New Mexico Albuquerque-Bernalillo County amendments to 

Part 60 (20.11.60 NMAC), Permitting in Nonattainment Areas, 

adopted by the Albuquerque-Bernalillo County Air Quality Control 

Board July 14, 2010, effective August 30, 2010, filed with the New 

Mexico State Records Center July 28, 2010 and submitted to EPA 

August 16, 2010 (NM-96). 

This document contains only the cover letter and amendments to 

Part 60 submitted to EPA August 16, 2010 (NM-96). This entire 

submittal is available in this Regulations.gov docket at: 

NM034.05 New Mexico Bernalillo County Revisions to Part 60 (20.11.60 NMAC), 

Permitting in Nonattainment Areas; and Part 61 (20.11.61 NMAC), Prevention of 

Significant Deterioration, submitted to EPA August 16, 2010 (NM-96). 199 pages 

4.4 MB s35

and

NM034.06 New Mexico Bernalillo County Revisions to Part 60 (20.11.60 NMAC); 

and Part 61 (20.11.61 NMAC); and to the Bernalillo County Infrastructure SIP for 

PM2.5 and Ozone, submitted to EPA August 16, 2010 (NM-96): Attachment F, 

Exhibits for Public Hearing. 237 pages 8.2 MB s35

Regulations.gov documents EPA-R06-OAR-2009-0648-0005 and

EPA-R06-OAR-2009-0648-0006 
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10AUG25 Pi'! 3:31J

Bill Richardson

Governor

xu. 'i .t. ":F,\I~\S§tate of New Mexico

Office '1the Governor

August 16, 2010

Dr. Alfredo Armendariz

Regional Administrator

U.S. Environmental Protection Agency, Region VI

1445 Ross Avenue, Suite 1200

Dallas, TX 75202-2733

SUBJECT: Request for approval of revision to the New Mexico State Implementation Plan (SIP)

for air quality through the incorporation of an amended 20.11.60 NMAC, Permitting in

Non attainment Areas, 20.11.61 NMAC, Prevention ofSignificant Deterioration and Infrastructure SIP

for PM2.J & Ozone

Dear Dr. Armendariz:

As provided by 40 CFR Part 51, Appendix V, I am writing to request approval of the attached

documentation, which will serve as the basis for revisions to the SIP for New Mexico.

Specifically, I am transmitting the amended 20.11.60 NMAC, Permitting in Nonattainment

Areas. 20.11.61 NMAC, Prevention ofSignificant Deterioration and Infrastructure SIPfor PM2.)

& Ozone, which apply exclusively to Bernalillo County. New Mexico.

The Albuquerque-Bernalillo County Air Quality Control Board (AQCB) amended 20.11.60

NMAC, Permitting in Nonattainment Areas, 20.11.61 NMAC, Prevention of Significant

Deterioration, and the Infrastructure SIP for PM2.) & Ozone on July 14. 2010, after a public

comment period and corresponding public hearing held the same evening. The regulations were

filed with the New Mexico State Records Center on July 28, 2010. and hecome effective locally

on August 30,2010. We believe that the submitted materials provide adequate documentation to

support the requested SIP revisions. These SIP revisions will involve amending the current

versions of 20.11.60 NMAC, Permitting in Nonattainment Areas. and 20.11.61 NMAC,

Prevention of Significant Deterioration, last approved by EPA on April 26, 2007, and which

became effective on May 29, 2007 [FR Vol. 72, No. 80, 20728-20730].

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 transcript and exhibits

3) Comments received

State Capitol • Room 400 • Santa Fe, New Mexico 87501 • 505-476-2200 • www.govemor.state.nm.us
Page 2 August 16, 2010

4) The amended regulations, 20.11.60 NMAC, Permitting in Nonattainment Areas,

and 20.11.61 NMAC, Prevention of Significant Deterioration and an amended

Infrastructure SIPfor PM2.j & Ozone

5) Other supporting documentation

Your favorable consideration ofthis request is appreciated. Ifyou have any questions, please

contact Mary Lou Leonard, Director ofthe Albuquerque Environmental Health Department

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

Sincerely,

Bill Richardson

Governor ofNew Mexico

BR/fl

cc: Mr. Ron Curry, Secretary, New Mexico Environment Department

Ms. Mary UbI, 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
t

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c/o Environmental Health Department, Air Quality Division

P.O. Box 1293, One Civic Plaza NW

~!J'uquerque, NM 87103

I

!

Name Neal Butt I

Phone # 1(505)768- IFAX

2660 1505-768-2617

E-mail nbutt@cabg.gQv

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iAir uali Control Board

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Environmental Protection

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20 ,11

Amended 16 sections and added 4 new sections 20.11.60 NMAC sections 1, 2,

6,7, 12, 13, 14, 15, 16, 17,

18, 19, 20, 21, 22, 23, 24, 25,

26,27

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~='::::'~~,=:3~~~~t't~~~~r~r>,,,, ~] 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 Albul'luerl'lue 1994 section 9-5-1-4.

Check Ifdelegated

authority

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Name: Dr, Margaret Menache

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FILED WlrH

STATE REm~Os CElHER

2D/LIUL2B AHIO:3~

This is an amendment to 20.11.60 NMAC, Sections I, 2, 6, 7, & 12 through 27, which includes four new

additional sections, effective 8/30/10.

20.11.60.1 ISSUING AGENCY: Albuquerque - Bernalillo County Air Quality Control Board. P.O. Box

1293. Albuquerque. NM 87103. Telephone: (505) [768 26QQ] 768-2601.

[20.11.60.1 NMAC - Rp, 20.11.60.1 NMAC, 1/23/06; A, 8/30/10]

20.11.60.2 SCOPE:

A. 20.11.60 NMAC establishes a pre-construction permit program for new major stationary sources

and major modifications [at] of existing major stationary sources located [m] within a nonattainrnent [areas] area.

B. Exempt: 20.11.60 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.

[20.11.60.2 NMAC - Rp, 20.11.60.2 NMAC. 1/23/06; A, 8/30/10]

20.11.60.6 OBJECTIVE: [Th. ebi.eli',<. sf 2Q.ll.6Q NMAC is] To implement a pre-construction permit

program for new or modified major stationary sources that [wish] plan to locate in an area where federal ambient air

quality standards are being exceeded.

[20.11.60.6 NMAC - Rp, 20.11.60.6 NMAC. 1/23/06; A, 8/30/10]

20.11.60.7 DEFINITIONS: In addition to the definitions in 20.11.60.7 NMAC, the definitions in 20.11.1

NMAC apply unless there is a conflict between defInitions. in which case the definition in 20.11.60.7 NMAC shall

govern.

A. "Actual emissions" means the actual rate of emissions of a regulated new source review pollutant

from an emissions unit, as determined in accordance with [lh. fellewing] Paragraphs (1}-(3) of Subsection A of

20.11.60.7 NMAC, except that this defmition shall not apply for calculating whether a significant emissions increase

has occurred, or for establishing a plantwide applicability limit under [2Q.ll.6Q.23 ~IM".c] 20.11.60.27 NMAC.

Instead, Subsections E and 11 of20.11.60.7 NMAC shall apply for those purposes.

(l) 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 detennination 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.

(2) The departtnent may presume that source-specific allowable emissions for the unit are equivalent

to the actual emissions of the unit.

(3) 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.

B. ~~Administrator" means the administrator ofthe United States environmental protection agency

(USEPA) or an authorized representative.

C. uAdverse impact on visibility" means visibility impainnent which interferes with the

management, protection, preservation, or enjoyment of the visitor's visual experience of the mandatory 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:

(l) times of visitor use ofthe mandatory 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.

D. ~'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 of operation, or both,) and the most stringent ofthe following:

(l) the applicable standard set forth in 40 CFR Part 60 or 61;

(2) any 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.

20.11.60 NMAC
E. MBaseline actual emissions" means the rate of emissions, in tons per year, of a regulated new

source review pollutant, as detennined in accordance with [Ill. fellewing] Paragraphs (1)-(4) of Subsection E of

20.11.60.7 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 detennination that it is more representative of normal source operation.

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

associated with startups, shutdowns, and malfunctions.

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

occurred while the source was operating above any 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 detennine 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) ofParagraph (1) of Subsection E of20.11.60.7 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 20.11.60.7 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 noncompliant emissions that

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

consecutive 24-month period.

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

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

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

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

proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted ifthe state has

taken credit for such emissions reductions in an attainment demonstration or maintenance plan consistent with the

requirements of[Sllil•••tien D enQ.! UQ.!8 ~IMAC] Paragraph (7) of Subsection B of 20.11.60.15 NMAC.

(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 E of20.11.60.7 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 pwposes, shall equal the unit's potential to emit.

(4) For a plantwide applicability limit for a major 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 E of 20.11.60.7 NMAC, for other existing emissions units in accordance with the

procedures contained in Paragraph (2) of Subsection E of 20.11.60.7 NMAC, and for a new emissions unit in

accordance with the procedures contained in Paragraph (3) of Subsection E of 20.11.60.7 NMAC.

F. ~~Begin actual construction" means in general, initiation of physical on-site construction

activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to,

20.11.60 NMAC 2
installation of building ['*'I'I"'fll supports and foundations, laying of underground pipework, and construction of

permanent storage structures. With respect to a change in method of operating this term refers to those on-site

activities other than preparatory activities which mark the initiation of the change.

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

emissions 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 department, on

a case-by-case basis. taking into account energy, envirorunental, 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. clean fuels, or treatment or innovative fuel combustion techniques

for control of such pollutant. [n 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 Part 60 or 61. If

the department 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 BACT. 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.

H. ~Building, structure, facility, or instaUation" 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

Pollutant-emitting activities shall be considered as part ofthe same industrial grouping ifthey belong to the same

"major group," that is, which have the same two-digit code, a.Iii described in the standard industrial classification

manual, 1972, as amended by the 1977 supplement (U. S. government printing office stock numbers [41 II I llllM]

4101-0065 and 003-005-00176-0, respec·tively).

I. ~CommeDce'" 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:

(I) 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 contracrual obligations, which cannot be cancelled or modified

without substantial loss to the owner or operator, to undenake a program of actual construction of the SOurce to be

completed within a reasonable time.

J. "Construction" means any physical change or change in the method of operation (including

fabrication, erection. installation, demolition, or modification of an emissions unit) which would result in a change

in actual emissions.

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

required to meet the data acquisition and availability requirements of 20.11.60 NMAC, to sample, condition (if

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

L. "Continuous emissions rate monitoring system (CERMS)" means the total equipment required

for the determination and recording ofthe pollutant mass emissions rate (in tenns of mass per unit of time),

M. UContinuous parameter monitoring system (CPMS)" means all ofthe equipment necessary to

meet the data acquisition and availability requirements of 20.11.60 NMAC, to monitor process and control device

operational parameters (for example, control device secondary voltages and electric currents), and other infonnation

(for example, gas flow rate, oxygen or carbon dioxide concentrations), and to record average operational parameter

value(s) on a continuous basis.

N. ~Electric utilif)-' steam generating unit" means any steam electric generating unit that is

constructed for the purpose of supplying 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 of the affected facility.

O. uEmissions 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 steam generating unit as defined in

Subsection N of 20.11.60.7 NMAC. For purposes of20.11.60. 7 NMAC, there are two types of emissions units as

described in Paragraphs OJ and (2) of Subsection 0 of20.11.60.7 NMAC.

(I) A new emissions unit is any emissions unit which is (or will be) newly constructed and which has

existed for less than two years from the date such emissions unit fITst operated.

20.11.60 NMAC 3
(2) An existing emissions unit is any emissions unit that does not meet the requirements in Paragraph

(1) of Subsection 0 of20.l1.60.7 NMAC. A replacement unit, as defined in 20.11.60.7 NMAC, is an existing unit.

P, "Federal class I area" means any federal land that is classified or reclassified as "class I".

Q. ~'Federalland manager" means, with respect to any lands in the United States, the secretary of

the department with authority over such lands.

R. "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 any

applicable state implementation plan, any pennit requirements established pursuant to 40 CFR 52.21 or under

regulations approved pursuant to 40 CFR Part 51, Subpart I including [4Q CpR 'l.lM a,,,14Q CPR Sl.lM]

operating pennits issued under an EPA-approved program that requires adherence to any pennit issued under such

program.

S. "Fugitive emissions" means those emissions which could not reasonably pass through a stack,

chimney, vent, or other functionally equivalent opening.

T. "Lowest acbievable 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 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 pennit a

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

applicable new source performance standard.

u. "Major modification" means:

--,c---:-"(:,,IL) _.Any physical change in or change in the method of operation of a major stationary source that

would result in:

_______"'(a.,)'--,a significant emissions increase of a regulated new source review pollutant; and

_______"'(b"')'--a significant net emissions increase ofthat pollutant from the major stationary source.

____-:-"("'2L) _: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.

[8-l]ill A physical change or change in the method of operation shall not include:

(a) routine maintenance, repair, and replacement;

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

ofthe Energy Supply and Environmental Coordination Act of 1974, or any superseding legislation, or by reason of a

natural gas curtailment plan pursuant to the Federal Power Act;

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

Clean Air 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;

-.,- ---:-,.-_---,,...,,...,.(...iL

) _the source was capable of accommodating before December 21, 1976, unless such

change would be prohibited under any federally enforceable pennit condition which was established afier December

21, 1976 pursuant to 40 CFR 52.21 or underregulations approved pursuant to [4 QCpR, l.l ~,] 40 CFR Subpart I or

40 CFR5l.l66; or

_----,-, -,__(ui"'i)c--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 [wettI<l

be] iJ! prohibited under any federally enforceable pennit condition which was established after December 21, 1976,

pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.165 or 40 CFR 51.166;

(g) any change in ownership at a stationary source; or

(h) the installation, operation, cessation, or removal of a temporary clean coal technology

demonstration project, provided that the project complies with:

_________--'(UiL)_the state implementation plan for the state in which [ffi] the project is located and

_---,_,.----,----,---,__--'("'il!.l)_,other requirements necessary to attain and maintain the national ambient air quality

standards during the project and after it is terminated.

20.11,60 NMAC 4
[P-JJ(i) This definition shall not apply with respect to a panicular regulated new source review

pollutant when the major stationary source is complying with the requirements under [20.11."0.23 ~IMAC]

20.11.60.27 NMAC for a plantwide applicability limit for that pollutant. Instead, the definition at Paragraph (R) of

Subsection B of [20.1 UO.23 ~IMAC] 20.\ \.60.27 NMAC shall apply.

(5) For the purpose of applying the requirements of 20.11.60.17 NMAC to modifications at major

stationary sources of nitrogen oxides located in ozone nonattainment areas or in ozone transport regions. whether or

not subject to Subpart 2. Part D, Title I of the act. any significant net emissions increase of nitrogen oxides is

considered significant for ozone.

(6) Any physical change in. or change in the method of operation of. a major stationary source of

volatile organic compounds that results in any increase in emissions of volatile organic compounds from any

discrete operation. emissions unit. or other pollutant emitting activity at the source shall be considered a significant

net emissions increase and a major modification for ozone. if the major stationary source is located in an extreme

ozone nonattainmem area that is subject to Subpart 2. Part D. Title I ofthe act.

V, "Major stationary source" [sloall Bw,'elke fell ewing meamngs.]

(1) Means:

[(-I-t]~Any stationary source of air pollutants [w1HeII] that emits, or has the potential to emit,

100 tons per year or more of any regulated new source review pollutantJ (s\ibjeet tB reg1d:latiBa Hader tae federal

CleBfl Air /'ret; Br] except that lower emission thresholds shall apply in areas subject to Subpart 2. Subpart 3, or

Subpan 4 of Pan D, Title I of the act, according to Items (i)-fvi) of Subparagraph (a) of Paragraph (1) of Subsection

V of20.11.60.7 NMAC.

(D 50 tons per year of volatile organic compounds in any serious ozone nonattainment

(ii) 50 tons per vear of volatile organic compounds in an area within an ozone transport

region. except for any severe or extreme ozone nonattainment area.

(iii) 25 tons per year of volatile organic compounds in any severe ozone nonattainment

(iv) 10 ton..o;; per year of volatile organic compounds in any extreme ozone nonattainment

(v) 50 tons per year of carbon monoxide in any serious nonattainment area for carbon

monoxide. where stationary sources contribute significantly to carbon monoxide levels in the area (as detennined

under rules issued bv the administrator).

(vi) 70 tons per year of PM 10 in any serious nonattainment area for PM IO~

(b) For the purposes of applying the requirements of20.11.60.17 NMAC to stationary sources

of nitrogen oxides located in an ozone nonattainment area or in an ozone transport region. any stationary source

which emits. or hao;; the potential to emit. 100 tons per year or more of nitrogen oxides emissions. except that the

emission thresholds in Items fiHvi) of Subparagraph fbl ofParagraph (l) ofSubseetion V of20.11.60.7 NMAC

shall apply in areas subject to Subpan 2 of Pan D, Title I oflhe act.

(D 100 tons per year or more of nitrogen oxides in any ozone nonattainment area

classified as marginal or moderate.

(iD 100 tons per year or more of nitrogen oxides in any ozone nonattainment area

classified as a transitional. submarginal. or incomplete or no data area. when sueh area is located in an ozone

transport region.

(iii) 100 tons per year or more of nitrogen oxides in any area designated under Section

107(d) of the act as attainment or unclassifiable for ozone that is located in an ozone transport region.

(iv) 50 tons per year or more of nitrogen oxides in any serious nonattainment area for

(v) 25 tons per year or more of nitrogen oxides in any severe nonattainment area for

(vi) 10 tOIL."i per year or more of nitrogen oxides in any extreme nonattainment area for

ozone: or

[P-J] ill any physical change that would occur at a stationary source not qualifying under

Subparagraph fal or (bl of Paragraph (1) of Subsection V of 20. 11.60.7 NMAC as a major stationary source, ifthe

change would constitute a major stationary source by itself.

[f'BJill A major stationary source that is major for volatile organic compounds [er sllides sf

nitrogen] shall be considered major for ozone.

20.11.60 NMAC 5
[(4)] ill The fugitive emissions of a stationary source shall not be included in detennining for any of

the purposes of Subsection V of 20.11.60.7 NMAC whether it is a major stationary SOUfce [Ellie te fugitiYe

emissiaR';, la tile e"leRllhe~' aFe 'lliaRliAa~le], unless the source belongs to one ofthe following categories of

stationary sources:

(a) [aRj' eat_gB~' iR S.Bs_.tiBR B .[29,11..9.22 NMAC; aF] carbon black plants (furnace

process);

(b) charcoal production plants;

(c) chemical process plants - not including ethanol production facilities that produce ethanol by

natural fennentation included in NAICS codes 325193 or 312140;

(d) coal cleaning plants (with thennal drYers);

(e) coke oven batteries:

(f) fossil fuel-fired steam electric plants of more than 250 million Btu/hr heat input;

(gJ fossil fuel boilers (or combination thereoO totaling more than 250 million Btu/hr heat input;

(hl fuel conversion plants;

(il glasS fiber processing plants:

(jl hydrofluoric acid plants;

(k) iron and steel mill plants;

(I) kraft pulp mills;

(m) lime plants;

(n) municipal incinerators capable of charging more than 250 tons of refuse per day:

(0) nitric acid plants;

(D) petroleum refineries:

(a) petroleum storage and transfer units with a total storage capacity exceeding 300,000

(r) phosphate roek processing plants:

Is) Portland cement plant;

(t) primary lead smelters;

(11) primarY zinc smelters:

(v) primary aluminum ore reduction plants;

(w) primary copper smelters:

(x) secondary metal production plants;

(v) sintering plants:

(z) sulfur recoverY plants;

(aa) sulfuric acid plants;

(bb) taconite ore processing plants; or

[(b1]i££l any other stationary source category which, as of August 7,1980, is being regulated

under Section III or 112 oflbe federal Clean Air Act.

US) A statiallaFy sallFe_ shall Ral lle a _ieF slaliana~' sa__ eIlle la se.aR"a~' amissiaRs.]

W. "Mandatory federal class I area~ means those federal lands that are international parks, national

wilderness areas which exceed 5,000 acres in size, national memorial parks which exceed 5,000 acres in size, and

national parks which exceed 6,000 acres in size, and which were in existence on August 7, 1977, These areas may

not be redesignated.

X. ~~Natural conditions" includes naturally occurring phenomena that reduce visibility as measured

in tenns of visual range, contrast or coloration.

Y. "Necessary preconstruction approvals or permits" means those permits or approvals required

under federal air quality control laws and regulations and those air quality conlTollaws and regulations which are

part of the applicable state implementation plan (SIP).

Z. "Net emissions lncrease~ [shall have th_ fell.wiag m_aHiags:]

(1) Means. with respect to any regulated new source review pollutant emitted by a major stationary

SOUfce, the amount by which the sum ofthe following exceeds zero:

(a) the increase in emissions from a particular physical change or change in the method of

operation at a stationary source as calculated pursuant to Subsection [e) I! of20.1 1.60.12 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 under Subparagraph (b) of Paragraph (I) of Subsection Z of20.11.60.7 NMAC, shall be

20.11.60 NMAC 6
detennined as provided in Subsection E of20.11.60.7 NMAC, except that Subparagraphs (c) ofParagraph (I land

(d) of Paragraph (2) of Subsection E of20.11.60.7 NMAC shall not apply.

(2) An increase or decreao,;e in actual emissions is contemporaneous with the increase from the

panicular change only jfit occurs [wi~Bifl taB time perise Bye years t:'RSF t8 the eSHlHlBflsemset sf esastA:ietisH Be

the p81'tieHlar "haage aaa] before the date that the increase from the particular change occurs.

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

(al it occurs [wi!I>ia the time periea] between:

--,-- "'("ilL-"'th""'e-'d"a"'te'-five years prior to the commencement of construction on the particular

change; and

_______--,--_"'("I1!J.·),....-- the date that the increase from the particular change occurs; and

(b) [eithef] the department fer the admimstrater] has not relied on it in issuing a permit for the

source under [appro"ed] regulations [aaa] approved pursuant to 40 CFR 51.165. which pennit is in effect when the

increase in actual emissions from the particular change occurs.

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

emissions exceeds the old level.

(5) 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;

(c) the department has not relied on it in issuing any pennit under regulations approved

pursuant to 40 CFR Part 51 Subpart I or the state has not relied on it in demonstrating attainment or reasonable

further progress; and

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

attributed to the increase from the particular change.

(6) 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.

(7) Paragraph (I) of Subsection A of20.11.60. 7 NMAC shall not apply for determining creditable

increases and decreases or after a change.

AA. "Nonattainment area" means, for any air pollutant an area which is shown by monitored data or

which is calculated by air quality modeling, or other methods determined by the administrator to be reliable, to

exceed any national ambient air quality standard for such pollutant. Such tenn includes any area identified under

Subparagraphs (A) through (C) of Section 107(d)(I) ofthe federal Clean Air Act.

BB. "Nonattainment major new source review (NSR) program" means a major source

preconstruction pennit program that has been approved by the administrator and incorporated into the New Mexico

state implementation plan to implement the requirements of 40 CFR 51.165, or a program that implements 40 CFR

Part 51, Appendix S, Sections I through VI. Any pennit issued under such a program is a major new source review

permit.

CC. "'Part" meaDS an air quality control regulation under Title 20, Chapter 11 ofthe New Mexico

administrative code (NMAC), unless othernise noted; as adopted or amended by the board.

DD. "'Portable stationary source" means a source which can be relocated to another operating site

with limited dismantling and reassembly.

EE. '''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 pollution control equipment and restrictions on hours of operation or on the type or amount

ofmaterial combusted, stored, or processed, shall be treated as part ofits design only ifthe limitation or the effect it

would have on emissions is federally enforceable. Secondary emissions do not count in detennining the potential to

emit of a stationan' source.

FF. "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 infonnation (for example, gas flow rate, oxygen or carbon dioxide concentrations), and

calculate and record the mass emissions rate (for example, pounds per hour), on a continuous basis.

GG. "Prevention of significant deterioration (PSD) permit" means any permit that is issued under

20.11.61 NMAC.

20.11.60 NMAC 7
HH. ··Project" means a physical change in, or change in the method ofoperation of. an existing major

stationary source.

II. "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 anyone ofthe five years (12-month period) following

the date the unit resumes regular operation after the project, or in anyone of the 10 years fOllowing that date, if the

project involves increasing the emissions unit's design capacity or its potential to emit ofthat regulated new source

review pollutant and full utilization ofthc unit would result in a significant emissions increase or a significant net

emissions increase at the major stationary source.

c-:::-,----::--,-----:-,(=2.,1,..-In determining the projected actual emissions under Paragraph (I) of Subsection \I of 20.11.60.7

NMAC, before beginning actual construction, the owner or operator ofthe major stationary source:

[Ri] (ill shall consider all relevant information, including but not limited to, historical operational

data, the company's own representations, the company's expected business activity and the company's highest

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

plans under the approved plan; and

[~] ili.l shall include fugitive emissions to the extent quantifiable, and emissions associated with

startups, shutdowns, and malfunctions; and

[W] if] 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 E of

20.11.60.7 NMAC and that are also unrelated to the particular project, including any increased utilization due to

product demand growth; or,

[~] ll!.l in lieu of using the method set out in Paragraphs (I) through (3) of Subsection II of

20.11.60.7 NMAC, may elect to use the emissions unit's potential to emit, in tons per year, as defmed under

Subsection EE of20.11.60.7 NMAC.

JJ, "Regulated new source review pollutant", for purposes of 20.11.60 NMAC, means the

following:

(I) nitrogen oxides or any volatile organic compounds;

(2) any pollutant for which a national ambient air quality standard has been promulgated; or

(3) any pollutant that is a constituent or precursor of a general pollutant listed [ia] under Paragraphs

(I) or (2) of Subsection JJ of20.11.60.7 NMAC, provided that [a] such constituent or precursor pollutant may only

be regulated under new sOurce review as part ofregulation of the general pollutant; precursors identified by the

administrator for purnoses ofNSR are the following:

(a) volatile organic compounds and nitrogen oxides are precursors to ozone in all ozone

nonattainment areas;

(b) sulfur dioxide is a precursor to PM,., in all PM'.l nonaltainment areas;

(c) nitrogen oxides are presumed to be precursors to PM~ in all PMZJ nonattaimnent 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.., 5 concentrations;

(d) volatile organic compounds and ammonia are presumed not to be precursors to PM"'.j in any

PMU nonattainment area. unless the state demonstrates to the administrator's satisfaction or EPA demonstrates that

emissions of volatile organic compounds or ammonia from sources in a specific area are a significant contributor to

that area's ambient PM? 5 concentrations; or

(4) PM'l5 emissions and PM 10 emissions shall include gaseous emissions from a source or activity

which condense to fom 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 malter shall be

accounted for in applicability detenninations and in establishing emissions limitations for PM"'.5 and PMll! in

nonattaimnent major NSR pemits; compliance with emissions limitations for PM~ and PMlQ issued prior to this

date shall not be based on condensable particulate malter 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 ofthis section unless the applicable

implementation plan required condensable particulate matter to be included.

KK. "Replacement unit" means an emission unit for which all ofthe [follewmg] criteria listed in

Paragraphs (l}-(4) of Subsection KK of20.11.60.7 NMAC are met. No creditable emission reductions shall be

generated from shutting down the existing emissions unit that is replaced.

20.11.60 NMAC 8
(I) The emissions WIit 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.

(2) The emissions unit is identical to or functionally equivalent 10 the replaced emissions unit.

(3) The replacement (unit) does not [efttmge] alter the basic design parameter(s) ofthe process unit.

(4) The replaced emissions WIit is pennanently 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 emission.... unit is brought back into operation. it shall constitute a new emissions WIit.

LL. "Secondary emissions" means emissions which would 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 modification itself. For the purpose of [Sueseeliefl LL ef] 20.11.60.7 NMAC, secondary emissions must be

gpecific. well defined, quantifiable, and impact the same general area 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.

MM. ~Significant" means, in reference to a net emissions increase or the potential of a source to emit

any ofthe following pollutant., a rate of emissions that would equal or exceed any of the following rates:

(\) Pollutant emission rates:

[tBJlill carbon monoxide, 100 tons per year;

[P-11ill nitrogen oxides, 40 tons per year;

[~lJ.£l sulfur dioxide, 40 tons per year;

[\'41@ PMIO emissions, 15 tons per year;

[~JW ozone, 40 tons per year of volatile organic compounds or nitrogen oxides; or

[\bllill lead, 0.6 tons per year;..Q[

(g) PM,., 10 tons per year of direct PM,.; emissions; 40 tons per year of sulfur dioxide

emissions: 40 tons. per Year of nitrogen oxide emissions unless demorL."ltrated not to be a PM').; precursor under

Subsection JJ of 20.11.60.7 NMAC.

en Notwithstanding the significant emissions rate for ozone in Paragraph (n of Subsection MM of

20.11.60.7 NMAC. significant means, in reference to an emissions increase or a net emissions increase. any increase

in actual emissions of volatile organic compounds that would result from anY physical change in. or change in the

method of operation of. a major stationary source locating in a serious or severe ozone nonattainment area that is

subject to Subpart 2. Part D Title I of the act. if such emissions increase of volatile organic compounds exceeds 25

tons per year.

(3) For the purposes of aoplying the reguirement' of 20.11.60.17 NMAC to modifications at major

stationary sources of nitrogen oxides located in an ozone nonattainment area or in an ozone transport region. the

significant emission rates and other requirements for volatile organic compounds in Paragraphs (1), (2). and (5) of

Subsection MM of 20.11.60.7 NMAC shall apply to nitrogen oxides emissions.

(4) Notwithstanding the significant emissions rate for carbon monoxide under Paragraph (1) of

Subsection MM of 20.11.60.7 NMAC, significant means. in reference to an emissions increase or a net emissions

increase, any increase in actual emissions of carbon monoxide that would result from any physical change in, or

change in the method of operation of, a major stationary source in a serious nonattainment area for carbon monoxide

if such increase equals or exceeds 50 tons per year, provided the administrator has detennined that stationary

SOurces contribute significantly to carbon monoxide levels in that area.

(5) Notwithstanding the significant emissions rates for ozone under Paragraphs (n and (2) of

Subsection MM of 20.11.60.7 NMAC. any increase in actual emissions of volatile organic compounds from any

emissions unit at a major stationary source of volatile organic compounds located in an extreme ozone

nonattaioment area that is subject to Subpart 2. Part D, Title I of the act shall be considered a significant net

emissions increase.

NN. ~Significant emissions increase" means, for a regulated new source review pollutant, an increase

in emissions that is significant for that pollutant.

00. ~Stationary source" means any building, structure, facility, or installation which emits or may

emit any regulated new source review pollutant.

PP. "'Temporary source" means a stationary source which changes its location or ceases to exist

within one year from the date of initial start of operations.

QQ. ""Visibility impairment" means any humanly perceptible change in visibility, that is, visual range,

contrast, coloration, from that which would have existed under natural conditions.

20.11.60 NMAC 9
[20.11.60.7 NMAC - Rp. 20.11.60.7 NMAC. 1123106: A. 8130/10]

20.11.60.12 APPLICABILITY:

A. Any person constructing any new major stationary source or major modification shall obtain a

penni! from the department in accordance with the requirements of20.11.60 NMAC prior to the start of construction

or modification if either ofthe following conditions ["I'I*ies] under Paragraph (I) or (2) of Subsection A of

20.11.60.12 NMAC applv.

(I) Sources that would locate in a designated nonattainment area. The proposed major stationary

source or major modification [wiH] would be located within a nonattainment area so designated pursuant to Section

107(d)(\HAHi) ofthe federal Clean Air Act and [will] would emit a regulated new source review pollutant for

which it is major and for which the area is designated nonattainment [feF,-ff].

(2) Sources locating in designated clean or unclassifiable areas which would cause or contribute

to a violation of a NAAQS.

_______"'(a.,)_The proposed major stationary source or major modification [will] would be located within

an area designated ill! attainment or unclassifiable for any NAAQS pursuant to Section 107 ofthe federal Clean Air

act. and will emit a regulated new source review pollutant for which it is major [aHd the ameieat im~aot af'1\Ioh

~olhlt"nt Vlo"ld e"oeed any ofthe sigaiaeaBoe le"els iB S"eseotioB A af2G.II.6G.22 ~!MAC at aey laoatioB that

Bees BBt meet Bft)' aBtisaal ameieRt ail tJuality staBaaFB feF the same 19S1llitaBl (See SubseetieR );l sf 2Q,ll.eQ.12

~rHAC).] and when it would cause or contribute to a violation of any NAAQS.

<bl A major source or major modification will be considered to cause or contribute to a

violation of a NAAOS when such source or modification would. at a minimum. exceed the following significance

levels at any locality that does not or would nOl meet the applicable national standard:

Significant ambient concentrations:

Avera"in" Time

Pollutant Annual 24-hr 8-hr 3-hr I-hr

Sulfur Dioxide 1.0 ",,1m' 5 u"/m' -- 25 uQ!m' -- PM," 1.0 1l~/m' 5 1l~/m' -- -- -- Nitro"en Dioxide 1.0 ,,21m' -- -- -- -- Carbon Monoxide -- -- 0.5 m"/m' -- 2 m~/m'

(3) A proposed major source or major modification subject to Subsection A of20.11.60.12 NMAC

may reduce the impact ofits emissions upon air quality by obtaining sufficient emission reductions to. at a

minimum. compensate for its adverse ambient impact where the major SOurce or major modification would

otherwise cause or contribute to a violation of any national ambient air quality standard. In the absence of such

emission reductions. the department shall deny the proposed construction.

(4) The requirements of Subsection A of 20.11.60.12 NMAC shall not apply to a major stationary

source or major modification with respect to a particular pollutant ifthe owner or operator demonstrates that. as to

that pollutant. the source or modification is located in an area designated as nonattainment pursuant to Section 107

of the act.

[ B. The "'~Hi",meB!s ef2G.ll.69 NMAC a~~IJ' 10 oaoh .egHlalod Be... salir..,e "",'0'" ~ell"la1lt

meetiBg the erileria af oithe. PBFagFajlh (I) a. PBFagfltllh (2) af S..eseotiaB A of2G.l UG.12 ~IMAC,

c. ~er an area ,".flieB is R8Rsltaiftffumt far 8il8RS, ...elatile 8FgaBie eeftll3eHaSs anel snieles sf aitf'egeB:

a.e the .egHlated Bev; sa".oe re'"iow ~all"""'ts whioh may mal.. 2G.ll.eG ~IM,'''C a~~lieablo ""der the ~ra...isiaBs of

Paragfltllh (I) af SuesootiaB A of2G.lI.6G.12 ~!MAC.

D. Other ret:tlliremeB:ts.

(I) A BOW majar statio~' SOliToe ar majar modifieatioB vJhioh meets the orileria ofPBFagfltllh (2) af

S..esootiaB A af 2G.ll.6G.12 ~!Mt',c shall demaBSlrate that the .'aliToe or modiaoatiaB will BOt e...so ar oolllrieHIe 10

s vielstiDB DfaBy Baa-sBal amsieBt ai:r flNalit)' S1'aBaaftl by meetiB:g the felJe",riBg Fet:tHH=emeBts BBel B8 sthefs sf

2G.II.6G ~IMAC:

(a) Paragra~h (2) of SHeseotiaB C af 2G.I UG.I § ~IHAC rogardiBg emissiaB olffiets:

(e) 8..eseotiaB D af2G.I UG.I§ ~!HAC regBFdiBg a Bet air ...lit)· eeeeat:

(e) 2G.lI.6G.17 NMAC EmissioB Offset BasoliBe:

Cd) 2G.l UG.18 NHAC EmissiaB Offset; aBd

20.11.60 NMAC 10
(e) 20.11 .•0.20 NM/\C Air Qu.lily Beaeli\.

(2) la .aailiaa,. aew "auree a' ",aailie.liaa "hiBh ",eel' Ihe Brileri. afPar.graph (2) af~uhs.eliaa

A a[20.11..0.12 NMAC .aa is .Isa • ",.jar "1.liaROF)' so",e. ar ",ajar "'aailiBatiaa as aeliaea ill 20.1 I.. I NMAC,

Pre,'eatiaa af ~igailieaat DeleriaraliaR (PSD), ,lftall ellt"ia. P~D p.....il "".e, the pre,'isiaas af 20.11./i1 }IMAG.]

[&IB, AppUcability procedures,

(1) Except as otherwise provided in [Paragmpas (3) 8fta (4) af~llIlsecliall E af20.11./i0.12]

Subsection C of 20.11.60.12 NMAC, and consistent with the definition of major modification, a project is a major

modtfication for a regulated new source review pollutant if it causes two types of emissions increases - a signifIcant

emissions increase, and a significant net emissions increase. The project is not a major modification tf it does not

cause a significant emissions increase. Ifthe project causes a significant emlssions 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 [Paragraphc (3) 8fta (4) af~uaseeliaa E af20.11.60.12] Paragraphs (3), (4) and (6) of

Subsection B of20.11.60.12 NMAC. The procedure for calculating (before beginning actual construction) whether

a significant net emissions increase will occur at the major stationary source the second step of the process) is

contained in the definition of net emissions increase. Regardless of any such preconstruction projections, a major

modifIcation results if the project causes a significant emission..lil increase and a significant net emissions increase.

(3) Actual-to-projected-aetual appUcability test for projects that 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) Actu.l-to-potential test for projects that!!!!!y involve construction of a new emissions

unit(s). A significant emission..lil increase of a regulated new source review pollutant is projected to occur if the sum

ofthe 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) [Reserved]

(6) Hvbrid test for projects that involve multiple types of emissions units. A sii!nificant

emissions increase of a regulated new source review pollutant is projected to occur ifthe sum ofthe emissions

increase~ for each emissions unit. using the method specified in Paragraphs (3) and (4) of Subsection B of

20.11.60.1:! NMAC as applicable with respect to each emissions unit. for each we of emissions unit equals or

exceeds the significant amount for that pollutant (as dermed in Subsection MM of20.11.60.7 NMAC).

[(,51]c, 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./i0.23 HMAC] 20.11.60.27 NMAC.

W The fellowillg speeilic pre"isiaRs apply la prejeets at e"isliBg emissie... uRils at a ",ajar

statisH8FY SauFee (sther thafl prejee-t£ at a SStlFee witJ:t BPAL) ift eiT611Hlstaaees wfteFe the SWfleF Sf 8f'erater elests te

us. the ",etha. speeiliea in Paragraphs (I) Waugh (3) af~llIls.etiaB II e[20.11./i0.7 NMAC fer eale"latiag

f'!rejestBs 86mal em.issisflS.

(I) Befere B.ginBiag .C!l>al eanslRJetiaB afthe pr~eel, !h. a"'Ber ar aperatar shall aae"meat aaa

maiataifl a r-BSSfB sf the fonowing infflrmatiofl:

(a) a .escripliaB afthe prai eel;

EB) iseHtitisatisa of the emissisBsl:l:flit(S) wilese emissisflS era feg1:dateB He,," sew:se Fev-iew

pall"IBllt caula ee affected B)' the prej.el; ana

(e) a aeseripliaa afthe "!'Pheahili!)' lesl usea la ••I._iae lltal the praieel is Bal a ",ajar

"'aailieatiaR fer an)' reg"lat.a ae..,. sa",ee re,'i•..,. pall....at, iacluaiflg the easelill. aellial ....ise,;aas, the p",jeetea

aellial e"'issiaas, the amaual afe"'issiaas e"el".e. uaaer Paragraph (3) af S"eseetiaB IJ a[20.11.60.7 HMAC aa.

8ft ."plaRat;aB fer WR)' sueh ama""t ',v"s excluaea, alia aBy BettiRg e.lsulatiaBs, if applieahl•.

(2) Ifthe emiSSiSBS l:I:fl:it is an eJdstiag eleetrie utilit)' steam geaef8Jiag l:lIlit, aefeFe eeginning aemal

eaBslffieliall, the a"",er ar ap.ratar shall praYi.e a eap)' af the iafe_ati.B sel aul iR ParagrapR (I) af ~"eseeliaBI'

af20.11..0.12 NMAC la Ilie a.partraeRI. NathiBg ia Paragraph (2) ef~uBseeliaa F af20.11..0.12 N}V,C shan he

esestmea te TeEtHire the a'i'ffler SF 8fJerater sftlH6h a WRit te ebtaifl aHj' aetermiHatisR frsm the aef'!aFtffleat; Hswever,

Aeeesssry J:lTsesastmetisn ~PfS iBIs aBs/eF J:lemtits ffll:lst 'ae eemiees eeraTe aegimHag aetHad esastt1:letisa.

(3) The oV.'fler Sf SfleratsT saaH mSHitsr tlle emissisas sf an)' Teg~:latea flew SSl:lTee re\'iew J:lelhuaat

that eaula iaereas. as a r.s"lleflll. praiecI 8ft. that is .mittea By an)' .",issiaflS "Hts jaMtiliea iB SllIlparagraph (a)

afParagraph (I) af~"Bseet;aaF af20.11 .•0.12 N}4AC; aBa ealc"lal. BIla "'aialaiB a reeera afth. BflBual

20.11.60 NMAC 11
emissieRs. iR teRs pe, ye., eR. e.I.Ra., y.ar ~.sis. fer. p.riea efll.,s y.... fellewiRg r."lIHlJ'lieR efreglil..

ep.retieRS .ft.r the ehORg•. er fe,. p.riea ef IQ y••rs fellewiRg ,.sllmplieR efr.glil., ep.,.lieRs .Ii.,the eh.Rg. if

Ill. p,e.!.el iRe.....s the a.SigR e.p.eil~' er peleRli.lle .mit eflh.t r.glll.l.a R.W sellro. r.,'i.\" pellmam.t slleh

emissisRS llRit.

(4) lfth. liftil is OR ."iSliRg .l.etrie litili~' st.... g.R.ratiRg llHiI. the eWH.' e, ep.rater shall s""mil.

r.pert Ie the asp._.RI wilhiR ~Q days .lier Ill. ORa ef••eh y••r aliriRg whieh r.eeras mllsl b. g.Rerat.a IIRa.r

Faregrepb (3) ef S..bs.etieR F' ef 2Q.11.@.12 ~IM,"C s.tting elit the liftit's lHlfIliftl .mi,;"ieRs aliriRg Ih. ~'ear lIlat

p..esa.a """missieR eflb. r.pert,

(5) Iftfie 1:lflit is ftfl 8Ristiag UBit ether thae 81l eleek-ie Htility steam geaeFfttmg Nmt. the 8'l;'fler ar

ep.reter 09011 slibmit a r.pert te the asp_.RI if the _I.missieRs, iR leRs p.r j'.ar, from the prei.el ia.mill.a

iR Faregraph (I) e[Slibs.olieR F ef2Q.Il.~Q.12 ~IMAC, ."e••a ths bas.liR••elll.l.missieRs (.s aeelim.m.a ana

m.iRI.iR.a Pllrslillfl! te Slibp.ragreph (e) efParegreph (I) Bf SIIbs.elieR F ef 2Q.I LaQ.12 ~lMAC) by • sigRilie.m

.meliRt fe, Ih.t ..glll.l.a R.W sellre. r.,·i.w pelllll.m, ana ifslleh .missieRs aiff<lr frem Ih. pr.eeRstmetieR

prei.elieR (.s aee",".Rt.a ORa m.im.iRea p"_ORlle SII~par.graph(e) efParagraph (I) efSIi~seetiBRF ef

2Q.1I,~Q.12 NMAC). Slieh ,sp.rt shall b. """mitt.a Ie the asp_.m wilhiR ~Q a.ys ali., the .Ra efslleh y.ar.

Th. r.pert sh.1l eBRtaiR the fellewiRg:

(.) Ih. R"'., aaa..ss BRa 1.I.pheRs Rllmb., efth. majer "talialla"y sali"".;

(b) the _al .missiaRs as ealelil.l.a p"rs".Rlta Paragreph (3) ef Sm.s.eliaR F af2Q.Il.~Q.12

(e) aRj' .th., iRfefffiatiaR thai the eWR.r ar epOfata, wish.s Ie iRellia. iR the r.part, fer

8n8Rlflle. aft eKl3laaatisft as fa why the emissisRS differ H:Sffi tHe j3FeasastRietisflI'Fe;;eetiea.

G. Th. a"''R.r ar ep.r.lar efth. se_. shall m.I,. Ill. iRferm.tieR "~lii..a to bs aaellm811t.a ...a

maiRtaiR.a plifsliaRt ta Slibs.etieR F ef 2Q.II.~Q.12 ~Ae .....il...l. fer ...'i.w lipaR • r.~Ii.st fer iRsp.eliaR ~y lhe

asp....m.m er the g.R.ral p""lie pli'Slillfl! te the r.~Iiir.m.llts eeBt.iR.a ill 4Q eFR 7Q.4(b)(3)(..iii).]

[20.11.60.12 NMAC - N, 1/23/06; A, 8/30/10]

20.11.60.13 SOURCE OBLIGATION AND ENFORCEABLE PROCEDURES:

A. [Th. "~IIirem.Rt8 ef!IIis 2Q.1I.~Q J>IMAC o9all .pply .s theligh eeRswotieR h.a Rat y.t

e8HlmBfl8ee at the time (Rat 8 saUTee aF meeifieatisfl sesames a majer SBUFe8 Sf majef meEliiisatiS8 Bslely aHe fa a

r.I""atieR iR ORy sllfe,o."'I. limit.tieR .stablish.a .Iler Allgllst 7, 198Q.] 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

enforcement limitation which was established .fter August 7,1980, on the capacity ofthe source or modification

otherwise to emit a pollutant. such as a restriction on hours ofoperation. then the requirements of regulations

approved pursuant to 20.11.60 NMAC shall apply to the source or modification as though construction had not yet

cOmmenced on the source or modification.

B. [The issHaBes afa pefffiit By tbs aspartm8Bt o9.ll net r.Ii.',. ORy e\''R.r er ep.raIe, afth.

r.speRsibilit)' te eamply with ths pra"isieBs efthe Air Qlialil)' CeRb'el ,0.01, Seeliells 74 2 Iia 74 2 17, NMSA

1978, OR)' applie"'le regal.tieRs ef til. baara, ORa OR)' ether ..~i,.m.Rt8 lifta.r lao.l. state, er tea.rallaw.]

Approval to construct shall not relieve any owner or operator ofthe responsibility to comply fully with applicable

provision ofthe plan and any other requirements under local State or Federal law. including provisions ofthe Air

Quality Control Act Sections 74-2-1 to 74-2-17, NMSA 1978, and any applicable regulations of the board.

C. Any O'WIler or operator who commences construction or operates a major stationary source or

major modification without, or not in accordance with, a pennit issued under the requirements of 20.11.60 NMAC

shall be subjeet to enforeement action.

D. 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. For a phased construction project, each phase must commence com.truction

within 18 months ofthe projected and approved commencement date. The director may extend the 18-month period

upon a satisfactory showing that an extension is justified.

E. For phased construction projects, the determination ofthe lowest achievable emission rate shall be

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

commencement of construction of each independent phase of the project. At such time, the O'WIler or operator of the

applicable stationary source may be required to demonstrate the adequacy ofany previous detennination of lowest

achievable emission rate.

F, Ifthe owner or oper.tor previously issued a pennit under 20.11.60 NMAC applies for an

extension as provided for under Subsection D of 20.11.60.13 NMAC, and the new proposed date of construction is

20.11.60 NMAC 12
greater than IRmonths from the date the permit would hecome invalid. the determination of lowest achievahle

emission rate shall be reviewed and modified as appropriate before such an extension is granted. At such time, the

owner Or operator may be required to demonstrate the adequacy of any previous detennination oflowest achievable

emission rate.

[20.11.60.13 NMAC - Rp. 20.11.60.12 NMAC. 1/23/06; A, R/30/l 0]

20.11.60.14 FUGITIVE EMISSIONS: The provisions of20.11.60 NMAC do not apply to a source or

modification that would be a major stationary source or major modification only if fugitive emission to the extent

quantifiable are considered in calculating the potential to emit of the stationary source or modification and the

source does not belong to any of the following categories:

A. carhon hlack plants (furnace process);

B. charcoal production plants;

C. chemical process plants - not including ethanol production facilities that produce ethanol by

natural fermentation included in NAtCS codes 325193 or 312140;

D, coal cleaning plants (with thermal dryers);

E. coke oven batteries:

F, fossil fuel-fired steam electric plants of more than 250 million Brulhr heat input:

G, fossil fuel hoilers (or comhination thereof! totaling mOre than 250 million Brulhr heat input;

H. fuel conversion plants:

I. glass fiber processing plants:

J. hydrofluoric acid plants;

K. iron and steel mill plants;

L kraft puIp mills;

M. lime plants;

N. municipal incinerators capable of charging more than 250 tons of refuse 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 plant;

T. primary lead smelters:

U. primary zinc smelters:

V. primary aluminum ore reduction plants:

W. primary copper smelters:

X. secondary metal production plants:

Y. sintering plants;

Z, sulfur recovery plants;

AA, sulfuric acid plants;

BB. taconite ore processing plants: or

ce. any other stationary source category which. as of August 7, 1980 is being regulated under Section

III or 112 of the federal Clean Air Act.

[20.11.60.14 NMAC - Rp. 20.11.60.13, 1/23/06; 20.11.60.14 NMAC - N, 8/30/10]

20.11.15 BASELINE FOR DETERMINING CREDIT FOR EMISSION AND AIR QUALITY

OFFSETS:

A. For sources and modifications subject to any orecon.<;truction review program adopted pursuant to

20.11.60 NMAC. the baseline for detennining credit for emissions reductions is the emissions limit under the

applicable state implementation plan (SIP) in effect at the time the application to construct is filed. except that the

offset baseline shall be the actual emissions ofthe source from which offset credit is obtained where:

(1) the demonstration of reasonable further progress and attainment of ambient air qualitv standards

is based upon the actual emissions ofsources located within a designated nonattainment area for which the

preconstruction review program was adopted; or

(2) the applicable SIP does not contain an emissions limitation for that source or source categorY.

B. Comhustion of fuels.

(]) Where the emissions limit under the applicable SIP allows greater emissions than the potential to

emit of the source, emissions offset credit will be allowed only for control below this potential.

20.11.60 NMAC 13
(2) For an existing fuel combustion source. credit shall be based on the allowable emissions under the

applicable SIP for the type of fuel being burned at the time the pennit application to construct is filed. If the existing

source commits to switch to a cleaner fuel at some future date. emissions offset credit based on the allowable (or

actual) emissions for the fuels involved is not acceptable. unless the pennit is conditioned to require the use of a

specified alternative control measure. which would achieve the same degree of emission reduction should the source

switch back to a dirtier fuel at some later date. The department should ensure that adequate long-tenn supplies of

the new fuel are available before granting emissions offset credit for fuel switches.

(3) Emission reduction credit from shutdowns and curtailments.

(a) Emissions reductiolL.1\ achieved by shutting down an existing emission unit or curtailing

production or operating hours may be generally credited for offsets ifthey meet the reguiremenll\ in Items 0) and (ii)

of Subparagraph (a) of Paragraph (3) of Subsection B of20.11.60.15 NMAC.

(il Such reductions are surplus, pennanent, quantifiable, and federally enforceable.

(ii) The shutdown or curtailment occurred after the last day ofthe base year for the SIP

planning process. For purposes ofItem Oi) of Subparagraph (a) of Paragraph (3) of Subsection B of 20, 11.60.15

NMAC. the department may choose to consider a prior shutdown or curtailment to have occurred after the last day

ofthe base year ifthe projected emissions inventory used to develop the attainment demonstration explicitly

includes the emissionl\ from such previously shutdown or curtailed emission units. However. in no event may credit

be given for shutdowns that occurred before August 7 1977.

(b) Emissions reductions achieved by shutting down an existing emissions unit or curtailing

production or operating hours and that do not meet the requirements in Item (ii) of Subparagraph (a) of Paragraph

(3) ofSubsection B of 20, 11.60.15 NMAC may be generally credited only if:

Ci) the shutdown or curtailment occurred on or after the date the construction pennit

application is filed; Or

(ti) the applicant can establish that the proposed new emissions unit is a replacement for

the shutdown or curtailed emissions unit. and the emissions reductions achieved by the shutdown or curtailment met

the requirements ontem (i) of Subparagraph (a) ofParagraph (3) of Subsection B of20.11.60.15 NMAC.

(4) No emissions credit shall be allowed for replacing one hydrocarbon compound with another of

lesser reactivity, except for those compounds listed in Table 1 of EPA's Recommended Policy on Control orVolatile

Organic Compounds (42 FR 35314, July 8, 1977) and any amendments thereto.

(5) All emission reductions claimed as offset credit shall be federally enforceable.

(6) Procedures relating to the Permissible location ofoff,etting emissions shall be followed which are

at least as stringent as those set out in 40 CFR Part 51 Appendix S Section IV.D.

(7) Credit for an emissions reduction can be claimed to Ihe extent that the department has not relied

on it in issuing any pertUit under regulations approved pursuant to 40 CFR Part 51 Subpart I or the department has

not relied on it in demonstration attainment or reasonable further progress.

(8) [Reserved]

(9) [Reserved]

(lQ) The total tonnage ofincreased emissions. in tons per year. resulting from a major modification

that must be offset in accordance with Section 173 ofthe federal Clean Air Act shall be determined by summing the

difference between the allowable emissiolL.1\ after the modification and the actual emissions before the modification

for each emissions unit.

C. All emission reductions claimed as offset credit shall occur prior to or concurrent with the start of

operation ofthe proposed source. In addition. past reductions must have occurred later than the date upon which the

area became nonattainment in order to be creditable.

D. The owner or operator desiring to utilize an emission reduction as an offset shall submit to the

department the following infonnation:

(I) a detailed description ofthe process to be controlled and the control technology to be used; and

(2) emission calculations showing the types and amounts of actual emissions to be reduced; and

(3) the effective date ofthe reduction.

[20.11.60.15 NMAC - Rp, 20.11.60.14 NMAC, 11~3/06; 20.11.60.15 NMAC - N, 8/30110]

20.11.60.16 PROVISIONS FOR PROJECTED ACTUAL EMISSIONS: Except as otherwise provided in

Subsection F of 20.11.60.16 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

Subsection F of20.11.60.16 NMAC. that a project that is not a part of a major modification may result in a

20.11.60 NMAC 14
significant emissions increase ofsuch pollutant and the owner or operator elects to use the method specified in

Subparagraphs (a), (b) and (c) of Paragraph (2) of Subsection II of 20.11.60.7 NMAC for calculating projected

actual emissions, Deviations from these provisions will be aporoved only if the department specifically

demonstrates that the submitted provisions are more stringent than or at least as stringent in all respects as the

corresponding provisions in Subsections A through F of 20.11.60.16 NMAC.

A. Before beginning actual construction of the project the owner or operator shall document and

maintain a record ofthe following information:

(1) a description ofthe proj ect;

(2) identification of the emissions unites) whose emissions of a regulated new source review pollutant

could be affected by the project: and

(3) a description ofthe applicability test used to determine that the project is not a major modification

for anv regulated new source review pollutant. including the baseline actual emissions, the projected actual

emissions, the amount of emissions excluded under Subparagraph (c) of Paragraph (2) of Subsection II of 20.11.60.7

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

B. Ifthe emissions unit is an existing electric utility steam generating unit. before beginning actual

construction. the owner or operator shall provide a copy ofthe infonnation set out in Paragraph (I) of Subsection F

of 20.11.60.12 NMAC to the department. Nothing in Paragraph (2) of Subsection F of 20, 11.60.12 NMAC shall be

construed to require the owner or operator ofsuch a unit to obtain any determination from the department: however,

necessary preconstruction approvals or pennits must be obtained before beginning actual construction.

C. 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 units identified in Subparagraph (a)

ofParagraph (2) of Subsection A of 20, 11.60.16 NMAC: and calculate and maintain a record ofthe annual

emissions, in tons per year on a calendar year basis. for a period of five yea~ 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 ofthat regulated new source review pollutant at such

emissions unit.

D. 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

Subsection C of 20, 11.60.16 NMAC selling out the unit's annual emissions during the year that preceded submission

ofthe report.

E. 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 if the annual emissions. in tons per year. from the project identified

in Subsection A of 20.11.60.16 NMAC, exceed the baseline actual emissions (as documented and maintained

pursuant to Paragraph (3) of Subsection A of 20.11.60.16 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 Paragraph (3) of Subsection A of 20.11.60. 16 NMAC). Such report shall be submitted to the

department within 60 davs after the end ofsuch year. The report shall contain the following:

(I) the name. address and telephone number ofthe major stationary source:

(2) the annual emissions as calculated pursuant to Subsection C of20.11.60.16 NMAC; and

(3) any other infonnation that the owner or operator wishes to include in the revort. (for

example. an explanation as to why the emissions differ from the preconstruction projection),

F, A "reasonable possibility" under 20. 11.60.16 NMAC occurs when the owner or operator

calculates the project to result in either:

(I) a projected actual emissions increase of at least 50 percent ofthe amount that is a "significant

emissions increase," as defined under Subsection NN of 20.11.60.7 NMAC (without reference to the amount that is

a significant net emissions increase), for the regulated new source review pollutant: or

(2) a projected actual emissions increase that. added to the amount of emissions excluded under

Subparagraph (c) ot'Paragraph (2) of Subsection II of 20.11.60. 7 NMAc' sums to at least 50 percent of the amount

that is a "si~nificant emissions increase," as defined under Subsection NN of20.11.60.7 NMAC (without reference

to the amount that is a significant net emissions increasel. for tbe regulated new source review pollutant; for a

project for which a reasonable possibility occurs only within the meaning ofParagraph (2) of Subsection F of

20.11.60.16 NMAC and not also within the meaning of Paragraph (]) of Subsection F of 20.11.60.16 NMAC, then

the provisions in Subsections B through E of 20.11.60.16 NMAC do not apply to the project.

G. Information requests. The owner or operator of the source shall make the information required

to be documented and maintained pursuant to 20.11.60.l6 NMAC available for review upon a request for inspection

by the department or the general public pursuant to the requirement' contained in 40 CFR 70.4(b)(3)(viiil.

20.11.60 NMAC 15
[20.11.60.16 NMAC - Rp, 20.11.60.15 NMAC, 1/23/06; 20.11.60.16 NMAC - N, 8/30110]

20.11.60.17 IEMISSION OFFSET BASELINE, Th. haselia. for aeteFFfliaiag ereait for emissiea effs.ts

shall be the mast slAageR! emissi8HS limitatiBH ~t:ifs\iant ta a '[)Ie'N Manias air Ett:lali~[ regl:llsri8H 8F feaef811)'

.afore.ahl. pemHt whieh is applieahle aaa ifl efreet at the time the a""li6iltiea te eeastruet is liIea. If aeith.r a state

air Etl:lality Fegulati88 BaF a fed8mlly Bafereeaale 138RHit 688laias all emisRisllti limitatisB fer the SetiF6e, the baseliHe

shall be tbe aemal emissisas sfthe 58Ufee ffem whish effset araBi! is eetaiRea. '''liBrB 8 seU:fee is sHbjeet t8 llB

emissisft standen! estaali!:il:lea iB a flew SBwae J3eR'SRH8AS8 stsBaani O'lSPS) 8F a RatisBal emissi8R SlaBBers fer

fl8z8r8eHs air fjallHtafl:ts (l"fESIIA:..Qs) and a differeDt state imfllemeRtatisR 131an 8f fl8mtit limitatieB, iashuhag aey

emissien limilatieB Hses ill aemBBBB=atiag reaSBBaBle fufther pFsgress, the mere stringent emissisB staHsaFd shall ee

usea as the haseliae for aeteFFfliaiag ereait for emissiea effsets.] ADDITIONAL PROVISIONS FOR

EMISSIONS OF NITROGEN OXIDES IN OZONE TRANSPORT REGIONS AND NONATTAINMENT

AREAS: The requirements of 20.11.60 NMAC applicable to major stationary sources and major modifications of

volatile organic compound.,,> shall apply to nitrogen oxides emissions from major stationary sources and major

modification..", of nitrogen oxides in an ozone transport region or in any ozone nonattainment area. except in ozone

nonattainment areas or in portions of an ozone transport region where the administrator has granted a NO. waiver

applying the standards set forth under Section 182(0 of the act and the waiver continues to apply.

[20.11.60.17 NMAC - Rp, 20.11.60.16 NMAC, 1/23106; Repealed 8/30/10; 20.11.60.17 NMAC - N, 8/30/10]

20.11.60.18 (EMISSION OFFSETS, NI e.mssiea effsets .""re,'ea hy tho ae"aFlmeat shall meet the

folie'!, iflg eriteria.

A. All emissiea reauetiens .Iaimea as effset a..ail shall he Hem a.a..ases efthe sBflle "ellutBfll for

,."hish the Sffset iti reEttl:ires.

H, All emissisB re9ustisBS elaimes as sffset sreeit shall saeHr f'Fisr t8 sr eeBeUfieBt with the s'tart ef

sfleratieB efthe prSf'8See SBHree. IB aeeitieB, past reeHstians mtlst have aasHHee later than the date lif'aB whish the

area aeS8:IBe asaattailUHeat iB ereer t8 be sreeitable.

Co fer the sase wAere emissisB re9uetisas elaimee as sffset areeit sasyr at the seyres sHbjest ta

20.1 LBO ~H\1AC. SHeH reEktetisas shall be a aSBeitiaa refluiree by a feaerally eafareeable permit. F'sr the ease

where emissisa reelystiaBs elaimea as sffset aresit sseHr at a aeigReSRBg sswae, sHeR reeHetisas shall be

iaaeF!'eralea as meaiaaatieas te peFliaeat feaerally eaforaaahle ".FFflits hela hy tbe a.ighheriag sellFee. If the

eeighbsriBg SS1:lree luts ns relevaat pefHlits, the re8Hstiens shall ee 8J3prs"ee ItS a re'lisisH ts the state

ifllfllemefllatiea plan h~' the heara.

Do Offset sreEiit fer aay emissisfts reoostisa eBB Be slaimea anly te the emeat that tHe aep8:ftm:eat aF

Vb l?:PA has net reliee ea it in f're\'iSHsly issyiag 8H~' flemtit aF iB eemeasttatiftg attainmeBt SF reaseBaele fur-ther

J3regress.

E. ~Ie emissieBS reauatiea ereait shall h. allewea for replaaiag eae yelatile e<gaai. aefllfleuaa with

aaeilier anesser reaali"'t)', e"a.,,' as a""re'iea hy!he US liPA reaeti.,.i~' guiaaaee feuaa at 42 PR J3:l1 4, (1977)

aBe aa:>' am8Rameftts thereta.

F. limissiea reauatiea areail may he allewaa aeasistefll with tha pre,'isieas fouaa ifl 4g CPR

S1.1 6S(a)(3)(ii)(C).

C. ''''here the mast striageftt emissiefts limit wHieH is apJ:1lieaele allsws greater 8missieas HiaB Hie

J3eteetial t8 emit eftee effsettiag saU:fee, emissieft effset sreeit will 'Be allawee eBly far esetfal belew tHe pstefttial

1e emit sftHe sswse.

H. The emissisft limit feF aetermiftmg emissieB sffset ereeit iftvelYiag 8H eKistieg fuel sembHstien

SSU:fse SHall be the mast stRageRt emissien stanaara whish is af'J:1li8aele fer this SByree fer the t)'f'e sffuel being

bl:u=aea at the time the f'ermit Bf'f'lieatiaft is filea. Ifthe e1cistisg SBurse semm:its te switek te Bsleaner fuel, emissisB

ern,et ereait hasea ea the aillereaae hetweea the allewahl. emissieas efthe fuels ifl'ielYsa shall he aeaeptahle anIy

if an alteFBative esatrel meaSl.ife, '])<bi8h wsulel aekieve the same eegree efemissiaB reB1:lstien shaulei the seuree

s·....itsli ~8ele t8 a fuel whish f'rea1:lses mere pell1:ltisH, is sJ9Mifiea in a pefftlit issues by the elepaFtmeBt

I. The ey/fleT er aJ3erateF desiring te Htilize an emissiaB redti,stien as 8ft affset shall submit t8 the

eepartm8Bt the £elleY'iag iafermatisa:

(I) a aetailea aesarijltiea efthe preaess te he aeatrellea aaa the eeatreltealmeleg~' te he usea; ana

(2) 8missisa salsHlat'i9as shs\,'iag Fhe types BHa ame1::Jflts erastua! emissisns ta Be redHeed; ana

(3) the elleati,'. aate efthe reauetiea.

J. Satiree slmtel8wns ana sHr-tailmeats in pFaEktetisR er speratiBg hSllfll ffiQ)' be lises fer emissisa

elIsetersait ealy if they eaallF after August 7, 1977, er less thaa eae year prier te the aate ef"eFFflita~"lieatiea,

20.11.60 NMAC 16
wllieoe"er if earlier, 'AS the proposes Aew sOllree for woieo loe olIsel is 10 apply is • replaeemeAl for the sOllISO'.',,,,

Sf 6\irt8ilmeat.

K. THe tatal tannage sf iasreasea emissisHS, iR tefts flaT year, restiltiag tram a majer meeifisatisa that

m\ist be effset in 8eseFElanee witH ~e6ti8R 173 eftke feEleFaI Glean Air As! SHall be tleteRfliRea \:1) stlIllffilag ffie

differ8As8 aelY/eeH tke alle"vaele emiDsisas BHer the ffieElifi6£Kisa iHla the aetuBI emissisas aereTe thB maelitieatisR

for e.eo emis"ioAS lIRit] EMISSIONS OFFSET RATIOS.

A. In meeting the emissions offset requirements of20,1 1.60,15 NMAc'the ratio of IotaI actual

emissions reductions to the emissions increase shall be at least 1: I unless an alternative ratio is provided for the

applicable nonattainment area in Subsections B through D of 20, II ,60, I8 NMAC,

B. In meeting the emissions offset requirements of 20, I 1.60, 15 NMAC for ozone nonattainment

areas that are subject to Subpart 2, Part D, Title I ofthe act, the ratio oftotal actual emissions reductions of yaC to

the emissions increase ofyaC shall be as follows:

(1) in any marginal nonattainment area for ozone-at least 1.1 :1;

(2) in any moderate nonattainment area for ozone-at least 1.15: 1;

(3) in any serious nonattainment area for ozone-at least 1.2: 1;

(4) in any severe nonattainment area for ozone-at least 1.3: 1 (except that the ratio may be at least

1.2: 1 if the approved plan also requires all existing major sources in such nonattainment area to use BACT for the

control of yaC); and

(5) in any extreme nonattainment area for ozone-at least 1.5: 1 (except that the ratio may be at least

1.2: 1 if the approved plan also requires all existing major sources in such nonattainment area to use BACT for the

control ofyaC); and

C. Notwithstanding the requirements of Subsection B of20,II ,60, I8 NMAC for meeting the

requirements of20, 11.60.15 NMAC, the ratio of total actual emissions reductions ofYOC to the emissions increase

ofyaC shall be at least 1.15: I for all areas within an ozone transport region th.t is subject to Subpart 2, Part D,

Title I ofthe act. except for serious. severe and extreme ozone nonattainment areas that are subject to Subpart 2.

Part D, Title I ofthe act

D. In meeting the emissions offset requirements of 20.11.60.15 NMAC for ozone nonattainment

areas that are subject to Subpart 1, Part D Title I ofthe act (but are not subject to Subpart 2, Part D. Title I of the

act, including 8-hour ozone nonattainment areas subject to 40 CFR 51 ,902fbll, the ratio oftotal actual emissions

reductions ofyaC to the emissions increase ofyaC shall be at least 1:1,

[20.11,60,18 NMAC - Rp, 20,11.60,17 NMAC, 1/23/06; Repealed 8/30/10; 20,11,60,18 NMAC - N, 8/30/10]

20.11.60.19 PM,,, PRECURSORS. The requirements of 20.11 ,60 NMAC applicable to major stationary

sources and major modifications of PMIO shall also apply to major stationary sources and major modifications of

PMIOprecursors. except where the administrator determines that such sources do not contribute significantly to PMlQ

levels that exceed the PMlllambient standards in the area.

[20,11.60,19 NMAC - Rp, 20,1 1.60,18 NMAC, 1/23106; 20.1 \.60,19 NMAC - N, 8/30/10]

20.11.60.20 INTERPRECURSOR OFFSETTING. In meeting the emissions offset requirements of

20.11.60, IS NMAC and Subsections A-D of20, II ,60, 18 NMAC, the emissions offsets obtained shall be for the

same regulated new source review pollutant unless intemrecursor offsetting is permitted for a particular pollutant as

specified in 20, II,60,20 NMAC, The offset requirements in 20, II ,60, IS NMAC for direct PMLl emissions or

emissions of precursors of PM"'.5 may be satisfied by offsetting reductions of direct PM", 5 emissions or emissions of

any PM:Lj precursor identified under Paragraph (3) of Subsection JJ of 20, 11,60,7 NMAC ifsuch offsets comply

with the intemrecursor trading hierarchy and ratio established in the approved plan for a particular nonattainment

area.

[20, 11.60,20 NMAC - Rp, 20,\ 1.60,19 NMAC, 1/23/06; 20, 11.60,20 NMAC - N, 8/30/10]

120 1I.fiO.I41 20.11.60,21 APPLICATION CONTENTS: The owner or operator of a proposed major stationary

source or major modification shall submit all infonnation necessary to perfonn any analysis or make any

determination required under 20, II ,60 NMAC, The following items are required before the department may deem

an application administratively complete, All applications shall include:

A. all information required by Suhsection A of20,1 1.41. 13 NMAC; and

B. a detailed schedule for construction of the major stationary source or major modification; and

20,11.60 NMAC 17
20.11.60.22

C. a detailed description of the planned system of continuous emission reduction to be implemented,

emission estimates. and other infonnation necessary to demonstrate that the lowest achievable emission rate or any

other applicable emission limitation will be maintained.

[20.11.60.21 NMAC - Rp, 20.11.60.20 NMAC, 1/23/06; 20.11.60.21 NMAC - Rn, 20.11.60.14 NMAC, 8130/10]

ITABbES,

---~.II.·.r.-- SigBifieanl Ambienl COBeenl.alions,

ICanaentralian in miafBgfams per aRei. meier h'~'m t-er

milligrams per e""i. meier (mg'm'H

PolI.lanl • . ...,

AnnRttl U-1lr &-Ilr J-M +-llr

SRIM Qie"iae i'-jtj!,ffH.

PM,..

l>litf'sgeR DisJliae

GamBR ~4BRBniae

It Fugitive emissioRs S9H~ee estegoAes:

(I) eaman elaal, planls (fuma.e praeess);

(2) akaraaal praaRatian planls;

(3) ellemi.al praaess planls;

(1) €leal eleaaing J3lants (with theFffial Eb1'em);

(5) ea]H~ BVeJ) ~attefies;

(~) rassi! mel {irea steam eleetrie j:tllHHs sf msre thaR 250 millisR Bta/M heat ~Ht;

(7) fessil fuel eailer (ar aamllinalian lllereat) lalaling mare lllan .G millian BlRlflr Ileal mp.l;

(8) fuel ean"ersian plant.;

(9) glas. Hear praae.sing plants;

(I G) 1l~,aral1.aria aaia plants;

(II) iran ana sleel mill ploRlS;

(12) leraft pRJp mills;

(13) lime plonls;

(14) RIRfliaiIJoi ineinerotars eapollie af allOfging mare Illon 2.G lans af refuse per aay;

(I.) nima aeia planls;

(lo) petraleRm relineries;

(17) petraleRm slarage ana transfer ""iIB willla lalal slarage aapaail~' e"eeeaing 3GG,GGG Ila..els;

(i8) J3ftSSJ3Bate reek J3rSeessiRg J31aRts;

(19) parllana S8mem plant;

(2G) primary leaa smellers;

(21) primaryeins smellers;

(22) J3f'imsr-y alllmmuftl Bre rsauetisR J3laRts;

(23) primarj sapper smellers;

(24) s.eanaary metal preaRetian plants;

(2.) smlering planlB;

(2a) sulfur reeS'Yl~ry J3laRts;

(27) ')RlfuRs asia plants;

(2g) taesflite SFe J3rseessing fJ1aats,]

120.n.oO.IS] SOURCE REQUIREMENTS FOR SOURCES THAT WOULD LOCATE IN A

DESIGNATED NONATTAINMENT AREA: [In eraer fer a permitta ee grantea, all afllle fella'....ing aanaitians

sllall ee mel.]

A. Conditions for approval. If the department finds that the major stationary source or major

modification would be constructed in an area designated in 40 CFR 81.300 et seq as nonattainment for a pollutant

for which the stationary source or modification is major. approval may be granted only ifthe following conditions

are met:

20.11.60 NMAC 18
[A.I(l) Condition 1. The major stationary source or major modification shall [be desigaed slIeH that

tile] meet an emission limitation which specifies the lowest achievable emission rate (LAER) [will be lBel ana

mainl.ined for e.6H I'elllllant elBitted wHieH if slIbieelle 2Q.II.!iQ NMAG.] for such source.

[&1(2) Condition 2. The [e ..'fief Bf Bl'eFatBF aetne prspel'ee Rew BF meaifiea S8HFBe Ras

delBenstr.led] applicant must certify that all existing major stationary sources owned or operated by [.:lIeH I'er"en]

the applicant (or any entity controlling, controlled by, or under common control with [,;ueH I'ersen] the applicant) in

[this stateJthe same state as the proposed source are in compliance with, [8f en a ,lslleatlle fer e8mpliafls8 ·....ita], all

applicable emission limitations and standards. under the federal Clean Air Act [, ana.1l aenailiens in • federally

Bftfefsea191e PBfHlit] (or are in compliance with an expeditious schedule which is federally enforceable or contained

in a court decree).

IC. Emi"i.R Redueli.R"

(1) emission reSuetisfts (effsets) at eKisting S8\:lreeS snail sesW" tJriSF ta af eOfleHffBflt wilh the staR: 8f

8pBmtisfI: efthe tJfB}:l80ea majeF statieRar/ sauree af majer fflesitieatisH far easH pollutaNt emitted WHish is subjcst

la 2Q.ll.!iQ ]>IMAC. "",. gener.1 FIIle, se.H affsels sH.1I be a! le.sl 2Q I'er.enl grealer lH.n IHe .lIawable emissians

aEtae ~fS~asee flew majsf stalieaarr seUfEle af majar mesiReatieR, ami shall asSl:lFe that the tetal telU1age of

ifl:sreatH:'ls emissiens ofthe air pe}hlt8ftt from the Hew af moaifies Se\:lFSe shall be effset by an eE):Hal af bJFeatef

reooetieH in the aSUla} emissiafls of sHeh air pell\:ltaHt fram the same aF ether Sa\:lFeeS iH the area. Au effset less tfiae

2Q I'er.enl, bUI alleasl IQI'ereent•• I.Q: l.l r.lia lBaj' be .lIa·....ed if re""snable ~ragress laward IHe _ir.menl aflHe

"l'l'li••ble ~IAAQS will be .ellieved. A HigHer le\'el af all'sel redualian m.j' be re~uired in arder la demalllltr.leIHa!

a Het air E):\:lality beneHt will aeS\:lr; aF

[(2) A He'};' majar smtiaB8P/ SB\:lfSe af majaf madifieatisH whisk is nNBjeet ts the reEtHifemeHls af

Sullse.lian D aflG.II.!iQ.12 NlI4AC SH.1I Bbtllin semaienl elllissiBR redu.liallB la••1• lIIinimelll. aalllJlellllale fer iIB

aElvefSe amsieat impaet where the major statiaaa:ry SB\ifSe aF majar meeifieaHsfl y/slilel staef\vise 6&\lSe Sf

aBHtrillllle ta a '"alalian afan:)' Batianal amllienl air ~uali~' standard.]

0) Condition 3. Emission reductions (offsets) from existing sources in the area of the proposed

source (whether or not under the same ownership) are required such that there will be reasonable progress toward

attainment ofthe applicable NMOS. Except as provided in 20,11.60,20 NMAC '.ddressing PM:u and its

precursors).Only intrapollutant emission offsets will be acceptable (e.g.. hydrocarbon increases may not be offset

against SO" reductionsl.

[»')(4) Condition 4. The emission offsets shall provide a positive net air quality benefit in the

.ffected area (where the n.tion.1 ambient air quality standard for that pollutant is violated). [;-an<\] Atmospheric

simulation modeling is not necessary for volatile organic compounds and NOx. Fulfillment of "condition 3" at

Paragraph (3) of Subsection A of 20, 11.60,22 NMAC .nd "location of offsetting emissions" requirements at

Subsection B of 20.11.60.22 NMAC, will be considered adequate to meet this condition.

B. Location of offsetting emissions. The owner or operator of a new or modified major stationary

source may comply with any offset requirement in effect under 20.11.60 NMAC for increased emissions of any air

pollutant only by obtaining emissions reductions ofsuch air pollutant from the same source or other sources in the

same nonattainment area, except that the deoartment may allow the owner or operator of a source to obtain such

emissions reductions in another nonattainment area ifthe conditions in Paragraph (1) and (2) of Subsection B of

20.11.60.22 NMAC are met.

(I) The other area has an equal or higher nonattainrnent classification than the area in which the

source is located.

(2) Emissions from such other area contribute to a violation of the national ambient air quality

standard in the nonattainrnent area in which the source is located.

[E.)C. The owner or operator of the proposed major stationary source or major modification [Has

eaSaliSteEl] shall conduct an analysis of alternative sites, sizes, production processes. and environmental control

techniques for such proposed source which demonstrates that benefits of the proposed source significantly outweigh

the environmental and social costs imposed as a result of its location, construction, or modification.

[J:.IO, The proposed major stationary source or m.jor modification [will] sh.1I meet all.pplicable

emission requirements in the New Mexico state implementation plan, any applicable new source perfonnance

standard in 40 CFR Part 60. and any national emission st.ndard for hazardous air pollutants in 40 CFR Part 61 or 40

CFRPart 63.

E. Emission reductions:

( I) Emission reductions (offsets) at existing sources shall occur prior to or concurrent with the start of

operation of the proposed major stationary source or major modification for each pollutant emitted which is subject

to 20.11.60 NMAC. As a general rule, such offsets shall be .t least 20 percent gre.ter than the allowable emissions

20,11.60 NMAC 19
of the proposed new major stationary source or major modification and shall assure that the total tonnage of

increao;ed emissions of the air pollutant from the new or modified source shall be offset by an equal or greater

reduction in the actual emissions of such air pollutant from the same or other sources in the area. An offset less than

20 percent. but at least 10 percent (a 1.0: 1.1 ratiol, may be allowed if reasonable progress toward the attainment of

the applicable NAAOS will be achieved. A higher level of offset reduction may be required in order to demonstrate

that a net air quality benefit will occur.

(2) A new major stationary source or major modification which is subject to the requirements of

Subsection D of20.11.60.12 NMAC shall obtain sufficient emission reductions to. at a minimum. comoensate for its

adverse ambient impact where the major stationary source or major modification would otherwise cause or

contribute to a violation of any national ambient air quality standard.

[20.11.60.22 NMAC - Rp, 20.11.60.21 & 20.11.60.22 NMAC, 1/23/06; Repealed, 8/30/10; 20.11.60.22 NMAC - Ro

& A, 20.11.60.15 NMAC, 8/30/10]

[29,11.89,16120.11.60.23 ADDITIONAL REQUIREMENTS FOR SOURCES IMPACTING MANDATORY

FEDERAL CLASS I AREAS:

A, The requirements of 20.11.60.[+<;]23 NMAC apply only to proposed major stationary sources or

major modifications that meet the criteria of Paragraph (I) of Subsection A of 20.11.60.12 NMAC and that also are

major stationary sources or major modifications as defined in 20.1 1,61 NMAC. A major stationary source or major

modification which meets the criteria of Paragraph (2) of Subsection A of20.11.60.12 NMAC may be subject to

requirements for federal class I areas in 20.11.61 NMAC, if applicable.

B, The department shall transmit to the administrator and any affected federal land manager a copy of

each pennit application and any infonnation relevant to any proposed major stationary source or major modification

which may have an impact on visibility in any mandatory federal class I area. Relevant information will include an

analysis ofthe proposed source's anticipated impacts on visibility in the federal class I area. The application shall be

transmitted within 30 days of receipt by the department and at least 60 days prior to any public hearing on the

application. Additionally, the department shall notify any affected federal land manager within 30 days from the

date the department receives a request for a pre-application meeting from a proposed source subject to 20.11.60

NMAC. The department shall consult with the affected federal land manager prior to making a determination of

completeness for any such permit application. The department shall also provide the federal land manager and the

administrator with a copy ofthe preliminary determination on the pennit application and shall make available to

them any materials used in making that detennination.

C. The owner or operator ofany proposed major stationary source or major modification which may

have an impact on visibility in a mandatory federal class I area shall include in the pennit application an analysis of

the anticipated impacts on visibility in such areas.

D. The department may require monitoring of visibility in any mandatory federal class I area where

the department determines an adverse impact on visibility may occur due 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 conditions:

(I) visibility monitoring methods specified by the department shall be reasonably available and not

require any research and development; and

(2) both preconstruction and post construction visibility monitoring may be required. In each case,

the duration ofsuch monitoring shall not exceed one year.

E. The department shall consider any analysis with respect to visibility impacts provided by the

federal land manager if it is received within 30 days from the date a complete application is given to the federal land

manager. In any case where the department disagrees with the federal land manager's analysis, the department shall

either explain ilc;; decision to the federal land manager or give notice as to where the explanation can be obtained. In

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

its decision or give notice to the public by means of an advertisement in a newspaper of general circulation in the

area in which the proposed source would be constructed as to where the decision can be obtained.

F, In making its determination as to whether or not to issue a pennit, the department shall ensure that

the source's emissions will be consistent with making reasonable progress toward the national visibility goal of

preventing any future impairment of visibility in mandatory federal class I areas. The department may take into

account the costs of compliance, the time necessary for compliance, the energy and non-air quality environmental

impacts of compliance, and the useful life ofthe source.

[20.11.60.23 NMAC - N, 1/23/06; 20.11.60.23 NMAC - Ro & A, 20.11.60.16 NMAC, 8/30/1 0]

20.11.60 NMAC 20
120.1UO.19120.11.60.24 BANKING OF EMISSION REDUCTION:

A. Any stationary source which decreases actual emissions of a regulated new source review

pollutant in excess of the requirements of20.11.60 NMAC or any other applicable air quality regulation or permit

emission limitatlon may preserve or bank such excess emission reduction~ for sale or future use.

B. The owner or operator desiring to preserve such reductions shall submit a written request prior to

the actual emission reduction to the department which contains the following information:

(1) a detailed description ofthe process(es) to be controlled and the control technology to be used:

and

(2) emission calculations showing the types and amounts of actual emissions to be reduced; and

(3) the effective date(s) ofsuch reductions.

C. The department shall:

(I) verify the amount of emission reduction claimed in the written request; and

(2) approve or deny the request for banking ofthe emission reduction and notify the applicant in

writing ofthe decision; and

(3) keep appropriate records of any emission reduction accepted for banking; and

(4) for the case where emission reductions are approved in excess of those required for obtaining a

permit under 20.11.60 NMAC, the department shall make such reductions a condition ofthe permit; and

(5) for the case where emission reductions are approved not in conjunction with granting a permit, the

department shall preserve such reductions as a state implementation plan revision which must be approved by the

board.

D. Use and sale of emission reductions.

(I) The use of any preserved emission reduction is confined to meeting the emission offset

requiremenl' of20.11.60 NMAC or 20.1 1.41 NMAC.

(2) The provisions of20.1 1.60 NMAC apply to the future use of any preserved emission reduction as

ifsuch reductions were obtained concurrently with the commencement of operations ofthe new or modified source.

(3) Before the use or sale of any preserved emission reduction occurs, written notification must be

given to the department. Such notice shall be in writing and shall identify the permit(s) and state implementation

plan revision(s) in which such reductions are preserved. The department must verify the availability ofthe

preserved reduction before any use Or sale occurs.

(4) The use of preserved emission reduction credits is subject to the criteria of [2Q.l UiQ. Jg ~IMAC,

Emission Offi;.ls] 20.11.60 NMAC.

[20.11.60.24 NMAC - Rn & A, 20.11.60.19 NMAC, 8130/1 0]

120.11.fiO.20) 20.11.60.25 AIR QUALITY BENEFIT: All demonstrations of the occurrence of a net air quality

benefit shall meet the following criteria.

A. Emission offsets for volatile organic compounds or nitrogen oxides emissions impacting an ozone

nonattainment area may be obtained from sources located in the broad vicinity of the proposed new source or

modification, subject to approval by the department. Atmospheric dispersion modeling will not be required to

demonstrate the net air quality benefit that occurs due to reductions in volatile organic compound emissions.

B. An applicant which proposes emission offsets for sulfur dioxide, particulate matter, carbon

monoxide, nitrogen oxides, or any other pollutant may be required by the department to submit atmospheric

dispersion modeling to demonstrate a net air quality benefit will occur. For any case involving these pollutants

where stack emissions and fugitive or ground level emissions are offsetting. atmospheric dispersion modeling shall

be required to demonstrate a net air quality benefit will occur.

[20.11.60.25 NMAC - Rn, 20.1 1.60.20 NMAC, 8/30/10]

120.1UO.21] 20.11.60.26 PUBLIC PARTICIPATION AND NOTIFICATION:

A. The department shall, within 30 days after its receipt of an application for a permit or significant

permit revision subject to 20.11.60 NMAC, review such application and determine whether it is administratively

complete. 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 of the additional information or clarification, the department shall promptly review such information

and determine whether the application is administratively complete;

20.11.60 NMAC 21
(3) administratively complete but no permit is required, a letter shall be sent by certified mail to the

applicant infortning the applicant of the detertnination.

B. The department shall:

(1) Make a preliminary detennination whether construction should be approved, approved with

conditions, or disapproved.

(2) Make available at the department, district and local office nearest to the proposed source a copy

of all materials the applicant submitted, a copy of the preliminary detertnination, and a copy or summary of other

materials, if any. consldered in making the preliminary detennination.

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

proposed major stationary source or major modification would be constructed, of the application, the preliminary

detertnination, and of the opportunity for comment at a public hearing as well as written public comment. The

public comment period shall be for 45 days from the date of such advertisement.

(4) Send a copy ofthe notice of public comment to the applicant. the administrator. and to 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 regional comprehensive land use planning agency, and any state, federal land manager, or indian

governing body whose lands may be affected by emissions from the source or modification.

(5) Provide opportunity for a public hearing for interested persons to appear and submit written Or

oral comments on the air quality impact of the source and other appropriate considerations. Public hearings shall be

held in the geographic area likely to be impacted by the source.

(6) Consider all written comments submitted within a time specified in the notice of public comment

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

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

the department made available preconstruction infonnation relating to the source.

(7) Within 90 days after the application is deemed administratively complete. unless the director

grants an extension, not to exceed 90 days for good cause:

(a) make a final determination whether construction should be approved, approved with

conditions, or disapproved, or whether no permit is required; and

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

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

information and public conunenlo;; relating to the source.

[20.11.60.26 NMAC - Rn, 20.11.60.21 NMAC, 8/30/10]

[19.1U9.l~120.I1.60.27 ACTUALS PLANTWIDE APPLICABILITY LIMITS (PALS)

A. Applicability.

(I) The department may approve the use of an actuals PAL for any existing major stationary source

(except as provided in Paragraph (2) of Subsection A of [29.11.69.23 ~IMAC] 20.11.60.27 NMAC) if the PAL

meets the requirement.. of [29.1 U9.23 NMAC] 20.11.60.27 NMAC. The tertn "PAL" shall mean "actuals PAL"

throughout [29.11./iQ.23 ~IMAC] 20.11.60.27 NMAC.

(2) An actuals [PALs shsll ReI ke sHewea] PAL for VOC or NOx shall not be allowed for any major

stationary source located in an extreme ozone nonanainment area.

(3) 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 [29.11.69.23 ~IMAG]

20.11.60.27 NMAC, and complies with the PAL pertnit:

(a) is not a major modification for the PAL pollutant;

(b) does not have to be approved through the requirements of20.ll.60 NMAC; and

(c) is not subject to the provisions in [29.11.69.1] ~IM,'.c] Subsection A of 20.11.60.13

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

applicability of the nonattainment major new source review program).

(4) Except as provided under Subparagraph (c) of Paragraph (3) of Subsection A of [29.11.69.2'l

NMAG] 20.11.60.27 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. When a tertn is not defined in Subsection B of [29.11.69.23 ~IMAC] 20.11.60.27

NMAC, it shall have the meaning given in 20.11.60.7 NMAC or in 20.11.1 NMAC.

20.11.60 NMAC 22
( I) 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 D of 20.11.60.7

NMAC. except as tbis definition Ls modified according to [Ille fellewiag] Subparagraph (a) and (b) of Paragraph (2)

of Subsection B of 20.11.60.27 NMAC.

(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 unit1s potential to emit.

(b) An emissions unit1s potential to emit shall be determined using the defmition in Subsection

EE of 20.11.60.7 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 MM of

20.11.60.7 NMAC or in tbe federal Clean Air Act, whicbever is lower.

(4) Major emissions unit means:

(a) Any emissions unit that emits or has the potential to emit lOO 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 defmed by the federal Clean Air

Act for nonattainment areas; for example, in accordance with the definition of major stationary source in Section

182 (c) ofthe federal Clean Air 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 per

year, for a pollutant at a major stationary source that is enforceable as a practical matter and established source-wide

in accordance with [2Q.II.BQ.23 J>IMAC] 20.11.60.27 NMAC.

(6) PAL effective date generally means the date of issuance ofthe PAL permit. However, the PAL

effective date for an increased PAL is the date any emissions unit which 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 20.11.60.7 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 minor NSR permit, major NSR permit or operating permit issued by the

department underthe requirements of 20.11.41 NMAC, 20.11.60 NMAC, [aad] or 20.11.61 NMAC, or the [state]

title V permit issued by the department under the requirements of 20.11.42 [issued 9)' the d"l'aflmeRt] that

establishes a PAL for a major stationary source.

(10) PAL pollutant means the pollutant for wbich 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 defmed in Subsection MM of

20.11.60.7 NMAC or in the federal Clean Air Act, wbichever 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

[2Q.1I.BQ.23 NMAC] 20.11.60.27 NMAC.

C. Permit application requirements. As part of a pennit 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 ofthe source shall indicate which. ifany. federal or state

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

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

emissions are to include emissions associated not only with operation 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 Paragraph (1) of Subsection M of[2Q.l1.6Q.23 NMAC] 20.11.60.27 NMAC.

D. General requirements for establishing PALs.

20.11.60 NMAC 23
(I) A PAL at a major stationary source may be [aIl8\"os] established by the department, 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 malter, 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 II 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 0[[10.1l.60.21 NMAC] 20.11.60.27 NMAC.

(c) The PAL permit shall contain all the requirements ofSubsection G of [10.11.60.11 ~!MAC]

20.11.60.27 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 ofthe major stationary source with a PAL shall comply with the

monitoring, recordkeeping, and reporting requirements provided in Subsection L through N of [20.11.60.21 ~!MAC]

20.11.60.27 NMAC for each emissions unit under the PAL through the PAL effective period.

(2) At no time (during or after the PAL effective period) are emissions reductions ofa PAL pollutant,

which occur during the PAL effective period, creditable as decreases for purposes of offsets under [10.11.60.18

NMAC] Subsection B of20.11.60.15 NMAC 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 of the proposed approval of a PAL

permit and at least a 30-day period for submittal of public comment. The department shall address all material

comments before taking final action on the permit.

F. Setting the to-year actuals PAL level.

(l) Except as provided in Paragraph (2) of Subsection F 0[[20.1l.60.21 NHAC] 20.11.60.27

NMAC. the actuals PAL level for a major stationary source shall be established as the sum ofthe baseline actual

emissions (as defined in 20.11.60.7 NMAC) ofthe PAL pollutant for each emissions unit at the source; plus an

amount equal to the applicable significant level for the PAL pollutant under Subsection UU 0[[20.11.60.21 ~IM"£]

20.11.60.27 NMAC or under the federal Clean Air 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 daters) of any applicable federal or state regulatory

requirement(s) that the department is aware of prior to issuance ofthe 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

NO, to a new rule limit of30 ppm, then the permit shall contain a future effective PAL level that is equal to the

current PAL level reduced by half ofthe original baseline emissions ofsuch unites).

(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 (l) of Subsection F of [10.1 UO.l1 ~IMAC] 20.11.60.27 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, all ofthe 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 ofthe 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 [20.11.60.11 NMAC] 20.11.60.27 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.

20.11.60 NMAC 24
(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 [lQ.ll.llQ.23 NMAC] 20.11.60.27 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 eacb

month as required by Paragrapb (I) of Subsection M of [lG.l UG.l3 NMAC] 20.11.60.27 NMAC.

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

accordance with tbe provisions under Subsection L of [2G.Il .•G.23 ~IMAC] 20.11.60.27 NMAC.

(8) A requirement to retain the records required under Subsection M of [2G.II.6G.23 NMAC]

20.11.60.27 NMAC on site. Such records may be retained in an electronic formal.

(9) A requirement to submit the reports required under Subsection N of[2G.l1.6G.23 NMAC]

20.11.60.27 NMAC by the required deadlines.

(10) Any otber requirements that the department deems necessary to implement and enforce tbe PAL.

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

(I) PAL effective period. Tbe permit shall specify a PAL effective period of 10 years.

(2) Reopening of the PAL permit.

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

___...,-__,----,--_-:("'i)'-:-correct typograpbical/calculation errors made in setting tbe PAL or reflect a more

accurate determination of emissions used to establish the PAL;

_--,-,...,-.,--_.,--.,--_--;-'I"'it,,')_,reduce the PAL ifthe owner or operator ofthe maj or stationary source creates

creditable emissions reductions for use as offsets under [2G.I1.6G.18 ~IMAC] 20.11.60.15 NMAC; or

~~+.{;(hB:M~:Gi12i111il1·i)~~revisethe PALLo reflect an increase in tbe PAL as provided under Subsection K of

[2G.ll.6G.23 ~IHAC] 20.11.60.27 NMAC.

(b) The department may reopen tbe PAL permit to:

-,-,--_--;.,.-_-,--_--!I1.ji)'-:-reduce the PAL to reflect newly applicable federal requirements (for example. NSPS)

witb compliance dates after the PAL effective date;

__,---.,-- --,-,.,--..J(,o;,,,')....,..t,o reduce the PAL consistent with any otber requirement, that is enforceable as a

practical matter, and that tbe department may impose on the major stationary source under [this PBFlJ 20.11.60

NMAC;or

_---, -,----,-,_..J1....itu·ilI..:-_t,o reduce the PAL iftbe 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

value tbat bas 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 tbe permit reopening in Subparagraph (a) ofParagrapb (2) of Subsection H of

[2G.l1.6G.2' NMAC] 20.11.60.27 NMAC for the correction oftypographical/calculation errors that do not increase

tbe PAL level, all other reopenings sball be carried out in accordance with the public participation requirements of

Subsection E of[2G.1 UG.23 NMAC] 20.11.60.27 NMAC.

1. Expiration of a PAL. Any PAL wbich is not renewed in accordance witb tbe procedures in

Subsection J of[2G.11.6G.2' ~IMAC] 20.11.60.27 NMAC shall expire at the end ofthe PAL effective period, and

tbe following requirements sball apply.

(I) Eacb entissions unit (or eacb group of emissions units) that existed under the PAL shall comply

with an allowable emission limitation under a revised permit established according to the following procedures.

(a) Witbin tbe time frame specified for PAL renewals in Paragraph (2) of Subsection J of

[lG.I1.liG.2' ~IMAC] 00.11.60.27 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 tbe PAL allowable emissions for tbe major stationary source among eacb

of the emissions units tbat existed under the PAL. Ifthe PAL bad not yet been adjusted for an applicable

requirement tbat became effective during tbe PAL effective period, as required under Paragraph (5) of Subsection J

of [2G.II.6G.23 NMAC] 20.11.60.27 NMAC, sucb distribution sball be made as ifthe PAL bad been adjusted.

(b) Tbe department shall decide whether and bow tbe PAL allowable emissions will be

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

emissions units, as the department determines is appropriate.

(2) Eacb emissions unit(s) sball comply with tbe allowable emission limitation on a l2-montb rolling

basis. Tbe department may approve tbe use of monitoring systems (source testing. emission factors, etc.) other than

CEMS, CERMS. PEMS or CPMS to demonstrate compliance with the allowable emission limitation.

20.11.60 NMAC 25
(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 (a) of Paragraph (I) of Subsection I of

[29.11.69.2. NMAC] 20.11.60.27 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 of operation at the major stationary source will be

subject to the nonattainment major new source review requirement. ifsuch change meets the definition of major

modification in 20.11.60.7 NMAC.

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

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

period or prior to the PAL effective period except for those emission limitations that had been established pursuant

to 20.11.60.12 NMAC, but were eliminated by the PAL in accordance with the provisions in Subparagraph (c) of

Paragraph (3) of Subsection A of [29.11.69.23 NMAC] 20.11.60.27 NMAC.

J. Renewal of a PAL.

(1) The department shall follow the procedures specified in Subsection E of [29.11.69.23 NMACl

20.11.60.27 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.

(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 pennit 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 pennit 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 Paragraphs (I) through (3) of Subsection C of [29.11.69.23

NMAG] 20.11.60.27 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 Subparagraph (a) of Paragraph (4) of Subsection J of [29.11.69.23 NMAC]

20.11.60.27 NMAC. However. in no case may any such adjustment fail to comply with Subparagraph (b) of

Paragraph (4) of Subsection J of [29.11.69.23 ~!MAC] 20.11.60.27 NMAC.

""--c:--.,.:-::--=-.,--:-,,,la.,l_Ifthe emissions level calculated in accordance with Subsection F of [29.11.69.23 ~!MAC]

20.11.60.27 NMAC is equal to or greater than 80 percent of the PAL level, the department may[,

(aj ]renew the PAL at the same level without considering the factors set forth in Subparagraph

(b) of Paragraph (4) of Subsection J of [29.11.69.23 ~IMAC] 20.11.60.27 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 detennines to be appropriate considering air quality needs, advances

in control teclmology, 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 Paragraph (4) of Subsection J 0[[29.11.69.23 NMAC] 20.11.60.27

NMAC,

-,-- ----;--:-:-:-:-_-;("'i),,::-O-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 ofthe source; and

_________...ll"'ii"'l_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 [29.11.69.23 NMAC]

20.11.60.27 NMAC. Increasing a PAL during the PAL effective period.

(5) Ifthe compliance date for a New Mexico 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.

20.11.60 NMAC 26
(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 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

unites) contributing to the increase in emissions so as to cause the major stationary source's emission..", 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 ofthe 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 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 ofBACT or LAER with which

that emissions unit must currently comply.

(c) The owner or operator shall obtain a major new source review pennit for all emissions

unit(s) identified in Subparagraph (a) of Paragraph (I) of Subsection K of[2G.l UG.23 ~IMAC] 20.11.60.27

NMAC, regardless ofthe magnitude ofthe emissions increase resulting from them (that is, no significant levels

apply). These emissions unites) shall comply with any emissions requirements resulting from the nonattainment

major NSR program process (for example, LAER), 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 department shall calculate the new PAL as the sum ofthe allowable emissions for each

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

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

Paragraph (I) of Subsection K of[2G.l UG.23 NMAC] 20.11.60.27 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 [2G.lI.6G.2J ~IMAC] 20.11.60.27 NMAC.

L. Monitoring requirements for PALs.

(I) General Requirements.

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

accurately determines plantwide emissions ofthe 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 ajudicial proceeding to enforce the PAL pennit.

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

approaches meeting the minimum requirements set forth in Subparagraphs (a) through (d) of Paragraph (2) of

Subsection L of [2G.ll.6G.23 ~IMAC] 20.11.60.27 NMAC and must be approved by the department.

(c) Notwithstanding Subparagraph (b) of Paragraph (I) of Subsection L of [2G.ll.6G.23

NMAb] 20.11.60.27 NMAC, the owner or operator may also employ an alternative monitoring approach that meets

Subparagraph (a) of Paragraph (I) of Subsection L of[2G.! UG.23 ~IMAC120.11.60.27NMAC if approved by the

department.

(d) Failure to use a monitoring system that meets the requirements of[2G.ll.6G.22 PIMAC]

20.11.60.27 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 [2G.l UG.22 ~IM,',C] 20.11.60.27 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:

20.11.60 NMAC 27
(a) provide a demonstrated means of validating the published content ofthe PAL pollutant that

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

(b) as~ume that the emissions unit emiL' 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 prucess;

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 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:

(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 detennine a site-specific

emission factor within six months of PAL pennit 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 [2Q.II.6Q.23

NMAG] 20.11.60.27 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 valuers) for determining compliance with the PAL based on the highest

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

(b) determine that operation ofthe emissions unit dwing 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 of [2Q.11.6Q.23 ~IMAC] 20.11.60.27 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 ofthe PAL permit application and any applications for revisions to the PAL; and

20.11.60 NMAC 28
(b) each annual certification of compliance pursuant to title V 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 depanment in accordance with the requirements of 20.11.42

NMAC. The reports shall meet the following requirements.

(I) Semi-Annual Report. The semi-annual report shall be submitted to the department within 30

days of the end of each reportmg 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 [2G.ll.liG.2'l ~IMAC] 20.11.60.27 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 unil' 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 a.fi\sociated 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 of the pollutant or the number

determined by method included in the permit, as provided by Paragraph (7) of Subsection L of [2G.l I.liG.n ~IMAC]

20.11.60.27 NMAC.

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

the 1I1lth, 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

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:

(aJ 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 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.

(l) The department shall not issue a PAL that does not comply with the requiremenl' of [2Q.ll.6Q.23

NMAG] 20.11.60.27 NMAC after the administrator has approved [tItese] regulations incorporating these

reguirement."i into the SIP.

(2) The department may supersede any PAL which was established prior to the date of approval of

20.11.60 NMAC by the administrator with a PAL that complies with the requirements of [tais soetiefl] 20.11.60.27

NMAC.

[20.11.60.27 NMAC - Rn & A, 20.11.60.23 NMAC, 8/30110]

20.11.60 NMAC 29