# New Mexico Bernalillo County Revisions to Part 1

(20.11.1 NMAC), General Provisions, submitted to EPA December 15, 2010 (NM-100).

This document contains only the revisions to New Mexico Bernalillo County Part 1 (20.11.1 NMAC), General Provisions, submitted to EPA December 15, 2010 (NM-100). The entire submittal is available at:

NM043.02 New Mexico Bernalillo County Amendments to 20.11.1 NMAC, General Provisions, 20.11.61 NMAC, Prevention of Significant Deterioration, and 20.11.42, Operating Permits, submitted to EPA December 15, 2010 (NM-100). 186 pages 7.4 MB r1l



### And

NM043.03 New Mexico Bernalillo County Amendments to 20.11.1 NMAC, General Provisions, 20.11.61 NMAC, Prevention of Significant Deterioration, and 20.11.42, Operating Permits, submitted to EPA December 15, 2010 (NM-100)

--Attachment D: Notice of Intent to Testify Including Exhibits. 186 pages 4.4 MB r1l 

# Regulations.gov documents EPA-R06-OAR-2011-0032- 0002 and EPA-R06-OAR-2011-0032-0003

### Bill Richardson Governor 

# State of New Mexicc{i office 

# of tfie <governor

December 15, 2010

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

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### SUBJECT: Request for approval ofrevision to the New Mexico State Implementation Plan (SIP) for air quality through the incorporation of an amended 20.11.1 NMAC, 

### General Provisions, and 20.11.61 NMAC, 

### Prevention of Significant Deterioration, and 20.11.42, 

### Operating Permits, as an update to the Title V Program

Dear Dr. Armendariz,

As provided by 40 CFR Part 51, Appendix V, I am writing to request approval ofthe attached documentation, which will serve as the basis for a revision to the SIP for New Mexico. Specifically, I am transmitting an amended 20.11.1 NMAC, 

### General Provisions, and an amended 20.11.61 NMAC, 

### Prevention of Significant Deterioration. In addition, I am requesting approval ofan update to the Title V Program through the incorporation of an amended 20.11.42 NMAC, 

### Operating Permits. All three ofthese rules apply exclusively to Bernalillo County, New Mexico.

The Albuquerque-Bernalillo County Air Quality Control Board (AQCB) amended 20.11.1 NMAC, 

### General Provisions, 20.11.61 NMAC, 

### Prevention of Significant Deterioration, and 20.11.42 NMAC, 

### Operating Permits on December 8, 2010, after a public comment period and corresponding public hearing held the same evening. These regulations were filed with the New Mexico State Records Center on December 10, 2010, and become effective locally on January 10, 2011. We believe that the submitted materials provide adequate documentation to support the requested SIP revision and Title V Program update.

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

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

2) Hearing record, including transcripts and exhibits

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

### 3) Comments received

4) The amended regulations, 20.11.1 NMAC, 

### General Provisions, 20.11.61 NMAC, 

### Prevention of Significant Deterioration and 20.11.42 NMAC, 

### Operating Permits

5) Other supporting documentation

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

Sincerely,

Bill Richardson Governor ofNew Mexico

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

# ATTACHMENT A

Attachment A contains the transmittalforms required by the New Mexico State Records Center tofile a regulation or an amendment. Theforms are signed 

## by AQCB Chairman Jens Deichman. Also included in Attachment A are the o.fficialfi1ed copies of the amended regulations (20.11.1 NMAC. 20.11.42 NMAC, & 

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

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New Mexico Air Quality Control Act, NMSA 1978 Section 74-2-4, 74-2-S. C

, the Joint Air Quality Control Board Ordinance, Bernalillo County Ordinance 94-5 Section 4; and the Joint Air Quality Control Board Ordinance Revised Ordinances of Albuquerque 1994 Section 9-5

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## FILED WITH STATE RECORDS CENTER


# 2010 DEC I 

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# 10: 59

This is an amendment to 

### 20.ll.l NMAC, Section 7, effective 

### l/10/ll.

20.ll.l.7 DEFINITIONS: The defmitions of20.11.1 NMAC apply unless there is a conflict between definitions in other parts, in which case the definition found in the applicable part shall govern. The definitions include the measurements, abbreviations, and acronyms in Subsection GGGG, of 20.11.1.7 NMAC. A.**~Abnormal** 

### operating conditionsfl means the startup or shutdown of air pollution control device(s) or process equipment. B. ..,Administrator" means the administrator ofthe United States environmental protection agency



### or his or her designee. C. ""Affected source" or "'facility" means any stationary source, or any other source ofair pollutants, 

### that must comply with an applicable requirement. D. "Air agencyfl, "departmentfl or "EHDfl means the environmental health department (EHD) of the city ofAlbuquerque. The EHD, or its successor agency or authority, as represented by the department director

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

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

- Bernalillo county air quality control board, (A-BC AQCB), and is responsible for the administration and enforcement ofthe A-BC AQCB regulations. E. "'Air contaminant" or "'air pollutant'" means an air pollution agent or combination ofsuch 

### agents. including any physical, chemical, biological, radioactive (including source material, special nuclear material, and byproduct material) substance or matter which is emitted into or otherwise enters the ambient air. Such term includes any precursors to the formation of any air pollutant; to the extent the EPA has identified such precursor or precursors for the purpose for which the term "air pollutant" is used. This excludes water vapor, nitrogen (N 2 ), 

### [eamea aieniae (CQ;ri;] 

### oxygen (02), 

### [melhaae] and ethane. F. ""Air pollution" means the emission, except as such emission occurs in nature, into the outdoor 

### atmosphere ofone or more air contaminants in such quantities and duration as may with reasonable probability injure human health, animal or plant life, or as may unreasonably interfere with the public welfare, visibility or the reasonable use ofproperty. 

### G.**~Air** 

### quality control actfl means the State of New Mexico Air Quality Control Act, Chapter 74, Article 2, NMSA 1978 as amended. H. "Air quality control boardfl, "board" or "A-BC AQCBfl means the Albuquerque- Bernalillo county air quality control board, which is empowered by federal act, the Air Quality Control Act, and ordinances, to prevent or abate air pollution within the boundaries ofBernalillo county, except for Indian lands over which the board lacksjurisdiction. I. 

### "'Allowable emissions" means: (1) 

### Any department or federally enforceable permit term or condition which limits the quantity, rate,



### or concentration ofemissions ofair pollutants on a continuous basis, including any requirements which limits the level ofopacity, prescribe equipment, set fuel specifications, or prescribe operation or maintenance procedures for a

source to assure continuous reduction that are requested by the applicant and approved by the department or, determined at the time ofissuance or renewal ofa permit to be an applicable requirement. (2) Any federally enforceable emissions cap that the permittee has assumed to avoid an applicable 

### requirement to which the source would otherwise be subject. J. 

### "Ambient" means that portion ofthe atmosphere, external to buildings, to which the general public has access. K. 

### "Applicable requirementfl means any ofthe following (and includes requirements that have been promulgated or approved by the board or EPA through rulemaking): ( 1) any standard or other requirement provided for in 

### the New Mexico state implementation plan approved by EPA, or promulgated by EPA through rulemaking, under Title I, including Parts C or D, ofthe federal 

### act; (2) any term 

### or condition of any pre-construction permit issued pursuant to regulations approved or promulgated through rulemaking under Title I, including parts C or D, of the federal act; (3) any standard or other requirement: (a) under Section 111 or 112 of the federal act; (b) of the acid rain program under Title IV of the federal act or the regulations promulgated 

### thereunder; (c) governing solid waste incineration under Section 129 ofthe federal act; (d) for consumer and commercial products under Section 183(e) of the federal act;

20.11.1 NMAC

### (e) of the regulations promulgated to protect stratospheric ozone under Title VI of the federal act, unless the administrator has determined that such requirements need not be contained in a Title V permit; (4) any requirements established pursuant to Section 504(b) or Section ll4(a)(3) of the federal act; (5) any national or state ambient air quality standard; (6) any increment or visibility requirement under Part C ofTitle I ofthe federal act applicable to temporary sources permitted pursuant to 

### Section 504(e) ofthe federal act; (7) any regulation adopted by the board in accordance with the joint air quality control board ordinances pursuant to the Air Quality Control Act, and the laws and regulations in effect pursuant to the Air 

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

### air pollution control equipment, or process equipment, which causes a process to not operate in 

### a normal manner. 

### Failures that are caused by process imbalance, poor maintenance or careless operation are not breakdowns. M.**~~carbon** monoxide'" or "'CO'" means a 

### colorless, odorless, poisonous gas 

### composed of 

### molecules containing a single atom of carbon and a single atom of oxygen with a molecular weight of 28.0 I g!mole. N. "'Chemical process'" means any manufacturing processing operation in which one or more 

### changes in chemical composition or chemical properties are involved. 0.**~coal** 

### burning**equipment~** 

### means any device used for the burning of coal for the primary purpose ofproducing heat or power by indirect heat transfer in which the products ofcombustion do not come into direct contact 

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

### means fabrication, erection, or installation of an affected facility. R. "Crematory" means any combustion unit designed and used solely for cremating human or animal remains or parts and tissues thereof, and other items nonnally associated with the cremation process, but not 

### including pathological waste. S.**~Department~** 

### means the Albuquerque environmental health department, which is the administrative agency ofthe Albuquerque

- Bernalillo county air quality control board. T.**"Director~** 

### means the administrative head of the Albuquerque environmental health department or

a designated representative(s). U.**~Emission** 

### limitation or**standard~** 

### means a requirement established by EPA, the state implementation plan (SIP), the Air 

### Quality Control Act, local ordinance, permit, or board regulation, that limits the quantity, rate or concentration, or combination thereof, of emissions of regulated air pollutants on a continuous basis, including any requirements relating to the operation or maintenance ofa source to assure continuous reduction. 

### V,**~EPA~** 

### means the United States environmental protection agency or the EPA's duly authorized representative. W. "Excess emissions" means the emission ofan air contaminant, including a fugitive emission, in

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

### Y.**~Federal act~,** **~act"** 

### or**"CAA~** 

### means the Federal Clean Air 

### Act, 42 U.S.C. Section 7401 through 7671 et seq., as amended. Z. "Federal class I wilderness**areas~** 

### means areas designated by the EPA as such. Federal class I wilderness areas within 100 kilometers ofBernalillo county are Bandelier wilderness, Pecos wilderness, and San Pedro Parks wilderness. AA. '"Fluid" means either ofthe two states ofmatter, liquid or gaseous. BB. ""Fugitive emissions" means any emissions which cannot reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening or is not otherwise col1ected, unless the emission is 

### otherwise regulated by the federal act, the Air Quality Control Act, or the laws and regulation in effect pursuant to the act. CC. "Greenhouse**2ases~** 

### or**"GHGs~** 

### means the air pollutant defined in§ 86.1818-12(a) of Chapter I of Title 40 ofthe CFR. as the aggregate group of six greenhouse gases: carbon dioxide nitrous oxide. methane. hydrofluorocarbons. perfluorocarbons. and sulfur hexafluoride.**[~)** 

### DD.**"Grain~** 

### means that unit of weight, which is equivalent to 0.0648 grams.

20.11. I NMAC 2[DD.] EE. "Hazardous air pollutant" means an air contaminant which has been classified pursuant
to the federal act. the Air Quality Control Act, or laws and regulations in effect pursuant to the act. [!!.E.] 

### FF. "Hydrocarbons" or "HC" means any chemical compound of a class of aliphatic, cyclic,

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

### [111'.1 GG. "Hydrogen sulfide" or "H1 

### S" means the chemical compound containing two atoms of hydrogen and one of sulfur with a molecular weight of 

### 34.07 g/mole. [(;(;.] HH. "Incinerator" means any furnace used in the process ofburning solid waste for the purpose ofreducing the volume, by removing combustible matter. [HH,] II. "Inedible animal by-product processing" means operations primarily engaged in rendering, cooking, drying, dehydration, digesting, evaporating or concentrating of animal proteins and fats. [IJ.] 

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

### KK. "Lead" or "Pb" means a heavy metal, with a molecular weight of 

### 207.19 g/mole that is hazardous to health ifbreathed or swallowed. [JQ;,) LL. "Malfunction" means any sudden and unavoidable failure of air pollution control equipment or process equipment beyond the control ofthe owner or operator, including malfunction during startup

or shutdown. A failure that is caused entirely or in part by poor maintenance, careless operation, or any other preventable equipment breakdown shall not be considered a malfunction. [1,1,) MM. "Modification" means any physical change in or change in the method of operation of a



### source that results in an increase in 

### the potential emission rate ofany regulated air contaminant emitted 

### by the

source or 

### that results in the emission ofany regulated air contaminant not previously emitted, but does not include: (I) a change in ownership ofthe source; (2) routine maintenance, repair or replacement; (3) installation of air pollution control equipment, and all related process equipment and materials
necessary for its operation, undertaken for the purpose ofcomplying with regulations adopted by the environmental improvement board or the local board or pursuant to the federal act; or (4) unless previously limited by enforceable penni! conditions: (a) an increase in the production rate, if such increase does not exceed the operating design capacity of the source; (b) an increase in the hours of operation; or (c) use of an alternative fuel or raw material if, prior to January 6, 

### 1975. the source was capable of accommodating such fuel or raw material, or if use of an alternate fuel or raw material is caused by any natural
gas curtailment or emergency allocation or any other lack of supply ofnatural gas. 

### {MM.-] NN. '"'New source" means any stationary source, the construction or modification of which is commenced after the filing of a regulation applicable to the stationary source. [l'!N.) 00. "Nitrogen dioxide" or "N01 " means a reddish brown, poisonous gas composed of molecules containing a single atom ofnitrogen and two of oxygen with a molecular weight of

### 46.0 g/mole. [QG.] PP. "Nitrogen oxides or NOx" is a class of chemicals containing varying quantities of nitrogen and oxygen that are created from combustion processes taking place at high temperatures and high
pressures (e.g., inside automotive engine cylinders or in high temperature boilers). Examples ofnitrogen oxides are NO, NO,, N03, N20 1 , and N 20 5 • Nitrogen oxides are also referred to as oxides of nitrogen. [PI'.) 

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

### RR. "Open burning" means the combustion of any material without the following characteristics: (I) control of combustion air to maintain adequate temperature for efficient combustion; (2) containment ofthe combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion; and (3) emission controls for the gaseous combustion products. [Ril.] SS. "Operator" means the person(s) responsible for the overall operation of a source. [S&] TT. "Owner" means the person(s) who owns a source or part ofa source. [+I.] UU. "Ozone or 0 3" means a pungent, colorless gas composed ofmolecules containing three
atoms ofoxygen with a molecular weight of

### 48.0 g/mole.



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

### material such as dust, smoke, mist, fumes or smog found in air or emissions. (WW.) 

### XX. "Particulate matter**emissions~** means all finely divided solid or liquid material, other than uncombined water, emitted to the ambient air as measured by the reference method in 40 CFR 60, Appendix A, Method 5, or an equivalent method approved by the EPA.**1~1** YY. "Pathological waste**destructor~** means any equipment, which is used to dispose of pathological waste by combustion or other process, which is approved by EPA. (¥¥.) 

### ZZ. "Performance**test~** means the data, which is the result of a test performed as required by the department to determine compliance. {Zln] AAA.**~Permit'"** means any permit or group ofpennits, modifications, renewals or revisions authorizing the construction or operation of a stationary source pursuant to the federal act, the 

### Air Quality Control 

### Act, or laws and regulations in effect pursuant to the act. (AAA.) BBB.**"Permittee~** means the owner or operator identified in any permit application or permit. IBBB.I CCC.**"Person~** means any individual, partnership, firm, public or private corporation, 

### association, trust, 

### estate, political subdivision or agency, or any other legal entity or their legal representatives, agents or assigns.**1~1** DDD. "Photochemical**oxidants~** means an air pollutant, which is formed by the action of sunlight on oxides ofnitrogen and hydrocarbons. 

### [DDD.l EEE. "PM 10 ", 

### uPM 1

### .s "or "PM 1 " 

### means particulate matter with an aerodynamic diameter less than or equal 

### to 10, 2.5, or I micrometers, respectively. IEEE.( 

### FFF. "PM2 .,**emissions~** means fmely divided solid or liquid material with an aerodynamic 

### diameter less 

### than or equal to a nominal 2.5 micrometers emitted into the ambient air as measured by 

### the reference method in 40 CFR Part 50, Appendix L, approved by the EPA.**1~1** GGG. "PM 10**emissions~** means finely divided solid or liquid material with an aerodynamic 

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

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

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

### JHHIIr) III. "Portable stationary source'" or "temporary stationary source'" means a stationary

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

### construction project or increased production demand. JilL) 

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

a stationary source 

### to emit any air contaminant under its physical and operational design. Any physical or 

### operational limitation on the capacity ofa source to emit an air pollutant, including air pollution control equipment and restrictions on hours ofoperation or on the type or amount ofmaterial combusted, stored, or processed, shall be treated as part of its design if the limitation is federally enforceable or is included in a permit issued by the department. However, the potential to emit for nitrogen dioxide shall be based on total oxides ofnitrogen. (JJJ.! KKK. "Process**equipment~** means any equipment used for storing, handling, transporting, processing or changing any materials whatsoever but excluding that equipment specifically defoned in these 

### regulations as incinerators, crematories, pathological waste destructors, pathological destructors and medical waste destructors. (KKK.) 

### LLL. "Process weight" means the total weight of all materials introduced into any specific 

### process, which causes any discharge ofair contaminants into the atmosphere. Solid fuels introduced into any specific process will be considered as part ofthe process weight, but liquid and gaseous fuels and combustion air will not. (l.l.b) MMM. "Process weight**rate~** means the hourly rate derived by dividing the total process weight by the number ofhours in one complete operation from the beginning ofany given process to the completion thereof, or from the begimting 

### to the completion of a typical portion thereof, excluding any time during which**th~** equipment is idle.

20.11.1 NMAC 4

### [MMM, [ReseFo'ea]] NNN.**~Regulated** 

### air**pollutant~** 

### means the following: (I) any pollutant for which a national, state, or local ambient air quality standard has been promulgated; (2) any pollutant that is subject to any standard promulgated under Section Ill of the federal act; (3) any Class I or II substance subject to any standard promulgated under or established by Title VI of the federal act; or (4) any pollutant subject to a standard promulgated under Section 112 or any other requirements established under Section 112 ofthe federal act. 

### 000. "Responsible**official~** 

### means one ofthe following: ( 1) for a corporation: a 

### president, secretary, treasurer, or vice-president of the corporation in 

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

### the representative is responsible for the overall operation ofone or more manufacturing, production, or operating facilities applying for, or subject to a permit and either: 

### (a) the facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or (b) the delegation of authority to such representatives is approved in advance by the department; (2) for a partnership or •ole proprietonhip: a general partner or the proprietor, respectively; (3) for a municipality, state, federal or other public agency: either a principal executive officer or ranking elected official; for the purposes of 20.11.1 NMAC, a principal executive officer of a federal agency includes the chiefexecutive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a regional administrator ofEPA); or (4) for an acid rain source: (a) the designated representative (as defined in Section 402(26) ofthe federal act) in so far as actions, standards, requirements, or prohibitions under Title IV ofthe federal act or the regulations promulgated 

### thereunder are concerned; and (b) the designated representative for any other purposes under 40 CFR Part 70. PPP. "Shutdown" means the cessation ofoperation ofany air poJlution control equipment, or process equipment. QQQ. 

### [Reserved] RRR. 

### [Reserved) SSS. "Smoke'" means sma1l gas-borne particles resulting from incomplete combustion, consisting 

### predominantly, but not exclusively, ofcarbon, soot and combustible material. TIT. "Solid**waste~** 

### means garbage; refuse; yard waste; food wastes; plastics; leather; rubber; sludge; and other discarded combustible or noncombustible waste, including solid, liquid, semisolid; or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community or 

### residential activities, and from waste treatment plants, water supply treatment plants, or air pollution control facilities; but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permit under Section 402 ofthe 

### Federal Water Pollution Control Act, or source, special nuclear, or byproduct material as defined by the Atomic Energy Act. UUU. [Reserved] VVV. "Stack, chimney, vent, or duct'" means any conduit or duct emitting particulate or gaseous emissions into the open air. 

### WWW. "Standard**conditions~** 

### means the conditions existing at a temperature of 70' F (25' C) 

### and
pressure of 14.7 psia (760 mmHg). XXX, "Standard cubic**foot~** 

### means a measure ofthe volume ofone cubic foot ofgas at standard conditions. YYY. ''Startup'" means setting into operation any air pollution control equipment, or process equipment. 

### ZZZ. "Stationary**source~** 

### means any building, structure, facility or installation, which is either permanent or temporary, excluding a private residence, that emits or may emit any regulated air pollutant or any 

### pollutant listed under Section 112(b) of the federal act, the Air Quality Control Act, or the laws and regulations in effect pursuant to the act. Several buildings, structures, facilities, or installations, or any combinations wil1 be treated as a single stationary source if they belong to the same industrial grouping. are located on one or more



### 20.11.1 NMAC 

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

### control. Pollutant-emitting activities shall be treated as the same industrial grouping if they have the same first two digits of an applicable standard industrial classification (SIC) code as described in the standard industrial classification manual, or if they have the same first three digits of an applicable north american industry classification system (NAICS) code. AAAA. ""Sulfur dioxide" or ""802" means a pungent, colorless, poisonous gas composed of molecules 

### containing a single atom of sulfur and two atoms of oxygen with a molecular weight of 64.07 glmole. BBBB.**~Total** 

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

### CCCC.**~Total** 

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

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

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

### above the threshold of vision. FFFF. "Volatile organic compounds" or**~voc"** 

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

### (I) VOC includes any such organic compound other than the following, which have been detennined
to have negligible photochemical reactivity: methane; ethane; methylene chloride (dichloromethane); 1.1,1- trichloroethane (methyl chloroform); 1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113); trichlorofluoromethane (CFC11); dichlorodifluoromethane (CFC-12); chlorodifluoromethane (HCFC-22); trifluoromethane (HFC-23); 1,2- dichloro 1,1,2,2-tetrafluoroethane (CFC-114); chloropentafluoroethane (CFC-115); 1,1,1-trifluoro 2,2- dichloroethane (HCFC-123); l,l,l,2-tetrafluoroethane (HFC-134a); 1,1-dichloro 1-fluoroethane (HCFC-14lb); 1- chloro I 

### .I-difluoroethane (HCFC-142b); 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124); pentafluoroethane (HCFC-125); 1,1,2,2-tetrafluoroethane (HFC-134); 1,1,1-trifluoroethane (HFC-143a); 1,1-difluoroethane (HFC152a): parachlorobenzotrifluoride (PCBTF); cyclic, branched, or linear completely methylated siloxanes; acetone; perchloroethylene (tetrachloroethylene); 3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca); 1,3-dichloro1,1,2,2,3-pentafluoropropane (HCFC-225cb); 1,1,1 ,2,3,4,4,5,5,5-decafluoropentane(HFC 43-1Omee); difluoromethane(HFC-32); ethylfluoride (HFC-161 ); 1,1,1,3,3,3-hexafluoropropane (HFC-236fa); 1,1,2,2,3- pentafluoropropane (HFC-245ca); 1,1,2,3,3-pentafluoropropane (HFC-245ea); 1,1,1,2,3-pentafluoropropane (HFC245eb); 1,1.1 ,3,3-pentafluoropropane (HFC-245fa); 1,1 ,1,2,3,3-hexafluoropropane (HFC-236ea); 1,1,1,3,3- pentafluorobutane (HFC-365mfc); chlorofluoromethane (HCFC-31 ); I chloro-1-fluoroethane (HCFC-15la); 1,2- dichloro-1,1,2-trilluoroethane (HCFC-123a); 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4

### F9

### 0CH 1 

### or HFE71 00); 2-(difluoromethoxymethyl)-1,1,1 .2,3,3,3-heptafluoropropane ((CF3

### ),CFCF2

### 0CH3 ); 1-ethoxy1,1,2,2,3,3,4,4,4-nonafluorobutane (C,F9

### 0C2

### H, or HFE-7200); 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3- heptafluoropropane ((CF3

### ),CFCF2

### 0C 2

### H5); 

### methyl acetate; 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (nC3F70CH1 or HFE-7000); 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane (HFE-7500); 1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea); methyl formate (HCOOCH3 ); 

### 1,1.1,2,2,3,4,5,5,5-decafluoro-3- methoxy-4-trifluoromethyl-pentane (HFE-7300); propylene carbonate; dimethyl carbonate; and perfluorocarbon compounds which fall into these classes: (a) cyclic, branched, or linear, completely fluorinated alkanes; (b) cyclic, branched, or linear, completely fluorinated ethers with no unsaturations; (c) cyclic, branched, or linear, completely fluorinated tertiary arnines with no unsaturations; and (d) sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine. (2) For purposes of detennining compliance with emissions limits, VOC will be measured by the test methods in the approved state implementation plan (SIP) or 40 CFR Part 60, Appendix A, as applicable. Where such a method also measures compounds with negligible photochemical reactivity. these negligibility-reactive compounds may be excluded as VOC ifthe amount of such compounds is accurately quantified, and such exclusion is approved by the enforcement authority. (3) As 

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



### 20.11.1 NMAC 6

### demonstrating, to the satisfaction ofthe enforcement authority, the amount ofnegligibly-reactive compounds in the source's emissions. (4) For purposes of federal enforcement for a specific source, the EPA shall use the test methods specified in the applicable EPA-approved SIP, in a permit issued pursuant to a program approved or promulgated under Title V ofthe act, or under 40 CFR Part 51, Subpart I 

### or Appendix S, or under 40 CFR Parts 52 or 60. The EPA shall not be bound by any state determination as to appropriate methods for testing or monitoring negligiblyreactive compounds ifsuch determination is not reflected in any ofthe above provisions. (5) The following compound(s) are VOC for purposes of all recordkeeping, emissions reporting, photochemical dispersion modeling and inventory requirements which apply to VOC and shall be uniquely identified in emission reports, but are not VOC for purposes ofVOC emissions limitations or VOC content requirements: t-butyl acetate. (6) For the purposes of determining compliance with California's aerosol coatings reactivity-based regulation, (as described in the California Code ofRegulations, Title 17, Division J, 

### Chapter I, Subchapter 8.5, Article J), 

### any organic compound in 

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

### that product's reactivity-based lintit. Therefore, the compounds identified in Subsection FFFF of20.11.1.7 NMAC as negligibly reactive and excluded from EPA's definition ofVOCs are to be counted towards a product's reactivity limit for the purposes ofdetermining compliance with California's aerosol coatings reactivity-based regulation. (7) For the purposes of determining compliance with EPA's aerosol coatings reactivity based regulation (as described in 40 CFR Part 59- National Volatile Organic Compound Emission Standards for Consumer and Commercial Products) any organic compound in the volatile portion of an aerosol coating is counted towards the product's reactivity-based lintit, as provided in 40 CFR Part 59, Subpart E. Therefore, the compounds that are used in aerosol coating products and that are identified in Subsection FFFF of 20.11.1.7 NMAC as negligibly reactive and excluded from EPA's definition ofVOC are to be counted towards a product's reactivity limit for the purposes of determining compliance with EPA's aerosol coatings reactivity-based national regulation,

as provided in 40 CFR Part 59, Subpart E. GGGG. 44Measurements, abbreviations. and acronyms" 

### A-BC AQCB-Albuquerque- Bernalillo county air quality control board ABT-averaging, banking and trading (program) 

### AIRS-aerometric information retrieval system AMPA-Albuquerque meb'Opolitan planning area API- American peb'Oleum institute AQIA-air quality impact assessment AQI-air quality index AQS-air quality services ASE-national institute for automotive service excellence ASTM-American society for testing and materials ATS-allowance tracking system BACT-best available control technology Bhp-brake horsepower Btu-British thermal unit C-Celsius CAA(A)-federal Clean Air 

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

### CFR-code of federal regulations CO,-carbon dioxide. CO-carbon monoxide. COG-mid-region council of governments CMAQ-congestion ntitigation and air quality

cu. in.-cubic inch(es) DER-discrete emission reduction DOE-department ofenergy DOT-U.S. department ofb'ansportation DPM-development process manual

20.1 J.l 

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

### F-Fahrenheit FHWA-federal highway administration, DOT 

### FMVCP-federal motor vehicle control program FR-federal register ft.-feet FTA-federal transit administration, DOT 

### g-gram(s) g/mole-grams per mole gal-U.S. gallon(s) GVW-gross vehicle weight GVWR-gross vehicle weight rating b-hour(s) HAP-hazardous air pollutants HC-hydrocarbon(s) Hg-mercury bp.-horsepower liM-inspection/maintenance 

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

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

### 11g-microgram J.Lg/m3-microgram per cubic meter 

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

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

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

20.11.1 

### NMAC 8MRCOG-mid-region council of governments MSERC-mobile source emission reduction credits MSMTC-mobile source modeling technical committee MTBE-methyl tertiary butyl ether MVD-motor vehicle division MWe-megawatt electrical N1-nitrogen NAAQS-national ambient air quality standards NAMS-national air monitoring station NCore-national core multi-pollutant monitoring network NDIR-NonDispersive InfraRed NEPA-National Environmental Policy Act NESCAUMIMARAMA-northeast states for coordinated air use management/mid-atlantic regional air management 

### association NESHAP-national emission standards for hazardous air pollutants NIST-national institute of standards and technology NM-New Mexico NMAC-New Mexico administrative code NMSA-New Mexico statutes annotated NO-nitric oxide NO,-nitrogen dioxide NOx-oxides ofnitrogen No-number NOV-notice of violation NMHC-non-methane hydrocarbons NSPS-new source performance standards NSR-new source review 0,-oxygen 0 3

### -ozone OMTR-open market trading rule OTAG-ozone transport assessment group OTC-ozone transport commission Ph-lead PIC-public involvement committee PM-particulate matter PM..,-particulate matter less than 2.5 microns PMwparticulate matter less than 10 microns ppm-parts per million by volume ppm C-parts per million, carbon PSD-prevention of significant deterioration psi-pounds per square inch psia-pounds per square inch absolute psig-pounds per square inch gauge PTE-potential to emit PWD-pathological waste destructor QF -qualifying facility 

### R-Rankin RACT-reasonably available control technology R&D-research & development RECLAIM-regional clean air incentives market ROG-reactive organic gases rpm-revolutions per minute RTA-regional transit authority RTC-RECLAIM trading credit RVP-reid vapor pressure s-second(s)

20.11.1 NMAC 9

### SAE-society of automotive engineers 

### SAFETEA-LU-The Safe. Accountable. Flexible, Efficient Transportation Equity Act- A Legacy for Users SBAP-small business assistance program scf-standard cubic foot Sl-intemational system ofunits 

### SIP-state implementation plan SLAMS-state and local air monitoring station SMOG-SMoke+ !DG so,-sulfur dioxide State 

### DOT-New Mexico department oftransportation STIP-state transportation improvement program 

### TCC-transportation coordinating committee TCM-transportation control measure TES-transportation evaluation study TIP-transportation improvement program TMA-transportation management association tonlyr-tons per year TPTG-transportation program task group tpy-rons per year TSP-total suspended particulate UPWP-unified planning work program 

### UTPPB-urban transportation planning policy board U.S.-United States UV-ultraviolet VE-visible emission(s) YIN-vehicle identification number 

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

0 /o-percent 

### "-degree(s) [3/21177

... 11/12/81. ll/21/81, 3/16/89, 6/16/92, 2/26/93, 9/23/94, 12/16/94, 12/1/95, 8/1/96; 20.11.1.7 NMACRn, 20 NMAC 11.01.!.7, 10/1/02; A, 711104; 

### A, 9/14/09; A, 1/10/11]

20.11.1 NMAC 10

# ATTACHMENT B

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

### TITLE20 CHAPTER11 PART1 ENVIRONMENTAL PROTECTION ALBUQUERQUE- BERNALILLO COUNTY AIR QUALITY CONTROL BOARD GENERAL PROVISIONS

20.11.1.1 ISSUING AGENCY: Albuquerque- Bernalillo County 

### Air Quality Control Board. P.O. Box 1293, Albuquerque, NM 87103. Telephone: (505) 768-2601. [6/14171.

.. 12/1195; 20.11.1.1 NMAC- Rn, 20 NMAC 11.01.1.1, 10/1102; A, 9/14/09]

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

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

on Indian lands over which the Albuquerque

- Bernalillo county air quality control board lacksjurisdiction. [12/1195

...8/1196; 20.11.1.2 NMAC- Rn, 20 NMAC 11.01.1.2, 10/1102; A, 9/14/09]

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

### Air Quality Control Act, NMSA 1978 Sections 74-24, 74-2-5.C; 

### the Joint 

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

### 4; the Joint 

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

### 9-5-14. [6114171.

.. 12/1195; 20.11.1.3 NMAC- Rn., 

### 20 NMAC 11.01.1.3, 1011/02; A, 

### 7/1104; A, 9/14/09]

20.11.1.4 DURATION: Permanent. [12/1195; 20.11.1.4 NMAC- Rn., 

### 20 NMAC 11.01.1.4, 10/1102]

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

### Air Quality Control Act, Chapter 74, Article 2, Section 6 NMSA 1978, no regulation or emission control requirement or amendment thereto, or repeal thereof, shall become effective until 30 days after its filing under the State Rules Act, Chapter 14, Article 4 NMSA 1978. [12/1195

...8/1196; 20.11.1.5 NMAC- Rn., 

### 20 NMAC 11.01.1.5 & A, 

### 10/1102; A, 

### 12/1103; A, 7/1104; A, 9/14/09]

20.11.1.6 OBJECTIVE: To provide definitions which are generally applicable to Albuquerque -Bernalillo county air quality control board regulations. [12/1195; 20.11.1.6 NMAC- Rn., 

### 20 NMAC 11.01.1.6 & A, 

### 10/1102; A, 7/1/04; A, 

### 9/14/09]

20.11.1.7 DEFINITIONS: The defmitions of20.11.1 NMAC apply unless there is a conflict between definitions in other parts, in which case the defmition found in the applicable part shall govern. The definitions include the measurements, abbreviations, and acronyms in Subsection GGGG, of 20.11. 

### I.7 NMAC. A. "Abnormal operating conditions" means the startup or shutdown ofair pollution control device(s) or process equipment. B. "Administrator" means 

### the administrator ofthe United States enviromnental protection agency

or his or her desiguee. C. "Affected source" or "facility" means any stationary source, or any other source of air pollutants, that must comply with an applicable requirement. D. 

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

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

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

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

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

### pollutant" means an air pollution agent or combination ofsuch agents, including any physical, chemical, biological, radioactive (including source material, special nuclear material, and byproduct material) substance or matter which is emitted into or otherwise enters the ambient air. Such term includes any precursors to the formation ofany air pollutant; to the extent the EPA has identified such precursor or precursors for the purpose fur which 

### the term "air pollutant" is used. This excludes water vapor, nitrogen (N2), 

### oxygen (02 ), 

### and ethane. 

### F. "Air pollution" means the emission, except as such emission occurs in nature, into the outdoor atmosphere of one or more air contaminants in such quantities and 

### duration as may with reasonable probability

20.11.1 NMACinjure human health, 

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

### Air Quality Control Act, Chapter 74, Article 2, NMSA 1978 as amended. H. "Air quality control board", "board" or "A-BC AQCB" means the Albuquerque · Bernalillo county air quality control board, which is empowered 

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

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

### I. "Allowable emissions" means: ( 1) Any department or federally enforceable permit term or condition which limits the quantity, rate,



### or concentration ofemissions ofair pollutants on a continuous basis, including 

### any requirements which limits the level ofopacity, prescribe**equipmen~** set fuel specifications, or prescribe operation or maintenance procedures for a

source to assure continuous reduction that are requested by the applicant and approved by the department or, determined at the time ofissuance or renewal ofa permit to be an applicable requirement. (2) Any federally enforceable emissions cap that the permittee has assumed to avoid an applicable requirement to which the source would otherwise be subject. 

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

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

### act; (2) any term or condition of any pre-construction permit issued pursuant to regulations approved or promulgated through rulemaking under Title I, including parts CorD, ofthe federal act; (3) any standard or other requirement: (a) under Section Ill or 112 ofthe federal act; (b) ofthe acid min progmm under Title IV ofthe federal act or the regulations promulgated thereunder; (c) governing solid waste incineration under Section 129 ofthe federal act; (d) fur consumer and commercial products under Section 183(e) ofthe federal act; (e) ofthe regulations promulgated to protect stratospheric ozone under Title VI ofthe federal act, unless the administrator has determined that such requirements need not be contained in a Title V penni!; (4) any requirements established pursuant to Section 504(b) or Section 114(a)(3) ofthe federal act; (5) any national or state ambient air quality standard; (6) any increment or visibility requirement under Part C ofTitle I ofthe federal act applicable to temporary sources pennitted pursuant to Section 504( e) ofthe federal act; (7) any regulation adopted 

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

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

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

### air pollution control equipment, or process equipment, which causes a process to not operate in a normal manner. Failures that are caused by process imbalance, poor maintenance or careless operation are not breakdowns. M. "Carbon monoxide" or "CO" means a colorless, odorless, poisonous gas composed of molecules containing a single atom ofcarbon and a single atom ofoxygen with a molecular weight of 28.01 g!mole. N. "Chemical process" means any manufacturing processing operation in which one or more changes in chemical composition or chemical properties are involved. 

### 0. "Coal burning equipment" means any·device used for the burning ofcoal for the primary
purpose ofproducing heat or power by indirect heat transfer in which the products ofcombustion do not come into direct contact with other materials. P. "Commenced" means 

### that an owner or operator 

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

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

20.ll.l NMAC 

### 2

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

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

a designated representative(s). U. "Emission limitation or standard" means a requirement established by EPA, the state implementation plan (SIP), the Air Quality Control Act, local ordinance, permit, or board regulation, that limits the quantity, rate or concentration, or combination thereof, ofemissions ofregulated air pollutants on a continuous basis, including any requirements relating to the operation or maintenance of a source to assure continuous reduction. V. "EPA" means the United States environmental protection agency or the EPA's duly authorized representative. 

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

excess ofthe quantity, rate, opacity or concentration specified by an 

### air quality regulation or permit condition. 

### X. "Excess emissions report" means a 

### report submitted by a stationary source at the request ofthe department in order to provide data on the source's compliance with emission limits and operating parameters. Y. "Federal act", "act" or "CAA" means the Federal Clean Air Act, 42 U.S.C. Section 7401 through 7671 et seq., as amended. Z. "Federal class I wilderness areas" means areas designated by the EPA as such. Federal class I wilderness areas within I00 kilometers ofBernalillo county are Bandelier wilderness, Pecos wilderness, and San Pedro Parks wilderness. AA. "Fluid" means either ofthe two states ofmatter, liquid or gaseous. BB. "Fugitive emissions" means any emissions which cannot reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening or 

### is not otherwise collected, unless the emission is otherwise regulated by the federal act, the Air Quality Control Act, or the laws and regulation in effect pursuant to the act. CC. "Greenhouse gases" or "GHGs" means the air pollutant defmed in 

### § 86.1818-12(a) of Chapter I ofTitle 40 ofthe CFR, as the aggregate group of six grcerthouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarhons, perfluorocarhons, and sulfur hexafluoride. DD. "Grain" means that unit ofweight, which is equivalent to 0.0648 grams. EE. "Hazardous air poUutant" means an air contaminant which has been classified pursuant to the federal act, the Air Quality Control Act, or laws and regulations in effect pursuant to the act. FF. "Hydrocarbons" or "DC" means any chemical compound ofa class ofaliphatic, cyclic, or aromatic chemical compounds containing mostly hydrogen and carbon. Hydrocarbons are highly reactive in the
presence ofnitrogen oxides and sunlight. All are precursors to more serious 

### air pollutants such as ozone and nitrogen dioxide. GG. "Hydrogen sulfide" or "H,S" means the chemical compound containing two atoms ofhydrogen and one ofsulfur with a molecular weight of34.07 g/mole. HH. "Incinerator" means any furnace used in the process ofburning solid waste for the purpose of reducing the volume, by removing combustible matter. II. "Inedible animal by-product processing" means operations primarily engaged in rendering, cooking, drying, dehydration, digesting, evaporating or concentrating ofanimal proteins and fats. 

### JJ. "Kraft 

### mill" means any pulping process, which uses an alkaline solution for a cooking liquor. KK. "Lead" or "Pb" means a heavy metal, with a molecular weight of207.19 glmole that is hazardous to health ifbreathed or swallowed. LL. "Malfunction" means any sudden and unavoidable failure ofair pollution control equipment or process equipment beyond the control ofthe owner or operator, including malfunction during startup or shutdown. A failure that is caused entirely or in part by poor maintenance, careless operation, or any other preventable equipment breakdown shall not be considered a malfunction. MM. "Modification" means any physical change in or change in the method of operation of a source that results in an increase in the potential emission rate ofany regulated air contaminant emitted by the source or that results in the emission of any regulated air contaminant not previously emitted, but does not include: (I) a change in ownership ofthe source; 

### (2) routine maintenance, 

### repair or replacement;

20.11.1 NMAC 3(3) installation of air pollution control equipment, and all related process equipment and materials
necessary for its operation, undertaken for the purpose ofcomplying with regulations adopted by the environmental improvement board or the local board or pursuant to the federal act; or (4) unless previously limited by enforceable permit conditions: (a) an increase in the production rate, if such increase does not exceed the opemting design capacity ofthe source; (b) an increase in the hours ofopemtion; or (c) use ofan alternative fuel or mw material if, prior to January 6, 1975, the source was capable of accommodating such fuel or raw material, or ifuse ofan alternate fuel or raw material is caused by any natural
gas curtailment or emergency allocation or any other lack ofsupply ofnatural gas. NN. "New source" means any stationary source, the construction or modification of which is commenced after the filing ofa regulation applicable to the stationary source. 00. "Nitrogen dioxide" or "N02" means a reddish browo, poisonous gas composed of molecules containing a single atom of nitrogen and two ofoxygen with a molecular weight of46.0 g!mole. PP. "Nitrogen oxides or NOx" is a class ofchemicals containing varying quantities ofnitrogen and
oxygen that are created from combustion processes taking place at high temperatures and high pressures (e.g., inside automotive engine cylinders or in high temperature boilers). Examples ofnitrogen oxides are NO, N02 , N03 , N 20 2 , and N20,. Nitrogen oxides are also referred to as oxides ofnitrogen. QQ. "NMAC" means New Mexico administrative code, which contains the rules adopted by all rulemaking agencies ofthe state ofNew Mexico and the rules adopted by the A-BC AQCB. 

### RR. "Open burning" means the combustion ofany material without the following characteristics: (I) control ofcombustion air to maintain adequate temperature for efficient combustion; (2) containment ofthe combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion; and (3) emission controls for the gaseous combustion products. SS. "Operator" means the person(s) responsible for the overall opemtion ofa source. TT. "Owner" means the person(s) who owns a source or part ofa source. UU. "Ozone or 0 3 " means a**pungen~** colorless gas composed ofmolecules containing three atoms of
oxygen with a molecular weight of48.0 g!mole. VV. "Part" means the required NMAC designation for the normal division of a chapter. A part consists of a unified body ofrule material applying to a specific function or devoted to a specific subject matter. Structurally, a part is the equivalent of a rule. WW. "Particulate matter" or "PM" means any airborne fmely divided solid or liquid material such as 

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

### air or emissions. XX "Particulate matter emissions" means all fmely divided solid or liquid material, other than uncombined water, emitted to the ambient air as measured by the reference method in 40 CFR 60, Appendix A, Method 5, or an equivalent method approved by the EPA. YY. "Pathological waste destructor" means any**equipmen~** which is used to dispose ofpathological
waste by combustion or other process, which is approved by EPA. ZZ. "Performance test" means the data, which is the result ofa test performed as required by the department to determine compliance. AAA. "Permit" means any permit or group ofpermits, modifications, renewals or revisions authorizing the construction or opemtion ofa stationary source pursuant to the fedeml act, the Air Quality Control Act, or laws and regulations in effect pursuant to the act. BBB. "Permittee" means the owoer or opemtor identified in any permit application or permit. CCC. "Person" means any individual, partnership, firm, public or private corpomtion, association, trust, estate, political subdivision or agency, or any other legal entity or their legal representatives, agents or assigns. DDD. "Photochemical oxidants" means an air**pollutan~** which is formed by the action of sunlight on oxides ofnitrogen and hydrocarbons. EEE. "PM 10 ", "PML, "or "PM 1" means particulate matter with an aerodynamic diameter less than or equal to I

### 0, 2.5, or I micrometers, respectively. FFF.**"PM ~**  emissions" means finely divided solid or liquid material with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers emitted into the ambient air as measured by the reference method in 40 CFR Part 50, Appendix L, approved by the EPA.

20.11.1 NMAC 4GGG. "PM 10 emissions" means finely divided solid or liquid material with an aerodynamic diameter less than or equal to a nominal I

### 0 micrometers emitted into 

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

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

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

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

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

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

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

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

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

### air pollutant" means the following:
any pollutant for which a national, state, or local ambient air quality standard has been

(2) any pollutant that is subject to any standard promulgated under Section Ill ofthe federal act; (3) any Class I or II substance subject to any standard promulgated under or established by Title VI ofthe federal act; or (4) any pollutant subject to a standard promulgated under Section 112 or any other requirements established under Section 112 ofthe federal act. 

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

### treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation ofone or more manufacturing, production, or operating facilities applying for, or subject to a permit and 

### either: (a) the facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or (b) the delegation of authority to such representatives is approved in advance by the deparlnlent; (2) for a partnership or sole proprietorship: a general partner or the proprietor, respectively; (3) for a municipality, state, federal or other public agency: either a principal executive officer or ranking elected official; for the purposes of20.11.1 NMAC, a principal executive officer ofa federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a regional administrator ofEPA); or ( 4) for an acid rain source: (a) the designsted representative (as defmed in Section 402(26) ofthe federal act) in so far as actions, standards, requirements, or prohibitions under Title IV ofthe federal act or the regulations promulgated 

### thereunder are concerned; and (b) the designsted representative for any other pwposes under 40 CFR Part 70.

20.11.1 NMAC 

### 5

### PPP. "Shutdown" means the cessation of operation of any air pollution control equipment, or process equipment. 

### QQQ. [Reserved] 

### RRR. [Reserved] SSS. "Smoke" means small gas-borne particles resulting from incomplete combustion, consisting predominantly, but not exclusively, of carl>on, soot and combustible material. TTT. "Solid waste" means garl>age; refuse; yard waste; food wastes; plastics; leather; rubber; sludge; and other discarded combustible or noncombustible waste, including solid, liquid, semisolid; or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from commwrity or residential activities, and from waste treatment plants, water supply treatment plants, or air pollution control facilities; but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permit under Section 402 ofthe Federal Water Pollution Control Act, or source, special nuclear, or byproduct material as defmed by the Atomic Energy Act. UUU. [Reserved] VVV. "Stack, chimney, vent, or duct" means any conduit or duct eruitting particulate or gaseous emissions into the open air. WWW. "Standard conditions" means the conditions existing at a temperature of70" F (25" C) and
pressure of 14.7 psia (760 mmHg). 

### XXX. "Standard cubic foot" means a measure ofthe volume of one cubic foot ofgas at standard conditions. YYY. "Startup" means setting into operation any air pollution control equipment, or process equipment. ZZZ. "Stationary source" means any building, structure, facility or installation, which is either permanent or temporary, excluding a private residence, that eruits or may emit any regulated air pollutant or any pollutant listed under Section 112(b) ofthe federal act, the Air Quality Control Act, or the laws and 

### regulations in effect pursuant to the act. Several buildings, structures, facilities, or installations, or any combinations will be treated as a single stationary source if

### they belong to the same industrial grouping, are located on one or more 

### contiguous or adjacent properties, and are under the control ofthe same person, or persons, or are under common control. Pollutant-emitting activities shall be treated as the same industrial grouping ifthey have the same first two digits ofan applicable standard industrial classification (SIC) code as described in the standard industrial classification manual, or ifthey have the same first three digits of an applicable north american industry classification system (NAICS) code. AAAA. 

### "Sulfur dioxide" or "S01 " 

### means a pungent, colorless, poisonous gas composed ofmolecules containing a single atom of sulfur and two atoms ofoxygen with a molecular weight of 64.07 glmole. BBBB. "Total reduced sulfur" means any combination ofsulfur compounds, except sulfur dioxide and free sulfur, which test as reduced sulfur, including, but not limited to, hydrogen sulfide, methyl mercaptan, and ethyl mercaptan. CCCC. "Total suspended particulate" or "TSP" means particulate matter as measured by the method described in 40 CFR Part 50, Appendix B. DODD. "Vapors" means the gaseous form ofa substance, which exists in the liquid or solid state at standard conditions. EEEE. "Visible emission" means an emission that can be seen because its opacity or optical density is above the threshold ofvision. FFFF. "Volatile organic compounds" or "VOC" means any compound ofcarl>on, excluding carbon 

### monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, which participates in atmospheric photochemical reactions. (I) 

### VOC includes any such organic compound other than 

### the following, which have been determined
tohave negligible photochemical reactivity; methane; ethane; methylene chloride (dichloromethane); I, I,!- trichloroethane (methyl chloroform); I, I ,2-trichloro-1 ,2,2-trifluoroethane (CFC-113); trichlorofluoromethane (CFC11); dichlorodifluoromethane (CFC-12); chlorodifluoromethane (HCFC-22); trifluoromethane (HFC-23); 1,2- dichloro 1,1,2,2-tetrafluoroethane (CFC-114); chloropentafluoroethane (CFC-115); 1,1,1-trifluoro 2,2- dichloroethane (HCFC-123); 1,1,1,2-tetrafluoroethane (HFC-134a); 1,1-dichloro 1-fluoroethane (HCFC-14lb); 1- chloro I, 1-difluoroethane (HCFC-142b); 2-chloro-1 ,I,I ,2-tetrafluoroethane (HCFC-124); pentafluoroethane (HCFC-125); 1,1,2,2-tetrafluoroethane (HFC-134); 1,1,1-trifluoroethane (HFC-143a); 1,1-difluoroethane (HFC152a); parachlorobenzotrifluoride (PCBTF); cyclic, branched, or linear completely methylated siloxanes; acetone; perchloroethylene (tetrachloroethylene); 3,3-dichloro-1 ,I,I ,2,2-pentafluoropropane (HCFC-225ca); I ,3-dichloro20.11.1 NMAC 6I, I ,2,2,3-pentafluoropropane (HCFC-225cb); I ,I ,I ,2,3,4,4,5,5,5-decafluoropentane(HFC 43-1 Omee); difluorometbane(HFC-32); ethylfluoride (HFC-161); l,l,l,3,3,3-hexafluoropropane (HFC-236fa); 1,1,2,2,3- pentafluoropropane (HFC-245ca); I ,I ,2,3,3-pentafluoropropane (HFC-245ea); I ,I,I ,2,3-pentafluoropropane (HFC245eb); l,l,l,3,3-pentafluoropropane (HFC-245fa); l,l,l,2,3,3-hexafluoropropane (HFC-236ea); l,l,l,3,3- pentafluorobutane (HFC-365mfc); chlorofluoromethane (HCFC-31); I ch!oro-1-fluoroethane (HCFC-15!a); I ,2- dichloro-1, 1,2-trifluoroethane (HCFC-123a); I, I, 1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C.F.OCH, or HFE71 00); 2-(difluoromethoxymethyl)-1, I, I,2 ,3 ,3,3-heptafluoropropane ((CF3) 2CFCF20CH3); 1-ethoxy1, I,2,2,3,3,4,4,4-nonafluorobutane (CJ'90C 2H, or HFE-7200); 2-(ethoxydifluoromethyl)-1, I, I ,2,3,3,3- heptafluoropropane ((CF3 )2CFCF20C2H5); methyl acetate; l,l,l,2,2,3,3-heptafluoro-3-methoxy-propane (nC3F70CH3 or HFE-7000); 3-ethoxy-1 ,I,I ,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane (HFE-7500); I, I, I,2,3,3,3-heptafluoropropane (HFC 227ea); methyl formate (HCOOCH3 ); I ,I, !,2,2,3,4,5,5,5-decafluoro-3- methoxy-4-trifluoromethyl-pentane (HFE-7300); propylene carbonate; dimethyl carbonate; and perfluorocarbon compounds which fall into these classes: (a) cyclic, branched, or linear, completely fluorinated alkanes; (b) cyclic, branched, or linear, completely fluorinated ethers with no unsaturations; (c) cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and (d) sulfur containing perfluorocarbons with no unsaturations and with sulfur oonds ouly to carbon and fluorine. (2) For purposes of determining compliance with emissions limits, VOC will be measured by the test methods in the approved state implementation plan (SIP) or 40 CFR Part 60, Appendix A, as applicable. Where such a method also measures compounds with negligible photochemical reactivity, these negligibility-reactive compounds may be excluded as VOC if the amount of such compounds is accurately quantified, and such exclusion is approved by the enforcement authority. (3) As a precondition to excluding these compounds as VOC or at any time thereafter, the enforcement authority may require an owner or operator to provide monitoring or testing methods and results demonstrating, to the satisfaction ofthe enforcement authority, the amount ofnegligibly-reactive compounds in the source's emissions. (4) Forpurposes offederal enforcement for a specific source, the EPA shall use the test methods specified in the applicable EPA-approved SIP, in a permit issued pursuant to a program approved or promulgated under Title V ofthe act, or under40 CFR Part 51, Subpart I or Appendix S, orunder40 CFR Parts 52 or 60. The EPA shall not be bound by any state determination as to appropriate methods for testing or monitoring negligiblyreactive compounds if such determination is not reflected in any ofthe above provisions. (5) The following compound(s) are VOC for purposes ofall recordkeeping, emissions reporting, photochemical dispersion modeling and inventory requirements which apply to VOC and shall be uniquely identified in emission reports, but are not VOC for purposes ofVOC emissions limitations or VOC content requirements: t-butyl acetate. (6) For the purposes ofdetermining compliance with California's aerosol coatings reactivity-based regulation, (as described in the California Code·ofRegulations, Title 17, Division 3, Chapter I, Subchapter 8.5, Article 3), any organic compound in the volatile portion of an aerosol coating is counted towards that product's reactivity-based limit. Therefore, the compounds identified in Subsection FFFF of 20.11.1.7 NMAC as negligibly reactive and excluded from EPA's definition of VOCs are to be counted towards a product's reactivity limit for the
purposes of determining compliance with California's aerosol coatings reactivity-based regulation. (7) For the purposes ofdetermining compliance with EPA's aerosol coatings reactivity based regulation (as described in 40 CFR Part 59- National Volatile Organic Compound Emission Standards for Consumer and Commercial Products) any organic compound in the volatile portion ofan aerosol coating is counted towards the product's reactivity-based limit, as provided in 40 CFR Part 59, Subpart E. Therefore, the compounds that are used in aerosol coating products and that are identified in Subsection FFFF of 20.11.1.7 NMAC as negligibly reactive and excluded from EPA's definition of VOC are to be counted towards a product's reactivity limit for the purposes of determining compliance with EPA's aerosol coatings reactivity-based national regulation,

as provided in 40 CFR Part 59, Subpart E. GGGG. "Measurements, abbreviations. and acronyms" A-BC AQCB-Albuquerque- Bernalillo county air quality control board ABT-avemging, banking and trading (program) 

### AIRS-aerometric infonnation retrieval system AMP A-Albuquerque metropolitan planning area

20.11.1 NMAC 

### 7

### API-American petroleum institute AQIA-air quality impact assessment AQI-air quality index AQS-air quality services ASE-national institute for automotive service excellence 

### ASTM-American society for testing and materials ATS-allowance tracking system BACT-best available control technology Bhp-brake horsepower Btu-British thermal unit C-Celsius CAA(A)-federal Clean 

### Air Act (Amendments) 

### CEM-continuous emission monitor CFC(s)-chlorofluorocarbon(s) cfh-cubic feet per hour cfm-cubic feet per minute CFR-code offederal regulations CO,-carbon dioxide. CO-carbon monoxide. COG-mid-region council ofgovernments CMAQ-congestion mitigation and air quality

cu. in.-cubic inch(es) DER-discrete emission reduction DOE-department ofenergy DOT-U.S. department oftransportation DPM-development process manual DRB-development review board EA-environmental assessment EHD-environmental health department EI-emission inventory EIS-environmental impact statement EPA-U.S. environmental protection agency EPC-environmental planning commission ERC-cmission reduction credit F-Fahrenheit FHWA-federal highway administration, DOT FMVCP-federal motor vehicle control program FR-federal register ft.-feet FTA-federal transit administration, DOT g-gram(s) glmole-grams per mole gal-U.S. gallon(s) GVW-gross vehicle weight GVWR-gross vehicle weight rating h-hour(s) HAP-hazardous air pollutants HC-hydrocarbon(s) Hg-mercury hp.-horsepower 11M-inspection/maintenance in.-inch(es) ISTEA-Intermodal Surface-Transportation Efficiency Act (see SAFETEA-LU) K-Kelvin kg-kilogram(s) km-kilometer(s)

20.11.1 

### NMAC 8

### kPa-kilopascal(s) lb.-pound(s) lb/day-pounds per day lb-ft-pound-feet lblhr-pounds per hour lb/yr-pounds per year LAER-lowest achievable emission rate LNG-liquefied natural gas LPG-liquefied petroleum gas LRTP-long range transportation plan m-meter(s) MACT-maximum achievable control technology 

### max.-maximum MCO-manufacturer's certificate of origin Jig-microgram Jlg/m 3

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

### -milligram per cubic meter mi.-mile(s) min-minute(s) ml-milliliter(s) mm-millimeter(s) MMBtu-million Btu mmHg-millimeters ofmercury mph-miles per hour MPO-metropolitan planning organization MRCOG-mid-region council of governments MSERC-mobile source emission reduction credits MSMTC-mobile source modeling technical committee MTBE-methyl tertiary butyl ether MVD-motor vehicle division MWe-megawatt electrical N,-nitrogen NAAQS-national ambient air quality standards NAMS-national air monitoring station NCore-national core multi-pollutant monitoring network NDIR-NonDispersive InfraRed NEPA-National Environmental Policy Act NESCAUM/MARAMA-nortbeast states for coordinated air use management/mid-atlantic regional air management 

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

### o,-oxygen 0 3-ozone 

### OMTR-open market trading rule

20.11.1 NMAC 9OTAG-ozone transport assessment group OTC-ozone transport commission Pb-lead PIC-public involvement committee PM-particulate matter PM,

.. -particulate matter less than 2.5 microns PM 10-particulate matter less than 

### I 0 microns ppm-parts per million by volume ppm C-parts per million, carbon PSD-prevention ofsignificant deterioration psi-pounds per square inch psis-pounds per square inch absolute psig-pounds per square inch gauge PTE-potential to emit PWD-pathological waste destructor QF-qualifying facility 

### R-Rankin RACT-reasonably available control technology R&D-research & development RECLAIM-regional clean air incentives market ROG-reactive organic gases rpm-revolutions per minute RTA-regional transit authority RTC-RECLAIM trading credit RVP-reid vapor pressure s-second(s) SAE-society ofautomotive engineers SAFETEA-LU-The Safe, Accountable, Flexible, Efficient Transportation Equity Act- A Legacy for Users SBAP-small business assistance program seC-standard cubic foot Sf-international system ofunits SIP-state implementation plan SLAMS-state and local air monitoring station SMOG-SMoke+ fOG so,-sulfur dioxide State DOT -New Mexico department oftransportation STIP-state transportation improvement program TCC-transportation coordinating committee TCM-transportation control measure TES-transportation evaluation study TIP-transportation improvement program TMA-transportation management association tonlyr-tons per year TPTG-transportation program tssk group tpy-tons per year TSP-total suspended particulate UPWP-unified planning work program UTPPB-urban transportation planning policy board U.S.-United States UV-ultraviolet VE-visible emission(s) VIN-vehicle identification number VMT-vehicle miles traveled VOC-volatile organic compounds VPMD-vehicle pollution management division 

### o/o·percent

20.11.1 NMAC 10

## ,

0 -degree(s) [3/21177

.. .111!2/81, 11121181, 3/16/89, 6/16/92, 2/26/93, 9/23/94, 12/16/94, 12/1195, 8/1/96; 20.11.1.7 NMACRn, 20 NMAC ll.Ol.I.7, 10/1102; A, 7/1104; A, 9/14/09; A, 1110/11]

20.11.1.8 VARIANCES: [Reserved] [12/1195; 20.11.1.8 NMAC- Rn, 20 NMAC il.Ol.I.8, 10/1102]

20.11.1.9 SAVINGS CLAUSE: Any amendment to 20.11.1 NMAC which is filed with the state records
center shall not affect actions pending for violation of a city or county ordinance, or 20.11.1 NMAC. Prosecution for a violation under prior regulation wording shall be governed and prosecuted under the statute, ordinance, part or regulation section in effect at the time the violation was committed. [12/1195; 20.11.1.9 NMAC- Rn, 20 NMAC ll.Ol.l.9, 10/1102; A, 9/14/09]

20.11.1.10 SEVERABILITY: Ifany section, paragraph, sentence, clause or word of20.11.1 NMAC or any fedeml standsrds incorporated herein is for any reason held to be unconstitutional or otherwise invalid by any court, the decision shall not affect the validity ofremaining provisions of 20.11.1 NMAC. [12/1195; 20.11.1.10 NMAC- Rn, 20 NMAC ll.Ol.I.IO, 10/1102; A, 9/14/09]

20.11.1.11 DOCUMENTS: Documents incorporated 

### and cited in 20.11.1 NMAC maybe viewed at the Albuquerque environmental health department, 400 Marquette NW, Albuquerque, NM. [12/1195; 20.11.1.11 NMAC- Rn, 20 NMAC ll.Ol.l.ll & A, 10/1102; A, 9/14/09]

20.11.1.12 [Reserved] [12/1195; 20.11.1.12 NMAC- Rn, 20 NMAC 11.01.1.12 & Repealed, 10/1/02; Rn, 20 NMAC ll.Ol.II.l, 10/1/02]

20.11.1.13 [Reserved] [11112/81.

..3/24/82, 8/1196; 20.11.1.13 NMAC

- Rn, 20 NMAC 11.01.11.2, 10/1102; Repealed, 7/1104]

20.11.1.14 [Reserved] [3/24/82; 20.11.1.14 NMAC- Rn, 20 NMAC 11.01.11.3, 10/1102; Repealed, 9/14/09]

HISTORY OF 20.11.1 NMAC: Pre-NMAC History: The material in this part was derived from that previously filed with 

### the Commission of Public Records- State Records Center and Archives. Resolution No. 

### I, Air Pollution Control Regulations ofthe Albuquerque- Bernalillo County Air Quality Control Board, 8/6171; Regulation No. I, Air Pollution Control Regulations, 6/6173; Regulation No. I, Air Pollution Control Regulations, 7 /9173; Regulation No. I, Air Pollution Control Regulations, 3/21177; Regulation No. I, Resolutions

- Air Pollution Control Regulations, 3/24/82; Regulation No. I, Resolution- Air Pollution Regulations, 6/18/86; Resolution No.2, Ambient Air Quality Standards ofthe Albuquerque- Bernalillo County Air Quality Control Board, 8/6171; Resolution No. 2, Ambient Air Quality Standards ofthe Albuquerque

- Bernalillo County Air Quality Control Board, 6/6173; Standard No. I, Ambient Air Quality Standards, 11112/81; Regulation No. 2, Defmitions, 3/24/82; Regulation No. 2, Defmitions, 1/3/85; Regulation No.2, Defmitions, 3/16/89; Regulation No. 2, Defmitions, 11127/91; Regulation No.2, Defmitions, 6/16/92; Regulation No. 26, Interpretation, 3/24/82.

History of Repealed Material: [RESERVED]

20.11.1 NMAC 11

### Other History: Regulation No. l, 

### Air Pollution Regulations, filed 6/18/86; Standard No. l, Ambient 

### Air Quality Standards, filed ll/12/81; Regulation No.2, Defmitions, filed 6/16/92; and Regulation No. 26, Inteq>retation, filed 3/24/82; were all renumbered and reformatted into first version ofthe New Mexico Administrative Code as 20 NMAC ll.Ol, General Provisions, filed 10/27/95. 20 NMAC 11.01, General Provisions, filed 10/27-95 was 

### renumbered, reformatted, amended and replaced by 20.11.1 NMAC, General Provisions, effective 10/1102.

20.11.1 NMAC 

### '

12

# ATTACHMENT C

The amended rules as published in the New Mexico Register on December 30, 2010, Volume 

## XXI. Number 24 http://www.nmcpr.state.nm.us/nmreqister/

### New Mexico Register / Volume XXI, Number 24 / December 30, 2010

20.11.1 NMAC 1 This is an amendment to 20.11.1 NMAC, Section 7, effective 1/10/11.

20.11.1.7 DEFINITIONS:The definitions of 20.11.1 NMAC apply unless there is a conflict between definitions in other parts, in which case the definition found in the applicable part shall govern. The definitions include the measurements, abbreviations, and acronyms in Subsection GGGG, of 20.11.1.7 NMAC. A. “Abnormal operating conditions”means the startup or shutdown of air pollution control device(s) or process equipment. B. “Administrator”means the administrator of the United States environmental protection agency or his or her designee. C. “Affected source” or “facility”means any stationary source, or any other source of air pollutants, that must comply with an applicable requirement. D. “Air agency”, “department” or “EHD”means the environmental health department (EHD) of the city of Albuquerque. The EHD, or its successor agency or authority, as represented by the department director or his/her designee, is the lead air quality planning agency for the Albuquerque - Bernalillo county nonattainment/maintenance area. The EHD serves as staff to the Albuquerque - Bernalillo county air quality control board, (A-BC AQCB), and is responsible for the administration and enforcement of the A-BC AQCB regulations. E. “Air contaminant” or “air pollutant”means an air pollution agent or combination of such agents, including any physical, chemical, biological, radioactive (including source material, special nuclear material, and byproduct material) substance or matter which is emitted into or otherwise enters the ambient air. Such term includes any precursors to the formation of any air pollutant; to the extent the EPA has identified such precursor or precursors for the purpose for which the term "air pollutant" is used. This excludes water vapor, nitrogen (N2

### ), [carbon dioxide (CO2

### ),] oxygen (O2

### ), [methane] and ethane. F. “Air pollution”means the emission, except as such emission occurs in nature, into the outdoor atmosphere of one or more air contaminants in such quantities and duration as may with reasonable probability injure human health, animal or plant life, or as may unreasonably interfere with the public welfare, visibility or the reasonable use of property. G. “Air quality control act”means the State of New Mexico Air Quality Control Act, Chapter 74, Article 2, NMSA 1978 as amended. H. “Air quality control board”, “board” or “A-BC AQCB” means the Albuquerque - Bernalillo county air quality control board, which is empowered by federal act, the Air Quality Control Act, and ordinances, to prevent or abate air pollution within the boundaries of Bernalillo county, except for Indian lands over which the board lacks jurisdiction. I. “Allowable emissions”means: (1) Any department or federally enforceable permit term or condition which limits the quantity, rate, or concentration of emissions of air pollutants on a continuous basis, including any requirements which limits the level of opacity, prescribe equipment, set fuel specifications, or prescribe operation or maintenance procedures for a source to assure continuous reduction that are requested by the applicant and approved by the department or, determined at the time of issuance or renewal of a permit to be an applicable requirement. (2) Any federally enforcea ble emissions cap that the permittee has assumed to avoid an applicable requirement to which the source would otherwise be subject. J. “Ambient”means that portion of the atmosphere, external to buildings, to which the general public has access. K. “Applicable requirement”means any of the following (and includes requirements that have been promulgated or approved by the board or EPA through rulemaking): (1) any standard or other requirement provided for in the New Mexico state implementation plan approved by EPA, or promulgated by EPA through rulemaking, under Title I, including Parts C or D, of the federal act; (2) any term or condition of any pre-construction permit issued pursuant to regulations approved or promulgated through rulemaking under Title I, including parts C or D, of the federal act; (3) any standard or other requirement: (a) under Section 111 or 112 of the federal act; (b) of the acid rain program under Title IV of the federal act or the regulations promulgated thereunder; (c) governing solid waste incineration under Section 129 of the federal act; (d) for consumer and commercial products under Section 183(e) of the federal act;

### New Mexico Register / Volume XXI, Number 24 / December 30, 2010

20.11.1 NMAC 2 (e) of the regulations promulgated to protect stratospheric ozone under Title VI of the federal act, unless the administrator has determined that such requirements need not be contained in a Title V permit; (4) any requirements established pursuant to Section 504(b) or Section 114(a)(3) of the federal act; (5) any national or state ambient air quality standard; (6) any increment or visibilityrequirement under Part C of Title I of the federal act applicable to temporary sources permitted pursuant to Section 504(e) of the federal act; (7) any regulation adopted by the board in accordance with the joint air quality control board ordinances pursuant to the Air Quality Control Act, and the laws and regulations in effect pursuant to the Air Quality Control Act. L. “Breakdown or upset”means any sudden, infrequent, and not reasonably preventable failure of air pollution control equipment, or process equipment, which causes a process to not operate in a normal manner. Failures that are caused by process imbalance, poor maintenance or careless operation are not breakdowns. M. “Carbon monoxide” or “CO”means a colorless, odorless,poisonous gas composed of molecules containing a single atom of carbon and a single atom of oxygen with a molecular weight of 28.01 g/mole. N. “Chemical process”means any manufacturing processing operation in which one or more changes in chemical composition or chemical properties are involved. O. “Coal burning equipment”means any device used for the burning of coal for the primary purpose of producing heat or power by indirect heat transfer in which the products of combustion do not come into direct contact with other materials. P. “Commenced”means that an owner or operator has undertaken a continuous program of construction or that an owner or operator has entered into a binding agreement or contractual obligation to undertake and complete, within a reasonable time, a continuous program of construction or modification. Q. “Construction”means fabrication, erection, or installation of an affected facility. R. “Crematory”means any combustion unit designed and used solely for cremating human or animal remains or parts and tissues thereof, and other items normally associated with the cremation process, but not including pathological waste. S. “Department”means the Albuquerque environmental health department, which is the administrative agency of the Albuquerque - Bernalillo county air quality control board. T. “Director”means the administrative head of the Albuquerque environmental health department or a designated representative(s). U. “Emission limitation or standard”means a requirement established by EPA, the state implementation plan (SIP), the Air Quality Control Act, localordinance, permit, or board regulation, that limits the quantity, rate or concentration, or combination thereof, of emissions of regulated air pollutants on a continuous basis, including any requirements relating to the operation or maintenance of a source to assure continuous reduction. V. “EPA”means the United States environmental protection agency or the EPA's duly authorized representative. W. “Excess emissions”means the emission of an air contaminant, including a fugitive emission, in excess of the quantity, rate, opacity or concentration specified by an air quality regulation or permit condition. X. “Excess emissions report”means a report submitted by a stationary source at the request of the department in order to provide data on the source's compliance with emission limits and operating parameters. Y. “Federal act”, “act” or “CAA” means the Federal Clean Air Act, 42 U.S.C. Section 7401 through 7671 et seq., as amended. Z. “Federal class I wilderness areas”means areas designated by the EPA as such. Federal class I wilderness areas within 100 kilometers of Bernalillo county are Bandelier wilderness, Pecos wilderness, and San Pedro Parks wilderness. AA. “Fluid”means either of the two states of matter, liquid or gaseous. BB. “Fugitive emissions”means any emissions which cannot reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening or is not otherwise collected, unless the emission is otherwise regulated by the federal act, the Air Quality Control Act, or the laws and regulation in effect pursuant to the act. CC. “Greenhouse gases” or “GHGs”means the air pollutant defined in § 86.1818–12(a) of Chapter I of Title 40 of the CFR, as the aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. [CC

.] DD.“Grain”means that unit of weight, which is equivalent to 0.0648 grams.

### New Mexico Register / Volume XXI, Number 24 / December 30, 2010

20.11.1 NMAC 3 [DD

.] EE.“Hazardous air pollutant”means an air contaminant which has been classified pursuant to the federal act, the Air Quality Control Act, or laws and regulationsin effect pursuant to the act. [EE.] FF.“Hydrocarbons” or “HC”means any chemical compound of a class of aliphatic, cyclic, or aromatic chemical compounds containing mostly hydrogen and carbon. Hydrocarbons are highly reactive in the presence of nitrogen oxides and sunlight. All are precursors to more serious air pollutants such as ozone and nitrogen dioxide. [FF.] GG.“Hydrogen sulfide” or “H2

### S”means the chemical compoundcontaining two atoms of hydrogen and one of sulfur with a molecular weight of 34.07 g/mole. [GG.] HH.“Incinerator”means any furnace used in the process of burning solid waste for the purpose of reducing the volume, by removing combustible matter. [HH.] II.“Inedible animal by-product processing”means operations primarily engaged in rendering, cooking, drying, dehydration, digesting, evaporating or concentrating of animal proteins and fats. [II.] JJ.“Kraft mill”means any pulping process, which uses an alkaline solution for a cooking liquor. [JJ.] KK.“Lead” or “Pb”means a heavy metal, with a molecular weight of 207.19 g/mole that is hazardous to health if breathed or swallowed. [KK.] LL.“Malfunction”means any sudden and unavoidable failure of air pollution control equipment or process equipment beyond the control of the owner or operator, including malfunction during startup or shutdown. A failure that is caused entirely or in part by poor maintenance, careless operation, or any other preventable equipment breakdown shall not be considered a malfunction. [LL.] MM.“Modification”means any physical change in or change in the method of operation of a source that results in an increase in the potential emission rate of any regulated air contaminant emitted by the source or that results in the emission of any regulated air contaminant not previously emitted, but does not include: (1) a change in ownership of the source; (2) routine maintenance, repair or replacement; (3) installation of air pollution control equipment, and all related process equipment and materials necessary for its operation, undertaken for the purpose of complying with regulations adopted by the environmental improvement board or the local board or pursuant to the federal act; or (4) unless previously limited by enforceable permit conditions: (a) an increase in the production rate, if such increase does not exceed the operating design capacity of the source; (b) an increase in the hours of operation; or (c) use of an alternative fuel or raw material if, prior to January 6, 1975, the source was capable of accommodating such fuel or raw material, or if use of an alternate fuel or raw material is caused by any natural gas curtailment or emergency allocation or any other lack of supply of natural gas. [MM.] NN.“New source”means any stationary source, the construction or modification of which is commenced after the filing of a regulation applicable to the stationary source. [NN.] OO.“Nitrogen dioxide” or “NO2

### ”means a reddish brown, poisonous gas composed of molecules containing a single atom of nitrogen and two of oxygen with a molecular weight of 46.0 g/mole. [OO.] PP.“Nitrogen oxides or NOX

### ”is a class of chemicals containing varying quantities of nitrogen and oxygen that are created from combustion processes taking place at high temperatures and high pressures (e.g., inside automotive engine cylinders or in high temperature boilers). Examples of nitrogen oxides are NO, NO2

### , NO3

### , N2

### O2

### , and N2

### O5

### . Nitrogen oxides are also referred to as oxides of nitrogen. [PP.] QQ.“NMAC”means New Mexico administrative code, which contains the rules adopted by all rulemaking agencies of the state of New Mexico and the rules adopted by the A-BC AQCB. [QQ.] RR.“Open burning”means the combustion of any material without the following characteristics: (1) control of combustion air to maintain adequate temperature for efficient combustion; (2) containment of the combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion; and (3) emission controls for the gaseous combustion products. [RR.] SS.“Operator”means the person(s) responsible for the overall operation of a source. [SS.] TT.“Owner”means the person(s) who owns a source or part of a source. [TT.] UU.“Ozone or O3

### ”means a pungent, colorless gas com posed of molecules containing three atoms of oxygen with a molecular weight of 48.0 g/mole.

### New Mexico Register / Volume XXI, Number 24 / December 30, 2010

20.11.1 NMAC 4 [UU.] VV.“Part”means the required NMAC designation for the normal division of a chapter. A part consists of a unified body of rule material applying to a specific function or devoted to a specific subject matter. Structurally, a part is the equivalent of a rule. [VV.] WW.“Particulate matter” or “PM”means any airborne finely divided solid or liquid material such as dust, smoke, mist, fumes or smog found in air or emissions. [WW.] XX.“Particulate matter emissions”means all finely divided solid or liquid material, other than uncombined water, emitted to the ambient air as measured by the reference method in 40 CFR 60, Appendix A, Method 5, or an equivalent method approved by the EPA. [XX.] YY.“Pathological waste destructor” means any equipment, which is used to dispose of pathological waste by combustion or other process, which is approved by EPA. [YY.] ZZ.“Performance test” means the data, which is the result of a test performed as required by the department to determine compliance. [ZZ.] AAA.“Permit”means any permit or group of permits, modifications, renewals or revisions authorizing the construction or operation of a stationary source pursuant to the federal act, the Air Quality Control Act, or laws and regulations in effect pursuant to the act. [AAA.] BBB.“Permittee”means the owner or operator identified in any permit application or permit. [BBB.] CCC.“Person”means any individual, partnership, firm, public or private corporation, association, trust, estate, political subdivision or agency, or any other legal entity or their legal representatives, agents or assigns. [CCC.] DDD.“Photochemical oxidants”means an air pollutant, which is formed by the action of sunlight on oxides of nitrogen and hydrocarbons. [DDD.] EEE.“PM10 

### ”, “PM2.5 

### ”or “PM1

### ”means particulate matter with an aerodynamic diameter less than or equal to 10, 2.5, or 1 micrometers, respectively. [EEE.] FFF.“PM2.5

### emissions”means finely divided solid or liquid material with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers emitted into the ambient air asmeasured by the reference method in 40 CFR Part 50, Appendix L, approved by the EPA. [FFF.] GGG.“PM10

### emissions”means finely divided solid or liquid material with an aerodynamic diameter less than or equal to a nominal 10 micrometers emitted into the ambient air asmeasured by the reference method in 40 CFR Part 50, Appendix J and M, or equivalent method approved by the EPA. [GGG.] HHH.“Pollution control device” or “air pollution control equipment”means any device, equipment, process or combination thereof, the operation of which may limit, capture, reduce, confine, or otherwise control regulated air pollutants or convert for the purposes of control any regulated air pollutant to another form, another chemical or another physical state. This includes, but is not limited to, sulfur recovery units, acid plants, baghouses, precipitators, scrubbers, cyclones, water sprays, enclosures, catalytic converters, and steam or water injection. [HHH.] III.“Portable stationary source” or“temporary stationary source”means a stationary source capable of changing its location with limited dismantling or reassembly which is associated with a specific construction project or increased production demand. [III.] JJJ.“Potential to emit” or “pre-controlled emission rate”means the maximum capacity of a stationary source to emit any air contaminant under its physical and operational design. Any physical or operational limitation on the capacity of a source to emit an air pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation is federallyenforceable or is included in a permit issued by the department. However, the potential to emit for nitrogen dioxide shall be based on total oxides of nitrogen. [JJJ.] KKK.“Process equipment”means any equipment used for storing, handling, transporting, processing or changing any materials whatsoever but excluding that equipment specifically defined in these regulations as incinerators, crematories, pathological waste destructors, pathological destructors and medical waste destructors. [KKK.] LLL.“Process weight”means the total weight of all materials introduced into any specific process, which causes any discharge of air contaminants into the atmosphere. Solid fuels introduced into any specific process will be considered as part of the process weight, but liquid and gaseous fuels and combustion air will not. [LLL.] MMM.“Process weight rate”means the hourly rate derived by dividing the total process weight by the number of hours in one complete operation from the beginning of any given process to the completion thereof, or from the beginning to the completion of a typical portion thereof, excluding any time during which the equipment is idle.

### New Mexico Register / Volume XXI, Number 24 / December 30, 2010

20.11.1 NMAC 5 [MMM. [Reserved]] NNN. “Regulated air pollutant”means the following: (1) any pollutant for which a national, state, or local ambient air quality standard has been promulgated; (2) any pollutant that is subject to any standard promulgated under Section 111 of the federal act; (3) any Class I or II substance subject to any standard promulgated under or established by Title VI of the federal act; or (4) any pollutant subject to a standard promulgated under Section 112 or any other requirements established under Section 112 of the federal act. OOO. “Responsible official”means one of the following: (1) for a corporation:a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for, or subject to a permit and either: (a) the facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in secondquarter 1980 dollars); or (b) the delegation of authority to such representatives is approved in advance by the department; (2) for a partnership or sole proprietorship:a general partner or the proprietor, respectively; (3) for a municipality, state, federal or other public agency:either a principal executive officer or ranking elected official; for the purposes of 20.11.1 NMAC, a principal executive officer of a federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a regional administrator of EPA); or (4) for an acid rain source: (a) the designated representative (as defined in Section 402(26) of the federal act) in so fa r as actions, standards, requirements, or prohibitions under TitleIV of the federal act or the regulations promulgated thereunder are concerned; and (b) the designated representative for any other purposes under 40 CFR Part 70. PPP. “Shutdown”means the cessation of operation of any air pollution control equipment, or process equipment. QQQ.[Reserved] RRR. [Reserved] SSS. “Smoke”means small gas-borne particles resulting from incomplete combustion, consisting predominantly, but not exclusively, of carbon, soot and combustible material. TTT. “Solid waste”means garbage; refuse; yard waste; food wastes; plastics; leather; rubber; sludge; and other discarded combustible or noncombustible waste, including solid, liquid, semisolid; or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community or residential activities, and from waste treatment plants, water supply treatment plants, or air pollution control facilities; but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permit under Section 402 of the Federal Water Pollution Control Act, or source, special nuclear, or byproduct material as defined by the Atomic Energy Act. UUU.[Reserved] VVV. “Stack, chimney, vent, or duct”means any conduit or duct emitting particulate or gaseous emissions into the open air. WWW. “Standard conditions”means the conditions existing at a temperature of 70o

### F (25o

### C) and pressure of 14.7 psia (760 mmHg). XXX. “Standard cubic foot”means a measure of the volume of one cubic foot of gas at standard conditions. YYY. “Startup” means setting into operation any air pollution control equipment, or process equipment. ZZZ. “Stationary source”means any building, structure, facilityor installation, which is either permanent or temporary, excluding a private residence, that emits or may emit any regulated air pollutant or any pollutant listed under Section 112(b) of the federal act, the Air Quality Control Act, or the laws and regulations in effect pursuant to the act. Several buildings, structures, facilities, or installations, or any combinations will be treated as a single stationary source if they belong to the same industrial grouping, are located on one or more

### New Mexico Register / Volume XXI, Number 24 / December 30, 2010

20.11.1 NMAC 6 contiguous or adjacent properties, and are under the control of the same person, or persons, or are under common control. Pollutant-emitting activities shall be treated as the same industrial grouping if they have the same first two digits of an applicable standard industrial classification (SIC) code as described in the standard industrial classification manual, or if they have the same first three digits of an applicablenorth american industry classification system (NAICS) code. AAAA. “Sulfur dioxide” or “SO2

### ”means a pungent, colorless, poisonous gas composed of molecules containing a single atom of sulfur and two atoms of oxygen with a molecular weight of 64.07 g/mole. BBBB. “Total reduced sulfur”means any combination of sulfur compounds, except sulfur dioxide and free sulfur, which test as reduced sulfur, including, but not limited to, hydrogen sulfide, methyl mercaptan, and ethyl mercaptan. CCCC. “Total suspended particulate” or “TSP”means particulate matter as measured by the method described in 40 CFR Part 50, Appendix B. DDDD. “Vapors”means the gaseous form of a substance, which exists in the liquid or solid state at standard conditions. EEEE. “Visible emission”means an emission that can be seen because its opacity or optical density is above the threshold of vision. FFFF. “Volatile organic compounds” or “VOC”means any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic car bides or carbonates, and ammonium carbonate, which participates in atmospheric photochemical reactions. (1) VOC includes any such organic compound other than the following, which have been determined to have negligible photochemical reactivity: methane; ethane; methylene chloride (dichloromethane); 1,1,1-trichloroethane (methyl chloroform); 1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113); trichlorofluoromethane (CFC11); dichlorodifluoromethane (CFC-12); chlorodifluoromethane (HCFC-22); trifluoromethane (HFC-23); 1,2- dichloro 1,1,2,2-tetrafluoroethane (CFC-114); chloropentafluoroethane (CFC-115); 1,1,1-trifluoro 2,2- dichloroethane (HCFC-123); 1,1,1,2-tetrafluoroethane (HFC-134a); 1,1-dichloro 1-fluoroethane (HCFC-141b); 1- chloro 1,1-difluoroethane (HCFC-142b); 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124); pentafluoroethane(HCFC-125); 1,1,2,2-tetrafluoroethane (HFC-134); 1,1,1-trifluoroethane (HFC-143a); 1,1-difluoroethane (HFC152a); parachlorobenzotrifluoride (PCBTF); cyclic, branched, or linear completely methylated siloxanes; acetone;perchloroethylene (tetrachloroethylene); 3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC–225ca); 1,3-dichloro1,1,2,2,3-pentafluoropropane (HCFC–225cb); 1,1,1,2,3,4,4,5,5,5-decafluoropentane(HFC 43–10mee); difluoromethane(HFC–32); ethylfluoride (HFC–161); 1,1,1,3,3,3-hexafluoropropane (HFC–236fa); 1,1,2,2,3- pentafluoropropane (HFC–245ca); 1,1,2,3,3-pentafluoropropane (HFC–245ea); 1,1,1,2,3-pentafluoropropane (HFC– 245eb); 1,1,1,3,3-pentafluoropropane (HFC–245fa); 1,1,1,2,3,3-hexafluoropropane (HFC–236ea); 1,1,1,3,3- pentafluorobutane (HFC–365mfc); chlorofluoromethane (HCFC–31); 1 chloro-1-fluoroethane (HCFC–151a); 1,2- dichloro-1,1,2-trifluoroethane (HCFC–123a); 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4

### F9

### OCH3

### or HFE7100); 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3

### )2

### CFCF2

### OCH3

### ); 1-ethoxy1,1,2,2,3,3,4,4,4-nonafluorobutane (C4

### F9

### OC2

### H5

### or HFE-7200); 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3- heptafluoropropane ((CF3

### )2

### CFCF2

### OC2

### H5

### ); methyl acetate; 1,1, 1,2,2,3,3-heptafluoro-3-methoxy-propane (nC3

### F7

### OCH3

### or HFE-7000); 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane (HFE-7500); 1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea); methyl formate (HCOOCH3

### ); 1,1,1,2,2,3,4,5,5,5-decafluoro-3- methoxy-4-trifluoromethyl-pentane (HFE-7300); propylene carbonate; dimethyl carbonate; and perfluorocarbon compounds which fall into these classes: (a) cyclic, branched, or linear, completely fluorinated alkanes; (b) cyclic, branched, or linear, completely fluorinated ethers with no unsaturations; (c) cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and (d) sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine. (2) For purposes of determining compliance with emissions limits, VOC will be measured by the test methods in the approved state implementation plan (SIP) or 40 CFR Part 60, Appendix A, as applicable. Where such a method also measures compounds with negligible photochemical reactivity, these negligibility-reactive compounds may be excluded as VOC if the amount of suchcompounds is accurately quantified, and such exclusion is approved by the enforcement authority. (3) As a precondition to excluding these compounds as VOC or at any time thereafter, the enforcement authority may require an owner or operator to provide monitoring or testing methods and results

### New Mexico Register / Volume XXI, Number 24 / December 30, 2010

20.11.1 NMAC 7 demonstrating, to the satisfaction of the enforcement authority, the amount of negligibly-reactive compounds in the source’s emissions. (4) For purposes of federal enforcement for a specific source, the EPA shall use the test methods specified in the applicable EPA-approved SIP, in a permit issued pursuant to a program approved or promulgated under Title V of the act, or under 40 CFR Part 51, Subpart I or Appendix S, or under 40 CFR Parts 52 or 60. TheEPA shall not be bound by any state determination as to appropriate methods for testing or monitoring negligiblyreactive compounds if such determination is not reflected in any of the above provisions. (5) The following compound(s) are VOC for purposes of all recordkeeping, emissions reporting, photochemical dispersion modeling and inventory requirements which apply to VOC and shall be uniquely identified in emission reports, but are not VOC for purposes of VOC emissions limitations or VOC content requirements: t-butyl acetate. (6) For the purposes of determining compliance with California's aerosol coatings reactivity-based regulation, (as described in the California Code of Regulations, Title 17, Division 3, Chapter 1, Subchapter 8.5, Article 3), any organic compound in the volatile portion of an aerosol coating is counted towards that product's reactivity-based limit. Therefore, the compounds identified in Subsection FFFFof 20.11.1.7 NMAC as negligibly reactive and excluded from EPA's definition of VOCs are tobe counted towards a product's reactivity limit for the purposes of determining compliance with California's aerosol coatings reactivity-based regulation. (7) For the purposes of determining compliance with EPA’s aerosol coatings reactivity based regulation (as described in 40 CFR Part 59 - National Volatile Organic Compound Emission Standards for Consumer and Commercial Products) any organic compound inthe volatile portion of an aerosol coating is counted towards the product’s reactivity-based limit, as provided in 40 CFR Part 59, Subpart E. Therefore, the compounds that are used in aerosol coating products and that are identified in Subsection FFFF of 20.11.1.7 NMAC as negligibly reactive and excluded from EPA’s definition of VOC are to be counted towards a product’s reactivity limit for the purposes of determining compliance with EPA’ s aerosol coatings reactivity-based national regulation, as provided in 40 CFR Part 59, Subpart E. GGGG. “Measurements, abbreviations. and acronyms” A-BC AQCB-Albuquerque - Bernalillo county air quality control board ABT-averaging, banking and trading (program) AIRS-aerometric information retrieval system AMPA-Albuquerque metropolitan planning area API-American petroleum institute AQIA-air quality impact assessment AQI-air quality index AQS-air quality services ASE-national institute for automotive service excellence ASTM-American society for testing and materials ATS-allowance tracking system BACT-best available control technology Bhp-brake horsepower Btu-British thermal unit C-Celsius CAA(A)-federal Clean Air Act (Amendments) CEM-continuous emission monitor CFC(s)-chlorofluorocarbon(s) cfh-cubic feet per hour cfm-cubic feet per minute CFR-code of federal regulations CO2

### -carbon dioxide. CO-carbon monoxide. COG-mid-region council of governments CMAQ-congestion mitigation and air quality cu. in.-cubic inch(es) DER-discrete emission reduction DOE-department of energy DOT-U.S.department of transportation DPM-development process manual

### New Mexico Register / Volume XXI, Number 24 / December 30, 2010

20.11.1 NMAC 8 DRB-development review board EA-environmental assessment EHD-environmental health department EI-emission inventory EIS-environmental impact statement EPA-U.S. environmental protection agency EPC-environmental planning commission ERC-emission reduction credit F-Fahrenheit FHWA-federal highway administration, DOT FMVCP-federal motor vehicle control program FR-federal register ft.-feet FTA-federal transit administration, DOT g-gram(s) g/mole-grams per mole gal-U.S. gallon(s) GVW-gross vehicle weight GVWR-gross vehicle weight rating h-hour(s) HAP-hazardous air pollutants HC-hydrocarbon(s) Hg-mercury hp.-horsepower I/M-inspection/maintenance in.-inch(es) ISTEA-Intermodal Surface-Transportation Efficiency Act (see SAFETEA-LU) K-Kelvin kg-kilogram(s) km-kilometer(s) kPa-kilopascal(s) lb.-pound(s) lb/day-pounds per day lb-ft-pound-feet lb/hr-pounds per hour lb/yr-pounds per year LAER-lowest achievable emission rate LNG-liquefied natural gas LPG-liquefied petroleum gas LRTP-long range transportation plan

m-meter(s) MACT-maximum achievable control technology

max.-maximum MCO-manufacturer's certificate of origin μg-microgram μg/m3

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

### -milligram per cubic meter mi.-mile(s) min-minute(s) ml-milliliter(s)

mm-millimeter(s) MMBtu-million Btu mmHg-millimeters of mercury mph-miles per hour MPO-metropolitan planning organization

### New Mexico Register / Volume XXI, Number 24 / December 30, 2010

20.11.1 NMAC 9 MRCOG-mid-region council of governments MSERC-mobile source emission reduction credits MSMTC-mobile source modeling technical committee MTBE-methyl tertiary butyl ether MVD-motor vehicle division MWe-megawatt electrical N2

### -nitrogen NAAQS-national ambient air quality standards NAMS-national air monitoring station NCore-national core multi-pollutant monitoring network NDIR-NonDispersive InfraRed NEPA-National Environmental Policy Act NESCAUM/MARAMA-northeast states for coordinated air use management/mid-atlantic regional air management association NESHAP-national emission standards for hazardous air pollutants NIST-national institute of standards and technology NM-New Mexico NMAC-New Mexico administrative code NMSA-New Mexico statutes annotated NO-nitric oxide NO2

### -nitrogen dioxide NOx-oxides of nitrogen No-number NOV-notice of violation NMHC-non-methane hydrocarbons NSPS-new source performance standards NSR-new source review O2

### -oxygen O3

### -ozone OMTR-open market trading rule OTAG-ozone transport assessment group OTC-ozone transport commission Pb-lead PIC-public involvement committee PM-particulate matter PM2.5

### -particulate matter less than 2.5 microns PM10

### -particulate matter less than 10 microns ppm-parts per million by volume ppm C-parts per million, carbon PSD-prevention of significant deterioration psi-pounds per square inch psia-pounds per square inch absolute psig-pounds per square inch gauge PTE-potential to emit PWD-pathological waste destructor QF-qualifying facility R-Rankin RACT-reasonably available control technology R&D-research & development RECLAIM-regional clean air incentives market ROG-reactive organic gases rpm-revolutions per minute RTA-regional transit authority RTC-RECLAIM trading credit RVP-reid vapor pressure

s-second(s)

### New Mexico Register / Volume XXI, Number 24 / December 30, 2010

20.11.1 NMAC 10 SAE-society of automotive engineers SAFETEA-LU-The Safe, Accountable, Flexible, Efficient Transportation Equity Act - A Legacy for Users SBAP-small business assistance program scf -standard cubic foot SI-international system of units SIP-state implementation plan SLAMS-state and local air monitoring station SMOG-SMoke + fOG SO2

### -sulfur dioxide State DOT-New Mexico department of transportation STIP-state transportation improvement program TCC-transportation coordinating committee TCM-transportation control measure TES-transportation evaluation study TIP-transportation improvement program TMA-transportation management association ton/yr-tons per year TPTG-transportation program task group tpy-tons per year TSP-total suspended particulate UPWP-unified planning work program UTPPB-urban transportation planning policy board U.S.-United States UV-ultraviolet VE-visible emission(s) VIN-vehicle identification number VMT-vehicle miles traveled VOC-volatile organic compounds VPMD-vehicle pollution management division %-percent

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### -degree(s) [3/21/77. . .11/12/81, 11/21/81, 3/16/89, 6/16/92, 2/26/93, 9/23/94, 12/16/94, 12/1/95, 8/1/96; 20.11.1.7 NMAC - Rn, 20 NMAC 11.01.I.7, 10/1/02; A, 7/1/04; A, 9/14/09; A, 1/10/11]