# 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, . - r' 

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# 10AUG25 Pi'! 3:31J

Bill Richardson Governor 

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# '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 attainmentAreas, 

### 20.11.61 NMAC,

### Prevention of SignificantDeterioration and

### Infrastructure SIP forPM2.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 of SignificantDeterioration 

## andInfrastructure SIPforPM2.) 

## & 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 SIPfor PM 2.) 

### & 

## 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 ofSignificant Deterioration, 

## last approved by EPA on April 26, 2007, and which became effective on May 29, 2007 [FRVol. 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 SIPforPM2.j & 

## Ozone

5) Other supporting documentation

Your favorable consideration ofthis request is appreciated. Ifyou have 

## anyquestions, please
contactMary Lou Leonard, Directorofthe Albuquerque Environmental Health Department (EHD), at (505) 768-2631.

Sincerely,

Bill Richardson GovernorofNewMexico



## BR/fl

cc: Mr. Ron 

## Curry, Secretary, New Mexico EnvironmentDepartment Ms. Mary UbI, Chief, Air QualityBureau, NM EnvironmentDepartment Ms. Mary Lou Leonard, Director, Albuquerque Environmental Health Department Ms. MargaretNieto, Control Strategies Supervisor, Albuquerque Air QualityDivision

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Name Neal Butt 

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### 1(505)768- IFAX 2660 1505-768-2617

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TlUe Environmental Protection e-: ,**'~;"-"';-}' .1'L_~·**  Title :Cha 20 ,11



### Amended 16 sections and added 4 new sections 20.11.60 NMACsections 1, 2, 

### 6,7, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26,27

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# vesD**~='::::'~~,=:3~~~~t't~~~~r~r>,,,, ~]**  New Mexico Air Quality Control Act, NMSA 1978 section 74-2-4, 74-2-S.C, the Joint AirQuality Control Board Ordinance, Bernalillo County Ordinance 94-5 section 4; and the JointAir Quality Control Board Ordinance Revised Ordinances of Albul'luerl'lue 1994 section 9-5-1-4.

Check If delegated authority 

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## ';/0(7'1 l!t te Sbaed 

## U Name: Dr, Margaret Menache

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## FILED WlrH 

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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] ofexisting major stationary sources located 

### [m] within anonattainrnent [areas] area. B. Exempt: 20.11.60 NMAC does not apply to sources within Bernalillo county. which are located

on indian lands overwhich the Albuquerque-Bernalillo county airquality control board lacksjurisdiction. [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 implementa pre-constructionpermit program for new or modified major stationary sources that [wish] plan to 

### locate in an area where federal ambientair 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 ofemissions ofa regulated new source review pollutant 

### from an emissions unit, as determined in accordance with [lh. fellewing] Paragraphs (1}-(3) ofSubsection A of 20.11.60.7 NMAC, except thatthis defmition shall not apply for calculating whethera significantemissions 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 ofa particulardate shall equal the average rate, in tons peryear. at which the unit actually emitted the pollutant during a consecutive 24-month period which precedes the particular date and which is representative ofnormal source operation. The department shall allow the use ofa different time 

### period uponadetennination that 

### it is more representative ofnormal source operation. Actual emissions shall be calculated using the unit's actual operating hours. production rates, and types ofmaterials processed, stored. or combusted during the selected time period. (2) The departtnent may presume that source-specific allowable emissions for the unit are equivalent 

### to the actual emissions ofthe 

### unit. (3) For any emissions unit thathas not begun normal operations on the particular date, actual emissions shall equal the potential to emitofthe unit on that date. 

### B.**~~Administrator"** 

### means the administrator ofthe 

### United States environmental protectionagency (USEPA) oran authorized representative. 

### C. uAdverse impact 

### on visibility" 

### means visibility impainnent which interferes with the management, protection, preservation, orenjoyment ofthe visitor's visual experience ofthe mandatory federal class Iarea. This determination mustbe made on acase-by-case basis taking 

### into accountthe geographic extent, intensity, duration, frequency, and time ofthe visibility impairments and how these factors correlate with: (l) 

### times ofvisitoruse ofthe mandatory federal class Iarea; and (2) the frequency and timing ofnatural conditions that reduce visibility. This termdoes not include effects on integral vistas as defined in40 CFR 51.301 

### Definitions. D.**~'Allowable** 

### emissions" means the emissions rate ofastationarysource calculated using the maximum rated capacity ofthe source, (unless the source is subjectto federally enforceable limits which restrict the operating rate, orhours ofoperation, or both,) and the most stringent ofthe following: (l) 

### the applicable standard set forth in40 CFRPart 60 or 61; (2) any applicable state implementationplan emissions limitationincluding 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 NMACE. MBaseline actual emissions" means the rate ofemissions, in tons per year, ofa regulated new



### source review pollutant, as detennined in accordance with 

### [Ill. 

### fellewing] Paragraphs (1)-(4) ofSubsection 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 pollutantduring any consecutive 24-month period selectedby the owner or operator within the five yearperiod immediately preceding when the owner or operator begins actual construction ofthe project. The department shall allow the use ofa different time period upon adetennination that 

### it is more representative ofnormal source operation. 

### (a) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. (b) The average rate shall be adjusted downward to exclude any 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 ifrequired 

### by Subparagraph (b) ofParagraph (1) 

### ofSubsection 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 selectedby the owner or operatorwithin the 10 yearperiod immediately preceding either the date the owner or operatorbegins 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 orunder 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, ifan emission limitation is part ofa maximum achievable control technology standard that the administrator proposed orpromulgated under 40 CFRPart 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) 

### ofSubsection B of20.11.60.15 NMAC. (d) For aregulated new source review pollutant, when aproject 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 ifrequired 

### by Subparagraphs (b) and (c) ofParagraph (2) ofSubsection E of20.11.60.7 NMAC. (3) For anew emissions unit, the baseline actual emissions for purposes ofdetermining the emissions 

### increase thatwill 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 aplantwide 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) 

### ofSubsection E of20.11.60.7 NMAC, for other existing emissions units in accordance with the procedures contained inParagraph (2) ofSubsectionE of20.11.60.7 NMAC, and for anew emissions unit in accordance with the procedures contained inParagraph (3) ofSubsection E of20.11.60.7 NMAC. F.**~~Begin** actual construction" means in general, initiation 

### ofphysical on-site construction activities on an emissions unit which are ofapermanent nature. Such activities include, but are not limited to,



### 20.11.60 NMAC 2installation ofbuilding 

### ['*'I'I"'fll supports and foundations, laying ofunderground pipework, and construction of permanent storage structures. 

### With respect to a change in method ofoperating this term refers to those on-site activities other than preparatory activities which mark the initiation ofthe change. G. "Best available control technology (BACT)" means an emissions limitation (including a visible emissions standard) based on the maximum degree ofreduction for each regulated new source review pollutant which would be emitted from any proposed major stationary source or major modification which the 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 ofproduction processes or available methods, systems, and techniques. including fuel cleaning. clean fuels, or treatment or innovative fuel combustion techniques for control ofsuch pollutant. [n no event shall application ofbest available control technology result in emissions of any pollutant which would exceed the emissions allowed by any applicable standard under 40 CFR Part 60 or 61. If the department determines that technological or economic limitations on the application ofmeasurement methodology to a particular emissions unit would make the imposition ofan emissions standard infeasible, a design. equipment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the application ofBACT. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation ofsuch design. equipment, work practice or operation, and shall provide for compliance by means which achieve equivalent results. 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 ofany 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

### standardindustrialclassification 

### manual, 1972, as amended by the 1977 supplement (U. S. government printing office stocknumbers 

### [41 III llllM] 4101-0065 and 003-005-00176-0, respec·tively). I.**~CommeDce'"** as applied to construction ofa major stationary source or major modification means that the owner or operatorhas all necessary preconstruction approvals or permits and either has: (I) begun, or caused to begin, a continuous program ofactual on-site construction ofthe source, to be completed within a reasonable time; or (2) entered into binding agreements or contracrual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undenake a program ofactual construction ofthe SOurce to be completed within a reasonable time. 

### J. "Construction" means any physical change or change in the method ofoperation (including fabrication, erection. installation, demolition, or modification ofan 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 of20.11.60 NMAC, to sample, condition (if applicable), analyze, and provide a record ofemissions 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 ofmass perunit oftime), M. UContinuous parameter monitoring system (CPMS)" means all ofthe equipment necessary to meet the data acquisition and availability requirements of20.11.60 NMAC, to monitorprocess and control device operational parameters (forexample, 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 ofsupplying more than one-third ofits potential electric output capacity and more than 25 megawatts electrical output to any utility power distribution system for sale, Any steam supplied to a steam distribution system for the purpose ofproviding steam to a steam-electric generatorthat would produce electrical energy for sale is also considered in determining the electrical energy output capacity ofthe affected facility. 

### O. uEmissions unit" means any part ofa stationary source that emits or would have the potential to emit anyregulated new source review pollutant and includes an electric steam generating unit as defined in Subsection N of20.11.60.7 NMAC. Forpurposes of20.11.60.7 NMAC, there are two types ofemissions units as described in Paragraphs OJ and (2) ofSubsection 

### 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) 

### ofSubsection 

### 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 orreclassified 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 CFRParts 60 and 61, requirements within any applicable state implementation plan, any pennit requirements establishedpursuant to 40 CFR 52.21 orunder 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 pennitissued under such program.S. "Fugitive emissions" means those emissions which could not reasonably pass through a stack, 

### chimney, vent, or otherfunctionally equivalentopening. T. "Lowest acbievable emission rate (LAER)" means, for any source, the more stringentrate of 

### emissions based on the following: (I) 

### the most stringentemissions limitationwhich is contained in the implementationplan ofany state for such class or category ofstationary source, unless the owner or operator ofthe proposed stationary source demonstrates that such limitations are notachievable; or 

### (2) the most stringent emissions limitation which is achieved inpractice by such class orcategory of stationary source; this limitation, when applied to amodification, means the lowest achievable emissions rate for the

new or modified emissions units within the stationary source; in no event shall the application ofthis term pennita 

### proposed new or modified stationary source to emit any pollutant in excess ofthe amount allowable under an applicable new sourceperformance standard. 

## u. "Major modification" means: --,c---:-"(:,,IL ) _.Any

### physical change in orchange in the method ofoperation ofa major stationary source that would result in:



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



### _______"'(b"')'--asignificant net emissions increase ofthatpollutant from the major stationary source.

____-:-"("'2L ) _:Any significant emissions increase from any emissions units or net emissions increase ata major 

### stationary source that is significant for volatile organic compounds oroxides ofnitrogen shall be considered significant for ozone. 

### [8-l]ill Aphysical change orchange in the method ofoperation shall not include: (a) routine maintenance, repair, and replacement; 

### (b) use ofan alternative fuel orraw material by reason ofan orderunder Section 2 (a) and (b) ofthe Energy Supply and Environmental Coordination Act of 1974, orany superseding legislation, orbyreason ofa natural gas curtailmentplanpursuant to the Federal Power Act; (c) use ofan alternative fuel by reason ofan orderorrule under Section 125 ofthe federal Clean 

### Air Act; (d) use ofan alternative fuel at a steam generating unit to the extent thatthe fuel is generated from municipal solid waste; 

### (e) use ofan alternative fuel orraw materialby a stationary source which;



### -.,- ---:-,.-_---,,...,,...,.(

... i L )

### _the source was capable ofaccommodating before December21, 1976, unless such change would be prohibited under any federally enforceable pennit condition which was established afierDecember 21, 1976 pursuant to 40 CFR 52.21 orunderregulations approvedpursuantto [4QCpR, l.l**~,]** 

### 40 CFR Subpart I or 40 CFR5l.l66; or

_----,-, -,

__(ui"'i)c--the source is approved to 

### use under any permit issued under40 CFR 52.21 or under regulations approvedpursuant to 40 CFR 51.166; (f) 

### an increase in the hours ofoperation or in the productionrate, unless such change [wettI<l be] 

## iJ! prohibited under any federally enforceable pennit condition which was established afterDecember21, 1976, pursuant to 40 CFR52.21 orunderregulations approvedpursuant to 40 CFR 51.165 or40 CFR 51.166; (g) any change in ownership at a stationary source; or (h) the installation, operation, cessation, orremoval ofa temporary clean coal technology demonstrationproject, provided that the project complies with:

_________--'(UiL)

### _the state implementationplan for the state in which [ffi] 

### the project is located and

_---,_,.----,----,---,

__--'("'il!.l)_,otherrequirements 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) Forthe purpose ofapplying the requirements of20.11.60.17 NMAC to 

### modifications at major stationary sources ofnitrogen oxides located in ozone nonattainment areas or in ozone transport regions. whether or 

### not subject to Subpart 2. PartD, Title Iofthe act. any significant net emissions increase ofnitrogen oxides is considered significant for ozone. (6) Any physical change in. or change in the method ofoperation of. a major stationary source of volatile organic compounds that results in any increase in emissions ofvolatile 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 majormodification for ozone. ifthe 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 fellewing meamngs.] (1) 

### Means:**[(-I-t]~Any** 

### stationary source ofairpollutants 

### [w1HeII] that emits, or has the potential to emit, 100 tons per yearormore ofany regulated new source review pollutant J 

### (s\ibjeet tB reg1d:latiBa Hadertae federal CleBfl Air /'ret; Br] except that lower emission thresholds shall apply in areas subject to Subpart 2. Subpart 3, or Subpan 4 ofPan D, Title I ofthe act, according to Items (i)-fvi) ofSubparagraph (a) ofParagraph (1) 

### ofSubsection V of20.11.60.7 NMAC. (D 50 tons per year ofvolatile organic compounds in any serious ozone nonattainment

(ii) 50 tons per vearofvolatile organic compounds in an area within an ozone transport region. except for any severe or extreme ozone nonattainment area. (iii) 

### 25 tons per yearofvolatile organic compounds in any severe ozone nonattainment

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

(v) 50 tons per year ofcarbon monoxide in any serious nonattainment area for carbon monoxide. where stationary sources contribute significantly to carbon monoxide levels in the area (as detennined underrules issued bv the administrator). (vi) 70 tons peryear ofPM 10 

### in any serious nonattainment area for PM**IO~** (b) 

### For the purposes ofapplying the requirements of20.11.60.17 NMAC to stationary sources ofnitrogen 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 peryearormore ofnitrogen oxides emissions. except that the emission thresholds in Items fiHvi) ofSubparagraph fbl ofParagraph (l) 

### ofSubseetion V of20.11.60.7 NMAC shall apply in areas subject to Subpan 2 ofPan D, Title I oflhe act. (D 100 tons per yearormore ofnitrogen oxides in any ozone nonattainment area classified as marginal ormoderate. (iD 100 tons per year ormore ofnitrogen oxides in any ozone nonattainment area classified as a transitional. submarginal. or incomplete orno data area. when sueh area is located in an ozone transport region. (iii) 

### 100 tons per year or more ofnitrogen oxides in any area designated under Section 107(d) ofthe act as attainment or unclassifiable for ozone that is located in an ozone transport region. (iv) 50 tons per yearor more ofnitrogen oxides in any serious nonattainment area for

(v) 25 tons per yearor more ofnitrogen oxides in any severe nonattainment area for

(vi) 10 tOIL."i peryear ormore ofnitrogen 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 ofParagraph (1) 

### ofSubsection V of20. 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 ofa stationary source shall not be included in detennining for any of the purposes ofSubsection V of20.11.60.7 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 blackplants (furnace process); 

### (b) charcoal production plants; (c) chemicalprocess 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 ofmore than 250 million Btu/hrheat input; (gJ fossil fuel boilers (orcombination thereoO totaling more than 250 million Btu/hrheat input; (hl fuel conversion plants; (il 

### glasS fiber processing plants: (jl 

### hydrofluoric acid plants; (k) iron and steel mill plants; (I) 

### kraftpulp mills; (m) lime plants; (n) municipal incinerators capable ofcharging more than 250 tons ofrefuse per

### day: (0) 

### nitric acidplants; (D) petroleum refineries: (a) 

### petroleum storage and transfer units with atotal storage capacity exceeding 300,000

(r) phosphate roek processing plants: 

### Is) Portland cementplant; (t) 

### primary lead smelters; (11) 

### primarYzinc smelters: (v) primary aluminum ore reduction plants; (w) 

### primary copper 

### smelters: (x) secondary metal production plants; (v) sintering plants: 

### (z) sulfurrecoverYplants; (aa) sulfuric acid plants; (bb) taconite ore processing 

### plants; or [(b1]i££l 

### any other stationary source category which, as ofAugust 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 naturallyoccurring phenomena that reduce visibility as measured in tenns ofvisual range, contrast orcoloration. 

### Y. "Necessary preconstruction approvals or permits" means those permits or approvals required under federal airquality control laws and regulations and those air quality conlTollaws and regulations which are part ofthe applicable state implementationplan (SIP). Z. "Netemissions**lncrease~** 

### [shall have 

### th_ fell.wiag m_aHiags:] (1) Means. with respect to any regulated new source review pollutantemitted by a major stationary 

### SOUfce, the amount

### by which the 

### sum of

### the following 

### exceeds zero: 

### (a) the increase in emissions from aparticularphysical change orchange in the method of operation at a stationary source as calculatedpursuant 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 thatare contemporaneous with the particular change and are otherwise creditable; baseline actual emissions for calculating 

### increases and decreases under Subparagraph (b) ofParagraph (I) 

### ofSubsection Z of20.11.60.7 NMAC, shall be

20.11.60 NMAC 6detennined as provided in Subsection E of20.11.60.7 NMAC, except that Subparagraphs (c) ofParagraph (Iland (d) ofParagraph (2) ofSubsection 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 jf

### it occurs**[wi~Bifl** taB time perise Bye years t:'RSF t8 the eSHlHlBflsemset sfesastA:ietisH Be the p81'tieHlar "haage aaa] before the date that the increase from the particular change occurs. (3) An increase ordecrease 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 ofconstruction 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 apermit 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 ofactual emissions exceeds the old level. (5) A decrease in actual emissions is creditable only to the extent that: (a) the old level ofactual emissions or the old level ofallowable emissions whichever is lower, exceeds the new level ofactual emissions; (b) 

### it is enforceable as a practical matter at and after the time that actual construction on the particularchange begins; (c) the department has not relied on 

### it in issuing any pennitunder regulations approved pursuant to 40 CFR Part 51 Subpart I orthe state has not relied onitin demonstrating attainmentor reasonable furtherprogress; and (d) ithas 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 aparticularpollutant. Any replacementunit that requires shakedownbecomes operational only after a reasonable shakedownperiod, not to exceed 180 days. (7) Paragraph (I) ofSubsectionA 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 pollutantan area which is shown by monitored data or which is calculated by airquality modeling, or other methods determined by the administrator to be reliable, to exceed any national ambient airquality standard for suchpollutant. Suchtenn includes any area identified under Subparagraphs (A) through (C) ofSection 107(d)(I) ofthe federal Clean 

### Air Act. BB. "Nonattainment major new source review (NSR) program" means a major source preconstruction pennitprogram thathas been approved by the administrator and incorporated into the New Mexico
state implementationplan to implement the requirements of40 CFR 51.165, or aprogram that implements 40 CFR Part 51, Appendix S, Sections I through VI. Any pennitissuedunder such aprogram 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 ofa stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity ofthe source to emita pollutant, including air pollution control equipment and restrictions on hours ofoperation or on the type or amount ofmaterial combusted, stored, orprocessed, shall be treated as part ofits design only ifthe limitation or the effectit would have on emissions is federally enforceable. Secondary emissions do not count 

### in detennining the potential to emit ofa 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 

### ofsignificantdeterioration (PSD) permit" means anypermitthat is issued under 20.11.61 NMAC.

20.11.60 NMAC 7HH. ··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 sourcereview pollutant in anyone ofthe five years (12-month period) following the date the unit resumes regular operation after the project, or in anyone ofthe 10 years fOllowing that date, ifthe project involves increasing the emissions unit's design capacity or its potential to emit ofthat regulated new source review pollutant and full utilization ofthc unit would result in a significantemissions increase or a significantnet emissions increase at the major stationary source. c-:::-,----::--,-----:-,(=2.,1,..-In determining the projected actual emissions underParagraph (I) ofSubsection \I of20.11.60.7 NMAC, before beginning actual construction, the owner oroperatorofthe major stationary source: 

### [Ri] (ill shall considerall relevant information, including but not limited to, historical operational data, the company's own representations, the company's expected business activity and the company's highest projections ofbusiness activity, the company's filings with the state orfederal 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 unitcould have accommodated during the consecutive 24-monthperiod used to establish the baseline actual emissions under Subsection E of 20.11.60.7 NMAC and that are also unrelated to the particularproject, including any increased utilization due to product demand growth; or,**[~]** 

## ll!.l in lieu ofusing the method set out in Paragraphs (I) through (3) ofSubsectionII 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 of20.11.60 NMAC, means the following: (I) nitrogen oxides or any volatile organic compounds; (2) any pollutant for which a national ambient airquality standard has been promulgated; or (3) any pollutant that is aconstituent or precursorofa general pollutant listed 

### [ia] underParagraphs (I) or (2) ofSubsection

### JJ of20.11.60.7 NMAC, provided that [a] such constituentorprecursor pollutant may only be regulated undernew sOurce review as partofregulation ofthe 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 ofnitrogen oxides from sources in a specific area are not a significant contributor to that area's ambient PM.., 5concentrations; (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 ofvolatile organic compounds or ammonia from sources in a specific area are a significant contributor to that area's ambient PM? 5concentrations; 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 condensableparticulate 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 emissionunit for which all ofthe [follewmg] criteria listed in Paragraphs (l}-(4) ofSubsection 

### 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 of40 CFR 60.15(b)(I), or the emissions unit completely takes the place ofan 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 ofa major stationary source or major modification, butdo 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 mustbe gpecific. well defined, quantifiable, and impactthe 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 notbe constructed or increase its emissions except as a result ofthe construction or operation ofthe major stationary source or major modification. Secondary emissions do not include any emissions which come directly from a mobile source, such as emissions from the tailpipe ofa motor vehicle, from a train, or from a vessel. 

### MM.**~Significant"** 

### means, in reference to a net emissions increase or the potential ofa source to emit
any ofthe following pollutant., a rate ofemissions that would equal or exceed any ofthe following rates: (\) Pollutantemission rates: 

### [tBJlill carbon monoxide, 100 tons per year; 

## [P-11ill nitrogen oxides, 40 tons per year;**[~lJ.£l** sulfurdioxide, 40 tons per year; 

### [\'41@ PM IO emissions, 15 tons per year;**[~JW** ozone, 40 tons per year ofvolatile organic compounds ornitrogen oxides; or 

## [\bllill lead, 0.6 tons peryear;..Q[ (g) PM,., 10 tons peryear ofdirect PM,.; emissions; 40 tons peryear ofsulfur dioxide emissions: 

### 40 tons. perYear ofnitrogen 

### oxide emissions 

### unless demorL."ltrated not to 

### be a 

### PM').; precursor 

### under Subsection JJ of20.11.60.7 NMAC. 

## en Notwithstanding the significant emissions rate for ozone in Paragraph (n ofSubsection 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 ofvolatile organic compounds that would result from 

### anY physical change in. or change in the method ofoperation of. a major stationary source locating in a serious or severe ozone nonattainment area that is subject to Subpart 2. Part D Title I ofthe act. 

### ifsuch emissions increase ofvolatile organic compounds exceeds 25
tons per year. (3) For the purposes ofaoplying the reguirement' of20.11.60.17 NMAC to modifications at major stationary sources ofnitrogen oxides located in an ozone nonattainment area or in an ozone transport region. the significant emission rates and other requirements forvolatile organic compounds in Paragraphs (1), (2). and (5) of Subsection MM of20.11.60.7 NMAC shall apply to nitrogen oxides emissions. (4) Notwithstanding the significant emissions rate for carbon monoxide under Paragraph (1) of Subsection MM of20.11.60.7 NMAC, significant means. in reference to an emissions increase or a net emissions increase, any increase in actual emissions ofcarbon monoxide that would result from any physical change in, or change in the method ofoperation of, a major stationary source in a serious nonattainment area for carbon monoxide ifsuch increase equals or exceeds 50 tons peryear, 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 of20.11.60.7 NMAC. any increase in actual emissions ofvolatile organic compounds from any emissions unit at a major stationary source ofvolatile organic compounds located in an extreme ozone nonattaioment area thatis subject to Subpart 2. PartD, Title I ofthe 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 whichemits ormay 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 ofinitial start ofoperations. 

### 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 ormajormodification shall obtain a penni! from the department 

### in accordance with the requirements of20.11.60 NMAC prior to the start ofconstruction

or modification ifeither ofthe following conditions ["I'I*ies] under Paragraph (I) or (2) ofSubsection A of 20.11.60.12 NMAC applv. (I) Sources that would locate in a designated nonattainment area. The proposed major stationary

source ormajor modification 

### [wiH] would be located within a nonattainment area so designated pursuant to Section 107(d)(\HAHi) ofthe federal Clean AirAct 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 ofa NAAQS.

_______"'(a.,)_The proposed major stationary source ormajor modification 

### [will] would be located within

an area designated ill! attainment orunclassifiable 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 sf2Q,ll.eQ.12**~rHAC).]** and when it would cause or contribute to a violation ofany NAAQS. <bl A major source ormajor modification will be considered to cause orcontribute to a violation ofa NAAOS when such source or modification would. at a minimum. exceed the following significance levels at any locality that does not or would nOl meetthe 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 sufficientemission 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 ofany national ambient air quality standard. In the absence ofsuch emission reductions. the department shall deny the proposed construction. (4) The requirements ofSubsection A of20.11.60.12 NMAC shall not apply to a major stationary

source ormajor modification with respect to a particularpollutant ifthe owneror operatordemonstrates that. as to thatpollutant. the source or modification is located in an area designated as nonattainmentpursuant to Section 107 ofthe act. [ B. The**"'~Hi",meB!s** ef2G.ll.69 

### NMAC**a~~IJ'** 10 oaoh .egHlalod Be

... salir..,e "",'0'"**~ell"la1lt** meetiBg the erileria afoithe. PBFagFajlh (I) a. PBFagfltllh (2) afS..eseotiaB 

### A of2G.l UG.12**~IMAC,** 

# c.**~er** 

### an area ,".flieB is R8Rsltaiftffumt far 8il8RS,

...elatile 8FgaBie eeftll3eHaSs anel snieles sfaitf'egeB:

a.e the .egHlated Bev; sa".oe re'"iow**~all"""'ts** whioh may mal

.. 2G.ll.eG**~IM,'''C a~~lieablo**  ""derthe**~ra** ...isiaBs of Paragfltllh (I) afSuesootiaB 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 af2G.ll.6G.12**~!Mt',c** shall demaBSlrate that the .'aliToe ormodiaoatiaB 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) ofSHeseotiaB 

### C af2G.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 af20.11./i1 }IMAG.] [&IB, 

### AppUcability procedures, (1) Except as otherwise provided in [Paragmpas (3) 

### 8fta (4)**af~llIlsecliall** E 

### af20.11./i0.12] SubsectionC of20.11.60.12 NMAC, and consistent with the definition ofmajor modification, a project is amajor modtfication for a regulated new source review pollutant

### ifit 

### causes two types ofemissions increases

- a signifIcant emissions increase, and a significant net emissions increase. Theproject is not a majormodification 

### tfit does not

cause a significant emissions increase. If

### the project causes a significant emlssions increase, then the project is a major modifIcation only 

### ifit also results in a significant net emissions increase. (2) The procedure for calculating (before beginning actual construction) whether a significant emissions increase (i.e. the first step ofthe process) will occurdepends upon the type ofemissions 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 significantnet emissions increase will occur at the major stationary source the second step ofthe process) is contained in the definition ofnet emissions increase. Regardless ofany such preconstruction projections, a major modifIcation results ifthe projectcauses a significant emission..lil increase and a significantnet emissions increase. (3) 

### Actual-to-projected-aetual appUcability test for projects thatinvolve existing emissions units. A significantemissions increase ofa regulated new source review pollutant is projected to occur ifthe sum of the difference between the projected actual emissions and the baseline actual emissions for each existing emissions unit equals or exceeds the significant amount for that pollutant. (4) 

### Actu.l-to-potential test for projects that!!!!!y involve construction ofa new emissions unit(s). A significant emission..lil increase ofa regulated new source review pollutant is projected to occur ifthe sum ofthe difference between the potential to emit from each new emissions unit following completion ofthe project and the baseline actual emissions ofthese units before the project equals or exceeds the significant amount for that pollutant. (5) 

### [Reserved] (6) 

### Hvbrid test for projects that involve multiple types ofemissions units. A sii!nificant emissions increase ofa regulated new source review pollutant is projected to occurifthe sum ofthe emissions**increase~** 

### for eachemissions unit. using the method specified in 

### Paragraphs (3) 

### and (4) ofSubsection B of 20.11.60.1:! NMAC as applicable with respect to eachemissions unit. for each we ofemissions unitequals or exceeds the significantamount for thatpollutant (as dermed in Subsection MM of20.11.60.7 NMAC). [(,51]c, 

### For any major stationary sourcefor 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 B

### PAL) 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 

### sfthe fonowing infflrmatiofl: (a) 

### a .escripliaB afthe praieel; 

### EB) iseHtitisatisa ofthe 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) 

### afS"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, ifapplieahl•. 

### (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)' afthe iafe_ati.B sel aul iR ParagrapR (I) 

### af**~"eseeliaB** 

### I' 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 SfSfleratsT saaH mSHitsr 

### tlle emissisas sfan)'**Teg~:latea** flew SSl:lTee re\'iewJ:lelhuaat 

### that eaula iaereas. as ar.s"lleflll. praiecI 8ft. that is .mittea By an)' 

### .",issiaflS "Hts jaMtiliea iB SllIlparagraph (a) afParagraph (I)**af~"Bseet;aa** F 

### af20.11 .•0.12 N}4AC; aBa ealc"lal. BIla "'aialaiB areeera 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.rthe ehORg•. er

# fe,. p.riea efIQ 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~'** 

### erpeleRli.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 whiehr.eeras mllsl b. g.Rerat.a IIRa.r Faregrepb (3) 

### efS

..bs.etieR F' 

### ef2Q.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 

### etherthae 81l 

### eleek-ie Htility

### steam geaeFfttmg Nmt. 

### the 8'l;'fler 

### ar ep.reter

### 09011 slibmit a r.pertte the asp_.RI ifthe 

### _I .missieRs, iR leRs p.rj'.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) BfSIIbs.elieR F ef2Q.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.iReap"_ORlle**SII~par.graph** 

### (e) efParagraph (I)**efSIi~seetiBR** 

### F 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) 

### efSm.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 

### tHej3FeasastRietisflI'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 erthe 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 atthe time (Rat 

### 8 saUTee aFmeeifieatisflsesames 

### amajerSBUFe8 SfmajefmeEliiisatiS8 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 amajorstationary source ormajormodification solely by 

### virtue ofarelaxation in any enforcement limitation which was established .fter August 7,1980, on the capacity ofthe source ormodification 

### otherwise to emit apollutant. such as arestriction on hours ofoperation. then the requirements ofregulations approved pursuant to 20.11.60 NMAC shall apply to the source ormodification as though construction had not yet cOmmenced on the source ormodification. B. 

### [The issHaBes afa pefffiit By tbs aspartm8Bt o9.ll netr.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.rlao.l. state, ertea.rallaw.] Approval to construct shall not relieve any owneroroperatorofthe 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 ofthe board. C. Any O'WIleror operator who commences construction or operates a major stationary source or 

### majormodification without, or notin accordance with, a pennit issued under the requirements of20.11.60 NMAC shall be subjeet to enforeementaction. 

### D. Approval to construct shall become invalid ifconstruction is notcommenced within 18 months after receipt ofsuch approval, ifconstruction is discontinued for a period of 18 months or more, or ifconstruction is not completed within a reasonable time. For a phased construction project, each phase mustcommence com.truction 

### within 18 months ofthe projected and approved commencementdate. The directormay extend the 18-month period upon a satisfactory showing that an extension isjustified. 

### E. For phased constructionprojects, the determination ofthe lowest achievable emission rate shall be reviewed and modified as appropriate at the latest reasonable time butno later than 18 months prior to commencement ofconstruction ofeach independent phase ofthe project. At such time, the O'WIler or operator ofthe applicable stationary source may be required to demonstrate the adequacy ofany previous detennination oflowest achievable emission rate. 

### F, Ifthe owneroroper.torpreviously issued a pennitunder 20.11.60 NMAC applies for an extension as provided for under Subsection D 

### of20.11.60.13 NMAC, and the new proposed date ofconstruction is

20.11.60 NMAC 12greater than IRmonths from the date the permit would hecome invalid. the determination oflowest 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 ofany previous detennination oflowest achievable emission rate. [20.11.60.13 NMAC

- Rp. 20.11.60.12 NMAC. 1/23/06; A, R/30/l0]

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 

### iffugitive emission to the extent quantifiable are considered in calculating the potential to emitofthe stationary source or modification and the

source does not belong to any ofthe following categories: A. carhon hlackplants (furnace process); B. charcoal productionplants; C. chemical process plants

- not including ethanol production facilities thatproduce 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 ofmore than 250 million Brulhr heatinput: G, fossil fuel hoilers (orcomhination thereof! totaling mOre than 250 million Brulhr heat input; 

### H. fuel conversionplants: 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 ofcharging more than 250 tons ofrefuse per day: O. nitric acid plants; 

### P. petroleum refineries; Q. petroleumstorage and transfer units with a total storage capacity exceeding 300,000 barrels; 

### R. phosphate rockprocessing plants: S, Portland cementplant; 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, sulfurrecovery plants; AA, sulfuric acid plants; 

### BB. taconite ore processing 

### plants: or 

## ce. any other stationary source category which. as ofAugust 7, 1980 is being regulated under Section III or 112 ofthe 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 limitunder the applicable state implementationplan (SIP) in effectat the time the application to construct is filed. except that the offsetbaseline shall be the actual emissions ofthe source from which offsetcredit is obtained where: (1) the demonstration ofreasonable further progress and attainment ofambient 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 notcontain an emissions limitation for that source or source categorY. B. Comhustion offuels. (]) Where the emissions limit underthe applicable SIP allows greateremissions than the potential to emit ofthe source, emissions offset creditwill be allowed only for controlbelow this potential.

20.11.60 NMAC 13(2) For an existing fuel combustion source. credit shall be based on the allowable emissions underthe applicable SIP for the type offuel being burned at the time the pennit application to construct is filed. Ifthe 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 ofa specified alternative control measure. which would achieve the same degree ofemission reduction should the source switch backto a dirtierfuel at some laterdate. The department should ensure that adequate long-tenn supplies of the new fuel are available before granting emissions offset creditfor 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) ofSubparagraph (a) ofParagraph (3) ofSubsection B of20.11.60.15 NMAC. 

### (il Such reductions are surplus, pennanent, quantifiable, and federally enforceable. (ii) The shutdown or curtailment occurred afterthe last dayofthe base year for the SIP planning process. For purposes ofItem Oi) ofSubparagraph (a) ofParagraph (3) ofSubsection B of20, 11.60.15 NMAC. the department may choose to considera prior shutdown orcurtailmentto have occurred after the last day ofthe base year ifthe projected emissions inventory used to develop the attainment demonstration explicitly includes the emissionl\ from suchpreviously shutdown orcurtailed 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 thatdo not meet the requirements in Item (ii) ofSubparagraph (a) ofParagraph (3) ofSubsection B of20, 11.60.15 NMAC may be generally credited only if: Ci) the shutdown orcurtailmentoccurred on orafter the date the construction pennit application is filed; Or (ti) the applicant can establishthat 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) ofSubparagraph (a) ofParagraph (3) ofSubsection B of20.11.60.15 NMAC. (4) No emissions credit shall be allowed for replacing one hydrocarbon compound with anotherof lesser reactivity, except for those compounds listed in Table 1 ofEPA's 

### RecommendedPolicy 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 setout 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 approvedpursuant to 40 CFR Part 51 Subpart I or the department has
not relied on it in demonstration attainment orreasonable further progress. (8) [Reserved] (9) [Reserved] (l Q) The total tonnage ofincreased emissions. in tons per year. resulting from a majormodification 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 occurprior to or concurrent with the start of operation ofthe proposed source. In addition. past reductions must have occurred laterthan the date upon which the

area became nonattainment in order to be creditable. D. The owner oroperator 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 ofactual 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 FORPROJECTED ACTUAL EMISSIONS: Exceptas otherwise provided in Subsection F of20.11.60.16 NMAC. the following specific provisions apply with respect to any regulated new
source review pollutant emitted from projects atexisting emissions units at a major stationary source (otherthan projects at a source with aPAL) in circumstances where there is a reasonable possibility within the meaning of SubsectionF of20.11.60.16 NMAC. that a project that is not a part ofa major modification may result in a

20.11.60 NMAC 14significant emissions increase ofsuch pollutant and the owner or operator elects to use the method specified in Subparagraphs (a), (b) and (c) ofParagraph (2) ofSubsection II of20.11.60.7 NMAC for calculating projected actual emissions, Deviations from these provisions will be aporoved only ifthe 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 of20.11.60.16 NMAC. A. Before beginning actual construction ofthe project the owner or operator shall document and maintain a record ofthe following information: (1) a description ofthe project; (2) identification ofthe emissions unites) whose emissions ofa 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 amajor modification for anv regulated new source review pollutant. including the baseline actual emissions, the projected actual emissions, the amount ofemissions excluded under Subparagraph (c) ofParagraph (2) ofSubsection II of20.11.60.7 NMAC and an explanation for why such amount was excluded, and any netting calculations. ifapplicable. 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 setout in Paragraph (I) ofSubsection F of20.11.60.12 NMAC to the department. Nothing in Paragraph (2) ofSubsection 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 ofany regulated new source review pollutant thatcould increase as a result ofthe project and that is emitted by any emissions units identified in Subparagraph (a) ofParagraph (2) ofSubsection 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 offive**yea~** following resumption ofregular operations after the change. or for a period of 10 years following resumption ofregular operations after the change if the project increases the design capacity or potential to emit ofthat regulated new source review pollutant at such emissions unit. D. If

### the unit is an existing electric utility steam generating unit. the owner or operator shall submit a report to the department within 60 days after the end ofeach 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 thatpreceded 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 

### ifthe annual emissions. in tons per year. from the project identified in Subsection A of20.11.60.16 NMAC, exceed the baseline actual emissions (as documented and maintained pursuant to Paragraph (3) ofSubsection A of20.11.60.16 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) ofSubsection A of20.11.60. 16 NMAC). Suchreport 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. 1 1.60.16 NMAC occurs when the owner or operator calculates the project to result in either: (I) a projected actual emissions increase ofat least 50 percent ofthe amount that is a "significant emissions increase," as defined under Subsection NN of20.11.60.7 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 ofemissions excluded under Subparagraph (c) ot'Paragraph (2) ofSubsection II of20.11.60.7 NMAc' sums to at least 50 percent ofthe 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 significantnet emissions increasel. for tbe regulated new source review pollutant; for a project for which a reasonable possibility occurs only within the meaning ofParagraph (2) ofSubsection F of 20.11.60.16 NMAC and not also within the meaning ofParagraph (]) ofSubsection F of20.11.60.16 NMAC, then the provisions in Subsections B through E of20.11.60.16 NMAC do not apply to the project. G. Information requests. The owner or operator ofthe 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 departmentorthe 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. Ifaeith.ra 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 airfjallHtafl:ts (l"fESIIA:

.. Qs) 

### and a differeDt state imfllemeRtatisR 131an 8f

### fl8mtit limitatieB, iashuhag aey emissien limilatieB Hses ill aemBBBB=atiag reaSBBaBle fuftherpFsgress, 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 of20.11.60 NMAC applicable to major stationary sources and majormodifications of volatile organic compound.,,> shall apply to nitrogen oxides emissions from major stationary sources and major modification..", ofnitrogen oxides in an ozone transport region or 

### in any ozone nonattainment area. except 

### in ozone nonattainment areas or in portions ofan ozone transport region where the administrator has granted a NO. waiver applying the standards set forth under Section 182(0 ofthe 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,'eahy 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 saeHrf'Fisr t8 sr eeBeUfieBt with the s'tart ef sfleratieB efthe prSf'8See SBHree. IB aeeitieB, past reeHstians mtlsthave aasHHee later than the date lif'aB whish the

area aeS8:IBe asaattailUHeat iB ereert8 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'srthe 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. Ifthe eeighbsriBg SS1:lree luts ns relevaatpefHlits, the re8Hstiens shall ee 8J3prs"ee ItS a re'lisisH ts the state ifllfllemefllatieaplan**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 SFreaseBaele fur-ther J3regress.E.**~Ie** emissieBS reauatiea ereait shall h. allewea for replaaiag eae yelatile e<gaai. aefllfleuaa with aaeilier anesserreaali"'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 S 1.1 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 SHallbe the mast stRageRt emissien stanaara whish is af'J:1li8aele fer this SByree fer the t)'f'e sffuel being bl:u=aea atthe 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 ifan 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 apefftlit 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 ifthey eaallF afterAugust 7, 1977, er less thaa eae yearprier te the aate**ef"eFFflita~"lieatiea,**

20.11.60 NMAC 16wllieoe"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 sfiasreasea emissisHS, iR tefts flaT year, restiltiag tram a majermeeifisatisa 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 BHerthe 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 ofIotaI 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 of20, II,60,I8 NMAC, B. In meeting the emissions offset requirements of20, I 1.60, 15 NMAC for ozone nonattainment

areas that are subject to Subpart2, Part D, Title I ofthe act, the ratio oftotal actual emissions reductions ofyaC 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 ifthe approvedplan also requires all existing major sources in such nonattainment area to use BACT for the control ofyaC); 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 ifthe approved plan also requires all existing major sources in such nonattainment area to use BACT for the control ofyaC); and C. Notwithstanding the requirements ofSubsection B of20,II ,60,I8 NMAC for meeting the requirements of20, 11.60.15 NMAC, the ratio oftotal 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 

### Iofthe act D. In meeting the emissions offset requirements of20.11.60.15 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 ofthe act, including 8-hourozone 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 of20.11 ,60 NMAC applicable to major stationary

sources and majormodifications ofPM IO 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 ofprecursors ofPM"'.5 may be satisfied by offsetting reductions ofdirect PM", 5 emissions oremissions of any PM:Lj precursoridentified under Paragraph (3) ofSubsection 

### JJ of20, 11,60,7 NMAC ifsuch offsets comply with the intemrecursor trading hierarchy and ratio established in the approved plan for aparticular 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 oroperatorofa proposed major stationary

source or majormodification shall submit all infonnation necessary to perfonn any analysis ormake 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 ofthe major stationary source ormajor modification; and

20,11.60 NMAC 1720.11.60.22 C. a detailed description ofthe planned system ofcontinuous 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) €lealeleaaing J3lants (with theFffial Eb1'em); (5)**ea]H~** BVeJ)**~attefies; (~)**  

### rassi! mel {irea steam eleetriej:tllHHs sfmsre 

### thaR 250 millisR Bta/Mheat**~Ht;** 

### (7) 

### fessil fuel eailer (ar aamllinalian lllereat) lalaling mare lllan .G 

### millian BlRlflr

### Ileal mp.l; (8) 

### fuel ean"ersian plant.; (9) 

### glas. Hearpraae.singplants; (I G)**1l~,aral1.aria** 

### aaia plants; (II) 

### iran ana sleel mill ploRlS; (12) leraft

### pRJp mills; (13) limeplonls; (14) RIRfliaiIJoi ineinerotars eapollie afallOfging mare Illon 2.G 

### lans afrefuse per aay; (I.) 

### nima aeia planls; (lo) 

### petraleRmrelineries; (17) petraleRm slarage ana transfer ""iIB willla lalal slarage**aapaail~'** 

### e"eeeaing 3GG,GGG 

### Ila

..els; (i8) J3ftSSJ3Bate reekJ3rSeessiRg J31aRts; 

### (19) parllana S8memplant; (2G) 

### primary leaa smellers; (21) primaryeins smellers; (22) J3f'imsr-y alllmmuftl Bre rsauetisRJ3laRts; (23) primarj

### sapper smellers; (24) s.eanaarymetal preaRetian plants; (2.) 

### smlering planlB; (2a) 

### sulfur**reeS'Yl~ry** 

### J3laRts; 

### (27) ')RlfuRs asiaplants; (2g) taesflite SFe J3rseessingfJ1aats,] 

### 120.n.oO.IS] SOURCE REQUIREMENTS FOR SOURCES THAT WOULD LOCATE IN A DESIGNATED NONATTAINMENT AREA: [In eraer fer apermitta ee grantea, all afllle fella'

....ing aanaitians sllall ee mel.] A. Conditions for approval. Ifthe department finds that the major stationary source or major modification would be constructed in an area designated in40 CFR 81.300 

### et seq as nonattainment for a pollutant for which the stationary source ormodification 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 stateJ

### the 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] (orare in compliance with an expeditious schedule which is federally enforceable 

### or contained in acourt decree). IC. Emi"i.R Redueli.R" 

### (1) 

### emission reSuetisfts (effsets) at eKisting S8\:lreeS 

### snail sesW" tJriSF 

### ta 

### afeOfleHffBflt 

### 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** 

### flewmajsf

### stalieaarrseUfEle afmajar

### mesiReatieR, ami shall 

### asSl:lFe that the tetal telU1age of ifl:sreatH:'ls emissiens ofthe airpe}hlt8ftt from the Hew afmoaifies Se\:lFSe shall 

### be effsetby an 

### eE):Hal af

### bJFeatef reooetieH in the aSUla} emissiafls ofsHeh airpell\: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 ifre""snable**~ragress** laward IHe _ir.menl aflHe "l'l'li••ble**~IAAQS** will be .ellieved. A HigHer le\'el afall'sel redualian m.j' be**re~uired** in arderla demalllltr.leIHa!



### aHet air E):\:lality beneHt will aeS\:lr; aF [(2) 

### A He'};' majar smtiaB8P/ SB\:lfSe afmajafmadifieatisH 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 ofthe proposed source (whether or notunder 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. Fulfillmentof"condition 3" 

### at Paragraph (3) ofSubsection A of20, 11.60,22 NMAC .nd "location ofoffsetting emissions" requirements at Subsection B of20.11.60.22 NMAC, will be considered adequate to meet this condition. 

### B. Location ofoffsetting emissions. The owner or operator ofa newor modified major stationary

source may comply with any offsetrequirement in effectunder 20.11.60 

### NMAC for increased emissions ofany air pollutant onlyby 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 owneror operatorofasource to 

### obtain such emissions reductions in anothernonattainment area ifthe conditions in Paragraph (1) and (2) ofSubsection B of 20.11.60.22 NMAC are met. 

### (I) The otherarea has an equal orhigher nonattainrnent classification than the area in which the

source is located. (2) Emissions from such other area contribute to a violation ofthe national ambient air quality standard in the nonattainrnent area in which the source is located. [E.)C. The owneror operator ofthe proposedmajor stationary source ormajor modification 

### [Has eaSaliSteEl] shall conductan analysis ofalternative sites, sizes, productionprocesses. and environmental control techniques for such proposedsource which demonstrates thatbenefits ofthe proposed source significantly outweigh the environmental and social costs imposed as aresult ofits location, construction, or modification. [J:.IO, The proposedmajor stationary source orm.jormodification 

### [will] sh.1I meet all.pplicable 

### emission requirements in the New Mexico state implementation plan, any applicable new source perfonnance standard in 40 CFRPart 60. and any national emission st.ndard for hazardous airpollutants in40 CFRPart 61 or40 CFRPart 63. 

### E. Emission reductions: (I) Emission reductions (offsets) at existing sources shall occurprior to orconcurrent with the start of operation ofthe proposed major stationary source ormajormodification 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 19ofthe proposed new major stationary source or major modification and shall assure that the total tonnage of increao;ed emissions ofthe air pollutant from the new or modified source shall be offset

### by an equal or greater reduction in the actual emissions ofsuch 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 ifreasonable progress toward the attainment of the applicable NAAOS will be achieved. A higher level ofoffset 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 ofany 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 of20.11.60.[+<;]23 NMAC apply only to proposed major stationary sources or majormodifications that meet the criteria ofParagraph (I) ofSubsection A of20.11.60.12 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 ofParagraph (2) ofSubsection A of20.11.60.12 NMAC may be subject to requirements for federal class I areas in 20.11.61 NMAC, ifapplicable. 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 majormodification which may have an impacton 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 ofreceiptby the department and at least 60 days priorto any public hearing on the application. Additionally, the department shall notify any affected federal land manager within 30 days from the date the departmentreceives 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 ormajormodification 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 ofvisibility in any mandatory federal class I area where the departmentdetermines 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 ifit 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 ofan advertisement in a newspaper ofgeneral circulation 

### in the

area in which the proposed source would be constructed as to where the decision can be obtained. 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 impairmentofvisibility in mandatory federal class I areas. The department may take into account the costs ofcompliance, the time necessary for compliance, the energy and non-air quality environmental impacts ofcompliance, 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 ofa regulated new source review 

### pollutant in excess ofthe 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 requestprior 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 ofactual emissions to be reduced; and (3) the effective date(s) ofsuch reductions. C. The department shall: (I) verify the amount ofemission 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 ofany emission reduction accepted for banking; and 

### (4) 

### for the case where emission reductions are approved in excess ofthose 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 apermit, the department shall preserve such reductions as astate implementation plan revision which must be approved by the board. 

### D. Use and sale ofemission reductions. (I) The use ofany 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 ofany preserved emission reduction as 

### ifsuch reductions were obtained concurrently with the commencementofoperations ofthe new or modified source. (3) Before the use or sale ofany preserved emission reduction occurs, written notification mustbe 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 mustverify the availability ofthe 

### preserved reduction before any use Or sale occurs. (4) The use ofpreserved 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 ofthe occurrence ofa net airquality 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 ofthe proposed new source or modification, subject to approval by the department. Atmospheric dispersion modeling will notbe 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 sulfurdioxide, particulate matter, carbon monoxide, nitrogen oxides, or any other pollutant may be required by the department to submit atmospheric 

### dispersion modeling to demonstrate anetair quality benefit will occur. Forany case involving these pollutants where stack emissions and fugitive or ground level emissions are offsetting. atmospheric dispersion modeling shall be required to demonstrate anetair 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 ofan 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 ofclarification are necessary to deem the application administratively complete; upon receiptofthe additional information or clarification, the departmentshall 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 ofthe detertnination. B. The department shall: (1) Make a preliminary detennination whether construction should be approved, approved 

### with conditions, ordisapproved. (2) Make available atthe department, district and local office nearest to the proposed source a copy ofall materials the applicant submitted, a copy ofthe preliminary detertnination, and a copy or summary ofother 

### materials, if

### any. consldered in making the preliminary detennination. (3) Notify the public by advertisement in a newspaper ofgeneral circulation in the area in which the 

### proposed major stationary source ormajor modification would be constructed, ofthe application, the preliminary detertnination, and ofthe opportunity for comment at a public hearing as well as written public comment. The public commentperiod shall be for 45 days from the date ofsuch advertisement. (4) 

### Send a copy ofthe notice ofpublic comment to the applicant. the administrator. and to officials 

### and agencies havingjurisdiction over the location where the proposedconstruction would occuras follows: any other state or local airpollution control agencies. the chiefexecutives ofthe 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 airquality impact ofthe source and other appropriate considerations. Public hearings shall be held in the geographic area likely to be impacted by the source. (6) Considerall written comments submitted within a time specified in the notice ofpublic comment and all comments received at any public hearing(s) in making a final decision on the approvability ofthe application. The department shall make all comments available for public inspection in the same locations where 

### the departmentmade available preconstruction infonnation relating to the source. (7) Within 90 days afterthe 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, orwhetherno permit is required; and (b) notify the applicant in writing ofthe 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 ofan actuals PAL for any existing major stationary source (except as provided in Paragraph (2) ofSubsection A of[29.11.69.23**~IMAC]** 

### 20.11.60.27 NMAC) ifthe 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 ofoperation ofa 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 nothave 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 of20.11.60.13 

### NMAC (restrictions on relaxing enforceable emission limitations that the major stationary source used to avoid applicability ofthe nonattainment majornew source review program). (4) 

### Except as provided under Subparagraph (c) ofParagraph (3) ofSubsection 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 ofthe 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 ofall emissions units at the source that emit or have the potential to emit the PAL pollutant. 

### (2) Allowable emissions means "allowable emissions" as defined in Subsection D of20.11.60.7 NMAC. except as tbis definition 

### Ls modified according to [Ille fellewiag] Subparagraph (a) and (b) ofParagraph (2) ofSubsection

### B of20.11.60.27 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 of20.11.60.7 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 thatPAL pollutant, as defined in Subsection MM of 20.11.60.7 NMAC or in tbe federal Clean AirAct, 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 thatemits 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 ofmajor stationary source 

### in Section 

### 182 (c) ofthe federal Clean Air Act, an emissions unit would be a major emissions unit for VOC ifthe emissions unit is located in a serious ozone nonattainment area and it emits or has the potential to emit 50 or more tons ofVOC per year. 

### (5) Plantwide applicability limitation (PAL) means an emission limitation expressed intons 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 ofissuance 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 withthe PAL effective date and ending 10 years later. (8) PAL major modification means, notwithstanding the definitions for majormodification and net emissions increase in 20.11.60.7 NMAC, any physical change in or change in the method ofoperation ofthe PAL

source that causes it to emit the PALpollutant at a level equal to or greater than the PAL. (9) PAL permit means the minor NSR permit, majorNSR permit or operating permit issued by the departmentunderthe requirements of20.11.41 NMAC, 20.11.60 NMAC, [aad] or 20.11.61 NMAC, or the [state] title V permit issued by the department under the requirements of20.11.42 [issued9)' 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 orgreater 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) ofSubsection

### B of [2Q.1I.BQ.23 NMAC] 20.11.60.27 NMAC. C. Permit application requirements. As part ofa pennit application requesting a PAL, the owner

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

### (1) A list ofall emissions units at the source designated as small, significant or majorbased on their potential to emit. In addition, the owner or operator ofthe source shall indicate which. ifany. federal or state applicable requirements. emission limitations or work practices apply to each unit. (2) Calculations ofthe baseline actual emissions with supporting documentation. Baseline actual emissions are to include emissions associated not only with operation ofthe unit, but also emissions associated with 

### startup, shutdown and malfunction. (3) The calculation procedures that the major stationary source owner or operator proposes to use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total for 

### each month as required by Paragraph (1) ofSubsection 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 amajor 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 ofestablishing a PAL, the major stationary source owner or operator shall show that the sum ofthe monthly emissions from each emissions unit underthe 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 owneroroperator 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 thatmeets 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) EachPAL shall regulate emissions ofonly one pollutant. (I) 

### Each PAL shall have a PAL effective period of 10 years. (g) The owner oroperator 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 occurduring the PAL effective period, creditable as decreases for purposes ofoffsets 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 ofthe proposed approval ofa PAL permit and at leasta 30-day period for submittal ofpublic 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 inParagraph (2) ofSubsection 

### 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 atthe 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 orunderthe 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 mustbe 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) ofany applicable federal or state regulatory requirement(s) that the department is aware 

### ofprior to issuance 

### ofthe PAL permit. For instance, 

### ifthe source owner


### or operatorwill be required to reduce emissions from industrial boilers in halffrom baseline emissions of60 ppm NO, to a new rule limitof30 ppm, then the permit shall contain a future effective PAL level that is equal to the current PAL level reduced by halfofthe original baseline emissions ofsuch unites). (2) Fornewly constructed units (which do not include modifications to existing units) on which actual construction began after the 24-month period, in lieu ofadding the baseline actual emissions as specified in 

### Paragraph (l) 

### ofSubsection 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 ofthe 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 PALpermiteffective date and the expiration date ofthe PAL (PAL effectiveperiod). (3) Specification in the PAL permitthat ifa major stationary source owner oroperatorapplies to

renew a PAL in accordance with Subsection 

### J of

### [20.11.60.11 NMAC] 20.11.60.27 NMAC before the end ofthe PAL effective period, then the PAL shall not expire at the end ofthe PAL effective period. It 

### shall remain in effect until a revised PALpermitis 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 ofSubsection I of[lQ.ll.llQ.23 NMAC] 20.11.60.27 NMAC. (6) The calculation procedures that the major stationary source owneroroperator 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) ofSubsection M of[lG.l UG.l3 NMAC] 20.11.60.27 NMAC. 

### (7) A requirement 

### that the major stationary source owner or operator monitorall 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. Suchrecords 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 otberrequirements that the department deems necessary to implementand enforce tbe PAL. H. PAL effective period and reopening ofthe PAL permit. (I) PAL effective period. Tbe permit shall specify a PAL effective period of 10 years. (2) Reopening ofthe 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 orreflect a more 

### accurate determination ofemissions used to establish the PAL; _--,-,...,-.,--_.,--.,--_--;-'I"'it,,')_,reduce the PALifthe owner oroperatorofthe major 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)~~revise**the 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 departmentmay 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 aNAAQS orPSD 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 permitreopening in Subparagraph (a) ofParagrapb (2) ofSubsection 

### 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 ofa 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 (oreacb group ofemissions 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 PALrenewals in Paragraph (2) ofSubsection 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 (oreach group ofemissions units, ifsuch a distribution is more appropriate as decided by the department) by distributing tbe PAL allowable emissions for tbe major stationary source among eacb ofthe emissions units tbatexisted 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) ofSubsection 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 arevised pennit incorporating allowable limits for each emissions unit, oreach 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 ofmonitoring 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 ofemissions units, as required under Subparagraph (a) ofParagraph (I) 

### ofSubsection 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 orchange in the method ofoperation at the major stationary source will be subject to the nonattainmentmajor new source review requirement. ifsuch change meets the definition ofmajor modification in 20.11.60.7 NMAC. (5) The major stationary source owneroroperator shall continue to comply with any New Mexico or federal applicable requirements (BACT, RACT, NSPS, etc.) that may have applied eitherduring the PAL effective period orpriorto the PAL effective periodexcept 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) ofSubsection A of[29.11.69.23 NMAC] 20.11.60.27 NMAC. J. Renewal ofa 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 aPAL for amajor 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 aPAL level for the source for consideration 

### by the department. 

### (2) Application deadline. A major stationary source owneror operator shall submit atimely application to the department to request renewal ofaPAL. A timely application is one that is submitted at least six months prior to, but not earlier than 18 months from, the date ofpermit expiration. This deadline for application submittalis to ensure 

### that the pennit

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

### owner oroperatorofa 

### 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 aPAL permit shallcontain the following information. (a) The information required in Paragraphs (I) 

### through (3) ofSubsection C of[29.11.69.23 NMAG] 20.11.60.27 NMAC. (b) Aproposed PAL level. (c) The sumofthe potential to emit ofall emissions units underthe PAL. (with supporting documentation). (d) Any other information the owner oroperatorwishes 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 considerthe options outlined in Subparagraph (a) ofParagraph (4) ofSubsection J 

### of[29.11.69.23 NMAC] 20.11.60.27 NMAC. However. inno case may any such adjustment fail to comply with Subparagraph (b) of Paragraph (4) ofSubsection 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 ofthe PAL level, the department may[, (aj ]renew the PAL at the same level without considering the factors set forth in Subparagraph (b) ofParagraph (4) ofSubsection J 

### of[29.11.69.23**~IMAC]** 

### 20.11.60.27 NMAC; or (b) the department may set the PAL at alevel that it determines to be more representative of the source's baseline actual emissions, orthat 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, orother factors as specifically identified by the departmentin its written rationale. 

### (c) Notwithstanding Paragraph (4) ofSubsection J

### 0[[29.11.69.23 NMAC] 20.11.60.27 NMAC,

-,-- ----;--:-:-:-:-_-;("'i),,::-O-ifthe potential to emit ofthe major stationary source is less than the PAL. the department shall adjust the PAL to a level no greater than the potential to emit ofthe source; and

_________...ll"'ii"'l_the department shall not approve arenewed PAL level higher than the current PAL, unless the major stationary source has complied with the provisions ofSubsection K of[29.11.69.23 NMAC] 20.11.60.27 NMAC. Increasing aPAL during the PAL effectiveperiod. 

### (5) Ifthe compliance date for aNew Mexico or federal requirement that applies to the PAL source
occurs during the PAL effective period, and ifthe department has not already adjusted for such requirement, the PAL shall be adjusted at the time ofPAL permit renewal or title V permitrenewal, whichever occurs first. K. Increasing a PAL during the PAL effective period.

20.11.60 NMAC 26(1) The department may increase aPAL emission limitation only ifthe major stationary source complies with the following provisions. (a) The owneror operatorofthe 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 ofthis application, the major stationary source owner or operator shall demonstrate that the sumofthe baseline actual emissions ofthe small emissions units, plus the sum ofthe baseline actual emissions ofthe significant and major emissions units assuming application ofBACT equivalent controls, plus the

sum ofthe allowable emissions ofthe new or modified emissions unit(s) exceeds the PAL. The level ofcontrol that would result from BACT equivalentcontrols on each significant or major emissions unit shall be determined by 

### conducting anew BACT analysis at the time the application is submitted. unless the emissions unit is currently required to comply with a BACT or LAERrequirement 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) ofParagraph (I) ofSubsection 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 majorNSRprogram process (for example, LAER), even though they have also become subject to the PAL or continue to be subject to the PAL. (d) The PALpermit shall require that the increased PAL level shall be effective on the day any emissions unit that is part ofthe PAL major modification becomes operational and begins to emit the 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 ofthe baseline actual emissions 

### ofthe significant and major emissions units (assuming application ofBACT equivalent controls as determined in accordance with Subparagraph (b) of Paragraph (I) ofSubsection K of[2G.l UG.23 NMAC] 20.11.60.27 NMAC), plus the Sum ofthe baseline actual emissions ofthe small emissions units. (3) The PALpermit shall be revised to reflect the increased PAL level pursuant to the public notice requirements ofSubsection E 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 PALpollutant in terms ofmass per unit oftime. Any monitoring system authorized for use in the PAL permit must be based on sound science and meet generally acceptable scientific procedures for data quality and manipulation. Additionally, the information generated by such system must meet minimum legal requirements for admissibility in ajudicial proceeding to enforce the PAL pennit. (b) The PAL monitoring system must employ one or more ofthe four general monitoring approaches meeting the minimum requirements set forth in Subparagraphs (a) through (d) ofParagraph (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) ofParagraph (I) ofSubsection 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) ofParagraph (I) ofSubsection L of[2G.! UG.23**~IMAC120.11.60.27** NMAC ifapproved 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) ofSubsection 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 orPEMS; 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 ofvalidating the published content ofthe PAL pollutant that is contained in orcreated 

### bv all materials used in or at the emissions unit; 

### (b)

### as~ume that the emissions unit emiL' all ofthe PAL pollutantthat 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 vendorofa material or fuel, which is used 

### in or at the emissions unit, publishes a range ofpollutant content from such material, the owner or operatormust use the highest value ofthe range to 

### calculate the PALpollutant emissions unless the department determines there is site-specific data ora site-specific monitoring program to support another content within the range. 

### (4) CEMS. An 

### owner or operatorusing CEMS to monitor PAL pollutant emissions shall meet the following requirements: (a) CEMS must comply with applicable Performance Specifications found 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 

### owneroroperatorusing CPMS orPEMS to monitorPAL pollutant emissions shall meet the following requirements: 

### (a) the CPMS or the PEMS mustbe based on current site-specific data demonstrating a correlation between the monitored parameter(s) and the PAL pollutant emissions across the range ofoperation ofthe emissions unit; and 

### (b) each CPMS or PEMS must sample, analyze, and record dataat least every 15 minutes, orat another less frequent interval approved by the department, while the emissions unit is operating. (6) Emission factors. An 

### owneroroperatorusing emission factors to monitor PAL pollutant emissions shall meet the following requirements: 

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

or limitations in the factors' development; 

### (b) the emissions unit shall operate within the designated range ofuse for the emission factor, if applicable; and (c) iftechnically practicable, the owneror operatorofa 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 ofPAL 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) ofSubsectionL of[2Q.II.6Q.23 NMAG] 20.11.60.27 NMAC, where an owner oroperatorofan emissions unit cannotdemonstrate a correlation between the monitored parameter(s) and the PAL pollutant emissions rate at all operating points ofthe emissions unit. the department shall. at the time ofpermit issuance: (a) establish default 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 pollutantemissions is a violation ofthe PAL. (9) Revalidation. All data used to establish the PALpollutant must be revalidated through performance testing orother scientifically valid means approved by the department. Such testing mustoccur at least

once every five years after issuance ofthe PAL. 

### M. Recordkeeping requirements. (I) 

### The PAL permit shall require an owner or operator to retain a copy ofall records necessary to determine compliance with any requirement of[2Q.11.6Q.23**~IMAC]** 

### 20.11.60.27 NMAC and ofthe PAL, including

a determination ofeach emissions unit's 12-month rolling total emissions, for five years from the date ofsuch record. 

### (2) The PAL permit shall require an owner oroperator to retain a copy ofthe following records for the duration ofthe PAL effective periodplus five years: (a) a copy ofthe PAL permitapplication and any applications for revisions to the PAL; and

20.11.60 NMAC 

### 28

### (b) each annual certification ofcompliancepursuant 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 of20.11.42 

### 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 ofthe end ofeach reportmg period. This report shall contain the following information. (a) The identification ofownerand 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) ofSubsection 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 orquality control data, in calculating the monthly and annual PAL pollutant emissions. (d) A list ofany emissions unil' modified or added to the major stationary source during the 

### precedingsix-month period. (e) The number, duration, and cause ofany 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 ofa shutdown ofany monitoring system, whetherthe shutdown was permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully 

### operational or replaced with another monitoring system, and whether the emissions unit monitored by 

### the monitoring system continued to operate, and the calculation ofthe emissions ofthe pollutant or the number determined by method included in the permit, as provided by Paragraph (7) ofSubsection L of[2G.l I.liG.n**~IMAC]** 

### 20.11.60.27 NMAC. (g) A signed statementby the responsible official (as defined by 20.11.42.7 NMAC) certifying the 1I1lth, accuracy, and completeness ofthe infonnationprovided in the report. (2) 

### Deviation report. The major stationary source owner oroperator shall promptly submit reports 

### ofany deviations orexceedance 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 ofownerand operatorand the permit number; (b) the PAL requirement that experienced the deviation or that was exceeded; (c) emissions resulting from the deviation orthe exceedance; and (d) a signed statementby 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 owneroroperator shall submit to the department the results ofany revalidation test ormethod within three months aftercompletion ofsuch test or method. 

### O. Transition requirements. (l) 

### The department shall not issue a PAL thatdoes notcomply with the requiremenl' of[2Q.ll.6Q.23 NMAG] 20.11.60.27 NMAC afterthe 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 ofapproval of 20.11.60 NMAC by the administratorwith 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