State of New Mexicd<'

Office ofdie <governor Bill Richardson

Governor

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Dr. Alfredo Armendariz, Regional Administrator

U.S. Environmental Protection Agency, Region VI

1445 Ross Avenue, Suite 1200

Dallas, TX 75202-2733

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SUBJECT: Request for approval ofrevision to the New Mexico State Implementation Plan

(SIP) for air quality through the incorporation of an amended 20.11.1 NMAC, General

Provisions, and 20.11.61 NMAC, Prevention ofSignificant Deterioration, 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, General Provisions, and an

amended 20.11.61 NMAC, Prevention ofSignificant Deterioration. In addition, I am requesting

approval of an update to the Title V Program through the incorporation of an 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 of Significant 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 SIP revision and Title V Program update.

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

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 ofSignificant Deterioration and 20.11.42 NMAC, Operating Permits

5) Other supporting documentation

Your favorable consideration ofthis request would be appreciated. If you 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 LETTER FROM EHD DIRECTOR TO

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 of Signifi,·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 Act Amendments 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 included in 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 and Tide 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, General Provisions, 20.11.61 NMAC,

Prevention of 5ignifitant Deterioration 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 of an amended 20.11.1 NMAC, General Provisions, and 20.11.61 NMAC,

Prevention ofSignificant Deterioration; along with an update to the Title V Program by

incorporation of an amended 20.11.42 NMAC, Operating Permits; in furtherance ofthe

Greenhouse Gas Tailoring Rule.

December, 2010

SIP COMPLETENESS CHECKLIST

For regular processing

(Per 40 CFR 51 Appendix V)

2.1 Administrative Materials

(a) A fonnalletter ofsubmittal from the Governor or his designee, requesting

EPA approval ofthe plan or revision thereof(hereafter "the plan").

X YES NO N/A

The package is being sent to EPA with a formal submittal letterfrom the

Governor ofthe State ofNew Mexico.

(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

The Albuquerque-Bernalillo County Air Quality Control Board (AQCB)

amended 20.ll.1 NMAC, General Provisions, 20.ll.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 on the same evening. These

regulations werefiled with the New Mexico State Records Center

(NMSRC) on December 10, 2010, and become effective locally on January

10,20ll.

Attachment A contains the filed transmittalforms for 20.11.1 NMAC,

20.11.42 NMAC and 20.11.61 NMAC respectively, as required by State

Records Center, and signed by Board Chair Jens Deichman. The date of

transmittal is indicated by the date stamp at the top ofeach page.

Page I of5
(c) Evidence that the State has the necessary legal authority under State law to

adopt and implement the plan.

X YES NO -- N/A

The New Mexico Air Quality Control Act providesfor regulation at

74-2-5.1 NMSA 1978, Duties and powers ofthe department and the local

agency; andfor plan revisions at 74-2-5.2 NMSA 1978, State air

pollution control agency; specific duties andpowers ofthe department.

See:

http://www.conwaygreene.com/nmsu/lpext.dll?(=templates&tn=main-hith.htm&2.0

(d) A copy of the actual regulation, or document submitted for approval and

incorporation by reference into the plan, including indication of the

changes made (such as redline/strikethrough) to the existing approved

plan, where applicable. The submittal shall be a copy 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 of the 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

need to be in portable document format, rules need to be in text format and

files need to be submitted in manageable amounts (i.e. a file for each

section or chapter, depending upon size, and separate files for each distinct

document) unless otherwise agreed to by the State and Regional Office.

X YES NO N/A

A copy ofthe actual regulations submittedfor approval and incorporation

by reference into the plan or as an update to the program is shown for

20.lJ.1 NMAC, 20.lJ.42 NMAC and 20.lJ.61 NMAC respectively in

Attachment B. Attachment A 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 are fUlly enforceable.

These amended regulations will be published in the New Mexico Register

on December 30, 2010 (Vol. XXI, No. 24). See Attachment C.

(e) Evidence that the State followed all ofthe procedural requirements of the

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 Control Act 74-2-6C requires 3a-day notice.

See Hearing Exhibits AQD # 2a 2b, & 2c in Attachment D for evidence

that notices were published in the local newspaper and the New Mexico

Register. 20.11.82 NMAC requires that a Petition for Hearing be filed

as well as an NOl. These are also shown in Attachment D.

(f) Evidence that public notice was given of the proposed change consistent

with procedures approved by EPA; including the date of publication of

such notice.

X YES NO -- N/A

See AQD Exhibits #2a, 2b and 2c, in Attachment D. These provide

evidence that notices were published in the local newspaper and the New

Mexico Register. /n addition, notice was also provided in the form ofan

e-mail sent to the air quality listserve. The New Mexico Air Quality

Control Act at 74-2-6C NMSA 1978, Adoption of regulations; 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 statementfor the December 8,20/0, public hearing includes

information on the notice ofpublic hearing and instructions on how the

hearing will be conducted. See certified hearing record transcript in

Attachment E.

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

X YES NO N/A

See Attachment D containing AQD Exhibits 4 and 8 for comment(s), and

AQD Exhibits 7 and 9for responses (floor amendments).

2.2 Technical Support

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

..1LYES __NO N/A

These regulations apply to all regulatedpollutants.

Page 3 of5
(b) Identification of the locations of affected sources including the EPA attainment!

nonattainment designation of the locations and the status of the attainment plan

for the affected area(s).

---.X.. YES NO N/A

Bernalillo County is currently designated as an attainment area for co under a

Limited Maintenance Plan (LMP). This designation was published in the

Federal Register on July 21, 2005 [Vol. 70, No. 139. 41963-7].

The objective of20.11.42 NMAC, Operating Permits is To assure that major air

pollution sources within Bernalillo county obtain an operating permit setting

forth minimum requirements and conditions ofoperation pursuant to Title V of

the Clean Air Act Amendments of1990 [42 U.S.c. 7401, et seq.]. .

The objective of 20.11. 61 NMAC, Prevention of Significant Deterioration is to

minimize air pollutant emissions from new major stationary sources or major

modifications in areas classified as in attainment of the national ambient air

quality standards or determined to be unclassifiable pursuant to Section 107(d)

ofthe Act.

Therefore the sources affected by this regulation will include any new major

stationary sources or major modifications that meet the thresholds set out by the

Greenhouse Gas Tailoring Rule [FR Vol. 75, No. 106, 31514-31608].

(c) Quantification of the changes in plan-allowable emissions from the affected

sources; estimates of changes in current actual emissions from affected sources

or, where appropriate, quantification of changes in actual emissions from

affected sources through calculations 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 of the Act, a

revision must be submitted to provide for the maintenance of the national

primary ambient air quality standards for at least 10 years as required by section

175A ofthe Act.

---.X.. YES NO N/A --

Regulation amendments mirror Federal language, and do 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 of offsite

data (where used), modes of models used, assumptions, and other information

relevant to the determination of adequacy ofthe modeling analysis.

Page 4 of5
YES NO -K-N/A

(f) Evidence, where necessary, that emission limitations are based on continuous

emission reduction 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, or an explanation ofwhy such justifications are not necessary.

YES NO -K-N/A

Page 5 of5
ATTACHMENT A

Attachment A contains the transmittal forms required by the New Mexico

State Records Center to file a regulation or an amendment. The forms are

signed by AQCB Chairman Jens Deichman. Also included in Attachment

A are the officialfi1ed copies ofthe amended regulations (20. ll. 1 NMAC,

20.11.42 NMAC. & 20.11.61 NMAC). The date stamp at the top of each

transmittalform indicates the date offiling.
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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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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,4~\ceontact.Rer.Son -, " qt-", ~t :. i,; -r '1 - . :1, "".1" . "~"" .. ... ""'....... .~ ...;.... '.., .. " ':"

Name Neal Butt Ph # I(50S) 768- one 2660 IFAX 150S-76S-2617

E-mail nbutt@cabg.gov

yesD

.... '·.1. ' " "- ......

Repeal D Emergency 0

Public domainD

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). "",' .. ,=," ·r., "" '/' ".:.. ~., ,,"..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)"" ;: , ~- -: . 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, of 20.11.1.7 NMAC.

A. Abnormal operating conditionsfl means the startup or shutdown of air 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 of air pollutants,

that must comply with an applicable requirement.

D. "Air agencyfl, "departmentfl or "EHDfl means the environmental health department (EHD) of

the city of Albuquerque. 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 staff to 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 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 (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 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 actfl means the State of New 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 lacks jurisdiction.

I. ""Allowable emissions" means:

(I) 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 requested by the applicant and approved by the department or,

determined at the time ofissuance or renewal of a 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 that portion 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 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, ofthe federal

act;

(2) any term or condition of any pre-construction permit issued pursuant to regulations approved or

promulgated through ruIemaking under Title I, including parts C or D, of the federal act;

(3) any standard or other requirement:

(a) under Section III 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 ofthe federal act;

(d) for consumer and commercial products under Section I 83(e) of the federal act;

20.11.1 NMAC
(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 I 14(a)(3) of the 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 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. ~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, poor maintenance or careless operation are not breakdowns.

M. ~4Carbon monoxide'" or 14CO'" 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 28.0 I 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 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 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 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, local ordinance, 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 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 of an 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 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 ofBernalillo county are Bandelier wilderness, Pecos wilderness, and San

Pedro Parks wilderness.

AA. '''Fluid'' means either ofthe two states of matter, 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

of Title 40 ofthe CFR. as the aggregate group of six greenhouse gases: carbon dioxide nitrous oxide. methane,

hydrofluorocarbons. perfluorocarbons. and sulfur hexafluoride.

[~I DD, "Grain~ means that unit of weight, 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 of a class of aliphatic. cyclic.

or aromatic chemical compounds containing mostly hydrogen and carbon. Hydrocarbons are highly reactive in the

presence of nitrogen 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 of 34.07 g/mole.

[(;G,j HH. "Incinerator" means any furnace used in the process of burning 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 of animal 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 of 207.19 g/mole that is

hazardous to health if breathed or swallowed.

[KI'.) LL. "Malfunction" means any sudden and unavoidable failure of air 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 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:

(I) a change in ownen;hip ofthe 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 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 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 or raw material is caused by any natural

gas curtailment or emergency allocation or any other lack ofsupply of natural gas.

IMM.-] 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.

[!'IN.) 00. "Nitrogen dioxide" or "NO," 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.

[QG,j 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, NO" NO" N,O" and N,O,. Nitrogen oxides are also referred to as oxides of nitrogen.

[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 of any material without the following

characteristics: .

(I) control of combustion 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 of a source.

ISSr] TT. "Owner" means the person(s) who owns a source or part ofa source.

I+I.] UU. "Ozone or OJ" means a pungent, colorless gas composed of molecules containing three

atoms ofoxygen with a molecular weight of 48.0 g/mole.

20.1Ll NMAC 3
IW,] VV, "Part~ means the required NMAC designation for the normal division of a chapter. A

part consisL' of a unified body ofrule material applying to a specific function or devoted to a specific subject matter.

Structurally, a part is the equivalent of a 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 of a test performed as required

by the department to determine compliance.

IZln] AAA. ~Permit'" means any permit or group of pennits, 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.

[~I DDD, "Photochemical oxidants~ means an air pollutant, which is formed by the action of

sunlight on oxides of nitrogen and hydrocarbons.

IDDDrl EEE. "PM10 ", "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 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.

I~] 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.

(GbG.1 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.

IHHIIr) 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.

[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 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 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 of nitrogen.

IJJJ.! KKK. "Process equipment~ means any equipment used 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 of all materials introduced into any specific

process, which causes any discharge of air 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 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 th~

equipment is idle.

20.11.1 NMAC 4
IMMM, [Rese",'e,,]]

NNN. ~Regulated air pollutant~ means the following:

(I) any pollutant 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 of the federal act;

(3) any Class I or II substance subject to aoy staodard 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.

000. ~Re5ponsibleofficial~ means one ofthe 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 ofsuch person ifthe 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 second quarter 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 for the 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) ofthe federal act) in so far as

actions. staodards, requirements, or prohibitions under Title IV ofthe 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 ofoperation 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.

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 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 ofthe

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 condition5~ means the conditions existing at a temperature of 70' F (25' C) and

pressure of 14.7 psia (760 mmHg).

XXX. ~Standard cubic foot~ means a measure ofthe volume of one cubic foot ofgas at staodard

conditions.

YYY. ~~Startup'" means setting into operation any air pollution control equipment, or process equipment.

ZZZ. ~Stationary 50urce~ means any building, structure. facility or installation, which is either

permanent or temporary, excluding a private residence, that emits or may emit any regulated air pollutant or any

pollutaot listed under Section I I2(b) of the 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 if they belong to the same industrial grouping, are located on one or more

20.1 1.I NMAC 5
contiguous 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 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 applicable north american industry

classification system (NAlCS) code.

AAAA. ""Sulfur dioxide" or ""S02" means a pungent, colorless, poisonous gas composed of molecules

containing a single atom ofsulfur and two atoms of oxygen with a molecular weight of 64.07 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 of a 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 of vision.

FFFF. "Volatile organic compounds" or ~VOc" means any compound of carbon, 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 sulfur bonds only to

carbon and fluorine.

(2) For purposes of detennining 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 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 owner or operator to provide monitoring or testing methods and results

20.11.1 NMAC 6
demonstrating, to the satisfaction of the 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 ofthe act, or under 40 CFR Part 51, Subpart I or Appendix S, or under 40 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 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 for purposes 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 ofRegulations, Title 17, Division J, Chapter I, Subchapter 8.5,

Article J), any organic compound in the volatile portion of an 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) 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 in the volatile portion of an 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 of 20.11.1.7 NMAC as

negligibly reactive and excluded from EPA's definition ofVOC are to be counted towards a product's reactivity

limit for the purposes of determining 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 of federal regulations

CO,-carbon dioxide,

CO-carbon monoxide.

COG-mid-region council of governments

CMAQ-congestion ntitigation and air quality

eu, In.-cubic inch(es)

DER-discrete emission reduction

DOE-department of energy

DOT-U.S, department oftransportation

DPM-development process manual

20.1 J.l NMAC 7
DRB-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 of origin

/lg-microgram

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

mg-milligram(s)

mg/m

3

-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

20.11.1 NMAC

8
MRCOG-mid-region council of governments

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 of standards and technology

NM-New Mexico

NMAC-New Mexico administrative code

NMSA-New Mexico statutes annotated

NO-nitric oxide

NO,-nitrogen dioxide

NOx-oxides of nitrogen

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 9
SAE-society of automotive 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 of units

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

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

No Yes Please list att;Jchments

and Internet site(s} if

applicable

1.

2

Public domainD

,16 ':legal'citation.(s):that allQws:the I$Suing.Agencyr.to·'tegulate.andJ:he Issuing Autf71irltyto'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 (Delegated authority'must.be.onfile) . . .•• t·. ),~. . ",' '. '. ' •• t • • " t '-r .

Name:

Title:

Mr. Jens Deichmann Check if delegated

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 of the 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 of Ihe 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 matter, which is emitted into or otherwise, enters the ambient air. Such tenn 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 (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 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 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 of permit issuance but have future-effective compliance dates):

(I) 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 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 of any 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 longer pertinent;

(3) any standard or other requirement under Section III ofthe federal act, including Section III(d);

(4) any standard or other requirement under Section 112 ofthe federal act, including any requirement

concerning accident prevention under Section 112(r)(7) ofthe federal act;

(5) any standard or other requirement ofthe 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) ofthe federal act;

(7) any standard or other requirement under Section I26(a)(I) and (c) ofthe federal act;

(8) any standard or other requirement governing solid waste incineration under Section 129 ofthe

federal act;

(9) any standard or other requirement for consumer and commercial products, under Section 183(e)

ofthe federal act;

(10) any standard or other requirement for tank vessels under Section 183(!) of the federal act;

(11) any standard or other requirement ofthe program to control air pollution from outer continental

shelfsources, under Section 328 ofthe federal act;

(12) any standard or other requirement 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 V permit;

(13) any national ambient air quality standard, or any increment or visibility requirement under Part

C of Title I ofthe federal act, but only as it would apply to temporary sources permitted pursuant to Section 504(e)

of the federal act; and

(14) any regulation adopted by the board in accordance with the 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 depanment 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.

20.11.42 NMAC
H. "Emission limitation" means a requirement established by EPA, the board, or the department,

that limits the quantity, rate or concentration, or combination thereof, of emissions ofregulated air pollutants on a

continuous basis, including any requirements relating to the operation or maintenance of a 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 of a stationary source that emits or has the potential

to emit any regulated air pollutant or any air pollutant 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 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 stac~

chimney, vent, or other functionally equivalent opening.

O. uGeneral permit" means an operating pennit 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\ ofChapter!

of Title 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 industrial classification 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 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) ofthe

federal act, 25 tons per year or more of any combination ofsuch hazardous air pollutants, or such lesser quantiry 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 shaH 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 defmed in Section 302 ofthe 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 offugitive emissions of any such pollutant, as determined by rule by the administrator). The fugitive

emissions of a stationary sOurce shall not be considered in detennining whether it is a major stationary source for the

purposes of Section 302(j) ofthe act, unless the source belongs to one of the 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 of charging 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) sulfur recovery plants;

(0) carbon black plants (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 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 III or 112 of the federal act.

(3) A major stationary source as defmed in Part D ofTitle I ofthe federal act, including:

(a) for ozone non-attainment areas, sourceS with the potential to emit 100 tons per year or more

of volati Ie 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 [P.] S of20.11.42.7

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 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 of volatile 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 (PMIO) non-attainment areas classified as "serious", sources with the

potential to emit 70 tons per year or more ofPMIO•

r&J 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.

['I'.J U. "Operator" means the person(s) responsible for the overall operation of a facility.

[Y.] V. "Owner" means the person(s) who owns a facility or part of a facility.

[V. !\,eo_eEl.]

w. "'Permit modification" means a revision to an operating perinit that meets the requirements of

significant permit modifications, minor permit 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 of a 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 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 ofoperation 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 10 emit for nitrogen dioxide shall be based on total oxides of nitrogen.

AA, "Proposed permitfl means the version ofa permit that the department proposes to issue and

forwards to the administrator for review 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 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; [""]

(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; if the

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 pollutant for which the requirements of Section 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;..QJ:

(6) any other pollutant "subject to regulation" as defined in Subsection II of 20. I1.42.7 NMAC.

Cc. "Renewalfl means the process by which a permit is reissued at the end ofits term.

DD. "Responsible officialfl means one ofthe following:

(I) For a corporation: a president, secretary, treasurer, or vice-president ofthe 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 ofsuch 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 second quarter 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 for the overall operations of a principal geographic unit of

the agency (e.g., a regional administrator of EPA).

(4) For an acid rain source:

(a) the designated representative (as defmed in Section 402(26) of the federal act) in so far as

actions, standards, requirements, or prohibitions under Title IV 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)(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 of operation of any air pollution control equipment, process

equipment or process for any purpose.

GG. "Startup" means the setting into operation ofany air pollution control equipment, process

equipment or process for any purpose.

HH. 14Stationary 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) ofthe federal act.

20.11.42 NMAC 4
20.11.42.12

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 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 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 of emissions (toyl. for each of the six greenhouse gases in the

pollutant GHGs. by the gas's associated global warming ootential published at Table A-I to Subpart A of 40 CFR

Part 98. Global Wanning Po/entia/so and summing the resultant value for each to compute a toy C02e.

[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 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 - 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 a 20.11.42 NMAC source, [6£ as estaelisbea iB tfie t:FansitiBB Sehe81:He eUtHMe. iR

Suep&Fllgfiljlll (Il), af 1'&Fllgfiljl1l (2), af Sueseotian A af 29.11 042.12 ~lJI4."C aelaw];

(ii) for purposes of permit renewal, one that is submitted at least 12 months prior to the

date of pennit expiration;

(iii) for the acid rain portion of permit 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 a 2Q.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 siR meRtbs Mter the effeeri·....e Bate fer steFage sf g&8s1ine mSlatisBlWY

ssRtaiBers ha'o·ing greater thEm 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 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 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 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 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 of a draft permit.

(d) The applicant's ability to operate without a permit, as set forth in Subparagraph (b), of

Paragraph (I), 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 ofthe pennit application, or

20.11.42 NMAC 5
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 of major 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, if different, 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 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 by the 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 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] R of20.11.42.7 NMAC); this shall

include:

(i) a process flow sheet of all components ofthe facility which would be involved in

routine operations and emissions;

(ii) identification and description of all emission points in sufficient detail to establish the

basis for fees and applicability ofrequirements 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 regarding fuels, fuet 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 for all

control efficiencies presented, of air pollution control equipment and 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) other relevant 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 of all applicable air pollution control requirements,

including:

(i) sufficient information related to the emissions ofregulated air pollutants to verify the

requirements that are applicable to the source; and

(ii) a description ofor 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;

20.11.42 NMAC 6
(i) provide other specific information that may be necessary to implement and enforce other

requirements of the 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), of Paragraph (2),

of Subsection 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 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 any

New 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 defmed in 40 CFR 52.2 I(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 of compliance, including:

(i) a certification, by a responsible official consistent with Paragraph (5), of Subsection A

of 20.11.42.12 NMAC ofthe 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 marmer 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 armually, or more frequently ifspecified 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 ofthe federal act;

(I) for sources that are not in compliance with all applicable requirements at the time of permit

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 of how the source will achieve compliance with such

requirements for which it is not in compliance;

(iii) a schedule ofremedial measures, including an enforceable sequence of actions with

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 certified progress reports no less frequently than every

six months; and

(v) for the portion of each acid rain source subject to the acid rain provisions ofTitle IV

ofthe federal act, the compliance plan content requirements 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 ofthe 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 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 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 ofsuch

information directly to the administrator.

(3) An operating permit is a public record, and not entitled to protection under Section 114(c) of the

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

of permit issuance or as specified in the approved schedule of compliance. 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 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 ofthe various permit

requirements in the event of a 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 20.11.2 NMAC, Fees;

(vi) for purposes ofthe 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 ofthe permit; any permit

noncompliance is grounds for enforcement action; in addition, noncompliance with federally enforceable permit

conditions constitutes a violation ofthe 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 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 of a request by the permittee for a permit modification, revocation and

reissuance, or termination, or of a notification of planned changes or anticipated noncompliance shall not stay any

pennit condition;

(v) the permit does not convey any property rights of any 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 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 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 or under any ofits

applicable requirements, including any provisions designed to lintit a source's potential to emit, are enforceable by

the administrator and citizens under the federal act. The permit 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 ofits applicable requirements.

(I) 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

20.11.42 NMAC 8
(g) The department may include part or all of the 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 of whether the source category in question is included in the list ofsources

contained in the definition of major source.

(i) The acid rain portion of operating 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 of the 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 a pennit

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 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 of the 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), 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 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 of sampling or measurement.

(b) Records of all monitoring data and support information shall be retained for a period of at

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 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 ofthe permit and all applicable requirements, including:

(a) submittal ofreports of any required monitoring at least every six months; the reports shall

be due to the department within 45 days of the end ofthe pennittee'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 pennit requirements.

including the date, time, duration and probable cause ofsuch deviations. the quantity and pollutant type of excess

20.11.42 NMAC 9
emissions 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 of the start ofthe 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 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 of each 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 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 of the

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 or parameters for the purpose of assuring

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), 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 ifspecifIed 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 of20.11.42.12 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 in the schedule of compliance were not or will not

be met, and any preventive or corrective measures adopted;

(c) include such other provisions 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 a pennit 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 tenns oftotal emissions).

(ii) For each 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 permit term 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 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 ofthe permit remain fully enforceable.

20.11.42 NMAC 10
•

(b) Emissions trading witbin a facility.

(i) The department shall. if an applicant requests it, issue pennits that contain tenns 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 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. If applicable 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) For each 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 of the federal act and

relevant permit.

(8) Off-permit changes.

(a) Permittees are allowed to make, without a permit modification, changes that are not

addressed or prohibited by 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

of eacb 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 of a 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 of permit 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 significant permit 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 permit that does not expressly state that a pennit 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 of Section 303 ofthe federal act- Emergency Powers, including the

authority ofthe administrator under Section 303, or the provisions ofthe 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 applicable

requirements prior to or at the time of permit 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 of EPA to obtain information from a source pursuant to Section 114 ofthe

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 extended past

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 of20.1 1.42.12 NMAC. and to all terms and conditions under each operating scenario included pursuantlo

Subparagraph (e), of Paragraph (I), of Subsection C of20.11.42.12 NMAC.

(f) The permit shield shall not extend to administrative pennit amendments under Paragraph

(I), of Subsection E of20.11.42.13 NMAC, to minor pennit modifications under Paragraph (2), of Subsection E of

20.11.42.12 NMAC, to section 502(b)(10) changes under Subparagraph (a), ofParagraph (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:

(I) Issuance of general permits.

(a) The department may, after notice and opportunity for public participation and EPA and

affected program review, issue a general pennit 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 ofthe 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 ofParagraph (4), of Subsection 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 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 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 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 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, or other 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 of emissions that exceeded the emission standards or other requirements in the pennit; and

(d) the permittee fulfilled notification requirements under Subparagraph (b), of Paragraph (5),

of Subsection C of20.11.42.12 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 20.1l.42 NMAC sources shall not be 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 11.42.1.12 & 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 ,.' . " , - " . . 1..2. IAQencv.'CodeJDFAl 0 , . .' ,

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- IFAX 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 domainD

2

1. PleaSe list atblchments

and Internet site(s) if

applicable

Amendment

7 / 28 7 10

No Yes

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 (Delegated authoritymust'be on file) • • I '.. ,_ .. ...... .•• ," , .'•• _ • • • ...

Name:

Title:

Mr. Jens Deichmann Check ifdelegated

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 af 2G.ll.61 ~IMAC is] To minimize air pollutant emissions from

new major stationary sources or major modifications in areas classified as in attainment ofthe national ambient air

quality standards 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 740 I 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 Paragmphs (2) through (4) of Subsection B of 20.11.61.7

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 of a 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 of normal source opemtion. The department shall allow the use of a different time

period upon a determination that it is more representative of normal source opemtion. Actual emissions shall be

calculated using the unit's actual opemting 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 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 administrator ofthe U.S. environmental protection agency (EPA) or

an authorized representative.

D. "Adverse impact on visibility" means visibility impairment which interferes with the

management, protection, preservation, or enjoyment ofthe visitor's visual experience ofthe federal class I area.

This determination must be made on a case-by-case basis taking into account the geogmphic extent, intensity,

duration, frequency, and time ofthe visibility impairments and how these factors correlate with the following:

(I) times of visitor 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 of a proposed major stationary source or major modification tbat interferes with the management,

protection, preservation, or enjoyment ofthe air quality related values of a federal class I area.

F. "Allowable emissions" means the emissions rate ofa stationary source calculated using the

maximum rated capacity ofthe source (unless the source is subject to federally enforceable limits which restrict the

opemting mte, or hours ofoperation, or both) 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 or improvements to existing highways and roads to increase

capacity, new parking facilities or improvements to existing parking facilities to increase capacity, service

enhancements to ground and air public transportation to include the building of new public transportation facilities

20.11.61 NMAC
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)(I)(D) or (E) oflhe act.

I. "Baseline actual emissions" means the rate of emissions. in tons per year, ofa regulated new

source review pollutant, as detennined in accordance with Paragraphs (1)-(4) of Subsection 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

operator begins acrnal construction ofthe project. The depanment shall allow the use of a 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 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 detennining annual emissions, in ton.. per year, and for adjusting this amount if required

by Subparagraph (b) ofParagraph (I) of Subsection 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 owner or operator within the 10 year period immediately preceding

either the date the owner or operator begins actual construction ofthe project, or the date a complete permit

application is received by the department for a permit required either under 20. 11.61 NMAC or under a plan

approved by the administrator, whichever is earlier, except that the 10 year period shall not include any period

earlier than November 15,1990.

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

associated with 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,

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, 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 if required

by Subparagraphs (b) and (c) of Paragraph (2) of Subsection I of20.11.61.7 NMAC.

(3) For a new emissions unit, the ba..o;;eline actual emissions for purposes of determining the emissions

increase that will result from the initial construction and operation ofsuch unit shall equal zero; and thereafter, for

all other purposes, shall equal the unit's potential to emit.

(4) For a PAL for a stationary source, the baseline actual emissions shall be calculated for existing

electric utility steam generating units in accordance with the procedures contained in Paragraph (1) of Subsection I

of20.11.61.7 NMAC, for other existing emissions units in accordance with the procedures contained in Paragraph

20.11.61 NMAC 2
(2) of Subsection I of20.1 1.61.7 NMAC, and for a new emissions unit in accordance with the procedures contained

in Paragraph (3) of Subsection I of 20. 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 act cannot intersect or be smaller

than the area ofimpact of any major stationary source or major modification which:

(a) establishes a minor source baseline date; or

(b) is subject to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166, and

would be constructed in the same state as the state proposing the redesignation;

(3) Any baseline area established originally for total suspended particulates (TSP) increments shall

remain in effect and shall apply for purposes of determining the amount of available PM" 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 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) of Subsection K of 20.1 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 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 ofthe change.

M. "Best available control technology (BACT)" means an emissions limitation (including a visible

emission standard) based on the maximum degree ofreduction for each regnlated 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, detennines 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

ofsuch 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 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 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 ofthe pollutant emining activities which

belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under

the control ofthe same person (or persons under common control) except the activities of any vessel. Pollutantemitting activities shall be considered as part ofthe same industrial grouping if they belong to the same "major

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

manual, 1972, as amended by the 1977 supplement (U. S. government printing office stock numbers 4 I0 I-0066 and

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

20.11.61 NMAC 3
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 preconstfUction approvals or pennits and either has:

(1) begun, or caused to begin, a continuous program of actual 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 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 ofthe 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 ofan emissions unit) that would result in a change in

emissions.

S. "Continuous emissions monitoring system (CEMS)" means all ofthe equipment that may be

required to meet the data acquisition and availability requirements of 20.11.61 NMAC. to sample, condition (if

applicable), analyze, and provide a record of emissions on a continuous basis.

T. ~Continuousemissions rate monitoring system (CERMS)" means the total equipment required

for the determination and recording ofthe pollutant mass emissions rate (in terms of mass per unit oftime).

U. ~Continuous parameter monitoring system (CPMS)" means all ofthe equipment necessary to

meet the data acquisition and availability requirements of 20.11.61 NMAC, to monitor process and control device

operational parameters (for example. control device secondary voltages and electric currents) and other information

(for example, gas flow rate, 0, 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 of providing steam to a steam-electric generator that would produce electrical

energy for sale is also considered in determining the electrical energy output capacity ofthe affected facility.

Y. "Emissions unit" means any part of a 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. For purposes 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) 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:

(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. ~Greenbousegases" 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 of a

source's stack.

1DD.) EE. "Indian governing body~ means the goveming body of any tribe. band. or group of

Indians subject to the jwisdiction of the United States and recognized by the United States as possessing power of

self-government.

[1;1;,1 FF. "Innovative controltechnology~means any system of air pollution control that bas 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.

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 of emissions based on the following:

(I) the most stringent emissions limitation which is contained in the implementation plan of any state

for such class or category ofstationary source, unless the owner or operator ofthe proposed stationary source

demonstrates that such limitations are not achievable; or

(2) the most stringent emissions limitation which is 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 of this term permit a

proposed new or modified stationary source to emit any pollutant in excess ofthe amount allowable under an

applicable new source standard of performance.

1HH.111. "Major modification~

(I) Means any pbysical change in or change in the method of operation of a major stationary source

that would result in: a significant emissions increase of a regulated 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 a major

stationary source that is significant for volatile organic compounds or oxides of nitrogen shall be considered

significant for ozone.

(3) A physical change or change in the method of operation shall not include:

(a) routine maintenance, repair. and replacement;

(b) use of an alternative fuel or raw material by reaSOn of an order under Section 2(a) and (b) of

the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a

natural gas curtailment plan pursuant to the Federal Power Act;

(c) use of an alternative fuel by reason of an order or rule under Section 125 ofthe 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 Jannary 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;

(I) an increase in the hours of operation or in the production rate, unless such change would be

prohibited under any federally enforceable permit condition which was established after Jannary 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 qualiry

standards during the project and after it is terminated;

(i) the installation or operation of a permanent clean coal technology demonstration project that

constitutes repowering, provided that the project does not result in an increase in the potential to emit of any

regulated new source review pollutant emitted by the unit; this exemption shall apply on a pollutant-by-pollutant

basis; or

(j) the reactivation of a very clean coal-fIred electric utility steam generating unit.

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) of Subsection 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 of nitrogen dioxide, February 8, 1988.

IJ.J.) KK. "Major stationary source"

(I) means;

(a) any stationary source listed in Table I 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 Paragraph

(I) of Subsection [ll] KK of 20.11.61.7 NMAC, any stationary source which emits, or has the potential to emit, 250

tons per year or more of any regulated 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 of nitrogen shall be

considered major for ozone.

(3) The fugitive emissions of a stationary source shall not be included in determining whether it is a

major stationary source, unless the source belongs to one ofthe stationary source categories found in Table I of

20.11.61.26 NMAC or any other stationary source category which, as of August 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 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) 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 of a major stationary source, the pollutant would be emitted in significant

amounts, or in the case ofa major modification, there would be a significant net emissions increase ofthe pollutant.

(3) Any minor source baseline date established originally for the TSP increments shall remain in

effect and shall apply for purposes of determining the amount of available PM" 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 PM" emissions.

[MM.] NN. "Natural conditions" includes naturally occurring phenomena that reduce visibility as

measured in terms of visual range, contrast or 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 of 20.11.61.11 NMAC; and

(b) any other increases and decreases in actual emissions at the major stationary source that are

contemporaneous with the particular change and are otherwise creditable; baseline actual 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) of Paragraph (I) and Subparagraph (d) of Paragraph (2) of Subsection 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 if it occurs between:

(a) the date five yean prior to the commencement of construction On the particular change; and

(b) the date that the increase from the particular change occurs.

(3) An increase or decrease in actual emissions is creditable only if:

(a) it occurs between:

(i) the date five years prior to the commencement of construction on the particular

change; and

(ii) the date that the increase from the particular change occurs; and

(b) the department has not relied on it in issuing a permit for the source under regulations

approved pursuant to 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 of maximum allowable increases remaining available.

(5) An increase in actual emissions is creditable only to the extent that the new level of actual

emissions exceeds the old level.

(6) A decrease in actual emissions is creditable only to the extent that:

. (a) the old level of actual emissions or the old level of allowable emissions, whichever is lower,

exceeds the new level of actual emissions;

(b) it is enforceable as a practical matter at and after the time that actual construction on the

particular change begins; and

(c) it has approximately the same qualitative significance for public health and welfare as that

attributed to the increase from the particular change; and

(7) an increase that results from a physical change at a source occurs when the emissions unit on

which construction occurred becomes operational and begins to emit a particular pollutant; any replacement unit that

requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days.

(8) Paragraph (2) of Subsection B 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 ambientair quality 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 of a stationary source to emit a

pollutant under its physical and operational design. Any physical or operational limitation on the capacity ofthe

source to emit a pollutant, including air pollutant control equipment and restrictions on hours of operation or on the

type or amount of material combusted, stored, or processed, shall be treated as part ofits design ifthe limitations or

the effect the limitation would have on emissions is federally enforceable. Secondary emissions do not count in

detennining the potential to emit of a stationary 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 other information (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 unit1s design capacity or its potential to emit that regulated new source 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

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 of business activity, the company's filings with the state or federal regulatory authorities, and compliance

plans under an approved SIP; and

(b) shall include fugitive emissions to the extent quantifiable and emissions associated with

startups, shutdowns, and malfunctions; and

(c) shall exclude, in calculating any increase in emissions that results from the particular

project, that portion 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 of using the method

set out in Subparagraphs (a)-(c) of Paragraph (2) of Subsection [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) of Subsection [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 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 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 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 PM,., 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 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

of 20.11.61.7 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) of Subsection WW of20.11.61.7 NMAC,

the term "regulated NSR pollutant" shall not include any or all hazardous air pollutants either listed in Section 112

of the act, or added to the list pursuant to Section 112(bj(2) of the act, and which have not been delisted pursuant to

Section 112(b)(3) ofthe act. unless the listed hazardous air pollutant is also regulated as a constituent or precursor of

a general 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 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 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 of 40 CFR 60.15(b)(I), or the

emissions unit completely takes the place of an 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) of the process unit.

(4) The replaced emissions unit is permanently removed from the major stationary source, otherwise

permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter. If

the replaced emissions unit is brought back into operation, it shall constitute a new emissions unit.

[~] YY. "Secondary emissions" means emissions which occur as a result of the construction or

operation of a major stationary source or major modification, but do not come from the major stationary source or

major modification itself. For the purpose of 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 ofthe construction or operation ofthe major stationary source or major

modification. Secondary emissions do not include any emissions which come directly from a mobile source, such as

emissions from the tailpipe of a motor vehicle, from a train, or from a vessel.

[¥¥OJ ZZ. "Signifieant" means:

(I) in reference to a net emissions increase or the potential of a source to emit any ofthe pollutants

listed in Table 2 of 20.11.61.27 NMAC, a rate of emissions that would equal or exceed any ofthe corresponding

emission rates listed in Table 2 of20.11.61.27 NMAC;

(2) in reference to a net emissions increase or the potential ofa source to emit a regulated new source

review pollutant that Paragraph (I) of Subsection [¥¥] ZZ of 20.11.61.7 NMAC, does not list, any emissions rate;

and

(3) notwithstanding Paragraph (I) of Subsection [¥¥] ZZ of 20.1 1.61.7 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 I lIg/mJ

(24-hour average).

[~I AAA. "Significant emissions increase" means, for a regulated 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

Chapter I of Title 40 ofthe CFR, that requires actual control ofthe quantity of emissions ofthat 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:

(j) Greenhouse gases fGHGs) shall not be subject to regulation except as provided in Paragraphs (4)

and (5) of Subsection CCC of20.11.61.7 NMAC.

(2) Forpurooses ofParagraphs (3) through (5) of Subsection 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 of emissions 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

Chapter I of Title 40 ofthe CFR - Global Warming Potentials;

fb) sum the resultant value from Subparagraph fa) ofParagraph (2) of Subsection 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) of Subsection CCC of 20.11.61.7

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 of 20.11.61.7 NMAC and

Subsection ZZ of 20.11.61.7 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 of applying the value in Table 2 of 20.11.61.27 NMAC.

(4) Beginning January 2. 2011. the pollutant GHGs is subject to regulation if:

(a) the stationary source is a new major stationary source for a regulated NSR pollutant that is

not GHGs, and also will emit or will have the potential to emit 75,000 toy COle or more; or

(b) the stationary source is an existing major stationary source for a regulated NSR pollutant

that is not GHGs. and also will have an emissions increase ofa regulated NSR pollutant. and an emissions increase

of 75,000 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) 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 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 of operation 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 of operations.

[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 of carbon, excluding

carbon monoxide, carbon dioxide, 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 administrator designates 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 of any new major stationary

source or any project at an existing major stationary source in an area designated as attainment or unc1assifiable.

B. The requirements of Sections 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 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 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 a permit 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 of 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 ifit causes a significant emissions increase and a significant net emissions increase. The project is

not 8 major modification ifit does not cause a significant emissions increase. Ifthe project causes a significant

emissions increase, then the project is a major modification only if it also results in a significant net emissions

increase.

(2) The procedure for calculating (before beginning actual construction) whether a significant

entissions increase (Le.• the first step ofthe process) will occur depends upon the type of emissions urtits being

modified, according to Paragraphs (3) through (4) of Subsection 0 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 (Le., the second step ofthe process) is contained in the definition in Subsection [00] PP of

20.11.61.7 NMAC. Regardless of any such preconstruction projections, a major modificalion results if the project

causes a significant emissions increase and 8 significant net emissions increase.

(3) Actual'lo-projecled,actuaI applicability lesl for projecls Ihat only involve exisling 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 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 of a new emissions

unil(s). A sigrtificant emissions increase of a 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 of emissions unils. A significant

emissions increase of a 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) of Subsection 0 of

20.11.61.11 NMAC as applicable with respect to each emissions unit. for each type of emissions unit equals or

exceeds the significant amount for that pollutant.

E, For any major stationary source for a PAL for a regulated 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 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 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 if construction is not commenced within 18 months

after receipt ofsuch approval, if construction is discontinued for a period of 1g 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 ofthe

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) ofParagraph (6) of Subsection E of 20.1 1.6 l.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) 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 ofsuch pollutant and the owner or operator elects to use the method specified in Paragraphs (I) through (3)

of Subsection [00] VV of 20.11.61.7 NMAC for calculating projected acmal emissions.

(I) Before beginning actual construction of the 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 of emissions excluded under Paragraph (3) of Subsection [OO]VV of 20.11.61.7

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

(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) of Subsection E

of 20.11.61.12 NMAC to the department. Nothing in Paragraph (2) of Subsection E of 20.11.6l.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 of any regulated 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) of Subsection E of20.11.61.12 NMAC; and calculate and maintain a record ofthe annual

emissions, in tons per year on a calendar year basis, for a period offive years following resumption ofregular

operations after the change, or for a period of 10 years following resumption ofregular operations after the change if

the project increases the design capacity or potential to emit ofthat regulated new SOurce review pollutant at such

emissions unit. For purposes ofParagraph (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 ofthe source categories listed in Table I

of 20.11.61.26 NMAC or if the emissions unit is located at a major stationary source that belongs to one of the listed

source categories.

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

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

Subparagraph (c) ofParagraph (I) of Subsection E of20.11.61.l2 NMAC setting out the unit's annual emissions

during the calendar year 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) of Subsection E of20.l 1.61.12 NMAC, exceed the baseline actual emissions (as documented and

maintained pursuant to Subparagraph (c) of Paragraph (1) of Subsection E of 20.1 1.61.12 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 (I) of Subsection 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 of the major stationary source;

(b) the annual emissions as calculated pursuant to Paragraph (3) of Subsection E of 20.1 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 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 [~] AAA of 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 [W] VV of 20.11.61.7 NMAC, sums to at least 50 percent of the amount that is a

"significant emissions increase," as defmed under Subsection [~] AAA of 20.1 1.6I.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 ofthe 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, 1/10111]

20.11.61.20 ACTUALS PLANTWIDE APPLICABILITY LIMITS (PALs)

A. Applicability.

(I) 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 in Or change in the method of operation of a major stationary source that

maintains its total source-wide emissions below the PAL level, meets the requirements of 20.1 1.61.20 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 provided under Subparagraph (c) of Paragraph (2) of Subsection A of 20.1 1.61.20

NMAC, a major stationary source shall continue to comply with all applicable federal or state requirements,

emission limitations, and work practice requirements that were established prior to the effective date of the PAL.

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 of all 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 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 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 of 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 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. 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 ifthe emissions unit is located in a seriolls

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 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 PAL permit. 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 of operation 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 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.

(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) of Subsection B of 20.11.61.20 NMAC.

C. Permit application requirements. As part ofa permit application requesting a PAL, the owner

or operator of a major stationary source shall submit the following information to the department for approval.

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

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

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

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

emissions are to include emissions associated not only with operation ofthe unit, but also emissions associated with

startup, shutdown, and malftmction.

(3) The calculation procedures that the major stationary source owner or operator proposes 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 of establishing 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 of 20.11.61.20 NMAC.

20.11.61 NMAC 13
(c) The PAL pennit 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.

(I) 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 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 of a PAL

pennit 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 IO-year aeluals PAL level.

(I) Except as provided in Paragraph (2) of Subsection F of20.11.61.20 NMAC, the actuals PAL level

for a major stationary source shall be established as the sum of the 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 of 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 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) of any applicable federal or state

regulatory requirement(s) that the department is aware of prior to issuance ofthe PAL permit. For instance, ifthe

source owner or operator will be required to reduce emissions from industrial boilers in half from baseline emissions

of 60 ppm NOx to a new rule limit of 30 ppm. then the pennit 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 consltucted units (which do not include modifications to existing units) on which

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

Paragraph (I) 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 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 if a major stationary source owner or operator applies to

renew a PALin accordance with Subsection J of20.11.61.20 NMAC before the end of the PAL effective period,

then the PAL shall not expire at the end of the PAL effective period. It shall remain in effect until a revised PAL

permit is issued by the department.

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

startups, shutdowns and malfunctions.

(5) A requirement that, once the PAL expires, the major stationary source is subject to the

requirements of Subsection I of 20.11.61.20 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 12-month rolling total for each

month as required by Paragraph (I) of Subsection C of 20.11.61.20 NMAC.

(7) A requirement that the major stationary source owner or operator monitor all emissions units in

accordance with the provisions under Subsection M 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 retained in an electronic format.

(9) A requirement to submit the reports required under Subsection N of 20.11.61.20 NMAC by the

required deadlines.

20.11.61 NMAC 14
(10)

H.

(I)

(2)

Any other requirements 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 a more accurate detennination of emissions 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 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 fedeml 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 pmctical matter. and that the

department may impose on the major stationary source under the plan; and to reduce the PAL if the department

detennines 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 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) 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 ofthe PAL effective period, and the requirements in

Subsection I of 20.11.61.20 NMAC shall apply.

(I) Each emissions unit, or each group of emissions 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) 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, 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. If the PAL had not yet been adjusted for an applicable requirement that

became effective during the PAL effective period, as required under Paragmph (5) of Subsection J of20.1 1.61.20

NMAC. such disnibution shall be made as if the 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 department may approve the use of monitoring systems (source testing. emission factors, etc.) other than

CEMS, CERMS, PEMS or CPMS to demonslmte 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 Subpamgraph (b) ofPamgraph (I) of Subsection 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 of the PAL emission limitation.

(4) Any physical change or change in the method of opemtion at the major stationary source will be

subject to major new source review requirements ifsuch change meets the defmition ofmajor modification in

Subsection [HH1.!l of20.1 1.61.7 NMAC.

(5) The major stationary source owner or operator shall continue to comply with any state or federal

applicable requirements (BACT, RACT, NSPS, etc.) that may have applied either during the PAL effective period

or prior to the PAL effecllve 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 PALin accordance with the provisions in

Subparagraph (c) ofPamgraph (2) of Subsection A of 20.11.61.20 NMAC.

J. Renewal of a PAL.

(I) 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 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 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. Ifthe 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 shalI contain the folIowing

infonnation.

(a) The information required in Subsection C of 20.11.61.20 NMAC.

(b) A proposed PAL level.

(c) The sum ofthe potential to emit of all 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 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

of20.11.61.20 NMAC.

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

equal to or greater than 80 percent of the PAL level. the department may renew the PAL at the same level without

considering the factors set 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 detennines to be more representative of

the source's baseline actual emissions, or that it 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) of Paragraph (4) of Subsection 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 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 ifthe department has not already adjusted for such requiremen~ the PAL shall

be adjusted at the time ofPAL permit renewal or Title V permit renewal, 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 of control that

would result from BACT equivalent controls on each significant or major emissions unit shall be determined by

conducting a new BACT analysis at the time the application is submitted, unless the emissions unit is currently

required to comply with a BACT or LAER requirement that was established within the preceding 10 years. In such

a case, the assumed 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) of Subsection 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 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 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 of the significant and major emissions

units (assuming application ofBACT equivalent controls as determined in accordance with Subparagraph (b) of

Paragraph (1) of Subsection K of20.11.61.20 NMAC), plus the sum ofthe baseline actual emissions of the small

emissions units.

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

requirements of Subsection E of 20.11.61.20 NMAC.

L. Monitoring requirements for PALs.

(1) General requirements.

(a) Each PAL permit must contain enforceable requirements for the monitoring system that

accurately determines plantwide emissions of the PAL pollutant in terms of mass per unit of time. Any monitoring

system authorized for use in the PAL permit must be based on sound science and meet generally acceptable

scientific procedures for data quality and manipulation. Additionally, the information generated by such system

must meet minimum legal requirements for admissibility in a judicial proceeding to enforce the PAL permit.

(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 (I) of Subsection L of20.11.61.20 NMAC,

you may also employ an alternative monitoring approach that meets Subparagraph (a) of Paragraph (I) of

Subsection L of 20.11.61.20 NMAC if approved by the department.

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

renders the PAL invalid.

(2) Minimum performance requirements for approved monitoring approaches. The following

are acceptable general monitoring approaches when conducted in accordance with the minimum requirements in

Paragraphs (3) through (9) of Subsection L 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 or solvents shall meet the following requirements:

(a) provide a demonstrated means of validating the published content of the PAL pollutant that

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

(b) assume that the emissions unit emits all oftbe 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 of a material or fue~ 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 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 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 tbe monitored pararneter(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 operator using emission factors to monitor PAL pollutant

emissions shall meet the following requirements:

20.11.61 NMAC 17
(a) all emission factors shall be adjusted, if appropriate, to account for the degree of uncenainty

or limitations in the factofs' 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 detennine a site-specific

emission factor within six months of PAL pennit issuance, unless the deparunent 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 pennit.

(8) Notwithstanding the requirements in Paragraphs (3) through (7) ofSubsection L of20.11.61.20

NMAC. where an owner or operator of an emissions unit cannot demonstrate a correlation 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 of the emissions unit during operating conditions when there is no

correlation between monitored parameter(s) and the PAL pollutant emissions is a violation ofthe PAL.

(9) Revalidation. All data used to establish the PAL pollutant must be revalidated through

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 of all 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 operator to retain a copy ofthe following records, for

the duration ofthe PAL effective period plus five years:

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

(b) each annual certification of compliance pursuant to 20.11.42 NMAC, Operating 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 of each reporting period. This report shall contain the following information.

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

(b) Total annual emissions (tons/year) based on a 12-month rolling total for each month in the

reporting period recorded pursuant to Paragraph (I) 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 tim~ associated with zero and span calibration checks), and any corrective action taken.

(I) A notification 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 ofthe emissions ofthe pollutant or the number

determined by method included in the permit, as provided by Paragraph (7) of Subsection 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

of any deviations or exceedance ofthe PAL requirements. including periods where no monitoring is available. A

report submitted pursuant to 40 CFR 70.6(a)(3)(iii)(B) shall satisfy this reporting requirement. The deviation reports

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 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 ofthe information provided in the report.

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

revalidation test or method within three months after completion ofsuch test or method.

O. Transition requirements.

(I) The department may not issue a PAL that does not comply with the requirements of Subsections

A through 0 of 20.11.61.20 NMAC after 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 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, 8/30110; 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

PM10 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 ,.,

precursor under 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 other regulated new source review pollutant that is not listed in Any emission rate

this table

20.11.61 NMAC 19
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 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 of the amended regulations submitted for approval and

update.
TITLE 20

CHAPTER 11

PART 1

ENVIRONMENTAL PROTECTION

ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD

GENERAL PROVISIONS

20.11.1.1 ISSUING AGENCY: 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 within Bernalillo county, which are located

on Indian lands over which the Albuquerque - Bernalillo county air quality control board lacks jurisdiction.

[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 of a 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, or repeal 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 apply unless there is a conflict between

definitions in other parts, in which case the defmition 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 ofthe United States enviromnental protection agency

or his or her desiguee.

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 enviromnental 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

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 air pollution agent or combination ofsuch

agents, including any physical, chemical, biological, radioactive (including source material, special nuclear material,

and byproduct material) substance or maller 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 fur which the term "air pollutant" is used. This excludes water vapor, nitrogen (N,),

oxygen (0,), 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

20.11.1 NMAC
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 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 lacks jurisdiction.

I. "Allowable emissions" means:

(I) 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 ofopacity, prescribe equipmen~ 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,

detennined at the time ofissuance or renewal of a 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 portion ofthe 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 board or EPA through rulemaking):

(I) 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, ofthe 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, ofthe federal act;

(3) any standard or other requirement:

(a) under Section III or 112 ofthe federal act;

(b) ofthe acid rain progmrn under Title IV ofthe federal act or the regulations promulgated

thereunder;

(c) governing solid waste incineration under 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 ozone under Title VI ofthe federal

act, unless the administrator has detennined that such requirements need not be contained in a Title V pennit;

(4) any requirements 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 requirement under Part 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 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 ofoxygen with a molecular weight of 28.0 I 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.

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

implementation plan (SIP), the Air Quality Control Act, local ordinance, pennit, or board regulation, that limits the

quantity, rate or concentration, or combination thereof, of emissions ofregulated 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 ofan air contaminant, including a fugitive emission, in

excess ofthe 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 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 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 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, the Air Quality Control Act, or the laws and regulation in effect pursuant to

the act.

CC. "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: carbon dioxide, nitrous oxide, methane,

hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.

DD. "Grain" means that unit ofweight, which is equivalent to 0.0648 grams.

EE. "Hazardous air poUutant" 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 act.

FF. "Hydrocarhons" 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.

GG. "Hydrogen sulfide" or "H,S" means the chemical compound containing two atoms of hydrogen

and one ofsulfur with a molecular weight of34.07 g/mole.

HH. "Incinerator" means any furnace used in the process of burning solid waste for the purpose of

reducing the volume, by removing combustible matter.

II. "Inedihle animal by-product processing" means operations primarily engaged in rendering,

cooking, drying, dehydration, digesting, evaporating or concentrating of animal proteins and fats.

JJ. "Kraft mill" means any pulping process, which uses an alkaline solution for a cooking liquor.

KK. "Lead" or "Ph" means a heavy metal, with a molecular weight of207.l9 g/mole that is

hazardous to health if breathed or swallowed.

LL. "Malfunction" means any sudden and unavoidable failure of air 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.

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 ofthe source;

(2) routine maintenance, repair or replacement;

20.11.1 NMAC 3
(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, ifsuch increase does not exceed the opemting design

capacity ofthe soun:e;

(b) an increase in the hours ofopemtion; or

(c) use of an alternative fuel or mw 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 or raw material is caused by any natural

gas curtailment or emergency allocation or any other lack ofsupply of natural gas.

NN. "New source" means any stationary source, the construction or modification of which is

commenced after the filing of a regulation applicable to the statiouary soun:e.

00. "Nitrogen dioxide" or "NO," means a reddish brown, poisonous gas composed of molecules

containing a single atom of nitrogen and two of oxygen with a molecular weight of46.0 glmole.

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, NO" NO" N,O"

and N,O,. Nitrogen oxides are also referred to as oxides of nitrogen.

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 combustion ofany material without the following characteristics:

(I) control of combustion 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 opemtion ofa soun:e.

TT. "Owner" means the person(s) who owns a soun:e or part of a source.

UU. "Ozone or 0," means a pungen~ colorless gas composed ofmolecules containing three atoms of

oxygen with a molecular weight of48.0 glmole.

VV. "Part" means the required NMAC designation for the nonnal division of a chapter. A part

consists of a unified body ofrule material applying to a specific function or devoted to a specific subject matter.

Structurally, a part is the equivalent of a 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 air or 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 approved by the EPA.

YV. "Pathological waste destructor" means any equipmen~ 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 of a test perfonned as required by the

department to detennine compliance.

AAA. "Permit" means any permit or group ofpermits, modifications, renewals or revisions authorizing

the construction or opemtion of a stationary source pursuant to the fedeml act, the Air Quality Control Act, or laws

and regulations in effect pursuant to the act.

BBB. "Permittee" means the owner or opemtor identified in any permit application or permit.

CCC. "Person" means any individual, partnership, finn, public or private corpomtion, association, trust,

estate, political subdivision or agency, or any other legal entity or their legal representatives, agents or assigna.

DOD. "Photochemical oxidants" means an air pollutan~ which is fonned by the action ofsunlight on

oxides of nitrogen 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 or combination thereof, the operation of which may limit, capture, reduce, confIne, or otherwise control

regulated air pollutants or convert for the pwposes of control 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 of changing its location with limited dismantling 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 of a

stationary source to emit any air contantinant 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 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 on total oxides of nitrogen.

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 of all materials introduced into any specific process,

which causes any discharge of air contantinants 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.

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 of any given process to the completion thereof, or

from the beginrting to the completion of a typical portion thereof, excluding any time during which the equipment is

idle.

NNN.

(I)

promulgated;

(2) any pollutant that is subject to any standard promulgated under 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 of the corporation in charge

of a principal business function, or any other person who perfonns 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 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 of authority to such representatives 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 of 20.11.1 NMAC, a principal executive officer of a federal agency

includes the chief executive officer having responsibility for the overall operations of a 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 Section 402(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 under 40 CFR Part 70.

20.11.1 NMAC 5
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 caIbon, 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 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 pennit under Section 402 ofthe

Federal Water Pollution Control Act, or source, special nuclear, or byproduct material as dermed by the Atoruic

Energy Act.

UUU. [Reserved]

VVV. "Stack, chimney, vent, or duct" means any conduit or duct eruitting particulate or gaseous

eruissions into the open air.

WWW. "Standard conditions" means the conditions existing at a temperature of70° F (250C) and

pressure of 14.7 psia (760 mmHg).

xxx. "Standard cubic foot" means a measure ofthe volume of one cubic foot ofgas at standard

conditions.

YVY. "Stnrtup" means setting into operation any air pollution control equipment, or process equipment.

ZZZ. "Stationary source" means any building, structure, facility or installation, which is either

permanent or temporary, excluding a private residence, that eruits or may eruit any regulated air pollutant or any

pollutant listed under Section 112(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

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

control. Pollutant-emitting activities sball be treated as the same industrial grouping ifthey 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 applicable north american industry

classification system (NAlCS) code.

AAAA. "Sulfur dioxide" or "SO," means a pungent, colorless, poisonous gas composed ofmolecules

containing a single atom ofsulfur and two atoms ofoxygen with a molecular weight of 64.07 g1mole.

BBBB. "Total reduced sulfur" means any combination ofsulfur 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.

DODD. "Vapors" means the gaseous form of a substance, which exists in the liquid or solid state at

standard conditions.

EEEE. "Visible eruisslon" 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 carl>on, excluding carbon

monoxide, carbon dioxide, 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

to have negligible photocheruical 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 (HCFC-225ca); 1,3-dichloro20.11.1 NMAC 6
I, 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, or HFE-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; 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 Donds ouly 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 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 owner or operator to provide monitoring or testing methods and results

demonstrating, to the satisfaction ofthe enforcement authority, the amount of negligibly-reactive compounds in the

source's emissions.

(4) For purposes offederal 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 ofthe act, or under 40 CFR Part 51, Subpart I or Appendix S, or under 40 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 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 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 of an aerosol coating is counted towards that product's

reactivity-based limit. Therefore, the compounds identified in Subsection FFFF of 20.11.1.7 NMAC as negligibly

reactive and excluded from EPA's definition of VOCs are to be 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 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 of an aerosol coating is counted

towards the product's reactivity-based limit, 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 of 20.11.1.7 NMAC as

negligibly reactive and excluded from EPA'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-Be AQCB-Albuquerque - Bernalillo county air quality control board

ABT-avemging, banking and trading (program)

AIRS-aerometric infonnation retrieval system

AMPA-Albuquerque metropolitan planning area

20.11.1 NMAC 7
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)-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 of energy

DOT-U.S. department oftransportation

DPM-development process 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 Efficiency Act (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 per hour

Ib/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

Jig-microgram

Jigim3

-microgram per cubic meter

mg-milligram(s)

mgim3-milligram per cubic meter

mi.-mile(s)

min-minute(s)

m1-milliliter(s)

mm-millimeter(s)

MMBlu-million Btu

mmHg-millimeters of mercury

mph-miles per hour

MPO-metropolitan planning organization

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

Nrnitrogen

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

NESCAUMIMARAMA-nortbeast 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

NOrnitrogen dioxide

NOx-oxides of nitrogen

No-number

NOV-notice of violation .

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 9
OTAG-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 per minute

RTA-regional transit authority

RTC-RECLAIM trading credit

RVP-reid vapor pressure

s-second(s)

SAE-society of automotive engineers

SAFETEA-LU-The Safe, Accountable, Flexible, Efficient Transportation Equity Act - A Legacy for Users

SBAP-small business assistance program

scr-standard cubic foot

SI-international system of units

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 improvement program

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 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

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 of a city or county ordinance, or 20.11.1 NMAC. Prosecution

for a violation under prior regulation wording shall be governed and prosecuted under 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 incorporated herein is for any reason held to be unconstitutional or otherwise invalid by any court,

the decision shall not affect the validity ofremaining provisions of 20.11.1 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 health department, 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, Air Pollution Control Regulations ofthe Albuquerque - Bernalillo County Air Quality Control

Board, 8/6/7 I;

Regulation No. I, Air Pollution Control Regulations, 6/6/73;

Regulation No. I, Air Pollution 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 Air Quality Control

Board,8/617I;

Resolution No.2, Ambient Air Quality Standards ofthe Albuquerque - Bernalillo County Air Quality Control

Board,6/6/73;

Standard No. I, Ambient Air Quality 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 of Repealed 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; Regulation No.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 replaced by

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 ISSUING AGENCY: 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 must be obtained from the department for the

following sources:

(I) any major source;

(2) any source, including an area source, subject to a standard or other requirement promulgated

under Section III - Standards ofPerformance for New Stationary Sources, or Section 112 - National Emission

Standardsfor Hazardous Air Pollutants, ofthe federal act, but not including any source which:

(a) is exempted under Subparagraph (b), ofParagraph (I), of Subsection C of20.11.42.2

NMAC;or

(b) would be required to obtain a pemtit solely hecause it is subject to regulations or

requirements under Section 112(r),Prevention ofAccidental Releases ofthe federal act;

(3) any acid rain source; and

(4) any source in a source category so designated by the administrator, in whole or in part, 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 an operating permit issued by the department or EPA; or

(b) a timely pemtit (including pemtit renewal) application has been submitted consistent with

Subsection A of20.11.42.12 NMAC; the ability to operate under these circumstances shall cease ifthe applicant

fails to submit by the deadline specified in writing by the department any additional information identified as being

needed to process the application.

(2) Revocation or termination of a pemtit by the department terminates the permittee's right to

operate.

(3) The submittal of a complete operating permit application shall not protect any source from any

applicable requirement, including any requirement that the source have a pre-construction permit under Title I ofthe

federal act or board 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 solely because

they are subject to 40 CFR Part 60, Subpart AAA - Standards ofPerformance for New Residential Wood Heaters;

(b) all sources and source categories that would be required to obtain a permit solely because

they are subject to 40 CFR Part 61, Subpart M - National Emission Standardfor Hazardous Air Pollutantsfor

Asbestos, Section 61.145, Standardfor Demolition and Renovation;

(c) except as required under Section 20.11.42.14 NMAC, any SOurce that would be required to

obtain a pemtit solely because of emissions ofradionuclides; and

(d) any source in a source ~ategory exempted by 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 permit until the administrator completes a rulemaking requiring

such sources to obtain operating pemtits.

(3) Any source exempted from the requirement to obtain an operating permit may opt to apply for a

permit under 20.11.42 NMAC.

D. Reserved.

E. Indian tribal jurisdiction: The requirements of20.11.42 NMAC do not apply to sources within

Indian tribal jurisdiction. For the operation ofsources in that jurisdiction, 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 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 Section 4; and the Joint Air Quality Control Board Ordinance,

Revised Ordinances of Albuquerque 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 permit program for Albuquerque-Bernalillo County, by the

administrator, is March 13, 1995]

20.11.42.6 OBJECTIVE: To assure that major air pollution sources within Bernalillo county obtain an

operating pennit setting forth minimum requirements and conditions of operation pursuant 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 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 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 or otherwise, enters the ambient air. Such term includes any

precursors to the formation of any air pollutant; to the extent the administrator has identifled such precursor or

precursors for the purpose for which the term "air pollutant" is used. This excludes water vapor, nitrogen (N,),

oxygen (0,) and ethane.

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

thereof, the operation ofwhich would limit, capture, reduce, conflne, 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 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 of pennit issuance but have future-effective compliance dates):

(I) 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 ofthe federal act to implement the

relevant requirements ofthe 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, ofthe federal act, unless that term or

condition is determined by the department to be no longer pertinent;

(3) any standard or other requirement under Section III ofthe federal act, including Section 111(d);

(4) any standard or other requirement under Section 112 ofthe federal act, including any requirement

concerning accident prevention under Section 112(r)(7) ofthe federal act;

(5) any standard or other requirement ofthe acid rain program under Title IV ofthe federal act or the

regulations promulgated thereunder;

(6) any requirements established pursuant to Section 504(b) or Section 1I4(a)(3) ofthe federal act;

(7) any standard or other requirement under Section 126(a)(I) and (c) ofthe federal act;

20.11.42 NMAC 2
(8) any standard or other requirement governing solid waste incineration under Section 129 ofthe

federal act;

(9) any standard or other requirement for consumer and commercial products, under Section 183(e)

ofthe federal act;

(10) any standard or other requirement for tank vessels under Section 183(f) ofthe federal act;

(II) any standard or other requirement ofthe program to control air pollution from outer continental

sbelfsources, under Section 328 ofthe federal act;

(12) any standard or other requirement 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 permitted pursuant to Section 504(e)

ofthe federal act; and

(14) any regulation adopted by the board in accordance with the 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 bealth department or its successor agency

or authority, as represented by the department director or his or ber designee.

G. "Draft permit" means a version of a permit, for whicb the department 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.

H. "Emission limitation" means a requirement establisbed by EPA, the board, or the department,

that limits the quantity, rate or concentration, or combination thereof, of emissions ofregulated air pollutants on a

continuous basis, including any requirements relating to the operation or maintenance of a 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 pan or activity of a stationary source that emits or has the potential

to emit any regulated air pollutant or any air pollutant 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 Pan 51, Subpan I, including 40 CFR 51.165 and 40 CFR 51.166.

M. "Final permit" means the version of an operating permit issued by the depanment 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,

cbinmey, 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 "GHGo" means the air pollutant 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.

Q. "Hazardous air pollutant" means an air contaminant that has been classified as a hazardous air

pollutant pursuant 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 or production rate.

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 industrial classification 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 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 of any hazardous air pollutant which has been listed pursuant to Section 112 (b) ofthe

federal act, 25 tons per year or more of any combination ofsuch hazardous air pollutants, or such lesser quantity as

the administrator may establish by rule; notwithstanding the preceding sentence, emissions from any oil or gas

explomtion 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 mdionuclides, "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 ofthe 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 offugitive 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) 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 steel mills;

(I) primary aluminum ore reduction plants;

(g) primary copper smelters;

(h) municipal incinerators capable of cbarging more than 250 tons ofrefuse per day;

(i) hydrofluoric, sulfuric, or nitric acid plants;

(j) petroleum refineries;

(k) lime plants;

(I) phosphate rock processing plants;

(m) coke oven batteries;

(n) sulfur recovery plants;

(0) carbon black plants (furnace process);

(p) primary lead smelters;

(q) fuel conversion plant;

(r) sintering plants;

(s) secondary metal production plants;

(t) chemical process plants - the term chemical processing plant shall not include ethanol

production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140;

(u) fossil-fuel boilers (or combination thereol) totaling more than 250 million British thermal

units per hour heat input;

(v) petroleum stomge 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 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 I ofthe federal act, including:

(a) fur 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 S of20.11.42.7

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(1)(1) or (2) ofthe federal act, that requirements under Section

182(1) ofthe act do not apply;

20.11.42 NMAC 4
(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 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 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 (PM10) non-attainment areas classified as "serious", sources with the

potential to emit 70 tons per year or more of PMIO•

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.

U. "Operator" means the person(s) responsible for the overall operation of a facility.

V. "Owner" means the person(s) who owns a facility or part of a facility.

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 of20.11.42.13 NMAC.

X. "Permittee" means the owner, operator or responsible 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 or political

subdivision of a 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 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 ofoperation or on the type or

amount ofmaterial combusted, stored, or processed, 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 of nitrogen.

AA. "Proposed permit" means the vCfllion of a permit that the department proposes 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 suspended particulate malter, 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 regnlated on the date 18

montha after the applicable date established pUflluant to Section 112(e) ofthe federal act; and

(b) any pollutant for which the requirements of Section 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 other pollutant "subject to regnlation" as defined in Subsection II of20.11.42.7 NMAC.

CC. "Renewal" means the process by which a permit is reissued at the end ofits term.

DO. "Responsible ofllcial" means one ofthe following:

(I) For a corporation: a president, secretary, treasurer, or vice-president ofthe 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 ofsuch pefllon if the representative is responsible for the overall

operation ofone or more manufacturing, production, or operating facilities applying for or subject to a pennit 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 of authority to such representatives is approved in advance by the

department.

(2) For a partnCfllhip or sole proprietofllhip: a general partner or the proprietor, respectively.

20.11.42 NMAC 5
(3) For a municipality, state, federal or other public agency; either a principal executive officer or

ranking elected official. For the purposes of20.11.42 NMAC, a principal executive officer of a federal agency

includes the chief executive officer having responsibility for the overall operations of a 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, or prohibitions under Title IV ofthe federal act or the regulations promulgated

thereunder are concemed; aod

(b) the designated representative fur aoy other purposes 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 certification requirements.

FF. "Shutdown" meaos the cessation ofoperation of aoy air pollution control equipmen~ process

equipment or process fur aoy purpose.

GG. "Startup" meaos the settiog into operation of aoy air pollution control equipment, process

equipment or process for aoy purpose.

UU. "Stationary source" or "source" meaos any buildiog, structure, facility, or iostallation that emits

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

n. "Subject to regulation" meaos, for any air pollutant, that the pollutant is subject to either a

provision io the Cleao Air Act, or a nationally-applicable regulation codified by the administrator io Subchapter C of

40 CFR Chapter I, that requires actual control ofthe quantity of entissions ofthat pollutant, aod that such a control

requirement has taken efIect aod is operative to control, lintit or restrict the quaotity of entissions 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 or having the potential to entit 100,000 lpy CO, equivalent

emissions.

(2) The tenn "lpy CO, equivalent entissions" (CO,e) shall represent ao amount ofGHGs entitted, aod

shall be computed by multiplyiog the mass amount of emissions (lpy), for each ofthe six greenhouse gases in the

pollutant GHGs, by the gas's associated global warnting potential published at Table A-I to Subpart A of 40 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 or permittee.

KK. "Title I modification" meaos aoy modification under 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 the joiotair quality control board ordioances pursuaotto the

New Mexico Air Quality Control 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 under prior regulation 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: If aoy section, paragraph, sentence, clause, or word of 20.11.42 NMAC is for

aoy reason 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 may be 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 PERMIT REQUIREMENTS:

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 of permit renewal, one that is submitted at least 12 months prior to the

date of permit 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) Reserved.

(3) Completeness ofappllcation.

(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 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 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 of a draft permit.

(d) The applicant's ability to operate without a permit, as set forth in Subparagraph (b), of

Paragraph (I), of Subsection 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 by the department.

(4) Content ofappllcation. 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 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 of permit

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, if different, 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 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 by the 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 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 R of20.11.42.7 NMAC); this shall

include:

20.11.42 NMAC 7
(i) a process flow sheet of all components ofthe facility which would be involved in

routine operations and emissions;

(ii) identification and description of all emission points in sufficient detail to establish the

basis for fees and applicability ofrequirements 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 regarding 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 for all

control efficiencies presented, of air pollution control equipment and 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) other relevant 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 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 of all applicable air pollution control requirements,

including;

(i) sufficient information related to the emissions ofregulated air pollutants to verify the

requirements that are applicable to the source; and

(ii) a description ofor 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;

(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),

of Subsection 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 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 any

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 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 of compliance, 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 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

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 that become effective during the permit term;

20.11.42 NMAC 8
federal act.

C.

(I)

(iv) a schedule for submission of compliance certifications during the permit term, to be

submitted no less frequently than annually, or more frequently ifspecified 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 ofthe federal act;

(I) for sources that are not in compliance with al1 applicable requirements at the time of permit

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 of how the source will achieve compliance with such

requirements for which it is not in compliance;

(iii) a schedule ofremedial measures, including an enforceable sequence of actions with

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 certified progress reports no less frequently than every

six months; and

(v) for the portion of each acid rain source subject to the acid rain provisions ofTitle IV

ofthe federal act, the compliance plan content requirements 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 fonn, report, or compliance certification,

submitted pursuant to 20.11.42 NMAC shall contain certification by 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 ofthe 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 ofPublic

Records Act, Section 14-2-1, et seq. NMSA 1978.

(2) In the case where an applicant or permittee bas submitted information to the department under a

claim of confidentiality, the department may also require the applicant or permittee 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

of permit issuance or as specified in the approved schedule of compliance. 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 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 ofthe various permit

requirements in the event of a 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 Subsection F of20.11.42.13 NMAC;

(iv) the filing of a request by the permittee for a permit modification, revocation and

reissuance, or termination, or of a notification of planned changes or anticipated noncompliance sball not stay any

permit condition;

(v) the permit does not convey any property rights of any sort, or any 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 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 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 required under the federal act or under 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 required under the

federal act or under any ofits applicable requirements.

(I) 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 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 or permit 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 of whether the source category in question is included in the list ofsources

contained in the defmition ofmajor source.

(i) The acid rain portion of operating permits for acid rain sources shall:

(i) state that, where an applicable requirement ofthe federal act is more stringent than an

applicable requirement ofregulations promulgated under 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 under Title 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 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 uuder Title 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) 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 Pur1lUllllt to Paragraph (5), of Subsection 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) The permit shall require record keeping 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 company or 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 of all monitoring data and support information shall be retained for a period of at

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 of all reports required by the permit.

(5) Reporting. The permit shall require reporting sufficient to assure and verify compliance with the

tenns and conditions ofthe permit and all applicable requirements, including:

(a) submittal ofreports of any required 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 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 ofsuch deviations, the quantity and pollutant type of excess

emissions 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 to 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 stalus with all permit tenns 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 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 ofthe permit 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) such other facts as the department may require to determine the compliance stalus of

the source;

(d) such additional provisions as may be specified by the 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 of credentials and other documents as may be required by

law, the permittee shall allow authorized representatives of the 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 any records that must be kept under 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 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 reporta to the department at least

semiannually, or more frequently ifspecified in the applicable requirement or by the department; such progress

reporta shall be consistent with the schedule of compliance and requirements of Subparagraph (k), of Paragraph (4),

of Subsection A of20.11.42.12 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 ofwhy any dates in the schedule of compliance were not or will not

be met, and any preventive or corrective measures adopted;

(c) include such other provisions as the department may require.

(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 written notification to the

department and the administrator at least seven days in advance ofthe proposed changes. Such notification shall

include a brief description 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 of the permit remain fully enforceable.

(b) EmissIons trading within a facility.

(i) The department shall, if an applicant requests it, issue permits that contain tenns 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 tenns and conditions shall include all tenns and conditions required under

Subsection C of20.11.42.12 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 decreases without a case-by-case approval.

(ii) The applicant shall include in the application proposed replicable procedures and

pennit 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 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 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 or prohibited by the operating permit, if:

(i) each such change meets all applicable requirements and shall not violate any existing

permit term or condition;

(ii) such changes are not subject to any requirements under Title IV of the 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

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 ofthe 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 ofthe 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 20.11.42 NMAC permit that does not expressly state that a permit 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 of Section 303 ofthe federal act- Emergency Powers, including the

authority ofthe administrator under Section 303, or the provisions ofthe 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 applicable

requirements prior to or at the time of permit issuance;

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

ofthe federal act;

(iv) the ability of EPA to obtain information from a source pursuant to Section 114 ofthe

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 extended past

the expiration date ofthe permit pursuant to Paragraph (4), of Subsection A of20.11.42.13 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), ofParagraph (I), of Subsection C of20.11.42.12 NMAC.

(I) The permit shield shall not extend to administrative permit amendments under Paragraph

(I), of Subsection E of 20.11.42.13 NMAC, to minor permit modifications under Paragraph (2), of Subsection E of

20.11.42.12 NMAC, to section 502(b)(lO) changes under 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 of20.11.42.13 NMAC.

D. General permits:

(I) Issuance of general permits.

(a) The department 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 ofoperations, processes and emissions, subject to the same or substantially similar

requirements, and not subject to case-by-case standards or requirements.

20.11.42 NMAC 13
(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 ofthe general permi~

(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 ofParagraph (4), of Subsection 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 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 Subsection B of20.11.42.13 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.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)' 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. 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 caused by improperly designed equipment, lack of preventive maintenance, or careless

or improper operation.

(2) An emergency constitutes an affmnative defense to an action brought for noncompliance with

such technology-based entission lintitations ifthe 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) 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 of entissions that exceeded the entission standards or other requirements in the permit; and

(d) the permittee fulfilled notification requirements under Subparagraph (b), ofParagraph (5),

of Subsection C of 20.11.42.12 NMAC; this notice must contain a description ofthe emergency, any steps taken to

mitigate emissions. and corrective actions taken.

(3) In any 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 not be subject to the provisions of20.11.90.12 NMAC for

permit terms and conditions issued under 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 permit renewal) or permit modification shall only be issued if all ofthe

following conditions have been met:

(a) the department has received a complete application for a permit, permit modification, or

permit renewal, except that a complete application need not be received before issuance of a general permit under

Subsection D of 20.11.42.12 NMAC;

20.11.42 NMAC 14
(b) except for administrative and minor permit modifications, the department has complied

with the requirements for public participation procedures under Subsection B of 20.11.42.13 NMAC;

(c) except for administrative amendments, the department baa complied with the requirements

for notifying and responding to affected programs under Subsection C of20.11.42.13 NMAC;

(d) the conditions ofthe permit provide for compliance with all applicable requirements; and

(e) the administrator has received a copy ofthe proposed permit and any notices required under

Subsection C of 20.11.42.13 NMAC, and baa not objected to issuance ofthe permit within the time period specified

within that subsection.

(2) The department shall, within 60 days after its receipt of an application for a permit or significant

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 60 days ofreceipt of an 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 application for purposes of20.11.42.13 NMAC. If the application is judged complete, a certified letter to

that effect shall be sent to the applicant. Ifthe application is judged incomplete a certified letter shall be sent to the

applicant stating what additional information or points of clarification are necessary to judge the application

complete.

(3) The department shall take final action on each permit application (including a request for permit

renewal) within 12 months after an application is ruled complete by the department, except that:

(a) for sources in operation on or before 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-third ofsuch applications annually over a period not to exceed three

years after such effective date;

(b) any complete permit application containing an early reduction demonstration under Section

112(i)(5) ofthe federal act shall be acted on within nine months ofdeeming the application complete; and

(c) the acid rain portion 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) If a timely and complete application for a permit renewal is submitted, consistent with Subsection

A of 20.11.42.12 NMAC, but the department baa failed to issue or disapprove the renewal permit before the end of

the term ofthe previous permit, then the permit shall not expire and all the terms and conditions ofthe permit shall

remain in effect until the renewal permit has been issued Or disapproved.

(5) Permits being renewed are subject to the same procedural requirements, including those for public

participation, affected program, and EPA review that apply to initial permit issuance.

(6) The department shall state within the draft permit the legal and factual basis for the draft permit

conditions (including references to the applicable statutory or regulatory provisions with dates oflatest

amendments).

(7) The department shall grant or disapprove the permit based 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, if a public hearing is held, the evidence submitted at the hearing.

(8) Ifthe department grants or disapproves a permit or permit modification, the department shall

notify the applicant by certified mail ofthe action taken and the reasons therefore. Ifthe department grants a permit

or modification, the department shall mail the permit or modification, including all terms and conditions, to the

applicant by certified 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 discontinuance by certified letter to the permittee.

(l0) No permit shall be issued by failure ofthe department to act on an application or renewal.

B. Public participation:

(l) Proceedings for all permit issuances (including renewals), significant permit 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 a public hearing on the draft permit for any

reason it deems sppropriate, and shall hold such a hearing in the event ofsignificant public interest. The department

shall give notice of any public hearing at least 30 days in advance ofthe hearing.

20.11.42 NMAC IS
a brief description of the comment procedures reqnired by the department; and

as appropriate, a statement of procedures to request a hearing, or the time and place of any

(2) Public notice and notice of public hearing shall be given by publication in a newspaper of general

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 if necessary 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 or permittee and its owners;

(c) the name and address of the 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 of a 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 of public hearing shall identify:

(a) the affected facility;

(b) the names and addresses ofthe applicant or pennillee and its owners;

(c) the name and address of the department;

(d) the activity or activities.involved in the pennit action;

(e) the name, address and telephone number of a person from whom interested persons may

obtain additional information;

(I) a brief description of hearing procedures; and

(g) the time and place ofthe scheduled hearing.

(5) The time, date, and place 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 of either the department or

the applicant and at the expense ofthe person requesting the transcript. At the hearing, all interested persons 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 citizen petition may be 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 Subsection C 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 pennit renewal or

reissuance), minor pennit modification, or significant permit modification until affected programs and the

administrator have had an opportunity to review the proposed pennit as required under 20.11.42.13 NMAC. Pennits

for source categories waived by the administrator from this requirement and any pennit terms or conditions, which

are not required under the federal act or under any ofits requirements, are not subject to administrator review or

approval.

(a) Within five days of notification 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 of each draft pennit, each proposed pennit, each final operating permit, and any other relevant

information requested by the administrator.

(b) The department shall provide notice of each draft pennit to any affected program on or

before the time that the department provides this notice to the public under Subsection B of 20.11.42.13 NMAC,

except to the extent that minor pennit modification procedures 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 administrator may reasonably require in order to ascertain whether the program complies with the

requirements ofthe federal act or related applicable reqnirements.

(2) Responses to objections.

20.11.42NMAC 16
(a) No pennit for which an application must 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 in writing under Subparagraph (a) above, any person

may, within 60 days after the expiration ofthe administrator's 45-day review period, petition the 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 Subsection B of 20.11.42.13 NMAC, unless

the petitioner demonstrates that it was impracticable to raise such objections within such period, or unless the

grounds for such objection arose after such period. Ifthe administrator objects to the permit as a result of a 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 of a permit or its requirements ifthe permit

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 of 20.11.42.13 NMAC), shall notify the administrator and any affected program in writing of any

refusal by the department to accept all recommendations for the proposed permit that the affected program

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 of final action:

(I) Hearing before tbe board.

(a) Any perllon who participated in a permitting action before the department and who is

adverllely affected by such permitting 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 or hand-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 petition to the applicant or permittee. The department shall certify the 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 the joint 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 perllOn who 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 of appeals in accordance

with the joint air quality control board ordinances PUrlluant to the New Mexico Air Quality Control Act Section 74-

2-9 NMSA 1978. Petitions for judicial review must be filed no later than 30 days after the administrative action.

(b) The judicial review provided for by Subsection D of20.11.42.13 NMAC shall be the

exclusive means for obtaining judicial 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 or phone number of any perllOn identified in the permit;

(iii) incorporates a change in the permit solely involving the retiring of an emissions unit;

(iv) requires more frequent monitoring or reporting by the permittee; or

(v) any other type of chauge 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 of a source may be made as administrative

amendments provided that:

20.11.42 NMAC 17
do not violate any applicable requirement;

do not involve relaxation of existing monitoring, reporting, or record keeping

(i) a written agreement, containing a specific date for transfer of permit responsibility,

coverage, and liability between the current and new permittee, has been submitted to the department, and either the

department has determined that 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), of Subsection F of20.11.42.13 NMAC; and

(iv) the permittee has published a public notice ofthe change in ownership ofthe source

in a newspaper of general 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 of a 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), of Subparagraph (a), ofParagraph (I), of Subsection E of 20.11.42.13 NMAC

inunediately upon submittal ofthe request for the administrative amendment. The permittee may implement the

chaages outlined in Item (v), of Subparagraph (a), of Paragraph (0, of Subsection E of 20.11.42.13 NMAC or

Subparagraph (b), ofParagraph (I), Subsection E of 20.11.42.13 NMAC above upon approval ofthe administrative

amendment by 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 not require or chaage a case-by.;;ase determination of an emission limitation or

other standard, or a source-specific determination for temporary sources of ambient 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 required by 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 not be eligible for minor permit modification procedures. The department

may, at its discretion, require that multiple related minor permit modification applications be submitted as a

significant permit modification.

(c) Ao application requesting the use ofminor permit modification procedures shall meet the

requirements ofParagraphs (3) and (4), of Subsection 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 draft permit;

(iii) certification by a responsible official, consistent with Paragraph (5), of Subsection A

of20.11.42.12 NMAC, that the proposed modification meets the criteria for use of minor 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 of compliance requirements, an outline ofsuch effects.

(d) The department shall, within 30 days after its receipt of an 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 of an application, the application shall be deemed complete. Ifthe application is judged complete, a certified

letter to that effect shall be sent to the applicant. Ifthe application is judged incomplete a certified letter shall be

20.11.42 NMAC 18
sent to the applicant stating what additional infonnation or points of clarification are necessary to judge the

application complete.

(e) Within five working days of notification by the department that the minor permit

modification application has been ruled complete, the applicant shall meet its obligation under Paragraph (I), of

Subsection C of 20.11.42.13 NMAC to notify the administrator and affected programs ofthe requested permit

modification. The department promptly shall send any notice required under Subparagraph (b), ofParagraph (I), of

Subsection C of20.11.42.13 NMAC and Paragraph (2), of Subsection C of 20.11.42.13 NMAC to the administrator

and affected programs.

(f) The permittee may make the change proposed in its minor permit modification application

immediately after such application 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), of Subsection E of 20.11.42.13 NMAC below, the permittee must comply with both 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 modification until after the

administrator's 45-day review period ofthe proposed permit modification or until EPA has notified the department

that the administrator will not object to issuance ofthe permit modification, although the department may approve

the permit modification prior to that time. Within 90 days ofruling the application complete under minor permit

modification procedures or within 15 days after the end ofthe administrator's 45-day review period under,

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 minor permit

modification criteria and should be reviewed under the significant modification procedures; or

(iv) revise the draft permit modification and transmit to the administrator the new

proposed permit modification as required by Paragraph (I), of Subsection C of 20.11.42.13 NMAC.

(3) Significant permit modification••

(a) A significant permit modification is:

(i) any revision to an operating permit that does not meet the criteria under the provisions

for administrative permit amendments under Paragraph (I), of Subsection E of20.11.42.13 NMAC or for minor

permit modifications under Paragraph (2), of Subsection E of 20.11.42.13 NMAC above;

(ii) any modification that would result in any relaxation in existing monitoring, reporting

or record keeping permit terms or conditions;

(iii) any modification for which action on the application would, in the judgment ofthe

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), of Subsection E of20.l1.42.13 NMAC.

(b) For significant modifications which are not required to undergo pre-construction permit

review and approval, changes to the source which qualify as significant permit modifications shall not be made until

the department has issued the operating permit modification.

(c) For significant modifications which have undergone pre-construction permit review and

approval, the permittee shall:

(i) before commencing operation, notify the department in writing of any applicable

requirements and operating permit terms and conditions contravened by 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 specifically prohibit such change, the permittee

must obtain an operating permit modification before commencing operation or implementing the change.

(e) Significant permit modifications shall meet all requirements of20.11.42 NMAC for permit

issuance, including those for applications, public participation, review by affected programs and review by the

administrator.

(f) The department shall complete review on the majority ofsignificant permit modification

applications within nine months after the department rules the applications complete.

20.11.42 NMAC 19
(4) Modifications to acid rain sonrces. Administrative permit amendments and permit

modifications for purposes of the acid rain portion ofthe permit shall be governed by regulations promulgated by

the administrator under Tide IV ofthe federal act.

F. Permit reopening, 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 term ofthree or more years; such a reopening shall be completed not later than 18

months after promulgation ofthe applicable requirement; no such reopening is required if the 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 rain program promulgated under Tide 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 permit contains 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 must be 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 which cause to reopen or revoke exists. Units for which permit conditions have been revoked

shall not be operated until permit reissuance. Reopenings shall be made as expeditiously as practicable.

(c) A permit, or an authorization to operate under a general permit, may be terminated when:

(i) the permittee fails to meet the requirements of an approved compliance plan;

(ii) the permittee has been in significant or repetitious non-compliance with the operating

permit terms or conditions;

(iii) the applicant or permittee has exhibited a history ofwillful disregard for

environmental laws of any 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 the permit.

(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 or revoked, or terminated, except that the

department may provide a shorter time period in the case of an emergency.

(2) Action by the administrator. Within 90 days, or longer ifthe administrator extends this period,

after receipt ofwritten notification that the administrator has found that cause exists to terminate, modify or revoke

and reissue a permit the department sball forward to the administrator a proposed determination oftermination,

modification, or revocation and reissuance, as appropriate. Within 90 days from receipt of an administrator

objection to a proposed determination, the department shall address and act upon the administrator's objection.

(3) Compliance orders. Notwithstanding any action which may be taken by the department or the

administrator under Paragraph (I) and (2), ofSubsection F of 20.I I.42.I3 NMAC, a compliance order issued in

accordance with the joint 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 of any permit or portion 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 other provision in the New Mexico state implementation

plan approved by the administrator, any credible evidence may be used for the purpose of establishing whether a

person has violated or is in violation of any such plan.

(I) Presumptively credible evidence. Information from the use ofthe following methods is

presumptively credible evidence of whether 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 operating permit; or

(b) compliance methods specified in the applicable plan.

(2) Presumptively credible testing, monitoring, or information gathering methods. The

following testing, monitoring or information gathering methods are presumptively credible testing, monitoring or

information gathering methods:

(a) any federally enforceable monitoring or testing methods, including those in 40 CFR parts

51,60,61 and 75; and

(b) other testing, monitoring or information gathering methods that produce information

comparable to that produced by any method in Paragraphs (I) or (2), of Subsection H of 20.11.42.13 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 that previously 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 of Repealed 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 21
TITLE 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: Any person constructing any new major stationary source or major modification, as

defined in 20.11.61 NMAC, that emits or will emit regulated new source review pollutants in an attainment or

unclassifiable area shall obtain a permit from the department in accordance with the requirements of 20.11.41

NMAC, Authority-to-Construct, and 20.11.61 NMAC prior to the construction or modification.

A. Exempt:

(I) sources within Bernalillo county which are located on Indian lands over which the AlbuquerqueBernalillo county air quality control board lacks jurisdiction;

(2) each regulated new source review pollutant emitted by a source or modification located in a

nonattainment area for that pollutant;

(3) after a public hearing, consistent with the public notice and participation provisions of 20.11.41

NMAC, Authority-to-Construct, the board may exempt major stationary sources or major modifications if:

(a) the major stationary source would be a nonprofit health or nonprofit educational institution,

or a major modification that would occur at such an institution; or

(b) the source or modification is a portable stationary source which has previously received a

permit pursuant to 20.11.61 NMAC if:

(i) the owner or operator proposes to relocate the source, and emissions from the source

at the new location would be temporary; and

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

(iii) the emissions from the source would not impact any federal class I area nor any area

where an applicable increment is known to be violated; and

(iv) reasonable notice is given to the department prior to the relocation identifying the

proposed new location and the probable duration ofoperation at the new location; such notice shall be given to the

department not less than 10 days in advance ofthe proposed relocation unless a different time duration is previously

approved by the department;

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

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

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

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

Section 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 air pollutant 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 pursuant to Section I07(d) of the 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, General Provisions, shall apply unless there is a conflict between 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 740 I et seq.

B. "Actual emissions" means the actual rate of ernissions of a regulated new source review pollutant

from an emissions unit. as determined in accordance with Paragraphs (2) through (4) of Subsection B of 20.1 \.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 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 ofthe unit.

(4) For any emissions unit that has not begun normal operations on the particular date, actual

emissions shall equal the potential to emit ofthe unit on that date.

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

an authorized representative.

D. "Adverse impact on visibility" means visibility impairment which interferes with the

management, protection, preservation, Or enjoyment ofthe visitors 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:

(I) times of visitor use ofthe 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 defmed in 40 CFR 51.301 Definitions.

E. "Air quality related values (AQRV)" means visibility and other scenic, cultural, physical,

biological, ecological, or recreational resources which may be affected by a change in air quality resulting from the

emissions of a proposed major stationary source or major modification that interferes with the management.

protection, preservation, or enjoyment of the 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 ofthe source (unless the source is subject to federally enforceable limits which restrict the

operating rate, or hours ofoperation, or both) and the most stringent ofthe following:

(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 or improvements to existing highways and roads to increase

capacity, new parking facilities or improvements to existing parking facilities to increase capacity, service

enhancements to ground and air public transportation to include the building of new public transportation facilities

or improvements to existing public transportation facilities to increase capacity; and the building of new public Or

private educational facilities or improving existing public or private educational facilities to increase enrollment.

20.11.61 NMAC 2
H. "Attainment area" means, for any air pollutant, an area which is shown by monitored data or

which is calculated by air quality modeling not to exceed any 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 of emissions, in tons per year, ofa regulated new

source review pollutant, as determined in accordance with Paragraphs (1)-(4) of Subsection 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 emitted the pollutant during any consecutive 24-month

period selected by the owner or operator within the five year period immediately preceding when the owner or

operator begins actual construction ofthe project. The department shall allow the use of a different time period

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

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

associated with startups, shutdowns, and malfunctions.

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

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

consecutive 24-month period.

(c) For a regulated new source review pollutant, when a project involves multiple emissions

units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the

emissions units being changed. A different consecutive 24-month period can be used for each regulated new source

review pollutant.

(d) The average rate shall not be based on any consecutive 24-month period for which there is

inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required

by Subparagraph (b) of Paragraph (I) of Subsection I of20.11.61.7 NMAC.

(2) For an existing emissions unit (other than an electric utility steam generating unit), baseline actual

emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during

any consecutive 24-month period selected by the owner or operator within the 10 year period immediately preceding

either the date the owner or operator begins actual construction ofthe project, or the date a complete permit

application is received by the department for a permit required either under 20.11.61 NMAC or under a plan

approved by the administrator, whichever is earlier, except that the 10 year period shall not include any period

earlier than November 15, 1990.

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

associated with startups, shutdowns, and malfunctions.

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

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

consecutive 24-month period.

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

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

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

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 ifthe state has

taken credit for such emissions reductions in an attainment demonstration or maintenance plan consistent with the

reqnirements of 40 CFR 51.165(a)(3)(ii)(G).

(d) For a regulated new source review pollutant, when a project involves multiple emissions

units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the

emissions units being changed. A different consecutive 24-month period can be used for each regulated new source

review pollutant.

(e) The average rate shall not be based on any consecutive 24-month period for which there is

inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required

by Subparagraphs (b) and (c) of 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 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

clectric utility steam generating units in accordance with the procedures contained in Paragraph (I) of Subsection I

of 20.11.61.7 NMAC, for other existing emissions units in accordance with the procedures contained in Paragraph

(2) of Subsection I of 20.11.61.7 NMAC, and for a new emissions unit in accordance with the procedures contained

in Paragraph (3) of Subsection I of20.11.61.7 NMAC.

20.11.61 NMAC 3
J. "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 I'Wm') (annual average) ofthe pollutant for which the minor source baseline date is established.

(2) Area redesignations under Section 107(d)(I) (D) or (E) ofthe act cannot intersect or be smaller

than the area ofimpact of any major stationary source or major modification which:

(a) establishes a minor source baseline date; or

(b) is subject to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166, and

would be constructed in the same state as the state proposing the redesignation;

(3) Any baseline area established originally for total suspended particulates (TSP) increments shall

remain in effect and shall apply for purposes ofdetermining the amount of available 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) of Subsection MM of20.11.61.7 NMAC.

K. "Baseline concentration" means that ambient concentration level that exists in the baseline area

at the time of the 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) of Subsection K of 20.11.61.7 NMAC;

(b) the allowable emissions of major stationary sources that commenced construction before

the major source baseline date, but were not in operation by the applicable minor source baseline date.

(2) The following will not be included in the baseline concentration and will affect the applicable

maximum allowable increase(s):

(a) actual emissions from any major stationary source on which construction commenced after

the major source baseline date; and

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

source baseline date.

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

activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to,

installation ofbuilding supports and foundations, laying of underground pipework and construction ofpermanent

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

than preparatory activities which mark the initiation ofthe change.

M. "Best available control technology (BACT)" means an emissions limitation (including a visible

emission standard) based on the maximum degree ofreduction for each regulated 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, detennines is

achievable for such source or modification through application ofproduction processes or available methods,

systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control

ofsuch pollutant. In no event shall application 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 ofmeasurement methodology

to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment,

work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for

the application of best available control technology. Such standard shall, to the degree possible, set forth the

emissions reduction achievable by inJplementation 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 emitting activities which

belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under

the control ofthe same person (or persons under common control) except the activities of any vessel. Pollutantemitting activities shall be considered as part ofthe same industrial grouping ifthey belong to the same "major

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

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

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

O. "Class I area" means any federal land that is classified or reclassified as "class I" as listed in

20.11.61.25 NMAC.

20.11.61 NMAC 4
P. "Commence" as applied to construction of a major stationary source or major modification,

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

(I) begun, or caused to begin, a continuous program of actual 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 of actual 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 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 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 of entissions 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 of 20.11.61 NMAC, to monitor process and control device

operational parameters (fur example, contrul 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 of providing steam to a steam-electric generator that would produce electrical

energy for sale is also considered in determining the electrical energy output capacity ofthe 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 of20.11.61 NMAC, there are two types of emissions units as follows:

(I) a new emissions unit is any emissions unit that is (or will be) newly constructed and that has

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) of Subsection 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 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

admirtistrator, 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. "Greenhouse gases" or "GOGs" 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 5
DD. "High terrain" means any area having an elevation 900 feet or more above the base of a source's

stack.

EE. "Indian governing body" means the governing body of any lribe, band, or group ofindians

subject to the jurisdiction ofthe United States and recognized by the United States as possessing power ofselfgovernment.

FF. "Innovative control technology" means any system of air pollution control that has not been

adequately demonstrated in practice, but would have a substantial likelihood of achieving greater continuous

emissions reduction than any control system in current practice or achieving at least comparable reductions at lower

cost in terms of energy, economics, or non-air quality environmental impacts.

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

HH. "Lowest achievable emission rate (LAER)" means, for any source, the more stringent rate of

emissions based on the following:

(I) the most slringent emissions limitation which is contained in the implementation plan of any state

for such class or category ofstationary source, unless the owner or operator ofthe proposed stationary source

demonstrates that such limitations are not achievable; or

(2) the most stringent emissions limitation which is achieved in practice by such class or category 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 of performance.

II. "Major modification"

(I) Means any physical change in or cbange in the method ofoperation of a major stationary source

that would result in: a significant emissions increase of a 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 a major

stationary source that is significant for volatile organic compounds or oxides of nitrogen shall be considered

significant for ozone.

(3) A physical change or change in the method of operation shall not include:

(a) routine maintenance, repair, and replacement;

(b) use of an alternative fuel or raw material by reason of an order under Section 2(a) and (b) of

the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a

natural gas curtailment plan pursuant to the Federal Power Act;

(c) use of an alternative fuel by reasOn of an order or rule under Section 125 ofthe 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 ofan alternative fuel or raw material by a stationary source which:

(i) the source was capable of accommodating before Jannary 6, 1975, uuless such change

would be prohibited under any federal1y 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, 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 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 instal1ation, operation, cessation, or removal of a temporary clean coal technology

demonstration project, provided that the project complies with:

(i) the state implementation plan for the state in which the project is located; and

(ii) other requirements necessary to attain and maintain the national ambient air quality

standards during the project and after it is terminated;

(i) the installation or operation of a permanent clean coal technology demonstration project that

constitutes repowering, provided that the project does not result in an increase in the potential to emit of any

regulated new source review pollutant emitted by the unit; this exemption shall apply On a pollutant-by-pollutant

basis; or

(j) the reactivation of a very clean coal-fired eleclric utility steam generating unit.

20.11.61 NMAC 6
(4) This definition sball not apply with respect to a particular regulated 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) of Subsection 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 of nitrogen dioxide, February 8, 1988.

KK. "Major stationary sonrce"

(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 or more of any regulated new source review pollutant;

(b) notwithstanding the stationary source categories specified in Subparagraph (a) ofParagraph

(I) of Subsection KK of20.11.61.7 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 KK of 20.11.61.7 NMAC, as a major stationary source if the change would constitute a major stationary

source by itself.

(2) A major source that is major for volatile organic compounds or oxides of nitrogen shall be

considered major for ozone.

(3) The fugitive emissions of a stationary source shall not be included in determining whether it is a

major stationary source, unless the source belongs to one ofthe stationary source categories found in Table I of

20.11.61.26 NMAC or any other stationary source category which, as of August 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.

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.

(I) 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 bave 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) 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 would be emitted in significant

amounts, or in the case of a major modification, there would be a significant net emissions increase ofthe pollutant.

(3) Any minor source baseline date established originally for the TSP increments shall remain in

effect and sball apply for purposes ofdetermining the amount of available PMIO increments, except that the

department may rescind any such minor source baseline date where it can be shown, to the director's satisfaction

that, either the emissions increase from the major stationary source, or the net emissions increase from the major

modification, responsible for triggering that date did not result in a significant amount ofPM,o emissions.

NN. "Natural conditions" includes natorally occurring phenomena that reduce visibility as measured

in terms of visual range, contrast or coloration.

00. "Necessary preconstrnction approvals or permits" mean those permits or approvals required

under fedeml air quality control laws and regulations and those air quality control laws and regulations which are

part ofthe New Mexico state implementation plan.

PP. "Net emissions increase"

(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 particular physical change or cbange in the method of

operation at a stationary source as calculated pursuant 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 of construction on the particular change; and

(b) the date that the increase from the particular change occurs.

(3) An increase or decrease in actual emissions is creditable only if:

(a) it occurs between:

(i) the date five years prior to the commencement of construction on the particular

change; and

(ii) the date that the increase from the particular change occurs; and

(b) the department has not relied on it in issuing a permit for the source under regulations

approved pursuant to 20.11.61 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 if it 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 of actual

emissions exceeds the old level.

(6) A decrease in actual emissions is creditable only to the extent that:

(a) the old level of actual emissions or the old level of allowable emissions, whichever is lower,

exceeds the new level of actual emissions;

(b) it is enforceable as a practical matter at and after the time that actual construction on the

particular change begins; and

(c) it has approximately the same qualitative significance for public health and welfare as that

attributed to the increase from the particular change; and

(7) an increase that results from a physical change at a source occurs when the emissions unit on

which construction occurred becomes operational and begins to emit a particular pollutant; any replacement unit that

requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days.

(8) Paragraph (2) of Subsection B of20.11.61.7 NMAC sball not apply for determining creditable

increases and decreases.

QQ. "Nonattalnment area" means an area which has been designated 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 of a stationary source to emit a pollutant under

its physical and operational design. Any physical or operational limitation on the capacity ofthe source to emit a

pollutant, including air pollutant control equipment and restrictions on hours ofoperation or on the type or amount

ofmaterial combusted, stored, or processed, shall be treated as part ofits design ifthe limitations or the effect the

limitation would have on emissions is federally enforceable. Secondary emissions do not count in determining the

potential to emit of a 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 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 fullowing that date, ifthe project

involves increasing the emissions unit's design capacity or its potential to emit that regulated new source 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

operator ofthe major stationary source:

(a) shall consider all relevant information, including but not limited to, historical operational

data, the company's own representations, the company's expected business activity and the company's highest

20.11.61 NMAC 8
projections of business activity, the company's filings with the state or federal regulatory authorities, and compliance

plans under an approved SIP; and

(b) shall include fugitive emissions to the extent quantifiable and emissions associated with

startups, shutdowns, and malfunctions; and

(c) shall exclude, in calculating any increase in emissions that results from the particular

project, that portion 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 projec~ 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) ofParagraph (2) of Subsection 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) of Subsection WW of 20.11.61.7 NMAC 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 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 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 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..s concentrations;

(2) any pollutant that is subject to any standard promulgated under Section III ofthe act;

(3) any class I or 11 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 defmed in Subsection CCC

of20.11.61.7 NMAC;

(5) notwithstanding Paragraphs (I) through (4) of Subsection WW of20.11.61.7 NMAC, the term

"regulated NSR pollutanf' shall not include any or all hazardous air pollutants either listed in Section 112 ofthe ac~

or added to the list pursuant to Section 112(b)(2) ofthe act, and which have not been delisted pursuant to Section

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

general pollutant listed under Section 108 ofthe act;

(6) particulate matter (PM) emissions, 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,., and PM,.

issued prior to this date shall not be based on condensable particulate mailer 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 of 20.11.61 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 of an existing emissions unit.

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

(3) The replacement unit does not change the basic design parameter(s) 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 back into operation, it shall constitute a new emissions unit.

¥Y. "Secondary emissions" means emissions which occur as a result ofthe construction or operation

of a major stationary source or major modification, but do not come from the major stationary source or major

20.11.61 NMAC 9
modification itself. For the purpose of 20.11.61 NMAC, secondary emissions must be specific, well defmed,

quantifiable, and impact the same general areas as the stationary source or modification which causes the secondary

emissions. Secondary emissions include emissions from any offsite support facility which would not be constructed

or increase its emissions except as a result ofthe construction or operation ofthe major stationary source or major

modification. Secondary emissions do not include any emissions which come directly from a mobile source, such as

emissions from the tailpipe of a motor vehicle, from a train, or from a vessel.

ZZ. "Significant" means:

(I) in reference to a net emissions increase or the potential of a source to emit any ofthe pollutants

listed in Table 2 of20.11.61.27 NMAC, a rate of emissions that would equal or exceed any ofthe corresponding

emission rates listed in Table 2 of20.11.61.27 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 (I) of Subsection ZZ of 20.11.61.7 NMAC, does not list, any emissions rate; and

(3) notwithstanding Paragraph (I) of Subsection ZZ of20.11.61.7 NMAC, any emissions rate or any

net emissions increase associated with a major stationary source or major modification, which would construct

within 10 kilometers of a class I area, and have an impact on such area equal to or greater than 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 that pollutant.

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 ofthe CFR, that requires actual contrul ofthe quantity of emissions ofthat pollutant, and that

such a contrul 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:

(I) Greenhouse gases (GUGs) shall not be subject to regulation except as provided in Paragraphs (4)

and (5) of Subsection CCC of20.11.61.7 NMAC.

(2) For purposes ofParagraphs (3) through (5) of Subsection CCC of20.11.61.7 NMAC, the term

"tpy CO, equivalent emissions (CO,e)" shall represent an amount ofGHGs emitted, and shall be computed as

follows:

(a) multiplying the mass amount of emissions (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 subpart A ofPart 98 of

Chapter I ofTitle 40 ofthe 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 tpyCO,e.

(3) The term "emissions increase" as used in Paragraphs (4) and (5) of Subsection 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 shall be based on tpy

CO,e, and shall be calculated assunting the pollutant GHGs is a regulated NSR pollutant, and "significant" is

defmed as 75,000 tpy C02e instead of applying the value in Table 2 of20.11.61.27 NMAC.

(4) Beginning January 2, 2011, the pollutant GHGs is subject to regulation if:

(a) the stationary source is a new major stationary source for a regulated NSR pollutant that is

not GHGs, and also will emit or will have the potential to emit 75,000 tpy CO,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 CO,e or more; and,

(5) beginning July I, 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 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 a physical change or change in the method ofoperation that will result in an

emissions increase of75,OOO tpy CO,e or more.

DDD. "Temporary source" means a stationary source which changes its location or ceases to exist

within two years from the date ofinitial start ofoperations.

20.11.61 NMAC 10
EEE. "Visibility impairment" means any humanly perceptible change in visibility (visual range,

contrast, coloration) from that which would have existed under natural conditions.

FFF. "Volatile organic compound (VOC)" means any compound of carbon, excluding carllon

monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carllonate, 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 51.1OO(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 of a

city or county ordinance or board regulation. Prosecution for a violation under prior regulation 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: If any section, paragraph, sentence, clause, or word of20.1\.61 NMAC or

any federal standards incorporated herein is for any reason held to be unconstitutional or otherwise 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 health department, One Civic Plaza NW, 3rd Floor, 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 of any new major stationary

source or any project at an existing major stationary source in an area designsted as attainment or unciassifIable.

B. The requirements of Sections 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 construction of any new major stationary source or the major

modifIcation of any existing major stationary source, except as 20.11.61 NMAC otherwise provides.

C. No new major stationary source or major modifIcation to which the requirements of Subsections

A, B, C and D of20.11.6\.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 major modifIcation 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 of major modifIcation, a project is a major modifIcation for a regulated new source review pol1utant ifit

causes a significant emissions increase and a significant net emissions increase. The project is not a major

modification ifit does not Cause a significant emissions increase. Ifthe project causes a significant emissions

increase, then the project is a major modification only ifit also results in a significant net emissions increase.

(2) The procedure for calculating (before beginning actual construction) whether a signifIcant

emissions increase (i.e., the fIrst step ofthe process) will occur depends upon the type of emissions units being

modifIed, according to Paragraphs (3) through (4) of Subsection 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 of the process) is contained in the defInition in Subsection PP of

20. I \.6\.7 NMAC. Regardless of any such preconstruction projections, a major modifIcation results ifthe project

causes a significant emissions increase and a significant net emissions increase.

(3) Actual-to-projected-actual applicability test for projects that only Involve existing emissions

units. A signifIcant emissions increase of a regulated new source review pol1utant is projected to occur ifthe sum of

the difference between the projected actual emissions and the baseline actual emissions for each existing emissions

unit equals or exceeds the signifIcant amount for that polIutant.

(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 ifthe sum

ofthe difference between the potential to emit from each new emissions unit fol1owing completion ofthe project

20.1\.61 NMAC 11
and the baseline actual emissions ofthese units before the project equals or exceeds the significant amount for that

pollutant.

(5) Hybrid test for projects that involve multiple types of emissions units. A significant

emissions increase of a 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) of Subsection D of

20.11.61.11 NMAC as applicable with respect to each emissions unit, for each type of emissions unit equals or

exceeds the significant amount for that pollutant.

E. For any major stationary source for a PAL for a regulated 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 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 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 if construction is not commenced within 18 months

after receipt ofsuch 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 ofthe

approved phases of a 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 of a relaxation in any enforceable limitation which was established after August 7,

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

operation, then 20.11.61 NMAC shall apply to the source or modification as though construction had not yet

conunenced on the source or modification.

E. Except as othermse provided in Subparagraph (b) ofParagraph (6) of Subsection 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) 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 ofsuch pollutant and the owner or operator elects to USe the method specified in Paragraphs (I) through (3)

of Subsection VV of 20.11.61.7 NMAC for calculating projected actual 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 of a 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 of emissions excluded under Paragraph (3) of Subsection VVof 20.11.61.7 NMAC

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

(2) Ifthe emissions unit is an existing electric utility steam generating unit, before beginning actual

construction, the owner or operator shall provide a copy ofthe information set out in Paragraph (I) ofSubsection E

of20.11.61.12 NMAC to the department. Nothing in Paragraph (2) ofSubsection E 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, 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 ofthe project and that is emitted by any emissions unit identified in Subparagraph (b)

ofParagraph (I) of Subsection E of20.11.61.12 NMAC; and calculate and maintain a record ofthe annual

emissions, in tons per year on a calendar year basis, for a period offive years following resumption ofregular

operations after the change, or for a period of 10 years following resumption ofregular operations after the change if

20.11.61 NMAC 12
the project increases the design capacity or potential to emit ofthat regulated new source review pollutant at such

emissions unit. For purposes of Paragraph (3) of Subsection E of20.11.61.12 NMAC, fugitive emissions (to the

extent quantifiable) shall be monitored ifthe emissions unit is part of one ofthe source categories listed in Table I

of 20.11.61.26 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 of each year during which records must be generated under

Subparagraph (c) ofParagraph (I) of Subsection 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

in Paragraph (I) of Subsection E of 20.11.61.12 NMAC, exceed the baseline actual emissions (as documented and

maintained pursuant 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 maintained pursuant to Subparagraph (c) ofParagraph (I) of Subsection 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) 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 ofthe amount that is a

"significant emissions increase," as defined under Subsection AAA of20.11.61.7 NMAC (without reference to the

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

(b) a projected actual emissions increase that, added to the amount of emissions excluded under

Paragraph (3) of Subsection VV of20.11.61.7 NMAC, surns to at least 50 percent ofthe amount that is a

"significant emissions increase," as dermed under Subsection AAA of 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) ofParagraph (6) of Subsection E

of20.11.61.12 NMAC, and not also within the meaning of Subparagraph (a) ofParagraph (6) ofSubsection E of

20.11.61.12 NMAC, then provisions of Paragraphs (2) through (5) of Subsection 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 of20.1 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 or operator of a proposed source or modification shall

submit all information necessary to perform any analysis or make any determination required by 20.11.61 NMAC.

A. Information shall include, but is not limited to:

(I) a description ofthe nature, location, design capacity, and typical operating schedule ofthe source

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

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

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

modification, emission estimates, and other information necessary to determine that best available contrul

technology will be applied.

B. Upon request by the departtnent. the owner or operator 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 of any or all general commercial, residential,

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

affect.

[20.11.61.13 NMAC - Rp, 20.11.61.13 NMAC, 1/23/06]

20.11.61 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 in Table 2 of 20.11.61.27 NMAC. This requirement applies to each proposed emissions

unit or opemtion that will emit such pollutant.

B. A major modification shall apply best available control technology for each regulated new source

review pollutant at the source when a significant net emissions increase occurs. This requirement applies to each

proposed emissions unit or operation where a net emissions increase in the pollutant would occur as a result of a

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

C. For phased construction projects. the determination ofbest available control technology shall be

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

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

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

available control technology for the source.

D. Innovative control technology. The department may approve a system ofinnovative control

technology for the major stationary source or major modification if:

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

health, welfare, or safety in its opemtion or function; and

(2) the owner or opemtor agrees to achieve a level of continuous emissions reduction equivalent to

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

department. Such date shall not be later than four years from the time 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 would be required to meet on the date specified by the department; and

(4) during the interim period of achieving the pennitted emission level, the source or modification

would not:

(5)

E.

if:

(a) cause or contribute to a violation of an applicable national ambient air quality 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 participation have been 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

reduction rate; 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 of control or to protect the public health, welfare, or safety.

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

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

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

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

G. Ifthe owner or opemtor of a major stationary source or major modification previously issued a

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

months from the date the pennit would become invalid, the detennination of best 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 of any previous detennination of best

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 each pollutant emitted by a new major

stationary source or major modification in amounts equal to or greater than that in Table 2 of 20.11.61.27 NMAC.

20.11.61 NMAC 14
For paniculate matter, the source will only be 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 of the 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 air pollution 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 of Paragraph (I) or Paragraph (2) of Subsection B of 20.11.61.15 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 ofthe air quality impact projected for the area

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

modification.

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

department determines that an adverse impact on visibility may occur due primarily to the operations 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 of visibility monitoring required by the depanment shall not exceed 50 percent ofthe cost

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

estimated as ifit were required for each pollutant to which 20.11.61 NMAC applies;

(3) both preconstruction and post construction visibility monitoring may be required; in each case, the

duration of such monitoring shall not exceed one year.

[20.11.61.16 NMAC - Rp, 20.11.61.16 NMAC, 1/23/06; A, 8/30/10]

20.11.61.17 AMBIENT AIR QUALITY MODELING: All estimates of ambient concentrations required by

20.11.61 NMAC shall be based on applicable air quality models, data bases, and other requirements as specified in

Appendix W to 40 CFR Pan 51, its revisions, or any superseding EPA document, and approved by the department.

Where an air quality model specified in the Appendix W to 40 CFR pan 51, Guideline on Air Quality Models, is

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

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

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

Subsection B of 20.11.61.21 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 of ambient 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 which the potential to emit is equal to or greater

than the significant emission rates as listed in Table 2 of 20.11.61.27 NMAC; or

(2) for a major modification, each pollutant 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 15
20.11.61.20

A.

detennines is necessary to assess ambient air quality for that pollutant in any area that the emissions ofthat pollutant

would affect.

C. For pollutants (other than nonmethane hydrocarbons) for which a standard does exist, the analysis

shall contain continuous air quality monitoring data gathered for purposes of detennining whether emissions ofthat

pollutant would cause or contribute to a violation ofthe standard or any maximum allowable increase. Such data

shall be submitted to the department for at least the one year period prior to receipt ofthe permit application. The

department has the discretion to:

(I) detennine that a complete and adequate analysis can be accomplished with monitoring data

gathered over a period shorter than one year but not less than four months; or

(2) detennine that existing air quality monitoring data is representative of air quality in the affected

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

D. Ozone monitoring shall be performed if monitoring data is required for volatile organic

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

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

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

20.11.61.18 NMAC.

E. Reserved.

F. Post-construction monitoring. The owner or operator of a 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 of ambient air

quality standards and to assure that increments are not exceeded.

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

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

purposes ofsatisfying the requirements of 20.11.61.18 NMAC.

H. The department has the discretion to exempt a stationary source or modification from the

requirements of 20.11.61.18 NMAC with respect to monitoring for a particular pollutant if the 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 of 20.11.61.28 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 particular pollutant if:

(I) for ozone, volatile organic compound emissions and oxides of nitrogen are less than 100 tons per

year; or

(2) the air pollutant is not a regulated new source review pollutant; or

(3) the existing ambient concentrations ofthe pollutant in the area affected by the source or

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

[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 of Subsection B of20.11.61.15

NMAC, 20.11.61.16 NMAC and 20.11.61.18 NMAC shall not apply to a major source or modification with respect

to a particular pollutant. if the 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 of an actuals PAL for any existing major stationary source if

the PAL meets the reqnirements of 20.11.61.20 NMAC. The term "PAL" shall mean "actuals PAL" throughout

20.11.61.20 NMAC.

(2) Any physical change in or change in the method of operation of a major stationary source 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

20.11.61 NMAC 16
(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 ofthe major

new source review program).

(3) Except as provided under Subparagraph (c) of Paragraph (2) of Subsection A of 20.11.61.20

NMAC, a major stationary source shan continue to comply with an applicable federal or state requirements,

emission limitations, and work practice requirements tbat were established prior to the effective date of the PAL.

B. Definitions appUcable to 20.11.61.20 NMAC.

(I) Actua" PAL for a major stationary source means 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 emissions means "allowable emissions" as defined in Subsection F of 20.11.61.7

NMAC, except as this definition is modified in accordance with the following.

(a) The allowable emissions for any emissions unit sball be calculated considering any

emission limitations that are enforceable as a practical matter on the emissions unit's potential to emit.

(b) An emissions unit's potential to emit shall be determined using the definition in Subsection

SS of 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 bas 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

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 defmition of major stationary source in Section 182(c) of

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

ozone nonattainment area and it emits or bas the potential to emit 50 or more tons ofVOC per year.

(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 of the PAL permit. However, the PAL

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

becomes operational and begins to emit the PAL pollutant.

(7) PAL effective period means the period beginning with the PAL effective date and ending 10

years later.

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

emissions increase in 20.11.61.7 NMAC, any physical change in or change in the method of operation 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 permit, or

the state operating permit under a 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 or bas 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 defmed in Paragraph (4) of Subsection B of20.11.61.20 NMAC.

C. Permit appUcation requirements. As part of a permit application requesting a PAL, the owner

or operator of a 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 or major based on their

potential to emit. In additiort, 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 ofthe baseline actual emissions with supporting documentation. Baseline actual

emissions are to include emissions associated not only with operation ofthe unit, but also emissions associated with

startup, shutdown, and malfunction.

20.11.61 NMAC 17
(3) The calculation procedures that the major stationary source owner or operator proposes to use to

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

each month as required by Subsection M of20.1\.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 emission limitation 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 of establishing 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 owner or operator shall show that the sum ofthe preceding monthly emissions from the

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

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

requirements in Subsection E of 20.11.61.20 NMAC.

(c) The PAL permit shall contain all the requirements ofSubsection G of 20.1\.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 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 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 with 40 CFR 51.160 and 161. This

includes the requirement that the department provide the public with notice ofthe 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 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 of 20.1 \.6 \.7 NMAC or under the act, whichever is lower. When establishing the actuals PAL

level, for a PAL pollutant, only one consecutive 24-month period must be used to determine the baseline actual

emissions for all existing emissions units. However, a different consecutive 24-month period may be used for each

different PAL pollutant. Emissions associated with units that were permanently shutdown after this 24-month

period must be subtracted from the PAL level. The department shall specify a reduced PAL level(s) (in tonslyr) in

the PAL permit to become effective on the future compliance date(s) of any applicable federal or state regulatory

requirement(s) that the department is aware of prior to issuance ofthe PAL permit. For instance, ifthe source owner

or operator will be required to reduce emissions from industrial boilers in half from baseline emissions of 60 ppm

NOx to a new rule limit of 30 ppm, then the permit shall contain a future effective PAL level that is equal to the

current PAL level reduced by half ofthe 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 of adding the baseline actual emissions as specified in

Paragraph (I) of Subsection F of 20.1\.6\.20 NMAC, the emissions must be added to the PAL level in an amount

equal to the potential to emit ofthe units.

G. Contents of the PAL permit. The PAL permit 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 permit effective date and the expiration date ofthe PAL (PAL effective period).

(3) Specification in the PAL permit that if a major stationary source owner or operator applies to

renew a PALin accordance with Subsection J of 20.1\.6\.20 NMAC before the end ofthe PAL effective period,

20.1\.61 NMAC 18
then 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 of Subsection 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) of Subsection C of 20.11.61.20 NMAC.

(7) A requirement that the major stationary source owner or operator monitor all emissions units in

accordance with the provisions under Subsection M of 20. I 1.61.20 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 subntit the reports required under Subsection N of 20. I 1.61.20 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 of the PAL permit.

(I) PAL effective period. The PAL effective period shall be \0 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 more accurate determination of entissions 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 of 20.11.61.20 NMAC.

(b) The department may reopen the PAL pennit 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 ifthe department

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

or to an adverse impact on an air quality related values (AQRV) that has been identified for a federal class I area by

a federal land manager and for which information is available to the general public.

(c) Except for the pennit reopening in Subparagraph (a) ofParagraph (2) of Subsection 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 of Subsection E of

20.\ 1.61.20 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 ofthe PAL effective period, and the requirements in

Subsection I of20.11.61.20 NMAC shall apply.

(I) Each emissions unit, or each group of emissions 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 PAL renewals in Paragraph (2) of Subsection 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 of entissions 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 PAL effective period, as required under Paragraph (5) of Subsection J of 20.11.61.20

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 of monitoring systems (source testing, emission factors, etc.) other than

CEMS, CERMS, PEMS or CPMS 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 of emissions units, as required under Subparagraph (b) ofParagraph (I) of Subsection 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) Any physical 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

or prior to the PAL effective 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) ofParagraph (2) of Subsection A of 20.11.61.20 NMAC.

J. Renewal ofa PAL.

(\) 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 fur the proposed PAL level to the public for review and comment. During such public

review, any person may propose a PAL level for the source for consideration by the department.

(2) Application deadline. A major stationary source 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. Ifthe 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 ofthe 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) ofParagraph (4) Subsection J of 20.11.61.20 NMAC.

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

of 20.11.61.20 NMAC.

(a) Ifthe emissions level calculated in accordance with Subsection F of 20.11.61.20 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) of Subsection J of 20.11.61.20 NMAC; or

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

the source's baseline actual emissions, or that it determines to be appropriate considering air quality needs, advances

in control technology, anticipated economic growth in the area, desire to reward or encourage the source's voluntary

emissions reductions, or other factors as specifically identified by the department in its written rationale.

(c) Notwithstanding Subparagraphs (a) and (b) ofParagraph (4) of Subsection J of 20.11.61.20

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 of 20.11.61.20 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 requirement, the PAL shall

be adjusted at the time ofPAL permit renewal or Title V permit renewal, 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 ofthis application, the major stationary source owner or operator shall demonstrate

that the sum ofthe baseline actual emissions ofthe small emissions units, plus the sum of the baseline actual

emissions ofthe significant and major emissions units assuming application ofBACT equivalent controls, plus the

sum of the allowable emissions ofthe new or modified emissions unit(s), exceeds the PAL. The level of control that

would result from BACT equivalent controls on each significant or major emissions unit shall be determined by

conducting a new BACT analysis at the time the application is submitted, unless the emissions unit is currently

required to comply with a BACT or LAER 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 major new source review permit for all emissions unit(s)

identified in Subparagraph (a) ofParagraph (I) of Subsection 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 PAL permit shall require that the increased PAL level shall be effective on the day any

emissions unit that is part ofthe PAL major modification becomes operational and begins to emit the PAL pollutant.

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

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

units (assunting application ofBACT equivalent controls as determined in accordance with Subparagraph (b) of

Paragraph (I) of Subsection K of 20.11.61.20 NMAC), plus the sum ofthe baseline actual emissions ofthe small

emissions units.

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

requirements of Subsection E of20. I 1.61.20 NMAC.

L. Monitoring requirements for PALs.

(I) General requirements.

(a) Each PAL permit must contain enforceable reqnirements 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 a judicial 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) of Subsection L of 20.11.61.20 NMAC

and must be approved by the department.

(c) Notwithstanding Subparagraph (b) ofParagraph (I) of Subsection L of20.11.61.20 NMAC,

you may also employ an alternative monitoring approach that meets Subparagraph (a) ofParagraph (I) of

Subsection L of 20.11.61.20 NMAC if approved by the department.

(d) Failure to use a monitoring system that meets the reqnirements of 20.11.61.20 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) of Subsection L of20.11.61.20 NMAC:

(a) mass balance calculations for activities using coatings or solvents;

(b) CEMS;

(c) CPMS or PEMS; and

(d) emission factors.

(3) Mass balance calculations. An owner or operator using mass balance calculations to monitor

PAL pollutant emissions from activities using coating or solvents shall meet the following requirements:

(a) provide a demonstrated means of validating the published content 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 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 ofthe range to

calculate the PAL pollutant emissions unless the department detemtines 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 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 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 ofoperation ofthe

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 operator using emission factors to monitor PAL pollutant

emissions shall meet the following requirements:

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

or limitations in the factors' development;

(b) the emissions unit shall operate within the designated range ofuse for the emission factor, if

applicable; and

(c) iftechnically 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 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 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 of20.11.61.20

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 ofthe emissions unit, the department shall,

at the time ofpermit issuance:

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

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

(b) detennine that operation ofthe emissions unit during operating conditions when there is no

correlation between monitored parameter(s) and the PAL pollutant emissions is a violation ofthe PAL.

(9) 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 operator to retain a copy of all records necessary to

determine compliance with any requirement of 20.11.61.20 NMAC and ofthe PAL, including a detennination 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 operator to retain a copy ofthe following records, for

the duration ofthe PAL effective period plus five years:

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

(b) each annual certification of compliance 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 of each reporting period. This report shall contain the following infonnation.

(a) The identification ofowner 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 (I) of Subsection M of20.11.61.20 NMAC.

20.11.61 NMAC 22
(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 notification 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 ofthe emissions ofthe pollutant or the number

determined by method included in the permi~ 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 ofthe information provided in the report.

(2) Deviation report. The major stationary source owner or operator shall promptly submit reports

of any deviations or exceedance ofthe PAL requirements, including periods where no monitoring is available. A

report submitted pursuant to 40 CFR 70.6(a)(3)(iii)(B) shall satisfy this reporting requirement. The deviation reports

shall be submitted within the time limits prescribed by the applicable program implementing 40 CFR

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

(a) the identification 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 dermed 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 of any

revalidation test or method within three 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 of Subsections

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 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]

20.11.61.21 PUBLIC PARTICIPATION AND NOTIFICATION:

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

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

submitted. To be deemed administratively complete, the application must meet the requirements 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 sent by certified mail to the applicant;

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

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

upon receipt ofthe additional information or clarification, the department shall promptly review such information

and determine whether the application is administratively complete;

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

applicant informing the applicant ofthe determination.

B. For purposes of determining 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 deficiency in the application

or information submitted, the date ofreceipt ofthe application shall be the date on which the department received all

required information.

C. Within one year after receipt of a 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, if any, considered in making the preliminary determination.

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

proposed source would be constructed:

(a) ofthe application;

(b) the preliminary determination;

(c) the degree ofincrement consumption that is expected from the source or modification; and

(d) ofthe opporturtity for comment at a public hearing as well as written public comment; the

public comment period shall be for 30 days from the date ofsuch advertisement.

(4) Send a copy ofthe notice ofpublic comment to:

(a) the applicant;

(b) the administrator; and

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

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

county where the source would be located; any comprehensive regional land use planning agency; and any state,

federal land manager, or Indian governing body whose lands may be affected by emissions from the source or

modification.

(5) Provide opporturtity for a public hearing for interested persons to appear and submit written or

oral comments on the air quality impact of the source, alternatives to it, the control technology required, and other

apPropriate considerations.

(6) Consider all written comments submitted within a time specified in the notice of public comment

and all comments received at any public hearing(s) in making a [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 of whether 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 of 20.11.43 NMAC, Stack Heights 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 ofpetroleum products, natural gas, or both by reason of an order in effect under Section 2 (a)

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

emissions from such sources before the effective date ofsuch an order;

(2) concentrations attributable to the increase in emissions from sources which have converted from

using natural gas by reason of natural gas curtailment plan in effect pursuant to the Federal Power Act, over the

emissions from such sources before the effective date ofsuch plan;

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

other temporary emission-related activities of new or modified sources;

(4) the increase in concentrations attributable to new sources outside the United States over the

concentrations attributable to existing sources which are included in the baseline concentration; and

(5) concentrations attributable to the temporary increase in emissions ofsulfur dioxide, particulate

matter, or nitrogen oxides from stationary sources which are affected by plan revisions approved by the

administrator as meeting the criteria specified in Subsection D of20.11.61.23 NMAC.

20.11.61 NMAC 24
B. Ifthe plan provides that the concentrations to which Psragraph (l) or (2) of Subsection A of

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

apply more than five years after the effective date ofthe order to which Psragraph (I) of Subsection A of

20.11.61.23 NMAC refers, or the plan to which Psragraph (2) of Subsection A of20.11.61.23 NMAC refers,

whichever is applicable. Ifboth such order and plan are applicable, no such exclusion shall apply more than five

years after the later ofsuch effective dates.

C. [Reserved]

D. For purposes of excluding concentrations pursuant to Psragraph (5) of Subsection A of

20.11.61.23 NMAC, the administrator may approve a plan revision that:

(I) specifies the time over which the temporary emissions increase ofsulfur dioxide, particulate

matter, or nitrogen oxides would occur such time is not to exceed 2 years in duration unless a longer time is

approved by the administrator.

(2) specifies that the time period for excluding certain contributions in accordance with Paragraph (I)

of Subsection D of 20.11.61.23 NMAC, is not renewable;

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

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

(b) cause or contribute to the violation of a national ambient air quality standard;

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

Paragraph (l) of Subsection D of 20.11.61.23 NMAC, which would ensure that the emissions levels from stationary

sources affected by the plan revision would not exceed those levels occurring from such sources before the plan

revision was approved.

[20.11.61.23 NMAC - Rp, 20.11.61.21 NMAC, 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 of each permit application relating to a major stationary source or major modification proposing to locate

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

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

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

quality related values (AQRV). This consideration shall include visibility, if such analysis is received within 30

days after the federal land manager receives a copy ofthe complete application. Additionally, the department shall

notify any affected federal land manager within 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 of every 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 or give notice to the public by advertisement in

a newspaper ofgeneral circulation in the area in which the proposed source would be constructed, as to where the

decision can be obtained.

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

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

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

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

NMAC and shall make available to them any materials used in making that determination. The department shall

include a provision for a 60 day comment period for the federal land managers before any public hearing on a permit

application is held.

C. Federal land managers may demonstrate to the department that emissions from a proposed source

or modification would have an adverse impact on air quality related values, including visibility, of any federal class

I lands under their jurisdiction. This may be done even though the change in air quality resulting from emissions

20.11.61 NMAC 25
20.11.61.25

A.

from the proposed source or modification 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 not be issued a permit.

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

the federal land manager that the emissions from a proposed source or modification would have no adverse impact

on air quality related values, including visibility, offederal class I area under his or her jurisdiction. This may be

done even though the change in air quality resulting from emissions from such source or modification 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 must be included in the perntit as

necessary to assure that entissions ofsulfur dioxide, particulate matter, and oxides of nitrogen would not exceed 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 not perform an impact analysis with respect to

visibility impairment in a federal class I area, the department may perform such an analysis. The department shall

not issue the source a perntit ifthe department determines that an adverse impact on visibility would occur. The

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

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

proposed major stationary source or major modification, which cannot be approved under Subsection D of

20.11.61.23 NMAC, may demonstrate to the govemor that the source cannot be constructed by reason of an

exceedance of a maximum allowable increase for a federal class I area for sulfur dioxide for a period of 24 hours or

less. The owner or operator may also demonstrate that a waiver from this requirement would not adversely affect

the air quality related values 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

such maximum 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 of a source or modification who obtains a perntit

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

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

20.11.61.31 NMAC for periods of 24 hours 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

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

governor and the federal land manager shall be transmitted to the president through the office ofthe governor. 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, not necessarily 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) Bandelier wilderness, administered by national park service (NPS);

(b) Bosque del Apache wilderness, administered by national fish and wildlife service (NFWS);

(c) Carlsbad caverns national park, administered by NPS;

(d) Gila wilderness, administered by national forest service (NFS);

(e) Pecos wilderness, administered by NFS;

(I) Salt Creek wilderness, adntinistered by NFWS;

(g) San Pedro Parks wilderness, adntinistered by NFS;

(h) Wheeler Peak wilderness, 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 of August 7, 1977, exceeded 10,000 acres in size and was a national

monument, national primitive area, national preserve, national recreational area, national wild and scenic river,

national wildlife refuge; and

(b) a national park or national wilderness area established after August 7, 1977 which exceeds

10,000 acres in size.

(2) Specifically for New Mexico, these areas Include (but are not necessarily limited to):

(a) Apache Kid wilderness, administered by national forest service (NFS);

(b) Bandelier national monument, administered by national park service (NPS);

(c) Bitter Lake national wildlife refuge, administered by national fish and wildlife service

(NFWS);

(d) Blue Range wilderness, administered by NFS;

(e) Bosque del Apache national wildlife refuge, administered by NFWS;

(f) Capitan mountains wilderness, administered by NFS;

(g) Cebolla wilderness, administered by bureau ofland management (BLM);

(h) Chama River Canyon wilderness, administered by NFS;

(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, administered by NFS;

(m) Manzano mountain wilderness, administered by NFS;

(n) San Andres national wildlife refuge, administered by NFWS;

(0) Sandia Mountain wilderness, administered by NFS;

(P) Sevilleta national wildlife refuge, administered by NFWS;

(q) West Malpais wilderness, administered by BLM; .

(r) White Sands national monument, administered by NPS; and

(s) Withington Wilderness, administered by NFS.

[20.11.61.25 NMAC - Rp, 20.11.61.20 NMAC, 1/23/06; A, 8/30/10]

20.11.61.26 TABLE 1- PSD SOURCE CATEGORIES:

A. Carbon black plants (furnace process).

B. Charcoal production plants.

C. Chemical process plants (the term chemical processing plant shall not include ethanol production·

facilities that produce ethanol by natural fermentation included in NAICS Codes 325193 or 312140).

D. Coal cleaning plants (with thermal dryers).

E. Coke oven batteries.

F. Fossil fuel boilers (or combinations thereof) totaling more than 250 ntillion BTU/hr heat input.

G. Fossil fuel-fired steam electric plants of more than 250 ntillion BTU/hr heat 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 of charging 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. Sulfur recovery plants.

AA. Sulfuric acid plants.

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 hvdrogen chloride) 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 a PM ,.,

precursor under Subsection WW of

20.11.61.7 NMAC

Sulfur compounds

Hvdrogen sulfide (H,S) 10

Reduced sulfur compounds (incl. H,S) 10

Sulfur dioxide 40

Sulfuric acid mist 7

Total reduced sulfur (incl. H,S) 10

Any other regulated new source review pollutant that is not listed in Any emission mte

this table

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 Ian ofthe source.

- AIR QUALITY

POLLUTANT CONCENTRATION AVERAGING TIME micrograms per cubic meter

(ug,tmJ

)

Carbon monoxide 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 28
Nitrogen dioxide 14 Annual

Ozone b

Particulate matter (PMIO) 10 24 hours

Sulfur comDounds

Hydrogen sulfide (H,S) 0.20 I hour

Reduced sulfur comDounds (incl. H,S) 10 I hour

Sulfur dioxide 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 of volatile organic compounds or nitrogen oxides subject to PSD would be required to

Derform an ambient imDact analysis, including the gathering of ambieot 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)

(uwmJ

)

Cia•• 1 Cia•• II Cia•• III

Nitrogen Dioxide

annual arithmetic mean 2.5 25 50

Particulate Maller

PM,., annual arithmetic mean 4 17 34

PM10, 24-hour maximum 8' 30' 60'

Sulfur Dioxide

annual arithmetic mean 2 20 40

24-hour maximum 5' 91' 182'

3-hour maximum 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-hour maximum 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 of Expo.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 that previously filed with the commission of

public records - state records center and archives.

Regulation No. 29, Prevention of Significant Deterioration, 1/3/85;

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

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

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

Regulation No. 29, Prevention of Significant Deterioration, 2/26/93.

History ofRepealed Material:

20 NMAC 11.61, Prevention of Significant Deterioration (filed 10/27/95) repealed 12/1/95.

20.11.61 NMAC, Prevention of Significant Deterioration (filed 8/30/02) repealed 1/23/06.

Other History:

Regulation No. 29, Prevention of Significant Deterioration, filed 2/26/93 renumbered, refonnatted and replaced by

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

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

of Significant 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 of Significant Deterioration, effective 10/1/02.

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

Prevention of Significant Deterioration, effective 1/23/06.

20.11.61 NMAC 30
ATTACHMENT C

The amended rules as published in the New Mexico Register on December 30. 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, 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 staff to 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 requested by 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 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 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 visibility requirement 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, local ordinance, 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 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, 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 which has been classified pursuant 

to the federal act, the Air Quality Control Act, or laws and regulations in 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 “H2S” means the chemical compound containing 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 or raw 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, N2O2, and N2O5. 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 composed 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 as measured 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 as measured 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 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 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 of air 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 second quarter 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 for the 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 far as 

actions, standards, requirements, or prohibitions under Title IV 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 of one 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, facility or 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, 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 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 applicable north 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 carbides 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 (C4F9OCH3 or HFE7100); 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OCH3); 1-ethoxy1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F9OC2H5 or HFE-7200); 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-

heptafluoropropane ((CF3)2CFCF2OC2H5); methyl acetate; 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (nC3F7OCH3 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 such 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 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 of the 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, Subpart I or Appendix S, or under 40 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 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 for purposes 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 FFFF of 20.11.1.7 NMAC as negligibly 

reactive and excluded from EPA's definition of VOCs are to be 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 in the volatile portion of an aerosol coating is counted 

towards the product’s reactivity-based limit, 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 of 20.11.1.7 NMAC as 

negligibly reactive and excluded from EPA’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 and Indian 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 other requirement under Section 111 of the federal act, including Section 111(d); 

 (4) any standard or other requirement 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 air quality standard, or any increment or visibility requirement under Part 

C of Title I of the federal act, but only as it would apply to temporary sources permitted pursuant to Section 504(e) 

of the federal act; and 

 (14) any regulation adopted by the board in accordance with the 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 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. 

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 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 activity of a stationary source that emits or has the potential 

to emit any regulated air pollutant or any air pollutant listed pursuant 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 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 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 hazardous air 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) chemical process plants - the term chemical processing plant shall not include ethanol 

production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140; 

 (u) fossil-fuel boilers (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 capacity exceeding 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] S of 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 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 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 of the 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 “subject 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 second quarter 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 for the overall operations of a principal geographic unit of 

the agency (e.g., a regional administrator of EPA). 

 (4) For an acid rain source: 

 (a) the designated representative (as defined in Section 402(26) of the federal act) in so far as 

actions, standards, requirements, or prohibitions under Title IV 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” (CO2e) 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 CO2e.

 [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 as established 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 rain 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 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 of sources contained in the definition of major source. 

All applications shall: 

 (a) be made on forms 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] R of 20.11.42.7 NMAC); this shall 

include: 

 (i) a process flow sheet of all components of the facility which would be involved in 

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 regarding 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 for 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 which are 

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, as well 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] R of 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 to verify 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; 
New Mexico Register / Volume XXI, Number 24 / December 30, 2010 

20.11.42 NMAC 7

 (i) provide other specific information that may be necessary to implement and enforce other 

requirements of the state or federal acts or to determine the applicability of such 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), 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 any 

New 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 sources that 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 actions with 

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 certified progress reports no less frequently than every 

six months; and 

 (v) for the portion of each acid rain source subject 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 claims made 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. 
New Mexico Register / Volume XXI, Number 24 / December 30, 2010 

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 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 

of permit issuance or as specified in the approved schedule of compliance. 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 20.11.42.2 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 various permit 

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 permit 

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, revocation and 

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 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 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 department 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 of its 

applicable requirements, including any provisions designed to limit a source's potential to emit, are enforceable by 

the administrator and citizens under the federal act. The permit 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 
New Mexico Register / Volume XXI, Number 24 / December 30, 2010 

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 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 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 operating permits for a fixed term not to exceed 

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 of the 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 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 of all monitoring data and support information shall be retained for a period of at 

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 
New Mexico Register / Volume XXI, Number 24 / December 30, 2010 

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-mail or 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 of the 

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 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 in the schedule of compliance were not or will not 

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. 
New Mexico Register / Volume XXI, Number 24 / December 30, 2010 

20.11.42 NMAC 11

 (b) Emissions trading within a facility.

 (i) The department shall, if an applicant requests it, issue permits that contain terms 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 conditions shall 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 decreases without 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 will result 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 permit modification, changes that are not 

addressed or prohibited by the operating permit, if: 

 (i) each such change meets all applicable requirements and shall not violate any existing 

permit term or condition; 

 (ii) such changes are not subject to any requirements under Title IV of the federal act 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 20.11.42 NMAC permit that does not expressly state that a permit 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 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 applicable 

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; 
New Mexico Register / Volume XXI, Number 24 / December 30, 2010 

20.11.42 NMAC 12

 (iv) the ability of EPA to obtain information from a source pursuant to Section 114 of 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 extended past 

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 to administrative permit amendments under Paragraph 

(1), of Subsection E of 20.11.42.13 NMAC, to minor permit modifications under Paragraph (2), of Subsection E of 

20.11.42.12 NMAC, to section 502(b)(10) changes under 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 department 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 shall review the application for authorization to operate under 

a general permit for completeness within 30 days after its receipt of the 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 general permit. The department shall take final 

action on a general permit authorization request within 90 days of deeming 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 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; 
New Mexico Register / Volume XXI, Number 24 / December 30, 2010 

20.11.42 NMAC 13

 (c) during the period 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 not be 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] 
New Mexico Register / Volume XXI, Number 24 / December 30, 2010 

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 of a 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]VV of 20.11.61.7 

NMAC shall apply for those purposes. 

 (2) In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at 

which the unit actually emitted the pollutant during a consecutive 24-month period which precedes the particular 

date and which is representative of normal source operation. The department shall allow the use of a different time 

period upon a determination that it is more representative of normal source operation. Actual emissions shall be 

calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or 

combusted during the selected time period. 

 (3) The department may presume that source-specific allowable emissions for the unit are equivalent 

to the actual emissions of the unit. 

 (4) For any emissions unit that has not begun normal operations on the particular date, actual 

emissions shall equal the potential to emit of the unit on that date. 

C. “Administrator” means the administrator of the U.S. environmental protection agency (EPA) or 

an authorized representative. 

D. “Adverse impact on visibility” means visibility impairment which interferes with the 

management, protection, preservation, or enjoyment of the visitor's visual experience of the federal class I area. 

This determination must be made on a case-by-case basis taking into account the geographic extent, intensity, 

duration, frequency, and time of the visibility impairments and how these factors correlate with the following: 

 (1) times of visitor use of the federal class I area; and 

 (2) the frequency and timing of natural conditions that reduce visibility. This term does not include 

effects on integral vistas as defined in 40 CFR 51.301 Definitions. 

 E. “Air quality related values (AQRV)” means visibility and other scenic, cultural, physical, 

biological, ecological, or recreational resources which may be affected by a change in air quality resulting from the 

emissions of a proposed major stationary source or major modification that interferes with the management, 

protection, preservation, or enjoyment of the 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 state implementation plan emissions limitation, including those with a future 

compliance date; or 

 (3) the emissions rate specified as a federally enforceable permit condition, including those with a 

future compliance date. 

 G. “Associated emission sources” means secondary emissions and all reasonably foreseeable 

emissions of regulated pollutants from the growth of general residential, commercial, industrial, governmental 

emission sources and other mobile and non-mobile emission sources which are associated with 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 to include the building of new public transportation facilities 
New Mexico Register / Volume XXI, Number 24 / December 30, 2010 

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 average rate shall include fugitive emissions to the extent quantifiable, and emissions 

associated with startups, shutdowns, and malfunctions. 

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

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

consecutive 24-month period. 

 (c) For a regulated new source review pollutant, when a project involves multiple emissions 

units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the 

emissions units being changed. A different consecutive 24-month period can be used for each regulated new source 

review pollutant. 

 (d) The average rate shall not be based on any consecutive 24-month period for which there is

inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required 

by Subparagraph (b) of Paragraph (1) of Subsection I of 20.11.61.7 NMAC. 

 (2) For an existing emissions unit (other than an electric utility steam generating unit), baseline actual 

emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during 

any consecutive 24-month period selected by the owner or operator within the 10 year period immediately preceding 

either the date the owner or operator begins actual construction of the project, or the date a complete permit 

application is received by the department for a permit required either under 20.11.61 NMAC or under a plan 

approved by the administrator, whichever is earlier, except that the 10 year period shall not include any period 

earlier than November 15, 1990. 

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

associated with startups, shutdowns, and malfunctions. 

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

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

consecutive 24-month period. 

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

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

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

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

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

taken credit for such emissions reductions in an attainment demonstration or maintenance plan consistent with the 

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

 (d) For a regulated new source review pollutant, when a project involves multiple emissions 

units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the 

emissions units being changed. A different consecutive 24-month period can be used for each regulated new source 

review pollutant. 

 (e) The average rate shall not be based on any consecutive 24-month period for which there is

inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required 

by Subparagraphs (b) and (c) of 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 subject to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166, and 

would be constructed in the same state as the state proposing the redesignation; 

 (3) Any baseline area established originally for total suspended particulates (TSP) increments shall 

remain in effect and shall apply for purposes of determining the amount of available PM10 increments, except that 

such baseline area shall not remain in effect if the department rescinds the corresponding minor source baseline date 

in accordance with Paragraph (3) of Subsection [LL]MM of 20.11.61.7 NMAC. 

K. “Baseline concentration” means that ambient concentration level that exists in the baseline area 

at the time of the applicable minor source baseline date. 

 (1) A baseline concentration is determined for each pollutant for which a minor source baseline date 

is established and shall include: 

 (a) the actual emissions representative of sources in existence on the applicable minor source 

baseline date, except as provided in Paragraph (2) of Subsection K of 20.11.61.7 NMAC; 

 (b) the allowable emissions of major stationary sources that commenced construction before 

the major source baseline date, but were not in operation by the applicable minor source baseline date. 

 (2) The following will not be included in the baseline concentration and will affect the applicable 

maximum allowable increase(s): 

 (a) actual emissions from any major stationary source on which construction commenced after 

the major source baseline date; and 

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

source baseline date. 

L. “Begin actual construction” means, in general, the initiation of physical onsite construction 

activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, 

installation of building supports and foundations, laying of underground pipework and construction of permanent 

storage structures. With respect to a change in method of operation, this term refers to those on-site activities, other 

than preparatory activities which mark the initiation of the change. 

M. “Best available control technology (BACT)” means an emissions limitation (including a visible 

emission standard) based on the maximum degree of reduction for each regulated 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 of an emissions standard infeasible, a design, equipment, 

work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for 

the application of best available control technology. Such standard shall, to the degree possible, set forth the 

emissions reduction achievable by implementation of such design, equipment, work practice, or operation, and shall 

provide for compliance by means which achieve equivalent results. 

N. “Building, structure, facility, or installation” means all of the pollutant emitting activities which 

belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under 

the control of the same person (or persons under common control) except the activities of any vessel. Pollutantemitting activities shall be considered as part of the same industrial grouping if they belong to the same “major 

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

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

003-005-00176-0, respectively) or any superseding SIC manual. 
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 record of emissions on a continuous basis. 

T. “Continuous emissions rate monitoring system (CERMS)” means the total equipment required 

for the determination and recording of the pollutant mass emissions rate (in terms of mass per unit of time). 

U. “Continuous parameter monitoring system (CPMS)” means all of the equipment necessary to 

meet the data acquisition and availability requirements of 20.11.61 NMAC, to monitor process and control device 

operational parameters (for example, control device secondary voltages and electric currents) and other information 

(for example, gas flow rate, O2 or CO2 concentrations), and to record average operational parameter value(s) on a 

continuous basis. 

 V. “Department” means the city of Albuquerque, environmental health department or its successor 

agency. 

W. “Director” means the director of the city of Albuquerque, environmental health department or the 

director of its successor agency. 

X. “Electric utility steam generating unit” means any steam electric generating unit that is 

constructed for the purpose of supplying more than one-third of its potential electric output capacity and more than 

25 megawatts electrical output to any utility power distribution system for sale. Any steam supplied to a steam 

distribution system for the purpose of providing steam to a steam-electric generator that would produce electrical 

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

 Y. “Emissions unit” means any part of a stationary source that emits or would have the potential to 

emit any regulated 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 unit is any emissions unit that does not meet the requirements in Paragraph 

(1) of Subsection Y of 20.11.61.7 NMAC. A replacement unit is an existing unit. 

Z. “Federal land manager” means, with respect to any lands in the United States, a federal level 

cabinet secretary of a federal level department (e.g. interior department) with authority over such lands. 

AA. “Federally enforceable” means all limitations and conditions which are enforceable by the 

administrator, including: 

 (1) those requirements developed pursuant to 40 CFR Parts 60 and 61; 

 (2) requirements within any applicable state implementation plan (SIP); 

 (3) any permit requirements established pursuant to 40 CFR 52.21; or 

 (4) under regulations approved pursuant to 40 CFR Part 51, Subpart I, including operating permits 

issued under an EPA-approved program that expressly requires adherence to any permit issued under such program. 

BB. “Fugitive emissions” means those emissions which could not reasonably pass through a stack, 

chimney, vent, or other functionally equivalent opening. 

CC. “Greenhouse gases” or “GHGs” means the air pollutant defined in § 86.1818–12(a) of Chapter I 

of Title 40 of the CFR, as the aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, 

hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
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 900 feet 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 in practice by such class or category of 

stationary source; this limitation, when applied to a modification, means the lowest achievable emissions rate for the 

new or modified emissions units within the stationary source; in no event shall the application of this term permit a 

proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under an 

applicable new source standard of performance. 

 [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 of a regulated new source review pollutant; and a significant 

net emissions increase of that pollutant from the major stationary source. 

 (2) Any significant emissions increase from any emissions units or net emissions increase at a major 

stationary source that is significant for volatile organic compounds or oxides of nitrogen shall be considered 

significant for ozone. 

 (3) A physical change or change in the method of operation shall not include: 

 (a) routine maintenance, repair, and replacement; 

 (b) use of an alternative fuel or raw material by reason of an order under Section 2(a) and (b) of 

the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a 

natural gas curtailment plan pursuant to the Federal Power Act; 

 (c) use of an alternative fuel by reason of an order or rule under Section 125 of the act; 

 (d) use of an alternative fuel at a steam generating unit to the extent that the fuel is generated 

from municipal solid waste; 

 (e) use of an alternative fuel or raw material by a stationary source which: 

 (i) the source was capable of accommodating before January 6, 1975, unless such change 

would be prohibited under any federally enforceable permit condition which was established after January 6, 1975 

pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Subpart I or 40 CFR 51.166; or 

 (ii) the source is approved to use under any permit issued under 40 CFR 52.21 or under 

regulations approved pursuant to 40 CFR 51.166; 

 (f) an increase in the hours of operation or in the production rate, unless such change would be 

prohibited under any federally enforceable permit condition which was established after January 6, 1975, pursuant to 

40 CFR 52.21 or under regulations approved pursuant to 40 CFR Subpart I or 40 CFR 51.166; 

 (g) any change in ownership at a stationary source; 

 (h) the installation, operation, cessation, or removal of a temporary clean coal technology 

demonstration project, provided that the project complies with: 

 (i) the state implementation plan for the state in which the project is located; and 

 (ii) other requirements necessary to attain and maintain the national ambient air quality 

standards during the project and after it is terminated; 

 (i) the installation or operation of a permanent clean coal technology demonstration project that 

constitutes repowering, provided that the project does not result in an increase in the potential to emit of any 

regulated new source review pollutant emitted by the unit; this exemption shall apply on a pollutant-by-pollutant 

basis; or 

 (j) the reactivation of a very clean coal-fired electric utility steam generating unit. 
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20.11.61 NMAC 6

 (4) This definition shall not apply with respect to a particular regulated new source review pollutant 

when the major stationary source is complying with the requirements under 20.11.61.20 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 Paragraph 

(1) of Subsection [JJ] KK of 20.11.61.7 NMAC, any stationary source which emits, or has the potential to emit, 250 

tons per year or more of any regulated new source review pollutant; or 

 (c) any physical change that would occur at a stationary source not otherwise qualifying under 

Subsection [JJ] KK of 20.11.61.7 NMAC, as a major stationary source if the change would constitute a major 

stationary source by itself. 

 (2) A major source that is major for volatile organic compounds or oxides of nitrogen shall be 

considered major for ozone. 

 (3) The fugitive emissions of a stationary source shall not be included in determining whether it is a 

major stationary source, unless the source belongs to one of the stationary source categories found in Table 1 of 

20.11.61.26 NMAC or any other stationary source category which, as of August 7, 1980, is being regulated under 

Section 111 or 112 of the act. 

[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 increase in emissions from a particular physical change or change in the method of 

operation at a stationary source as calculated pursuant to Subsection D of 20.11.61.11 NMAC; and 

 (b) any other increases and decreases in actual emissions at the major stationary source that are 

contemporaneous with the particular change and are otherwise creditable; baseline actual emissions for calculating 

increases and decreases shall be determined as provided in Subsection I of 20.11.61.7 NMAC, except that 
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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 department 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 decrease in actual emissions of sulfur dioxide, particulate matter, or oxides of 

nitrogen that occurs before the applicable minor source baseline date is creditable only if it is required to be 

considered in calculating the amount of maximum allowable increases remaining available. 

 (5) An increase in actual emissions is creditable only to the extent that the new level of actual 

emissions exceeds the old level. 

 (6) A decrease in actual emissions is creditable only to the extent that: 

 (a) the old level of actual emissions or the old level of allowable emissions, whichever is lower, 

exceeds the new level of actual emissions; 

 (b) it is enforceable as a practical matter at and after the time that actual construction on the 

particular change begins; and 

 (c) it has approximately the same qualitative significance for public health and welfare as that 

attributed to the increase from the particular change; and 

 (7) an increase that results from a physical change at a source occurs when the emissions unit on 

which construction occurred becomes operational and begins to emit a particular pollutant; any replacement unit that 

requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days. 

 (8) Paragraph (2) of Subsection B of 20.11.61.7 NMAC shall not apply for determining creditable 

increases and decreases. 

[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. Any physical or operational limitation on the capacity of the 

source to emit a pollutant, including air pollutant control equipment and restrictions on hours of operation or on the 

type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitations or 

the effect the limitation would have on emissions is federally enforceable. Secondary emissions do not count in 

determining the potential to emit of a stationary source. 

[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 (for 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 annual rate, in tons per year, at which an existing emissions unit is projected 

to emit a regulated new source review pollutant in any one of the 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 with the state or federal regulatory authorities, and compliance 

plans under an approved SIP; and 

 (b) shall include fugitive emissions to the extent quantifiable and emissions associated with

startups, shutdowns, and malfunctions; and 

 (c) shall exclude, in calculating any increase in emissions that results from the particular 

project, that portion of the unit's emissions following the project that an existing unit could have accommodated 

during the consecutive 24-month period used to establish the baseline actual emissions under Subsection I of 

20.11.61.7 NMAC and that are also unrelated to the particular project, including any increased utilization due to 

product demand growth; or 

 (3) 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]VV of 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] WW of [20.11.61] 20.11.61.7 NMAC 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 to the administrator’s satisfaction or EPA demonstrates that emissions of 

nitrogen oxides from sources in a specific area are not a significant contributor to that area’s ambient PM 2.5

concentrations; 

 (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 listed hazardous 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 air pollutants either listed in Section 112 

of the act, or added to the list pursuant to Section 112(b)(2) of the act, and which have not been delisted pursuant to 

Section 112(b)(3) of the act, unless the listed hazardous air pollutant is also regulated as a constituent or precursor of 

a general pollutant listed under Section 108 of the act.

 (6) particulate matter (PM) emissions, PM2.5 emissions, and PM10 emissions shall include gaseous 

emissions from a source or activity which condense to form particulate matter at ambient temperatures; on or after 

January 1, 2011 (or any earlier date established in the upcoming rulemaking codifying test methods), such 

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

limitations for PM, PM2.5 and PM10 in PSD permits; compliance with emissions limitations for PM, PM2.5 and PM10

issued prior to this date shall not be based on condensable particulate matter unless required by the terms and 

conditions of the permit or the applicable implementation plan; applicability determinations made prior to this date 

without accounting for condensable particulate matter shall not be considered in violation of 20.11.61 NMAC unless 

the applicable implementation plan required condensable particulate matter to be included. 

[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 the place of an existing emissions unit. 
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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 emissions unit is permanently removed from the major stationary source, otherwise 

permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter. If 

the replaced emissions unit is brought back into operation, it shall constitute a new emissions unit. 

 [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] ZZ of 20.11.61.7 NMAC, does not list, any emissions rate; 

and 

 (3) notwithstanding Paragraph (1) of Subsection [YY] ZZ of 20.11.61.7 NMAC, any emissions rate 

or any net emissions increase associated with a major stationary source or major modification, which would 

construct within 10 kilometers of a class I area, and have an impact on such area equal to or greater than 1 μg/m3

(24-hour average). 

[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 (CO2e)” shall represent an amount of GHGs emitted, and shall be computed as 

follows:

 (a) multiplying the mass amount of emissions (tpy), for each of the six greenhouse gases in the 

pollutant GHGs, by the gas’s associated global warming potential published at Table A–1 to subpart A of Part 98 of 

Chapter I of Title 40 of the CFR — Global Warming Potentials;

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

20.11.61.7 NMAC for each gas to compute a tpy CO2e.

 (3) The term “emissions increase” as used in Paragraphs (4) and (5) of Subsection CCC of 20.11.61.7 

NMAC, shall mean that both a significant emissions increase (as calculated using the procedures in Subsection D of 

20.11.61.11 NMAC) and a significant net emissions increase (as defined in Subsection PP of 20.11.61.7 NMAC and 

Subsection ZZ of 20.11.61.7 NMAC) occur. For the pollutant GHGs, an emissions increase shall be based on tpy 

CO2e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, and ‘‘significant’’ is 

defined as 75,000 tpy CO2e instead of applying the value in Table 2 of 20.11.61.27 NMAC.

 (4) Beginning January 2, 2011, the pollutant GHGs is subject to regulation if:

 (a) the stationary source is a new major stationary source for a regulated NSR pollutant that is 

not GHGs, and also will emit or will have the potential to emit 75,000 tpy CO2e or more; or

 (b) the stationary source is an existing major stationary source for a regulated NSR pollutant 

that is not GHGs, and also will have an emissions increase of a regulated NSR pollutant, and an emissions increase 

of 75,000 tpy CO2e or more; and,
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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 CO2e; or

 (b) at an existing stationary source that emits or has the potential to emit 100,000 tpy CO2e, 

when such stationary source undertakes a physical change or change in the method of operation that will result in an 

emissions increase of 75,000 tpy CO2e or more.

 [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 source in 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 E of 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 increase and a significant net emissions increase. The project is 

not a major modification if it does not cause a significant emissions increase. If the project causes a significant 

emissions increase, then the project is a major modification only if it also results in a significant net emissions 

increase. 

 (2) The procedure for calculating (before beginning actual construction) whether a significant 

emissions increase (i.e., the first step of the process) will occur depends upon the type of emissions units being 

modified, according to Paragraphs (3) through (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] PP of 

20.11.61.7 NMAC. Regardless of any such preconstruction projections, a major modification results if the project 

causes a significant emissions increase and a significant net emissions increase. 

 (3) Actual-to-projected-actual applicability test for projects that only involve existing emissions 

units. A significant emissions increase of a regulated new source review pollutant is projected to occur if the sum of 

the difference between the projected actual emissions and the baseline actual emissions for each existing emissions 

unit equals or exceeds the significant amount for that pollutant. 

 (4) Actual-to-potential test for projects that only involve construction of a new emissions 

unit(s). A significant emissions increase of a regulated 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 the project equals or exceeds the significant amount for that 

pollutant. 

 (5) Hybrid test for projects that involve multiple types of emissions units. A significant 

emissions increase of a regulated 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 with respect to each emissions unit, for each type of emissions unit equals or 

exceeds the significant amount for that pollutant. 

E. For any major stationary source for a PAL for a regulated new source review pollutant, the major 

stationary source shall comply with requirements under 20.11.61.20 NMAC. 
New Mexico Register / Volume XXI, Number 24 / December 30, 2010 

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 stationary source (other than projects at a source with a PAL) in 

circumstances where there is a reasonable possibility within the meaning of Paragraph (6) of Subsection E of 

20.11.61.12 NMAC that a project that is not a part of a major modification may result in a significant emissions 

increase of such pollutant and the owner or operator elects to use the method specified in Paragraphs (1) through (3) 

of Subsection [UU] VV of 20.11.61.7 NMAC for calculating projected actual emissions. 

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

maintain a record of the following information: 

 (a) a description of the project; 

 (b) identification 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]VV of 20.11.61.7 

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

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

construction, the owner or operator shall provide a copy of the information set out in Paragraph (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 capacity or 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 submit a 

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

Subparagraph (c) of Paragraph (1) of Subsection E 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 of 20.11.61.12 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] AAA of 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] VV of 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] AAA of 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 PLANTWIDE APPLICABILITY 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 in or change in the method of operation of a major stationary source that 

maintains its total source-wide emissions below the PAL level, meets the requirements of 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 provided under Subparagraph (c) of Paragraph (2) of Subsection A of 20.11.61.20 

NMAC, a major stationary source shall continue to comply with all applicable federal or state requirements, 

emission limitations, and work practice requirements that were established prior to the effective date of the PAL. 

 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 of all 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 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 practical matter 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] SS of 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] 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 of the 

PAL pollutant in an attainment area; or 

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

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

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

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

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

 (5) Plantwide applicability limitation (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 of issuance of the PAL permit. However, the PAL 

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

becomes operational and begins to emit the PAL pollutant. 

 (7) PAL effective period means the period beginning with the PAL effective date and ending 10 

years later. 

 (8) PAL major modification means, notwithstanding the definitions for major modification 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 permit means the major new source review permit, the minor new source review permit, or 

the state operating permit under a program that is approved into the 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 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 [YY] ZZ of 

20.11.61.7 NMAC or in the act, whichever is lower for that PAL pollutant, but less than the amount that would 

qualify the unit as a major emissions unit as defined in Paragraph (4) of Subsection B 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 units at the source designated as small, significant or major based on their 

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

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

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

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

startup, shutdown, and malfunction. 

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

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

each month as required by Subsection M of 20.11.61.20 NMAC. 

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. 
New Mexico Register / Volume XXI, Number 24 / December 30, 2010 

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 in Paragraph (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] ZZ of 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 associated with units that were permanently shutdown after this 

24-month period must be subtracted from the PAL level. The department shall specify a reduced PAL level(s) (in 

tons/yr) in the PAL permit to become effective on the future compliance date(s) of any applicable federal or state 

regulatory requirement(s) that the department is aware of prior to issuance of the PAL permit. For instance, if the 

source owner or operator will be required to reduce emissions from industrial boilers in half from baseline emissions 

of 60 ppm NOX to a new rule limit of 30 ppm, then the permit shall contain a future effective PAL level that is equal 

to the current PAL level reduced by half of the original baseline emissions of such unit(s). 

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

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

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

equal to the potential to emit of the units. 

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 PAL permit 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 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 of Subsection I of 20.11.61.20 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 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 the major 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 retained in an electronic format. 

 (9) A requirement to submit the reports required under Subsection N of 20.11.61.20 NMAC by the 

required deadlines. 
New Mexico Register / Volume XXI, Number 24 / December 30, 2010 

20.11.61 NMAC 15

 (10) Any other requirements that the department deems necessary to 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 more accurate determination of emissions used 

to establish the PAL; reduce the PAL if the owner or operator of the major stationary source creates creditable 

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

emissions units that existed under the PAL. If the PAL had not yet been adjusted for an applicable 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 emissions cap equivalent to 

the level of the PAL emission limitation. 

 (4) Any physical change or change in the method of operation at the major stationary source will be 

subject to major new source review requirements if such change meets the definition of major modification in 

Subsection [HH] II of 20.11.61.7 NMAC. 

 (5) The major stationary source owner or operator shall continue to comply with any state or federal 

applicable requirements (BACT, RACT, NSPS, etc.) that may have applied either during the PAL effective period 

or prior to the PAL effective period except for those emission limitations that had been established pursuant to 

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

Subparagraph (c) of Paragraph (2) of Subsection A of 20.11.61.20 NMAC. 

J. Renewal 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 the public for review and comment. During such public 

review, any person may propose a PAL level for the source for consideration by the department. 
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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 with Subsection F of 20.11.61.20 NMAC is 

equal to or greater than 80 percent of the PAL level, the department may renew the PAL at the same level without 

considering the factors set 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 to be appropriate considering air quality needs, advances 

in control technology, anticipated economic growth in the area, desire to reward or encourage the source's voluntary 

emissions reductions, or other factors as specifically identified by the department in its written rationale. 

 (c) Notwithstanding Subparagraphs (a) and (b) of 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 or operator of the major stationary source shall submit a complete application to 

request an increase in the PAL limit for a PAL major modification. Such application shall identify the emissions 

unit(s) contributing to the increase in emissions so as to cause the 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), exceeds the PAL. The level of control that 

would result from BACT equivalent controls on each significant or major emissions unit shall be determined by 

conducting a new BACT analysis at the time the application is submitted, unless the emissions unit is currently 

required to comply with a BACT or LAER requirement that was established within the preceding 10 years. In such 

a case, the assumed control level for that 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, 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 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 be revised 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 PAL permit must contain enforceable requirements for the monitoring system that 

accurately determines plantwide emissions of the PAL pollutant in terms of mass per unit of time. Any monitoring 

system authorized for use in the PAL permit must be based on sound science and meet generally acceptable 

scientific procedures for data quality and manipulation. Additionally, the information generated by such system 

must meet minimum legal requirements for admissibility in a judicial proceeding to enforce the PAL permit. 

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

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

and must be approved by the department. 

 (c) Notwithstanding Subparagraph (b) of Paragraph (1) of Subsection L of 20.11.61.20 NMAC, 

you may also employ an alternative monitoring approach that meets Subparagraph (a) of Paragraph (1) of 

Subsection L of 20.11.61.20 NMAC if approved by the department. 

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

renders the PAL invalid. 

 (2) Minimum performance requirements for approved monitoring approaches. The following 

are acceptable general monitoring approaches when conducted in accordance with the minimum requirements in 

Paragraphs (3) through (9) of Subsection L 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 or solvents shall meet the following requirements: 

 (a) provide a demonstrated means of validating the published content of the PAL pollutant that 

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

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

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

and 

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

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

calculate the PAL pollutant emissions unless the department determines there is site-specific data or a site-specific 

monitoring program to support another content within the range. 

 (4) CEMS. An owner or operator using CEMS to monitor PAL pollutant emissions shall meet the 

following requirements: 

 (a) CEMS must comply with applicable performance specifications found in 40 CFR part 60, 

Appendix B; and 

 (b) CEMS must sample, analyze, and record data at least every 15 minutes while the emissions 

unit is operating. 

 (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 PAL pollutant emissions across the range of operation of the 

emissions unit; and 

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

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

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

emissions shall meet the following requirements: 
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 is no 

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-month rolling total emissions, for five years from the date of such record. 

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

the duration of the PAL effective period plus five years: 

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

 (b) each annual certification of compliance pursuant to 20.11.42 NMAC, Operating Permits, 

and the data relied on in certifying the compliance. 

N. Reporting and notification requirements. The owner or operator shall submit semi-annual 

monitoring reports and prompt deviation reports to the department in accordance with 20.11.42 NMAC, Operating 

Permits. The reports shall meet the following requirements. 

 (1) Semi-annual report. The semi-annual report shall be submitted to the department within 30 days 

of the end of each reporting period. This report shall contain the following information. 

 (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 notification 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 information provided 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 information provided in the report. 

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

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

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 administrator 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 (H2S) 10 

 Reduced sulfur compounds (incl. H2S) 10 

 Sulfur dioxide 40 

 Sulfuric acid mist 7 

 Total reduced sulfur (incl. H2S) 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

Attachment D is a copy ofthe Notice ofIntent to testifY, including exhibits, filed on November 19, 1010 and

exhibit(s)filed on December 8,1010.
Attachment D is in a separate document. 
ATTACHMENT E

Attachment E is a copy ofthe Hearing Record Transcriptsfor December 8,2010
AQCB HEARING, 12/8/10

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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

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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

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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,

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10

11

12 HEARING AND MEETING BEFORE AIR QUALITY CONTROL BOARO

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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

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24

MS. ADELIA W. KEARNY

11 DEPUTY CITY ATTORNEy One Civic plaza, NW

12 Albuquerque, NM 87102

(505) 768-4530

13 akea rnylkabq .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, whi ch 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 regardi ng 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 addi tion, sources that emi t or 9 to have Exhibi ts 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 authori ty.

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 poll utants, but we woul d 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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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

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AQCB HEARING. 1218/10

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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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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.

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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 mi nd,

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 di ffer@nt

15 threshold? The question regardi ng dai ri es 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 categori es, 1i k@ 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 Heari ng 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 shaul d be submi tted 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, heari ng as amended by "staff's proposed

KATHY TOWNSEND COURT REPORTERS

505-243-5018
AQCB 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 proceedi ngs.

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 Albuquerquei 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

amount 121 - 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 Chairman I'] - 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

505-243-5018
CONTROL 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.nt l'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 I ".rent 1']- 1823 : , .a.tl'] - 13:21 1 : 0 8,10:11,10:14,

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

! lavor J2] - 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

key I'] - 17:21

kind ]']- 15:18, 17:11,

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

: License I') - 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

IImiled I'] - 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

! Government 141 -

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

line 11]- 33:7 non ]2]- 9:19, 33:13 lopenedI11-15:6 , 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, Part 12] - 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.r 11] - 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] - 9:5, 17:8 38:17 5:24,11:9,11:17, reasoning [11- 33:10 10:15,10:19,10:23,

phy.lc.1 [,]-10:12 proceedings [1]- 25:4,26:13,31:17, reasons 11] - 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] - 11:8 requires (2)- 31 :4,

pl.C.[3]-17:12, 21:23 11:13 recommending [1]· 35:9

18:12,24:20

~=:~:~'~;1~~:17 publish [3] - 23:2, 33:6 R••olutlon [41 - 30:5,

PLAN ['I - 1:7 31:6,35:11 record 131-12:9, 30:24, 33:8, 33:23

PI.n ['] - 6:22, 30:4, 22:3, 28:2, 34:15, publlsh.d 11] - 7:5 29:22,39:9 resolution 14] - 30:7,

31 :2, 34:18,35:7, 35:5,36:10 ' Pu.blo [I] - 13:20 r.cord.d 1'1- 39:6 30:8,30:16,34:20

36:13 program {4] • 12:5, pull [1]- 22:10 Record.14]- 32:19, resolved (2) - 32:7,

plans (1] • 5:3 19:21,26:17,37:14 pursuant [1]- 7:3 32:20, 37:22, 37:23 36:19

PI.n.12j-13:15, PROGRAM ['I - 1:8 putI21-16:10,24:20 refer[1]- 23:1 respectfully [1]·

13:16 programs [2] - 7:9, r.f.rrtng [']- 14:1 11:20

pl.nt. [3]- 7:14, 9:23 13:13 Q refined [1]· 18:4 respectively [3] -

PI... [5]- 1:19, 2:11, projects [2] - 19:20, refineries [1]· 7:14 7:24, 11 :11, 36:24

2:16,31:19,35:25 19:24 reg.rd [4] - 18:15, responded ['1 - 11 :11

polnt[.]- 5:1, 5:5, proml.ed 11] - 29:1 QUALITY [3] - 1:1, 21 :5, 26:6, 30:11 R.vl.w[21-3:4,11:13

6:2,24:4,29:13, promulg.t.~]-31:6, 1:7,1:12 r.g.rdlng [']- 11 :9, r.vlew [1]- 26:12

29:22 35:11 qu.1l1y [5( - 7:12, 13:9, 14:17, 28:15, revision [12]- 6:19, I 13:12,16:9,31:9, 32:8,36:20 pol!utants/12\- 7:21, ' property [21- 5:23, 6:21,12:4,12:7,

8:5,9:11,9:19, 13:19 35:14 regardless [1)- 28:13 32:2,32:15,34:15,

16:25,20:17,26:7, i proponent 111- 4:21 Quality I"] - 1:8, 2:2, reglonaI11/·18:14 34:17,35:4,36:10,

26:12,27:8,27:11, proposal [21 - 5: 15, 4:21,5:19,6:13, Regl.t.r [21 - 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 - 31 :9, propOSaIS[l]- 5:13 11:20,12:24,17:22, reg. ['1-14:19 1:6

35:15, 36:18 Propos.d 112] - 3:5, 21:18,28:2,30:4, : regular(11· 5:10 ' revisions [1J - 35:6

pot.ntl'l- 27:14 3:10,3:11,3:13, 31:2,31:3,31:5, i r.gulated [']- 24:25 Roch.[2]-12:11,

pot.ntl.1 [5] - 8:21, 3:14,11:25,12:1, 31:7,31:13,31:15, I r.gul.tlng ['(- 23:13 20:18

10:7,10:10,10:21, 12:2,32:11,36:25,

31 :22, 31 :23, 32:9, , r.gul.tlon ['1 - 12:21 , 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 PROPOSED [2) - 1:5, I room (1] - 5:2

I -- -- - -------------- ___• - ' __ 0 ____ L ___ .__ ._____

KATHY TOWNSEND COURT REPORTERS

505-243-5018
AQCB HEARING, 12/8/10

7

...,_ .. ~. -'.. _-_._- - --------- .-,---,.__.-,- r---------- -,-_._-" -- - ------

Rulel"l- 3:11,4:8, Ihort 13) - 16:6, 20: 10, 22:24 lupervilion 111 - 39:8 8:4,20:14,20:16,

7:5,8:13,8:15,9:5, 26:13 Ipurntd 111- 28:16 Support 1'1- 3:15 21:7,21:20,22:18,

9:8,9:12,10:1,11:2, shorthlnd (1) - 39:6 StIff 15) - 3:10,3:14, lupport 11]- 22:25 22:19,28:23

18:25,19:2,28:4 showed 111 - 28:25 11:24,12:2,37:19 suppose 11) -17:14 Threlholdl [11 - 3:18

rule [8] - 4:7. 7:7. shown I91-11:10. Itlffl3( - 32:14, surprls(ng (11- 18:2 tlel'l- 16:25

14:24, 18:24,24:3, 11:14,11:25,12:1, 32:18,37:12 surrogltesI11-16:17 tightened 111- 25:8

24:4,25:11,27:8 12:3,32:11,37:1, Staff'1 (3) - 32:10, Iwom (31- 6:4, 6:7, tightening 111- 25:10

rulemaklng [2] - 11 :3, 37:2,37:4 36:25,37:4 15:20 tightly 1'1- 25:1

29:1 Ilgnl'l- 5:1 Itlgell) - 18:19 Iystem (11- 14:23 TlmelYlll- 7:16

Rulemlk)ng (31 - 3:5, Ilgned (11 - 4:25 stakeholder [1J - tlnY121- 21:2, 23:15

31 :23,36:3 Significant 1121 - 4:4, 21:23 T TIPs [1) -13:15

ru(esI21-15:2,15:3 6:15,6:25,7:3, Itlnd 111- 12:10 _._~---------- TItle(22I- 6:19, 7:4,

run I') -13:13,13:14, 11 :22, 22:3, 34:11, ltandlrds('1- 31 :9, 7:9,7:12,7:20,7:25,

20:18,22:1 35:1,36:6,36:21, 31:10,35:14,35:16 tlblell) - 5:2 8:18,9:17,9:18,

running 111- 21:25 37:16,37:20 standpoint [11 - 21:4 Tllloring 1'01- 3:11, 9:21,9:24,10:17,

------- ------- SIGNIFICANT 111 - 1:4 started [11- 21 :24 4:8,7:4,8:13,9:5, 10:22,10:25,11:1,

S slgn(flcant 1'1 - 20:21 STATE 121-1:7,39:1

I 9:8,9:12,10:1,11:2, 12:5,17:10,23:15,

slgn(flcantly [11 - 8:9 ltatel'l- 13:12 I 26:4 34:15,35:4,36:10,

IlmpIYI')- 25:18 State(131- 6:21, 7:19, i tallo.. (1) - 7:7 37:14

11181'1 - 19:23 SIP 191- 6:22, 12:7, 13:15,24:19,30:3, Ita(kll')- 26:20 i TInE (1)- 1:5

lIfeguard (1) - 25:21 31:2,32:2,32:16, 31:2,32:19,32:20, TAVAREZ 119) - 2:22, : TO(5)-1:3, 1:5,1:5, IIkel'l- 24:10 34:18, 35:7, 36:13, 34:17,35:7,36:13, 14:7,15:19,15:22, 1:6, 1:6

Sandlll'l - 13:4 37:14 37:22, 37:23 17:7,17:20,17:24, todaYI'I- 18:13 Slnta (11- 14:24 SIP) [11 - 1:7 ltatement[1I-15:25 18:9,18:21,19:18, tomorrow 11J - 18:14 satisfactorily [1] - Ilte(ll- 24:12 State1121- 31:12, 20:9,21:19,22:15, ton 13) - 20:25, 21 :1, 11 :15 Iitultlon 12) - 21 :25, 35:17 22:17,25:23,26:16, 22:8 scale(1) -19:20 26:10 ltates[1( - 8:12 27:5,27:23,28:18 tonight (1) - 5:16

School 11) -13:19 Ilx 12)- 27:7,33:7 ltatlonery (21 - 8:16, Tavarez [11- 12:12 ton11251- 7:24, 7:25, Ichoo(1 (21- 20:21, slzel3( - 9:3, 21:9, 16:9 Technical (11 - 3:15 8:1,8:3,8:10,8:17, 21:8 22:5 Step (5) - 9:5,10:4, technical (3( - 12:11, 9:1,9:15,10:8, sclent(flc [11 - 23:19 slldes[ll- 28:25 10:6,10:18,10:20, 16:13,22:25 10:10, 10:13, 10:21, scientist [1]- 6:12 Im11l121- 22:2, 22:11 11:5 technlquel (1) - 16:5 10:24,11:6,19:13, ICOpe [1) - 25:6 smaller[1]- 22:5 Itep (1) - 9:20 technology [1) - 8:20 21 :20, 23:8, 23:9,

Second [21 - 32:25, IOC(1111) - 5:24 ItIIl (1) - 27:3 tempe.. 1'1- 33:14 23:12,23:16,25:20,

38:3 solely 111 - 9:9 Strateglel ('I- 8:13 teltlfled (31 - 6:8, 28:11,28:12

lecond (8) - 4:2, 30:8, soliciting [11 - 11:3 strelmllnlng [11 - 11:4 15:21,27:6 took [1)- 23:7

32:24,33:1,33:19, sometime [1) - 29:2 strike 1'1 - 24:1 test(fy [1) - 4:25 toolll'l- 17:21

38:2,38:4 10rtlll- 33:14 Itrong [1)- 16:18 TESTIMONY 111 - 6:9 top [11- 26:1

Section 121 - 6: 13, SQurCe[101 - 8:23. Ituff 111 - 27:3 telt(monYI81- 4:21, topic 111- 18:12

28:8 18:1,22:11,23:25, lubject 1131 - 5: 13, 5:4,6:3,6:5, 12:8, trade 13) - 24:19, section [3\- 14:25, 25:13,26:24,28:7, 5:15, 5:25, 7:9, 9:13, 19:11,32:3,36:15 25:14,25:17 15:1,15:4 I 28:10,28:21. 10:4, 10:5, 10:8, Teltlmony [21 - 2:21, tralnlng(1)-18:14 sections [1]- 15:3 10:14, 10:17, 10:19, 3:8 I source. [44] - 5.25, transcribed [1] - 39:7

lee [21- 19:19, 19:24 7:9,7:13,8:1,8:16, 10:22, 13:12 THE(81-1:1,l:3,1:5, tremendous [11 - seeing ('I - 5:7 8:21,8:22,9:1,9:9, lubmlt (5)- 24:8, 1:5,1:6,1:6,12:19 26:25

let[21-16:12,21:24 9:13,9:14,9:16, 32:15,32:18,37:13, themselves [11- 13:14 Trlbll (1) - 13:15

IIttlng [21- 18:19, 9:17,9:18,9:21, 37:19 Therefore[1I-11:18 trlggeq2) - 8:6, 8:18

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(.) - 5:19, 32:17, 11:2,11:5,12:22, submitting 121 - 35:3, thoroughness [1)- try (11- 21:6

33:9,37:18 16:10,17:2,17:9, 35:5 24:9 trying 1'1- 24:1 Shall [11- 34:21 17:10,19:9,19:12, substance 12]· 32:21, three['I-ll:l,30:1, two 151 - 5:23, 9:24, SHARP [11- 38:9 19:16,22:2,22:5, 37:24 32:16,33:7 10:1,25:14,32:13, Sharpe[.) - 4:18, 22:12,23:16,25:18, substantive [1] - Three (') - 37:15 37:12

26:19,27:6,38:5 27:16,27:20,28:24 11 :16 threlhold 1'1 - 8:3, Two 1'1- 12:20

SHARPE 181 - 2:4, Sources [2] - 10:4, sulfur [1] - 7:22 21:1,24:3,27:22, type I'j - 7:25, 9:1, 26:20,27:19,28:3, 10:17 SULLIVAN [31- 2:5, 28:6,28:10,28:13, 16:22,21:9 30:19,30:22,33:25, specific [11 - 32:6 34:4,38:13 28:15 typelll) - 9:21 38:3 spelled 121 - 22:23, Sulllvsn [1] - 4:18 threlholdl(91 - 7:21, typically (2) - 16:16, I

I ._~_..____l.-________ __ L____ "__ ___._____

KATHY TOWNSEND COURT REPORTERS

505-243-5018
19:19

u

U.S [1]- 21:17

unanimously [2] -

34:8,38:16

Unde'l2[ - 8:12, 12:20

under['3]- 6:7,8:24,

9:12,10:4,10:8,

10:18,10:20,13:10.

15:20. 18:23,27:8,

28:8.39:7

undergo [1[ - 26:11

undersigned [11-

39:4

undertaking {11- 9:10

Unlled[~ - 31:12,

35:17

unlla [I] - 17:16

unle•• [21 - 8: 12,

14:19

unlikely 13]- 10:15,

19:11.19:12

unquote [11 9:11

unworkable\1l23:16

up ["] - 4:25, 5:1.

8:10,14:23, 15:6.

16:25.17:1,18:13,

19:8, 21 :3, 21 :8.

22:7,23:8,23:18,

24:7, 24:24, 28:4.

28:20.30:16

updalea[,]- 17:25

uppe'l2] - 23:21,

23:22

UPSON I'] - 2:6,

32:25,34:1,38:10

Upaon [2] - 4:19.33:2

uses [1)-17:15

utilize [2] - 20:16.

33:16

v

vacant[11-13:21

value [1] - 5:25

values [11- 23:7

va!Y[1]- 27:11

Vehicle [1] - 8:15

Vincent [4] 1:17,

4:10.31:17,35:23

,virtue ['] - 19:13

viaibillty [,] - 5:23

volumes [11· 8:9

voluminous [1]-

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] - 31 :3,

31:16,31:24,32:2,

35:8. 35:21. 36:4.

36:14

whereas (2] • 12:5,

15:4

whole [11- 13:9

, wlah (']- 4:25

I wltness.s [11 - 5:8

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.

7:25. 8:1, 8:3. 8:11.

8:17,9:1,9:6,9:7.

10:2.10:11.10:14.

10:21,10:24,11:6,

11:7.19:13,20:25,

21 :1, 21 :20, 22:8,

25:20,28:11,28:12,

29:2

-KATHYTOWNSEND COURT REPORTERS

505-243-5018

8