Section 112 (b) ofthe federal act, 25 tons per yearor more ofany combination ofsuch hazardous air pollutants, or such lesser quantity as the administrator may establishby rule; notwithstanding the preceding sentence, emissions from any oil or gas explomtion orproduction well (with its associated equipment) and emissions from any pipeline compressoror pump station shall notbe aggregated with emissions from other similar units, whether or not such units are in a contiguous



### area orUndercommon control, to determine whether suchunits or stations are major sources; or (b) for mdionuclides, "major source" shall have the meaning specifiedby the administratorby rule. (2) A major stationary source ofair pollutants, as defined in Section 302 ofthe act, that directly emits

or has the potential to emit, 100 tons peryearor more ofany air pollutant subject to regulation (including any major

source offugitive emissions ofany suchpollutant, as determined by rule by the administrator). 

### The fugitive emissions ofa stationary source shall not be considered in determining whether it is a major stationary source for the purposes ofSection 302(j) ofthe act, unless the source belongs to one ofthe following categories ofstationary



### sources: (a) coal cleaning plants (with thermal dryers); 

### (b) 

### kraft pulp mills; (c) portland cement plants; (d) primary zinc smelters; (e) iron and steelmills; (I) primary aluminum ore reductionplants; (g) primary copper smelters; (h) municipal incinerators capable ofcbarging more than 250 tons ofrefuse per day; (i) hydrofluoric, sulfuric, ornitric acid plants; (j) petroleum refineries; (k) lime plants; (I) phosphate rock processing plants; (m) coke ovenbatteries; (n) sulfur recovery plants; (0) carbon blackplants (furnace process); (p) primary lead smelters; 

### (q) fuel conversion plant; (r) sintering plants; (s) secondary metal production plants; (t) chemical process plants

- the termchemical processing plant shall not include ethanol production facilities thatproduce ethanolby natural fermentation included inNAICS codes 325193 or 312140; (u) fossil-fuel boilers (or combination thereol) totaling more than 250 million British thermal units per hour heat input; (v) petroleum stomge and transferunits with a total storage capacity exceeding 300,000 barrels; (w) taconite ore processing plants; (x) glass fiber processing plants; (y) charcoal production plants; (z) fossil fuel-fired stearn electric plants ofmore than 250 million British thermal units per hour heat input; or (aa) any other stationary source category, which as ofAugust 7, 1980, is being regulated under Section III or 112 ofthe fedeml act. (3) A major stationary source as defined in Part 0 ofTitle Iofthe federal act, including: (a) fur ozone non-attainmentareas, sources with the potential to emit 100 tons peryearOr more ofvolatile 

### organic compounds or nitrogenoxides in 

### areas classified as "marginal" or "moderate", 50 tons peryearor
more in areas classified as "serious", 25 

### tons per year ormore in 

### areas classified as "severe", and 10 tons per year or

more in areas classified as "extreme"; except that the references in Paragraph (3) ofSubsection S of20.11.42.7 NMAC to 100, 50, 25, and 10 tons per yearofnitrogen oxides shall not apply to any source for which the administrator has made a finding, under Section 182(1)(1) or (2) ofthe federal act, thatrequirements under Section 182(1) ofthe act do not apply;

20.11.42 NMAC 4

### (b) for ozone transport regions established pursuantto Section 184 ofthe federal act, sources with the potential to emit 50 tons per year or more ofvolatile organic compounds; (c) for carbonmonoxide non-attainment areas: (i) that are classified as "serious"; and (ii) in which stationary sources contribute significantly to carbon monoxide levels as determined under rules issued by the administrator, sources with the potential to emit 50 tons per year or more of carbon monoxide; and (d) for particulate malter (PM

### 10) non-attainment areas classified as "serious", sources withthe potential to emit 70 tons peryear ormore ofPM IO• T. "Operating permit" or "permit" means any permit orgroup ofpermits covering a source that 

### is issued, renewed, modified or revised pursuant to 20.11.42 NMAC. U. "Operator" means the person(s) responsible for the overall operation ofa facility. V. "Owner" means the person(s) who owns a facility orpartofa facility. W. "Permit modification" means a revision to an operating permit that meets the requirements of significant permit modifications, minorpermit modifications, or administrativepermit amendments, as defined in Subsection E of20.11.42.13 NMAC. 

### X. "Permittee" means the owner, operatororresponsible official at a pennilted 20.11.42 NMAC
source, as identified in any pennit application or modification. 

### Y. "Penon" includes any individual, partnefllhip, corporation, association, state orpolitical subdivision ofa state, and any agency, department or instrumentality ofthe United States, and any oftheir officefll, agents or employees. 

### Z. "Potential to emit" means the maximum capacity ofa stationary source to emit any air pollutant under its physical and operational design. Any physical or operational limitation on the capacity ofa source to emit

an airpollutant, including air pollutioncontrol equipment andrestrictions on hours ofoperationor on the type or amount ofmaterial combusted, stored, orprocessed, shall be treated as part ofits design ifthe limitation is federally enforceable. The potential to emit for nitrogen dioxide shall be based on total oxides ofnitrogen. AA. "Proposed permit" means the vCfllion ofa permit that the departmentproposes to issue and forwards to the administrator for review in compliance with Subsection C of20.11.42.13 NMAC. RR. "Regulated air pollutant" means the following: (I) nitrogen oxides, total suspendedparticulate malter, or any volatile organic compounds; (2) any pollutant for which a national ambient airquality standard 

### has beenpromulgated; (3) any pollutant that 

### is subject to any standard promulgated under Section III ofthe federal act; (4) any class I or II substance subject to any standardpromulgatedunder or established by Title VI of the federal act; (5) any pollutant subject to a standardpromulgatedunder Section 112 or any other requirements establishedunder Section 112 ofthe federal act, including: (a) any pollutant subject to requirements under Section 112m ofthe federal act; ifthe administrator fails to promulgate a standard by the date establishedpursuant to Section 112(e) ofthe federal act, any pollutant for which a subject source would be a major source shall be considered to be regnlated on the date 18 montha after the applicable date establishedpUflluant to Section 112(e) ofthe federal act; and 

### (b) any pollutant for which the requirements ofSection 112(g)(2) ofthe federal act have been met, but only with respect to the individual source subject to a Section 112(g)(2) requirement; or (6) any otherpollutant "subjectto regnlation" as defined in Subsection II of20.11.42.7 NMAC. 

### CC. "Renewal" means the process by which a permit is reissued at the endofits term. 

### DO. "Responsible ofllcial" means one ofthe following: 

### (I) For a corporation: a president, secretary, treasurer, or vice-presidentofthe corporation in charge ofa principal business function, or any otherperson who performs similarpolicy or decision-making functions for the corporation, ora duly authorized representative ofsuchpefllon ifthe representative is responsible for the overall operation ofone ormore manufacturing, production, or operating facilities applying for or subject to a pennit and 

### either: (a) the facilities employ more than 250 persons orhave gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or 

### (b) the delegation ofauthority to such representatives is approved in advance by the department. (2) For apartnCfllhip or sole proprietofllhip: a general partner or theproprietor, respectively.

20.11.42 NMAC 5(3) Fora municipality, state, federal or otherpublic agency; either a principal executive officer or ranking elected official. For the purposes of20.11.42 NMAC, a principal executive officer ofa federal agency includes the chiefexecutive officer having responsibility for the overall operations ofa principal geographic unit of the agency (e.g., a regional administrator ofEPA). (4) For ao acid raio source; (a) the designated representative (as defmed io Section 402(26) ofthe federal act) io so far as actions, standards, requirements, orprohibitions under Title IV ofthe federal act or the regulations promulgated thereunder are concemed; aod (b) the designated representative fur aoy otherpurposes under 40 CFR, Part 70. EE. "Section S02(b)(lO) changes" are cbaoges that contravene ao express permit term. Such cbaoges do not ioclude cbaoges that would violate applicable requirements or contravene permit terms aod conditions that

are monitoring (iocludiog test methods), record keepiog, reportiog, or compliaoce certificationrequirements. FF. "Shutdown" meaos the cessation ofoperation ofaoy airpollution control**equipmen~** process equipment orprocess fur aoy purpose. GG. "Startup" meaos the settiog into operation ofaoy air pollution control equipment, process equipment or process for aoy purpose. UU. "Stationary source" or "source" meaos anybuildiog, structure, facility, oriostallation that emits

or may emit aoyregulated airpollutant or aoy pollutant listed under Section 112(b) ofthe federal act. 

# n. "Subjectto regulation" meaos, for any airpollutant, that the pollutant is subject to either a provision io the CleaoAir Act, or a nationally-applicable regulation codified by the administrator io Subchapter C of 40 CFR Chapter I, that requires actual control ofthe quantity ofentissions ofthat pollutant, aod that such a control requirement has takenefIect aod is operative to control, lintit orrestrict the quaotity ofentissions ofthat pollutant released from the regulated activity. Except that: (I) "Greenhouse gases" (GHGs), shall not be subject to regulation unless, as ofJuly 1,2011, the GHG entissions are at a stationary source entittiog orhaving the potential to entit 100,000 lpy CO, equivalent emissions. (2) The tenn "lpyCO, equivalent entissions" (CO,e) shall represent ao amount ofGHGs entitted, aod shall be computed by multiplyiog the mass amount ofemissions (lpy), for each ofthe six greenhouse gases in the pollutant GHGs, bythe gas's associated global warnting potential published at Table A-I to Subpart A of40 CFR Part 98. 

### Global Wanning Potentials, aod sumnting the resultant value for each to compute alpy CO,e. 

### JJ. "Subsidiary" meaos a busioess concern which is owned or controlled by, or is a partner of, the applicaot orpermittee. 

### KK. "Title I modification" meaos aoy modificationunder Sections III or 112 ofthe federal act and aoy physical cbaoge or change io method ofoperations that is subject to the pre-construction regulations promulgated under Parts C aod D ofthe federal acl. [3/1/94

... 12/1/95; 20.11.42.7 NMAC

- Rn, 20 NMAC 11.42.1.7, 10/1/02; A, 2/1/03; A, 8/10/09; A, 1/10/11]

20.11.42.S VARlANCES: In accordaoce with thejoiotair quality control board ordioances pursuaotto the New Mexico 

### Air QualityControl Act Section 74-2-8 NMSA 1978, applicaots aod permittee's may seek a variaoce from the non-federally enforceable provisions of20.11.42 NMAC. [3/1/94

... 12/1/95; 20.11.42.8 NMAC

- Ro, 20 NMAC 11.42.1.8, 10/1/02; A, 8/10/09]

20.11.42.9 SAVINGS CLAUSE: Any amendment to 20.11.42 NMAC, which is filed, with the state records center shall notafIect actions pending for violation ofa city or county ordinaoce, or 20.11.42 NMAC. Prosecution for a violation underpriorregulation wording shall be governed aod prosecuted under the statute, ordioance, part or regulation section io efIectat the time the violation was comntitted. [12/16/94

... 12/1/95; 20.11.42.9 NMAC

- Ro, 20 NMAC 11.42.1.9, 10/1/02; A, 8/10/09]

20.11.42.10 SEVERABILITY: Ifaoy section, paragraph, sentence, clause, or word of20.11.42 NMAC is for aoyreason held to be unconstitutional or otherwise iovalid by aoy court, the decision shall not affect the validity of remaioiog provisions of20.11.42 NMAC. [12/16/94

... 12/1/95; 20.11.42.10 NMAC

- Ro, 20 NMAC 11.42.I.lO, 10/1/02; A, 8/10/09]

20.11.42.11 DOCUMENTS: Documents iocorporated aod cited io 20.1 1.42 NMAC maybe viewed at the Albuquerque Environmental Health Department, 400 Marquette NW, Albuquerque, NM. [12/1/95; 20.1 1.42.11 NMAC

- Rn, 20 NMAC I 1.42.I.lI & A, 10/1/02; A, 8/10/09]

20.11.42 NMAC 6

### 20.11.42.12 PERMITREQUIREMENTS: A. Permit applications: (I) Dnty to apply. For each 20.11.42 NMAC source, the owner or operator shall submit a timely and complete permit application in accordance with 20.11.42 NMAC. (2) Timely application. (a) A timely application is: (i) for fIrst time applications, one that is submitted within 12 months after the source
commences operation as a 20.11.42 NMAC source; (ii) for purposes ofpermitrenewal, one that is submitted at least 12 months prior to the date ofpermit expiration;(iii) for the acid rainportion ofpermit applications for initial phase II acid 

### rain sources under Title IV ofthe federal act, byJanuary I, 1996 for sulfur dioxide, and byJanuary I, 1998 for nitrogen oxides. (b) Reserved. (3) Completeness ofappllcation. (a) To be deemed complete, an application mustprovide all information required pursuant to Paragraph (4), ofSubsection A of20.11.42.12 NMAC, except that applications for permit modifIcations need supply such information only ifit is related 

### to the proposed change. (b) If, while processing an application, regardless ofwhether it 

### has been determined or deemed to be complete, the department determines that additional information is necessary to evaluate or 

### take fInal action on that application, it may request such information in writing and set a reasonable deadline for a response. (c) Any applicant who fails to submit anyrelevant facts or who 

### has submitted incorrect information in a permit applicationor in a supplemental submittal shall, upon becoming aware ofsuchfailure or incorrect submittal, promptly submit such supplementary facts or corrected information. In addition, an applicant shall provide further information as necessary to address any requirements that become applicable to the source after the date it fIled a complete application butprior to release ofa draft permit. (d) The applicant's abilityto operate without a permit, as set forth in Subparagraph (b), of Paragraph 

### (I), ofSubsection B of20.11.42.2 NMAC, shall be in effect from the date a timely application is submitted until the fInal permit is issued or disapproved, provided that the applicant adequately submits any requested additional information by the deadline specifIed bythe department. (4) Content ofappllcation. Anyperson seeking a permit under 20.11.42 NMAC shall do so by fIling a written application with the department. The applicant shall submit 

### three copies ofthe permit application, or more, as requested by the department. An applicant may not omit information needed to determine the applicability of, or to impose, any applicable requirement, or to evaluate the fee amount required under 20.11.2 NMAC, 

### Fees. Fugitive emissions shall 

### be included in the permit application in the same manner as stack emissions, regardless of whether the source category in question is included in the list ofsources contained in the defInition ofmajor source. All applications shall: (a) be made on forms fornished by the department. which for the acid 

### rain portions ofpermit applications and compliance plans shall be on nationally-standardized forms to the extentrequired byregulations promulgated underTitle IV ofthe federal act; (b) state the company's name and address (and, ifdifferent, plant name 

### and address), together with the names and addresses ofthe owner(s), responsible official and the operator ofthe source, any subsidiaries or parent companies, the company's state ofincorporation orprincipal registration to do business and corporate or partnership relationship to other permittee's subject to 20.11.42 NMAC, and the telephone numbers and names of the owners' agent(s) and the site contact(s) familiar with plant operations; (c) state the date ofthe application; (d) include a description ofthe source's processes and products (by standard industrial classifIcation code) including any associated with alternative scenarios identifIed bythe applicant, and a map, such

as the 7.5 minute topographic quadrangle map published by the United States geological surveyor the most detailed map available showing the exact location ofthe source; the location shall be identifIed by latitude and longitude or by UTM coordinates; (e) for all emissions ofall airpollutants for which the source is major and all emissions of regulated airpollutants, provide all emissions information, calculations and computations for the source and for each emissions unit, except for insignifIcant activities (as defIned in Subsection R of20.11.42.7 NMAC); this shall include:

20.11.42 NMAC 

### 7

### (i) a process flow sheet ofall components ofthe facility which would be involved in 

### routine operations and emissions; (ii) identification and description ofall emission points in sufficient detail to establish the basis for fees and applicability ofrequirements ofthe state and federal acts; (iii) emissions rates in tons per 

### year, pounds perhour and otherterms necessary to establish compliance consistent with the applicable standard reference test method; (iv) specific information such as that regarding fuels, fuel use, raw materials, or production rates, to 

### the extent it is needed to determine orregulate emissions; (v) identification and full description, including all calculations and the basis for all control efficiencies presented, ofairpollution control equipment and compliance monitoring devices oractivities; (vi) the maximum and standard operating schedules ofthe source, as well as any work practice standards or limitations on source operation which affect emissions ofregulated pollutants; (vii) anoperational plan defining the measures to be taken to mitigate source emissions during startups, shutdowns and emergencies; (viii) otherrelevant information as the department may reasonably require or which are required by any applicable requirements (including informationrelated to stackheight limitations developed pursuant to Section 123 ofthe federal act); and (ix) 

### for each alternative operating scenario identified by the applicant, all ofthe information required in Items (i) through (viii) above, as well as additional information determined to be necessary by the department to define such alternative operating scenarios; (I) 

### provide a list ofinsignificant activities (as defined in Subsection R of20.11.42.7 NMAC) at the source, their emissions, to the extentrequiredby the department, and any information necessary to 

### determine applicable requirements; (g) 

### provide a citation and description ofall applicable air pollution control requirements, including; (i) sufficient information related to the emissions ofregulated airpollutants to verify the requirements that are applicable to the source; and (ii) a description oforreference to 

### any applicable test method for determining compliance with each applicable requirement; (h) provide an explanation ofany proposed exemptions from otherwise applicable 

### requirements; (i) provide other specific information that may be necessary to implement and enforce other requirements ofthe state or federal acts or to 

### determine the applicability ofsuch requirements, including information necessary to collect any fees owed under 20.11.2 NMAC, 

### Fees; 

## OJ for applications which; (i) are required pursuant to the transition schedule in Subparagraph (b), ofParagraph (2), ofSubsection A of20.11.42.12 NMAC; or (ii) for subsequent applications or modifications, where emissions or anticipated 

### emissions have increased since modeling for 8 

### modification ornew source construction was reviewed under 20.11.41 NMAC or 20.11.42 NMAC; submit a dispersionmodeling analysis, using EPA approved models and procedures, showing whether emissions from the source would cause air pollutant concentrations in excess ofany New Mexico ambient air quality standard for nitrogen oxides, sulfur oxides, total suspendedparticulates or non· methane hydrocarbons, orany national ambient air quality standard; air pollutants that are not emitted in significant amounts (as dermed in 40 CFR 52.21(b)(23)(i)) during routine operations need not be modeled; the department may waive modeling with respect to ozone ifthe department determines that emissions from the source are not likely to caUSe ozone concentrations in excess ofthe national ambient air quality standard; (k) provide certification ofcompliance, including: (i) a certification, by a responsible official consistent with Paragraph (5), ofSubsection A of20.11.42.12 NMAC ofthe source's compliance status for each applicable requirement; (ii) a statement ofmethods used for determining compliance, including a description of monitoring, recordkeeping, and reporting requirements and test methods; (iii) a statement that the source will continue to be in compliance with applicable reqnirements for which it is in compliance, and will, in a timely manner or at such schedule expressly required by the applicable requirement, meet additional applicable requirements thatbecome effective during the permit term;

20.11.42 NMAC 8federal act. 

### C. (I) (iv) a schedule for submissionofcompliance certifications during the permit term, to be submitted no less frequently 

### than annually, or more frequently ifspecified by the underlying applicable requirement

orby the department; and (v) a statement indicating the source's compliance status with any enhanced monitoring and compliance certificationrequirements ofthe federal act; (I) for sources that are not in compliance with al1 applicable requirements at the time ofpermit application, provide a compliance plan thatcontains: (i) a description ofthe compliance status ofthe source with respect to all applicable 

### requirements; (ii) a narrative description ofhow the source will achieve compliance with such requirements for which it is not in compliance; (iii) a schedule ofremedial measures, including an enforceable sequence ofactions with milestones, leading to compliance with such applicable requirements; the schedule ofcompliance shall be at least as stringent as that contained in any consent decree or administrative order to which the source is subject, and the obligations ofany consent decree or administrative order shall not be in any way diminished bythe schedule of compliance; any such schedule ofcompliance shall be supplemental tO,and shall not prohibit 

### the department from taking any enforcement action for noncompliance with, the applicable requirements on which it is based; (iv) a schedule for submission ofcertifiedprogress reports no less frequently than every 

### sixmonths; and (v) for the portion ofeach acid rain source subject to the acid rainprovisions ofTitle IV ofthe federal act, the compliance plan content requirements specified inthis paragraph, except as specifically supersededbyregulations promulgated underTitle IV ofthe federal act withregard to the schedule and method(s) the source willuse to achieve compliance with the acid rain emissions limitations. (5) Certification. Any document, including any application fonn, report, or compliance certification, submittedpursuant to 20.11.42 NMAC shall contain certificationby a responsible official oftrutb, accuracy, and completeness. This certification and any other certification required under this regulation shal1 state that, based on information and beliefformed after reasonable inquiry, the statements and information in the document are true, accurate, and complete. B. Confidential information protection: (I) All confidentiality claims made regarding material submitted to the department under 20.11.42 NMAC shall be reviewed in accordance with the provisions ofthejoint air quality controlboard ordinances pursuant to the New Mexico 

### Air Quality Control Act Section 74-2-11 NMSA 1978 and the New Mexico Inspection ofPublic Records Act, Section 14-2-1, et seq. NMSA 1978. (2) In the case where an applicant orpermittee 

### bas submitted information to the department under a claimofconfidentiality, the department may also require the applicant orpermittee to submit a copy ofsuch information directly to the administrator. (3) An operating permit is a public record, and not entitled to protection under Section 114(c) ofthe

Permit content: Permit conditions. (a) 

### The department shall specify conditions upon a permit, including emission limitations and sufficient operational requirements and limitations, to assure compliance with all applicable requirements at the time ofpermit issuance or as specified in the approved schedule ofcompliance. The permit shall: (i) for major sources, include all applicable requirements for all relevant emissions units 

### in 

### the major source; (ii) for any non-major source subject to Section 20.1 1.42.2 NMAC, include all applicable requirements which apply to emissions units that cause the source to be subject to 20.11.42 NMAC; (iii) specify andreference the origin ofand authority for each term or condition, and identify any difference in form as compared to the applicable requirement upon which the term orcondition is based; (iv) include a severability clause to ensure the continued validity ofthe various permit requirements in the eventofa challenge to any portions ofthe permit; and (v) include a provision to ensure that the permittee pays fees to the department consistent with the fee schedule in 20.1 1.2 NMAC, 

### Fees;

20.11.42 NMAC 

### 9(vi) for purposes ofthe permit shield, ideotify any requirement specifically ideotified in the application or significant permit modification that the department 

### has determined is not applicable to the source, and state the basis for any such determination. (b) Each permit issued shall, additionally, include provisions stating that: (i) the permittee sball comply with all terms and conditions ofthe permit; any permit noncompliance is grounds for enforcemeot action; in addition, noncompliance with federally eoforceable permit conditions constitutes a violation ofthe federal act; (ii) it sball not be a defense for a permittee in an enforcement action that it would bave been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions ofthe permit; (iii) the permit may be modified, reopeoed and revised, revoked and reissued, or terminated for cause in accordance with SubsectionF of20.11.42.13 NMAC; (iv) the filing ofa request by the permittee for a permit modification, revocation and reissuance, or termination, or ofa notification ofplanned changes or anticipated noncompliance sball not stay any 

### permitcondition; (v) the permit does not convey any property rights ofany sort, orany exclusive privilege; (vi) within the period specified by the department, the permittee shall furnish any information that the department may request in writing to determine whether cause exists for reopening and revising, revoking and reissuing, or termination ofthe permit or to determine compliance with the permit; upon**reques~** the permittee sball also furnish to the department copies ofrecords required by the permit to be maintained. (c) The terms and conditions for all alternative operating scenarios ideotified in the application and approvedby the department: (i) shall require that the permittee maintain a log at the permitted facility which documents, contemporaneously with any change from one operating scenario to another, the scenario under which the facility is operating; and (ii) shall, for each such alternative sceoario, meet all applicable requiremeots and the requirements of20.11.42 NMAC. (d) The department may impose conditions regulating emissions during startup and shutdown. (e) All permit terms and conditions which are requiredunder the federal act orunder any ofits applicable requirements, including any provisions designed to limit a source's poteotial to**emi~** are enforceable by the administrator and citizens under the federal act. The permit sball specifically designate as not being federally enforceable under the federal act any terms or conditions included in the permit that are not requiredunder the federal act orunder any ofits applicable requirements. (I) The issuance ofa permit, or the filing or approval ofa compliance plan, does not relieve any person from civil or criminal liability for failure to comply with the provisions ofthe 

### Air Quality Control Act, the federal act, federal regulations thereunder, any applicable regulations ofthe board, and any other applicable law or regulation. (g) The department may include part or all ofthe conteots ofthe application as terms and conditions ofthe permit orpermit modification. The department sball not apply permit terms and conditions upon emissions ofregulated pollutants for which there are no applicabIe requirements, unless the source is major for that pollutant. (h) Fugitive emissions from a source sball be included in the operating permit in the same
manner as stack emissions, regardless ofwhether the source category in question is included in the list ofsources contained in the defmition ofmajor source. (i) The acid 

### rain portion ofoperating permits for acidrain sources shall: (i) state that, where an applicable requirement ofthe federal act is more stringent than an applicable requirement ofregulations promulgatedunder Title IV ofthe federal**ac~** both provisions shaH be incorporated into the permit and sball be enforceable by the administrator; (ii) contain a permit condition prohibiting emissions exceeding any allowances that the acid rain source lawfully holds underTitle 

### IV ofthe federal act or the regulations promulgated thereunder; no permit modification under this regulation sbaH be required for increases in emissions that are authorized by allowances acquired pursuant to the acid 

### rain program, provided that such increases do not require a permit modification under any other applicable requirement; no limit sball be placed on the number ofallowances held by the acid rain source; the permittee may not use allowances as a defense to noncompliance with any other applicable requirement; any such allowance shall be accounted for according to the procedures established in regulations promulgated uuderTitle IV ofthe federal act.

20.11.42 NMAC 10

### (2) Permit duration. The department shall issue operating permits for a fixed term not to exceed five years. (3) Monitoring. (a) Eachpermit shall contain all emissions monitoring requirements, and analysis procedures or test methods, required to assure and verify compliance with the terms and conditions ofthe permit and applicable requirements, including anyprocedures and methods promulgated by the administrator. (b) Where the applicable requirement does not requireperiodic testing orinstrumental ornoninstrumental monitoring (which may consist ofrecord keeping designed to serve as monitoring), the permit shall require periodic monitoring sufficient to yield reliable data from the relevant time period that are representative of the source's compliance with the permit, as reportedPur1lUllllt to Paragraph (5), ofSubsection C of20.11.42.12 NMAC. Such monitoring requirements shall assure use oftenns, test methods, units, averaging periods, and other statistical conventions consistent with the applicable requirement. (c) The permit shall also contain specific requirements concerning the use, maintenance, and, when appropriate, installation ofmonitoring equipment or methods. (4) Record keeping. (a) Thepermit shall require recordkeeping sufficient to assure and verify compliance with the
tenns and conditions ofthe permit, including: (i) 

### the date, place as defined in the permit, and time ofsampling or measurements; (ii) the date(s) analyses were performed; (iii) the companyor entity that performed the analyses; (iv) the analytical techniques or methods used; (v) the results ofsuch analyses; and (vi) the operating conditions existing at the time ofsampling or measurement. (b) Records ofall monitoring data and supportinformation shall be retained for a period ofat least five years from the date ofthe monitoring sample, measurement, report, or application. Supporting information includes all calibration and maintenance records and all original strip-chartrecordings for continuous monitoring instrumentation, and copies ofall reports required by the permit. (5) Reporting. The permit shall require reporting sufficientto assure and verify compliance with the tenns and conditions ofthe permit and all applicable requirements, including: (a) submittal ofreports ofanyrequired monitoring at least every six months; the reports shall be due to the department within 45 days ofthe end ofthe permittee's reporting period; all instances ofdeviations from permitrequirements, including emergencies, must 

### be clearly identified in such reports; all required reports must be certifiedby a responsible official consistent withParagraph (5), ofSubsection A of20.11.42.12 NMAC; (b) 

### promptreporting ofall deviations (including emergencies) from permitrequirements, including the date, time, duration and probable cause ofsuch deviations, the quantity and pollutant type ofexcess 

### emissions resulting from the deviation, and anycorrective actions orpreventive measures taken; such reports shall include telephone, verbal, e-mail orfacsimile communication within 24 hours ofthe start ofthe nextbusiness day and written notification within 

### to days; (c) submittal ofcompliance certification reports at least every 12 months (or more frequently if

so specifiedby an applicable requirement) certifying the source's compliance stalus with all permittenns and conditions and all applicable requirements relevant to the source, including those related to emission limitations or workpractices; the reports shall 

### be due to the department within 30 days ofthe end ofthe permittee's reporting period; such compliance certifications shall be submitted to the administrator as well as to the department and shall include: (i) the identification ofeach term or condition ofthepermit that is the basis ofthe 

### certification; (ii) the compliance stalus ofthe source; (iii) whether compliance was continuous or intermittent; (iv) the method(s) used for determining the compliance stalus ofthe source, currently and during the reporting period identified in the permit; and (v) suchotherfacts as the department may require to determine the compliance stalus of the source; 

### (d) such additional provisions as may 

### be specifiedbythe administrator to determioe the compliance status ofthe source. (6) Compliance. To assure and verify compliance with the terms and conditions ofthe permit and with 20.11.42 NMAC, permits shall also:

20.11.42 NMAC II(a) require that, upon presentation ofcredentials andotherdocuments as may be required by law, the permittee shall allow authorized representatives ofthe department to perfonn the following: (i) enter upon the permittee's premises where a source is located or emission related activity is conducted, or where records must be kept under the conditions ofthe permit; (ii) have access to and copy anyrecords that must be keptunder the conditions ofthe 

### permit; (iii) inspect any facilities, equipment (including monitoring and 

### air pollution control equipment), practices, or operations regulated or required under the permit; and (iv) sample or monitor any substances orparameters for the purpose ofassuring compliance with 

### the permit or applicable requirements or as otherwise authorized by the federal act; (b) require that sources required under Subparagraph (k), ofParagraph (4), ofSubsection A of 20.11.42.12 NMAC to have a schedule ofcompliance submitprogress reporta to 

### the departmentat least semiannually, or more frequently ifspecified in the applicable requirement or by the department; such progress reporta shall be consistent with the schedule ofcompliance and requirements ofSubparagraph (k), ofParagraph (4), ofSubsection A of20.11.42.12 NMAC, and shall contain: (i) dates for achieving the activities, milestones, orcompliance required in the schedule ofcompliance, and dates when such activities, milestones or compliance were achieved; and 

### (ii) an explanationofwhy any dates in the schedule ofcompliance were not or will not be met, and any preventive or corrective measures adopted; (c) include such otherprovisions as the department mayrequire. (7) Operational Dexibility. (a) Section 502(b)(lO) changes. (i) The permittee may make Section 502(b)(10) changes, as dermed in Section 20.11.42.7 NMAC, without applying for a permit modification, ifthose changes are not Title I modifications and the changes do not cause the facility to exceed the emissions allowable under the permit (whether expressed as a rate of emissions or in terms oftotal emissions). 

### (ii) For each such change, the permittee shall provide writtennotification to the department and the administratorat least seven days in advance ofthe proposed changes. Such notification shall include a briefdescription ofthe change within the permitted facility, the date on which the change will occur, any change in emissions, and any permit tenn or condition that is no longer applicable as a result ofthe change. (iii) The permittee and department shall attach each such notice to their copy ofthe relevant permit. (iv) Ifthe written notification and 

### the change qualify under

### this provision, the pennittee is not required to comply with 

### the permit terms and conditions it has identified that restrict the change. Ifthe change does not qualify under this provision, the original tenns ofthe permitremain fully enforceable. (b) EmissIons trading within a facility. (i) The department shall, ifan applicantrequests it, issue permits thatcontain tenns and conditions allowing for the trading ofemissions increases and decreases in the permitted facility solely for the purpose ofcomplying with a federally-enforceable emissions cap that is established in the permit in additionto any applicable requirements. Such tenns and conditions shall include all tenns and conditions required under Subsection C of20.11.42.12 NMAC to determine compliance. Ifapplicable requirements apply to the requested emissions trading, permit conditions shall be issued only to the extent that the applicable requirements provide for trading such increases and decreases without a case-by-case approval. (ii) The applicant shall include in the applicationproposed replicable procedures 

### and pennit terms thatensure the emissions trades are quantifiable and enforceable. The department shall not include in 

### the emissions trading provisions any emissions units for whichemissions are not quantifiable or for which there are
no replicable procedures to enforce the emissions trades. The permit shall require compliance with all applicable 

### requirements. (iii) For each such change, the permittee shall provide written notification to the department and 

### the administrator at least seven days in advance ofthe proposedchanges. Such notification shall
state when the change will occur and shall describe the changes in emissions that will result andhow these increases 

### and decreases in emissions will comply with the terms and conditions ofthe permit. (iv) The permittee and department shall attach each such notice to their copy ofthe relevant pennit. (8) Off-permit changes.

20.11.42 NMAC 12(a) Permittees are allowed to make, without a permit modification, changes that are not addressed orprohibitedby the operating permit, if: (i) each such change meets 

### all applicable requirements and shall notviolate any existing permit term orcondition;(ii) such changes are not subject to any requirements under Title IV ofthe federal act and

are not Title 

### I modifications; (iii) such changes 

### are not subject to permit modification procedures under Subsection E of20.11.42.13 NMAC; and (iv) the permittee provides contemporaneous wriUen notice to the department and EPA ofeach such change, except for changes that qualify as insignificant activities; such writtennotice shall describe each suchchange, including the date, any change in emissions, pollutants emitted 

### and any applicable requirement that would apply as a result ofthe change. 

### (b) The permittee shall keep a recorddescribing changes made at the source that result in emissions ofa regulated airpollutant subject to an applicable requirement, but not otherwise regulatedunder the permit, and the emissions resulting from those changes. (9) Permit shield. (a) Except as provided in 20.11.42 NMAC, the department shall expressly include in a 20.11.42 NMAC permit a provision stating that compliance with the conditions ofthe permit shall be deemed compliance with any applicable requirements as ofthe date ofpermit issuance, provided that: (i) such applicable requirements are included and are specifically identified in the permit;

or (ii) the department, in acting on the permit application or significant'permit modification, determines in writing that otherrequirements specifically identified are not applicable to the source, and the permit includes the determination or a concise summary thereof. 

### (b) A 20.11.42NMAC permit that does not expressly state that a permit shield exists for a specific provision shallbe presumed not to provide a shield for that provision. (c) Nothing in 20.11.42.12 NMAC or in any 20.11.42 NMAC permit shall alter or affect the following: (i) the provisions ofSection 303 ofthe federal act- 

### EmergencyPowers, including the authority ofthe administratorunder Section 303, or the provisions ofthejoint air quality control board ordinances pursuant to the New Mexico 

### Air Quality Control Act, 74-2-10 NMSA 1978; (ii) the liability ofan owner or operator ofa source for any violation ofapplicable 

### requirements prior to or at the time of

### permitissuance; (iii) the applicable requirements ofthe acid rainprogram, consistent with Section 408(a) ofthe federal act; (iv) the ability ofEPA to obtain information from a source pursuant to Section 114 ofthe federal act, or the department to obtain information in accordance with 

### thejointair quality control board ordinances pursuant to the New Mexico 

### Air Quality Control Act 74-2-13 NMSA 1978. (d) Thepermit shield shall remain in effect ifthe permit terms and conditions 

### are extended past the expiration date ofthe permitpursuant to Paragraph (4), ofSubsection A of20.11.42.13 NMAC. (e) The permit shield may extend to terms and conditions that allow emission increases and decreases as part ofemissions trading within a facility pursuant to Subparagraph 

### (b), ofParagraph (7), ofSubsection C of20.11.42.12 NMAC, and to all terms and conditions under eachoperating scenario included pursuant to Subparagraph (e), ofParagraph (I), ofSubsection C of20.11.42.12 NMAC. (I) The permit shield shall not extend to 

### administrativepermitamendments under Paragraph (I), ofSubsection E of20.11.42.13 NMAC, to 

### minorpermitmodificationsunder Paragraph (2), ofSubsection E of 20.11.42.12 NMAC, to 

### section 502(b)(lO) changes under Subparagraph (a), ofParagraph (7) ofSubsection C of 20.11.42.12 NMAC, or to permit terms or conditions for which notice 

### has been given to reopen orrevoke all Or part under Subsection F of20.11.42.13 NMAC. D. General permits: 

### (I) Issuance ofgeneral permits. (a) The department may, after notice and opportunity for public participation and EPA 

### and affectedprogram review, issue a general permit covering numerous similar sources. Such sources shall be generally homogenous in terms ofoperations, processes and emissions, subject to the same or substantially similar requirements, and not subject to case-by-case standards orrequirements.

20.11.42 NMAC 13(b) Any generalpermit shall comply with all requirements applicable to other operating permits and shall identify criteria by which sources may qualify for the general permit. (2) Authorization to operate under a general permit. (a) The owneroroperatorofa 20.11.42 NMAC source which qualifies for a generalpermit 

### must: (i) apply to the department for coverage under 

### the terms of

### the general**permi~** (ii) apply for an operating permit consistent with Subsection A of20.11.42.12 NMAC. (b) The department may, in the general permit, provide for applications which deviate from the requirements ofParagraph (4), ofSubsection A of20.11.42.12 NMAC, provided that such applications meet the requirements ofthe federal act and include 

### all information necessary to determine qualification for, and to assure compliance with, the generalpermit. The department shall review the application for authorization to operate under

a generalpermit for completeness within 30 days after its receipt ofthe application. (c) The department shall authorize qualifying sources which apply for coverage under the general permit to operate under the terms and conditions of

### the generalpermit. The department shall 

### take fmal action on a general permit authorization request within 90 days ofdeeming the application complete. (d) The department may grant a request for authorization to operate under a general permit without repeating the public participationprocedures requiredunder SubsectionB of20.11.42.13 NMAC. Such an authorization shall not be a permitting action for purposes ofadministrative review under thejoint air quality control board ordinances pursuant to the New Mexico 

### Air Quality Control Act Section 74-2-7.R NMSA 1978. (e) Authorization to operate under a general permit shall not be granted for acid rain sources unless provided for in regulations promulgated under Title IV ofthe federal act. (f)' Thepermittee shall be subject to enforcement action for operation without an operating permitifthe source is later determined not to qualify for the conditions and terms ofthe general permit. E. Emergency provision: 

### (I) An "emergency" means any situation arising from sudden and reasonably unforeseeable events beyond the control ofthe permittee, including acts ofGod, which situation requires innnediate corrective action to restore normal operation, and that causes the source to exceed a technology-based emission limitation under the permit due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include noncompliance to 

### the extent causedby improperly designed equipment, lack ofpreventive maintenance, or careless

or improperoperation. (2) Anemergency constitutes an affmnative defense to an actionbrought for noncompliance with such technology-based entission lintitations ifthe permittee has demonstrated throughproperly signed, contemporaneous operating logs, orotherrelevant evidence that: (a) an emergency occurred and that the permittee can identify the cause(s) ofthe emergency; (b) the permitted facility was at the time being properly operated; (c) during the period ofthe emergency the permittee took all reasonable steps to minimize levels ofentissions that exceeded the entission standards orotherrequirements in the permit; and (d) 

### thepermittee fulfilled notification requirements under Subparagraph (b), ofParagraph (5), ofSubsection C of20.11.42.12 NMAC; this notice must contain a description ofthe emergency, any steps taken to 

### mitigate emissions. and corrective actions taken. (3) In any enforcementproceeding, the permittee seeking to establish the occurrence ofan emergency has the burden ofproof. (4) This provision is in addition to any emergency orupsetprovision contained in any applicable requirement, except that 20.11.42 NMAC sources shall notbe subject to the provisions of20.11.90.12 NMAC for permit terms and conditions issuedunder 20.11.42 NMAC. [3/1194

... 12/1195; 20.11.42.12 NMAC

- Rn, 20 NMAC 11.42.1.12 & Repealed, 10/1102; Rn, 20 NMAC 11.42.1I.1, 10/1102; A, 8/10/09; A, 1110/11]

20.11.42.13 PERMIT PROCESSING: A. Action on permit applications: 

### (I) A permit (including permitrenewal) orpermit modification shall onlybe issued ifall ofthe following conditions have been met: (a) the department has received a complete application for a permit, permit modification, or permitrenewal, except that a complete application need not be received before issuance ofa general permit under Subsection D of20.11.42.12 NMAC;

20.11.42 NMAC 14

### (b) except for administrative and minor permit modifications, the department

### has complied with the requirements for public participationprocedures under SubsectionB of20.11.42.13 NMAC; (c) except for administrative amendments, the department

### baa complied with the requirements for notifying and responding to affected programs under SubsectionC of20.11.42.13 NMAC; (d) the conditions ofthe permitprovide for compliance with all applicable requirements; and (e) the administrator has received a copy of

### the proposedpermit and any notices required under SubsectionC of20.11.42.13 NMAC, and 

### baa notobjected to issuance ofthepermit within the time period specified within that subsection. (2) The department shall, within 60 days after its receiptofan applicationfor apermit or significant permit modification, review such applicationfor completeness. Unless the department determines that an application is not complete, requests additional informationorotherwise notifies the applicant ofincompleteness within 60 days ofreceipt ofan application, the application shall be deemed complete. 

### When additional information is requested by the department prior to ruling an application complete, receipt ofsuch information shall be processed

as a new applicationfor purposes of20.11.42.13 NMAC. If

### the application isjudged complete, a certified letter to that effect shall be sent to the applicant. Ifthe application isjudgedincomplete a certified letter shall be sent to the applicant stating what additional informationorpoints ofclarification are necessary tojudge the application complete. (3) The department shall take final action oneachpermit application (including a request for permit renewal) within 12 months afteran application is ruled complete by the department, exceptthat: (a) for sources in operation onorbefore the effective date of20.11.42 NMAC and which submit to the department timely and complete applications in accordance with Subsection A of20.11.42.12 NMAC, 

### the department shall 

### take fina1 action on one-thirdofsuch applications annually over aperiod not to exceed three years after such effective date; (b) any complete permit application containing an early reductiondemonstration under Section 112(i)(5) ofthe federal act shall be acted on withinnine months ofdeeming the application complete; and (c) the acid rainportion ofpermits for acid rain sources shall be acted upon in accordance with the deadlines in Title IV ofthe federal act and the regulations promulgated thereunder. (4) Ifa timely and complete application for apermitrenewal is submitted, consistent with Subsection A of20.11.42.12 NMAC, but the department

### baa failed to issue or disapprove the renewal permitbefore the end of the term ofthe previous permit, then 

### the permit shallnotexpire and all the terms and conditions ofthe permit shall remain in effect until the renewal permit

### has been issued Or disapproved. (5) Permitsbeing renewed are subjectto the same procedural requirements, including those for public participation, affected program, and EPA review that apply to initial permitissuance. (6) The department shall state within the draft 

### permit the legal and factual basis for the draftpermit conditions (including references to the applicable statutoryorregulatoryprovisions with dates oflatest amendments). (7) The department shall grantor disapprove the permitbased on information contained in the department's administrative record. 

### The administrative record shall consist ofthe spplication, any additional information submitted by the applicant, any evidence or written comments submitted by interested persons, any other evidence considered by the department, and, ifapublic hearing is held, the evidence submitted at the hearing. (8) If

### the department grants or disapproves a permitorpermit modification, the department shall notify the applicantby certified mail ofthe action taken and the reasons therefore. Ifthe department grants apermit

or modification, the department shall mail the permitor modification, including all terms and conditions, to the applicant bycertified 

### mail. (9) Voluntary discontinuation. Upon request by the permittee, the department shall permanently discontinue a 20.11.42 NMAC permit Permit discontinuance terminates the permittee's right to operate the source' under the permit. The department shall confirm the permit discontinuanceby certified letter to the permittee. (l0) No permit shall be issued by failure ofthe department to act on an application orrenewal. B. Public 

### participation: (l) Proceedings for all permit issuances (including renewals), significantpermit modifications, reopenings, revocations and terminations, and all modifications to the department's list ofinsignificant activities, shall include public notice and provide an opportunity for public comment. The department shall provide 30 days for public and affected program comment. The department may hold apublic hearing on the draftpermitfor any
reason it deems sppropriate, and shall hold such a hearing in the event ofsignificantpublic interest. The department shall give notice ofanypublic hearing at least 30 days in advance ofthe hearing.

20.11.42 NMAC 

### ISa briefdescription ofthe commentprocedures reqnired by the department; and

as appropriate, a statement ofprocedures to request a hearing, or the time and place ofany (2) Public notice and notice ofpublic hearing shall be given bypublication in a newspaper ofgeneral circulation, to persons on a mailing list developed by the department (including those who request in writing to be

on the list), and by other means ifnecessary 

### to assure adequate notice to the affected public. (3) The public notice shall identify: (a) the affected facility; 

### (b) the names and addresses ofthe applicant orpermittee and its owners; (c) the name and address ofthe department; (d) the activity or activities involved in the pennit action; (e) the emissions change(s) involved in any pennit modification; 

### (I) the name, address and telephone number ofa person from whom interested persons may obtain additional information, including copies ofthe pennit draft, the application, and relevant supporting 

### materials; (g) (h) scheduled bearing. (4) Notice ofpublic hearing shall identify: (a) the affected facility; 

### (b) the names and addresses ofthe applicant or pennillee and its owners; (c) the name and address ofthe department; (d) the activity or activities .involved in the pennit action; (e) the name, address and telephone number ofa person from whom interestedpersons may obtain additional information; 

### (I) a briefdescription ofhearing procedures; and (g) the time and place ofthe scheduled hearing. (5) The time, date, andplace ofthe hearing shall be determined by the department. The department shall appoint a hearing officer. A transcript ofthe hearing shall be made at the request ofeither the department or the applicant and at the expense ofthe person requesting the transcript. At the hearing, all interestedpersons shall 

### be given a reasonable chance to submit data, views or arguments orally or 

### in writing and to examine witnesses testifying at the hearing. (6) The department shall keep a record ofthe commenters and also ofthe issues raised during the public participation process so that the administrator may fulfill his or her obligation under Section 505(b)(2) ofthe federal act to detennine whether a citizenpetition maybe granted. Such records shall be available to the public upon request. (7) The department shall provide such notice and opportunity for participation by affected programs
as is provided for by SubsectionC of20.1 1.42.13 NMAC. C. Review hy the administrator and affected programs: 

### (I) Notification. The department shall not issue an operating pennit (including pennitrenewal or reissuance), minor pennit modification, or significantpermit modification until affectedprograms and the administratorhave had an opportunity to review the proposedpennit as required under 20.11.42.13 NMAC. Pennits for source categories waived by the administrator from this requirement and anypennit terms or conditions, which

are not requiredunder the federal act or under any ofits requirements, are not subject to administrator review or approval. (a) Within five days ofnotification by the department that the application has been determined complete, the applicant shall provide a copy ofthe complete pennit application (including the compliance plan and all additional materials submitted to the department) directly to the administrator. The pennit or pennit modification shall not be issued without certification to the department ofsuch notification. The department shall provide to the administrator a copy ofeach draftpennit, eachproposed pennit, each final operating permit, and any otherrelevant information requested by the administrator. 

### (b) The department shall provide notice ofeach draft pennit to any affected program on or before the time that the department provides this notice to the public under Subsection B of20.11.42.13 NMAC, except to the extent that minorpennit modificationprocedures require the timing ofthe notice to be different. (c) The department shall keep for five years such records and submit to the administrator such information as the administratormayreasonably require in order to ascertain whether the program complies with the requirements ofthe federal act orrelated applicable reqnirements. (2) Responses to objections.

20.11.42NMAC 16(a) No pennit for which an applicationmust be transmitted to the administrator under 20.11.42 NMAC shall be issued by the department ifthe administrator, after determining that issuance ofthe proposed pennit would not be in compliance with applicable requirements, objects to such issuance in writing within 45 days of receipt ofthe proposed permit and all necessary supporting information. (b) Ifthe administrator does not object inwriting under Subparagraph (a) above, any person may, within 60 days after the expiration ofthe administrator's 45-day review period, petitionthe administrator to make such objection. Any such petition shall be based only on objections to the permit that were raised with reasonable specificity during the public comment period provided for in SubsectionB of20.11.42.13 NMAC, unless the petitionerdemonstrates that it was impracticable to 

### raise suchobjections within such period, orunless the grounds for such objection arose after such period. Ifthe administrator objects to the permit as a result ofa petition filed under this subparagraph, the department shall not issue the permit until the administrator's objection has been resolved, except that a petition for review does not stay the effectiveness ofa permit or its requirements ifthepermit

was issued after the end ofthe 45-day review period and prior to the administrator's objection. (c) The department, as part ofthe submittal ofthe proposed permit to the administrator (or as
soon as possible after the submittal for minor permit modification procedures allowed under Paragraph (2), of Subsection 

### E of20.11.42.13 NMAC), shall notify the administrator and any affected program in writing ofany refusal by the department to accept all recommendations for the proposed permit that the affectedprogram submitted during the public or affected program review period. The notice shall include the department's reasons for
not accepting any such recommendation. The department is not required to accept recommendations that are not based on federally enforceable applicable requirements. 

### D. Petitions for review offinal action: (I) Hearing before tbe board. (a) Any perllonwho participated in a permitting action before the department and who is adverllely affected by suchpermitting action may file a petition for hearing before the board. For the purposes of 20.11.42.13 NMAC, permitting action shall include the failure ofthe department to take final action on an application for a permit (including renewal) or permit modification within the time specified in 20.11.42 NMAC. (b) The petition shall be 

### made in writing to the board within 30 days from the date notice is given ofthe department's action and shall specify the portions ofthe permitting action to which the petitioner objects, certify that a copy ofthe petition has been mailed orhand-delivered as required by this subparagraph, and attach a copy ofthe permitting action for which review is sought. Unless a timely request for hearing is made, the decision ofthe department shall be final. The petition shall be copied simultaneously to the department upon receipt ofthe appeal notice. Ifthe petitioner is not the applicant or permittee, the petitioner shall mail or hand-deliver a copy ofthe petitionto the applicant or permittee. The department shall certifythe administrative record to the board. (c) Ifa timely request for hearing is made, the board shall hold a hearing within 90 days of receipt ofthe petition in accordance with thejoint air quality control board ordinances PUrlluant to the New Mexico 

### Air Quality Control Act Section 74-2-7 NMSA 1978. (2) Judicial review. (a) Any perllOnwho is adverllely affected by an administrative action taken by the board PUrlluant to Paragraph (I), ofSubsection D of20.11.42.13 NMAC may appeal to the court ofappeals in accordance with thejoint air quality control board ordinances PUrlluant to the New Mexico 

### Air Quality Control Act Section 74- 2-9 NMSA 1978. Petitions forjudicial review must be filed no later than 30 days after the administrative action. (b) Thejudicial review provided for by Subsection D of20.11.42.13 NMAC shall be the exclusive means for obtainingjudicial review ofthe terms and conditions ofthe permit. 

### E. Permit modifications: (I) Administrative permit amendments. (a) An administrative permit amendment is one that: (i) corrects typographical errors; (ii) provides for a minor administrative change at the source, such as a change in the address orphone number ofany perllOn identified in the permit; (iii) incorporates a change in the permit solely involving the retiring ofan emissions unit; (iv) requires more frequent monitoring or reporting by the permittee; or (v) any other type ofchauge which has been determined by the department and the administrator to be similar to those in this paragraph. 

### (b) Changes in ownership or operational control ofa source may be made as administrative amendments provided that:

20.11.42 NMAC 17do not violate any applicable requirement; do not involve relaxation ofexisting monitoring, reporting, or record keeping (i) a written agreement, containing a specific date for transfer ofpermit responsibility,
coverage, and liabilitybetween the current and new permittee, has been submitted to the department, and either the department

### has determinedthat no other chaage in the permit is necessary, or changes deemed necessary by the department have been made; (ii) the new owners have submitted the application information required in Subparagraph (b), ofParagraph (4), Subsection A of20.11.42.12 NMAC; (iii) no grounds exist for permit termination, as set out in Items (ii) and (iii), of Subparagraph (c), ofParagraph (I), ofSubsection F of20.11.42.13 NMAC; and (iv) the permittee 

### has published a public notice ofthe change in ownership ofthe source in a newspaper ofgeneral circulation in the area where the source is located. (c) The department may incorporate administrative permit amendments without providing notice to the public or affected programs, provided that it designates any such permit modifications as administrative permit amendments and submits a copy ofthe revised permit to the administrator. (d) The department shall 

### take no more than 60 days from receipt ofa request for an administrative permit amendment to 

### take final action on such request. The permittee may implement the changes outlined in Items (i) through (iv), ofSubparagraph (a), ofParagraph (I), ofSubsection E of20.11.42.13 NMAC inunediately upon submittal ofthe request for the administrative amendment. The permittee may implement the chaages outlined in Item (v), ofSubparagraph (a), ofParagraph 

### (0, ofSubsection E of20.11.42.13 NMAC or Subparagraph (b), ofParagraph 

### (I), Subsection E of20.11.42.13 NMAC above upon approval ofthe administrative amendmentby the department. (2) 

### Minor permit modifications. (a) Minor permit modification procedures may be used only for those permit modifications that: 

### (i) (ii) 

### requirements in the permit; (iii) do notrequire or chaage a case-by.;;ase determination ofan emission limitation or other standard, or a source-specific determination for temporary sources ofambient impacts, or a visibility or 

### increment analysis; (iv) do not seek to establish or change a permit term or condition for which there is no corresponding underlying applicable requirement and that the permittee 

### has assumed to avoid an applicable requirement to which the source wonld otherwise be subject; such terms 

### and conditions include any federally enforceable emissions cap assumed to avoid classification as a Title I modification and any alternative emissions limit approved pursuant to regulations promulgated under Section 112(i)(5) ofthe federal act; (v) are not Title I modifications; and (vi) are not requiredby the department to be processed as a significant modification pursuant to Paragraph (3), Subsection E of20.11.42.13 NMAC. 

### (b) A permittee shall not submit multiple minor permit modification applications that may conceal a larger modification that would notbe eligible for minor permit modification procedures. The department may, at its discretion, require that multiple related minor permit modification applications be submitted as a significantpermit modification. (c) 

### Ao applicationrequesting the use ofminorpermit modification procedures shall meet the requirements ofParagraphs (3) and (4), ofSubsection A of20.11.42.12 NMAC and shall include: (i) a description ofthe chaage, the emissions resulting from the chaage, and any new applicable requirements that will apply ifthe chaage occurs; (ii) the applicant's suggested draftpermit; (iii) certificationby a responsible official, consistent with Paragraph (5), ofSubsection A of20.11.42.12 NMAC, that the proposed modification meets the criteria for use ofminor permit modification procedures and a request that such procedures be used; and (iv) ifthe requested permit modification would affect existing compliance plans or schedules, related progress reports, or certification ofcompliance requirements, an outline ofsuch effects. (d) The department shall, within 30 days after its receipt ofan application for a minor permit modification, review such application for completeness. Unless the department determines that an application is not complete, requests additional information or otherwise notifies the applicant ofincompleteness within 30 days of receipt ofan application, the application shall be deemed complete. Ifthe application isjudged complete, a certified letter to that effect shall be sent to the applicant. Ifthe application isjudged incomplete a certified letter shall be

20.11.42 NMAC 18

### sent to the applicant stating whatadditional infonnation orpoints ofclarification are necessary tojudge the application complete. (e) Within five working days ofnotification by the department that the minorpermit modification application has beenruled complete, the applicant shall meet its obligation under Paragraph 

### (I), of Subsection C of20.11.42.13 NMAC to notify the administrator and affectedprograms ofthe requested permit modification. The departmentpromptly shall send any notice requiredunder Subparagraph (b), ofParagraph 

### (I), of Subsection C of20.11.42.13 NMAC and Paragraph (2), ofSubsection C of20.11.42.13 NMAC to the administrator and affected programs. (f) 

### The permittee may make the change proposed inits minorpermit modification application immediately after suchapplication is deemed complete. After the permittee makes the change allowed by the preceding sentence, and until the department takes any ofthe actions specified in Subparagraph (g), ofParagraph (2), ofSubsection E of20.11.42.13 NMAC below, the permittee must comply withboth the applicable requirements governing the change ana the proposed permit terms and conditions. During this time period, the permittee need not comply with the existing permit terms and conditions it seeks to modify. [fthe permittee fails to comply with its proposed permit terms and conditions during this time period, the existing permit terms and conditions it seeks to modify may be enforced against it. (g) The department may not issue a final minor permit modificationuntil after the administrator's 45-dayreview period ofthe proposed permit modificationor until EPA has notified the department that the administrator will not object to issuance ofthe permit modification, although the department may approve the permitmodification prior to that time. Within 90 days ofruling the application complete under minorpermit modification procedures or within 15 days after 

### the end ofthe administrator's 45-dayreview periodunder, whichever is later, the department shall: (i) issue the permit modification as it was proposed; (ii) disapprove the permit modification application; (iii) determine that the requested modification does not meet the minorpermit modification criteria and shouldbe reviewed under the significant modificationprocedures; or (iv) revise the draft

### permit modification and transmitto the administrator the new proposedpermit modification as required byParagraph 

### (I), ofSubsectionC of20.11.42.13 NMAC. (3) Significant permit 

### modification•• (a) A significantpermitmodification is: (i) anyrevision to an operating permit that does not meet the criteria under the provisions for administrative permit amendments under Paragraph 

### (I), ofSubsection E of20.11.42.13 NMAC or for minor permit modifications under Paragraph (2), ofSubsection E of20.11.42.13 NMAC above; (ii) any modification that would result in anyrelaxation in existing monitoring, reporting

orrecord keeping permit terms or conditions; (iii) any modification for which action on the application would, in thejudgmentofthe department, require decisions to be made on significant or complex issues; and (iv) changes in ownership which do not meet the criteria of Subparagraph (b), of Paragraph 

### (I), ofSubsection E of20.l1.42.13 NMAC. (b) For significant modifications which are not required to undergo pre-constructionpermit review and approval, changes 

### to the source which qualify as significantpermit modifications shall not be made until the department has issued the operating permit modification. (c) For significant modifications which have undergone pre-construction permitreview and approval, the permittee shall: (i) before commencing operation, notify the department in writing ofany applicable requirements and operating permit terms and conditions contravenedby 

### the modification, emissions units affected by the change, and allowable emissions increases resulting from the modification; and (ii) within 12 months after commencing operation, file a complete operating permit modification application. (d) 

### Where an existing operating permit would specificallyprohibit such change, the permittee must obtain an operating permit modification before commencing operation or implementing the change. (e) Significantpermit modifications shall meet all requirements of20.11.42 NMAC for permit issuance, including those for applications, public participation, reviewby affected programs and reviewby the administrator. (f) 

### The department shall complete review on the majority ofsignificantpermit modification applications within nine months after the departmentrules the applications complete.

20.11.42 NMAC 19(4) Modifications to acid rain sonrces. Administrative permit amendments and permit modifications for purposes ofthe acid rain portion ofthe permit shall be governedby regulations promulgatedby the administrator under Tide IV ofthe federal act. F. Permitreopening, revocation or termination: 

### (l) Action by the department. (a) Each permit shall include provisions specifying the conditions under which 

### the permit will be reopened prior to the expiration ofthe permit. A permit shall be reopened and revised for any ofthe following, and may be revoked and reissued fur (iii) or (iv) ofthe following: 

### (i) additional applicable requirements under the federal act become applicable to a major

source with a remaining permit termofthree or more years; such a reopening shall be completed not later than 18 months afterpromulgationofthe applicable requirement; no such reopening is required ifthe effective date ofthe requirement is later than the date on which the permit is due to expire, unless the original permit or any ofits terms

or conditions have been extended past the expiration date ofthe permit pursuant to Paragraph (4), Subsection A of 20.11.42.13 NMAC; (ii) additional requirements (including excess emissions requirements) become applicable to a source under the acid rainprogram promulgated underTide IV ofthe federal act; upon approval by the administrator, excess emissions offset plans shall be deemed to be incorporated into the permit; (iii) the department or the administrator determines that the permitcontains a material mistake or that inaccurate statements were made in establishing the terms or conditions ofthe permit; or (iv) the department or the administrator determines that the permit mustbe revised or revoked and reissued to assure compliance with the applicable requirements. 

### (b) Proceedings to reopen and revise, or revoke and reissue, a permit sball affect only those parIS ofthe permit for whichcause to reopen or revoke exists. Units for which permitconditions have been revoked shall not be operateduntilpermit reissuance. Reopenings shall be made as expeditiously as practicable. (c) A permit, or an authorization to operate under a general permit, maybe terminated when: (i) the permittee fails to meet the requirements ofan approvedcompliance plan; (ii) the permittee 

### has been in significantorrepetitious non-compliance with the operating 

### permit terms orconditions; (iii) the applicant or permitteehas exhibited a history ofwillful disregard for environmental laws ofany state or tribal authority, or ofthe United States; (iv) the applicant or permittee has knowingly misrepresented a material fact in any application, record, report, plan, or other document filed or required to be maintained under the permit; (v) the permittee fails to pay fees required under the fee schedule in 20.1 1.2 NMAC; (vi) the permittee falsifies, tampers with or renders inaccurate any monitoring device or method required to be maintained under the permit; (vii) the administrator 

### has found that cause exists to terminate thepermit. (d) The department**sbal~** by certified**mai~** provide a notice ofintent to the permittee at least 30 days in advance ofthe date on which a permit is to be reopened orrevoked, orterminated, except that the departmentmay provide a shorter time period in the case ofan emergency. (2) Action by the administrator. Within 90 days, or longer 

### ifthe administrator extends this period, after receipt ofwritten notification that the administratorhas found thatcause exists to terminate, modify or revoke and reissue a permit the department sball forward to the administrator a proposed determination oftermination, modification, orrevocation and reissuance, as appropriate. Within 90 days from receipt ofan administrator objection to a proposed determination, the department shall address and actupon the administrator's objection. (3) Compliance orders. Notwithstanding any action which maybe takenby the department or the administrator under Paragraph (I) and (2), ofSubsection F of20.I I.42.I3 NMAC, a compliance order issued in accordance with thejoint air quality control board ordinances pursuant to the New Mexico Air Quality Control Act Section 74-2-12 NMSA 1978 may include a suspension or revocation ofany permit orportion thereof. G. Citizen suit: Pursuant to Section 304 ofthe federal act, 42 USC 7604, any person may commence certain civil actions under the federal act. H. Enforcement: Notwithstanding any otherprovision in the New Mexico state implementation plan approved by the administrator, any credible evidence maybe used for the purpose ofestablishing whether a person 

### has violated or is in violation ofany such plan. (I) Presumptively credible evidence. Information from the use ofthe following methods is presumptively credible evidence ofwhether a violation 

### has occurred at the source:

20.11.42 NMAC 20

### (a) a monitoring method approved for the source pursuant to 20.11.42 

### NMAC and incorporated into an operatingpermit; or (b) 

### compliance methods specified in the applicableplan. (2) Presumptively credible testing, monitoring, or information gathering methods. The following testing, monitoring orinformation gathering methods are presumptively credible testing, monitoring or information gathering methods: (a) any federally enforceable monitoring or testing methods, including those in40 

### CFRparts 51,60,61 

### and 75; 

### and (b) 

### othertesting, monitoring or information gathering methods that produce information comparable to that producedby any method inParagraphs (I) or (2), 

### ofSubsection H of20.11.42.13 

### NMAC. [3/1/94

... 12/1/95; 20.11.42.13 

### NMAC

- Rn, 20 

### NMAC 11.42.11.2, 10/1/02; A., 8/10/09]



### 20.11.42.14 RADIONUCLIDES: [Reserved] [12/1/95; 20.11.42.14 

### NMAC

- Rn, 20 

### NMAC 11.42.Il.3 & 

### A, 10/1/02]



### HISTORY OF 20.11.42 NMAC: Pre-NMAC History: The material in this part was derived from thatpreviously filed with the commission of public records

- state records center and archives. Regulation No. 41, 

### Operating Pennits, 3/1/94. 

### Regulation No. 41, 

### Operating Permits, 12/16/94.


### History ofRepealed Material: [Reserved]

Other History: Regulation No. 41, 

### Operating Permits, filed 12/16/94 was 

### renumbered and reformatted into first version ofthe New Mexico Administrative Code as 20 

### NMAC 11.42, 

### Operating Permits, filed 10/27/95. 20 

### NMAC 11.42, 

### Operating Permits, filed 10/27/95, 

### was renumbered, reformatted, amended and replaced by 20.11.42 

### NMAC, Operating Permits, effective 10/1/02.

20.11.42 

### NMAC 21TITLE 20 CHAPTER 11 PART 61 ENVIRONMENTAL PROTECTION ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD 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, 1/23/06; A, 8/30/10]

20.11.61.2 SCOPE: Anyperson constructing any new major stationary source ormajor modification, as defined in 20.11.61 NMAC, that emits or will emit regulated new source review pollutants in an attainment or unclassifiable area shall obtain a permit from the department in accordance withthe requirements of20.11.41 NMAC, 

### Authority-to-Construct, and 20.11.61 NMAC prior to the construction ormodification. A. Exempt: (I) sources withinBernalillo county which are located on Indian lands over which the AlbuquerqueBernalillo county air quality control board lacksjurisdiction; (2) eachregulated new source review pollutant emitted by a sourceor modification located in a nonattainment area for thatpollutant; (3) after a public hearing, consistent with the public notice and participationprovisions of20.11.41 NMAC,

### Authority-to-Construct, the board may exempt major stationary sources or majormodifications if: (a) the major stationary source wouldbe a nonprofit health or nonprofiteducational institution,

or a major modification that would occur at suchan institution; or 

### (b) the source ormodification is a portable stationary source which has previously received a permitpursuant to 20.11.61 NMAC if: 

### (i) the owner oroperatorproposes to relocate the source, and emissions from the source at the new location wouldbe 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 departmentprior to the relocation identifying the proposed new location and 

### the probable duration ofoperation at the new location; such notice shallbe given to the department not less than 10 days in advance of

### the proposed relocationunless a different time duration is previously approved by the department; (4) sources Or modifications that would be majoronly ifquantifiable fugitive emissions are considered in calculating 

### the potential to emit, and the source does not belong to: (a) any category in Table I of20.11.61.26 NMAC; or 

### (b) any other stationary source category which as ofAugust 7, 1980, is being regulatedunder Section III or 112 ofthe act. B. Varianees: 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, 1/23106; A, 8/30110]

20.11.61.3 STATUTORY AUTHORITY: 20.11.61 NMAC is adopted pursuant 

### to the authority provided in the New Mexico 

### Air Quality Control Act, NMSA 1978 Sections 74-2-4 and 74-2-5; the Joint 

### Air Quality Control Board Ordinance; Bernalillo county Ordinance No. 94-5, Sections 4 and 5; and the Joint Air Quality Control Board Ordinance, Revised Ordinances ofAlbuquerque 1994 Sections 9-5-1-3 and 9-5-1-4. [20.11.61.3 NMAC

- Rp, 20.11.61.3 NMAC, 1/23/06]

20.11.61.4 DURATION: Permanent. [20.11.61.4 NMAC

- Rp, 20.11.61.4 NMAC, 1/23106]

20.11.61.5 EFFECTIVE DATE: January 23, 2006, unless a later date is cited at the end ofa section or paragraph. [20.11.61.5 NMAC

- Rp, 20.11.61.5 NMAC, 1/23/06]

20.11.61 NMAC I

### 10.11.61.6 OBJECTIVE: To minimize airpollutant emissions from new major stationary sources or major modifications in areas classified as in attainment ofthe national ambient air quality standards or determined to be unclassifiable pursuantto Section I07(d) ofthe act. [20.1I.6\.6 NMAC

- Rp, 20.1I.6\.6 NMAC, 1/23/06; A, 1/10/11]

10.11.61.7 DEFINITIONS: In addition to the definitions in 20.11.61 NMAC, the definitions in 20.11.1 NMAC, GeneralProvisions, shall apply unless there is a conflictbetween definitions, in which case the defmition in 20.1\.61 NMAC shall govern. A. "Ad" means the federal Clean 

### Air Act. as amended, 42 

### U. S. C. Sections 740I et seq. B. "Actual emissions" means the actual rate ofernissions ofaregulated new source reviewpollutant from anemissions unit. as determined in accordance withParagraphs (2) through (4) ofSubsectionB of20.1 \.6\.7 NMAC. (I) 

### This definition shall not apply for calculating whether a significant emissions increase has occurred, or for establishing a PAL under 20.11.6\.20 NMAC. Instead, Subsections I and VV of20.11.6\.7 NMAC shall apply for those pwposes. (2) In general, actual emissions as ofa particular date shall equal 

### the average rate, in tons per 

### year, at which the unit actually emitted the pollutant during a consecutive 24-month period which precedes the particular date and which is representative ofnormal source operation. The department shall allow the use ofa different time period upon a determination that it is more representative ofnormal source operation. Actual emissions shall be calculatedusing the unit's actual operating hours, production rates, and types ofmaterials processed, stored, or combusted during the selected time period. (3) The department maypresume that source-specific allowable emissions for theunit are equivalent to 

### the actual emissions ofthe unit. (4) For any emissions unitthat has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of

### the uniton that date. C. "Administrator" means the administrator ofthe U.S. environmental protection agency (EPA) or
an authorized representative. D. "Adverse impact on visibility" means visibility impairment which interferes with the management, protection, preservation, Or enjoymentofthe visitors visual experience ofthe federal class I area. This determination mustbe made on a case-by-case basis taking into account the geographic extent, intensity, duration, frequency, and time ofthe visibility impairments andhow these factors correlate with the following: (I) 

### times ofvisitoruse ofthe federal class I area; and (2) the frequency and timing ofnatural conditions that reduce visibility. This term 

### does not include effects on integral vistas as defmed in40 CFR 51.301 Definitions. E. 

### "Air quality related values (AQRV)" means visibility and other scenic, cultural, physical, biological, ecological, orrecreational resources which maybe affected by a change in air quality resulting from the emissions ofa proposed major stationary source or major modificationthat interferes with the management. protection, preservation, or enjoyment ofthe airquality relatedvalues ofa federal class I area. F. "Allowable emissions" means the emissions rate ofa stationary source calculatedusing the maximum rated capacity ofthe source (unless the source is subjectto federally enforceable limits which restrict the operating rate, or hours ofoperation, orboth) and the most stringent ofthe following: (I) 

### the applicable standards as set forth in40 CFR Parts 60 and 61; (2) the applicable state implementationplan emissions limitation, including those with a future compliance date; or (3) the emissions rate specified as a federally enforceable permit condition, including those with a future compliance date. G. "Associated emission sources" means secondary emissions and all reasonably foreseeable emissions ofregulated pollutants from 

### the growthofgeneral residential, commercial, industrial, governmental emission sources and other mobile and non-mobile emission sources which are associated with and/or support the proposed new major stationary source ormajormodification. Other mobile andnon-mobile emission sources shall include, but notbe limited to, new highways and roads or improvements to existing highways and roads to increase capacity, newparking facilities or improvements to existing parking facilities to increase capacity, service 

### enhancements to ground and airpublic transportation to include the building ofnewpublic transportation facilities

orimprovements to existing public transportation facilities to increase capacity; and the building ofnewpublic Or private educational facilities orimproving existing public orprivate educational facilities to increase enrollment.

20.11.61 NMAC 2

### H. "Attainment area" means, for any air pollutant, an area which is shownby monitored data or which is calculatedby airquality modeling not to exceed any national ambient air quality standard for such pollutant, and is so designated under Section 107(d)(I)(D) or (E) ofthe act. 

### I. "Baseline actual emissions" means the rate ofemissions, in tons per year, ofa regulated new
source review pollutant, as determined in accordance with Paragraphs (1)-(4) ofSubsectionI of20.11.61.7 NMAC. 

### (I) 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 yearperiod immediatelypreceding when the owner or operatorbegins actual constructionofthe project. The department shall allow the use ofa different time period upon a determination that it is more representative ofnormal source operation. (a) The average rate shall include fugitive emissions to the extent quantifiable, 

### and emissions associated with startups, shutdowns, and malfunctions. 

### (b) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitationthat was legally enforceable during the consecutive 24-monthperiod. (c) For aregulated new source review pollutant, when a project involves multiple emissions units, only one consecutive 24-monthperiod must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-monthperiod can be used for eachregulatednew source review pollutant. (d) The average rate shall not be basedon any consecutive 24-monthperiod for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount ifrequired by Subparagraph 

### (b) ofParagraph (I) ofSubsection I of20.11.61.7 NMAC. (2) Foran 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 owneroroperator within the 10 yearperiod immediately preceding either the date the owner oroperatorbegins actual construction ofthe project, or the date a complete permit application is receivedby the department for a permitrequired either under 20.11.61 NMAC orunder a plan approved by the administrator, whichever is earlier, except that the 10 yearperiod shall not include any period earlierthanNovember 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 limitationwithwhich the major stationary source must currently comply, had such major stationary source been required to comply with such limitations during the consecutive 24-monthperiod. However, ifan emission limitation is partofa maximum achievable control technology standard that the administrator proposed orpromulgated under40 CFR Part 63, the baseline actual emissions need only be adjusted ifthe state 

### has taken credit for such emissions reductions in an attainment demonstration or maintenance plan consistent with the reqnirements of40 CFR 51.165(a)(3)(ii)(G). (d) For a regulated new source review pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period can be used for each regulatednew source review pollutant. (e) The average rate shall not

### be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount ifrequired by Subparagraphs (b) and (c) ofParagraph (2) ofSubsection I of20.11.61.7 NMAC. (3) For a new emissions unit, the baseline actual emissions for purposes ofdetermining the emissions increase that will result from 

### the initialconstruction andoperation ofsuch unit shall equal zero; and thereafter, for all otherpurposes, 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 clectric utility steam generating units in accordance with the procedures contained in Paragraph (I) ofSubsection I of20.11.61.7 NMAC, for other existing emissions units in accordance with the procedures contained inParagraph (2) ofSubsection I of20.11.61.7 NMAC, and for a new emissions unit in accordance with the procedures contained in Paragraph (3) ofSubsectionI of20.11.61.7 NMAC.

20.11.61 NMAC 3

### J. "Baseline area" (I) Means any intrastate area (and everypart thereof) designated as attainment or unclassifiable under Section 107(d)(I) 

### (D) or (E) ofthe act in which the major source or major modification establishing the minor

source baseline date would construct or wouldhave an air quality impact equal to or greater 

### than one microgramper cubic meter (I I'Wm') (annual average) ofthe pollutantfor which the minor source baseline date is established. (2) Area redesignations under Section 107(d)(I) 

### (D) or (E) ofthe act cannot intersect orbe smaller 

### than the area ofimpact ofany major stationary source or majormodification 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) Anybaseline area establishedoriginally for total suspendedparticulates (TSP) increments shall remain in effect and shall apply for purposes ofdetermining the amount ofavailable PM,. increments, except that such baseline area shall not renutin in effect ifthe department rescinds the corresponding minor source baseline date in accordance with Paragraph (3) ofSubsection MM of20.11.61.7 NMAC. K. "Baseline concentration" means that ambient concentration level that exists in the baseline area at the time ofthe applicable minor source baseline date. (I) A baseline concentration is determined for eachpollutantfor which a minor source baseline date is established and shall include: (a) the actual emissions representative ofsources inexistence on the applicable minor source baseline date, except as provided in Paragraph (2) ofSubsection K of20.11.61.7 NMAC; (b) the allowable emissions ofmajor stationary sources that commenced construction before the major sourcebaseline date, but were not in operationby 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 constructioncommenced 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 geneml, the initiation ofphysical onsite construction activities on an emissions unit which are ofa permanent nature. Such activities include, but are not limited to, installation ofbuilding supports and foundations, laying ofundergroundpipework 

### and construction ofpermanent storage structures. With respect to a change in method ofoperation, this term refers to those on-site activities, other 

### thanpreparatory activities which markthe initiation ofthe change. M. "Best available control technology (BACT)" means an emissions limitation (including a visible emission standard) based on the maximum degree ofreduction for eachregulated new source review pollutant which would be emitted from any proposed major stationary source ormajor modification, which the director on a**case~by-case** basis, taking 

### into account energy, environmental, and economic impacts and other costs, detennines is achievable for such source or modification through application ofproductionprocesses or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control ofsuch pollutant. In no event shall application ofbest available control technology result in emissions ofany 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 ofmeasurement methodology to a particular emissions unit would make the impositionofan emissions standard infeasible, a design, equipment, workpractice, operational standard, or combination thereof, maybe prescribed instead to satisfy the requirement for the application ofbest available control technology. Such standard shall, to the degree possible, set forth the emissions reduction achievableby inJplementation ofsuch design, equipment, workpractice, or operation, and shall provide for compliance by means which achieve equivalentresults. N. "Building, structure, facility, or installation" means all ofthe pollutant emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control ofthe same person (orpersons under commoncontrol) except the activities ofany vessel. Pollutantemitting activities shall be considered as part ofthe same industrial grouping iftheybelong to 

### the same "major group" (Le., which have the same first two-digit code) as described inthe 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.

20.11.61 NMAC 4P. "Commence" as applied to construction ofa majorstationary source or major modification,

means that the owner or operatorbas all necessarypreconstruction approvals orpermits and eitherbas: (I) 

### begun, or caused to begin, a continuous program ofactual on-site construction ofthe source, to be completed within a reasonable time; or (2) entered into binding agreements or contractual obligations, which cannotbe cancelled or modified without substantial loss 

### to the owneroroperator, to undertake aprogram ofactual construction ofthe source to be completed within a reasonable time. 

### Q. "Complete" means, in reference to an application for a permit, that the department bas determined the application contains all ofthe information necessary for processing the application. Designating an application complete for purposes ofpermitprocessing does notpreclude the department from requesting or accepting any additional information. R. "Construction" means any physical change orchange in the method ofoperation (including fabrication, erection, installation, demolition, or modificationofan emissions unit) that would result in a change in emissions. S. "Continuous emissions monitoring system (CEMS)" means all ofthe equipment that maybe required to meet the data acquisition and availabilityrequirements of20.11.61 NMAC, to sample, condition (if applicable), analyze, and provide a record ofentissions on a continuous basis. T. "Continuous emissions rate monitoring system (CERMS)" means the total equipment required for the determination and recording ofthe pollutant mass emissions rate (in terms ofmass perunit oftime). U. "Continuous parameter monitoring system (CPMS)" means all ofthe equipment necessary to meet the data acquisition 

### and availability requirements of20.11.61 NMAC, to monitorprocess and control device operationalparameters (fur example, contrul device secondaryvoltages and electric currents) and other information (for example, gas flow rate, 

### 0, or CO, concentrations), and to record average operational parametervalue(s) on a 

### continuous basis. V. "Department" means the city ofAlbuquerque, environmental health department or its successor agency. W. "Director" means the director ofthe city ofAlbuquerque, environmental health department or the director ofits successor agency. X. "Electric utility steam generating unit" means any steam electric generating unit that is constructed for the purpose ofsupplying more 

### than one-third ofits potential electric output capacity and more than 25 megawatts electrical output to any utilitypower distribution system for sale. Any steam supplied to a steam distribution system for the purpose ofproviding steam to a steam-electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity ofthe affected facility. Y. "Emissions unit" means any part ofa stationary source that emits or would have the potential to emit anyregulated new source review pollutant and includes an electric utility steam generating unit as defined in 20.11.61.7 NMAC. Forpurposes of20.11.61 NMAC, there are two types ofemissions units as follows: (I) a new emissions unit is any emissions unitthat is (or will be) newly constructed and thathas existed fur 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 (I) ofSubsectionY of20.11.61.7 NMAC. A replacementunit is an existing unit. Z. "Federal land manager" means, withrespect to any lands in the United States, a federal level cabinet secretary ofa federal level department (e.g. interior department) with authority over such lands. AA. "Federally enforceable" means all limitations and conditions which are enforceable by the admirtistrator, including: (I) those requirements developed pursuant to 40 CFR Parts 60 and 61 ; (2) requirements within any applicable state implementationplan (SIP); (3) anypermitrequirements 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 expresslyrequires adherence to any permit issuedunder suchprogram. BB. "Fugitive emissions" means those emissions which could not reasonablypass through a stack, chimney, vent, or other functionally equivalent opening. CC. "Greenhouse gases" or "GOGs" means the airpollutant defined in 

### § 86.1818-12(a) ofChapter I ofTitle 40 ofthe CFR, as 

### the aggregate group ofsix greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfurhexafluoride.

20.11.61 NMAC 5DD. "High terrain" means any areahaving anelevation 900 feet or more above the base ofa source's stack. EE. "Indian governing body" means the governing body ofany lribe, band, or group ofindians subject to 

### thejurisdiction ofthe United States and recognized by the United States as possessing power ofself

### government. FF. "Innovative control technology" means any system ofairpollution control that has not been adequately demonstrated in practice, but would have a substantial likelihood ofachieving greater continuous emissions reduction than any control system in current practice or achieving at least comparable reductions at lower 

### cost in 

### terms ofenergy, economics, or non-airquality environmental impacts. GG. "Low terrain" means any area otherthan high terrain. HH. "Lowest achievable emission rate (LAER)" means, for any source, the more stringentrate of emissions based on the following: (I) the most slringent emissions limitation which is contained in the implementation plan ofany state for such class or category ofstationary source, unless the owner or operator ofthe proposed stationary source demonstrates that such limitations are not achievable; or (2) the most stringent emissions limitation which is achieved inpractice 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 ofthis term permit a proposed new or modified stationary source to emit any pol1utant in excess ofthe amount allowable under an applicable new source standard ofperformance. 

### II. "Major modification" (I) Means any physical change in or cbange in the method ofoperation ofa major stationary source that would result in: a significant emissions increase ofa regulated new source review pollutant; and a significant net emissions increase ofthat pollutant from the major stationary source. 

### (2) 

### Any significantemissions increase from any emissionsunits or netemissions increase at amajor stationary source that is significant for volatile organic compounds or oxides ofnitrogen shall be considered significantfor ozone. (3) A physical change or change in the method ofoperation shall not include: (a) routine maintenance, repair, and replacement; (b) use ofan alternative fuel orraw material by reason ofan order under Section 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) orbyreason ofa natural gas curtailmentplanpursuant to the Federal Power Act; (c) use ofan alternative fuel by reasOn ofan order orrule under Section 125 ofthe act; (d) Use ofan alternative fuel at a steam generating unit to the extent that the fuel is generated 

### from municipal solid waste; (e) use ofan alternative fuel orraw material by a stationary source which: (i) the source 

### was capable ofaccommodating before Jannary 6, 1975, uuless such change would beprohibited under any federal1y enforceablepermit condition which 

### was established after January 6, 1975 pursuant to 40 CFR 52.21 Orunder 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 ofoperation or in the production rate, uuless such change would be prohibited under any federal1y enforceable permit condition which was established after Jannary 6, 1975, pursuant to 40 CFR 52.21 or underregulations approved pursuant to 40 CFR Subpart I or40 CFR 51.166; (g) any change in ownership at a stationary source; (h) the instal1ation, operation, cessation, orremoval ofa temporary clean coal technology demonstration project, provided that the project complies with: (i) the state implementation plan for the state in which the project is located; and (ii) otherrequirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated; (i) the installation or operation ofa permanent clean coal technology demonstration project that constitutes repowering, provided that the project does not result in an increase in the potential to emit ofany regulated new source review pollutant emittedby the unit; this exemption shall apply On a pollutant-by-pollutant 

### basis; or (j) the reactivation ofa very clean coal-fired eleclric utility steam generating unit.

20.11.61 NMAC 6(4) This definition sball not apply withrespect

### to a particularregulated new source review pollutant when the major stationary source is complying with the requiremeIlts under 20.11.61.20 NMAC for a PAL for that pollutant. Instead, the definition at Paragraph (8) ofSubsection B of20.11.61.20 NMAC shall apply. 

### JJ. "Major source baseline date" means: (I) in the case ofparticulate matter and sulfur dioxide, January 6,1975; and (2) in the case ofnitrogen dioxide, February 8, 1988. 

### KK. "Major stationary sonrce" 

### (I) means: (a) any stationary source listed inTable I of20.11.61.26 NMAC which emits, or has the potential to emit, 100 tons per yearor more ofanyregulated new source review pollutant; 

### (b) notwithstanding the stationary source categories specified in Subparagraph (a) ofParagraph 

### (I) ofSubsection KK of20.11.61.7 NMAC, any stationary source whichemits, or has the potential to emit, 250
tons per year or more ofanyregulated new source review pollutant; or (c) any physical change that would occur at a stationary source not otherwise qualifying under Subsection KKof20.11.61.7 NMAC, as a major stationary source ifthe change would constitute a major stationary

source by itself. (2) A major source that is major for volatile organic compounds or oxides ofnitrogen shall be 

### considered major for ozone. (3) 

### The fugitive emissions ofa stationary source shall not be included in determining whether it is a major stationary source, unless the source belongs to one ofthe stationary source categories found inTable I of 20.11.61.26 NMAC or any other stationary source category which, as ofAugust 7, 1980, 

### is being regulated under Section III or 112 ofthe act. LL. "Mandatory federal class I area" means any area identified in40 CFRPart 81, Subpart D. MM. "Minor source baseline date" means the earliest date after the trigger date on which a major stationary source or majormodification subject to 40 CFR 52.21, or20.11.61 NMAC, submits a complete application. 

### (I) The triggerdates are: (a) August 7, 1977, for particulate matter and sulfur dioxide; and 

### (b) February 8, 1988 for nitrogen dioxide. (2) The baseline date is established for eachpollutantfor which increments or other equivalent

measures bave been established if: (a) the area inwhich the proposed major stationary source ormajor modification would construct is designated as attainment orunclassifiable under Section 107(d)(i)(D) or (E) ofthe federal act for the pollutant on the date ofits complete application under 40 CFR 52.21 or 20.11.61 NMAC; and 

### (b) in the case ofa major stationary source, the pollutant wouldbe emitted in significant amounts, or in the case ofa majormodification, there would be a significantnet emissions increase ofthe pollutant. (3) Any minor source baseline date establishedoriginally for the TSP increments shall remain in effect and sball apply for purposes ofdetermining the amount ofavailable PMIO increments, except that the department mayrescind any such minor source baseline date where itcanbe shown, to the director's satisfaction 

### that, either the emissions increase from the major stationary source, or the netemissions increase from the major modification, responsible for triggering that date did not result in a significant amount ofPM,o emissions. NN. "Natural conditions" includes natorally occurring phenomena thatreduce visibility as measured in 

### terms ofvisual 

### range, contrastor coloration. 

### 00. "Necessary preconstrnction approvals or permits" meanthose permits or approvals required under fedeml airquality control laws and regulations and those air quality control laws and regulations which are part ofthe New Mexico state implementation plan. 

### PP. "Net emissions increase" (I) Means, that withrespect to anyregulated new source review pollutant emittedby a major stationary source, the amount by which the sum ofthe following exceeds zero: (a) the increase in emissions from a particularphysical change or cbange in the method of operation at a stationary source as calculatedpursuant to Subsection D of20.1 1.61.1 I NMAC; and (b) any other increases and decreases in actual emissions at the major stationary source that are contempomneous with the particular change and are otherwise creditable; baseline actual emissions for calculating increases and decreases sball be determined as provided in Subsection I of20.l1.61.7 NMAC, except that Subparagraph (c) ofParagraph 

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

20.11.61 NMAC 7(2) An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only ifit occurs between: (a) the date five years prior to the commencement ofconstruction on the particular change; and 

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

### the commencement ofconstruction on the particular change; and 

### (ii) the date that the increase from the particular change occurs; and 

### (b) the department has not relied on it in issuing a permit for the source under regulations approved pursuant to 20.11.61 NMAC, whichpermit is in effect when the increase in actual emissions from the particular change occurs. (4) An increase or decrease in actual emissions ofsulfur dioxide, particulate matter, or oxides of nitrogen that occurs before the applicable minor source baseline 

### date is creditable only ifit is required to be considered in calculating the amount ofmaximum allowable increases remaining available. (5) An increase in actual emissions is cn;ditable only to the extent that the new level ofactual emissions exceeds the old level. (6) A decrease in actual emissions is creditable only to the extent that: (a) the old level ofactual emissions or the old level ofallowable emissions, whichever is lower, exceeds the new level ofactual emissions; 

### (b) it is enforceable as a practical matter at and after the time that actual construction on the particular change begins; and (c) it has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change; and (7) an increase that results from a physical change at a source occurs when the emissions unit on which construction occurredbecomes operational and begins to emit a particularpollutant; any replacement unit that requires shakedownbecomes operational only after a reasonable shakedown period, not to exceed 180 days. (8) Paragraph (2) ofSubsectionB of20.11.61.7 NMAC sball not apply for determining creditable 

### increases and decreases. QQ. "Nonattalnment area" means an area which has beendesignated under Section 107 ofthe act as nonattainment for one or more ofthe national ambient air quality standards by EPA. 

### RR. "Portable stationary source" means a source which can be relocated to another operating site with limited dismantling and reassembly. SS. "Potential to emit" means the maximum capacity ofa stationary source to emit a pollutant under its physical and operational design. Any physical oroperational limitation on the capacity ofthe source to emit a pollutant, including airpollutant control equipment and restrictions on hours ofoperation or onthe type or amount ofmaterial combusted, stored, orprocessed, shall be treated as part ofits design ifthe limitations or the effect the limitation would have on emissions is federally enforceable. Secondary emissions do not count in determining the potential to emit ofa stationary source. IT. "Predictive emissions monitoring system (PEMS)" means all ofthe equipment necessary to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, 

### 0, or

### CO, concentrations), and calculate and record the mass emissions rate (for example, Ib/hr) on a continuous basis. 00. "Project" means a physical change in, or change in method ofoperation of, an existing major stationary source. 

### VV. "Projected actual emissions" (I) Means 

### the maximum annual rate, in tons peryear, at which an existing emissions unit is projected to emit a regulated new source review pollutant in anyone ofthe five years (l2-month period) following the date the unitresumes regular operation after the project, or in anyone ofthe 10 years fullowing that date, if

### the project involves increasing the emissions unit's design capacity or its potential to emit that regulated newsource review pollutant, and full utilization ofthe unit would result in a significant emissions increase, or a significant net 

### emissions increase at the major stationary source. (2) In determining the projected actual emissions (before beginning actual construction), the owner or operatorofthe major stationary source: (a) shall consider all relevant information, including but not limited to, historical operational data, the company's ownrepresentations, the company's expected business activity and the company's highest

20.11.61 NMAC 

### 8projections ofbusiness activity, the company's filings with the state or federal regulatory authorities, and compliance plans under an approved SIP; and (b) shall include fugitive emissions to the extent quantifiable and emissions associated with startups, shutdowns, and malfunctions; and (c) shall exclude, in calculating any increase inemissions that results from the particular project, that portion ofthe unit's emissions following the project that anexisting 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**projec~** including any increasedutilization due to product demand growth; or (3) may elect to use the emissions unit's potential to emit in tons per year in lieu ofusing the method set out in Subparagraphs (a)-(c) ofParagraph (2) ofSubsection VV of20.11.61.7 NMAC. WW. "Regulated new source review pollutant" means the following: 

### (I) any pollutant for which a national ambient air quality standard 

### has been promulgated and any pollutant identified under Paragraph (I) ofSubsection WW of20.11.61.7 NMAC as a constituent or precursor to such pollutant; precursors identified by the administrator for purposes ofnew source review are the following: (a) volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and unclassifiable areas; (b) sulfur dioxide is a precursor to PM,., in all attainment and unclassifiable areas; (c) nitrogen oxides are presumed to 

### be precursors to PM,., in all attainment andunclassifiable
areas, unless the state demonstrates to the administrator's satisfactionorEPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area's ambient PM
,., 

### concentrations; (d) volatile organic compounds are presumed not to be precursors to PM,,, in any attainment or unclassifiable area, unless 

### the state demonstrates to the administrator's satisfaction orEPA demonstrates that emissions ofvolatile organic compounds from sources in a specific area are a significant contributor to that area's 

### ambientPM2.

### .s 

### concentrations; (2) any pollutant that is subject to any standard promulgatedunder Section 

### III ofthe act; (3) any class I or 

### 11 substance subject to a standardpromulgated underor established by Title VI of the act; (4) any pollutant that otherwise is "subject to regulation" under the act as defmed in Subsection CCC of20.11.61.7 NMAC; (5) notwithstanding Paragraphs (I) through (4) ofSubsectionWW of20.11.61.7 NMAC, the term "regulatedNSRpollutanf' shall not include any or all hazardous air pollutants either listed in Section 112 ofthe**ac~** or added to the listpursuant to Section 112(b)(2) ofthe act, and whichhave not been delisted pursuant to Section 112(b)(3) ofthe act, unless 

### the listed hazardous airpollutant is also regulated as a constituentorprecursor ofa general pollutant listedunder Section 108 ofthe act; (6) particulate matter (PM) emissions, PM,., emissions, and PM" emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures; on or after January I, 2011 (or any earlier date established in the upcoming rulemaking codifying test methods), such condensable particulate mailer shall 

### be accounted for in applicability determinations and in establishing emissions limitations for PM, PM,., and PM" in PSD permits; compliance with emissions limitations for PM, PM,., andPM,. issuedprior to this date shall not be basedon condensable particulate mailerunless required by the terms and conditions ofthe permit or the applicable implementation plan; applicability determinations made prior to 

### this date without accounting for condensable particulate matter shall not be considered in violationof20.11.61 NMAC unless the applicable implementation plan required condensable particulate mailer to be included. 

## xx. "Replacement unit" means an emission unit for which all ofthe following criteria are met. No creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced. (I) The emissions unit is a reconstructed unit within the meaning of40 CFR 60.15(b)(I), or the emissions unit completely takes the place ofanexisting emissions unit. (2) The emissions unit is identical to or functionally equivalent to the replaced emissions unit. (3) The replacement unit does not change the basic design parameter(s) ofthe process unit. (4) The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter. If the replaced emissions unit is brought backinto operation, it shall constitute a new emissions unit. 

### ¥Y. 

### "Secondary emissions" means emissions which occuras aresult ofthe 

### construction or operation ofa major stationary source ormajor modification, but do not come from the major stationary source or major

20.11.61 NMAC 

### 9

### modification itself. For the purpose of20.11.61 NMAC, secondary emissions must be specific, well defmed, quantifiable, and impact the same general areas as the stationary source or modification whichcauses the secondary emissions. Secondary emissions include emissions from any offsite support facility which would notbe constructed



### or increase 

### its emissions except as aresult ofthe construction or operation ofthe major stationary source ormajor modification. Secondary emissions do not include any emissions which come directly from a mobile source, such as 

### emissions from the 

### tailpipe ofamotor vehicle, from atrain, orfrom a vessel. ZZ. "Significant" means: (I) inreference to a net emissions increase or the potential ofa source to emit any of

### the pollutants listed in Table 2 of20.11.61.27 NMAC, a rate ofemissions that would equal or exceed any of

### the corresponding emission rates listed in Table 2 of20.11.61.27 NMAC; (2) in reference to a net emissions increase orthe potential ofa source to emit a regulated new source review pollutant that Paragraph (I) 

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

### ofSubsection ZZ of20.11.61.7 NMAC, any emissions rate or any net emissions increase associated with a major stationary source or major modification, which would construct within 10 kilometers ofa class I area, and have an impact on such area equal to or greater than I ",glm' (24-hour average).

### AAA.**"Signifi~ant** emissions increase" means, for a 

### regulated new source review pollutant, an increase in emissions that is significant for thatpollutant. BBB. "Stationary source" means any building, structure, facility, or installation which emits, or may emit, any regulated new source review pollutant. CCC. "Subject to regulation" means, for any airpollutant, that the pollutant is subject to either a provision in the Clean 

### AirAct, or a nationally-applicable regulation codified by the administrator in Subchapter C of ChapterI ofTitle 40 ofthe CFR, that requires actual contrul ofthe quantity ofemissions ofthat pollutant, and that such a contrul requirement has taken effect and is operative to control, limit orrestrict the quantity ofemissions of thatpollutant released from 

### the regulated activity. Except that: (I) 

### Greenhouse gases (GUGs) shall notbe subjectto regulation except as provided in Paragraphs (4) and (5) ofSubsection CCC of20.11.61.7 NMAC. (2) Forpurposes ofParagraphs (3) through (5) ofSubsection CCC of20.11.61.7 NMAC, the term "tpyCO, equivalent emissions (CO,e)" shall represent an amount ofGHGs emitted, and shall be computed as follows: (a) multiplying the mass amount ofemissions (tpy), for each ofthe six greenhouse gases in the pollutant GHGs, by 

### the gas's associated global warming potential published at Table A-I 

### to subpartA ofPart 98 of ChapterI ofTitle 40 ofthe CFR

- Global Warming Potentials; (b) sum the resultant value from Subparagraph(a) ofParagraph (2) ofSubsection CCC of 20.11.61.7 NMAC for each gas 

### to compute a tpyCO,e. (3) The term "emissions increase" as used in Paragraphs (4) and (5) ofSubsection CCC of20.11.61.7 NMAC, shall mean that both a significant emissions increase (as calculated using the procedures in Subsection

### 0 of 20.I 1.61.1 I NMAC) and a significant net emissions increase (as defmed in Subsection PP of20. I 1.61.7 NMAC and Subsection ZZ of20.11.61.7 NMAC) occur. For the pollutant GHGs, an emissions increase shallbe based on tpy CO,e, 

### and shall be calculated assunting 

### the pollutant GHGs is a regulatedNSR pollutant, and "significant" is defmed as 75,000 tpy C02e instead ofapplying the value in Table 2 of20.11.61.27 NMAC. (4) Beginning January 2, 2011, the pollutant GHGs is subjectto regulation if: (a) the stationary source is a new major stationary source for a regulatedNSR pollutant that is not GHGs, and also will emit or will have the potential to emit 75,000 tpy CO,e ormore; or (b) the stationary source is an existing major stationary source for a regulated NSR pollutant that is not GHGs, and also will have an emissions increase ofa regulatedNSR pollutant, and an emissions increase of75,000 tpy CO,e ormore; and, (5) beginning July I, 2011, in addition to the provisions in Paragraph (4) ofSubsection CCC of 20.11.61.7 NMAC, the pollutant GHGs shall also be subjectto regulation: (a) at a new stationary source that will emit orhave the potential 

### to emit 100,000 tpy CO,e; or (b) at an existing stationary source that emits or has the potential to emit 100,000 Ipy CO,e, when such stationary source undertakes aphysical change or change in the method ofoperation that will result in an emissions increase of75,OOO tpy CO,e ormore. DDD. "Temporary source" means a stationary source which changes its location or ceases to exist 

### within two years from the date ofinitial start ofoperations.

20.11.61 NMAC 10EEE. "Visibility impairment" means any humanlyperceptible change invisibility (visual range, contrast, coloration) from that which wouldhave existed under natural conditions. FFF. "Volatile organic compound (VOC)" means any compound ofcarbon, excluding carllon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carllonate, which participates in atmospheric photochemical reactions; this includes any suchorganic compound other than those which the administrator designates as having negligible photochemical reactivity under40 CFR 51.1

### OO(s). [20.1\.6\.7 NMAC

- Rp, 20.1\.6\.7 NMAC, 1/23/06; A, 5/15/06; A, 8/30/10; A, 1/10/11]

20.11.61.S SAVINGS CLAUSE: Any amendment to 20.1\.61 NMAC, 

### Prevention o/Significant Deterioration that is med with the state records center and archives shal1 not affect actions pending for violation ofa city or county ordinance orboard regulation. Prosecution for a violation underpriorregulation wording shal1 be governed and prosecuted under the statute, ordinance, part or section in effect at the time the violation was committed. [20.1\.6\.8 NMAC

- Rp, 20.11.6\.9 NMAC, 1/23/06]

20.11.61.9 SEVERABILITY: Ifany section, paragraph, sentence, clause, or word of20.1\.61 NMAC or any federal standards incorporated herein is for anyreasonheld to be unconstitutional orotherwise invalid by any court, the decision shal1 not affect the validity ofremaining provisions of20.11.61 NMAC. [20.11.6\.9 NMAC

- Rp, 20.1\.61.10 NMAC, 1/23/06]

20.11.61.10 DOCUMENTS: Documents incorporated and cited in 20.1\.61 NMAC may be viewed at the Albuquerque environmental healthdepartment, 

### One Civic PlazaNW, 3rdFloor, Room 3023, Albuquerque, NM 87102. [20.11.61.10 NMAC

- Rp, 20.11.61.11 NMAC, 1/23/06]

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

source or any project at an existing major stationary source in an area designsted as attainment or unciassifIable. B. The requirements ofSections 20.1\.61.12 NMAC through 20.1\.61.18 NMAC, 20.1\.6\.21 NMAC and 20.1\.6\.24 NMAC apply to 

### the constructionofany new major stationary source or the major modifIcation ofany existing major stationary source, except as 20.11.61 NMAC otherwise provides. C. No new major stationary source or major modifIcation to which the requirements ofSubsections A, B, C and D of20.11.6\.12 NMAC, Sections 20.11.61.13 NMAC through 20.1\.61.18 NMAC, 20.1\.6\.21 NMAC and 20.11.61.24 NMAC apply shal1 begin actual construction without a pennit that states that the major stationary source or majormodifIcation wil1 meet those requirements. D. Applicability proeednres. 

### (l) Except as otherwise provided in Subsection E of20.1 \.61.1 I NMAC, and consistent with the defInition ofmajormodifIcation, a project is a majormodifIcation for a regulated new source review pol1utant ifit



### causes asignificant emissions increase and asignificantnet emissions increase. The project is not amajor modification if

### it does not Cause 

### asignificant emissions increase. 

### Ifthe 

### project causes a significantemissions increase, then 

### the projectis amajor modification only 

### ifit also results in 

### asignificantnet emissions increase. (2) The procedure for calculating (before beginning actual construction) whether a signifIcant emissions increase (i.e., the fIrst step ofthe process) will occur depends upon the type ofemissions units being modifIed, according to Paragraphs (3) through (4) ofSubsection D of20.1 \.61.1 I NMAC. The procedure for calculating (before beginning actual construction) whether a signifIcant net emissions increase wil1 occur at the major stationary source (i.e., the second step ofthe process) is contained in the defInition in Subsection PP of 20. I\.6\.7 NMAC. Regardless ofany suchpreconstruction projections, a majormodifIcation results ifthe project



### causes a significantemissions increase and a significantnet emissions increase. (3) Actual-to-projected-actual applicability test for projects that only Involve existing emissions units. A signifIcant emissions increase ofa regulated new source reviewpol1utant is projected to occur ifthe sum of the difference between the projected actual emissions and the baseline actual emissions for each existing emissions unit equals orexceeds 

### the signifIcant amount for that polIutant. (4) Actual-to-potential test for projects that only Involve construction ofa new emissions unit(s). A signifIcant emissions increase ofa regulated new source review pollutantis projected to occur ifthe sum ofthe difference between 

### the potential to emit from each new emissions unit fol1owing completion ofthe project

20.1\.61 NMAC 

### 11and the baseline actual emissions ofthese units before the project equals or exceeds the significant amount for that pollutant. (5) Hybrid test for projects that involve multiple types ofemissions units. A significant emissions increase ofa regulated new source review pollutant is projected to occur ifthe sum ofthe emissions increases for each emissions unit. using the method specified in Paragraphs (3) and (4) ofSubsection D of 20.11.61.11 NMAC as applicable with respect to each emissions unit, for eachtype ofemissions unit equals or exceeds the significant amount for that pollutant. 

### E. For any major stationary source for a PAL for a regulated new source review pollutant, the major stationary source shall comply with requirements under 20.11.61.20 NMAC. [20.11.61.11 NMAC

- N, 1/23106; A, 8/30/10; A, 1/10/11]



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

### enforcement action. B. Approval to construct shall not relieve any person from the responsibility to comply fully with the provisions ofthe 

### Air Quality Control Act, Sections 74-2-1 to 74-2-17, NMSA 1978; any applicable regulations of the board; and any other requirements under local, state, or federal law. 

### C. Approval to construct shall become invalid ifconstruction is not commenced within 18 months after receipt ofsuch approval, ifconstruction is discontinued for a period of 18 months or more, or ifconstruction is
not completed within a reasonable time; the administrator may extend the 18-monthperiod upon a satisfactory showing that an extension isjustified; this provisiondoes not apply to the time period between construction ofthe approved phases ofa phased construction project; each phase must commence construction within 18 months ofthe projected and approved commencement date. 

### D. At such time that a particular source or modification becomes a major stationary source or major modification solely by virtue ofa relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity ofthe source or modification otherwise to emit a pollutant. such as a restriction onhours of operation, then 20.11.61 NMAC shall apply to the source or modification as though constructionhad not yet 

### conunenced on the source or modification. 

### E. Except as othermse provided in Subparagraph (b) ofParagraph (6) ofSubsection E of20.11.61.12 NMAC the following specific provisions apply with respect to any regulated new source review pollutant emitted from projects at existing emissions units at a major stationary source (other 

### than projects at a source with a PAL) in circumstances where there is a reasonable possibility within the meaning ofParagraph (6) ofSubsection E of 20.11.61.12 NMAC that a project that is not a part ofa major modification may result in a significant emissions increase ofsuchpollutant and the owner or operator elects to USe the method specified in Paragraphs (I) through (3) ofSubsection

### VV of20.11.61.7 NMAC for calculating projected actual emissions. 

### (I) Before beginning actual construction ofthe project. the owneror operator shall document and maintain a record ofthe following information: (a) a description ofthe project; (b) identification ofthe emissions unit(s) whose emissions ofa regulated new source review pollutant could be affected by the project; and (c) a description ofthe applicability test used to determine that the project is not a major modification fur any regulated new source review pollutant, including the baseline actual emissions, the projected actual emissions, the amount ofemissions excluded under Paragraph (3) ofSubsection VVof20.11.61.7 NMAC and an explanation for why such amount was excluded, and any netting calculations, ifapplicable. (2) Ifthe emissions unit is an existing electric utility steam generating unit, before beginning actual construction, the owner

### oroperator shall provide a copy ofthe information set out in Paragraph 

### (I) ofSubsection E of20.11.61.12 NMAC to the department. Nothing inParagraph (2) ofSubsectionE of20.11.61.12 NMAC shall be construed to require the owner or operator ofsuch a unit to obtain any determination from the department before beginning actual construction; however, necessarypreconstruction approvals and/or permits must 

### be obtained before beginning actual construction. (3) The owner or operator shall monitor the emissions ofanyregulated new source review pollutant that could increase as a result ofthe project and that is emitted by any emissions unit identified in Subparagraph (b) ofParagraph 

### (I) ofSubsection E of20.11.61.12 NMAC; and calculate and maintain a record ofthe annual emissions, in tons per yearon a calendar year basis, for a period offive years following resumption ofregular operations after the change, or for a period of 10 years following resumption ofregularoperations after the change if

20.11.61 NMAC 12the project increases the design capacity orpotential to emit ofthat regulated new source review pollutant at such emissions unit. For purposes ofParagraph (3) ofSubsection E of20.11.61.12 NMAC, fugitive emissions (to the
extent quantifiable) shall be monitored 

### ifthe emissions unit is part ofone ofthe source categories listed in Table 

### I of20.11.61.26 NMAC or ifthe emissions unit is located at a major stationary source that belongs to one ofthe listed

source categories. (4) Ifthe unit is an existing electric utility steam generating unit, the owneroroperator shall submit a report to the department within 60 days after the end ofeach year during which records must be generated under Subparagraph (c) ofParagraph (I) ofSubsection E of20.11.61.12 NMAC setting out the unit's annual emissions during the calendar year that preceded submission ofthe report. (5) Ifthe unit is an existing unit other than an electric utility steam generating unit, the owner or operator shall submit a report to the department ifthe annual emissions, in tons per year, from the project identified inParagraph (I) ofSubsection 

### E of20.11.61.12 NMAC, exceed the baseline actual emissions (as documented 

### and maintainedpursuant to Subparagraph (c) ofParagraph (I) ofSubsection E of20.11.61.12 NMAC) by a significant
amount for that regulated new source review pollutant, and ifsuch emissions differ from the preconstruction projection as documented and maintainedpursuant to Subparagraph (c) ofParagraph (I) ofSubsection E of 20.11.61.12 NMAC. Suchreport shall be submitted to the department within 60 days after the endofsuch'year. The report shall contain the following: (a) the name, address and telephone number ofthe major stationary source; 

### (b) the annual emissions as calculated pursuant to Paragraph (3) ofSubsection 

### E of20.11.61.12 NMAC;and (c) any other information that the owneroroperator wishes to include in the report (e.g., an explanation as to why the emissions differ from the preconstructionprojection). (6) A "reasonable possibility" under Subsection E of20.11.61.12 NMAC occurs when the owner or operator calculates the project to result in either: (a) a projected actual emissions increase ofat least 50 percentofthe amount that is a "significant emissions increase," as defined under Subsection

### AAA of20.11.61.7 NMAC (without reference to the amount that is a significant net emissions increase), for the regulated new source review pollutant; or 

### (b) a projected actual emissions increase that, added to the amountofemissions excludedunder Paragraph (3) ofSubsection

### VV of20.11.61.7 NMAC, surns to at least 50 percentofthe amount that is a "significant emissions increase," as dermedunder Subsection 

### AAA of20.11.61.7 NMAC (without reference to the
amount that is a significant net emissions increase), for the regulated new source review pollutant; for a project for which a reasonable possibility occurs only within the meaning ofSubparagraph (b) ofParagraph (6) ofSubsection E of20.11.61.12 NMAC, and not also within the meaning ofSubparagraph (a) ofParagraph (6) ofSubsection E of 20.11.61.12 NMAC, thenprovisions ofParagraphs (2) through (5) ofSubsection 

### E of20.11.61.12 NMAC do not apply to the project. 

### F. The owner or operatorofthe source shall make the information required to be documented and maintainedpursuant to Subsection 

### E of20.1 1.61. 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, 1/23/06; 

### A, 8/30/10; 

### A, 1/10/11]



### 20.11.61.13 SOURCE INFORMATION: The owner oroperator ofa proposed source or modification shall submit all informationnecessary to perform any analysis or make any determination required by 20.11.61 NMAC. A. Information shall include, but is not limited to: (I) a description ofthe nature, location, design capacity, and typical operating schedule ofthe source
or modification, including specifications and drawings showing the design andplant layout; and (2) a detailed schedule ofconstruction ofthe source ormodification; and (3) a detaileddescription ofthe planned system ofcontinuous emission reduction for the source or modification, emission estimates, and other information necessary to determine that best available contrul technology will be applied. 

### B. Uponrequest 

### by the departtnent. 

### the owneroroperator shall also provide information on: (I) the air quality impact ofthe source or modification, including meteorological and topographic data necessary to estimate such impact; and (2) the air quality impacts, and the nature and extent ofany or all general commercial, residential, industrial, and other growth which has occurred since August 7, 1977 in the area the source or modification would affect. [20.11.61.13 NMAC

- Rp, 20.11.61.13 NMAC, 1/23/06]

20.11.61 NMAC 13

### 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

new source review pollutant that it would have the potential to emit in amounts equal to or greater than the significance levels as listed inTable 2 of20.11.61.27 NMAC. This requirement applies to eachproposed emissions unit or opemtion that will emit suchpollutant. B. A majormodification shall apply best available control technology for each regulated new source 

### reviewpollutant at the source when asignificantnetemissions increase occurs. This requirementapplies to each proposed emissions 

### unitor operation where anetemissions increase in 

### the pollutantwould occuras a result ofa physical change or change in the method ofoperation in the unit. 

### C. Forphased constructionprojects. the determination ofbest available control technology shall be reviewed and modified as appropriate at the latest reasonable time but no laterthan 18 months prior to commencement ofconstruction ofeach independentphase ofthe project. At such time, the owner or opemtor ofthe applicable stationary source may be required to demonstrate 

### the adequacy ofany previous determination ofbest available control technology for the source. 

### D. Innovative control technology. The department may approve a system ofinnovative control technology for the major stationary source or majormodification if: 

### (1) the proposed control system would not cause orcontribute to an unreasonable risk to public health, welfare, or safety in its opemtion or function; and (2) the owner or opemtor agrees to achieve a level ofcontinuous emissions reduction equivalent to that which would havebeen requiredunder Subsection A of20.11.61.14 NMAC by a date specified by the department. Such date shall not be later than four years from the time ofstartup or seven years from pennit 

### issuance; and (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 mte that the stationary source employing the system ofinnovative control technology wouldbe required to meet on the date specified by the department; and (4) during 

### the interimperiod ofachieving the pennitted emission level, the source or modification would not:



### (5) 

### E. if: (a) cause orcontribute to a violation ofan applicable national ambient airquality standard; nor 

### (b) impact any fedeml class I area; nor (c) impact any area where an applicable increment is known to be violated; and all other applicable requirements including those for public participationhavebeen met. The department shall withdmw any approval to employ a system ofinnovative control technology

(I) the proposed system fails by the specified date to achieve the required continuous emissions 

### reductionrate; or (2) the proposed system fails before the specified date so as to contribute to an unreasonable risk to public health, welfare, or safety; or (3) the department decides at any time that the proposed system is unlikely to achieve the required level ofcontrol or to protect the public health, welfare, or safety. F. 

### If

### asource ormodification fails to meetthe required level ofcontinuous emission reduction within the specified time period or the approval is withdmwn in accordance with Subsection E of20.11.61.14 NMAC, the department may allow the source or modificationup to an additional three years to meet the requirement for the application ofbest available control technology throughuse ofa demonstrated system ofcontrol. 

### G. Ifthe owner or opemtor ofa major stationary source or major modificationpreviously issued a pennit under 20.11.61 NMAC applies for an extension, and the new proposed date ofconstruction is greater than 18 months from the date the pennit would become invalid, the detennination ofbest available control technology shall be reviewed and modified as appropriate before such an extension is gmnted. At such time, the owner or operator of the applicable stationary source may be required to demonstrate the adequacy ofany previous detennination ofbest available control technology for the sOurce. [20.11.61.14 NMAC

- Rp, 20.11.61.14 NMAC, 1/23/06; A, 8/30/10]



### 20.11.61.15 AMBIENT IMPACT REQUIREMENTS: A. The requirements of20.11.61.15 NMAC shall apply to eachpollutant emitted by a new major stationary source or majormodification in amounts equal to or greater than that inTable 2 of20.11.61.27 NMAC.

20.11.61 NMAC 14For paniculate matter, the source will onlybe required to perform ambient impact analysis for PM

.. when the source has the potential to emit significant amounts ofPM

.. as determined from Table 2 of20.11.61.27 NMAC. B. Source impact analysis. The owner or operator ofthe proposed source or modification shall demonstrate that the a1lowable 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 

### airpollution in violation of: 

### (I) any national ambient air quality standard in any air quality control region; or (2) any applicable maximum allowable increase (as shown in Table 4 of20.11.61.29 NMAC) over the baseline concentrations in any area. C. The owner or operator ofthe proposed major stationary source or major modification shall demonstrate that neither a violation ofParagraph (I) or Paragraph (2) ofSubsectionB of20.11.61.15 NMAC will



### occur. [20.11.61.15 NMAC

- Rp, 20.11.61.15 NMAC, 1/23/06; A, 8/30/10]

20.11.61.16 ADDITIONAL IMPACT ANALYSES: A. The owner or operator ofthe proposed major stationary source or major modification shall provide

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

### B. The owner or operator shall also provide an analysis of

### the air quality impactprojected for the area

as a result ofgeneral commercial, residential, industrial, and other growth associated with the source or modification. 

### C. The department may require monitoring ofvisibility in any federal class I area where the department determines that an adverse impact on visibility may occur due primarily to the operations ofthe proposed new source or modification. Such monitoring shall 

### be conducted following procedures approved by the department and subject to the following: (I) visibility monitoring methods specified by the department shall 

### be reasonably available and not require any research and development; and (2) the cost ofvisibility monitoring required by the depanment shall not exceed 50 percent ofthe cost ofambient monitoring required by 20.11.61 NMAC; ifambient monitoring is not required, the cost shall be estimated as ifit were required for eachpollutant to which 20.11.61 NMAC applies; (3) bothpreconstruction and post constructionvisibility monitoring may be required; in each case, the duration ofsuch monitoring shall not exceed one year. [20.11.61.16 NMAC

- Rp, 20.11.61.16 NMAC, 1/23/06; A, 8/30/10]

20.11.61.17 AMBIENT AIR QUALITY MODELING: 

### All estimates ofambient concentrations required by 20.11.61 NMAC shall be based on applicable 

### airquality models, databases, and other requirements as specified in Appendix W to 40 CFR Pan 51, its revisions, or any superseding EPA document, and approved by the department. Where an airquality model specified in the Appendix W to 40 CFR pan 51, 

### Guideline onAir QualityModels, is inappropriate, the model may be modified or anothermodel substituted. Aoy substitution ormodification ofa model must 

### be approved by the department. Notification shall

### be givenby the department ofsuch a substitution or modification and the opportunity for public comment provided for in fulfilling the public notice requirements in Subsection B of20.11.61.21 NMAC. The depanment will seek EPA approval ofsuch substitutions or modifications. [20.11.61.17 NMAC

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

20.11.61.18 MONITORING REQUIREMENTS-AIR QUALITY ANALYSIS: A. Preapplication analysis. Aoy application for a permit under 20.11.61 NMAC shall contain an analysis ofambient air quality in the area that the major stationary source or major modification would affect for each ofthe following pollutants: (I) for a major stationary source, each pollutant for whichthe potential to emit is equal to or greater than the significant emission rates as listed inTable 2 of20.11.61.27 NMAC; or (2) for a major modification, eachpollutant that would result in a significant net emission increase. B. Ifno national ambient air quality standard 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

20.11.61 NMAC 1520.11.61.20 

### A. detennines is necessary to assess ambient air quality for that pollutant in any area that the emissions ofthatpollutant would affect. C. Forpollutants (other than nonmethane hydrocarbons) for which a standard does exist, the analysis shall contain continuous air quality monitoring data gathered for purposes ofdetennining whether emissions ofthat pollutant would cause or contribute to a violationofthe standard or any maximum allowable increase. Such data shall be submitted to the department for at least the one year period priorto receipt ofthe permit application. The department has the discretion to: (I) detennine that a complete and adequate analysis canbe accomplished with monitoring data gathered over a period shorter than one year but not less than four months; or (2) detennine that existing air quality monitoring data is representative ofair quality in the affected

area and accept such data in lieu ofadditional monitoring by the applicant. D. Ozone monitoring shall be performed ifmonitoring data is required for volatile organic compounds or oxides ofnitrogen. The owner or operator ofa proposed major stationary source or major modification ofvolatile organic compounds who satisfies all conditions of40 CFR Part 51 Appendix S, Section 

### N mayprovide post-approval monitoring data for ozone in lieu ofproviding preconstruction data as required under 20.11.61.18 NMAC. E. Reserved. 

### F. Post-construction monitoring. The owner or operator ofa major stationary source or major modification shall, after construction ofthe stationary source or modification, conduct such ambient monitoring as the department determines is necessary to detennine 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 ofambient air quality standards and to assure that increments are not exceeded. 

### G. Operation ofmonitoring stations. The owner or operator ofa major stationary source or major modification shall meet the requirements of40 CFR 58, Appendix B during the operation ofmonitoring stations for purposes ofsatisfying the requirements of20.11.61.18 NMAC. 

### H. The department has the discretion to exempt a stationary source or modification from the requirements of20.11.61.18 NMAC with respect to monitoring for a particularpollutant ifthe emissions increase of the pollutant from the new source or the net emissions increase ofthe pollutant from the modification would cause, in any area, increases in ambient concentrations less than the levels listed in Table 3 of20.11.61.28 NMAC. 

### I. The department shall exempt a stationary source or modification from the requirements of 20.11.61.18 NMAC with respect to preconstruction monitoring for a particularpollutantif: (I) for ozone, volatile organic compound emissions and oxides ofnitrogen are less than 100 tons per 

### year; or (2) the airpollutant is not a regulated new source reviewpollutant; or (3) the existing ambient concentrations ofthe pollutantin the area affected by the source or modification are less than the concentrations listed in Table 3 of20.11.61.28 NMAC. [20.11.61.18 NMAC

- Rp, 20.11.61.18 NMAC, 1/23/06; A, 8/30/10]

20.11.61.19 TEMPORARY SOURCE EXEMPTIONS: The requirements ofSubsectionB of20.11.61.15 NMAC, 20.11.61.16 NMAC and 20.11.61.18 NMAC shall not apply to a major source or modification with respect to a particularpollutant. ifthe allowable emissions ofthat pollutant from the source, or the net emissions increase of that pollutant from the modification: would not impact any federal class I area or any areas where an applicable increment is known to be violated; and would be temporary. [20.11.61.19 NMAC

- Rp, 20.11.61.19 NMAC, 1/23/06; A, 8/30/10]

ACTUALS PLANTWIDE APPLICABILITY LIMITS (PALs) Applicability. 

### (I) The department may approve the use ofan actuals PAL for any existing major stationary source if the PAL meets the reqnirements of20.11.61.20 NMAC. The term "PAL" shall mean "actuals PAL" throughout 20.11.61.20 NMAC. (2) Anyphysical change in or change in the method ofoperation ofa major stationary source that maintains its total source-wide emissions below

### the PAL level, meets the requirements of20.11.61.20 NMAC, and complies with the PAL permit: (a) is not a major modification for the PALpollutant; (b) does nothave to be approved through the plan's majorNSR program; 

### and

20.11.61 NMAC 16(c) is not subject to the provisions in Subsection D of20.11.61.12 NMAC (restrictions on relaxing enforceable emission limitations that the major stationary source 

### used to avoid applicability ofthe major



### new source review program). (3) Except as provided under Subparagraph (c) ofParagraph (2) ofSubsection A of20.11.61.20 NMAC, a major stationary source shan continue to comply with an applicable federal orstate requirements, emission limitations, and workpractice requirements tbat were established prior to the effective date ofthe PAL. B. Definitions appUcable to 20.11.61.20 NMAC. 

### (I) Actua" PAL for a major stationary source means a PALbased on the baseline actual emissions ofall emissions units at the source that emit orhave the potential to emit the PAL pollutant. (2) Allowable emissions means "allowable emissions" as defined in SubsectionF of20.11.61.7 NMAC, except as this definition is modified in accordance with the following. (a) The allowable emissions for any emissions unit sball be calculated considering any emission limitations that are enforceable as a practical matteron the emissions unit's potential to emit. 

### (b) An emissions unit's potential to emit shall be determinedusing 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) Small emissions unit means an emissions unit that emits orbas 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. (4) Major emissions unit means: (a) Any emissions unit that emits or has the potential to emit 100 tons 

### per year or more ofthe PAL pollutant in an attainment area; or 

### (b) any emissions unit that emits or bas the potential to emit the PAL pollutant in an amount thatis equal 

### to orgreater than the major source threshold for the PAL pollutant as defined by the act for nonattainment areas. For example, in accordance with the defmition ofmajor stationary source in Section 182(c) of the act, an emissions unit would be a majoremissions unit for VOC 

### ifthe emissions unit is located in a serious

ozone nonattainment area 

### and it emits orbas the potential to emit 50 or more tons ofVOC 

### peryear. (5) Plantwide applicability Umitation (pAL) means an emission limitation expressed in tons-peryear, for a pollutant at a major stationary source that is enforceable as a practical matter and established source-wide in accordance with 20.11.61.20 NMAC. (6) PAL effective date generally means the date ofissuance ofthe PAL permit. However, the PAL effective date for an increased PAL is the date any emissions unit that is part ofthe PAL major modification becomes operational and begins to emit the PAL pollutant. (7) PAL effective period means the period beginning with the PAL effective date and ending 10 years later. (8) PAL major modification means, notwithstanding the definitions for majormodification and net emissions increase in 20.11.61.7 NMAC, any physical change in or change in the method ofoperation ofthe PAL

source that causes it to emit the PAL pollutant at a level equal to orgreaterthan the PAL. (9) PAL permit means the major new source review permit, the minor new source review permit, or the state operating permit undera program that is approved into the SIP, or the title V permit issued by the departtnent tbat establishes a PAL for a major stationary source. (10) PAL pollutant means the pollutant for which a PAL is established at a major stationary source. 

### (II) Significant emissions unit means an emissions unit that emits orbas 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 of20.11.61.7 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 defmed inParagraph (4) ofSubsection B of20.11.61.20 NMAC. 

### C. Permit appUcation requirements. As part ofa permit application requesting a PAL, the owner
or operator ofa major stationary source sball submit the following information to the department for approval. 

### (I) A list of

### aU emissions units at the source designated as small, significant ormajorbased on their potential to emit. In additiort, the owner or operatorofthe source shall indicate which, ifany, federal or state applicable requirements, emission limitations, or work practices apply to eachunit. (2) Calculations ofthe 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.

20.11.61 NMAC 17(3) The calculationprocedures that the major stationary source owner or operatorproposes to use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-monthrolling total for each month as required by Subsection M of20.1\.6\.20 NMAC. D.

. General requirements for establishing PALs. (I) The department may establish a PAL at a major stationary source, provided that at a minimum, the following requirements are met. (a) The PAL shall impose an annual emissionlimitation in tons per year that is enforceable as a practical mailer for the entire major stationary source. For each month during the PAL effective period after the first 12 months ofestablishing a PAL, the major stationary source owner or operator shall show that the sum ofthe 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 Mtll months from the PAL effective date, the major stationary source owneror operator shall show that the sum ofthe preceding monthly emissions from the PAL effective date for eachemissions unit under the PAL is less than the PAL. 

### (b) The PAL shall be established in a PAL permit that meets the public participation requirements in Subsection E of20.11.61.20 NMAC. (c) The PAL permit shall contain all the requirements ofSubsection G of20.1\.6\.20 NMAC. (d) The PAL shall inclnde fugitive emissions, to the extent quantifiable, from all emissions units that emit or have the potential to emit the PAL pollutant at the major stationary source. (e) Each PAL shall regulate emissions ofonly one pollutant. (f) Each PAL shall have a PAL effective period of 10 years. (g) The owner or operator ofthe major stationary 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 unitunder the PAL through the PAL effective period. (2) Atno time during or after the PAL effective period are emissions reductions ofa PAL pollutant that occur during the PAL effective periodcreditable as decreases for purposes ofoffsets under 40 CFR 51.165(a)(3)(ii) unless the level ofthe PAL is reduced by the amount ofsuch emissions reductions and such reductions would be creditable in the absence ofthe PAL. E. Public participation requirements for PALs. PALs for existing major stationary sources shall be established, renewed, or increased, through a procedure that is consistent with40 CFR 51.160 and 161. This includes the requirementthat the departmentprovide the public with notice ofthe proposed approval ofa PAL permit 

### and at least a 30-day period for submittal ofpublic comment. The department must address all material
comments before taking final action on the permit. F. Setting the to-year actuals PAL level. (I) Except as provided in Paragraph (2) ofSubsection F of20.1\.6\.20 NMAC, the actuals PAL level for a major stationary source shall be established as the sum ofthe baseline actual emissions ofthe PAL pollutant for each emissions unit at the source; plus an amount equal to the applicable significant level for the PAL pollutant under Subsection ZZ of20.1 \.6\.7 NMAC or under the act, whichever is lower. When establishing the actuals PAL level, for a PALpollutant, only one consecutive 24-monthperiod must be used to determine the baseline actual emissions for all existing emissions units. However, a different consecutive 24-monthperiod may be used for each different PAL pollutant. Emissions associated with units thatwere permanently shutdown after this 24-month period must be subtracted from the PAL level. The department shall specify a reduced PAL level(s) (in tonslyr) in the PAL permit to become effective on the future compliance date(s) ofany applicable federal or state regulatory requirement(s) that the department is aware ofprior to issuance ofthe PALpermit. For instance, ifthe source owner
or operator will be required to reduce emissions from industrial boilers in halffrom baseline emissions of60 ppm NOx to a new rule limit of30 ppm, then the permit shall contain a future effective PAL level that is equal to the current PAL levelreduced by halfofthe original baseline emissions ofsuch unit(s). (2) For newly constructed units (which do not include modifications to existing units) on which actual construction began after the 24-month period, in lieu ofadding the baseline actual emissions as specified in Paragraph (I) ofSubsection F of20.1\.6\.20 NMAC, the emissions mustbe added to the PAL level in an amount equal to the potential to emit ofthe units. G. Contents ofthe PAL permit. The PALpermit shall contain, at a minimum, the following information.(I) The PALpollutant and the applicable source-wide emission limitation in tons per year. (2) The PALpermit effective date and the expiration date ofthe PAL (PAL effective period). (3) Specification in the PALpermit that ifa major stationary source owner or operator applies to

renew a PALin accordance with Subsection

### J of20.1\.6\.20 NMAC before the end ofthe PAL effective period,

20.1\.61 NMAC 18then the PAL shall not expire at the end ofthe PAL effective period. 

### It shall remain in effect until a revised PAL pennit is issued by the department. (4) A requirement that emission calculations for compliance purposes include emissions from startups, shutdowns and malfunctions. (5) A requirement that. once the PAL expires, the major stationary source is subject to the requirements ofSubsection I of20.11.61.20 NMAC. (6) The calculation procedures that the major stationary source owner or operator shall use to convert the monitoring system data to monthly emissions and annual emissions based on a I2-month rolling total for each month as required by Paragraph (I) ofSubsection C of20.11.61.20 NMAC. (7) A requirement that the major stationary source owner oroperator monitor all emissions units in accordance with the provisions under Subsection M of20. I 1.6 1.20 NMAC. (8) A requirement to retain the records required under Subsection M of20.11.61.20 NMAC on site. Such records may be retained in an electronic format. (9) A requirement to subntit the reports required under SubsectionN of20. I 1.6 1.20 NMAC by the required deadlines. (10) Any other requirements that the department deems necessary to implement and enforce the PAL. H. PAL eff""tive period and reopening ofthe PAL permit. (I) PAL effective period. The PALeffective period 

### shallbe \0 years. (2) Reopening ofthe PAL permit. (a) During the PAL effective period, the department shall reopen the PAL permit to: correct typographical/calculation errors made in setting the PAL Or reflect a more accurate determination ofentissions used
to establish 

### the PAL; reduce the PALifthe owneror operatorofthe major stationary source creates creditable emissions reductions for use as offsets under 40 CFR 51.165(a)(3)(ii); and revise the PAL to reflect an increase in the PAL as provided under Paragraph Subsection K of20.11.61.20 NMAC. (b) The department mayreopen the PAL pennit for the following: to reduce the PAL to reflect newly applicable federal requirements (for example, NSPS) withcompliance dates after the PAL effective date; to reduce the PAL consistent with any other requirement, that is enforceable as a practical matter, and that the department may impose on the major stationary source under the plan; 

### and to reduce the PAL ifthe department determines that a reduction is necessary to avoid causing or contributing to a NAAQS or PSD increment violation,

or to an adverse impact on an air qualityrelated 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 pennit reopening in Subparagraph (a) ofParagraph (2) ofSubsection H of 20.11.61.20 NMAC for the correction oftypographical/calculation errors that do not increase the PAL level, all reopenings shall be carried out in accordance with the public participation requirements ofSubsection E of 20.\ 1.61.20 NMAC. I. Expiration ofa PAL. Any PAL that is not renewed in accordance with the procedures in Subsection 

### J of20.11.61.20 NMAC shall expire at the end ofthe PALeffective period, 

### and the requirements in Subsection I of20.11.61.20 NMAC shall apply. (I) Each emissions unit, or each group ofemissions units, that existed under the PAL shall comply with an al10wable emission limitation under a revised pennit established according to the procedures in Paragraph (I) ofSubsection I of20.\ 1.61.20 NMAC. (a) Within the time frame specified for PALrenewals in Paragraph (2) ofSubsection J of 20.\ 1.61.20 NMAC, the major stationary source shall subntit a proposed allowable emission limitation for each emissions unit, or each group ofentissions units, ifsuch a distribution is more appropriate as decided by the department, by distributing the PAL allowable emissions for the major stationary source among each ofthe emissions units that existed under 

### the PAL. Ifthe PAL 

### had not yet been adjusted for an applicable requirement that became effective during the PALeffective period, as required under Paragraph (5) ofSubsection J of20.11.61.20 NMAC, such distribution shall be made as ifthe PAL had been adjusted. (b) The department shall decide whether and how 

### the PAL allowable entissions 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 \2-month rol1ing basis. The department may approve the use ofmonitoring systems (source testing, emission factors, etc.) other than CEMS, CERMS, PEMS orCPMS to demonstrate compliance with the allowable entission lintitation. (3) Until the department issues the revised pennit incorporating allowable limits for each emissions unit, or each group ofemissions units, as required under Subparagraph (b) ofParagraph (I) ofSubsection I of

20.11.61 NMAC \9

### 20.11.61.20 NMAC, the source shall continue to 

### comply with a source-wide, multi-unit emissions cap equivalent to the level ofthe PAL emission limitation. (4) Anyphysical change or change in the method ofoperation at the major stationary source will be subject to 

### major new source review requirements ifsuch change meets the defmition ofmajor modification in Subsection II 

### of20.11.61.7 NMAC. (5) 

### The major stationary source owner or operator shall continue to comply with any state or federal applicable requirements (BACT, RACT, NSPS, etc.) that may have applied either during the PAL effective period

orprior to the PAL effectiveperiod except for those emission limitations that had been established pursuant to Subsection D 

### of20.11.61.12 NMAC, but were eliminated by the PALin accordance with the provisions in Subparagraph (c) ofParagraph (2) ofSubsection A of20.11.61.20 NMAC. 

### J. Renewal ofa PAL. (\) 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, and shall provide both the proposed PAL level and a written rationale fur 

### the proposed PAL level to thepublic for review and comment. During such public review, any person may propose a PAL level for the source for considerationby the department. (2) Application deadline. A major stationary source owner or operator shall submit a timely application to the department to request renewal ofa PAL. A timely application is one that is submitted at least six months prior to, but not earlier than 

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

### ensure that the permit will not expire before the permit is renewed. Ifthe owner or operator ofa major stationary source submits a complete application to 

### renew the PAL within this time period, then the PAL shall continue to be effective until the revised permit with the renewed PAL is issued. (3) 

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

### information. (a) 

### The information required in Subsection C of20.11.61.20 NMAC. (b) 

### A proposed PAL level. (c) The sum ofthe potential to emit ofall emissions units under the PAL, with supporting 

### documentation. (d) Any otherinformation the owner or operator wishes the department to consider in determining the appropriate level forrenewing the PAL. (4) 

### PAL adjustment. In 

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

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

### ofSubsection J of20.11.61.20 NMAC. (a) Ifthe emissions level calculated in accordance with Subsection F 

### of20.11.61.20 NMAC is equal to or greater than 80 percent ofthe PAL level, the department may renew the PAL at the same level without considering the factors set forth in Subparagraph (b) 

### ofParagraph (4) 

### ofSubsection J of20.11.61.20 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, orthat 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 otherfactors as specifically identified by the department in its writtenrationale. (c) Notwithstanding Subparagraphs (a) and (b) 

### ofParagraph (4) 

### ofSubsection J of20.11.61.20 NMAC: ifthe potential to emit ofthe major stationary source is less than the PAL, the department shall adjust the PAL to a level no greater than 

### the potential to emit ofthe source; and the department shall not approve a renewed PAL level higher than the current PAL, uuless the major stationary source has complied with the provisions of Subsection 

### K of20.11.61.20 NMAC. (5) 

### Ifthe compliance date for a state or federal requirementthat applies to the PAL source occurs during the PAL effective period, and ifthe department has not already adjusted for suchrequirement, the PAL shall be adjusted at the time ofPAL permitrenewal or Title V 

### permitrenewal, whichever occurs firnt. K. 

### Increasing a PAL during tbe PAL effective period. (I) The department may increase a PAL emission limitation only ifthe major stationary source complies with the following provisions. (a) The owner or operator ofthe major stationary source shall submit a complete application to request an increase in the PAL limit for a PAL major modification. Such application shall identify the emissions 

### unit(s) contributing to the increase in 

### emissions so as to cause the major stationary source's emissions to equal or exceed its PAL.

20.11.61 NMAC 20(b) 

### As part of

### this application, the major stationary source owner or operator shall demonstrate that the sum ofthe baseline actual emissions ofthe small emissions units, plus the sum ofthe baseline actual emissions ofthe significant and major emissions units assuming application ofBACT equivalent controls, plus the

sum ofthe allowable emissions ofthe new or modified emissions unit(s), exceeds the PAL. The level ofcontrol that would result from BACT equivalent controls on each significant or major emissions unit shall be determined by conducting a new BACT analysis at 

### the time the application is submitted, unless the emissions unit is currently required to comply with a BACT or LAER reqnirement that was established within the preceding 10 years. 

### In such

a case, the assumed control level for that emissions unit shall be equal to the level ofBACT or LAER with which that emissions unit must currently comply. (c) The owner or operator obtains a majornew source review permit for all emissions unit(s) identified in Subparagraph (a) ofParagraph (I) ofSubsection B of20.11.61.20 NMAC, regardless ofthe magnitude ofthe emissions increase resulting from them, that is, no significant levels apply. These emissions unit(s) shall comply with any emissions requirements resulting from the major new source review process, for example, BACT,

even though they have also become subject to the PAL or continue to be subject to the PAL. (d) The PALpermit shall require that the increased PAL level shall be effective on the day any emissions unit that is part ofthe PAL major modificationbecomes operational 

### and begins to emit the PAL pollutant. (2) The departtnent shall calculate the new PAL as the sum ofthe allowable emissions for each modified ornew emissions unit, plus the sum ofthe baseline actual emissions ofthe significant and major emissions units (assunting application ofBACT equivalent controls as determined in accordance with Subparagraph (b) of Paragraph (I) ofSubsection K of20.11.61.20 NMAC), plus the sum ofthe baseline actual emissions ofthe small emissions units. (3) The PALpermit shall be revised to reflect the increased PAL level pursuant to the public notice requirements ofSubsection E of20. I 1.61.20 NMAC. L. Monitoring requirements for PALs. 

### (I) General requirements. (a) EachPAL permit must contain enforceable reqnirements for the monitoring system that accurately determines plantwide emissions ofthe PAL pollutant in terms ofmass perunit oftime. Any monitoring system authorized for use in the PAL permit must be based on sound science and meet generally acceptable scientific procedures for data quality and manipulation. Additionally, the information generated by such system must meet minimum legal requirements for admissibility in ajudicial proceeding to enforce the PAL permit. (b) The PAL monitoring system must employ one or more ofthe four general monitoring approaches meeting the minimum requirements set forth in Paragraph (2) ofSubsection L of20.11.61.20 NMAC and must be approved by the department. (c) Notwithstanding Subparagraph (b) ofParagraph (I) ofSubsection 

### L of20.11.61.20 NMAC, you may also employ an alternative monitoring approachthat meets Subparagraph (a) ofParagraph 

### (I) of Subsection 

### L of20.11.61.20 NMAC ifapproved by the department. (d) Failure to use a monitoring system that meets the reqnirements of20.11.61.20 NMAC renders the PAL invalid. (2) Mirtlmum performance requirements for approved monitoring approaches. The following

are acceptable general monitoring approaches when conducted in accordance with the minimum requirements in Paragraphs 

### (3) through 

### (9) ofSubsection 

### L of20.11.61.20 NMAC: (a) mass balance calculations for activities using coatings or solvents; (b) CEMS; (c) CPMS or PEMS; and (d) emission factors. 

### (3) Mass balance calculations. An owner or operatorusing mass balance calculations to monitor PAL pollutant emissions from activities using coating or solvents shall meet the following requirements: (a) provide a demonstrated means ofvalidating the published content ofthe PAL pollutant that is contained in or created hy all materials used in or at the emissions unit; (b) assume that the emissions unit emits all ofthe PAL pollutant that is contained in or created by any raw material or fuel used in or at the emissions unit, ifit cannot otherwise be accounted for in the process; and (c) where the vendor ofa material orfuel, which is used in Or at the emissions unit, publishes a range ofpollutant content from such material, the owner or operator must use the highest value ofthe range to calculate the PAL pollutant emissions unless the departmentdetemtines there is site-specific data or a site-specific monitoring program to support another content within the range.

20.11.61 NMAC 21

### (4) CEMS. 

### An owner or operatorusing CEMS to monitorPAL pollutant emissions shall meet the following requirements: (a) CEMS must comply with applicable performance specifications found in40 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 owneror operatorusing CPMS orPEMS to monitorPAL pollutant emissions shall meet the 

### fullowing requirements: (a) the CPMS Or the PEMS must be based on current site-specific data demonstrating a correlation between the monitored parameter(s) and the PAL pollutant emissions across the range ofoperationofthe emissions**uni~** 

### 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 operatorusing emission factors to monitor PAL pollutant emissions shall meetthe following requirements: (a) all emission factors shall be adjusted, ifappropriate, to account for the degree ofuncertainty

or limitations in the factors' development; (b) the emissions unit shall operate within the designated range ofuse for the emission factor, if applicable; and (c) iftechnicallypracticable, the owner or operatorofa significant emissions unit that relies on
an emission factor to calculate PALpollutantemissions shall conductvalidation testing to detennine a site-specific emission factor within six montha ofPAL permit issuance, unless the department determines that testing is not required. (7) A source owner or operator must record and report maximum potential emissions without considering enforceable emission limitations or operational restrictions for an emissions unit during anyperiodof time that there is no monitoring data, unless another method for determining emissions during suchperiods is specified in the PAL permit. (8) Notwithstanding the requirements in Paragraphs (3) through (7) ofSubsection L of20.11.61.20 NMAC, where an owneror operator ofan emissions unit cannot demonstrate a correlation between the monitored parameter(s) and the PAL pollutant emissions rate at all operating points ofthe emissions unit, the department shall, at the time ofpermitissuance: (a) establish default value(s) for determining compliance with the PAL based on the highest potential emissions reasonably estimated at such operating point(s); or (b) detennine that operation ofthe emissions unit during operating conditions when there is no correlation between monitored parameter(s) and the PAL pollutant emissions is a violation ofthe PAL. (9) 

### Revalldation. All data used to establish the PAL pollutant must be revalidated through performance testing or other scientifically valid means approved by the department. Such testing must occur at least

once every five years after issuance ofthe PAL. M. Recordkeeping requirements. (I) The PAL permit shall require an owner or operatorto retain a copy ofall records necessary to determine compliance with any requirement of20.11.61.20 NMAC and ofthe PAL, including a detennination of each emissions unit's 12-monthrolling total emissions, for five years from the date ofsuch record. (2) The PAL permit shall require an owner or operatorto retain a copy ofthe following records, for the duration ofthe PAL effective period plus five years: (a) a copy ofthe PAL permit application 

### and any applications for revisions to the PAL; and (b) each annual certification ofcompliance pursuant to 20.11.42 NMAC, Operating Pennits, and the data relied on in certifying the compliance. 

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

### Operating Permits. The reports shall meet the 

### following requirements. (I) Semi-annual report. The semi-annual report shall be submitted to the department within 30 days ofthe end ofeach reporting period. This report shall contain the following infonnation. (a) The identificationofowner and operator and the permit number. (b) Total annual emissions (tons/year) based ona 12-monthrolling total for each month in the reporting period recordedpursuant to Paragraph (I) 

### ofSubsectionM of20.11.61.20 NMAC.

20.11.61 NMAC 22(c) All datarelied upon, including, but not limited to, any quality assurance Or quality control data, in calculating the monthly and annual PALpollutant emissions. (d) A list ofany emissions units modified or addedto the major stationary source during the preceding six-monthperiod. (e) The number, duration, and cause ofany deviations or monitoring malfunctions (other than the time associated with zero and span calibration checks), and any corrective action taken. (f) A notification ofa shutdown ofany monitoring system, whether the shutdown was permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully operational orreplaced with another monitoring system, and Whether the emissions unit monitoredby the monitoring system continued to operate, and the calculation ofthe emissions ofthe pollutant orthe number determinedby method included inthe**permi~** as providedbyParagraph (7) ofSubsection L of20.11.61.20 NMAC. (g) A signed statementby the responsible official as definedby 20.11.42.7 NMAC certifying the truth, accuracy, and completeness ofthe informationprovided in the report. (2) Deviation report. The major stationary source owner or operator shall promptly submitreports of

### any deviations or exceedance ofthe PAL requirements, including periods where no monitoring is available. A report submittedpursuant to 40 CFR 70.6(a)(3)(iii)(B) shall satisfy this reporting requirement. The deviation reports shallbe submitted withinthe time limits prescribedbythe applicable program implementing 40 CFR 70.6(a)(3)(iii)(B). The reports shall contain the following information: (a) the identification ofowner and operator and the permitnumber; 

### (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 statementby the responsible official as dermedby 20.11.42.7 NMAC certifying the truth, accuracy, and completeness ofthe information provided in the report. (3) Revalidation results. The owner or operator shall submit to the department the results ofany revalidation test or method withinthree months after completion ofsuch test or method. 

### O. Transition reqnirements. (I) The department may not issue a PAL that does not comply with the requirements ofSubsections A through 0 of20.11.61.20 NMAC after the administrator

### has approved regulations incorporating these requirements into the SIP. (2) The department may supersede any PAL which was establishedprior to the date ofapproval of the SIP by the administrator with a PAL that complies with the requirements of20.11.61.20 NMAC. [20.11.61.20 NMAC

- N, 1/23/06; A, 8/30/10; A, 1/10/11]

20.11.61.21 PUBLIC PARTICIPATION AND NOTIFICATION: 

### A. The department shall, within 30 days afterreceipt ofan application, review such application and determine whether it is administratively complete orthere is any deficiency in the application or information submitted. To be deemed administratively complete, the application must meet the requirements of20.11.61.13 NMAC in addition to the requirements of20.11.41 NMAC. Ifthe application is deemed: 

### (I) administratively complete, a letter to that effect shall be sentby certifiedmail to the applicant; (2) administratively incomplete, a letter shall be sentby certified mail to the applicant stating what additional information orpoints ofclarification are necessary to deem the application administratively complete; upon receipt ofthe additional information or clarification, the department shallpromptlyreview such information and determine whether the application is administratively complete; (3) administratively complete but

### no permit is required, a letter shall be sentby certified mail to the applicant informing the applicant ofthe determination. 

### B. For purposes ofdetermining minor source baseline date pnrsuantto 40 

### CFR 51: 

### (I) an application is complete when it contains all the information necessary for processing the application; designating an application complete for purposes of40 CFR 51 does not preclude the department from requesting or accepting any additional information; and (2) in the event that additional information is submitted to remedy any deficiencyin the application

or information submitted, the date ofreceipt ofthe application shall be the date on which the department received all required information. 

### C. Within one year after receipt ofa complete application, the department shall: 

### (I) Make a preliminary determination whether construction should be approved, approved with conditions, or disapproved.

20.11.61 NMAC 23(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 ofthe preliminary determination, 

### and a copy or summary ofother materials, ifany, considered in making the preliminarydetermination. (3) Notify the public by advertisement in a newspaper ofgeneral circulation in the area in which the proposed source would be constructed: (a) ofthe application; 

### (b) the preliminary determination; (c) the degree ofincrement consumption that is expected from the source or modification; and (d) ofthe opporturtityfor comment at a public hearing as well as writtenpublic comment; the public comment period shall be for 30 days from the date ofsuch advertisement. (4) Send a copy ofthe notice ofpublic comment to: (a) the applicant; 

### (b) the administrator; and (c) officials and agencies havingjurisdictionover the location where the proposed construction would occur as follows: any other state or local air pollution control agencies; the chiefexecutives ofthe city and county where the source would 

### be located; any comprehensive regional land use planning agency; and any state, federal land manager, or Indian governingbody whose lands may 

### be affected by emissions from the source or modification. (5) Provide opporturtity for a public hearing for interestedpersons to appear and submit written or oral comments on the air quality impact ofthe source, alternatives to it, the control technology required, and other 

### apPropriate considerations. (6) Consider all writtencomments submitted within a time specified in the notice ofpublic comment and all comments received at any public hearing(s) in making a [mal decision on the approvability ofthe application. The department shall make all comments available for public inspection in the same locations where the department made available preconstruction information relating to the proposed source or modification. (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 fmal determination ofwhether construction should be approved, approved with conditions, or disapproved; and 

### (b) notify the applicant in writing ofthe fmal 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: 

### Tbe department shall review all applications in accordance with the provisions of20.11.43 NMAC, 

### StackHeights Requirements. [20.11.61.22 NMAC

- Rp, 20.11.61.19 NMAC, 1/23/06]

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: (I) concentrations attributable to the increase in emissions from stationary sources which have converted from the use ofpetroleumproducts, natural gas, orbothby reason ofan order in effect under Section 2 (a) and (b) ofthe Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation), over the emissions from such sources before the effective date ofsuch an order; (2) concentrations attributable to the increase in emissions from sources which have converted from using natural gas by reason ofnatural gas curtailment plan in effect pursuant to the Federal PowerAct, over the emissions from such sources before the effective date ofsuchplan; (3) concentrations ofparticulate matter attributable to the increase in emissions from construction or 

### other temporary emission-related activities ofnew 

### or modified sources; (4) the increase inconcentrations 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 inemissions ofsulfur dioxide, particulate matter, or nitrogen oxides from stationary sources which are affectedby plan revisions approved by the administrator as meeting the criteria specified in Subsection D of20.11.61.23 NMAC.

20.11.61 NMAC 24B. 

### Ifthe planprovides that the concentrations to which Psragraph 

### (l) or (2) ofSubsection A of 20.11.61.23 NMAC refers, shall be excluded, it shall also provide that no exclusion ofsuch concentrations shall apply more than five years afterthe effective date ofthe order to which Psragraph (I) ofSubsection A of 20.11.61.23 NMAC refers, or the planto which Psragraph (2) ofSubsection A of20.11.61.23 NMAC refers, whichever is applicable. Ifboth suchorder and plan are applicable, no such exclusion shall apply more 

### than five years after the later ofsuch effective dates. C. [Reserved] D. Forpurposes ofexcluding concentrations pursuant to Psragraph (5) ofSubsection A of 20.11.61.23 NMAC, the administratormay approve a planrevision that: (I) specifies the time overwhich the temporary emissions increase ofsulfur dioxide, particulate matter, or nitrogen oxides would occur such time is not to exceed 2 years in durationunless a longer time is approved by the administrator. (2) specifies that the time period for excluding certain contributions in accordance with Paragraph (I) ofSubsection D of20.11.61.23 NMAC, is not renewable; (3) allows no emissions increase from a stationary source whichwould: (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 ofa national ambient air quality standard; (4) requires limitations to be in effect the end ofthe time period specified in accordance with Paragraph 

### (l) ofSubsectionD of20.11.61.23 NMAC, which would ensure that the emissions levels from stationary

sources affected by the plan revision would not exceed those levels occurring from such sources before the plan 

### revision was approved. [20.11.61.23 NMAC

- Rp, 20.11.61.21 NMAC, 1/23106; A, 8/30/10]

20.11.61.24 SOURCES iMPACTING FEDERAL CLASS I AREAS

- ADDITIONAL REQUIREMENTS: A. Notice to EPA. The department shall transmit to the administrator and the federal land manager a copy ofeachpermit application relating to a major stationary source or majormodification proposing to locate within 100 kilometers ofany federal class I area. The complete permit application shallbe transmitted within 30 days ofreceipt and 60 days prior to any public hearing on the application. The department shall include all relevant information in the permit application. Relevant information shall include an analysis ofthe proposed source's anticipated impacts on visibility in the federal class I area. The department shall consult with all affected federal land managers as to the completeness ofthe permit application and shall consider any analysis performed by the federal land manager concerning the impact ofthe proposed major stationary source ormajor modification on air qualityrelated values (AQRV). This consideration shall include visibility, ifsuch analysis is received within 30 days after the federal land manager receives a copy ofthe complete application. Additionally, 

### the department shall notify any affected federal land manager within 30 days from the date the department receives a request for a preapplication meeting from a proposed source subject to 20.11.61 NMAC. Notice shall be provided to the administrator and federal land manager ofevery action related to the consideration ofsuch permit. The department shall also provide the federal land manager and the administrator with a copy ofthe preliminary determination required under 20.11.61.21 NMAC and shall make available to them any materials used in making that determination. In any case where the department disagrees with the federal land manager's analysis ofsource impact on air quality related values, the department shall, either explain its decision or give notice to the federal land manager as to where the explanation can be obtained. In the case where 

### the department disagrees with the federal land managers' analysis, the department will also explain its decision orgive notice to the public by advertisement in

a newspaperofgeneral circulation in the area in whichthe proposed source would be constructed, as to where the decision can be obtained. B. The department shall transmit to air quality control agencies ofneighboring states and Indian governing bodies a copy ofeachpermit application having the potential to affect federal class I areas or increment consumption in areas under theirjurisdiction. The department shall also provide the affected airquality control agencies and Indian governing bodies with a copy ofthe preliminary determinationrequired under20.11.61.21 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. Federal land managers may demonstrate to the department that emissions from a proposed source
or modification would have an adverse impact on airquality related values, including visibility, ofany federal class I lands under theirjurisdiction. This may be done even though the change in air qualityresulting from emissions

20.11.61 NMAC 

### 25

### 20.11.61.25 A. from the proposed source ormodification would not cause or contribute 

### to concentrations whicb would exceed the maximum allowable increases for a federal class I area. Ifthe department concurs with this demonstration, then the

source shall notbe issued a permit. D. Class I waivers: The owner or operator ofa proposed source or modification may demonstrate to the federal land manager that the emissions from a proposed source ormodification would have no adverse impact

on air quality related values, including visibility, offederal class I area underhis or herjurisdiction. This maybe done even though the change in air quality resulting from emissions from such source ormodification would cause
or contnbute 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 grant a waiver from such maximum allowable increases. Emission lintitations mustbe included in theperntit as necessary to assure thatentissions ofsulfur dioxide, particulate matter, and oxides ofnitrogen would notexceed the maximum allowable increases over minor source baseline concentrations shown in Table 5 of20.1 1.61.30 NMAC. 

### E. For the case where the federal land manager does notperform 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 perntit ifthe departmentdetermines that an adverse impact onvisibility would occur. The adverse impactmust be due, primarily, to the operationofthe proposed source or modification. F. Snlfur dioxide waiver by governor with FLM concurrence: The owner or operator ofa proposed major stationary source or major modification, whichcannotbe approved under Subsection D of 20.11.61.23 NMAC, may demonstrate to the govemorthat the source cannotbe constructed by reason ofan exceedance ofa maximum allowable increase for a federal class I area for sulfurdioxide for a period of24 hours or less. The owner or operator may also demonstrate thata waiver from 

### this requirement would not adversely affect the air quality relatedvalues ofthe federal class I 

### area. The govemor, after consideration ofthe federal land manager's recommendation and subject to his concurrence, may, after notice and public hearing, grant a waiver from suchmaximum allowable increase. Ifthe waiver is granted, the department shall issue a perntit to the owner or operator ofthe source or modification. Any owner or operator ofa source ormodification who obtains a perntit under 20.11.61 NMAC shall comply with sulfur dioxide entissions lintitations. These limitations do not allow increases ofambient concentrations, above the baseline concentration, to exceed 

### the levels found in Table 6 of 20.11.61.31 NMAC for periods of24 hours orless for more than 18 days, not necessarily consecutive, in any annual period. 

### G. Sulfur dioxide waiver by governor with the president's concurrence. In any case where the governorrecommends a waiver in which the federal land manager does not concur, the recommendations ofthe governor and the federal land manager shall be transmitted to the president through the office ofthe governor. Ifthe president so directs, the department shall issue the perntit. Any source or modification that obtains a perntit under 20.11.61 NMAC shall comply with sulfur dioxide emissions limitations. These limitations do not allow increases in ambient concentrations, above the baseline concentration, to exceed the levels found in Table 6 of20.11.61.31 NMAC for periods of24 hours or less for more than 18 days, notnecessarily consecutive, in any annual period. [20.11.61.24 NMAC

- Rp, 20.11.61.22 NMAC, 1/23/06; A, 8/30/10]

RESTRICTIONS ON AREA CLASSIFICATIONS: Mandatory federal class I areas: 

### (I) All ofthe following areas which were in existence on August 

### 7, 1977, shall be class I areas and may not be redesignated: (a) international parks (all ofthem); (b) national wilderness areas which exceed 5,000 acres in size; (c) national memorial parks which exceed 5,000 acres in size; and (d) national parks which exceed 6,000 acres in size. (2) Specifically for New Mexico, these areas are: (a) Bandelierwilderness, administeredby national park service (NPS); (b) Bosque del Apache wilderness, administered by national fish and wildlife service (NFWS); (c) Carlsbad caverns national park, administeredby NPS; (d) Gilawilderness, administeredby national forest service (NFS); (e) Pecos wilderness, administered by NFS; (I) Salt Creek wilderness, adntinistered by NFWS; (g) San Pedro Parks wilderness, adntinistered by NFS; (h) Wheeler Peakwilderness, administered by NFS; and (i) White Mountain wilderness, administered by NFS.

20.11.61 NMAC 26

## B. (I) Area. which may be redesignated only a. cia•• I or cia

.. II: The following areas may be redesignated only a. cia•• I or II: (a) an area which, as ofAugust 7, 1977, exceeded 10,000 acres in size and was a national 

### monument, national primitive area, national preserve, national recreational area, national wild and scenic river, national wildlife refuge; and (b) a national park ornational wilderness area established

### after August 7, 1977 which exceeds 10,000 acres in size. (2) Specifically for New Mexico, these areas Include (but are not necessarily limited to): (a) Apache Kid wilderness, administeredby national forest service (NFS); (b) Bandelier national monument, administered by national park service (NPS); (c) BitterLake national wildlife refuge, administered by national fish and wildlife service (NFWS); (d) Blue Range wilderness, administered by NFS; (e) Bosque del Apache national wildlife refuge, administered by NFWS; (f) Capitan mountains wilderness, administered byNFS; (g) Cebolla wilderness, administered by bureau ofland management (BLM); (h) Chama River Canyon wilderness, administered byNFS; (i) Cruces Basin wilderness, administered by NFS; (j) De-na-zin wilderness, administered by BLM; (k) 

### EI Malpais national monument, administered by NPS; (I) Latir Peak wilderness, administeredby NFS; (m) Manzano mountain wilderness, administered by NFS; (n) San Andres national wildlife refuge, administered by NFWS; (0) Sandia Mountain wilderness, administered byNFS; (P) Sevilleta national wildlife refuge, administered by NFWS; (q) West Malpais wilderness, administered by BLM;

. (r) White Sands national monument, administered byNPS; and (s) WithingtonWilderness, administered by NFS. [20.11.61.25 NMAC

- Rp, 20.11.61.20 NMAC, 1/23/06; A, 8/30/10]



### 20.11.61.26 TABLE 1- PSD SOURCE CATEGORIES: A. Carbon blackplants (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 inNAICS 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 ntillion BTU/hrheat input. G. Fossil fuel-fired steam electric plants ofmore than 250 ntillion BTU/hrheat input. H. Fuel conversion plants. I. Glass fiber processing plants. 

### J. Hydrofluoric acid plants. K. Iron and steel ntins. 

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

### O. Nitric acid plants. 

### P. Petroleum refineries. 

### Q. Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels. R. Phosphate rock processing plants. S. Portland cement plants. T. Primary aluminum ore reduction plants. U. Primary copper smelters. 

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

20.11.61 NMAC 27

### Y. Sintering plants. Z. Sulfurrecoveryplants. AA. Sulfuric acidplants. HH. Taconite ore processing plants. [20.11.61.26 NMAC

- Rp. 20.11.61.23 NMAC, 1/23/06; 

### A, 8/30/10]



### 2011 61 27 TABLE 2

- SIGNIFICANT EMISSION RATES'

POLLUTANT EMISSION RATE crONSIYR) Carbon monoxide 100 Fluorides 3 Lead 0.6 Municipal waste combustor: Acid gases (measured as sulfur dioxide and hvdrogenchloride) 40 (36 mega ear) Metals (measured as particulate malter) 15 (14 me"alll'lllllslyear) Organics (measured as total tetra- through octa-chlorinated 0.0000035 (0.0000032 megagramslyr) dibenzo-p-dioxins and dibenzofurans) Municiflal solid waste landfill emissions (measured as NMOC) 50 (45 me"alll'llllls/year) Nitrogen oxides 40 Ozone 40 VOCorNOx Particulate Maller: 

### Particulate matter emissions 25 

### PM10 emissions 

### 15 

### PM2.5 emissions 

### 10 lpy ofdirect PM
,., emissions; 40 lpy ofsulfur dioxide emissions; 40 lpy of 

### nitrogen oxide emissions unless demonstrated not to be aPM
,., precursorunder SubsectionWW of 20.11.61.7 NMAC

Sulfurcompounds Hvdrogen sulfide (H,S) 10 Reduced sulfur compounds (incl. H,S) 10 Sulfurdioxide 40 Sulfuric acid mist 7 Total reduced sulfur (incl. H,S) 10 Any otherregulated new source reviewpollutantthat is not listed in Any 

### emission mte this table Each regulated pollutant 

### Emissionrate or netemissions increase associated with a major stationary source


### ormajor modification that 

### causes an air

quality impact ofone microgramper cubic meter or greater (24-hraverage) in any Class I Federal area located within 10 Ian 

### ofthe source.



# - AIR QUALITY
POLLUTANT CONCENTRATION AVERAGING TIME 

### micrograms per cubic meter (ug,tm J) 

### Carbonmonoxide 575 8 hours Fluorides 0.25 24 hours Lead 0.1 3 montha [20.11.61.27 NMAC

- Rp, 20.11.61.24 NMAC, 1/23/06; 

### A, 8/30/10; 

### A, 1/10/11]

2011 61 28 TABLE 3 SIGNIFICANT MONITORING CONCENTRATIONS'

20.11.61 NMAC 28Nitrogen dioxide 14 Annual Ozone b Particulate matter (PMIO) 10 24 hours SulfurcomDounds Hydrogen sulfide (H,S) 0.20 I hour Reduced sulfurcomDounds (incl. H,S) 10 I hour Sulfurdioxide 

### 13 24 hours Sulfuric acid mist a Total reduced sulfur (incl. H,S) 10 I 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 proyided for ozone. However, any net emissions increase of 100 tons per year or more ofvolatile organic compounds or nitrogen oxides subject to PSD would be required to Derform an ambient imDact analysis, including the gathering ofambieot air aualitv data. [20.11.61.28 NMAC

- Rp, 20.11.61.25 NMAC, 1/23/06; A, 5/15/06; A, 8130110]

TABLE 4 ALLOWABLE PSD INCREMENTS'


# . - Pollutant Maximum allowable increa.e (micrograms per cubic meter) (uwm J) Cia•• 

### 1 Cia•• 

### II Cia•• 

### III Nitrogen Dioxide 

### annual arithmetic mean 2.5 25 50 Particulate Maller PM,., annual arithmetic mean 4 17 34 PM 10, 24-hour maximum 8' 30' 60' Sulfur Dioxide annual arithmetic mean 2 20 40 24-hour maximum 5' 91' 182' 3-hourmaximum 25' 512' 700'

a - Not to be exceeded more than once a year. 

### 10.116119

[20.11.61.29 NMAC

- Rp, 20.11.61.26 NMAC, 1/23/06; A, 5/15/06; A, 8/30/10]



### 10.11.61.30 TABLE 

### 5 - MAXIMUM ALLOWABLE INCREASES FOR CLASS 

### I VARIANCES: Pollutant Maximum allowable increa.e Microcrams Per cubic meter (wdmJ) Nitrogen Dioxide annual arithmetic mean 25 Particulate Maller 

### PMIO, 

### annual arithmetic mean 17 PMIO, 24-hour maximum 30 Sulfur Dioxide annual arithmetic mean 20 24-hour maximum 91 3-hourmaximum 325 [20.11.61.30 NMAC

- N, 1/23/06; A, 8/30/10]



### 10.11.61.31 TABLE 

### 6 - MAXIMUM ALLOWABLE INCREASE FOR SULFUR DIOXIDE WAIVER BY GOVERNOR:

Period ofExpo.ure Terrain Area. Low 

### I BlEh 24-hr. maximum 36 uwm' 

### I 62 uwm'

20.11.61 NMAC 29

# I 3-hr. maximum

[20.11.61.31 NMAC

- N, 1/23/06; A, 8/30/10]



### HISTORY OF 20.11.61 NMAC: Pre-NMAC History: The material 

### in this part was derived from thatpreviously filed with the commission of public records

- state records center and archives. RegulationNo. 29, Prevention ofSignificant Deterioration, 1/3/85; Regulation No. 29, Prevention ofSignificantDeterioration, 6/18/86; RegulationNo. 29, Prevention ofSignificant Deterioration, 3/16/89; RegulationNo. 29, Prevention ofSignificant Deterioration, 4/24/90; RegulationNo. 29, Prevention ofSignificant Deterioration, 2/26/93.


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



### Other History: Regulation No. 29, Prevention ofSignificantDeterioration, filed 2/26/93 renumbered, refonnatted and replaced by 20 NMAC 11.61, Prevention ofSignificant Deterioration, filed 10/27/95. 20 NMAC 11.61, Prevention ofSignificantDeterioration, filed 10/27/95 replaced by 20 NMAC 11.61, Prevention ofSignificant Deterioration, filed 3/18/99. 20 NMAC 11.61, Prevention ofSignificant Deterioration, filed 3/18/99 renumbered, refonnatted, amended, and replaced by 20.11.61 NMAC, Prevention ofSignificant Deterioration, effective 10/1/02. 20.11.61 NMAC, Prevention ofSignificant Deterioration (filed 8/30/02) was replaced by 20.11.61 NMAC, Prevention ofSignificant Deterioration, effective 1/23/06.

20.11.61 NMAC 30

# ATTACHMENT C

The amendedrules aspublishedin the NewMexico Register on December30. 2010. Volume XXI, 

### Number 24 http://www.nmcpr.state.nm.us/nmregister/

### New Mexico Register / Volume XXI, Number 24 / December 30, 2010

20.11.1 NMAC 1 This is an amendment to 20.11.1 NMAC, Section 7, effective 1/10/11.

20.11.1.7 DEFINITIONS:The definitions of 20.11.1 NMAC apply unless there is a conflict between definitions in other parts, in which case the definition found in the applicable part shall govern. The definitions include the measurements, abbreviations, and acronyms in Subsection GGGG, of 20.11.1.7 NMAC. A. “Abnormal operating conditions”means the startup or shutdown of air pollution control device(s) or process equipment. B. “Administrator”means the administrator of the United States environmental protection agency or his or her designee. C. “Affected source” or “facility”means any stationary source, or any other source of air pollutants, that must comply with an applicable requirement. D. “Air agency”, “department” or “EHD”means the environmental health department (EHD) of the city of Albuquerque. The EHD, or its successor agency or authority, asrepresented by the department director or his/her designee, is the lead air quality planning agency for the Albuquerque - Bernalillo county nonattainment/maintenance area. The EHD serves as staffto the Albuquerque - Bernalillo county air quality control board, (A-BC AQCB), and is responsible for the administration and enforcement of the A-BC AQCB regulations. E. “Air contaminant” or “air pollutant”means an air pollution agent or combination of such agents, including any physical, chemical, biological, radioactive (including source material, special nuclear material, and byproduct material) substance or matter which is emitted into or otherwise enters the ambient air. Such term includes any precursors to the formation of any air pollutant; to the extent the EPA has identified such precursor or precursors for the purpose for which the term "air pollutant" is used. This excludes water vapor, nitrogen (N2

### ), [carbon dioxide (CO2

### ),] oxygen (O2

### ), [methane] and ethane. F. “Air pollution”means the emission, except as such emission occurs in nature, into the outdoor atmosphere of one or more air contaminants in such quantities and duration as may with reasonable probability injure human health, animal or plant life, or as may unreasonably interfere with the public welfare, visibility or the reasonable use of property. G. “Air quality control act”means the State of New Mexico Air Quality Control Act, Chapter 74, Article 2, NMSA 1978 as amended. H. “Air quality control board”, “board” or “A-BC AQCB” means the Albuquerque - Bernalillo county air quality control board, which is empowered by federal act, the Air Quality Control Act, and ordinances, to prevent or abate air pollution within the boundaries of Bernalillo county, except for Indian lands over which the board lacks jurisdiction. I. “Allowable emissions”means: (1) Any department or federally enforceable permit term or condition which limits the quantity, rate, or concentration of emissions of air pollutants on a continuous basis, including any requirements which limits the level of opacity, prescribe equipment, set fuel specifications, or prescribe operation or maintenance procedures for a source to assure continuous reduction that are requestedby the applicant and approved by the department or, determined at the time of issuance or renewal of a permit to be an applicable requirement. (2) Any federally enforcea ble emissions cap that the permittee has assumed to avoid an applicable requirement to which the source would otherwise be subject. J. “Ambient”means that portion of the atmosphere, external to buildings, to which the general public has access. K. “Applicable requirement”means any of the following (and includes requirements that have been promulgated or approved by the board or EPA through rulemaking): (1) any standard or other requirement provided for in the New Mexico state implementation plan approved by EPA, or promulgated by EPA through rulemaking, under Title I, including Parts C or D, of the federal act; (2) any term or condition of any pre-construction permit issued pursuant to regulations approved or promulgated through rulemaking under Title I, including parts C or D, of the federal act; (3) any standard or other requirement: (a) under Section 111 or 112 of the federal act; (b) of the acid rain program under Title IV of the federal act or the regulations promulgated thereunder; (c) governing solid waste incineration under Section 129 of the federal act; (d) for consumer and commercial products under Section 183(e) of the federal act;

### New Mexico Register / Volume XXI, Number 24 / December 30, 2010

20.11.1 NMAC 2 (e) of the regulations promulgated to protect stratospheric ozone under Title VI of the federal act, unless the administrator has determined that such requirements need not be contained in a Title V permit; (4) any requirements established pursuant to Section 504(b) or Section 114(a)(3) of the federal act; (5) any national or state ambient air quality standard; (6) any increment or visibilityrequirement under Part C of Title I of the federal act applicable to temporary sources permitted pursuant to Section 504(e) of the federal act; (7) any regulation adopted by the board in accordance with the joint air quality control board ordinances pursuant to the Air Quality Control Act, and the laws and regulations in effect pursuant to the Air Quality Control Act. L. “Breakdown or upset”means any sudden, infrequent, and not reasonably preventable failure of air pollution control equipment, or process equipment, which causes a process to not operate in a normal manner. Failures that are caused by process imbalance, poor maintenance or careless operation are not breakdowns. M. “Carbon monoxide” or “CO”means a colorless, odorless,poisonous gas composed of molecules containing a single atom of carbon and a single atom of oxygen with a molecular weight of 28.01 g/mole. N. “Chemical process”means any manufacturing processing operation in which one or more changes in chemical composition or chemical properties are involved. O. “Coal burning equipment”means any device used for the burning of coal for the primary purpose of producing heat or power by indirect heat transfer in which the products of combustion do not come into direct contact with other materials. P. “Commenced”means that an owner or operator has undertaken a continuous program of construction or that an owner or operator has entered into a binding agreement or contractual obligation to undertake and complete, within a reasonable time, a continuous program of construction or modification. Q. “Construction”means fabrication, erection, or installation of an affected facility. R. “Crematory”means any combustion unit designed and used solely for cremating human or animal remains or parts and tissues thereof, and other items normally associated with the cremation process, but not including pathological waste. S. “Department”means the Albuquerque environmental health department, which is the administrative agency of the Albuquerque - Bernalillo county air quality control board. T. “Director”means the administrative head of the Albuquerque environmental health department or a designated representative(s). U. “Emission limitation or standard”means a requirement established by EPA, the state implementation plan (SIP), the Air Quality Control Act, localordinance, permit, or board regulation, that limits the quantity, rate or concentration, or combination thereof, of emissions of regulated air pollutants on a continuous basis, including any requirements relating to the operation or maintenance of a source to assure continuous reduction. V. “EPA”means the United States environmental protection agency or the EPA's duly authorized representative. W. “Excess emissions”means the emission of an air contaminant, including a fugitive emission, in excess of the quantity, rate, opacity or concentration specified by an air quality regulation or permit condition. X. “Excess emissions report”means a report submitted by a stationary source at the request of the department in order to provide data on the source's compliance with emission limits and operating parameters. Y. “Federal act”, “act” or “CAA” means the Federal Clean Air Act, 42 U.S.C. Section 7401 through 7671 et seq., as amended. Z. “Federal class I wilderness areas”means areas designated by the EPA as such. Federal class I wilderness areas within 100 kilometers of Bernalillo county are Bandelier wilderness, Pecos wilderness, and San Pedro Parks wilderness. AA. “Fluid”means either of the two states of matter, liquid or gaseous. BB. “Fugitive emissions”means any emissions which cannotreasonably pass through a stack, chimney, vent, or other functionally-equivalent opening or is not otherwise collected, unless the emission is otherwise regulated by the federal act, the Air Quality Control Act, or the laws and regulation in effect pursuant to the act. 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. [CC

.] DD.“Grain”means that unit of weight, which is equivalent to 0.0648 grams.

### New Mexico Register / Volume XXI, Number 24 / December 30, 2010

20.11.1 NMAC 3 [DD

.] EE.“Hazardous air pollutant”means an air contaminant whichhas been classified pursuant to the federal act, the Air Quality Control Act, or laws and regulationsin effect pursuant to the act. [EE.] FF.“Hydrocarbons” or “HC”means any chemical compound of a class of aliphatic, cyclic, or aromatic chemical compounds containing mostly hydrogen and carbon. Hydrocarbons are highly reactive in the presence of nitrogen oxides and sunlight. All are precursors to more serious air pollutants such as ozone and nitrogen dioxide. [FF.] GG.“Hydrogen sulfide” or “H2

### S”means the chemical compoundcontaining two atoms of hydrogen and one of sulfur with a molecular weight of 34.07 g/mole. [GG.] HH.“Incinerator”means any furnace used in the process of burning solid waste for the purpose of reducing the volume, by removing combustible matter. [HH.] II.“Inedible animal by-product processing”means operations primarily engaged in rendering, cooking, drying, dehydration, digesting, evaporating or concentrating of animal proteins and fats. [II.] JJ.“Kraft mill”means any pulping process, which uses an alkaline solution for a cooking liquor. [JJ.] KK.“Lead” or “Pb”means a heavy metal, with a molecular weight of 207.19 g/mole that is hazardous to health if breathed or swallowed. [KK.] LL.“Malfunction”means any sudden and unavoidable failure of air pollution control equipment or process equipment beyond the control of the owner or operator, including malfunction during startup or shutdown. A failure that is caused entirely or in part by poor maintenance, careless operation, or any other preventable equipment breakdown shall not be considered a malfunction. [LL.] MM.“Modification”means any physical change in or change in the method of operation of a source that results in an increase in the potential emission rate of any regulated air contaminant emitted by the source or that results in the emission of any regulated air contaminant not previously emitted, but does not include: (1) a change in ownership of the source; (2) routine maintenance, repair or replacement; (3) installation of air pollution control equipment, and all related process equipment and materials necessary for its operation,undertaken for the purpose of complying with regulations adopted by the environmental improvement board or the local board or pursuant to the federal act; or (4) unless previously limited by enforceable permit conditions: (a) an increase in the production rate, if such increase does not exceed the operating design capacity of the source; (b) an increase in the hours of operation; or (c) use of an alternative fuel or raw material if, prior to January 6, 1975, the source was capable of accommodating such fuel or raw material, or if use of an alternate fuel orraw material is caused by any natural gas curtailment or emergency allocation or any other lack of supply of natural gas. [MM.] NN.“New source”means any stationary source, the construction or modification of which is commenced after the filing of a regulation applicable to the stationary source. [NN.] OO.“Nitrogen dioxide” or “NO2

### ”means a reddish brown, poisonous gas composed of molecules containing a single atom of nitrogen and two of oxygen with a molecular weight of 46.0 g/mole. [OO.] PP.“Nitrogen oxides or NOX

### ”is a class of chemicals containing varying quantities of nitrogen and oxygen that are created from combustion processes taking place at high temperatures and high pressures (e.g., inside automotive engine cylinders or in high temperature boilers). Examples of nitrogen oxides are NO, NO2

### , NO3

### , N2

### O2

### , and N2

### O5

### . Nitrogen oxides are also referred to as oxides of nitrogen. [PP.] QQ.“NMAC”means New Mexico administrative code, which contains the rules adopted by all rulemaking agencies of the state of New Mexico and the rules adopted by the A-BC AQCB. [QQ.] RR.“Open burning”means the combustion of any material without the following characteristics: (1) control of combustion air to maintain adequate temperature for efficient combustion; (2) containment of the combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion; and (3) emission controls for the gaseous combustion products. [RR.] SS.“Operator”means the person(s) responsible for the overall operation of a source. [SS.] TT.“Owner”means the person(s) who owns a source or part of a source. [TT.] UU.“Ozone or O3

### ”means a pungent, colorless gas com posed of molecules containing three atoms of oxygen with a molecular weight of 48.0 g/mole.

### New Mexico Register / Volume XXI, Number 24 / December 30, 2010

20.11.1 NMAC 4 [UU.] VV.“Part”means the required NMAC designation for the normal division of a chapter. A part consists of a unified body of rule material applying to a specific function or devoted to a specific subject matter. Structurally, a part is the equivalent of a rule. [VV.] WW.“Particulate matter” or “PM”means any airborne finely divided solid or liquid material such as dust, smoke, mist, fumes or smog found in air or emissions. [WW.] XX.“Particulate matter emissions”means all finely divided solid or liquid material, other than uncombined water, emitted to the ambient air as measured by the reference method in 40 CFR 60, Appendix A, Method 5, or an equivalent method approved by the EPA. [XX.] YY.“Pathological waste destructor” means any equipment, which is used to dispose of pathological waste by combustion or other process, which is approved by EPA. [YY.] ZZ.“Performance test” means the data, which is the result of a test performed as required by the department to determine compliance. [ZZ.] AAA.“Permit”means any permit or group of permits, modifications, renewals or revisions authorizing the construction or operation of a stationary source pursuant to the federal act, the Air Quality Control Act, or laws and regulations in effect pursuant to the act. [AAA.] BBB.“Permittee”means the owner or operator identified in any permit application or permit. [BBB.] CCC.“Person”means any individual, partnership, firm, public or private corporation, association, trust, estate, political subdivision or agency, or any other legal entity or their legal representatives, agents or assigns. [CCC.] DDD.“Photochemical oxidants”means an air pollutant, which is formed by the action of sunlight on oxides of nitrogen and hydrocarbons. [DDD.] EEE.“PM10

### ”, “PM2.5

### ”or “PM1

### ”means particulate matter with an aerodynamic diameter less than or equal to 10, 2.5, or 1 micrometers, respectively. [EEE.] FFF.“PM2.5

### emissions”means finely divided solid or liquid material with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers emitted into the ambient air asmeasured by the reference method in 40 CFR Part 50, Appendix L, approved by the EPA. [FFF.] GGG.“PM10

### emissions”means finely divided solid or liquid material with an aerodynamic diameter less than or equal to a nominal 10 micrometers emitted into the ambient air asmeasured by the reference method in 40 CFR Part 50, Appendix J and M, or equivalent method approved by the EPA. [GGG.] HHH.“Pollution control device” or “air pollution control equipment”means any device, equipment, process or combination thereof, the operation of which may limit, capture, reduce, confine, or otherwise control regulated air pollutants or convert for the purposes of control any regulated air pollutant to another form, another chemical or another physical state. This includes, but is not limited to, sulfur recovery units, acid plants, baghouses, precipitators, scrubbers, cyclones, water sprays, enclosures, catalytic converters, and steam or water injection. [HHH.] III.“Portable stationary source” or“temporary stationary source”means a stationary source capable of changing its location with limited dismantling or reassembly which is associated with a specific construction project or increased production demand. [III.] JJJ.“Potential to emit” or “pre-controlled emission rate”means the maximum capacity of a stationary source to emit any air contaminant under its physical and operational design. Any physical or operational limitation on the capacity of a source to emit an air pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation is federallyenforceable or is included in a permit issued by the department. However, the potential to emit for nitrogen dioxide shall be based on total oxides of nitrogen. [JJJ.] KKK.“Process equipment”means any equipment used for storing, handling, transporting, processing or changing any materials whatsoever but excluding that equipment specifically defined in these regulations as incinerators, crematories, pathological waste destructors, pathological destructors and medical waste destructors. [KKK.] LLL.“Process weight”means the total weight of all materials introduced into any specific process, which causes any discharge ofair contaminants into the atmosphere. Solid fuels introduced into any specific process will be considered as part of the process weight, but liquid and gaseous fuels and combustion air will not. [LLL.] MMM.“Process weight rate”means the hourly rate derived by dividing the total process weight by the number of hours in one complete operation from the beginning of any given process to the completion thereof, or from the beginning to the completion of a typical portion thereof, excluding any time during which the equipment is idle.

### New Mexico Register / Volume XXI, Number 24 / December 30, 2010

20.11.1 NMAC 5 [MMM. [Reserved]] NNN. “Regulated air pollutant”means the following: (1) any pollutant for which a national, state, or local ambient air quality standard has been promulgated; (2) any pollutant that is subject to any standard promulgated under Section 111 of the federal act; (3) any Class I or II substance subject to any standard promulgated under or established by Title VI of the federal act; or (4) any pollutant subject to a standard promulgated under Section 112 or any other requirements established under Section 112 of the federal act. OOO. “Responsible official”means one of the following: (1) for a corporation:a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for, or subject to a permit and either: (a) the facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in secondquarter 1980 dollars); or (b) the delegation of authority to such representatives is approved in advance by the department; (2) for a partnership or sole proprietorship:a general partner or the proprietor, respectively; (3) for a municipality, state, federal or other public agency:either a principal executive officer or ranking elected official; for the purposes of 20.11.1 NMAC, a principal executive officer of a federal agency includes the chief executive officer having responsibility forthe overall operations of a principal geographic unit of the agency (e.g., a regional administrator of EPA); or (4) for an acid rain source: (a) the designated representative (as defined in Section 402(26) of the federal act) in so fa r as actions, standards, requirements, or prohibitions under TitleIV of the federal act or the regulations promulgated thereunder are concerned; and (b) the designated representative for any other purposes under 40 CFR Part 70. PPP. “Shutdown”means the cessation of operation of any air pollution control equipment, or process equipment. QQQ.[Reserved] RRR. [Reserved] SSS. “Smoke”means small gas-borne particles resulting from incomplete combustion, consisting predominantly, but not exclusively, of carbon, soot and combustible material. TTT. “Solid waste”means garbage; refuse; yard waste; food wastes; plastics; leather; rubber; sludge; and other discarded combustible or noncombustible waste, including solid, liquid, semisolid; or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community or residential activities, and from waste treatment plants, water supply treatment plants, or air pollution control facilities; but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permit under Section 402 of the Federal Water Pollution Control Act, or source, special nuclear, or byproduct material as defined by the Atomic Energy Act. UUU.[Reserved] VVV. “Stack, chimney, vent, or duct”means any conduit or duct emitting particulate or gaseous emissions into the open air. WWW. “Standard conditions”means the conditions existing at a temperature of 70o

### F (25o

### C) and pressure of 14.7 psia (760 mmHg). XXX. “Standard cubic foot”means a measure of the volume ofone cubic foot of gas at standard conditions. YYY. “Startup” means setting into operation any air pollution control equipment, or process equipment. ZZZ. “Stationary source”means any building, structure, facilityor installation, which is either permanent or temporary, excluding a private residence, that emits or may emit any regulated air pollutant or any pollutant listed under Section 112(b) of the federal act, theAir Quality Control Act, or the laws and regulations in effect pursuant to the act. Several buildings, structures, facilities, or installations, or any combinations will be treated as a single stationary source if they belong to the same industrial grouping, are located on one or more

### New Mexico Register / Volume XXI, Number 24 / December 30, 2010

20.11.1 NMAC 6 contiguous or adjacent properties, and are under the control of the same person, or persons, or are under common control. Pollutant-emitting activities shall be treated as the same industrial grouping if they have the same first two digits of an applicable standard industrial classification (SIC) code as described in the standard industrial classification manual, or if they have the same first three digits of an applicablenorth american industry classification system (NAICS) code. AAAA. “Sulfur dioxide” or “SO2

### ”means a pungent, colorless, poisonous gas composed of molecules containing a single atom of sulfur and two atoms of oxygen with a molecular weight of 64.07 g/mole. BBBB. “Total reduced sulfur”means any combination of sulfur compounds, except sulfur dioxide and free sulfur, which test as reduced sulfur, including, but not limited to, hydrogen sulfide, methyl mercaptan, and ethyl mercaptan. CCCC. “Total suspended particulate” or “TSP”means particulate matter as measured by the method described in 40 CFR Part 50, Appendix B. DDDD. “Vapors”means the gaseous form of a substance, which exists in the liquid or solid state at standard conditions. EEEE. “Visible emission”means an emission that can be seen because its opacity or optical density is above the threshold of vision. FFFF. “Volatile organic compounds” or “VOC”means any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic car bides or carbonates, and ammonium carbonate, which participates in atmospheric photochemical reactions. (1) VOC includes any such organic compound other than the following, which have been determined to have negligible photochemical reactivity: methane; ethane; methylene chloride (dichloromethane); 1,1,1-trichloroethane (methyl chloroform); 1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113); trichlorofluoromethane (CFC11); dichlorodifluoromethane (CFC-12); chlorodifluoromethane (HCFC-22); trifluoromethane (HFC-23); 1,2- dichloro 1,1,2,2-tetrafluoroethane (CFC-114); chloropentafluoroethane (CFC-115); 1,1,1-trifluoro 2,2- dichloroethane (HCFC-123); 1,1,1,2-tetrafluoroethane (HFC-134a); 1,1-dichloro 1-fluoroethane (HCFC-141b); 1- chloro 1,1-difluoroethane (HCFC-142b); 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124); pentafluoroethane(HCFC-125); 1,1,2,2-tetrafluoroethane (HFC-134); 1,1,1-trifluoroethane (HFC-143a); 1,1-difluoroethane (HFC152a); parachlorobenzotrifluoride (PCBTF); cyclic, branched, or linear completely methylated siloxanes; acetone;perchloroethylene (tetrachloroethylene); 3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC–225ca); 1,3-dichloro1,1,2,2,3-pentafluoropropane (HCFC–225cb); 1,1,1,2,3,4,4,5,5,5-decafluoropentane(HFC 43–10mee); difluoromethane(HFC–32); ethylfluoride (HFC–161); 1,1,1,3,3,3-hexafluoropropane (HFC–236fa); 1,1,2,2,3- pentafluoropropane (HFC–245ca); 1,1,2,3,3-pentafluoropropane (HFC–245ea); 1,1,1,2,3-pentafluoropropane (HFC– 245eb); 1,1,1,3,3-pentafluoropropane (HFC–245fa); 1,1,1,2,3,3-hexafluoropropane (HFC–236ea); 1,1,1,3,3- pentafluorobutane (HFC–365mfc); chlorofluoromethane (HCFC–31); 1 chloro-1-fluoroethane (HCFC–151a); 1,2- dichloro-1,1,2-trifluoroethane (HCFC–123a); 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4

### F9

### OCH3

### or HFE7100); 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3

### )2

### CFCF2

### OCH3

### ); 1-ethoxy1,1,2,2,3,3,4,4,4-nonafluorobutane (C4

### F9

### OC2

### H5

### or HFE-7200); 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3- heptafluoropropane ((CF3

### )2

### CFCF2

### OC2

### H5

### ); methyl acetate; 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (nC3

### F7

### OCH3

### or HFE-7000); 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane (HFE-7500); 1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea); methyl formate (HCOOCH3

### ); 1,1,1,2,2,3,4,5,5,5-decafluoro-3- methoxy-4-trifluoromethyl-pentane (HFE-7300); propylene carbonate; dimethyl carbonate; and perfluorocarbon compounds which fall into these classes: (a)cyclic, branched, or linear, completely fluorinated alkanes; (b) cyclic, branched, or linear, completely fluorinated ethers with no unsaturations; (c) cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and (d) sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine. (2) For purposes of determining compliance with emissions limits, VOC will be measured by the test methods in the approved state implementation plan (SIP) or 40 CFR Part 60, Appendix A, as applicable. Where such a method also measures compounds with negligible photochemical reactivity, these negligibility-reactive compounds may be excluded as VOC if the amount of suchcompounds is accurately quantified, and such exclusion is approved by the enforcement authority. (3) As a precondition to excluding these compounds as VOC or at any time thereafter, the enforcement authority may require an owner or operator to provide monitoring or testing methods and results

### New Mexico Register / Volume XXI, Number 24 / December 30, 2010

20.11.1 NMAC 7 demonstrating, to the satisfaction ofthe enforcement authority, the amount of negligibly-reactive compounds in the source’s emissions. (4) For purposes of federal enforcement for a specific source, the EPA shall use the test methods specified in the applicable EPA-approved SIP, in a permit issued pursuant to a program approved or promulgated under Title V of the act, or under 40 CFR Part 51, SubpartI or Appendix S, or under 40 CFR Parts 52 or 60. TheEPA shall not be bound by any state determination as to appropriate methods for testing or monitoring negligiblyreactive compounds if such determination is not reflected in any of the above provisions. (5) The following compound(s) are VOC for purposes of all recordkeeping, emissions reporting, photochemical dispersion modeling and inventory requirements which apply to VOC and shall be uniquely identified in emission reports, but are not VOC forpurposes of VOC emissions limitations or VOC content requirements: t-butyl acetate. (6) For the purposes of determining compliance with California's aerosol coatings reactivity-based regulation, (as described in the California Code of Regulations, Title 17, Division 3, Chapter 1, Subchapter 8.5, Article 3), any organic compound in the volatile portion of an aerosol coating is counted towards that product's reactivity-based limit. Therefore, the compounds identified in Subsection FFFFof 20.11.1.7 NMAC as negligibly reactive and excluded from EPA's definition of VOCs are tobe counted towards a product's reactivity limit for the purposes of determining compliance with California's aerosol coatings reactivity-based regulation. (7) For the purposes of determining compliance with EPA’s aerosol coatings reactivity based regulation (as described in 40 CFR Part 59 - National Volatile Organic Compound Emission Standards for Consumer and Commercial Products) any organic compound inthe volatile portion of an aerosol coating is counted towards the product’s reactivity-based limit, as provided in40 CFR Part 59, Subpart E.Therefore, the compounds that are used in aerosol coating products and that are identified in Subsection FFFF of 20.11.1.7 NMAC as negligibly reactive and excluded fromEPA’s definition of VOC are to be counted towards a product’s reactivity limit for the purposes of determining compliance with EPA’s aerosol coatings reactivity-based national regulation, as provided in 40 CFR Part 59, Subpart E. GGGG. “Measurements, abbreviations. and acronyms” A-BC AQCB-Albuquerque - Bernalillo county air quality control board ABT-averaging, banking and trading (program) AIRS-aerometric information retrieval system AMPA-Albuquerque metropolitan planning area API-American petroleum institute AQIA-air quality impact assessment AQI-air quality index AQS-air quality services ASE-national institute for automotive service excellence ASTM-American society for testing and materials ATS-allowance tracking system BACT-best available control technology Bhp-brake horsepower Btu-British thermal unit C-Celsius CAA(A)-federal Clean Air Act (Amendments) CEM-continuous emission monitor CFC(s)-chlorofluorocarbon(s) cfh-cubic feet per hour cfm-cubic feet per minute CFR-code of federal regulations CO2

### -carbon dioxide. CO-carbon monoxide. COG-mid-region council of governments CMAQ-congestion mitigation and air quality cu. in.-cubic inch(es) DER-discrete emission reduction DOE-department of energy DOT-U.S.department of transportation DPM-development process manual

### New Mexico Register / Volume XXI, Number 24 / December 30, 2010

20.11.1 NMAC 8 DRB-development review board EA-environmental assessment EHD-environmental health department EI-emission inventory EIS-environmental impact statement EPA-U.S. environmental protection agency EPC-environmental planning commission ERC-emission reduction credit F-Fahrenheit FHWA-federal highway administration, DOT FMVCP-federal motor vehicle control program FR-federal register ft.-feet FTA-federal transit administration, DOT g-gram(s) g/mole-grams per mole gal-U.S. gallon(s) GVW-gross vehicle weight GVWR-gross vehicle weight rating h-hour(s) HAP-hazardous air pollutants HC-hydrocarbon(s) Hg-mercury hp.-horsepower I/M-inspection/maintenance in.-inch(es) ISTEA-Intermodal Surface-Transportation Efficiency Act (see SAFETEA-LU) K-Kelvin kg-kilogram(s) km-kilometer(s) kPa-kilopascal(s) lb.-pound(s) lb/day-pounds per day lb-ft-pound-feet lb/hr-pounds per hour lb/yr-pounds per year LAER-lowest achievable emission rate LNG-liquefied natural gas LPG-liquefied petroleum gas LRTP-long range transportation plan

m-meter(s) MACT-maximum achievable control technology

max.-maximum MCO-manufacturer's certificate of origin μg-microgram μg/m3

### -microgram per cubic meter mg-milligram(s) mg/m3

### -milligram per cubic meter mi.-mile(s) min-minute(s) ml-milliliter(s)

mm-millimeter(s) MMBtu-million Btu mmHg-millimeters of mercury mph-miles per hour MPO-metropolitan planning organization

### New Mexico Register / Volume XXI, Number 24 / December 30, 2010

20.11.1 NMAC 9 MRCOG-mid-region council of governments MSERC-mobile source emission reduction credits MSMTC-mobile source modeling technical committee MTBE-methyl tertiary butyl ether MVD-motor vehicle division MWe-megawatt electrical N2

### -nitrogen NAAQS-national ambient air quality standards NAMS-national air monitoring station NCore-national core multi-pollutant monitoring network NDIR-NonDispersive InfraRed NEPA-National Environmental Policy Act NESCAUM/MARAMA-northeast states for coordinated air use management/mid-atlantic regional air management association NESHAP-national emission standards for hazardous air pollutants NIST-national institute of standards and technology NM-New Mexico NMAC-New Mexico administrative code NMSA-New Mexico statutes annotated NO-nitric oxide NO2

### -nitrogen dioxide NOx-oxides of nitrogen No-number NOV-notice of violation NMHC-non-methane hydrocarbons NSPS-new source performance standards NSR-new source review O2

### -oxygen O3

### -ozone OMTR-open market trading rule OTAG-ozone transport assessment group OTC-ozone transport commission Pb-lead PIC-public involvement committee PM-particulate matter PM2.5

### -particulate matter less than 2.5 microns PM10

### -particulate matter less than 10 microns ppm-parts per million by volume ppm C-parts per million, carbon PSD-prevention of significant deterioration psi-pounds per square inch psia-pounds per square inch absolute psig-pounds per square inch gauge PTE-potential to emit PWD-pathological waste destructor QF-qualifying facility R-Rankin RACT-reasonably available control technology R&D-research & development RECLAIM-regional clean air incentives market ROG-reactive organic gases rpm-revolutions per minute RTA-regional transit authority RTC-RECLAIM trading credit RVP-reid vapor pressure

s-second(s)

### New Mexico Register / Volume XXI, Number 24 / December 30, 2010

20.11.1 NMAC 10 SAE-society of automotive engineers SAFETEA-LU-The Safe, Accountable, Flexible, Efficient Transportation Equity Act - A Legacy for Users SBAP-small business assistance program scf -standard cubic foot SI-international system of units SIP-state implementation plan SLAMS-state and local air monitoring station SMOG-SMoke + fOG SO2

### -sulfur dioxide State DOT-New Mexico department of transportation STIP-state transportation improvement program TCC-transportation coordinating committee TCM-transportation control measure TES-transportation evaluation study TIP-transportation improvement program TMA-transportation management association ton/yr-tons per year TPTG-transportation program task group tpy-tons per year TSP-total suspended particulate UPWP-unified planning work program UTPPB-urban transportation planning policy board U.S.-United States UV-ultraviolet VE-visible emission(s) VIN-vehicle identification number VMT-vehicle miles traveled VOC-volatile organic compounds VPMD-vehicle pollution management division %-percent

o

### -degree(s) [3/21/77. . .11/12/81, 11/21/81, 3/16/89, 6/16/92, 2/26/93, 9/23/94, 12/16/94, 12/1/95, 8/1/96; 20.11.1.7 NMAC - Rn, 20 NMAC 11.01.I.7, 10/1/02; A, 7/1/04; A, 9/14/09; A, 1/10/11]

### New Mexico Register / Volume XXI, Number 24 / December 30, 2010

20.11.42 NMAC 1 This is an amendment to 20.11.42 NMAC, Sections 7 & 12, effective 1/10/11.

20.11.42.7 DEFINITIONS:In addition to the definitions in 20.11.42.7 NMAC, the definitions in 20.11.1 NMAC apply unless there is a conflict between definitions, in which case the definition in 20.11.42 NMAC shall govern. A. “Acid rain source”has the meaning given to “affected source” in the regulations promulgated under Title IV of the federal act, and includes all sources subject to Title IV. B. “Affected programs”means the state of New Mexico andIndian tribes and pueblos that are within 50 miles of the source. C. “Air pollutant”means an air pollution agent or combination of such agents, including any physical, chemical, biological, radioactive (including source material, special nuclear material, and byproduct material) substance or matter, which is emitted into or otherwise, enters the ambient air. Such term includes any precursors to the formation of any air pollutant; to the extent the administrator has identified such precursor or precursors for the purpose for which the term “air pollutant” is used. This excludes water vapor, nitrogen (N2

### ), [carbon dioxide (CO2

### ),] oxygen (O2

### )[, methane] and ethane. D. “Air pollution control equipment”means any device, equipment, process or combination thereof, the operation of which would limit, capture, reduce, confine, or otherwise control regulated air pollutants or convert for the purposes of control any regulated air pollutant to another form, another chemical or another physical state. This includes, but is not limited to, sulfur recovery units, acid plants, baghouses, precipitators, scrubbers, cyclones, water sprays, enclosures, catalytic converters, and steam or water injection. E. “Applicable requirement”means all of the following, as they apply to emissions units at a 20.11.42 NMAC source (including requirements that have been promulgated or approved by the board or EPA through rulemaking at the time of permit issuance but have future-effective compliance dates): (1) any standard or other requirement provided for in the New Mexico state implementation plan approved by EPA, or promulgated by EPA through rulemaking, under Title I of the federal act to implement the relevant requirements of the federal act, including any revisions to that plan promulgated in 40 CFR, Part 52; (2) any term or condition of any pre-construction permit issued pursuant to regulations approved or promulgated through rulemaking under Title I, including Parts C or D, of the federal act, unless that term or condition is determined by the department to be no longer pertinent; (3) any standard or otherrequirement under Section 111 of the federal act, including Section 111(d); (4) any standard or otherrequirement under Section 112 of the federal act, including any requirement concerning accident prevention under Section 112(r)(7) of the federal act; (5) any standard or other requirement of the acid rain program under Title IV of the federal act or the regulations promulgated thereunder; (6) any requirements established pursuant to Section 504(b) or Section 114(a)(3) of the federal act; (7) any standard or other requirement under Section 126(a)(1) and (c) of the federal act; (8) any standard or other requirement governing solid waste incineration under Section 129 of the federal act; (9) any standard or other requirement for consumer and commercial products, under Section 183(e) of the federal act; (10) any standard or other requirement for tank vessels under Section 183(f) of the federal act; (11) any standard or other requirement of the program to control air pollution from outer continental shelf sources, under Section 328 of the federal act; (12) any standard or other requirement of the regulations promulgated to protect stratospheric ozone under Title VI of the federal act, unless the administrator has determined that such requirements need not be contained in a Title V permit; (13) any national ambient airquality standard, or any increment or visibility requirement under Part C of Title I of the federal act, but only as it would applyto temporary sources permitted pursuant to Section 504(e) of the federal act; and (14) any regulation adopted by the board in accordance withthe joint air quality control board ordinances pursuant to the New Mexico Air Quality Control Act, 74-2-5.B NMSA 1978. F. “Department”means the Albuquerque environmental health department or its successor agency or authority, as represented by the department director or his or her designee. G. “Draft permit”means a version of a permit, for which the department offers for public participation under Subsection B of 20.11.42.13 NMAC or affected program review under Subsection C of 20.11.42.13 NMAC.

### New Mexico Register / Volume XXI, Number 24 / December 30, 2010

20.11.42 NMAC 2 H. “Emission limitation”means a requirement established by EPA, the board, or the department, that limits the quantity, rate or concentration, or combina tion thereof, of emissions of regulated air pollutants on a continuous basis, including any requirements relating tothe operation or maintenance of a source to assure continuous reduction. I. “Emissions allowable under the permit”means: (1) any federally enforceable permit term or condition determined at issuance to be required by an applicable requirement that establishes an emissionlimit (including a work practice standard); or (2) any federally enforceable emissions cap that the permittee has assumed to avoid an applicable requirement to which the source would otherwise be subject. J. “Emissions unit”means any part or activity of a stationary source that emits or has the potential to emit any regulated air pollutant or any air pollutant listedpursuant to Section 112(b) of the federal act. This term is not meant to alter or affect the definition of the term “unit” for purposes of Title IV of the federal act. K. “Federal act”means the federal Clean Air Act, as amended, 42 U.S.C. Section 7401, et seq. L. “Federally enforceable”means all limitations and conditions which are enforceable by the administrator, including those requirements developed pursuant to 40 CFR Parts 60 and 61, requirements within the New Mexico state implementation plan, and any permit requirements established pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Part 51, Subpart I, including 40 CFR 51.165 and 40 CFR 51.166. M. “Final permit”means the version of an operating permit issued by the department that has met all review requirements of Section 20.11.42.13 NMAC. N. “Fugitive emissions”are those emissions, which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. O. “General permit”means an operating permit that meets the requirements of Subsection D of 20.11.42.12 NMAC. P. “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. [P.] Q.“Hazardous air pollutant”means an air contaminant that hasbeen classified as a hazardous air pollutant pursuant to the federal act. [Q.] R.“Insignificant activities”means those activities listed by the department and approved by the administrator as insignificant on the basis of size, emissions or production rate. [R.] S.“Major source”means any stationary source (or any group of stationary sources that are located on one or more contiguous or adjacent properties, and are under common control of the same person(s)) in which all of the pollutant emitting activities at such source belong to the same major group (i.e., all have the same two-digit code), as described in the standard industrial classification manual
, 1987, and that is described in paragraphs (1), (2), or (3) below. (1) A major source under Section 112 of the federal act, which is defined as: (a) for pollutants other than radionuclides, any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit, in the aggregate, 10 tons per year or more of any hazardous air pollutant which has been listed pursuant to Section 112 (b) of the federal act, 25 tons per year or more of any combination of such hazardousair pollutants, or such lesser quantity as the administrator may establish by rule; notwithstanding the preceding sentence, emissions from any oil or gas exploration or production well (with its associated equipment) and emissions from any pipeline compressor or pump station shall not be aggregated with emissions from other similar units, whether or not such units are in a contiguous area or under common control, to determine whether such units or stations are major sources; or (b) for radionuclides, “major source” shall have the meaning specified by the administrator by rule. (2) A major stationary source of air pollutants, as defined in Section 302 of the act, that directly emits or has the potential to emit, 100 tons per year or more of any air pollutant subject to regulation (including any major source of fugitive emissions of any such pollutant, as determined by rule by the administrator). The fugitive emissions of a stationary source shall not be considered in determining whether it is a major stationary source for the purposes of Section 302(j) of the act, unless the source belongs to one of the following categories of stationary

sources: (a) coal cleaning plants (with thermal dryers); (b) kraft pulp mills; (c) portland cement plants; (d) primary zinc smelters;

### New Mexico Register / Volume XXI, Number 24 / December 30, 2010

20.11.42 NMAC 3 (e) iron and steel mills; (f) primary aluminum ore reduction plants; (g) primary copper smelters; (h) municipal incinerators capable of charging more than 250 tons of refuse per day; (i) hydrofluoric, sulfuric, or nitric acid plants; (j) petroleum refineries; (k) lime plants; (l) phosphate rock processing plants; (m) coke oven batteries; (n) sulfur recovery plants; (o) carbon black plants (furnace process); (p) primary lead smelters; (q) fuel conversion plant; (r) sintering plants; (s) secondary metal production plants; (t) chemicalprocess 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; (u) fossil-fuelboilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input; (v) petroleum storage and transfer units with a total storage capacityexceeding 300,000 barrels; (w) taconite ore processing plants; (x) glass fiber processing plants; (y) charcoal production plants; (z) fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; or (aa) any other stationary source category, which as of August 7, 1980, is being regulated under Section 111 or 112 of the federal act. (3) A major stationary source as defined in Part D of Title I of the federal act, including: (a) for ozone non-attainment areas, sources with the potential to emit 100 tons per year or more of volatile organic compounds or nitrogen oxides in areas classified as “marginal” or “moderate”, 50 tons per year or more in areas classified as “serious”, 25 tons per year or more in areas classified as “severe”, and 10 tons per year or more in areas classified as “extreme”; except that the references in Paragraph (3) of Subsection [R] Sof 20.11.42.7 NMAC to 100, 50, 25, and 10 tons per year of nitrogen oxides shall not apply to any source for which the administrator has made a finding, under Section 182(f)(1) or (2) of the federal act, that requirements under Section 182(f) of the act do not apply; (b) for ozone transport regions established pursuant to Section 184 of the federal act, sources with the potential to emit 50 tons per year or more of volatile organic compounds; (c) for carbon monoxide non-attainment areas: (i) that are classified as “serious”; and (ii)in which stationary sources contribute significantly to carbon monoxide levelsas determined under rules issued by the administrator, sources with the potential to emit 50 tons per year or more of carbon monoxide; and (d) for particulate matter (PM10

### ) non-attainment areas classified as “serious”, sources with the potential to emit 70 tons per year or more of PM10

### . [S.] T.“Operating permit” or “permit”means any permit or group of permits covering a source that is issued, renewed, modified or revised pursuant to 20.11.42 NMAC. [T.] U.“Operator”means the person(s) responsible for the overall operation of a facility. [U.] V.“Owner”means the person(s) who owns a facility or part of a facility. [V. Reserved.] W. “Permit modification”means a revision to an operating permit that meets the requirements of significant permit modifications, minor permit modifications, or administrative permit amendments, as defined in Subsection E of 20.11.42.13 NMAC. X. “Permittee”means the owner, operator or responsible official at a permitted 20.11.42 NMAC source, as identified in any permit application or modification.

### New Mexico Register / Volume XXI, Number 24 / December 30, 2010

20.11.42 NMAC 4 Y. “Person”includes any individual, partnership, corporation, association, state or political subdivision of a state, and any agency, department or instrumentality ofthe United States, and any of their officers, agents or employees. Z. “Potential to emit”means the maximum capacity of a stationary source to emit any air pollutant under its physical and operational design. Any physical or operational limitation on the capacity of a source to emit an air pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation is federally enforceable. The potential to emit for nitrogen dioxide shall be based on total oxides of nitrogen. AA. “Proposed permit”means the version of a permit that the department proposes to issue and forwards to the administrator for review in compliance with Subsection C of 20.11.42.13 NMAC. BB. “Regulated air pollutant”means the following: (1) nitrogen oxides, total suspended particulate matter, or any volatile organic compounds; (2) any pollutant for which a national ambient air quality standard has been promulgated; (3) any pollutant that is subject to any standard promulgated under Section 111 of the federal act; (4) any class I or II substance subject to any standard promulgated under or established by Title VI of the federal act; [or] (5) any pollutant subject to a standard promulgated under Section 112 or any other requirements established under Section 112 of the federal act, including: (a) any pollutant subject to requirements under Section 112(j) of the federal act; if the administrator fails to promulgate a standard by the date established pursuant to Section 112(e) of the federal act, any pollutant for which a subject source would be a major source shall be considered to be regulated on the date 18 months after the applicable date established pursuant to Section 112(e) of the federal act; and (b) any pollutant for which the requirements of Section 112(g)(2) of the federal act have been met, but only with respect to the individual source subject to a Section 112(g)(2) requirement; or (6) any other pollutant “sub ject to regulation” as defined in Subsection II of 20.11.42.7 NMAC. CC. “Renewal”means the process by which a permit is reissued at the end of its term. DD. “Responsible official”means one of the following: (1) For a corporation: a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and either: (a) the facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in secondquarter 1980 dollars); or (b) the delegation of authority to such representatives is approved in advance by the department. (2) For a partnership or sole proprietorship: a general partner or the proprietor, respectively. (3) For a municipality, state,federal or other public agency: either a principal executive officer or ranking elected official. For the purposes of 20.11.42 NMAC, a principal executive officer of a federal agency includes the chief executive officer having responsibility forthe overall operations of a principal geographic unit of the agency (e.g., a regionaladministrator of EPA). (4) For an acid rain source: (a) the designated representative (as defined in Section 402(26) of the federal act) in so fa r as actions, standards, requirements, or prohibitions under TitleIV of the federal act or the regulations promulgated thereunder are concerned; and (b) the designated representative for any other purposes under 40 CFR, Part 70. EE. “Section 502(b)(10) changes”are changes that contravene an express permit term. Such changes do not include changes that would violate applicable requirements or contravene permit terms and conditions that are monitoring (including test methods), record keeping, reporting, or compliance certification requirements. FF. “Shutdown”means the cessation of operation of any air pollution control equipment, process equipment or process for any purpose. GG. “Startup”means the setting into operation of any air pollution control equipment, process equipment or process for any purpose. HH. “Stationary source” or “source” means any building, structure, facility, or installation that emits or may emit any regulated air pollutant or any pollutant listed under Section 112(b) of the federal act.

### New Mexico Register / Volume XXI, Number 24 / December 30, 2010

20.11.42 NMAC 5 II. “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 40 CFR Chapter I, that requires actual control of the quantity of emissions of that pollutant, and that such a control requirement has taken effect and 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 unless, as of July 1, 2011, the GHG emissions are at a stationary source emitting or having the potential to emit 100,000 tpy CO2

### equivalent emissions. (2) The term “tpy CO2

### equivalent emissions” (CO2

### e) shall represent an amount of GHGs emitted, and shall be computed by 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 40 CFR Part 98, Global Warming Potentials, and summing the resultant value for each to compute a tpy CO2

### e. [II] JJ. “Subsidiary”means a business concern which is owned or controlled by, or is a partner of, the applicant or permittee. [JJ] KK. “Title I modification”means any modification under Sections 111 or 112 of the federal act and any physical change or change in method of operations that is subject to the pre-construction regulations promulgated under Parts C and D of the federal act. [3/1/94. . .12/1/95; 20.11.42.7 NMAC - Rn, 20 NMAC 11.42.I.7, 10/1/02; A, 2/1/03; A, 8/10/09; A, 1/10/11]
20.11.42.12 PERMIT REQUIREMENTS: A. Permit applications: (1) Duty to apply.For each 20.11.42 NMAC source, the owner or operator shall submit a timely and complete permit application in accordance with 20.11.42 NMAC. (2) Timely application. (a) A timely application is: (i)for first time applications, one that is submitted within 12 months after the source commences operation as a 20.11.42 NMAC source, [or asestablished in the transition schedule outlined in Subparagraph (b), of Paragraph (2), of Subsection A of 20.11.42.12 NMAC below]; (ii)for purposes of permit renewal, one that is submitted at least 12 months prior to the date of permit expiration; (iii) for the acid rain portion of permit applications for initial phase II acid ra in sources under Title IV of the federal act, by January 1, 1996 for sulfur dioxide, and by January 1, 1998 for nitrogen oxides. (b) [Transition schedule.A timely application for a 20.11.42 NMAC source which is in operation on or before the effective date of 20.11.42 NMAC is one that is submitted: (i)within six months after the effective date for storage of gasoline in stationary containers having greater than 40,000 gallons capacity and loading of gasoline from loading racks having a 30

-day throughput greater than 600,000 gallons; (ii) within 12 months after the effective date for other sources.] Reserved

. (3) Completeness of application. (a) To be deemed complete, an application must provide all information required pursuant to Paragraph (4), of Subsection A of 20.11.42.12 NMAC, except that applications for permit modifications need supply such information only if it is related to the proposed change. (b) If, while processing an application, regardless of whether it has been determined or deemed to be complete, the department determines that additional information is necessary to evaluate or take final action on that application, it may request such information in writing and set a reasonable deadline for a response. (c) Any applicant who fails to submit any relevant facts or who has submitted incorrect information in a permit application or in a supplemental submittal shall, upon becoming aware of such failure or incorrect submittal, promptly submit such supplementary facts or corrected information. In addition, an applicant shall provide further information as necessary to address any requirements that become applicable to the source after the date it filed a complete application but prior to release of a draft permit. (d) The applicant’s ability to operate without a permit, as set forth in Subparagraph (b), of Paragraph (1), of Subsection B of 20.11.42.2 NMAC, shall be in effect from the date a timely application is submitted until the final permit is issued or disapproved, provided that the applicant adequately submits any requested additional information by the deadline specified by the department. (4)Content of application.Any person seeking a permit under 20.11.42 NMAC shall do so by filing a written application with the department. The applicant shall submit three copies of the permit application, or

### New Mexico Register / Volume XXI, Number 24 / December 30, 2010

20.11.42 NMAC 6 more, as requested by the department. An applicant maynot omit information needed to determine the applicability of, or to impose, any applicable requirement, or to evaluate the fee amount required under 20.11.2 NMAC, Fees

. Fugitive emissions shall be included in the permit application in the same manner as stack emissions, regardless of whether the source category in question is included in the list of sources contained in the definition of major source. All applications shall: (a) be made onforms furnished by the department, which for the acid rain portions of permit applications and compliance plans shall be on nationally-standardized forms to the extent required by regulations promulgated under Title IV of the federal act; (b) state the company's name and address (and, if different, plant name and address), together with the names and addresses of the owner(s), responsible official and the operator of the source, any subsidiaries or parent companies, the company's state of incorporation or principal registration to do business and corporate or partnership relationship to other permittee’s subject to 20.11.42 NMAC, and the telephone numbers and names of the owners' agent(s) and the site contact(s) familiar with plant operations; (c) state the date of the application; (d) include a description of the source’s processes and products (by standard industrial classification code) including any associated with alternative scenarios identified by the applicant, and a map, such as the 7.5 minute topographic quadrangle map published by the United States geological survey or the most detailed map available showing the exact location of the source; the location shall be identified by latitude and longitude or by UTM coordinates; (e) for all emissions of all air pollutants for which the source is major and all emissions of regulated air pollutants, provide all emissions information, calculations and computations for the source and for each emissions unit, except for insignificant activities (as defined in Subsection [Q] Rof 20.11.42.7 NMAC); this shall include: (i)a process flow sheet of all components of the facility which would be involvedin routine operations and emissions; (ii)identification and description of all emission points in sufficient detail to establish the basis for fees and applicability of requirements of the state and federal acts; (iii)emissions rates in tons per year, pounds per hour and other terms necessary to establish compliance consistent with the applicable standard reference test method; (iv)specific information such as that rega rding fuels, fuel use, raw materials, or production rates, to the extent it is needed to determine or regulate emissions; (v)identification and full description, including all calculations and the basis f or all control efficiencies presented, of air pollution control equipment and compliance monitoring devices or activities; (vi)the maximum and standard operating schedules of the source, as well as any work practice standards or limitations on source operation which affect emissions of regulated pollutants; (vii)an operational plan defining the measures to be taken to mitigate source emissions during startups, shutdowns and emergencies; (viii)other relevant information as the department may reasonably require or whichare required by any applicable requirements (including information related to stack height limitations developed pursuant to Section 123 of the federal act); and (ix)for each alternative operating scenario identified by the applicant, all of the information required in Items (i) through (viii) above, aswell as additional information determined to be necessary by the department to define such alternative operating scenarios; (f) provide a list of insignificant activities (as defined in Subsection [Q] Rof 20.11.42.7 NMAC) at the source, their emissions, to the extent required by the department, and any information necessary to determine applicable requirements; (g) provide a citation and description of all applicable air pollution control requirements, including: (i)sufficient information related to the emissions of regulated air pollutants toverify the requirements that are applicable to the source; and (ii) a description of or reference to any applicable test method for determining compliance with each applicable requirement; (h) provide an explanation of any proposed exemptions from otherwise applicable requirements;

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20.11.42 NMAC 7 (i) provide ot her specific information that may be necessary to implement and enforce other requirements of the state or federal acts or to determinethe applicability of such requirements, including information necessary to collect any feesowed under 20.11.2 NMAC, Fees; (j) for applications which: (i)are required pursuant to the transition schedule in Subparagraph (b), of Paragraph (2), of Subsection A of 20.11.42.12 NMAC; or (ii)for subsequent applications or modifications, where emissions or anticipated emissions have increased since modeling for a modification or new source construction was reviewed under 20.11.41 NMAC or 20.11.42 NMAC: submit a dispersion modeling analysis, using EPA approved models and procedures, showing whether emissions from the source would cause air pollutant concentrations in excess of anyNew Mexico ambient air quality standard for nitrogen oxides, sulfur oxides, total suspended particulates or nonmethane hydrocarbons, or any national ambient air quality standard; air pollutants that are not emitted in significant amounts (as defined in 40 CFR 52.21(b)(23)(i)) during routine operations need not be modeled; the department may waive modeling with respect to ozone if the department determines that emissions from the source are not likely to cause ozone concentrations in excess of the national ambient air quality standard; (k) provide certification of compliance, including: (i)a certification, by a responsible official consistent with Paragraph (5), of Subsection A of 20.11.42.12 NMAC of the source's compliance status for each applicable requirement; (ii)a statement of methods used for determining compliance, including a description of monitoring, record keeping, and reporting requirements and test methods; (iii)a statement that the source will continue to be in compliance with applicable requirements for which it is in compliance, and will, in a timely manner or at such schedule expressly required by the applicable requirement, meet additional applicable requirements that become effective during the permit term; (iv)a schedule for submission of compliance certifications during the permit term,to be submitted no less frequently than annually, or more frequently if specified by the underlying applicable requirement or by the department; and (v)a statement indicating the source's compliance status with any enhanced monitoring and compliance certification requirements of the federal act; (l) for sourcesthat are not in compliance with all applicable requirements at the time of permit application, provide a compliance plan that contains: (i)a description of the compliance status of the source with respect to all applicable requirements; (ii)a narrative description of how the source will achieve compliance with such requirements for which it is not in compliance; (iii)a schedule of remedial measures, including an enforceable sequence of actionswith milestones, leading to compliance with such applicable requirements; the schedule of compliance shall be at least as stringent as that contained in any consent decree or administrative order to which the source is subject, and the obligations of any consent decree or administrative order shall not be in any way diminished by the schedule of compliance; any such schedule of compliance shall be supplemental to, and shall not prohibit the department from taking any enforcement action for noncompliance with, the applicable requirements on which it is based; (iv)a schedule for submission of certif ied progress reports no less frequently than every six months; and (v)for the portion of each acid rain sourcesubject to the acid rain provisions of Title IV of the federal act, the compliance plan content requirements specified in this paragraph, except as specifically superseded by regulations promulgated under Title IV of the federal act with regard to the schedule and method(s) the source will use to achieve compliance with the acid rain emissions limitations. (5) Certification.Any document, including any application form, report, or compliance certification, submitted pursuant to 20.11.42 NMAC shall contain certification by a responsible official of truth, accuracy, and completeness. This certification and any other certification required under this regulation shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete. B. Confidential information protection: (1) All confidentiality claimsmade regarding material submitted to the department under 20.11.42 NMAC shall be reviewed in accordance with the provisions of the joint air quality control board ordinances pursuant to the New Mexico Air Quality Control Act Section 74-2-11 NMSA 1978 and the New Mexico Inspection of Public Records Act, Section 14-2-1, et seq. NMSA 1978.

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20.11.42 NMAC 8 (2) In the case where an applicant or permittee has submitted information to the department under a claim of confidentiality, the department may also require the applicant or permittee to submit a copy of such information directly to the administrator. (3) An operating permit is a public record, and not entitled to protection under Section 114(c) of the federal act. C. Permit content: (1) Permit conditions. (a) The depa rtment shall specify conditions upon apermit, including emission limitations and sufficient operational requirements and limitations, to assurecompliance with all applicable requirements at the time of permit issuance or as specified in the approved schedule of compliance. The permit shall: (i)for major sources, include all applicablerequirements for all relevant emissions units in the major source; (ii)for any non-major source subject to Section 20.11.42.2 NMAC, include all applicable requirements which apply to emissions units that cause the source to be subject to 20.11.42 NMAC; (iii)specify and reference the origin of and authority for each term or condition,and identify any difference in form as compared to the applicable requirement upon which the term or condition is based; (iv)include a severability clause to ensure the continued validity of the variouspermit requirements in the event of a challenge to any portions of the permit; and (v)include a provision to ensure that the permittee pays fees to the department consistent with the fee schedule in 20.11.2 NMAC, Fees; (vi)for purposes of the permit shield, identify any requirement specifically identified in the application or significant permit modification that the department has determined is not applicable to the source, and state the basis for any such determination. (b) Each permit issued shall, additionally, include provisions stating that: (i) the permittee shall comply with all terms and conditions of the permit; any per mit noncompliance is grounds for enforcement action; in addition, noncompliance with federally enforceable permit conditions constitutes a violation of the federal act; (ii)it shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of the permit; (iii)the permit may be modified, reopened and revised, revoked and reissued, or terminated for cause in accordance with Subsection F of 20.11.42.13 NMAC; (iv)the filing of a request by the permittee for a permit modification, revocationand reissuance, or termination, or of a notification of planned changes or anticipated noncompliance shall not stay any permit condition; (v) the permit does not convey any property rights of any sort, or any exclusive pr ivilege; (vi)within the period specified by the department, the permittee shall furnish any information that the department may request in writing todetermine whether cause exists for reopening and revising, revoking and reissuing, or termination of the permit or to determine compliance with the permit; upon request, the permittee shall also furnish to the department copies of records required by the permit to be maintained. (c) The terms and conditions for all alternative operating scenarios identified in the application and approved by the department: (i) shall require that the permittee maintain a log at the permitted facility which documents, contemporaneously with any change from one operating scenario to another, the scenario under which the facility is operating; and (ii)shall, for each such alternative scenario, meet all applicable requirements and the requirements of 20.11.42 NMAC. (d) The depa rtment may impose conditions regulating emissions during startup and shutdown. (e) All permit terms and conditions which are required under the federal act or under any ofits applicable requirements, including anyprovisions designed to limit a source'spotential to emit, are enforceable by the administrator and citizens under the federal act. Thepermit shall specifically designate as not being federally enforceable under the federal act any terms or conditions included in the permit that are not required under the federal act or under any of its applicable requirements. (f) The issuance of a permit, or the filing or approval of a compliance plan, does not relieve any person from civil or criminal liability for failure to comply with the provisions of the Air Quality Control Act, the

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20.11.42 NMAC 9 federal act, federal regulations thereunder, any applicable regulations of the board, and any other applicable law or regulation. (g) The department may include part or all of the contents of the application as terms and conditions of the permit or permit modification. The department shall not apply permit terms and conditions upon emissions of regulated pollutants for which there are no applicable requirements, unless the source is major for that pollutant. (h) Fugitive emissions from a source shall be included in the operating permit in the same manner as stack emissions, regardless of whether the source category in question is included in the list of sources contained in the definition of major source. (i) The acid rain portion of operating permits for acid rain sources shall: (i)state that, where an applicable requirement of the federal act is more stringent than an applicable requirement of regulations promulgated under Title IV of the federal act, both provisions shall be incorporated into the permit and shallbe enforceable by the administrator; (ii)contain a permit condition prohibiting emissions exceeding any allowances that the acid rain source lawfully holds under Title IV of the federal act or the regulations promulgated thereunder; no permit modification under this regulation shall be required for increases in emissions that are authorized by allowances acquired pursuant to the acid rain program,provided that such increases do not require a permit modification under any other applicable requirement; no limit shall be placed on the number of allowances held by the acid rain source; the permittee may not use allowances as a defense to noncompliance with any other applicable requirement; any such allowance shall be accounted for according to the procedures established in regulations promulgated under Title IV of the federal act. (2) Permit duration.The department shall issue operatingpermits for a fixed term not to exceed five years. (3) Monitoring. (a) Each permit shall contain all emissions monitoringrequirements, and analysis procedures or test methods, required to assure and verify compliance with the terms and conditions of the permit and applicable requirements, including any procedures and methods promulgated by the administrator. (b) Where the a pplicable requirement does not require periodic testing or instrumental or non

instrumental monitoring (which may consist of record keeping designed to serve as monitoring), the permit shall require periodic monitoring sufficient to yield reliable data from the relevant time period that are representative of the source's compliance with the permit, as reported pursuant to Paragraph (5), of Subsection C of 20.11.42.12 NMAC. Such monitoring requirements shall assure use of terms, test methods, units, averaging periods, and other statistical conventions consistent with the applicable requirement. (c) The permit shall also contain specific requirements concerning the use, maintenance, and, when appropriate, installation of monitoring equipment or methods. (4) Record keeping. (a) The permit shall require record keeping sufficient to assure and verify compliance with the terms and conditions of the permit, including: (i)the date, place as defined in the permit, and time of sampling or measurements; (ii) the date(s) analyses were performed; (iii) the company or entity that performed the analyses; (iv) the analytical techniques or methods used; (v) the results of such analyses; and (vi) the operating conditions existing at the time of sampling or measurement. (b) Records ofall monitoring data and support information shall be retained for a period ofat least five years from the date of the monitoring sample, measurement, report, or application. Supporting information includes all calibration and maintenance records and all original strip-chart recordings for continuous monitoring instrumentation, and copies of all reports required by the permit. (5) Reporting.The permit shall require reporting sufficient to assure and verify compliance with the terms and conditions of the permit and all applicable requirements, including: (a) submittal of reports of any required monitoring at least every six months; the reports shall be due to the department within 45 days of the end of the permittee's reporting period; all instances of deviations from permit requirements, including emergencies, must be clearly identified in such reports; all required reports must be certified by a responsible official consistent with Paragraph (5), of Subsection A of 20.11.42.12 NMAC; (b) prompt reporting of all deviations (including emergencies) from permit requirements, including the date, time, duration and probable cause of such deviations, the quantity and pollutant type of excess

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20.11.42 NMAC 10 emissions resulting from the deviation, and any corrective actions or preventive measures taken; such reports shall include telephone, verbal, e-mailor facsimile communication within 24 hours of the start of the next business day and written notification within 10 days; (c) submittal of compliance certification reports at least every 12 months (or more frequently if so specified by an applicable requirement) certifying the source's compliance status with all permit terms and conditions and all applicable requirements relevant to the source, including those related to emission limitations or work practices; the reports shall be due to the department within 30 days of the end of the permittee's reporting period; such compliance certifications shall be submitted to the administrator as well as to the department and shall include: (i) the identification of each term or condition of the permit that is the basis of the certification; (ii) the compliance status of the source; (iii) whether compliance was continuous or intermittent; (iv) the method(s) used for determining the compliance status of the source, currently and during the reporting period identified in the permit; and (v)such other facts as the department may require to determine the compliance status of the source; (d) such additional provisions as may be specified by the administrator to determine the compliance status of the source. (6) Compliance.To assure and verify compliance with the terms and conditions of the permit and with 20.11.42 NMAC, permits shall also: (a) require that, upon presentation of credentials and other documents as may be required by law, the permittee shall allow authorized representatives of the department to perform the following: (i)enter upon the permittee's premises where a source is located or emission related activity is conducted, or where records must be kept under the conditions of the permit; (ii)have access to and copy any records that must be kept under the conditions ofthe permit; (iii) inspect any facilities, equipment (including monitoring and air pollution con trol equipment), practices, or operations regulated or required under the permit; and (iv)sample or monitor any substances or parameters for the purpose of assuring compliance with the permit or applicable requirements or as otherwise authorized by the federal act; (b) require that sources required under Subparagraph (k), of Paragraph (4), of Subsection A of 20.11.42.12 NMAC to have a schedule of compliance submit progress reports to the department at least semiannually, or more frequently if specified in the applicable requirement or by the department; such progress reports shall be consistent with the schedule of compliance and requirements of Subparagraph (k), of Paragraph (4), of Subsection A of 20.11.42.12 NMAC, and shall contain: (i)dates for achieving the activities, milestones, or compliance required in the schedule of compliance, and dates when such activities, milestones or compliance were achieved; and (ii)an explanation of why any dates inthe schedule of compliance were not or willnot be met, and any preventive or corrective measures adopted; (c)include such other provisions as the department may require. (7) Operational flexibility. (a) Section 502(b)(10) changes. (i)The permittee may make Section 502(b)(10) changes, as defined in Section 20.11.42.7 NMAC, without applying for a permit modification, if those changes are not Title I modifications and the changes do not cause the facility to exceed the emissions allowable under the permit (whether expressed as a rate of emissions or in terms of total emissions). (ii)For each such change, the permittee shall provide written notification to the department and the administrator at least seven days in advance of the proposed changes. Such notification shall include a brief description of the change within the permitted facility, the date on which the change will occur, any change in emissions, and any permit term or condition that is no longer applicable as a result of the change. (iii)The permittee and department shall attach each such notice to their copy of the relevant permit. (iv)If the written notification and the change qualify under this provision, the permittee is not required to comply with the permit terms and conditions it has identified that restrict the change. If the change does not qualify under this provision, the original terms of the permit remain fully enforceable.

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20.11.42 NMAC 11 (b) Emissions trading within a facility. (i)The department shall, if an applicant requests it, issue permits that contain t erms and conditions allowing for the trading of emissions increases and decreases in the permitted facility solely for the purpose of complying with a federally-enforceable emissions cap that is established in the permit in addition to any applicable requirements. Such terms and conditionsshall include all terms and conditions required under Subsection C of 20.11.42.12 NMAC to determine compliance.If applicable requirements apply to the requested emissions trading, permit conditions shall be issued only to the extent that the applicable requirements provide for trading such increases and decreaseswithout a case-by-case approval. (ii)The applicant shall include in the application proposed replicable procedures and permit terms that ensure the emissions trades are quantifiable and enforceable. The department shall not include in the emissions trading provisions any emissions units for which emissions are not quantifiable or for which there are no replicable procedures to enforce the emissions trades. The permit shall require compliance with all applicable requirements. (iii) For each such change, the permittee shall provide written notification to the department and the administrator at least seven days in advance of the proposed changes. Such notification shall state when the change will occur and shall describe the changes in emissions that willresult and how these increases and decreases in emissions will comply with the terms and conditions of the permit. (iv)The permittee and department shall attach each such notice to their copy of the relevant permit. (8) Off-permit changes. (a) Permittees are allowed to make, without a perm it modification, changes that are not addressed or prohibited by the operating permit, if: (i)each such change meets all applicablerequirements and shall not violate any existing permit term or condition; (ii)such changes are not subject to any requirements under Title IV of the federalact and are not Title I modifications; (iii) such changes are not subject to permit modification procedures under Subsection E of 20.11.42.13 NMAC; and (iv) the permittee provides contemporaneous written notice to the department and EPA of each such change, except for changes that qualify as insignificant activities; such written notice shall describe each such change, including the date, any change in emissions, pollutants emitted and any applicable requirement that would apply as a result of the change. (b) The permittee shall keep a record describing changes made at the source that result in emissions of a regulated air pollutant subject to an applicable requirement, but not otherwise regulated under the permit, and the emissions resulting from those changes. (9) Permit shield. (a) Except as provided in 20.11.42 NMAC, the department shall expressly include in a 20.11.42 NMAC permit a provision stating that compliance with the conditions of the permit shall be deemed compliance with any applicable requirements as of the date of permit issuance, provided that: (i)such applicable requirements are included and are specifically identified in the permit;

or (ii)the department, in acting on the permit application or significant permit modification, determines in writing that other requirements specifically identified are not applicable to the source, and the permit includes the determination or a concise summary thereof. (b) A 20.11.42NMAC permit that does not expressly state that a permit shield exists for a specific provision shall be presumed not toprovide a shield for that provision. (c) Nothing in 20.11.42.12 NMAC or in any 20.11.42 NMAC permit shall alter or affect the following: (i) the provisions of Section 303 of the federal act -Emergency Powers, including the authority of the administrator under Section 303, or the provisions of the joint air quality control board ordinances pursuant to the New Mexico Air Quality Control Act, 74-2-10 NMSA 1978; (ii)the liability of an owner or operator of a source for any violation of applica ble requirements prior to or at the time of permit issuance; (iii) the applicable requirements of the acid rain program, consistent with Section 408(a) of the federal act;

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20.11.42 NMAC 12 (iv) the ability of EPA to obtain information from a source pursuant to Section 114of the federal act, or the department to obtain information in accordance with the joint air quality control board ordinances pursuant to the New Mexico Air Quality Control Act 74-2-13 NMSA 1978. (d) The permit shield shall remain in effect if the permit terms and conditions are extendedpast the expiration date of the permit pursuant to Paragraph (4), of Subsection A of 20.11.42.13 NMAC. (e) The permit shield may extend to terms and conditions that allow emission increases and decreases as part of emissions trading within a facility pursuant to Subparagraph (b), of Paragraph (7), of Subsection C of 20.11.42.12 NMAC, and to all terms and conditions under each operating scenario included pursuant to Subparagraph (e), of Paragraph (1), of Subsection C of 20.11.42.12 NMAC. (f) The permit shield shall not extend toadministrative permit amendmentsunder Paragraph (1), of Subsection E of 20.11.42.13 NMAC, to minor permit modificationsunder Paragraph (2), of Subsection E of 20.11.42.12 NMAC, to section 502(b)(10) changesunder Subparagraph (a), of Paragraph (7) of Subsection C of 20.11.42.12 NMAC, or to permit terms or conditions for which notice has been given to reopen or revoke all or part under Subsection F of 20.11.42.13 NMAC. D. General permits: (1) Issuance of general permits. (a) The depa rtment may, after notice and opportunity for public participation and EPA and affected program review, issue a general permit covering numerous similar sources. Such sources shall be generally homogenous in terms of operations, processes and emissions, subject to the same or substantially similar requirements, and not subject to case-by-case standards or requirements. (b) Any general permit shall comply with all requirements applicable to other operating permits and shall identify criteria by which sources may qualify for the general permit. (2)Authorization to operate under a general permit. (a) The owner or operator of a 20.11.42 NMAC source which qualifies for a general permit must: (i)apply to the department for coverage under the terms of the general permit; (ii)apply for an operating permit consistent with Subsection A of 20.11.42.12 NMAC

. (b) The department may, in the general permit, provide for applications which deviate from the requirements of Paragraph (4), of Subsection A of 20.11.42.12 NMAC, provided that such applications meet the requirements of the federal act and include all information necessary to determine qualification for, and to assure compliance with, the general permit. The department shallreview the application for authorization to operate under a general permit for completeness within 30 days after its receipt of the application. (c) The depa rtment shall authorize qualifying sources which apply for coverage under the general permit to operate under the terms and conditions of the general permit. The department shall take final action on a general permit authorization request within 90 days of deeming the application complete. (d) The depa rtment may grant a request for authorization to operate under a general permit without repeating the public participation procedures required under Subsection B of 20.11.42.13 NMAC. Such an authorization shall not be a permitting action for purposes of administrative review under the joint air quality control board ordinances pursuant to the New Mexico Air Quality Control Act Section 74-2-7.H NMSA 1978. (e) Authorization to operate under a general permit shall not be granted for acid rain sources unless provided for in regulations promulgated under Title IV of the federal act. (f) The permittee shall be subject to enforcement action for operation without an operating permit if the source is later determined not to qualify for the conditions and terms of the general permit. E. Emergency provision: (1) An “emergency” means any situation arising from sudden and reasonably unforeseeable events beyond the control of the permittee, including acts of God,which situation requires immediate corrective action to restore normal operation, and that causes the source to exceed a technology-based emission limitation under the permit due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include noncompliance to the extent caused by improperly designed equipment, lack of preventive maintenance, or careless or improper operation. (2) An emergency constitutes an affirmative defense to an action brought for noncompliance with such technology-based emission limitations if the permittee has demonstrated through properly signed, contemporaneous operating logs, or other relevant evidence that: (a) an emergency occurred and that the permittee can identify the cause(s) of the emergency; (b) the permitted facility was at the time being properly operated;

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20.11.42 NMAC 13 (c) during theperiod of the emergency the permittee took all reasonable steps to minimize levels of emissions that exceeded the emission standards or other requirements in the permit; and (d) the permittee fulfilled notification requirements under Subparagraph (b), of Paragraph (5), of Subsection C of 20.11.42.12 NMAC; this notice must contain a description of the emergency, any steps taken to mitigate emissions, and corrective actions taken. (3) In any enforcement proceeding, the permittee seeking to establish the occurrence of an emergency has the burden of proof. (4) This provision is in addition to any emergency or upset provision contained in any applicable requirement, except that 20.11.42 NMAC sources shall notbe subject to the provisions of 20.11.90.12 NMAC for permit terms and conditions issued under 20.11.42 NMAC. [3/1/94. . .12/1/95; 20.11.42.12 NMAC - Rn, 20 NMAC 11.42.I.12 & Repealed, 10/1/02; Rn, 20 NMAC 11.42.II.1, 10/1/02; A, 8/10/09; A, 1/10/11]

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20.11.61 NMAC 1 This is an amendment to 20.11.61 NMAC, Sections 6, 7, 11, 12, 20 and 27, effective 1/10/11.

20.11.61.6 OBJECTIVE:[The objective of 20.11.61 NMAC 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. [20.11.61.6 NMAC - Rp, 20.11.61.6 NMAC, 1/23/06; A, 1/10/11]

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 ofa regulated new source review 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 [UU]VVof 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 51.301Definitions

. E. “Air quality related values (AQRV)”means visibility and other scenic, cultural, physical, biological, ecological, or recreational resources which may beaffected by a change in air quality resulting from the emissions of a proposed major stationary source or major modification that interferes with the management, protection, preservation, or enjoyment of the air quality related values 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 stateimplementation plan emissions limitation, including those with a future compliance date; or (3) the emissions rate specified as a federally enforceable perm it 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 and/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 toinclude the building of new public transportation facilities

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20.11.61 NMAC 2 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 national ambient air quality standard 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 new source review 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 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 averagerate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. (b) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period. (c) For a regulated new source review pollutant, whena project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period can be used for each regulated new source review pollutant. (d) The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by Subparagraph (b) of Paragraph (1) of Subsection I of 20.11.61.7 NMAC. (2) For an existing emissions unit (other than an electric utility steam generating unit), baseline act ual 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 averagerate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. (b) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period. (c) The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply, had such major stationary source been required to comply with such limitations during the consecutive 24-month period. However, if an emission limitation is part of a maximum achievable control technology standard that the administrator proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted if the state has taken credit for such emissions reductions in an attainment demonstration or maintenance plan consistent with the requirements of 40 CFR 51.165(a)(3)(ii)(G). (d) For a regulated new source review pollutant, whena project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period can be used for each regulated new source review pollutant. (e) The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by Subparagraphs (b) and (c) of Paragraph (2) of 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

### New Mexico Register / Volume XXI, Number 24 / December 30, 2010

20.11.61 NMAC 3 (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) (D) or (E) 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 equal to or greater than one microgram per cubic meter (1 μg/m3

### ) (annual average) of the pollutant for which the minor source baseline date is established. (2) Area redesignations under Section 107(d)(1) (D) or (E) 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 subjectto 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 suspendedparticulates (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 [LL]MMof 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 allowa ble 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 em issions 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 new source review 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 ofan emissions standard infeasible, a design, equipment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the application of best available control technology. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice, or operation, and shall provide for compliance by means which achieve equivalent results. N. “Building, structure, facility, or installation”means all of the pollutant emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are underthe control of the same person (or persons under common control) except the activities of any vessel. Pollutantemitting activities shall be considered as part of the same industrial grouping if they belong to the same “major group” (i.e., which have the same first two-digit code) asdescribed in the standard industrial classification (SIC) manual, 1972, as amended by the 1977 supplement (U. S. government printing office stock numbers 4101-0066 and 003-005-00176-0, respectively) or any superseding SIC manual.

### New Mexico Register / Volume XXI, Number 24 / December 30, 2010

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

### or CO2

### concentrations), and to record average operational parameter value(s) on a continuous basis. V. “Department”means the city of Albuquerque, environmental health department or its successor agency. W. “Director”means the director of the city of Albuquerque, environmental health department or the director of its successor agency. X. “Electric utility steam generating unit”means any steam electric generating unit that is constructed for the purpose of supplying more than one-third of its potential electric output capacity and more than 25 megawatts electrical output to anyutility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose of providing steam toa steam-electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity of the affected facility. Y. “Emissions unit”means any part of a stationary source that emits or would have the potential to emit any regulated new source review 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 unitis 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.

### New Mexico Register / Volume XXI, Number 24 / December 30, 2010

20.11.61 NMAC 5 [CC.] DD.“High terrain”means any area having an elevation 900feet or more above the base of a source's stack. [DD.] 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. [EE.] 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. [FF.] GG.“Low terrain”means any area other than high terrain. [GG.] 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 inpractice 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. [HH.] 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 ofa regulated new source reviewpollutant; and a significant net emissions increase of that pollutant from the major stationary source. (2) Any significant emissionsincrease from any emissions units ornet 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 reasonof 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 wouldbe 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 national ambient air q uality standards during the project and after it is terminated; (i) the installation or operation of a permanent cleancoal technology demonstration project that constitutes repowering, provided that the project does not result in an increase in the potential to emit of any regulated new source review pollutant emitted by the unit; this exemption shall apply on a pollutant-by-pollutant basis; or (j) thereactivation of a very clean coal-fired electric utility steam generating unit.

### New Mexico Register / Volume XXI, Number 24 / December 30, 2010

20.11.61 NMAC 6 (4) This definition shall not apply with respect to a particularregulated new source review 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. [II.] JJ.“Major source baseline date”means: (1) in the case of particulate matter and sulfur dioxide, January 6, 1975; and (2) in the case of nitrogen dioxide, February 8, 1988. [JJ.] 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 new source review pollutant; (b) notwithstanding the stationary source categories specified in Subparagraph (a) of Paragra ph (1) of Subsection [JJ] KKof 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 new source review pollutant; or (c) any physical change that would occur at a stationary source not otherwise qualifying under Subsection [JJ] KKof 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 ofa stationary source shall not be included in determining whether it is a major stationary source, unless the source belongs to oneof 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. [KK.] LL.“Mandatory federal class I area”means any area identified in 40 CFR Part 81, Subpart D. [LL.] 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 20.11.61 NMAC, submits a complete application. (1) The trigger dates are: (a)August 7, 1977, for particulate matter and sulfur dioxide; and (b) February 8, 1988 for nitrogen dioxide. (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)(i)(D) or (E) of the federal act for the pollutant on the date of its complete application under 40 CFR 52.21 or 20.11.61 NMAC; 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. [MM.] NN.“Natural conditions”includes naturally occurring phenomena that reduce visibility as measured in terms of visual range, contrast or coloration. [NN.] 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. [OO.] PP.“Net emissions increase” (1) Means, that with respect to any regulated new source review pollutant emitted by a major stationary source, the amount by which the sum of the following exceeds zero: (a) the increasein 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 otherincreases and decreases in actual emissionsat 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

### New Mexico Register / Volume XXI, Number 24 / December 30, 2010

20.11.61 NMAC 7 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 depa rtment has not relied on it in issuing a permit for the source under regulations approved pursuant to 20.11.61 NMAC, which permit is in effect when the increase in actual emissions from the particular change occurs. (4) An increase or decreasein 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 em issions 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 onthe 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 beginsto 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. [PP.] QQ.“Nonattainment area”means an area which has been designated under Section 107 of the act as nonattainment for one or more of the national ambient air quality standards by EPA. [QQ.] RR.“Portable stationary source”means a source which can be relocated to another operating site with limited dismantling and reassembly. [RR.] SS.“Potential to emit”means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Anyphysical 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. [SS.] 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 (f or example, lb/hr) on a continuous basis. [TT.] UU.“Project”means a physical change in, or change in method of operation of, an existing major stationary source. [UU.] VV.“Projected actual emissions” (1) Means the maximum annualrate, in tons per year, at which an existing emissions unit is projected to emit a regulated new source review pollutant in any one of the 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 new source review pollutant, and full utilization of the unit would result in a significant emissions increase, or a significant net emissions increase at the major stationary source. (2) In determining the projected actual emissions (before beginning actual construction), the owner or operator of the major stationary source:

### New Mexico Register / Volume XXI, Number 24 / December 30, 2010

20.11.61 NMAC 8 (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 withthe state or federal regulatory authorities, and compliance plans under an approved SIP; and (b) shall include fugitive emissions to the extent quantifiable and emissions associated with startups, shutdowns, and malfunctions; and (c) shall exclude, in calculating any increase in emissions that results from the particular project, that portion ofthe unit's emissions followingthe 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) may elect to use the emissions unit's potential to emit in tons per year in lieu of using the method set out in Subparagraphs (a)-(c) of Paragraph (2) of Subsection [UU]VVof 20.11.61.7 NMAC. [VV.] WW.“Regulated new source review pollutant” means the following: (1) any pollutant for which a national ambient air quality standard has been promulgated and any pollutant identified under Paragraph (1) of Subsection [VV] WWof [20.11.61] 20.11.61.7NMAC as a constituent or precursor to such pollutant; precursors identified by the administrator for purposes of new source review are the following: (a) volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and unclassifiable areas; (b) sulfur dioxide is a precursor to PM2.5

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

### in all attainment and unclassifiable areas, unless the state demonstrates tothe 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; (d) volatile organic compounds are presumed not to be precursors to PM2.5

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

### concentrations; (2) any pollutant that is subject to any standard promulgated under Section 111 of the act; (3) any class I or II substance subject to a standard promulgated under or established by Title VI of the act; (4) any pollutant that otherwise is “subject to regulation” under the act as defined in Subsection CCC of 20.11.61.7 NMAC; [except that any or all hazardous air pollutants either listed in Section 112 of the act or added to the list pursuant to Section 112(b)(2) of the act, which have not been delisted pursuant to Section 112(b)(3) of the act, are not regulated new source review pollutants unless the listedhazardous air pollutant is also regulated as a constituent or precursor of a general pollutant listed under Section 108 of the act

.] (5) [Reserved] 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 airpollutants 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 formparticulate matter at ambient temperatures; on or after January 1, 2011 (or any earlier date established in the upcoming rulemaking codifying test methods), such condensable particulate matter shall be accounted for in a pplicability determinations and in establishing emissions limitations for PM, PM2.5

### and PM10

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

### and PM10 

### issued prior to this date shall not be based on condensable particulate matter unless required by the terms and conditions of the permit or the applicable implementation plan; applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation of 20.11.61 NMAC unless the applicable implementation plan required condensable particulate matter to be included. [WW.] 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 theplace of an existing emissions unit.

### New Mexico Register / Volume XXI, Number 24 / December 30, 2010

20.11.61 NMAC 9 (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 emissionsunit is permanently removed from themajor stationary source, otherwise permanently disabled, or permanently barred from operation bya 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. [XX

.] 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 20.11.61 NMAC, 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. [YY.] 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 new source review pollutant that Paragraph (1) of Subsection [YY] ZZof 20.11.61.7 NMAC, does not list, any emissions rate; and (3)notwithstanding Paragraph (1) of Subsection [YY] ZZof 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). [ZZ.] AAA.“Significant emissions increase”means, for a regulated new source review pollutant, an increase in emissions that is significant for that pollutant. [AAA

.] BBB.“Stationary source”means any building, structure, facility, or installation which emits, or may emit, any regulated new source review 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. (2) For purposes of Paragraphs (3) through (5) of Subsection CCC of 20.11.61.7 NMAC, the term “tpy CO2

### equivalent emissions (CO2

### e)” shall represent an amount of GHGs emitted, and shall be computed as follows: (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; (b) sum the resultant value from Subparagraph (a) of Paragraph (2) of Subsection CCC of 20.11.61.7 NMAC for each gas to compute a tpy CO2

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

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

### e instead of applying the value in Table 2 of 20.11.61.27 NMAC. (4) Beginning January 2, 2011, the pollutant GHGs is subject to regulation if: (a) the stationary source is a new major stationary source for a regulated NSR pollutant thatis 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 CO2

### e or more; and,

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20.11.61 NMAC 10 (5) beginning July 1, 2011, in addition to the provisions in Paragraph (4) of Subsection CCC of 20.11.61.7 NMAC, the pollutant GHGs shall also be subject to regulation: (a) at a new stationary source that will emit or have the potential to emit 100,000 tpy CO2

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

### e, when such stationary source undertakes a physical change or change in the method of operation that will result in an emissions increase of 75,000 tpy CO2

### e or more. [BBB] 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. [CCC] EEE. “Visibility impairment”means any humanly perceptible change in visibility (visual range, contrast, coloration) from that which would have existed under natural conditions. [DDD] 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]

20.11.61.11 APPLICABILITY: A.The requirements of 20.11.61 NMAC apply to the construction of any new major stationary source or any project at an existing major stationary sourcein an area designated as attainment or unclassifiable. B.The requirements of Sections 20.11.61.12 NMAC 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 of 20.11.61.12 NMAC, Sections 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 [Subsections E and F] Subsection Eof 20.11.61.11 NMAC, and consistent with the definition of major modification, a project is a major modification for a regulated new source review pollutant if it causes a significant emissions increaseand 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 (4) 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 [OO] PPof 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 new source review pollutant is projected to occur if the sum of the difference between the projected actual emissions andthe 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 new source review pollutant is projected to occur if the sum of the difference between the potential to emit from each new emissions unit following completion of the project and the baseline actual emissions of these units before theproject 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 new source review 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 withrespect 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 new source review pollutant, the major stationary source shall comply with requirements under 20.11.61.20 NMAC.

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20.11.61 NMAC 11 [20.11.61.11 NMAC - N, 1/23/06; A, 8/30/10; A, 1/10/11]

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 18-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. 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 Subparagraph (b) of Paragraph (6) of Subsection E of 20.11.61.12 NMAC the following specific provisions apply with respect to any regulated new source review pollutant emitted from projects at existing emissions units at a major stationarysource (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 (1) through (3) of Subsection [UU] VVof 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 of the emissions unit(s) whose emissions of a regulated new source review pollutant could be affected by the project; and (c) a description of the applicability test used to determine that the project is not a major modification for any regulated new source review pollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under Paragraph (3) of Subsection [UU]VVof 20.11.61.7 NMAC and an explanation for why such amount was excluded, and any netting calculations, if applicable. (2) If the emissions unitis an existing electric utility steam generating unit, before beginning actual construction, the owner or operator shall provide a copy of the information set out in Paragraph (1) of Subsection E of 20.11.61.12 NMAC to the department. Nothing in Paragraph (2) of Subsection E of 20.11.61.12 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 new source review pollutant that could increase as a result of the project and that is emitted by any emissions unit identified in Subparagraph (b) of Paragraph (1) of 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 10 years following resumption of regular operations after the change if the project increases the design capacityor potential to emit of that regulated new source review 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 subm it 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 of 20.11.61.12 NMAC setting out the unit's annual emissions during the calendar year that preceded submission of the report.

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20.11.61 NMAC 12 (5) If the unit is an existing unit other than an electric utility steam generating unit, the owner or operator shall submit a report to the department if the annual emissions, in tons per year, from the project identified in Paragraph (1) of 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 new source review pollutant, and if such emissions differ from the preconstruction projection as documented and maintained pursuant to Subparagraph (c) of Paragraph (1) of 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 shall contain the following: (a) the name, address and telephone number of the major stationary source; (b) the annual emissions as calculated pursuant to Paragraph (3) of 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: (a) a projected actual emissions increase of at least 50 percent of the amount that is a ‘‘significant emissions increase,’’ as defined under Subsection [ZZ] AAAof 20.11.61.7 NMAC (without reference to the amount that is a significant net emissions increase), for the regulated new source review pollutant; or (b) a projected actual emissions increase that, added to the amount of emissions excluded under Paragraph (3) of Subsection [UU] VVof 20.11.61.7 NMAC, sums to at least 50 percent of the amount that is a “significant emissions increase,” as defined under Subsection [ZZ] AAAof 20.11.61.7 NMAC (without reference to the amount that is a significant net emissions increase), for the regulated new source review 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, 1/23/06; A, 8/30/10; A, 1/10/11]

20.11.61.20 ACTUALS PLANTWIDEAPPLICABILITY LIMITS (PALs) A. Applicability. (1) The department may approve the use of an actuals PAL for any existing major stationary source if the PAL meets the requirements of 20.11.61.20 NMAC. The term “PAL” shall mean “actuals PAL” throughout 20.11.61.20 NMAC. (2) Any physical change inor change in the method of operation of a major stationary source that maintains its total source-wide emissions below the PAL level, meets the requirements of 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; and (c) is not subject to the provisions in Subsection D of 20.11.61.12 NMAC (restrictions on relaxing enforceable emission limitations that the major stationary source used to avoid applicability of the major new source review program). (3) Except as providedunder Subparagraph (c) of Paragraph (2) of Subsection A of 20.11.61.20 NMAC, a major stationary source shall continue to complywith all applicable federal or state requirements, emission limitations, and work practice requirements that wereestablished prior to the effective date of the PAL. B. Definitions applicable to 20.11.61.20 NMAC. (1)Actuals PAL for a major stationary sourcemeans a PAL based on the baseline actual emissions of all emissions units at the source that emit or have the potential to emit the PAL pollutant. (2)Allowable emissionsmeans “allowable emissions” as defined in Subsection F of 20.11.61.7 NMAC, except as this definition is modified in accordance with the following. (a) The allowable emissions for any emissions unit shall be calculated considering any emission limitations that are enforceable as a practicalmatter on the emissions unit's potential to emit.

### New Mexico Register / Volume XXI, Number 24 / December 30, 2010

20.11.61 NMAC 13 (b) An emissions unit's potential to emit shall be determined using the definition in Subsection [RR] SSof 20.11.61.7 NMAC, except that the words “or enforceable as a practical matter” should be added after “federally enforceable”. (3) Small emissions unit means an emissions unit that emits or has the potential to emit the PAL pollutant in an amount less than the significant level for that PAL pollutant, as defined in Subsection [YY] ZZof 20.11.61.7 NMAC or in the act, whichever is lower. (4) Major emissions unit means: (a) Any emissionsunit that emits or has the potential to emit 100 tons per year or more of t he PAL pollutant in an attainment area; or (b) any emissions unit that emits or has the potential to emit the PAL pollutant in an amount that is equal to or greater than the major source threshold for the PAL pollutant as defined by the act for nonattainment areas. For example, in accordance with the definition of major stationary source in Section 182(c) of the act, an emissions unit would be a major emissions unit for VOC if the emissions unit is located in a serious ozone nonattainment area and it emits or has the potential to emit 50 or more tons of VOC per year. (5) Plantwide applicability limitation (PAL)means an emission limitation expressed in tons-peryear, for a pollutant at a major stationa ry source that is enforceable as a practical matter and established source-wide in accordance with 20.11.61.20 NMAC. (6) PAL effective dategenerally 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 modificationmeans, notwithstanding the definitions for major modification and net emissions increase in 20.11.61.7 NMAC, any physical change in or change in the method of operation of the PAL source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL. (9) PAL permitmeans the major new source review permit, the minor new source review permit, or the state operating permit under a program that is approved into the SIP, or the title V permit issued by the department that establishes a PAL for a major stationary source. (10) PAL pollutant means the pollutant for which a PAL is established at a major stationary source. (11) Significant emissions unitmeans 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 [YY] ZZof 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 of 20.11.61.20 NMAC. C. Permit application requirements.As part of a permit application requesting a PAL, the owner or operator of a major stationary source shall submit the following information to the department for approval. (1) A list of all emissions unitsat the source designated as small,significant or major based on their potential to emit. In addition, the owner or operator ofthe source shall indicate which, 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 proceduresthat 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. D. General requirements for establishing PALs. (1) The department may establish a PAL at a major stationary source, provided that at a minimum, the following requirements are met. (a) The PAL shall impose an annual emission limitation in tons per year that is enforceable as a practical matter for the entire major stationary source. For each month during the PAL effective period after the first 12 months of establishing a PAL, the major stationary source owner or operator shall show that the sum of the monthly emissions from each emissions unit under the PAL for the previous 12 consecutive months is less than the PAL (a 12-month average, rolled monthly). For each month during the first 11 months from the PAL effective date, the major stationary source owner or operator shall show that the sum of the preceding monthly emissions from the PAL effective date for each emissions unit under the PAL is less than the PAL. (b) The PAL shall be established in a PAL permit that meets the public participation requirements in Subsection E of 20.11.61.20 NMAC.

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20.11.61 NMAC 14 (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. (e)Each PAL shall regulate emissions of only one pollutant. (f)Each PAL shall have a PAL effective period of 10 years. (g) The owner or operator of the major stationary source with a PAL shall comply with the monitoring, recordkeeping, and reporting requirements provided in Subsections L through N of 20.11.61.20 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 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 inParagraph (2) of Subsection F of 20.11.61.20 NMAC, the actuals PAL level for a major stationary source shall be established as the sum of the baseline actual emissions 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 [YY] ZZof 20.11.61.7 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 associatedwith 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 ofprior to issuance of the PAL permit. For instance, if the source owner or operator will be required to reduce emissions from industrial boilers inhalf 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. G. Contents of the PAL permit.The PAL permit shall contain, at a minimum, the following information. (1) The PAL pollutant and the applicable source-wide emission limitation in tons per year. (2) The PAL permit effective date and the expiration date of the PAL (PAL effective period). (3) Specification in the PALpermit that if a major stationary source owner or operator applies to renew a PAL in accordance with Subsection J of 20.11.61.20 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 compliancepurposes include emissions from startups, shutdowns and malfunctions. (5) A requirement that, once the PAL expires, the major stationary source is subject to the requirements of Subsection I of 20.11.61.20 NMAC. (6) The calculation proceduresthat the major stationary source owner or operator shall use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total for each month as required by Paragraph (1) of Subsection C of 20.11.61.20 NMAC. (7) A requirement that themajor stationary source owner or operator monitor all emissions units in accordance with the provisions under Subsection M of 20.11.61.20 NMAC. (8) A requirement to retain the records required under Subsection M of 20.11.61.20 NMAC on site. Such records may be retainedin an electronic format. (9) A requirement to submit the reports required under Subsection N of 20.11.61.20 NMAC by the required deadlines.

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20.11.61 NMAC 15 (10) Any other requirements that the department deems necessaryto implement and enforce the PAL. H. PAL effective period and reopening of the PAL permit. (1) PAL effective period.The PAL effective period shall be 10 years. (2) Reopening of the PAL permit. (a) During the PAL effective period, the department shall reopen the PAL permit to: correct typographical/calculation errors made in setting the PAL or reflect a moreaccurate determination of emissions used to establish the PAL; reduce the PAL if the owner or operator of the major stationarysource creates creditable emissions reductions for use as offsets under 40 CFR 51.165(a)(3)(ii); and revise the PAL to reflect an increase in the PAL as provided under Paragraph Subsection K of 20.11.61.20 NMAC. (b) The department may reopen the PAL permit for the following: to reduce the PAL to reflect newly applicable federal requirements (for example, NSPS) with compliance dates after the PAL effective date; to reduce the PAL consistent with any other requirement, that is enforceable as a practical matter, and that the department may impose on the major stationary source under the plan; and 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 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 of 20.11.61.20 NMAC. I. Expiration of a PAL.Any PAL that is not renewed in accordance with the procedures in Subsection J of 20.11.61.20 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. (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 (1) 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 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 ma jor stationary source among each of the emissions units that existed under the PAL. If the PAL had not yet been adjusted for an applicable requirement that became effective during the PAL effective period, as required under Paragraph (5) of Subsection J of 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 of 20.11.61.20 NMAC, the source shall continue to comply with a source-wide, multi-unit em issions cap equivalent to the level of the PAL emission limitation. (4) Any physical change or change in the method of operation at the major stationary source will be subject to major new source review requirements if suchchange meets the definition of major modification in Subsection [HH] IIof 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 duringthe PAL effective period or prior to the PAL effective period except for those emission limitations that had been established pursuant to Subsection D of 20.11.61.12 NMAC, but were eliminated by the PAL inaccordance with the provisions in Subparagraph (c) of Paragraph (2) of Subsection A of 20.11.61.20 NMAC. J. Renewal of a PAL. (1) The department shall follow the procedures specified in Subsection E of 20.11.61.20 NMAC in approving any request to renew a PAL for a major stationary source, and shall provide both the proposed PAL level and a written rationale for the proposed PAL level to thepublic for review and comment. During such public review, any person may propose a PAL level for the source for consideration by the department.

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20.11.61 NMAC 16 (2)Application deadline.A major stationary source owner or operator shall submit a timely application to the department to request renewal of a PAL. A timely application is one that is submitted at least 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 submits a complete application to renew the PAL within this time period, then the PAL shall continue to be effective until the revised permit with the renewed PAL is issued. (3)Application requirements.The application to renew a PAL permit shall contain the following information. (a)The information required in Subsection C of 20.11.61.20 NMAC. (b) A proposed PAL level. (c) The sum of the potential to emit of all emissions units under the PAL, with supporting documentation. (d) Any other information the owner or operator wishes the department to consider in determining the appropriate level for renewing the PAL. (4) PAL adjustment.In determining whether and how to adjust the PAL, the department shall consider the options outlined in Subparagraphs (a) and (b) of Paragraph (4) Subsection J of 20.11.61.20 NMAC. However, in no case may any such adjustment fail to comply with Subparagraph (c) of Paragraph 4 of Subsection J of 20.11.61.20 NMAC. (a) If the emissions level calculated in accordance withSubsection 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 forth 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 tobe appropriate considering air quality needs, advances in control technology, anticipated economic growth in the area, desire to reward or encourage the source's voluntary emissions reductions, or other factors as specifically identified by the department in its written rationale. (c) Notwithstanding Subparagraphs (a) and (b) of Paragraph (4) of Subsection J of 20.11.61.20 NMAC: if the potential to emit of the major stationary source is less than the PAL, the department shall adjust the PAL to a level no greater than the potential to emit of the source; and the department shall not approve a renewed PAL level higher than the current PAL, unless the major stationary source has complied with the provisions of Subsection K of 20.11.61.20 NMAC. (5) If the compliance date for a state or federal requirement that applies to the PAL source occurs during the PAL effective period, and if the department has not already adjusted for such requirement, the PAL shall be adjusted at the time of PAL permit renewal or Title V permit renewal, whichever occurs first. K. Increasing a PAL during the PAL effective period. (1) The department may increase a PAL emission limitation only if the major stationary source complies with the following provisions. (a) The owner oroperator of the major stationary source shall submit a complete applicationto request an increase in the PAL limit for a PAL major modification. Such application shall identify the emissions unit(s) contributing to the increase in emissions so as to cause the major stationary source's emissions to equal or exceed its PAL. (b) As part of this application, the major stationary source owner or operator shall demonstrate that the sum of the baseline actual emissions of the small emissions units, plus the sum of the baseline actual emissions of the significant and major emissions units assuming application of BACT equivalent controls, plus the sum of the allowable emissions of the new or modified emissions unit(s), exceedsthe 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 thatwas established within the preceding 10 years. In such a case, the assumed control level for that emissions unit shall be equal to the level of BACT or LAER with which that emissions unit must currently comply. (c) The owner or operator obtains a major new source review permit for all emissions unit(s) identified in Subparagraph (a) of Paragraph (1) of Subsection B of 20.11.61.20 NMAC, regardless of the magnitude of the emissions increase resulting from them, that is, nosignificant levels apply. These emissions unit(s) shall comply with any emissions requirements resulting from the major new source review process, for example, BACT, even though they have also become subject to the PAL or continue to be subject to the PAL. (d) The PAL permit shall require that the increased PAL level shall be effective on the day any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant.

### New Mexico Register / Volume XXI, Number 24 / December 30, 2010

20.11.61 NMAC 17 (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 berevised to reflect the increased PAL level pursuant to the public notice requirements of Subsection E of 20.11.61.20 NMAC. L. Monitoring requirements for PALs. (1) General requirements. (a) Each PALpermit must contain enforceable requirements for the monitoring system that accurately determines plantwide emissionsof the PAL pollutant in terms of mass per unit of time. Any monitoring system authorized for use in the PAL permit must bebased on sound science and meet generally acceptable scientific procedures for data quality and manipulation.Additionally, the information generated by such system must meet minimum legal requirements for admissibility in a judicial proceeding to enforce the PAL permit. (b) The PAL monitoring system must employ one or more of the four general monitoring approaches meeting the minimum requirements set forth in Paragraph (2) of 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) Failureto 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 of 20.11.61.20 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 orsolvents 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 emissionsunit, if it cannot otherwise be accounted for in the process; and (c) where the vendor of a material or fuel, which is used in or at the emissions unit, publishes a range of pollutant content from such material, the owner or operator must use the highest value of the range to calculate the PAL pollutant emissions unless the department determines there is site-specific data or a site-specific monitoring program to support another content within the range. (4) CEMS.An owner or operator using CEMS to monitor PAL pollutant emissions shall meet the following requirements: (a) CEMS must comply with applicable performance specifications found in 40 CFR part 60, Appendix B; and (b) CEMS must sample, analyze, and record data at least every 15 minutes while the emissions unit is operating. (5) CPMS or PEMS.An owner or operator using CPMS or PEMS to monitor PAL pollutant emissions shall meet the following requirements: (a) the CPMS or the PEMS must be based on current site-specific data demonstrating a correlation between the monitored parameter(s) and the PALpollutant emissions across the range of operation of the emissions unit; and (b) each CPMS orPEMS 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:

### New Mexico Register / Volume XXI, Number 24 / December 30, 2010

20.11.61 NMAC 18 (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. (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) determine that operation of the emissions unit during operating conditions when there isno correlation between monitored parameter(s) and the PAL pollutant emissions is a violation of the PAL. (9) Revalidation.All data used to establish the PAL pollutant must be revalidated through performance testing or other scientifically valid means approved by the department. Such testing must occur at least once every 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-mont h 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 ofthe 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 prom pt deviation reports tothe department in accordance with 20.11.42 NMAC, Operating Permits. The reports shall meet the following requirements. (1) Semi-annual report.The semi-annual report shall be submitted to the department within 30 days of the end of each reporting period. Thisreport shall contain the following information. (a)The identification of owner and operator and the permit number. (b) Total annual emissions (tons/year) based on a 12-month rolling total for each month in the reporting period recorded pursuant to Paragraph (1) of Subsection M of 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 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. (f) A notif ication of a shutdown of any monitoring system, whether the shutdown was permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully operational or replaced with another monitoring system, and whether the emissions unit monitored by the monitoring system continued to operate, and the calculation of the emissions of the pollutant or the number determined by method included in the permit, as provided by Paragraph (7) of Subsection L of 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 informationprovided in the report. (2) Deviation report.The major stationary source owner or operator shall promptly submit reports of any deviations or exceedance of the PAL requirements, including periods where no monitoring is available. A report submitted pursuant to 40 CFR 70.6(a)(3)(iii)(B) shall satisfy this reporting requirement. The deviation reports

### New Mexico Register / Volume XXI, Number 24 / December 30, 2010

20.11.61 NMAC 19 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 informationprovided in the report. (3) Revalidation results.The owner or operator shall submit to the department the results of any revalidation test or method within three months after completion of such test or method. O. Transition requirements. (1) The department may not issue a PAL that does not comply with the requirements of Subsections A through O of 20.11.61.20 NMAC after the administ rator has approved regulations incorporating these requirements into the SIP. (2) The department may supersede any PAL which was established prior to the date of approval of the SIP by the administrator with a PAL that complies with the requirements of 20.11.61.20 NMAC. [20.11.61.20 NMAC - N, 1/23/06; A, 8/30/10; A, 1/10/11]

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 dibenzo-p-dioxins and dibenzofurans) 0.0000035 (0.0000032 megagrams/yr)
Municipal solid waste landfill emissions (measured as NMOC) 50 (45 megagrams/year) Nitrogen oxides 40 Ozone 40 VOC or NOx Particulate Matter: Particulate matter emissions 25 PM10

### emissions 15 PM2.5

### emissions 10 tpy of direct PM 2.5

### emissions; 40 tpy of sulfur dioxide emissions; 40 tpy of nitrogen oxide emissions unless demonstrated not to be a PM 2.5 

### precursor under Subsection [VV] WW of 20.11.61.7 NMAC
Sulfur compounds Hydrogen sulfide (H2

### S) 10 Reduced sulfur compounds (incl. H2

### S) 10 Sulfur dioxide 40 Sulfuric acid mist 7 Total reduced sulfur (incl. H2

### S) 10 Any other regulated new source review pollutant that is not listed in this table Any emission rate

### New Mexico Register / Volume XXI, Number 24 / December 30, 2010

20.11.61 NMAC 20

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, 1/10/11]

# ATTACHMENT D

AttachmentD is a copy of theNotice of Intent to testifY, including exhibits,filed on November 19, 

### 1010 and exhibit(s)filedon December8,1010.

# Attachment D is in a separate document.

# ATTACHMENT E

AttachmentE is a copy of the Hearing Record TranscriptsforDecember8,2010

### AQCB HEARING, 

### 12/8/10

17

19 16

18

24 12

12 12

12 12 12

12 12 12 12

12 MARKED/ADMITTED EXHIBITS

5. Direct Testimony AQD EXHIBIT:

1. Petition to Amend 3

1a/b/e. Public Review orafts 5 2a/b/e. Notices of proposed Rulemaking 6 3a/b/c. EPA correspondence 7 4. Public Conments 4

9 8 2 1

8. Comments on proposed Tailoring Rule 12 Amendments to NMAC 20.11.1, 20.11.42. and 20.11.61 7. Staff proposed Floor Amendments 6. Draft Agenda

15 10. Additional Staff proposed Floor Amendments 9. EPA proposed Floor Amendments 11 10

13

14

11. Technical Support Document for Greenhouse 16 Gas Emissions Thresholds Evaluation 17 18 19 20 21 22 23 24 25 I BEFORE THE ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARa AQCB Petition No. 2010-4

Air Quality Division, 9 Environmental Health Department, City of Albuquerque, Petitioner IN THE MATTER OF THE PETITION TO AMEND 20.11.61 NMAC, 4 PREVENTION OF SIGNIFICANT DETERIORATION; 20.11.42 NMAC. OPERATING PERMITS; ANa 20.11.1 NMAC, GENERAL 5 PROVISIONS; THE AMENDMENTS TO 20.11.42 NMAC ARE PROPOSED AS A REVISION TO THE TITLE V OPERATING PERMIT 6 PROGRAM, AND THE AMENDMENTS TO 20.11.61 NMAC AND 20.11.1 NMAC ARE PROPOSED AS A REVISION TO THE NEW 7 MEXICO STATE IMPLEMENTATION PLAN FOR AIR QUALITY (SIP). 8 1

2 3

BE IT REMEMBERED that on the 8th day of
December, 2010, this matter came on for hearing before

BILL GRANTHAM, Hearing Officer, at the vincent E.

Albuquerque, New Mexico, at the hour of 7:10 p.m. Griego Chambers of the Albuquerque-Bernalillo county

Government Center, one Civic Plaza, Northwest, 20 10 11 12 HEARING AND MEETING BEFORE AIR QUALITY CONTROL BOARO 13 14 15

21 22 23 24 25
2

1 APPEARANCES 2 For the Albuquerque-Bernalillo county Air Quality Control Board: 1 4 MR. GRANTHAM: Okay. Good evening once

7

10

8

9 2 again. I'll call our second hearing of the night to 3 order. This is a hearing in the matter of petition to 4 Amend 20.11.61 NMAC. Prevention of Significant
5 Deterioration, 20.11.42 NMAC, Operating Permits, and
6 20.11.1 NMAC, General provisions. collectively, these
7 changes are to implement EPA'S rule known as the 8 Tailoring Rule.
9 This public hearing is being held on December
10 8th. 2010, in the vincent E. Griego Chambers of the
11 Albuquerque-Bernalillo county Government center in
12 Albuquerque, New Mexico. The time is now 7:10 p.m. 13 Again, I am Bill Grantham, and I am counsel 14 to the Board and acting as Hearing Officer to the Board 15 in this matter. I am not a member of the Board. 16 Members of the Board present are Mr. George castillo,
17 chairman George

-- Jens Deichmann, Dr. Margaret 18 Menache, Mr. Art Sharpe, Mr. Jack sullivan, Dr. DOna 19 Upson, and Mr. Gus Grace.
20 Once again, we will begin this hearing with 21 the testimony of the proponent, the Air Quality
22 Division of the Albuquerque Environmental Health 23 Department. And no other parties have entered an 24 appearance in this hearing. 25 If you wish to testify and have not signed up 6 4

29 12 PAGE

NEAL BUTT, ISREAL TAVAREZ Direct Testimony NEAL BUTT INDEX opening Remarks by Mr. Grantham

Examination by the Board Monthly Meeting MR. JENS DEICHMANN, chairman 4 DR. MARGARET MENACHE, county MR. ART SHARPE, City 5 MR. GEORGE CASTILLO, BCPC Liaison MR. JACK SULLIVAN, City 6 MR. AUGUSTINE GRACE III, PE, City DR. DONA UPSON, City

For the city of Albuquerque: 3

HEARING OFFICER:
MR. BILL GRANTHAM

25 20
21 17 18

19

22

23

24 MS. ADELIA W. KEARNY 11 DEPUTY CITY ATTORNEy One Civic plaza, NW 12 Albuquerque, NM 87102 (505) 768-4530 13 akearnylkabq

.gov 14 For the Environmental Health Department: 15 MR. NEAL BUTT Environmental Health Department 16 One civic plaza, NW Albuquerque, NM 87102



### KATHY TOWNSEND COURT REPORTERS 505-243-5018

### AQCB HEARING, 

### 1218/10

5 1 

### for this, please sign up at this point with Ms. wright,

2 who is at the front of the room at the table here. Can 3 I ask if anyone in the audience plans on giving
4 testimony or asking

-- well, you don't have to say at 5 this point whether you want to ask questions, but to
6 make public comment in this hearing?

? okay. seeing none, again, I just remind you 8 that if you do have questions of the witnesses. you can 9 ask them after the Board has had its opportunity to ask
10 questions, and after the hearing, at the regular
11 meeting of the Board, which will follow this hearing,
12 an agenda item is consideration of whether to adopt the
13 proposals that are the subject of this hearing, and
14 provided there is time to do that after considering the 15 proposal which was the subject of the previous hearing,
16 the Board may take action on this hearing tonight.
17 I would instruct the Board that in making its
18 regulations, it must be in accordance with the New 19 Mexico Air Quality Act, 74-2-5(EJ. and the Board shall
20 give the weight it deems appropriate to all facts and
21 circumstances, including but not limited to, one, the
22 character and degree of injury to or interference with 23 health, welfare, visibility, and property; and, two, 24 the public interest, including the social and economic
25 value of the sources and those subject to air

1 contaminants.

2 okay. At this point, we will proceed with
3 the testimony of the Division.

4 Mr. Butt, if you can be sworn in and we will

5 receive your testimony.

6 NEAL BUn 7 after having been first duly sworn under oath,
8 testified as follows:
9 DIRECT TESTIMONY
10 MR. BUTT: Thank you, Mr. Hearing officer,
11 Chairman Deichmann, Members of the Board. My name is
12 Neal Butt. I am a environmental health scientist with
13 the Air Quality Division, control strategies section.
14 I am here in the matter of the Petition to Amend 15 20.11.61 NMAC, Prevention of Significant Deterioration,
16 20.11.42 NMAC, operating permits, and 20.11.1 NMAC,
17 General Provisions. 18 The amendments to 20.11.42 NMAC are proposed 19 as a revision to the Title V operating Permit Program, 20 and the amendments to 20.11.61 NMAC and 20.11.1 NMAC
21 are proposed as a revision of the New Mexico State 22 Implementation plan, or SIP. This is Air Quality
23 control Board Petition Number 2010-4. 24 The reasons for proposed amend'nents to 25 20.11.61 NMAC, prevention of Significant Deterioration, 1 PSD, 20.11.42 NMAC, operating permits, and 20.11.1
2 NMAC, General PrOVisions. The proposed amendments are 3 required pursuant to the Prevention of Significant

4 Deterioration and Title V Greenhouse Gas Tailoring

5 Rule, which was issued on May 13th, published on June

6 3rd, and became effective August 2nd. So this year.

7 This rule "tailors" the applicability
8 criteria that determines which greenhouse gas emissions
9 sources become subject to the PSD and Title 5 programs 10 of the clean Air Act to ensure that only the largest

11 emitters of greenhouse gases are required to obtain PSD 12 and Title V air quality permits for greenhouse gases. 13 Potential sources in Bernalillo county

14 include power plants, refineries, cement 15 manufacturing. In addition, language found at 16 20.11.42.12.A.(2) NMAC, entitled "Timely Application,"

17 has been deleted to conform to 40 CFR 70.5, entitled
18 "Pennit Applications," and 20.2.70 NMAC, entitled 19 "operating Permits" for the State of New Mexico.
20 The clean Air Act PSD and Title V permitting
21 thresholds, triggers, for criteria pollutants,
22 including lead, sulfur dioxide, nitrogen dioxide,
23 carbon monoxide, ozone, and particulate matter, are 100
24 and 250 tons per year respectively, depending upon the
25 type of emissions. 100 tons per year is for Title V

B

1 sources, and 250 tons per year is for the PSD sources

2 except for 28 categories listed in EPA regulations for

3 whi ch the PSD threshold is 100 tons per year.
4 Although these thresholds are appropriate

5 triggers for criteria, pollutants, they are far too low

6 for an effective permit trigger for greenhouse gas 7 emissions, which include C02, CH4, N20, HFCS, PFCS, and i 8 SF6, because greenhouse gases are emitted in
9 significantly greater volumes, on the order of
10 magnitude of 75,000 tons on up to 100,000 tons per 11 year. 12 Under existing federal law, unless states and
13 local agencies adopt the Tailoring Rule amendments by
14 January 2nd of 2011, which happens to be the same date 15 that the Light-Duty vehicle Rule takes effect,
16 stationary sources that emit as little as 100 or 250 17 tons per year of greenhouse gases will automatically
18 trigger complex new Title V permits or PSD permits. 19 Those PSD permits could require costly best
20 available control technology, or "BACT." This has the
21 potential to affect many sources within Bernalillo
22 County, including the sources that otherwise would only
23 be required to obtain minor source permits; for
24 example, under 20.11.31 NMAC, entitled
25 "Authority-to-Construct," or no permit at all. The 

### KATHY TOWNSEND COURT REPORTERS 505-243-5018

### AQCB HEARING, 

### 12/8/10

9
1 type of sources that would emit 250 tons per year of
2 greenhouse gases in Bernalillo county includes boilers
3 found at APS, and, also, at medium and larger-size
4 office complexes.
5 Step 1 of the Tailoring Rule, Which phases in
6 from January 2nd of next year until June 30th of next
7 year, applies to PSD permits in the following way: NO
8 new Tailoring Rule permitting actions will be triggered
9 based solely on greenhouse gas emissions. only sources 10 undertaking permitting actions "anyway, It quote,
11 unquote, for other pollutants must also address
12 greenhouse gases under the Tailoring Rule; the "anyway"
13 sources will be subject to PSD requirements only if the
14 sources increase greenhouse gas emissions by 75,000
15 tons of co2 equivalent or more. This is not expected
16 to affect any sources in Bernalillo county.
17 Title V permits: "only existing sources 18 with, or new sources obtaining, Title V permits for
19 non-green greenhouse gas pollutants will be required to
20 address greenhouse gases during this first step." The
21 types of Title V sources permitted in Bernalillo county
22 that emit a large amount of greenhouse gases include
23 cement plants and power plants. Bernalillo County
24 currently has nine Title V sources, two of which are 25 also PSO sources. 11
1 In phase three, PSD sources and Title V
2 sources: In the Tailoring Rule, EPA commits to make
3 another rulemaking by July 1st, 2012, after soliciting
4 comments on streamlining and exclusion of certain
5 sources. Step 3 will not require permitting of sources 6 with greenhouse gases less than 50,000 tons per year 7 C02 equivalent before April 30th of the year 2016.

a Comments received by the Air Quality Division
9 from the pub1i c and EPA regarding the proposed drafts
10 are shown at AQD Exhibit 4a and Exhibit 8
11 respectively. The Air Quality Division has responded
12 to these comments by proposing four amendments to the
13 Public Review Drafts to address these issues, and these
14 are shown as AQD Exhibit 7, AQO Exhibit 9, and AQD
15 Exhibit 10. we feel that we have satisfactorily
16 addressed all substantive issues raised by EPA and the
17 public.
18 Therefore, the Environmental Health
19 Department of the City of Albuquerque, by and through
20 the Air Quality oivision, respectfully requests that
21 the Albuquerque-Bernalillo County Air Board to adopt
22 amendments to 20.11.61 NMAC, Prevention of Significant
23 Deterioration, 20.11.42 NMAC, operating permits, and
24 20.11.1 NMAC, General provisions, as amended by Staff
25 proposed Floor Amendments shown as AQO Exhibit 7, the

10 12 1 phase two of the Tailoring Rule, which goes 1 EPA proposed Floor Amendments are shown as AQD Exhibit
2 into effect from next July until June 30th of the year 2 9, and Additional Staff proposed Floor Amend'nents are 3 2013, affects PSD permits in the following ways: 3 shown by AQD Exhibit 10. The amendments to 20.11.42 4 Sources subject to greenhouse gas permitting under step 4 NMAC will be submitted to EPA as a revision to the 5 1 will continue to be subject to greenhouse gas 5 Title V operating program; whereas, the amendments to
6 permitting requirements under Step 2. Greenhouse gas 6 20.11.61 NMA,( and 20.11.1 NMAC will be submitted to EPA
7 sources that em; t or have the potent; alto em; t at 7 as a rev; s;on to the SIP.
8 least 100,000 tons of co2 equivalent will be subject to 8 That concludes my testimony, and I would like
9 PSD requi rements. "In addition, sources that emit or 9 to have Exhibits 1 through 10 moved into the record,
10 have the potential to emit at least 100,000 tons per 10 and I stand for questions. In addition, I have a 11 year of co2 equivalent and that increase net emissions 11 technical panel, including Dario Rocha and Isreal
12 through a physical change or a change 1n the method of 12 Tavarez.
13 operation of greenhouse gases by at least 75,000 tons 13 MR. GRANTHAM: Thank you, Mr. Butt. And
14 per year C02 equivalent will also be subject to PSD 14 Exhibits 1 through 10 are admitted.
15 requirements." This is unlikely to affect any PSD 15 (AQO Exhibits 1 through 10 admitted.)
16 sources in Bernalillo county. 16 MR. GRANTHAM: Questions from the Board?
17 For Title V permits: Sources subject to 17 Member Grace?
18 greenhouse gas permitting under step 1 will continue to 18 EXAMINATION
19 be subject to greenhouse gas permitting requirements 19 BV THE BOARD:
20 under Step 2. Greenhouse gas sources that emit or have 20 MR. GRACE: TWO quick questions. under page 21 the potential to emit at least 100,000 tons per year 21 one of the regulation, of the proposed regulations,
22 co2 equivalent will be subject to Title V 22 A.(l), sources within Bernalillo county which are 23 requirements. Bernalillo county does have sources that 23 located on Indian lands or which Albuquerque-Bernalillo
24 emit 100,000 tons per year of greenhouse gases and 24 Air Quality control Board lacks juriSdiction, do we 25 these sources already have Title V permits. 25 have Indian lands that are Within Bernalillo county, 

### KATHY TOWNSEND COURT REPORTERS 505-243-5018

### AQCB HEARING, 12/8/10

13
1 like, for example, Isleta maybe that are exempt from

2 the regulations?
3 MR. BUn: I believe so. 4 MR. GRACE: Okay. Isleta and sandia. And is
5 that a federal requirement, or can we just accept
6 that?
7 MS. KEARNY: Mr. Hearing officer, Mr.
8 Chairman, and, Mr. Grace, Adelia Kearny. There is a 9 whole body of law regarding what is Indian country,
10 what is Indian land, and so on, but under the clean Air
11 Act, certain categories of Indian country are not
12 subject to state or local air quality laws.
13 They actually either have their programs run 14 by the federal government or they run them themselves.
15 They have Tribal Implementation plans, TIPS, not State
16 Implementation Plans, and they can be helped by the
17 federal government, but we cannot do the same. 18 within Bernalillo county, there is the old
19 Indian School property, which is centrally located in
20 the area of the All Indi an Pueblo Counci 1 and the area 21 that's vacant to the east of that, and that is an area 22 over which there is a question about whether we have
23 authority.
24 There are some agreements between the
25 governmental entities and the City about how to handle 15
1 that section when we

-- the new effective date.
2 So, for instance, there might be some rules
3 or some sections of certain rules that have not changed
4 since the '80s; whereas, any time we amend a section,
5 then we have to cull it out and say that we have
6 actually opened up that part.
7 MR. GRACE: All right. Thanks. That's all I
8 have.
9 MR. GRANTHAM: Thank you, Mr. Grace. Any
10 questions from other members of the Board?
11 Dr. Menache?
12 DR. MENACHE: what's going to actually
13 happen?
14 I mean, is this

-- are there going to be city
15 monitors the way there are for the other NAAQS, or how
16 will you know who is emitting at that level?
17 I mean, is it just like with modeling and
18 calculations and that kind of a NAAQS approach?
19 ISREAL TAVAREZ
20 after having been first duly sworn under oath,
21 testified as follows:
22 MR. TAVAREZ: Mr. Hearing officer, Dr.
23 Menache, in answer to your question, it's my 24 understanding, I think Mr. Fabian Macias of our 25 division has made the statement before the Air Board,

14 16
1 certain things, but the wording that you were referring 1 there really aren't any feasible, you know, monitoring 2 to in that regulation appears, I think, in every 2 methods.
3 regulation we have adopted to alert people to the fact 3 I know there is monitoring that ;s done by, I
4 that we may not have authority there. 4 think, NOAH, of carbon dioxide, but I don't think that
5 And then there may also be, I don't know, is 5 those techniques are easily, you know, accessible to 6 there canoncito. gentlemen? 6 areas. So I think the short answer to your question is
7 MR. TAVAREZ: Yes. 7 I am not aware of any monitoring that could be done. B MR. ROCHA: Yes. 8 so, essentially, what will have to happen is
9 MS. KEARNY: canoncito is also Indian land, 9 as air quality permits are issued for these stationary
10 Indian country, but I think that Isleta is outside 10 sources that put limits or establish limits for their
11 Bernalillo County. 11 greenhouse gas emissions, which will be primarily
12 MR. ROCHA: NO. 12 carbon dioxide, we would have to set that limit and
13 MS. KEARNY: Okay. So yes, there are 13 base that on technical information.
14 several. 14 So it might be, you know, how much natural
15 MR. GRACE: Okay. So there is really nothing 15 gas that they are burning, and we would

-- you know,
16 we can do about that, it's JUSt there. Okay. 16 basically, how we typically write permits is we use 17 Then I have a question regarding the 17 surrogates, processing information

-- or operational
18 effective date. It says "January 23rd, 2006," and then 18 information that is representative or a strong 19 it says "unless a later date is inside the regs." 19 indication of what the emissions are. 20 How can the effective date be in history? 20 So we would have to make sure that they would
21 Doesn't it have to be now or later? 21 operate no more than a certain number of hours, you 22 MR. Bun: Mr. Hearing officer, Member Grace, 22 know, burn so much fuel. Those type of conditions
23 that is an artifact of the filing system that we use up 23 would have to be established.
24 in Santa Fe. And so parts of the rule are that old, 24 NOW, they already exist for the criteria
25 and every time we amend a section, then we add on to 25 pollutants, but we would have to ti e those up, those 

### KATHY TOWNSEND COURT REPORTERS 505-243-5018

### AQCB HEARING, 1218/10

more. Thank you. Questions from other members 19
to mesh with the federal Greenhouse Gas Reporting

So you are right, this is part of the overall
that the federal government is taking on to

testimony, you note that it's unlikely that

-- any existing sources are unlikely to be affected by this by virtue of having increases of 75,000 tons per year or

Is that just based on the assumption that of the major sources existing in Bernalillo county, none will have any major modifications in the near future?
MR. TAVAREZ: Mr. Hearing officer, Members of the Board, that's correct. we typically don't see large projects of that scale. They are few and far between historically in our program. And I guess if
you also consider the current economic circumstances, I think it's a pretty safe assumption to make, especially during that first phase, that we won't see projects that would be of that magnitude. MR. GRANTHAM: of the Board?
Just following up on Dr. Menache's question about the likelihood of affecting

-- of sources in Bernalillo county being affected, and in your address greenhouse gas emissions.
DR. MENACHE: going
Rule. effort

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25 17 1 requirements up, to the greenhouse gas emissions limits
2 that will eventually be established for these sources. 3 NOw, keep in mind the numbers that Mr. Butt presented

II or provided in his presentation, they are large

5 numbers.
6 OR. MENACHE: Right.
7 MR. TAVAREZ: So at least for the first 8 couple of phases of this, we are only talking about the
9 very large sources. More than likely, most of the nine
10 Title v sources, as an example.
11 DR. MENACHE: So do you have, then, kind of
12 like the methodology in place? 13 Is that provided by the EPA for, like

-- 1
14 suppose the idea is that you have got some piece of 15 equipment and it uses X amount of whatever the right
16 units are for natural gas, and then you say, "Okay. So 17 out of natural gas, with this efficiency, the carbon 18 dioxide emissions are anticipated to be" blah, blah, 19 blah? 20 MR. TAVAREZ: There are some existing
21 methodologies. One of the key tools that we use within 22 Air Quality is called "AP_42." It'S basically

-- 23 DR. MENACHE: Right. 24 MR. TAVAREZ:

-- a compilation with federal 25 government, EPA, updates periodically for a number of

18 20 1 source categories. So there are, in many of the source 1 MR. GRANTHAM: Thank you. Other questions 2 categories, which is not surprising, the combustion 2 from the Board?
3 categories, there are already some factors that exist, 3 Mr. Grace? 4 but I would anticipate those to be refined, obviously, 4 MR. GRACE: so given that answer, why should 5 with time. 5 we pass these regulations?
6 DR. MENACHE: So you'll be antlclpating 6 what if we don't?
7 guidance from the EPA on how to actually implement and 7 What if we tell EPA, "we are not going to do 8 enforce this? 8 anything"? 9 MR. TAVAREZ: Correct. That is being 9 MR. TAVAREZ: well, Mr. Hearing officer, 10 developed as we speak. Matter of fact, there are, you 10 Member Grace, that's a great question. The short 11 know, a number of conference calls, and, you know, 11 answer is that it would have, I think, a huge negative 12 webinars that have taken place around that topic. And 12 impact to economic development, because if we don't 13 we have one of our permit engineers up in Dallas today 13 make these adjustments so that we can apply these 14 and tomorrow attending some training that the regional 14 larger emission thresholds that are appropriate for 15 office is providing with regard to how to address 15 greenhouse gas emissions, then our fallback is we would 16 greenhouse gas permitting. 16 utilize the thresholds that are established for 17 DR. MENACHE: so, essentially, what's 17 criteria pollutants. 18 happening with these regulation modifications is that 18 And oario Rocha and myself have run a few 19 we are setting the stage so that something can happen 19 calculations, and as an example, we would have to be 20 for greenhouse gases? 20 issuing P5D permits to a number

-- most of the AP5 21 MR. TAVAREZ: Mr. Hearing Officer, Dr. 21 schools, which prevention of significant deterioration 22 Menache, I believe that is correct. There is the other 22 is graduate level permitting. 23 piece of this that's handled under the different 23 I mean, it's an involved process, involving a 24 federal rule that we are not taking local authority 24 lot of analyses, and if we don't, then we, because our 25 for, is the Greenhouse Gas Reporting Rule. So this is 25 fallback is those, either the 100 ton per year 

### KATHY TOWNSEND COURT REPORTERS 505-243-5018

### AQCB HEARING. 

### 1218/10

1
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25 21 threshold or the 250 ton per year threshold, and that's tiny. One of the best analogies I could come up with is, from an emissions standpoint, really, when you should be looking at an elephant with regard to greenhouse gas emissions, you're going to try to apply the same thresholds that you apply to a mouse, and we would end up having to issue pSD permits to schools,
medium-size office complexes. those type of operations.
MR. GRACE: Thank you. MR. GRANTHAM: Other questions from the Board?
Dr. Menache?
DR. MENACHE: where did the number 100,000

come from?

was that provided by the u.s. EPA, or is that

one that the Air Quality Division developed?
MR. TAVAREZ: Mr. Hearing officer, Dr. Menache, 100,000 tons per year, those thresholds, I don't know the full basis for it. I know that there

was a little bit of back and forth during the Environmental Protection Agency stakeholder process, because they started evaluating if they set that too low, they were running into the same situation that we

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25 2J they refer to it in the Federal Register so that they don't have to publish all of it at once. And my understanding of it is

-- well, like Isreal said. the 75,000 and the 100,000, we have no flexibility, that's mandated, that is not open for question or discussion. AS far as the rationale. the way I understand
it. for the limits, they took hypothetical values all the way from 100 tons all the way up to 100,000 tons at different increments, like 100,000 tons, 200,00 tons, 500, 750, a number of increments, and then just like Isreal mentioned, they analyzed each one of them.
And if you go down to 100 tons, the burden on EPA, air agencies. and the regulating community is astronomical. YOu have dollars and hours that it will take to write Title v permits and PSD permits for tiny

sources, like 100 tons, which is unworkable. And so they did that same cost analysis and raised it all the way up until they got to 75,000 and 100,000, and in their scientific opinion, they felt
that was high enough to not be an economic burden, because as far as the upper ceiling

-- they don't explicitly address the upper ceiling, but I think the gist of it is if you go too high, like a half a million, then you're not going to capture anyone. like Isreal said, 100,000 is a huge source.

24
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25 woold run into, they would be permitting some very 1 So they were trying to strike a medium between small sources that, if you look at the intent of the 2 bankrupting businesses, air agencies, and then EPA, and prevention of Significant Deterioration Program, there 3 then writing a rule that there is so high a threshold

was never an intent to bring in some of these medium 4 that there is no point in writing a rule. size and smaller sources. 5 And if you want, I can admit this into
I apOlogize, I don't know the exact 6 evidence, if you want. justification for coming up with that exact, that 7 MR. GRANTHAM: It's up to the Department, the 100,000 ton per year, but there was some rationale. 8 Division, whether or not you want to submit that. 

# I
part of it, in my reading of the preamble, primarily is 9 MR. BUn: I think I will for thoroughness they had to find a happy medium, that they didn't pull 10 sake. It's AQD Exhibit 11. in every small source, but they were capturing the 11 MR. GRANTHAM: And is that available on the larger sources that PSD is intended for. 12 EPA's web site?
DR. MENACHE: So that number is, more or 13 MR. BUTT: Yes, it is. less, mandated by the EPA? 14 MR. GRANTHAM: Okay. That's Exhibit 11. And
MR. TAVAREZ: It is mandated. 15 it is admitted. DR. MENACHE: Or is there some flexibility? 16 (AQD Exhibit 11 admitted.)
MR. TAVAREZ: NO, there is no flexibility of 17 MR. GRANTHAM: other questions, Dr. Menache? the thresholds that Mr. Butt presented in his 18 DR. MENACHE: I am thinking also a bit about presentation. Those are the thresholds that come from 19 the cap and trade issues that the State is potentially the federal regulation. 20 going to put into place. And I know that Albuquerque MR. Bun: And, Mr. Hearing officer, Dr. 21 has pretty much stated that they are not interested in Menache, since the Board requested that I look into 22 doing this, at this time, anyway, and I just want to be what the rationale is, the rationale is not spelled out 23 sure that we have some kind of maybe guarantee that we in the Federal Register, but it is spelled out in the 24 are not setting our conmunities up to be the dumping technical support document, which is voluminous, and 25 ground for large facilities that won't be regulated 

### KATHY TOWNSEND COURT REPORTERS 505·243·5018

### AUCB HEARING, 1218/10

27 1 maybe as tightly.
2 So I am not really sure where to go with that 3 except that will this regulation provide adequate
4 protection, public health protection, by controlling
5 how large the emissions can be? And maybe that's
6 beyond the scope. 7 can amendments be made. is maybe what I am 8 asking. can it be tightened in some way if we need

9 to? 10 MR. BUTT: I don't know about tightening. I 11 know that my take on this rule is if we don't adopt it,
12 then we are going to be looking at permitting every 13 source in Albuquerque. And the corollary between that
14 and cap and trade. I don't connect the two in my mind, 15 but I don't know how to answer your question.
16 OR. MENACHE: If we are not doing cap and 17 trade, and we are not, then how do w@ ensure that a lot 18 of major sourc@s don't simply move into this area? 19 MR. BUTT: well. if they emit more than 20 75.000 tons per year, then they are going to have to 21 get a permit through us, is the only safeguard that I 22 am aware of. 23 MR. TAVAREZ: Mr. H@aring Offic@r, Or. 24 M@nache. I guess one of the asp@cts that the Board 25 should keep in mind is that, you know, this greenhouse

26 1 gas permit requirement is on top of the existing penmit 2 requirements that are already there. 3 And I know part of the chall@ng@ in doing the 4 Tailoring Rul@ is the Environm@ntal protection Agency 5 really wasn't able it to establish a direct health
6 impact with regard to greenhouse gas emissions.
7 How@ver, for the criteria pollutants, for the

-- they 8 have established that. 9 So I guess I don't really

-- I don't 10 anticipat@ a situation where somebody may have large 11 greenhouse gas emissions and not have to undergo a 12 review for their crit@ria pollutants. So I guess the 13 short answer to your question is public health is being 14 prot@ct@d-- 15 DR. MENACHE: Through the

-- 16 MR. TAvAREZ:

-- through the established
17 penmitting program. 18 DR. MENACHE: Thank you. 19 MR. GRANTHAM: Mr. Sharpe? 20 MR. SHARPE: Yes. In this proposal, it talks 21 about carbon dioxide equivalents, and, yet, when we get 22 to the discussion of this, it's all about carbon 23 dioxide. 24 Is there any source, like a dairy within 25 Bernalillo county, that, you know, has tremendous 1 methane? And methane has oodles more gas than carbon 2 dioxide has. 3 Anybody looked at that stuff, or are we still
4 talking about carbon dioxide? 5 MR. TAVAREZ: Mr. Hearing officer, Member
6 sharpe, I think as Mr. Butt testified and provided his
7 presentation, there are the six greenhouse gas 8 pollutants that are addressed under this rule. So the 9 reason they establish that equivalency. C02 10 equivalency, that the greenhouse gas potential for some 11 of the pollutants does vary, and I forget, it's been 12 awhile since I looked at the actual number for methane 13 as an example, but it's something like 21 or 24 times 14 as potent as carbon dioxide. So you would factor that 15 in this, calculating the carbon dioxide equivalent, and 16 we do have some sources of methane. We have our cerro 17 colorado landfill, they have some collection there, we 18 have a couple of closed landfills. 19 MR. SHARPE: That's what I am asking. 20 Are any of those sources that are not really 21 by carbon dioxide equivalent, are any of those getting 22 close to this threshold? 23 MR. TAVAREZ: w@ have not done the 24 calculation on those. That's a good question. That's 25 something that we are going to have to begin evaluating

28 1 as we begin to implement greenhouse gas emissions 2 permitting into the Air Quality permitting program. 3 MR. SHARPE: Okay. Thank you. 4 MR. GRANTHAM: Follow-up question on that. 5 For the criteria pollutants, the
6 applicability threshold is different depending on 7 whether you are one of the listed PSD source categories 8 under Part 61, Section 26, or not, and correct me if I 9 am wrong, but I believe if you are one of those 28 or 10 so source categories that the threshold for PSD 11 applicability is 100 tons per year; if you're not, it's 12 250 tons per year, but in the case of greenhouse gases. 13 it's the same threshold regardless of whether or not 14 you are one of those categori@s, or is ita differ@nt 15 threshold? The question regarding dai ries is what 16 spurred ,that thought, because, obviously, they are not 17 one of the listed categories. 18 MR. TAVAREZ: Mr. Hearing offic@r, Members of 19 the Board, your understanding is the same as our 20 understanding, is that they don't break it up into the 21 categori@s, source categories, 1ik@ is done for the 22 criteria pollutants. 23 so, basically, the thresholds that are 24 established apply to all sources across the board. I 25 know one of the slides that Mr. Butt showed, they are 

### KATHY TOWNSEND COURT REPORTERS 505-243-5018

### AQCB HEARING. 

### 1218/10

29
1

-- EPA has promised guidance in their rulemaking
2 sometime during the calendar year of 2012 that would
3 address some exemptions, but, you know, since that
4 guidance hasn't been provided yet, I don't know what
5 that will look like.
6 MR. GRANTHAM: Okay. Thank you. I find it
7 hard to believe that chairman oeichmann doesn't have

a any questions.
9 MR. OEICHMANN: It's all pretty clear.
10 MR. GRANTHAM: Questions from other members
11 of the Board? Questions from anybody in the audience
12 for members of the panel? Anybody in the audience care 13 to offer any conwnents at thi s point?
14 Hearing none

-- oh, Mr. Grace?
15 MR. GRACE: Maybe he didn't have any 16 questions because you changed his name to George
17 earlier.
18 MR. DEICHMANN: Are you talking to me?
19 MR. GRANTHAM: Maybe I should change all your 20 names. Then the hearing would be a lot faster.
21 If there are no objections from the Board, I
22 will close the record at this point. The hearing is
23 closed at 7:50 p.m. 24 MONTHLY MEETING
25 MR. OEICHMANN: We are going to our action 11
1 and incorporating an amended 20.11.2 NMAC into the New
2 Mexico State Implementation Plan for Air Quality, SIP.
3 Whereas, the New Mexico Air Quality Control
4 ACt, "Air Act," NMSA 74-2-5, requires the Albuquerque
5 Bernalillo county Air Quality Control Board, "Air
6 Board," to "adopt, promulgate, publish, amend, and
7 repeal regulations consistent with the Air Quality
8 Control Act to attain and maintain national ambient air
9 quality standards and prevent or abate air pollution,
10 including regulations prescribing ai r standards" within
11 Bernalillo county, and to meet the requirements of the
12 United States clean Air Act, the City of Albuquerque
13 and Bernalillo county Joint Air Quality Control Board
14 ordinances and the Albuquerque-Bernalillo County Air
15 Quality Control Board, "Air Board," regulations; and,
16 whereas, on December 8th, 2010, the Air Board held a 17 public hearing in the vincent E. Griego Chambers on the
18 basement level of the Albuquerque-Bernalillo county 19 Government Center, One Civic plaza, Northwest, in
20 Albuquerque, New Mexico, and the hearing was held
21 consistent with the notice requirements of the New
22 Mexico Air Quality Control Act and 20.11.82 NMA.C,
23 Rulemaking procedures, Air Quality Control Board; and,
24 Whereas, on December 8th, 2010, the Air Board met and
25 determined that 20.11.2 NMAC, Fees, should be amended,

)0 32
1 i tern number three, deci 5ion in the matter of the 1 and said amendments shauld be submitted to EPA as a 2 petition to Amend 20.11.2 NMAC, Fees, and incorporating 2 revision to the SIP, and, whereas, at the DeCember 8th,
3 an amended 20.11.2 NM,AC into the New Mexico State 3 2010, public hearing, testimony was presented to
4 Implementation plan for Air Quality, Petition Number 4 establish a present need. or a reasonably anticipated
5 2010-3, Resolution Number 2010-9. 5 future need, which exists to warrant taking the
6 Is there a motion to approve or adopt the 6 following actions to cover specific costs. 7 resolution 2010-97 You make the motion to adopt that 7 NOW, therefore, be it resolved by the Board
8 resolution, then we will have a second. a that, one, regarding 20.11.2 NMAC, Fees, as proposed in
9 MR. GRACE: Mr. chairman, one question. 9 Air Quality Division 1b, which was admitted at the
10 MR. OEICHMANN: Yes, sir. Member Grace? 10 December 8th, 2010, hearing, as amended by the "staff's
11 MR. GRACE: With regard to an amendment, 11 proposed Floor Amendments" shown as Air Quality
12 should we handle that after? 12 Division Exhibits 9 and 10, and an amended 20.11.2
13 MR. DEICHMANN: Yes. 13 NMAC, Fees, is hereby adopted; two, the Board hereby
14 MR. GRACE: Okay. 14 directs staff to take all the actions necessary to
15 MR. DEICHMANN: we will have the proposed 15 submit amended regulations to the EPA as a revision to
16 resolution and then we will open up for conment on any 16 the SIP; three, the effective date of the amended
17 amendments. 17 20.11.2 NMAC, Fees, shall be January 10th, 2011; four,
18 MR. GRACE: Okay. 18 staff is directed to submit the amended 20.11.2 NMAC,
19 MR. SHARPE: So where are we? 19 Fees, to the state Records Center in the format
20 Did she move? 20 currently required by the State Records Center without
21 MR. OEICHMANN: she is about to. 21 changing the substance of the amendments as adopted by
22 MR. SHARPE: Oh. 22 the Air Board on December 8th.
23 OR. MENACHE: Give me the Amendment. 23 MR. OEICHMANN: Thank you. Is there a
24 I move that we adopt Amended Resolution 24 second?
25 Number 2010-9, adopting Amendment 20.11.2 NMAC, Fees, 25 DR. UPSON: Second. 

### KATHY TOWNSEND COURT REPORTERS 505-243-5018**AU~t:l** Ht:AKINIj, 1 ;allll U

JJ 1 MR. DEICHMANN: There is a second by Dr.
2 upson. Any comments, discussion?
3 Member Grace?
4 MR. GRACE: I have an amendment I want to
5 offer, and this is related to the effective date.
6 After further discussion, I am recommending an 7 amendment to line six, item number three, of the
8 Amended Resolution. The effective date of the amended
9 20.11.2 NMAC shall be June 30th, 2011.
10 My reasoning would be that the Division would
11 receive the benefit of the annual fee increases at the
12 time they did the billing, but there would be some 13 break to industry for all the other non-annual fees,
14 and then it sort of tempers the effect of the
15 increases. And then I think keeping the CPI in there
16 is a good idea, as long as you utilize it. So that's
17 my amendment.
18 MR. DEICHMANN: Thank you, Member Grace. Is
19 there a second to that? There being no second, the
20 motion fails. Thank you. 21 Are there any other comments, proposed
22 amendments? Hearing none, we will close the floor and
23 vote. All in favor of the Amended Resolution as read
24 by Member Menache, say "aye."
25 MR. SHARPE: Aye. )5 1 20.11.61 NMAC, Prevention of significant Deterioration,
2 20.11.42 NMAC. operating permits, and 20.11.1 NMAC,
3 General provisions, and submitting an amended 20.11.42
4 NMAC to EPA as a revision to the Title v operating
5 permit program and submitting an amended 20.11.61 NMAC
6 and 20.11.1 NMAC to EPA as revisions to the New Mexico
7 State Implementation plan for Air Quality, SIP.
8 "Whereas, the New Mexico Air Quality Control
9 Act, the "Air Act," NMSA 74-2-5, requires the
10 Albuquerque-Bernalillo county Air Quality Control
11 Board, the "Air Board." to "adopt. promulgate. publish,
12 amend, and repeal regulations consistent with the Air
13 Quality Control Act to attain and maintain national
14 ambient air quality standards and prevent or abate air
15 pollution. including regulations prescribing air
16 standards" within Bernalillo county. and to meet the
17 requirements of the United States ,Clean Air Act, the
18 City of Albuquerque and Bernalillo County Joint Air
19 Quality Control Board ordinances and the
20 Albuquerque-Bernalillo county Air Quality control
21 Board, the "Air Board," regulations; and. Whereas, on 22 December 8th, 2010, the Air Board held a public hearing
23 in the vincent E. Griego Chambers on the basement level
24 of the Albuquerque-Bernalillo County Government Center,
25 One Civic Plaza, Northwest, in Albuquerque, New Mexico.

34 36
1 DR. UPSON: Aye. 1 and the hearing was held consistent with the notice
2 MR. OEICHMANN: Aye. 2 requirements of the New Mexico Air Quality control Act, 3 OR. MENACHE: Aye. 3 and 20.11.82 NMAC. Rulemaking procedures. Air Quality

4 MR. SULLIVAN: Aye. 4 Control Board; and, whereas, on December 8th, 2010, the
5 MR. GRACE: Aye. 5 Air Board met and determined that 20.11.61 NMAC,
6 MR. CASTILLO: Aye. 6 Prevention of significant Deterioration, 20.11.42 NMAC,

7 MR. DEICHMANN: The motion passes 7 operating Permits, and 20.11.1 NMAC. General
8 unanimously. 8 provisions, should be amended, and that the amended 9 We will go to item number four, decision in 9 20.11.42 NMAC should be submitted to the EPA as a 10 the matter of Petition to Amend 20.11.61 NMAC, 10 revision to the Title v operating Permit program and
11 prevention of significant Deterioration, 20.11.42 NMAC, 11 that the amendments to 20.11.61 NMAC and 20.11.1 NMAC
12 operating permits, and 20.11.1 NMAC, General 12 should be submitted to EPA as a revision to the New
13 provisions. 13 Mexico State Implementation plan for Air Quality, SIP:
14 The amendments to 20.11.42 NMAC are proposed 14 and, Whereas, at the December 8th, 2010, public
15 as a revision to the Title v Operating permit program 15 hearing, testimony was presented to establish a present
16 and the amendments to 20.11.61 NMAC and 20.11.1 NMAC 16 need. or a reasonably anticipated future need, which
17 are proposed as a revision to the New Mexico State 17 exists to warrant taking the following actions to help
18 Implementation Plan for Air Quality, SIP. 18 prevent or abate air pollution.
19 Is there a motion to approve or adopt the 19 NOw, therefore, be it reSolved by the Board
20 aforestated resolution? 20 that, one, regarding 20.11.61 NMAC, Prevention of
21 DR. MENACHE: Shall I? 21 Significant Deterioration, 20.11.42 NMAC, operating
22 MR. DEICHMANN: If you would like to. 22 permits, and 20.11.1 NMAC, General Provisions, as 23 DR. MENACHE: Does anYbody else want to read 23 proposed in Air Quality Division Exhibits la, 1b, and
24 it? All right. 24 1c respectively, which were admitted at the December
25 So I move, then, that we adopt the amended 25 8th, 2010, hearing as amended by "staff's proposed 

### KATHY TOWNSEND COURT REPORTERS 505-243-5018AQCB Hk:AKINu, l..:/OIlV

37
1 Floor Amendments" shown as Air Quality Division Exhibit

2 Number 7, "EPA's proposed Floor Amendments" shown as 3 Air Quality Division Exhibit Number 9, and "Additional
4 staff's proposed Floor Amendments" shown as Air Quality
5 Division Exhibit 10 are hereby adopted. 6 DO 

### we need to add 117
7 MR. GRANTHAM: Was Exhibit 11 an amendment to 8 the one you just read? 1

2

3



# ,
5

6

7

8 J9
STATE OF NEW MEXICO :

COUNTY OF BERNALILLO : I, DENISE KOPAN, the undersigned Court Reporter, HEREBV CERTIFY that the foregoing hearing was recorded by me by machine shorthand: that I later
caused my notes to be transcribed under my personal supervision; and that the foregoing is a true and
9 accurate record. to the best of my ability, of said
10 proceedings.

DENISE KOPAN, NM CCR #124
License Expi rati on: 12/31/10 

# diSPOSi'P\ftc'J9h'at'SiQned

DATED tn1s**1~·** day of DecQer, 2010. 

# by 

# Denise Kopan this matter and that I have no personal interest
final I FURTHER CERTIFV that I am not a relative or employee of any of the parties or attorneys involved in

; n the 11.
12
13

14
15
16

17
18
19

20 DR. MENACHE: NO. MR. GRANTHAM: Then no. DR. MENACHE: All right. 50 then number

two: The board hereby directs staff to take all actions necessary to submit the amended regulations to EPA as a revision to the SIP and the Title v program. Three, the effective date of the amended 20.11.61 NMAC, prevention of significant oeterioration, 20.11.42 NMAC, operating permits, and 20.11.1 NMAC, General provisions, shall be January 10th, 2011. Number four,
Staff is hereby directed to submit the amended 20.11.61 NMAC, Prevention of Significant Deterioration. 20.11.42 9
10

11
12
13

14
15
16

17

18
19

20
21 NMAC, Operating permits, and 20.11.1 NMAC, General 21
22 provisions, to the State Records Center in the format 22
23 currently required by the State Records Center without 23
24 changing the substance of the amendments as adopted by 24
25 the Air Board on oecember 8, 2010. 25

1

2

3


# , ]8 MR. DEICHMANN: Thank you, Member Menache.
IS there a second?
MR. SHARPE: second.
MR. DEICHMANN: There is a second by Member
5 Sharpe. Are there any comments, discussion, about the
6 proposed amendments?

7 Hearing none, I will close the floor. All in
8 favor say "aye."

9
10

11
12

13

14
15
16

17
18
19

20

21
22

23

2' 25 MR. SHARP: Aye.

DR. UPSON : Aye.

DR. MENACHE: Aye.

MR. GRACE: Aye.

MR. SULLIVAN: Aye.
MR. CASTILLO: Aye.
MR. DE!CHIMNN: Aye.
The motion passes unanimously. Thank you. (proceedings concluded at 8:10 p.m.)



### KATHY TOWNSEND COURT REPORTERS 505-243-5018

### AQCB 

## HEARING, 12/8/10

1



## #

#124['[

- 39:19

'80s [1[

- 15:4


## 1

1 [7[

- 3:3, 9:5, 10:5,

10:18,12:9,12:14, 12:15 10[6J

- 3:14,11:15,

12:3, 12:9, 12:14, 12:15,32:12,37:5 100 [O[

- 7:23, 7:25,

8:3,8:16,20:25, 23:8,23:12,23:16, 28:11 100,000 [13[

- 8:10,

10:8,10:10,10:21, 10:24,21:15,21:20, 22:8, 23:4, 23:8, 23:9,23:19,23:25 10th [2J

- 32:17, 37:18 11 [5[

- 3:15, 24:10,

24:14,24:16,37:6, 37:7 12 [12]- 2:23, 3:3, 3:4,

3:5,3:6,3:7,3:8, 3:9,3:10,3:12,3:13, 3:14 12131110[1]- 39:20 13th [2]

- 7:5, 39:15 la]l]- 36:23 1albic [1]- 3:4 1b [2]

- 32:9, 36:23 lc [1]- 36:24 1&t[1]-11:3


## 2

2 [2]- 10:6, 10:20 20.11,1 [16]-1:4,1:6,

3:12,4:6, 6:16, 6:20, 7:1,11:24,12:6, 34:12,34:16,35:2, 35:6,36:7,36:11, 36:22,37:17,37:21 20.11.2[10]- 30:2,

30:3,30:25,31:1, 31:25,32:8,32:12, 32:17,32:18,33:9 20.11.31 [1]- 8:24 20,11.42 [16]- 1:4, 1:5,

3:12,4:5,6:16,6:18, --------_... 7:1,11:23,12:3, 

## 5 31:8,31:12,31:22, 7:10,7:20,11:8, 34:11,34:14,35:2, 35:9,35:13,35:17, 11:11,11:20,11:21, 35:3, 36:6, 36:9, 36:2 12:24,13:10,15:25, 36:21,37:16,37:20 5 [2]

- 3:8, 7:9 acting [']- 4:14 17:22,21:18,28:2, 20.11.42,12.A,(2 [lJ

- 50,000 [1J -11:6 action [2J

- 5:16, 30:4,31:2,31:3,

7:16 500[lJ-23:10 29:25 31:4,31:5,31:7, 20,11.81 [16]-1:3, 1:8, 505 [']- 2:12 actions [6J

- 9:8,9:10, 31:12,31:13,31:14,

3:12,4:4,6:15,6:20, -----'.

__.- 32:6,32:14,36:17, 31:15,31:16,31:22, 6:25,11:22,12:6, 

## 6 37:13 31 :23, 31 :24, 32:9, 34:10,34:18,35:1,

. ---------- ------ actual]1]-27:12 32:11,32:22,34:18, 35:5, 36:5, 36:11, 8]2]- 2:21, 3:9 add]2]

- 14:25, 37:6 35:7,35:8,35:9, 36:20,37:15,37:19 add]tlon [3]- 7: 15, 35:10,35:11,35:12, 20.11,82 [2]

- 31 :22, 81 [']- 28:8 10:9, 12:10 35:17,35:18,35:20,

36:3 Additional [3]- 3:14, 35:21,35:22,38:2,

, 20.2.70 [1]- 7:18 

## 7 12:2,37:3 36:3,36:5,36:13,

200,00 [1]- 23:9 addrsss**~]-** 9:11, 36:23,37:1,37:3, 2008 [1]- 14:18 7 [4J

- 3:10, 11 :14, 9:20,11:13,18:15, 37:4,37:25 2010[12]-1:16,4:10, 11:25,37:2 19:4, 23:22, 29:3 akearny@cabq.gov

31:16,31:24,32:3, 70,5 ['I

- 7: 17 addrs

..sd[2]

- 11: 16, ]']- 2:13 32:10,35:22,36:4, 74-2-5]2]- 31:4, 35:9 27:8 ALBUQUERQUE[1]- 36:14,36:25,37:25, 74-2-5(E[1]· 5:19 ADELIA],]· 2:10 1:1 39:15 75,000 [7J

- 8:10, 9:14, AdsUa]lJ - 13:6 Albuquerque [25]- 2010·3 [1]

- 30:5 10:13,19:13,23:4, adsquats [1]- 25:3 1:9,1:18,1:20,2:2, 

## i 2010-4[2]- 1:2, 6:23 23:18,25:20 adjustments 111

- 2:9,2:12,2:16,4:11,

· 2010-9 [3J

- 30:5, 30:7, 750]lJ

- 23:10 20:13 4:12,4:22,11:19, 30:25 788-4530[1]- 2:12 admlt]l[

- 24:5 11:21,12:23,24:20, 2011 [4]- 8:14, 32:17, 7:10[2]-1:20,4:12 admlltsd [6]- 12:14, 25:13,31:4,31:12,

33:9,37:18 7:50]']

- 29:23 12:15,24:15,24:16, 31:14,31:16,31:20, 2012[2]-11:3,29:2 32:9,38:24 35:10,35:18,35:20, 2013 [lJ -10:3 --- --- ,-- 35:24, 35:25 

## 8 adopt]l1]- 5:12, 8:13, 2018[,]-11:7 11:21,25:11,30:6, i Albuquerque

## i 21[1]-27:13 30:7,30:24,31:6, 

# I Bernalillo 110) -1:18,
i 23rd ]1]- 14:18 8[3J-3:11,ll:10, 34:19,34:25,35:11 2:2,4:11,11:21,

1 24 [2]-3:16,27:13 37:25 adoptsd ].]-14:3, 12:23,31:14,31:18,
i 250 [6J

- 7:24,8:1, 87102 [2]- 2:12, 2:18 32:13,32:21,37:5, 35:10, 35:20, 35:24 8:16,9:1,21:1, 8:10]1]- 38:17 37:24 ALBUQUERQUE· 26:12 8th ]11]-1 :15,4:10, adopting [1]

- 30:25 , BERNAliLLO [1]

-

: 28]lJ

- 28:8 31:16,31:24,32:2, affset]3J

- 8:21, 9:16, 1 1:1

28 [2]

- 8:2, 28:9 32:10,32:22,35:22, 10:15 . alert[1]-14:3 29]lJ

- 2:24 36:4,38:14,36:25 affectsd]2]-19:10, amblent[2]- 31:8, 2a1b/c [1]- 3:5 ----_ .. --- 19:12 35:14
2nd [3]- 7:6, 8:14, 9:6 

### 9 affecting [1]- 19:9 Amend [.]- 3:3, 4:4, affsetsp]-10:3 6:14,30:2,34:10 

## 3 aforestated [1]' 34:20 amend [4]- 14:25,

.. 9[.]-3:13,11:14, agencies [3)

- 8: 13, 15:4,31:6,35:12

i 12:2,32:12,37:3 23:13,24:2 AMEND [1]- 1:3 '3[lJ-ll:5 

### A Agency [2J

- 21 :23, amended (191- 11 :24,

: 30th [4J

- 9:8, 10:2, 28:4 30:3,31:1,31:25,

I 11:7,33:9

. Agenda [1]- 3:9 32:10,32:12,32:15,

· 3a1b/c[1]- 3:6 A.(1 1']- 12:22 

# l

# ::;:.':~~;.~~~~ 32:16,32:18,33:8,

3rd [']- 7:6 abate[3]- 31:9, 35:14, 34:25, 35:3, 35:5,
36:18
1 13

:24 i 36:8, 36:25, 37:13, 

## 4 ability [1]

- 39:9 AIR]3J-1:1, 1:7, 1:12 1 37:15,37:19
able [lJ

- 26:5 : Amended [3J

- 30:24, ,al'l13]-5.25,7.12, 33:8,33:23

, 4[2]-2:19,3:7 accspt]1]-13:5 i 13:12,16:9,23:13, I I ! amendment (5)

· 40 [lJ

- 7:17 acces.lble 11]

- 16:5 I 24:2,31 :8,31 :9, I I 30:11,33:4,33:7, 4&]lJ-l1:10 accordance(1)

- 5:18 i 31:10,35:14,35:15, ,

, 33:17,37:7 accurate [11- 39:9 I 36:18 ! i : Amendment [2]

- Act[,,]- 5:19,7:10, I AI'I"J' 1:8, 2:2, 4:21,

7:20, 13:11, 31:4, , 5:19,6:13,6:22, , 30:23, 30:25



## .KATHY TOV\'-NSEND

# coOFn REPCjRTERS

- 505-243-5018

## B

BACT,,]- 8:20 bankrupting ['1- 24:2 ba•• ['I- 18:13 ba••d ['1- 9:9, 19:15 basement [2]

- 31: 18,

35:23

, ba.I.[1]-21:21

. BCPC ['1- 2:5

BE['I-l:15 became [lJ

- 7:6 become [1]- 7:9 BEFOREI'I-1:1,

1:12 b.gln 13]

- 4:20,

27:25,28:1 b.n.flt [']- 33:1 1 BERNALILLO 1'1-

1:1,39:3 B.rnalilio [30]

- 1: 18,

2:2,4:11,7:13,8:21, 9:2,9:16,9:21,9:23, areasl11- 16:6 ART['I· 2:4 Art ['I·**4:1~** artifactl'l- 14:23 AS[,]- 1:5, 1:8 a.pect.I'I· 25:24 assumption (21

-

19:15,19:23 astronomical [11-

23:14 attain [']- 31:8, 35:13 att.ndlng [,[- 18:14 ATTORNEY['I- 2:11 attorneys 111

- 39:12 audience [3]

- 5:3,

, 29:11,29:12
; August 11)

- 7:6

AUGUSTINE ['I

- 2:6 authority [31- 13:23,

14:4, 18:24 Authority [']- 8:25 Authorlty·to·

Con.truct['I

- 8:25 automatically 11]-

8:17 avallabl. ['I • 8:20,

24:11 awarel']- 16:7, 25:22 awhll. ['I· 27:12

: aye [2)- 33:24, 38:8

Ay. [14]- 33:25, 34:1,

34:2, 34:3, 34:4,

I 34:5, 34:6, 38:9, 38:10,38:11,38:12, 38:13,38:14,38:15 AMENDMENTS ['[

-

1:5, 1:6 AmendmentsI11]-

3:10,3:12,3:13, 3:14,11:25,12:1, 12:2,32:11,37:1, 37:2,37:4 amendmentl (191

-

6:18,6:20,8:24,7:2, 8:13,11:12,11:22, 12:3, 12:5, 25:7, 30:17,32:1,32:21, 33:22,34:14,34:16, 36:11,37:24,38:6 amount121

- 9:22,

17:15 analogies !11- 21:3 analys•• [1[

- 20:24 analysl. [1 [ - 23: 17 analyz.d [1[-23:11 AND [4[

- 1:4, 1:8,

1:12 annual [2]

- 33: 11,

33:13 anSwer[61-15:23,

16:6,20:4,20:11, 25:15,26:13 antlc[pat. [']

- 18:4,

26:10 antlc[pat.d [3]

-

17:18,32:4,36:16 antlc[patlng [1]- 18:8 anyway[3]· 9:10,

9:12,24:22 AP-42 [1]· 17:22 apologize [1]- 22:6 

### appearance [1J

- 4:24 applicability [3[- 7:7,

28:6,28:11 Appllcat[on [11- 7:16 Appllcat[on. [1[-

7:18 applies],]

- 9:7 apply'41- 20:13, 21:6,

21:7,28:24 apprOaCh[1]-15:18 appropriate [3]

- 5:20,

8:4,20:14 approve [2J

- 30:6.

34:19 April ['I

- 11:7 AP5 ['1- 9:3, 20:20 AQCB[1]- 1:2 AQD]I1I-3:2,11:10,

11:14,11:25,12:1, 12:3, 12:15, 24:10, 24:16 ARE[,]- 1:5,1:6 ar88(41-13:20,13:21,

25:16 

### AQCB HEARING, 

### 12/8/10



### 2

10:16, 10:23, 11:21,

# ~~I~~I:~on~[;~- '" 

# 'I'

# ~2;"6;,1-20]"-6--,;2:~"9";1:41"'129:5,' 12:22,12:23,12:25, 15:18,20:19 13:18,14:11,19:10, cal.nda'l'[ -29:2 13:25,31:12,35:18 19:18, 26:25, 31 :5, cannot['I· 13:17 Civic /5] • 1:19, 2:11, 31:11,31:13,31:14, Canonclto,,]- 14:6, 2:16,31:19,35:25 31:18,35:10,35:16, 14:9 C[.an [51-7:10,7:20, 35:18,35:20,35:24 cap [3]- 24:19, 25:14, 13:10,31:12,35:17 b••t[31- 8:19, 21:3, 25:16 cl.ar[1]- 29:9

39:9 capture ['I

- 23:24 clo•• [4] • 27:22, b.twoon [41- 13:24, capturing/'[

- 22:1 1 29:22,33:22,38:7

19:21,24:1,25:13 carbon [111- 7:23, c[o••d [']- 27:18, b.yond [1]- 25:6 16:4, 18:12, 17:17, 29:23 BIII['1-4:13 26:21,26:22,27:1, C02[.[-8:7, 9:15, BILL ['J' 1:17, 2:8 27:4,27:14,27:15, 10:8,10:11,10:14, blillng[ll- 33:12 27:21 10:22,11:7,27:9 bll[,]-21:22,24:18 ca"['1.29:12 : coll.ctlon[,[-27:17 blah[31-17:18, 17:19 ca••I']- 28:12 : ColI.ctlv.[y[l]- 4:6 Board**[4~** - 2:2, 2:23, CASTILLO [3]· 2:5, Colorado [11- 27:17

4:14,4:15,4:16,5:9, 34:6,38:14 combu.tlon [1[

- 18:2 5:11,5:16,5:17, Ca.tlllo]'I- 4:16 coming ['1- 22:7 5:19,6:11,6:23, cat.gort•• [111- 8:2, comm.nt[,]- 5:6, 11:21,12:16,12:24, 13:11,18:1,18:2, 30:16 15:10,15:25,19:7, 18:3,28:7,28:10, comm.nt.[.]- 11:4, 19:19,20:2, 21 :13, 28:14, 28: 17, 28:21 11: 12, 29:13, 33:2, 22:22,25:24,28:19, cau.ed [1]- 39:7 33:21,38:5 29:11,29:21,31:5, CCR['1-39:19 Comm.nt.[3]-3:7, 31:6,31:13,31:15, colllng[,].23:21, 3:11,11:8 31:16,31:23,31:24, 23:22 I comm[t./'I-l1:2 32:7,32:13,32:22, c.m.nt[,]-7:14, ! communlt[•• [,]- 35:11,35:19,35:21, 9:23 ' 24:24 35:22,36:4,36:5, C.nt.r[.]-1:19,4:11,; communltyl,]-23:13 38:19,37:25 31:19,32:19,32:20, compllatlon],]- board [']

- 28:24, 35:24, 37:22, 37:23 17:24

37:12 c.ntraIlY['I- 13:19 compl.X[1I-8:18 BOARD [3]- 1:1, 1:12, C.rro[1]-27:16
, compl

.... ['1.9:4,

12:19 c.rtaln[51-11:4, 21:9 body[,]-13:9 13:11,14:1,15:3,: concluded['1-38:17 boll

... [']- 9:2 16:21

. conc[ud•• ['I. 12:8 br.ak [']- 28:20, CERTIFY [']- 39:5, I condltlon./,]- 16:22

33:13 39:11 ' conf.r.nc.['I- 18:11 brtng [1]- 22:4 CFRI'I· 7:17

. conform [1]- 7:17 burd.n[2]

- 23:12, CH4[1]- 8:7 conn.ct/'I- 25:14

23:20 ChairmanI']

- 2:3, I con.ld.r['I

_19:22 bum [1]- 16:22 4:17,6:11, 13:6.

. consideration (1)- burnlng[1]- 16:15 29:7,30:9 ' 5:12 business•• [11- 24:2 challenge [1]- 26:3 i considering [11- 5:14 Butl[7]-6:4,6:12, Chambore[4J-1:18,' con.lst.nt[4]-31:7,

12:13,17:3,22:18, I 4:10,31:17,35:23 31:21,35:12,36:1 27:6,28:25
, chang. [3]- 10:12, Construct [1]

_8:25 BUTT'''I- 2:15, 2:20, I 29:19 contaminant. ['1- 6:1

2:22,6:6,6:10, 13:3, chang.d [']- 15:3, contlnu. [']_ 10:5, 14:22,22:21,24:9, I 29:16 10:18 24:13,25:10,25:19 chang•• ,,]- 4:7 control ['I- 8:20

## ,B~[~**-~:1=-"-l c~~~2~ng**  ['1- 32:21, Control ["1- 2:2, 6:13,6:23,12:24, 

## C charact.r[,]- 5:22 31:3,31:5,31:8, clrcumstanca.[,]- 31:13,31:15,31:22, calculating [,[_ 27:15 5:21, 19:22 31 :23, 35:8, 35:10, calculation ['[_ 27:24 clty['I- 15:14 35:13,35:19,35:20, CITY ['1- 2:1 1 36:2, 36:4



# .. '_'

..

__**..l~=**



### KATHY TOWNSEND COURT REPORTERS 

### 505-243-5018CONTROL 121

- 1: 1, 1:12 controlling 1'1- 25:4 corollary(1j- 25:13 Corr.ctl'I-18:9
correct 131

- 18:22,

19:19, 28:8 Correspondence (1]

-

3:6 CO.tlll- 23:17 co.tly \11- 8:19
co.ts 1'1- 32:6 Counclll'I-13:20 counsel [1J

- 4:13 country[31-13:9,

13:11,14:10 COUNTYI2)-1:1,

39:3 Countyl30I-1:18,

2:2,2:4,4:11,7:13, 8:22, 9:2, 9:16, 9:21, 9:23, 10:16,10:23, 11:21,12:22,12:25, 13:18,14:11,19:10, 19:16,26:25,31 :5, 31:11,31:13,31:14, 31:18,35:10,35:16, 35:18,35:20,35:24 coupl.12]

- 17:8,

27:18 COUI1I'I- 39:4 COVer[l]- 32:6 CPII'I- 33:15 crlt.ri.19)- 7:8, 7:21,

8:5, 16:24, 20:17, 26:7,26:12,28:5, 28:22 culll'l- 15:5 current[1]-19:22


# o

dalrl•• I'1

- 28:15 dairy\11

- 26:24 Dalla. \11- 18:13 Darlo 121

- 12:11,

20:18 dat.[9)- 8:14,14:18,

14:19,14:20,15:1, 32:16,33:5,33:8, 37:15 DATED 1'1- 39:15 December[131-1:16,

4:9,31:16,31:24, 32:2,32:10,32:22, 35:22,36:4,36:14, 36:24,37:25,39:15 d.cl.lon 12]- 30:1,

34:9 

### AQCB HEARING, 12/8/10

, doom.\1I- 5:20

# d::~~~n;I~~-~;2~**1~;~:2;~5:~9** i d.gree['1-5:22 doliarsl'I-23:14 .mlttedl,)-8:8 

# i D.lchmann 131- 4:17, DONAlll- 2:6 .mltt.rs \11- 7:11

i 6:11,29:7 00""11)-4:18 .mlttlngl'I-15:16

: DEICHMANN**11~** - donel')- 16:3, 16:7, .mployee\11- 39:12 2:3, 29:9, 29:18, 27:23, 28:21 .nd 1'1- 21:8 29:25,30:10,30:13, downl'l- 23:12 .nlon:e\1]-18:8 30:15,30:21,32:23, Drl12)- 4:17,4:18, .nglnoors \1]- 18:13 33:1,33:18,34:2, 15:11,15:22,18:21, .n.ureI2]-7:10, 34:7,34:22,38:1, 19:8,21:14,21:19, 25:17 38:4,38:15 22:21,24:17,25:23, .ntered\1]- 4:23 d.l.t.dl']- 7:17 33:1 .ntIU"\1]-13:25 DENISE**I~** - 39:4, DR 126]- 2:4, 2:6, .ntltled 1')- 7:16,

39:19 15:12,17:6,17:11, 7:17,7:18,8:24 Oepartment[6]-1 :9, 17:23. 18:8, 18:17, environmental [1]-

2:14,2:15,4:23, 19:5,21 :15,22:13, 6:12 11:19,24:7 22:16,24:18,25:16, Envlronm.ntal [7)- DEPUTY 1'1- 2:11 26:15,26:18,30:23, 1:9,2:14,2:15,4:22, D.t.rioratlon 1121- 32:25, 34:1, 34:3, 11 :18,21 :23, 26:4

i 4:5,6:15,6:25,7:4, 34:21,34:23, 37:9,**EPAI2~** - 3:6,3:13,

i 11:23,22:3,34:11, 37:11,38:10,38:11 8:2,11:2,11:9,

, 35:1,36:6,36:21, Dralll']- 3:9 11:18,12:1,12:4, 37:16,37:20 draltal,]-11:9 12:8,17:13,17:25, 'DETERIORATIONI'] Drall.12]-3:4,11:13 18:7,20:7,21:17, -1:4 duIYI2]- 6:7,15:20 '22:14,23:13,24:2, d.t.rioratlon \1]

- dumping 1')- 24:24 29:1, 32:1, 32:15,

20:21 during 1')- 9:20, 35:4, 35:6, 36:9, d.t.rmln.dI2]- 19:24,21:22,29:2 36:12,37:14

, 31:25,36:5 DUty[I]- 8:15 EPA'.13,- 4:7, 24:12,

: d.t.rm)nes \1]

- 7:8 37:2
; d.v.lop.dI21-18:10, 

### E .qulpm.ntl'j-17:15 21:18 .qulval.ncy 12)- 27:9, development[11- 27:10

20:12 .a.lly 1']- 16:5 .qulval.nt 1'1_ 9:15, 'diu t 1823 .a.tl']

- 13:21 0 8 I ".ren 1']- : , 1 : ,10:11,10:14,

I 23:9,28:6,28:14 economic [41- 5:24, 10:22,11:7,27:15,

: dloxld.I12]- 7:22, 19:22,20:12,23:20 27:21 16:4,16:12,17:18, .nactI31- 8:15,10:2, 

## i equivalents [1)- 26:21,26:23,27:2, 33:14 

# ! 26:21 27:4,27:14,27:15, .nectlv. [9]- 7:6, 8:8,
'1 ••pectaIlY1']-19:23 27:21 14:18,14:20,15:1, ••••ntlellyI2]-16:8, DIRECTI']- 6:9 32:16,33:5,33:8, 18:17 direct\1]

- 26:5 37:15 ••tabll.h [5]

- 16:10, Dlr.ct 12)- 2:21, 3:8 .lIIcl.ncy 11]- 17:17 26:5, 27:9, 32:4, dlr.ctadI2)-32:18, .110111,)-19:3 36:15

37:19 .lther\2]- 13:13, ••tabll.h.d 161- directs 12]- 32:14, 20:25 16:23,17:2,20:16,

37:12 .I.phant 1'/- 21:5 26:8,26:16,28:24 dlscus.lon [5]- 23:5, .mlnlon 11)- 20:14 evaluating (2]- 21:24,

26:22.33:2,33:6, Emissions [1]

- 3:16 27:25 38:5 eml••lons [t61- 7:8, Evaluation [1]- 3:16

: di.po.itlon 11]- 39:14 7:25,8:7,9:9,9:14, .v.nlngl']- 4:1

: Dlvl.ion ]16]

_ 1:8, 10:11, 16:11, 16:19, ev.ntually [I]

_17:2 4:22,6:3,6:13,11:8, 17:1,17:18,19:4, .vld.ncell]- 24:6 11:11,11:20,21:18, 20:15,21:4,21:6, :**.xactl~-22:8,** 22:7 24:8,32:9,32:12, 25:5,26:6,26:11, Examination 1']- 2:23 33:10,36:23,37:1, 28:1 EXAMINATION(,]- 37:3,37:5 .mltl"]- 8:16, 9:1, 12:18

, dlvl.lon \1]- 15:25 9:22,10:7,10:9, 

# i exampl.15]- 8:24,

! Docum.ntlll-3:15 10:10,10:20,10:21, 

# j, 13:1,17:10,20:19,


### kAfHY·f6W",fSENlfcOURfREPORTERS
505-243-5018 

### 3

: 27:13

i .xc.pt(21- 8:2, 25:3

exclusion (1) • 11:4 ex.mptl,)-13:1 exemptions 11] • 29:3 EXHIBITI1]- 3:2 Exhlbltl"]- 11 :10,

11:14,11:15,11:25, 12:1,12:3,24:10,

, 24:14,24:16,37:1,
I 37:3, 37:5, 37:7

Exhibit. [5)- 12:9,

12:14, 12:15, 32:12, 38:23

I .xl.tI2)-16:24, 18:3 i eXisting [8)- 8:12, 

# i 9:17, 17:20, 19:12,

, 19:16,26:1

I .xl.ta(2)- 32:5, 36:17

I expect.d (')- 9:15

Expiration 111- 39:20

, explicitly 11)- 23:22 

## :**~----------------** - 

## F

Fabian 11]- 15:24 lacilltl•• I'I- 24:25 lact (2)-14:3, 18:10 lactorl']- 27:14 lactors 111- 18:3 lact.I']- 5:20 lall.\I]

- 33:20 lallback (21- 20:15,

20:25 

### tart.]- 8:5, 19:20,

23:6,23:21

: la.t.rII]

- 29:20

! lavorJ2]

- 33:23, 38:8

F. 11]- 14:24 I.a.lbl. ['1- 16:1 F.d.ral [2,

- 22:24,

23:1 Ied.raI19]

- 8: 12,

13:5,13:14,13:17, 17:24, 18:24, 19:1, 19:3,22:20 10011]- 33:11 F

••• \7]

- 30:2, 30:25,

I 31 :25, 32:8, 32:13,

, 32:17,32:19

'••• 1']- 33:13 1.lt 11]- 23:19 l.w[2]-19:20,20:18 flllng 11]- 14:23 flnall']- 39:14 flrstI5]- 6:7, 9:20,

15:20,17:7,19:24 flexibility \3]- 22:16,

22:17,23:4

### AQCB HEARING, 

### 1218/10



### 4 •



## K JENS I']

- 2:3 Jensl'l- 4:17 JolnI121-31:13,

35:18 JuIYI2]-10:2,11:3 June 1'[

- 7:5, 9:6,

10:2,33:9 Jurlsdlcllon 1'1- 12:24 Jusllflcallon 1'1

- 22:7

KEARNYI'I-2:10,

13:7,14:9,14:13 Kearny 11]- 13:8 keep 12]

- 17:3, 25:25 keeping 1'1

- 33:15 keyI']

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24:23 known 111- 4:7

, KOPAN 12]

- 39:4,

i 39:19**~~----------** I 

# L

Ilacksl']- 12:24

land'2]- 13:10, 14:9 Landflll],]- 27:17 landflllsl']

- 27:18 lands 12]

- 12:23,

12:25 language 1'1 -7:15 large 17]

- 9:22, 17:4, 

# I 17:9, 19:20,24:25, 25:5,26:10 Ilarge'l'1

- 9:3,20:14,

I 22:12

: larger-slzel11

- 9:3

la'Oesll'l -7:10 lawI2]- 8:12,13:9 lawsl'l- 13:12 lead 1'(- 7:22 le

..II']-10:8,10:10,

10:13,10:21,17:7 lesSI2]-11:6,22:14 level\41-15:16, I 20:22,31:18,35:23

I Liaison [11· 2:5

: LicenseI')

- 39:20 

### I Llghl('1

- 8:15 I Llghl-Duty 1']- 8:15

likelihood ]1]- 19:9 likely 11]- 17:9 IImlll'l- 16:12 IImiledI']

- 5:21 IImllsl.]-16:10, 17:1,

23:7 

## J

I JACK 1']- 2:5

. Jackl,]-4:18

January 1'1

- 8: 14,

9:6, 14:18, 32:17, 37:18 IdeaI2]-17:14,33:16 1111']- 2:6 ]mpactI2]- 20:12,

26:6 Implement(31- 4:7,

18:7,28:1 IMPLEMENTATION

I']

- 1:7 Implementation [8]

-

6:22,13:15,13:16, 30:4,31:2,34:18, 35:7,36:13 handleI2]-13:25, INI']-1:3

30:12 Includel'j- 7:14,8:7, handled I']

- 18:23 9:22 happy 1']- 22:10 Includes I1j- 9:2 hard 1'1- 29:7 Including 17]

- 5:21, Hea"h 1']-1:9,2:14, 5:24,7:22,8:22,

2:15, 4:22, 11: 18 12:11, 31 :10, 35:15 heallh 1'1

- 5:23, 6: 12, Incorporallng 12]

-

25:4,26:5,26:13 30:2,31:1 hearing [23]

- 1: 18. 

### Increas. (2)

- 9: 14,

4:2, 4:3, 4:9, 4:20, 10: 11 4:24,5:6,5:10,5:11, Increa"sl'l

- 19:13, 5:13,5:15,5:16, 33:11,33:15 29:20,29:22,31:17, Incremenls121

- 23:9, 31:20,32:3,32:10, 23:10 35:22,36:1,36:15, INDEXI'I-2:18 36:25, 39:5 Indian 191- 12:23, HEARINGI21- 1:12, 12:25,13:9,13:10,

2:7 13:11,13:19,13:20, Hearing**I'~** - 1:17, 14:9,14:10

4:14,6:10,13:7, Indlcallon 1']- 16:19 14:22,15:22,18:21, Induslryl']- 33:13 19:18, 20:9, 21 :19, Informallon I']

_ 22:21,25:23,27:5, 16:13,16:17,16:18 28:18,29:14,33:22, Injury 1'1

- 5:22 38:7 Insldel']- 14:19 held 1'1

- 4:9, 31:16, Instance 11(

- 15:2

31:20,35:22,36:1 Inslruct 1']- 5:17 help]'I- 36:17 Inlended 1']- 22:12 helped I']

- 13:16 Inlenl121

_22:2, 22:4 hereby 1'1- 32: 13, Inleresl121- 5:24,

37:5,37:12,37:19 39:13 HEREBY 1']- 39:5 Inleresled 1']- 24:21 HFCSI']- 8:7 Interterencel'l

_5:22 high**I~** - 23:20, Involved 121- 20:23,

23:23,24:3 39:12 hlslorlcally 1'1

- 19:21 Involving 1']- 20:23 hlsloryl1l- 14:20 Islelal'l- 13:1, 13:4, hour['1

- 1:20 14:10 hours 12]- 16:21, ISREAL 121- 2:22,

23:14 15:19 hugeI2]- 20:11, I Isreal 1']- 12:11, 23:3,

23:25 23:11,23:25 hypothetlcall'l- 23:7 Issue 11]- 21:8**-~--.-.---------j** IssuedI21-7:5, 16:9



### 1 "··U.SI31-11:13,

-- ------- 11:16,24:19 Issuing 1']- 20:20 

# i ITI']- 1:15 Illem 1']- 5:12, 30:1, 

# I 33:7,34:9 

## 1- 

# r-----

H 19:3

! Government141

- I 1:19,4:11,31:19,

, 35:24

governmentall']-

13:25 GRACE 1"1

- 2:6,

12:20,13:4,14:15, 15:7,20:4,21:11, 29:15,30:9,30:11, 30:14, 30:18, 33:4, 34:5,38:12 Grace I1'1-4:19,

12:17,13:8,14:22, 15:9,20:3,20:10, 29:14,30:10,33:3, 33:18 graduate I']

- 20:22 GRANTHAM 120]

- I 1:17,2:8,4:1,12:13, I 12:18,15:9,19:6, 20:1,21:12,24:7, 24:11,24:14,24:17, 26:19,28:4,29:6, 29:10,29:19,37:7, 37:10 Granlham 121

- 2:19,

4:13 greall']- 20:10

I greater(11

- 8:9 

# i green [1]- 9:19

I greenhouse [34]

- 7:8.

I 7:11,7:12,8:6,8:8, 8:17,9:2,9:9,9:12, 9:14,9:19,9:20, 9:22,10:4,10:5, 10:13,10:18,10:19, 10:24,11:8,16:11, 17:1,18:16,18:20, 19:4,20:15,21:6, 25:25,26:6,26:11, 27:7, 27:10, 28:1, 28:12 Greenhouse [6]

-

3:15,7:4,10:6, 10:20,18:25,19:1

, Griego I']

- 1: 18,

I 4:10,31:17,35:23

ground[1]

- 24:25

I guarant•• [1]- 24:23

gu••s[4]-19:21,

25:24, 26:9, 28: 12 guldanCSI']-18:7,

29:1, 29:4 GUSI']- 4:19

halfl']- 23:23 

### G floor 121- 33:22, 38:7 Floor[lOl- 3:10, 3:13,

3:14,11:25,12:1, 12:2,32:11,37:1, 37:2,37:4 follow 11[

- 5:11 Follow 111

- 28:4 Follow-up 1']- 28:4 follow]ng 1'1- 9:7,

10:3,19:8,32:8, 36:17 followa 121- 6:8, 15:21 FORI'I- 1:7 foregoing 121

- 39:5,

39:8 forgell']- 27:11 formal121- 32: 19,

37:22 forth 1'1

- 21 :22 four[.]-11:12,32:17,

34:9,37:18 fronll'l- 5:2 fuell']- 16:22 fUIlI1(-21:21 FURTHER 1'1

- 39:11 future [3]- 19:17,

32:5,36:16

Gasl']- 3:18, 7:4,

18:25, 19:1 gas 127]

- 7:8, 8:6, 9:9,

9:14,9:19,10:4, 10:5, 10:6, 10:18, 10:19,10:20,16:11, 16:15,17:1,17:16, 17:17,18:16,19:4, 20:15,21:6,26:1, 26:6,28:11,27:1, 27:7,27:10,28:1 g•••• '131-7:11,

7:12,8:8,8:17,9:2, 9: 12, 9:20, 9:22, 10:13,10:24,11:6, 18:20,28:12 GENERALI']- 1:4 General [10]- 4:6,

6: 17, 7:2, 11:24, 34:12,35:3,36:7, 36:22,37:17,37:21 gentlemen (11

- 14:6 Georgel'l- 4:16,

4:17,29:16 GEORGE 1']- 2:5 glsl 11]

- 23:23 given [11- 20:4 government (4J

-

13:14,13:17,17:25,



### ______.

__**.~_** 

### _ . i**_~** 

### _ KATHY TOWNSEND COURT REPORTERS 

### 505-243-5018 _ __**L_~,** .

__...

### AQCB HEARING, 

### 12/8/10



### 5

--------- -_.--**-T~----- ---~----------**  --- -r---**--~--**

I non ]2]- 9:19, 33:13 lopenedI11-15:6 line 11]- 33:7 , 6:11,19:18,28:18 

## N 1I0ted]3]- 8:2, 28:7, MENACHE ]22]

- 2:4, 

# I non-annuaI[11- 33:13 i Opening ]']- 2:19

28:17 15:12,17:6,17:11, 

# I non1lreen ]']- 9:19 operate],]- 18:21 local]3]-8:13,13:12, 17:23,18:6,18:17, N20],]- 8:7 none]']- 5:7, 19:16, operating 111- 12:5

18:24 19:5,21:15,22:13, NAAQS ]2]- 15:15, 29:14,33:22,38:7 Operating ]"]

- 4:5, located ]2]- 12:23, 22:16,24:18,25:18, 15:18 I Northweol]3]-1:19, 6:18,6:19,7:1,7:19,

13:19 26:15,26:18,30:23, name]21- 6:11,29:16 31:19,35:25 11:23,34:12,34:15, look ]3]- 22:2, 22:22, 34:3, 34:21, 34:23, names [lJ

- 29:20 I nota],]-19:11 35:2, 35:4, 36:7,

29:5 37:9,37:11,38:11 natlonal]2]- 31 :8, 

### I noteo],]- 39:7 36:10,36:21,37:17, looked ]2]

- 27:3, Menachel11] 4:18, 35:13 nothlng],]-14:15 37:21

27:12 15:11,15:23,18:22, natural ]3]- 16:14, notlce]2]

- 31 :21, OPERATING ]2]-1:4, looking ]2]

- 21 :5, 21:14,21:20,22:22, 17:16,17:17 38:1 1:5

25:12 24:17,25:24,33:24, NEALI']- 2:15, 2:20, Notlc"]'J

- 3:5 operatlon],]-10:13 low ]2]

- 8:5, 21 :25 38:1 2:22,6:6 Numbs,!7]

- 6:23, operatlonal],]- 16:17 Menache'. [1]- 19:6 Neal]'I- 8:12 30:4, 30:5, 30:25, operations 1'\· 21 :10 

## M mentioned ('1- 23:11 near(11 • 19: 17 37:2,37:3,37:18 opinion ]']- 23:19 mesh (1]

- 19:1 nece.aary[21

4 32:14, number [121 16:21, opportunlty(,]- 5:9 met]2]- 31 :24, 38:5 37:13 17:25,18:11,20:20, order 12]

- 4:3, 8:9 machine [1]- 39:6 methane ].]- 27:1, need (6]

- 25:8, 32:4, 21:15,22:13,23:10, Ordinances (2)

- Macias 1'1- 15:24 27:12,27:18 32:5,36:18,37:6 27:12,30:1,33:7, 31:14,35:19 magnltude]2]- 8:10, method (']- 10:12 negative].]

- 20:11 34:9,37:11 othorwlse]'I- 8:22

19:25 methodologies 111· net(.]-10:11 numbers [21- 17:3. outolde].,- 14:10 maintain ]2]

- 31 :8, 17:21 never(1J

- 22:4 17:5 ! overall [1]

- 19:2

35:13

. methodology],]- new ].]- 6:18, 9:8, NW]2]-2:11,2:16 ozone 111- 7:23 maJo,!3]

- 19: 16, ! 17:12 9:18,15:1

19:17,25:18 : methodo(l]- 16:2 NewI16,-1:20,4:12, 

## 0 

## p mandated ]3]- 22:14, MEXICO(2]-1:7,39:1 5:18,6:21,7:19,**~---------** ----------

22:15,23:5 Mexico [16]

- 1 :20. 30:3,31:1,31:3, manufacturing (1]- 4:12,5:19,6:21, 31:20,31:21,34:17, oath ]21- 6:7, 15:20 p.m ('] - 1:20, 4:12,

7:15 7:19, 30:3, 31 :2, 35:6. 35:8, 35:25, objectlono 11]

- 29:21 29:23, 38: 17 Margaret 1']- 4:17 31 :3, 31 :20, 31 :22, 36:2.36:12 obtain 121- 7:11, 8:23 pege],]-12:20 MARGARET 11]

- 2:4 34:17,35:6,35:8, NEW]2]-1:8,39:1 obtaining 11]- 9:18 PAGE ]']- 2:18 MARKED/ADMITTED 35:25, 36:2, 38:13 nextI3]- 9:6,10:2 obviously [2]- 18:4, paneI12]-12:11,

]']- 3:1 mlght]2J -15:2. 16:14 night('1- 4:2 28:16 29:12 Matter],]-18:10 million ]'J

- 23:24 nlne]2]- 9:24, 17:9 OF]'1-1:3, 1:4, 39:1, Part12]

- 22:9, 28:8 MATTER ]']- 1:3 mind ]31-17:3,25:14, nitrogen 11)

- 7:22 39:3 part ]3]

- 15:6, 19:2, matter[9) - 1:16, 4:3, 25:25 NM 13]- 2:12,2:16, ollar ]2]- 29:13, 33:5 26:3

4:15,6:14,7:23, minor [1]

- 8:23 39:19 0Illca]3]- 9:4,18:15, partlculate(1]-7:23 30:1,34:10,39:13, modeling ]']

- 15:17 NMAC ]67]- 1:3, 1:4, 21:9 partles]21

- 4:23, 39:14 modifications [2/

- 1:4,1:5,1:8,1:6, omcer(14) • 1:17, 39:12 mean13j-15:14, 18:18,19:17 3:12,4:4,4:5,4:6, 4:14,6:10,13:7, partS]'I- 14:24

15:17,20:23 monitoring [31

- 16: 1, 6:15,6:16,6:18,

I 14:22, 15:22, 18:21, pa

.. ]']- 20:5 medium 1'1

- 9:3, 16:3,16:7 6:20,6:25,7:1,7:2, 19:18,20:9,21:19, pa••eeI2]

- 34:7,

21 :9,22:4,22:10, monltOr8[11- 15:15 7:16,7:18,8:24, 22:21, 25:23, 27:5, 38:16 24:1 monoxide [11

- 7:23 11:22,11:23,11:24, 28:18 PE ]']- 2:6 medlum--slze[1]- MONTHLY]1]

- 29:24 12:4, 12:6,30:2, OFFICER 1'1- 2:7 people],]- 14:3

21:9 Monthly (1J

- 2:24 30:3,30:25,31:1, 0Id]2]-13:18,14:24 per]"I- 7:24, 7:25, meet]21- 31:11, 35:16 moot(2]-17:9,20:20 31 :22, 31 :25, 32:8, Onco (1J

- 4:20 8:1,8:3,8:10,8:17, Meeting I']

- 2:24 motion ]61- 30:6, 32:13,32:17,32:18, once12]- 4:1, 23:2 9:1,10:10,10:14, meeting[11-5:11 30:7,33:20,34:7, 33:9,34:10,34:11, on8[15]- 5:21,12:21, 10:21,10:24,11:6, MEETING ]2] - 1:12, 34:19,38:18 34:12,34:14,34:16, 18:13,21:18,23:11, 19:13,20:25,21:1,

29:24 mouse (1]

- 21:7 35:1, 35:2, 35:4, 25:24, 28:7, 28:9, 21 :20, 22:8, 25:20, MemberI10j-12:17, moye (4) 25: 18, 35:5, 35:6, 36:3, 28:14,28:17,28:25, 28:11,28:12

14:22,20:10,27:5, 30:20, 30:24, 34:25 36:5,36:8,36:7,

I 30:9, 32:8, 36:20, periodically [11

- 30:10,33:3,33:18, moved [1]-12:9 36:9, 36:11, 38:20, 37:8 17:25 

## , 33:24, 38:1, 38:4 must [2] 5:18, 9:11 36:21, 36:22, 37:15, : OnOI7]-1:19,2:11, PERMIT],]-1:5 member[1]- 4:15 37:16,37:17,37:20, I 2:18, 17:21,21 :3, Permlt]'I- 6:19, 7:18, membera[4] 15:10, 37:21 I 31:19,35:25 34:15,35:5,36:10

19:6,29:10,29:12 NMSA]2]- 31 :4, 35:9 

## I oodleol'l- 27:1

. permit ]6]

- 8:6, 8:25, Members [41- 4:16, NOAH ].]

- 16:4
, open ]2J

- 23.5,30.16 18:13,25:21,26:1

._.. _-_.-.-.-- -_.-**------------~~-----~, -~----** 



### KATHY TOWNSEND COURT REPORTERS 

### 505-243-5018

### AQCB HEARING, 

### 12/8/10



### 6

- ---------- ..... ,-,------ -1------ Permits [111 4:5. pot.ntl.11y 1']- 24:19 1:6 35:19,35:20,36:2, : regulations '13]

6:16,7:1,7:19, pOW.,!2]- 7:14, 9:23 proposed 1131· 6:18, 36:3,36:13,36:23, I 5:18,8:2, 12:21, 11:23,34:12,35:2, pre.mbl.I'I- 22:9 6:21, 6:24, 7:2, 11 :9, 37:1,37:3,37:4 13:2,20:5,31:7, 36:7,36:22,37:17, prescribing 12]

- 12:21,30:15,32:8, Questions '4]

- 12:16, 31:10,31:15,32:15, 37:21 31:10,35:15 33:21,34:14,34:17, 19:6,29:10,29:11 35:12,35:15,35:21, PERMITS [']- 1:4 present [31- 4:16, 36:23,38:6 question. 1"]

- 5:5, 37:13**p.nnlt.],~** -7:12, 32:4,36:15 propo.lng 111-11:12 5:8,5:10,12:10, r.l.t.d [I]

- 33:5

8:18,8:19,8:23,9:7, pre.entatlon [31 • protected [1]- 26:14 12:20,15:10,20:1, r.l.tlv. ['1- 39:11 9:17,9:18, 10:3, 17:4,22:19,27:7 Prot.ctlon [2]

- 21 :23, 21 :12,24:17,29:8, RemarkS[1j-2:19 10:17,10:25,16:9, presented 14)

- 17:3, 26:4 29:16 REMEMBERED [1]- 16:16,20:20,21:8, 22:18,32:3,36:15 protection 12] - 25:4 qulckp]-12:20 1:15 23:15 prelly [31

- 19:23, provld.]'I- 25:3 quotel'l- 9:10 remind 1'1- 5:7 p.rm]tted 111- 9:21 24:21,29:9 provld.d ['(- 5:14, repeal (21- 31:7, P.rmlttlng 1'( - 28:2 prevent [3]

- 31 :9, 17:4,17:13,21:17, 

### R 35:12 permitting ]141-7:20, 35:14,36:18 27:6,29:4 ,-,,--,,_.--

- R.POrt.'!ll- 39:5

9:8,9:10,10:4,10:6, Prevention [12]

- 4:4. providing ['j-18:15 ral.ed[2]-11:16, ' R.portlng 121- 18:25, 10:18,10:19,11:5, 6:15,6:25,7:3, Provisions (10)- 4:6, 

### , 19:1 18:16,20:22,22:1, 11:22,22:3,34:11, 6:17,7:2,11:24, 23:18

, representative [1] • 25:12,26:17,28:2 35:1, 36:6, 36:20, 34:13, 35:3, 36:8, ration.I. [41- 22:8, 16:18 personal [2]- 39:7 I 37:16,37:20 36:22,37:18,37:22 22:23,23:6 reque.ted [1]

- 22:22

39:13 prevention /11

- 20:21 PROVISIONS [']

- 1:5 read [31- 33:23, 

### reque.ts (1)- 11 :20 P.tltlon ['] - 1:2, 3:3, PREVENTION I']

- 1:4 PSD [22]

- 7:1, 7:9, 34:23,37:8 r.qulr.[2]- 8:19,11:5

4:3,6:14,6:23,30:2, I prevlous(1)- 5:15 7:11, 7:20, 8:1, 8:3, re.dlng 111 - 22:9 required [']

- 7:3, 30:4,34:10 ; primarily [21-18:11, 8:18,8:19,9:7,9:13, r••lIy17]-14:15,16:1, 7:11,8:23,9:19, PETITION 11]-1:3 22:9 9:25, 10:3, 10:9, 21 :4, 25:2, 26:5, 32:20, 37:23 Petltlon.r11]

- 1:9 ' Procedures [2]

- 10:14,10:15,11:1, 26:9,27:20 requirement 121

- PFC.111- 8:7 31:23,36:3 20:20, 21 :8, 22:12, reason 111- 27:9 13:5,26:1 Ph."[1]-10:1 ,I proceed [1]

- 6:2 23:15,28:7,28:10 reasonably [2)- 32:4, requirements [12] • ph."[2]-11:1,19:24 Proceedlngsl11 • public 11']

- 4:9, 5:6, 36:16 9:13,10:6,10:9, ph•••• [2]

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- 8:24 17:1,26:2,31:11, plec. [2]- 17:14, 39:10 32:3,35:22,36:14 recelv.[2]- 6:5, 33:11 31:21,35:17,36:2

18:23 process**[~** - 20:23, Public [3]- 3:4, 3:7, r.c.lv.d 11]

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18:12,24:20

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- 23:2, 33:6 R••olutlon [41

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- 30:7,

31 :2, 34:18,35:7, 35:5,36:10 ' Pu.blo [I]

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### Q refined [1]· 18:4 respectively [3]

- PI

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- 22:24, 36:12,37:14 28:5,28:22 26:20 6:22,11:8,11:11, 23:1 I REVISION 121 - 1:5, pollution [31

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35:15, 36:18 Propos.d 112]

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### i r.gulated [']- 24:25 Roch.[2]-12:11, pot.ntl.1 [5]

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10:7,10:10,10:21, 12:2,32:11,36:25, 31 :22, 31 :23, 32:9,

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, ROCHA[21-14:8, 27:10 37:2,37:4 32:11,34:18,35:7, I 14:2,14:3,18:18, 14:12 Pot.ntlal ['1-7:13 35:8,35:10,35:13, I 22:20,25:3 room (1]

- 5:2 PROPOSED [2) - 1:5, I I

-- -- - ----- --------- ___ •

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### KATHY TOWNSEND COURT REPORTERS 505-243-5018

### AQCB HEARING, 12/8/10



### 7

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I 28:10,28:21. 10:4, 10:5, 10:8, Teltlmony [21

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24:24 9:24,9:25, 10:7, lubmltted 151- 12:4, therefore (21- 32:7, triggered 111- 9:8 .everal [1]-14:14 10:9, 10:16, 10:20, 12:6,32:1,36:9, 36:19 trlgge

.. 121- 7:21,8:5 SF6111- 8:8 10:23,10:25,11:1, 36:12 thinking (11- 24:18 true(ll- 39:8 Ihall(.)

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____l.-

________

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__ ___.

_____ 

### KATHY TOWNSEND COURT REPORTERS 505-243-501819:19


# u

U.S [1]- 21:17 unanimously [2]

-

34:8,38:16 Unde'l2[

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- 23:21,

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- 20: 16.

33:16


# v

vacant[11-13:21 value [1]

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4:10.31:17,35:23

,virtue [']

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22:25 

### AQCB HEARING, 12/8/10

vole [11- 33:23


# w

warrant 121- 32:5.

36:17 wayS[1j- 10:3 web[,]- 24:12 weblnara\'1-18:12 welghl]'I- 5:20 welfare [1]- 5:23 Whereaa [8]

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, wlah (']- 4:25

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I wording [1]- 14:1

Wright [1]- 5:1 wrlle[2]-16:16,23:15 writing 121- 24:3, 24:4


## y

yea,!28]- 7:6, 7:24.

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### -KATHYTOWNSEND COURT REPORTERS 505-243-5018 

### 8