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## lD1GOEC 29 PH 2: II 

# State ofNew Mexicd<' Office 

# of die <governor Bill Richardson 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 ofan amended 20.11.1 NMAC, General Provisions, and 20.11.61 NMAC, Prevention of SignificantDeterioration, and 20.11.42, Operating Permits, as an update to the Title V Program
Dear Dr. Armendariz,
As provided by 40 CFR Part 51, Appendix V, I am writing to request approval ofthe attached documentation, which will serve as the basis for a revision to the SIP for New Mexico. Specifically, I am transmitting an amended 20.11.1 NMAC, General Provisions, and an amended 20.11.61 NMAC, Prevention of SignificantDeterioration. In addition, I am requesting approval ofan update to the Title V Program through the incorporation ofan amended 20.11.42 NMAC, Operating Permits. All three ofthese rules apply exclusively to Bernalillo County, New Mexico.
The Albuquerque-Bernalillo County Air Quality Control Board (AQCB) amended 20.11.1 NMAC, General Provisions, 20.11.61 NMAC, Prevention ofSignificant Deterioration, and 20.11.42 NMAC, Operating Permits on December 8, 2010, after a public comment period and corresponding public hearing held the same evening. These regulations were filed with the New Mexico State Records Center on December 10, 2010, and become effective locally on January 10, 2011. We believe that the submitted materials provide adequate documentation to support the requested 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 SignificantDeterioration 

### and 20.11.42 NMAC, Operating Permits 

### 5) Other supporting documentation

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

Bill Richardson Governor ofNew Mexico

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

# ATTACHMENT D

AttachmentD is a copy of the Notice of Intent to testifY, including exhibits,filed on November 19, 

### 1010 and exhibit(s)filedon December8,1010.

### BEFORE THE ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD

AQCB Petition No. 2010-4
Air Quality Division, Environmental Health Department, City ofAlbuquerque, Petitioner 'J "



### CITY OF ALBUQUERQUE'S NOTICE OF INTENT TO PRESENT TECHNICAL TESTIMONY
Pursuant to 20.11.82 NMAC, RulemakingProcedures

- Air Quality Control Board, 

### The City ofAlbuquerque Environmental Health Department, Air Quality Division ("the Division") hereby submits its Notice ofIntent to present technical testimony in this proceeding.



## 1. The penon for whom the witness will testify. City ofAlbuquerque Environmental Health Department, Air Quality Division
2. The name and qualifications ofeach technical witness.
Neal T. Butt. Environmental Health Scientist, Control Strategies Section, Air Quality
Division. M.S. Biology (Wildlife Biology), University ofNorth Dakota; B.S. Biology (Zoology), University ofNew Mexico; AA.S. Criminal Justice, Central New Mexico Community College; A.AS. Environmental Protection Technology, CNM; WERC Waste Management Certificate, UNM Chemical & 

### Nuclear Engineering Department. Employed by the City ofAlbuquerque's Environmental Health Department for 13 

## + years; the last nine ofwhich
Notice ofIntent Page I of7

### have been in the Air Quality Division. Chiefresponsibility is the promulgation ofair quality regulations for implementation within the County ofBernalillo.

Isreal Tavarez. Environmental Engineering Manager, Air Quality Division.
M.S. Chemical Engineering, New Mexico State University; B.S. Chemical Engineering, NMSU. Registered Professional Engineer (New Mexico). Employed by the City ofAlbuquerque's
Environmental Health Department, Air Quality Division for 13 

## + years. Previously employed by
the State ofNew Mexico, Air Quality Bureau (1994-1996).

Dario Rocha. Supervisor, Permitting and Technical Analysis Section, Air Quality
Division. B.S. Mechanical Engineering, New Mexico State University. Employed by the City
ofAlbuquerque's Environmental Health Department, Air Quality Division for 9 

## + years. Previously employed by the State ofNew Mexico, Air Quality Bureau (1997-2000). Chief responsibility is to supervise Permitting and Technical Analysis Section.

3. Summary and Estimated Duration ofTestimony
Mr. Butt's written testimony is attached as AQD Exhibit # 5. Mr. Butt will testifY that
this revision to the SIP should be approved.
The proposed amendments are required pursuant to the Prevention of Significant Deterioration 

### (PSD) & 

### Title VGreenhouse Gas 

### (GHG) Tailoring Rule 

### which became effective August 2, 2010 [FR 6/3/10, Vol. 75, No. 106,31514-31608], which "tailors" permitting requirements to ensure that only the largest sources ofGHG-facilities are required to obtain air permits for GHGs. Potential sources in Bernalillo County include power plants, refineries,
cement manufacturing, etc. In addition, language found at 20.11.42.12.A.(2) NMAC, Timely



### Notice ofIntent Page 2 of7

### Application, has been deleted to conform to 40 CFR 70.5, PermitApplications, and 20.2.70 NMAC, Operating Permits (State ofNew Mexico).

The Clean Air Act (CAA) PSD and Title V permitting thresholds (triggers) for criteria pollutants (lead, sulfur dioxide, nitrogen dioxide, carbon monoxide, ozone and particulate matter) are 100 and 250 tons per year (tpy) respectively, depending upon the type ofemissions. Although these thresholds are appropriate triggers for criteriapollutant permits, they are too low for an effective permit trigger for GHG emissions because GHGs are emitted in significantly greater volumes (i.e. 75,000-100,000 tpy).

Under existing federal law, unless states and local agencies adopt the Tailoring Rule amendments by January 2, 2011, stationary sources that emit as little as 100 or 250 tpy ofGHGs will automatically trigger (require) complex new Title V permits or PSD permits (that require best available control technology or "BACT"). This has the potential to affect many sources within Bernalillo County, including sources that otherwise would only be required to obtain minor source permits (e.g., 20.11.41 NMAC, Authority-to-Construct) or no permit at all.

Step I ofthe Tailoring Rule (1/2/11-6/30/11): PSD 

### permits: no new Tailoring Rule permitting actions will be triggered based solely on GHG emissions. Only sources taking permitting actions "anyway" for other pollutants must also address GHGs under the Tailoring Rule; the "anyway"

sources will be subject to PSD requirements only ifthe sources increase GHG emissions by 75,000 tpy C02e or more. Title V permits: Only sources that have already have Title V permits, or that must obtain a new Title V permit for non-GHG pollutants must address GHGs in Step 1.



### Step 2 ofthe Tailoring Rule (7/1/11-6/30/13): PSD 

### permits: GHG sources that emit orhave potential to emit at least 100,000 tpy C02e will be subject to PSD requirements. Ifa physical change or a change in the method ofoperation at a 100,000 tpy C02e source will result in a net GHG increase by at least 75,000 tpy C02e, the source also will be subject to PSD permitting. 

### Title V permits: Sources subjectto GHG permittingunder Step I will continue to be subject to

Notice ofIntent Page 3 of7

### GHG pennitting requirements under Step 2. GHG sources that emit orhave potential to emit at least 100,000 tpy C02e will be subject to Title V requirements.

Step 3, PSD and Title V: In the Tailoring Rule, EPA commits to complete another rulemaking by 7/1/12, after soliciting comment on streamlining and exclusion ofcertain sources. Step 3 will
not require pennitting ofsources with GHG emissions less than 50,000 tpy C02 e before 4/30/16. Mr. Butt's testimony is anticipated to take approximately 30 minutes.

4. Text ofRecommended Revisions to the New Mexico State Implementation Plan


### The Division recommends adoption ofthe proposed amendments to 20.11.61 NMAC, Prevention of SignificantDeterioration; 

### 20.11.42 NMAC, Operating Permits; 

### and
20.11.1 NMAC, General Provisions, 

### as proposed in the Public Review Drafts, shown as AQD
Exhibits #Ia, #1 band #Ic respectively, which are attached to the Petition to Amend, filed September28, 20I0, shown as AQD Exhibit # I, and as amended by the StaffProposed Floor
Amendments shown as AQD Exhibit #7.

5. List and Description ofExhibits
The Division has attached the following exhibits to this Notice oflntent:
Exhibit Number

AQD Exhibit I Title ofExhibit

Petition to Amend 20.1\.61 NMAC, Prevention of Significant
Deterioration; 

### 20.11.42 NMAC, OperatingPermits; 

### and 20.11.1 NMAC,
GeneralProvisions



### Notice ofIntent Page 4 of7

### AQD Exhibit la

AQD Exhibit Ib

AQD Exhibit Ie Public Review Draft 20.11.61 NMAC, Prevention of Significant
Deterioration 

### {attached to AQD Exhibit I}
Public Review Draft 20.11.42 NMAC, Operating Permits 

### {attached to AQD Exhibit I}
Public Review Draft 20.11.1 NMAC, General Provisions 

### {attached to AQD Exhibit I}

AQD Exhibits 

### 2a/b/c Notice ofProposed Rulemaking: Albuquerque Journal, 

### 10/17/10 {2a};
NM Register, 

### 10/29/1 0 {2b}; and the Air Quality Announce List Serve {2c}

AQD Exhibit 

### 3a/b/c EPA Correspondence: Dr. Armendariz, Regional Administrator, EPA Region VI to EHD Director Mary Lou Leonard, 

### 7/16/10 {3a}; Dr.
Amendariz to Director Leonard, 

### 9/2/1 0 {3b}; Director Leonard to Dr Armendariz, 

### 9/17/10 {3c}

AQD Exhibit 4

AQD Exhibit 5

AQD Exhibit 6

AQD Exhibit 7 Public Comments: Chavez, 

### 9/29/10 {4a}

Direct Testimony

Draft Agenda

StaffProposed Floor Amendments

Notice ofIntent Page 5 of7

### 6. Reservation ofRights


### This Notice ofintent to Present Technical Testimony is based on the Division's Petition.
The Division reserves the right to call any person to testify and to present any exhibit in response

to another notice ofintent orpublic comment filed in this matter or to any testimony or exhibit
offered at the public hearing. The Division also reserves the right to call any person as a rebuttal
witness and to present any exhibit in support thereof.

Respectfully submitte

Neal Butt Environmental Health Scientist Air Quality Division Environmental Health Department One Civic Plaza, NW, Suite 3023 Albuquerque, New Mexico 87103 (505) 768-2660

Notice ofintent Page 6 of7

### CERTIFICATION



### I hereby certify that on November 19, 2010, an original and nine copies ofthis Notice ofintent to present technical testimony (NOI), with attached exhibits were delivered to the following person for filing.
Janice Wright Air Quality Control Board Liaison I 

### Hearing Clerk Environmental Health Department One Civic Plaza, NW, Room 3023 Albuquerque, New Mexico 87103
And that on November 19, 20I0, a copy ofthis NOI with attached exhibits was sent to the Attorney for the Board, Bill Grantham, at the following e-mail address:

Neal Butt Environmenta ealth Scientist Air Quality Division Environmental Health Department Bil1.grantham@state.nm.us

Notice oflntent Page 7 of7

# ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD PUBLIC HEARING

Amendments to 20.11.61 NMAC, 

# Prevention of SignificantDeterioration; 20.11.42 NMAC, 

# Operating Permits; and 20.11.1 NMAC, 

# General Provisions. The Amendments to 20.11.42 NMAC Are Proposed As a Revision to the Title V Operating Permit Program, and the Amendments to 20.11.61 NMAC and 20.11.1 NMAC Are Proposed As a Revision to the State Implementation Plan For Air Quality (SIP)


# December 8,2010
Exhibits

### : 

# ,...**·lfk'l~·**

,

## ~"Jr .

## _.-:..~;; ;**~!'** 

### . ," 

# , 'r..

. I M • ""**~/,\'~~', ~-'**  ',t,> 1 

### ","?:,;. .'. ,"

•• r/

.. :, I", • AQO Ex. #1-Petitlon to Amend 20.11.61 NMAC, Prevention ofSigniflcant Deterioration; 20.11.42 NMAC. Operation Permits; 20.11.1 NMAC, General Provisions (11-19-10). #1a. -PROs for 20.11.61 NMAC, Prevention ofSigniflcant Deterioration; #1 b-20.11.42 NMAC, Operation Permits; #1 c-20.11.1 NMAC, General Provisions



### AQD Ex. #2a-ABQ Journal Legal Ad (10-17-10), #2b-New Mexico Register Legal Ad (1**0~29-1** 

### 0). #2c-Legal Ad Sent to LlstServe (10-14-10)

AQO Ex. #3a-EPA Correspondence Or. Armendariz, Regiona Administrator, EPA Region VI to DHO Director leonard (7-16-10), #3I>-Dr. Amendariz to Director leonard (9-2-10). #3c-Dlrector leonard to Dr. Armendariz (9-17-10)

AQD 

### .Ex. #4a·Public Comments: Chavez (9-29-10)



### AQO Ex. #5-Direct Testimony

AQO Ex.#6-AQCB Draft Agenda (12-8-10)

AQO Ex. #7-Staff Proposed Floor Amendments



### AQD Ex. #8-EPA Comment Letter (11-19-10)



### AQD Ex. #9-EPA Proposed Floor Amendments

### ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD . : ':-1 r'; ; ('-, i**:.~~,.** 

### IN THE MATTER OF THE PETITION TO AMEND 20.11.61 NMACf-r, c._, 

### PREVENTION OF SIGNIFICANT DETERIORATION; 

### 20.11.42 NMAC; OPERA TING PERMITS; 

### AND 20.11.1 NMAC, GENERAL PROVISIONS. 

### THE AMENDMENTS TO 20.11.42 NMAC ARE PROPOSED AS A REVISION TO Tiffi TITLE V OPERATING PERMIT PROGRAM, AND THE AMENDMENTS TO L..

-- 

### 20.11.61 NMAC AND 20.11.1 NMAC ARE PROPOSED AS A REVISION TO THE

# ~. NEW MEXICO STATE IMPLEMENTATION PLAN FOR AIR QUALITY (SIP). AQCB Petition No. 2010-4
Air Quality Division, Environmental Health Department, City ofAlbuquerque, Petitioner

Petition to Amend 20.11.61 NMAC, Prevention Of SignificantDeterioration; 20.11.42 

### NMAC, Operating Permits; 

### and 20.11.1 NMAC, General Provisions. 

### The Amendments to 20.11.42 NMAC Are Proposed As a Revision to the Title V Operating Permit Program, and the Amendments to 20.11.61 NMAC and 20.11.1 NMAC Are Proposed As a Revision to the New Mexico State Implementation Plan for Air Quality (SIP)

The Environmental Health Department ofthe City ofAlbuquerque, by and through the Air Quality Division (AQD), asks the Albuquerque-Bernalillo County Air Quality Control Board (Air Board) for a hearing at which the Air Board will hear the Air Quality Divisions' request to adopt amendments to 20.11.61 NMAC, Prevention Of Significant Deterioration; 20.11.42 NMAC, Operating Permits; and 20.11.1 NMAC, General Provisions. The Amendments to 20.11.42 NMAC will be submitted to EPA as a revision to the Title V Operating Permit Program, and the Amendments to 20.11.61 NMAC and 20.11.1 NMAC will be submitted to EPA as a revision to the SIP. This Petition includes a request for a hearing on these matters and permission to provide a court reporter and hearing officer for the hearing. As grounds, Petitioner states the following: 1. 

### The New Mexico Air Quality Control Act (Air Act), NMSA 1978, Sections 74-2-4 and 74-2-5.B(l) [1967 as amended through 2007] authorizes and requires the Air

I

### Board to adopt, amend, or replace air quality regulations and to adopt air quality plans (SIPs) under NMSA 1978, Section 74-2-5.B(2). 2. The proposed amendments are required pursuant to the Prevention of SignificantDeterioration (PSD) & 

### Title VGreenhouse Gas (GHG) Tailoring Rule [FR 6/3/10, Vol. 75, No. 106,31514-31608], which "tailors" permitting requirements to

ensure only the largest sources ofGHG-facilities must obtain air permits for GHGs. Potential sources in Bernalillo County include power plants, refineries, cement manufacturing, etc. In addition, language found at 20.11.42.12.A.(2) NMAC, Timely Application, has been deleted to conform to 40 CFR 70.5, PermitApplications, and 20.2.70 NMAC, Operating Permits (State ofNew Mexico).

The Clean Air Act (CAA) PSD and Title V permitting thresholds (triggers) for criteria pol1utants (lead, sulfur dioxide, nitrogen dioxide, carbon monoxide, ozone and particulate matter) are 100 and 250 tons per year (tpy) respectively, depending upon the type of emissions. Although these thresholds are appropriate triggers for criteria pollutant permits, they are too low for an effective permit trigger for GHG emissions because GHGs are emitted in significantly greater volumes (i.e. 75,000-100,000 tpy).

Under existing federal law, unless states and local agencies adopt the Tailoring Rule amendments by January 2, 2011, stationary sources that emit as little as 100 or 250 tpy of GHGs will automatically trigger (require) complex new Title V permits or PSD permits (that require best available control technology or "BACT"). This has the potential to affect many sources within Bernalillo County, including sources that otherwise would only be required to obtain minor source permits (e.g., 20.11.41 NMAC, Authority-toConstruct) or no permit at all.

Step I ofthe Tailoring Rule (1/2/11-6/30/11): 

### PSD permits: no new Tailoring Rule permitting actions will be triggered based solely on GHG emissions. Only sources taking permitting actions "anyway" for other pollutants must also address GHGs under the Tailoring Rule; the "anyway" sources will be subject to PSD requirements only ifthe

sources increase GHG emissions by 75,000 tpy COze or more. Title V permits: Only

2

### sources that have already have Title V pennits, or that must obtain a new Title V pennit for non-GHG pollutants must address GHGs in Step I.

Step 2 ofthe Tailoring Rule (7/1/11-6/30/13): PSD permits: GHG sources that emit or have potential to emit at least 100,000 tpy C02e will be subject to PSD requirements. Ifa physical change or a change in the method ofoperation at a 100,000 tpy C02e source will result in a net GHG increase by at least 75,000 tpy C02e, the source also will be subject
to PSD pennitting. 

### Title V permits: Sources subject to GHG pennitting under Step I will continue to be subject to GHG pennitting requirements under Step 2. GHG sources that emit or have potential to emit at least 100,000 tpy C02e will be subject to Title V requirements.

Step 3, PSD 

### and Title V: In the Tailoring Rule, EPA commits to complete another rulemaking by 7/1/12, after soliciting comment on streamlining and exclusion ofcertain

sources. Step 3 will not require pennitting ofsources with GHG emissions less than 50,000 tpy C02e before 4/30/16.

3. It 

### is anticipated that the hearing will take approximately I hour or less.

4. The proposed Public Review Drafts of20.11.61 NMAC, Prevention of SignificantDeterioration; 20.11.42 NMAC, Operating Permits; and 20.11.1 NMAC, General Provisions, are attached as AQD Exhibits #Ia, Ib, & 

### Ic respectively.

3

### Respectfully submitted,

Mar Lo L nard Dir cto , Environmental Health Department Cit 0 

### Albuquerque One Civic Plaza, NW, Room 3047 Albuquerque, New Mexico 87103 (505) 768-1965



### CERTIFICATION [ hereby certify that a copy ofthis Petition to Amend 20.11.61 NMAC, 

### Prevention Of SignificantDeterioration; 20.11.42 NMAC, 

### Operating Permits; and 20.11.1 NMAC, 

### GeneralProvisions, was delivered to the following person on September 28, 2010.
Janice Wright Air Quality Control Board Liaison Environmental Health Department One Civic Plaza, NW, Room 3023 Albuquerque, New Mexico 87103



### 420.11.61.4 DURATION: Permanent. [20.1 L6\.4 NMAC

- Rp, 20.1 L6L4 NMAC, 1/23/06]
20.11.61.5 EFFECTIVE DATE: January 23, 2006, unless a later date is cited at the end ofa section or paragraph. [20.1 L6L5 NMAC

- Rp. 20.1 L61.5 NMAC, 1/23/06] 20.11.61.3 STATUTORY AUTHORITY: 20.1\.61 NMAC is adopted pursuant to the authority provided in the New Mexico Air Quality Control Act, NMSA 1978 Sections 74-2-4 and 74-2-5; the Joint Air Quality Control Board Ordinance; Bernalillo county Ordinance No. 94-5, Sections 4 and 5; and the Joint Air Quality Control Board Ordinance. Revised Ordinances ofAlbuquerque 1994 Sections 9-5-1-3 and 9-5-1-4. [20.1 L61.3 NMAC

- Rp, 20.1 L61.3 NMAC, 1/23/06] '.1 '1 )I ) ENVIRONMENTAL PROTECTION ", , ALBUQUERQUE·BERNALILLO COUNTY AIR QUALITY CONTROL BOARD ,) PREVENTION OF SIGNIFICANT DETERIORATION '. 20,11,61.1 ISSUING AGENCY: Albuquerque

- Bernalillo County Air Quality Control Board, P,O, ,Box" 1293, Albuquerque, NM 87103, Telephone: (505)768-260L 

## \r:;'. [20, IL6Ll NMAC

- Rp, 20, IL6Ll NMAC, 1/23/06; A, 8/30/10] C 1 20,1l.61.2 SCOPE: Any person constntcting any new major stationary source or major modification, as delined in 20,11,61 NMAC, that emits or will emit regulated new source review pollutants in an attainment or unclassifiable area shall obtain a permit from the department in accordance with the requirements of20, 11 A I NMAC, Authority-lo-Construct, and 20, I L61 NMAC prior to the constntction or modification. A. Exempt: (I) sources within Bernalillo county which are located on Indian lands over which the AlbuquerqueBernalillo county air quality control board lacksjurisdiction; (2) eachregulated new source review pollutant emitted by a source or modification located in a nonattainment area for that pollutant; (3) after a public hearing. consistent with the public notice and participation provisions of20.1 L41 NMAC, Authority-to-Construct, the board may exempt major stationary sources or major modifications if: (a) the major stationary source would be a nonprofit health or nonprofit educational institution, 

### or amajor modification that 

### would occur at such an iruititution; or (b) the source or modification is a portable stationary source which has previously received a permit pursuant to 20.11 ,61 NMAC if: (i) the owner or operator proposes to relocate the source. and emissions from the source at the new location would be temporary; and (ii) the emissions from the source would not exceed its allowable emission rate; and (iii) the emissions from the SOurce would not impact any federal class I area nor any area where an applicable increment is known to be violated; and (iv) reasonable notice is given to the department prior to the relocation identifying the proposed new location and the probable duration ofoperation at the new location; such notice shall be given to the department not less than 10 days in advance ofthe proposed relocation unless a different time duration is previously approved by the department; (4) sources or modifications that would be major only ifquantifiable fugitive emissions are considered in calculating the potential to emit, and the source does not belong to: (a) any category in Table 

### I of20.1 L6L26 NMAC; or (b) any other stationary source category which as ofAugust 7. 1980, is being regulated under Section 1

### I 1 or 112 ofthe act. B. Variances: The director may grant a variance to any person constntcting a major stationary
source or major modification from the federal class I maximum allowable increases consistent with the requirements listed in 40 CFR 52.21(p)(5). [20.1 \.6L2 NMAC

- Rp, 20.1\.6L2 NMAC, 1/23/06; A, 8/30/10] TITLE 20 CHAPTER 11 PART 61 

### I 

### 2 3 4 

### 5 6 

### 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 

### 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 

### 55

20.1 L61 NMAC Public Review Draft 9/28/10I 20.11.61.6 OBJECTIVE: [Th••

## ":i.el;"••f 2Q.ll.ti I**~IMA(;** is] To minimize air pollutant emissions from 2 new major stationary sources or major modifications in areas classified as in attainment ofthe national ambient air 3 quality standards or determined to be unclassifiable pursuant to Section 107(d) ofthe Act. 4 [20.11.61.6 NMAC

- Rp, 20.11.61.6 NMAC, 1/23/06] 

### 5 6 20.11.61.7 DEFINITIONS: In addition to the definitions in 20.11.61 NMAC, the definitions in 20.11.1 7 NMAC, GeneralProvisions, shall apply unless there is a conflict between definitions, in which case the defmition in 8 20.11.61 NMAC shall govern. 9 A, "Act" means the federal Clean 

### Air Act, as amended, 42 U. S. C. Sections 7401 et seq. lOB. "Actualemlsslons" means the actual rate ofemissions ofa regulated new source review pollutant II from an emissions unit, as determined in accordance with Paragraphs (2) through (4) ofSubsection B of20.11.61.7 12 NMAC. 13 (I) This defmition shall not apply for calculating whether a significant emissions increase has 14 occurred, or 

### fiJr establishing a PAL under 20.11.61.20 NMAC. Instead, Subsections I and 

### [WIVV of20.11.61.7 15 NMAC shall apply for those purposes. 16 (2) In general, actual emissions as ofa particular dste shall equal the average rate, in tons per year, at 17 which the unit actually emitted the pollutant during a consecutive 24-month period which precedes the particular 18 date and whichis representative ofnormal source operation. The department shall allow the use ofa different time 19 period upon a determination that it is more representative ofnormal source operation. Actual emissions shall be 20 calculated using the unit's actual operating hours, production rates, and types ofmaterials processed, stored, or 21 combusted during the selected time period. 22 (3) 

### The department may presume that source-specific allowable emissions for 

### the unit are equivalent 23 to the actual emissions ofthe unit. 24 (4) For any emissions unit that has not begun normal operations on the particular date, actual 25 emissions shall equal the potential to emit ofthe unit on that date. 26 

# c." Administrator" means the administrator ofthe U.S. environmental protection agency (EPA) or 27 an authorized representative. 28 D." Adverse impact on visibility" means visibility impairment which interferes with the 29 management, protection, preservation, or enjoyment ofthe visitor's visual experience ofthe federal class I area. 30 This determination must be made on a case-by-case basis taking into account the geographic extent, intensity, 31 duration, frequency, and time ofthe visibility impairments and how these factors correlate with the following: 32 (I) times ofvisitor use ofthe federal class I area; and 33 (2) the frequency and timing ofnatural conditions that reduce visibility. This term does not include 34 effects On integral vistas as defined in 40 CFR 51.301 Definitions. 35 E. "Air quality related values (AQRV)" means visibility and other scenic, cultural, physical, 36 biological,**ecologica~** or recreational resources which may be affected by a change in air quality resulting from the 37 emissions ofa proposed major stationary source or major modification that interferes with the management, 38 protection, preservation, or enjoyment ofthe air quality related values ofa federal class I area. 39 F. "AUowabie emissions" means the emissions rate ofa stationary source calculated using the 40 maximum rated capacity ofthe source (unless the source is subject to federally enforceable limits which restrict the 41 operating rate, or hours ofoperation, or both) and the most stringent ofthe following: 42 (I) the applicable standards as set forth in 40 CFR Parts 60 and 61; 43 (2) the applicable state implementation plan emissions limitation, including those with a future 44 compliance date; or 45 (3) the emissions rate specified as a federally enforceable pennit condition, including those with a 46 future compliance date. 47 G," Associated emission sources" means secondary emissions and all reasonably foreseeable 48 emissions ofregulated pollutants from the growth ofgeneral residential, commercial, industrial, governmental 

### 49 emission sources 

### and other mobile and non-mobile emission sources which are associated with and/or support the 50 proposed new major stationary source or major modification. Other mobile and non-mobile emission sources shall 51 include, but not be limited to, new highways and roads or improvements to existing highways and roads to increase 52 capacity, new parking facilities or improvements to existing parking facilities to increase capacity, service 53 enhancements to ground and airpublic transportation to include the building ofnew public transportation facilities 54 or improvements to existing public transportation facilities to increase capacity; and the building ofnew public or 55 private educational facilities or improving existing public or private educational facilities to increase enrollment.

20.11.61 NMAC Public Review Draft 9/28/10 

### 2(d) The average rate shall not be based on any**consec~tive** 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount ifrequired by Subparagraph (b) ofParagraph (I) ofSubsection 

### I of20.l1.61.7 NMAC. (2) Foran existing emissions unit (other than an electric utility steam generating unit), baseline actual emissions means the average rate. in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive 24-month period selected by the owneror operator within the 10 year period immediately preceding either the date the owner or operator begins actual construction ofthe project, or the date a complete permit application is received by the department for a permit required eitherunder 20.11.61 NMAC or under a plan approved by the administrator, whichever is earlier, except that the 10 year period shall not include any period earlier than November 15, 1990. (a) The average rate shall include fugitive emissions to the extent quantifiable. and emissions associated with startups, shutdowns, and malfunctions. (b) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while lhe source was operating above an emission limitation that was legally enforeeable during the consecutive 24-month period. (c) The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply, had such major stationary source been required to comply with such limitations during the consecutive 24-month period. However, ifan emission limitation is part ofa maximum achievable control technology standard that the administrator proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted ifthe state has laken credit for such emissions reductions in an attainment demonstration or maintenance plan consistent with the requirements of40 CFR 5 1.1 65(a)(3)(ii)(G). (d) For a regulated new source review pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period can be used for each regulated new souree review pollutant. (e) The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount ifrequired by Subparagraphs (b) and (c) ofParagraph (2) ofSubsection I of20.11.61.7 NMAC. (3) For a new emissions unit, the baseline actual emissions for purposes ofdetermining the emissions increase lhat will result from the initial construction and operation ofsuch unit shall equal zero; and thereafter, for all other purposes, shall equal the unit's potential to emit. (4) For a PAL for a stationary source, the baseline actual emissions shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in Paragraph (I) ofSubsection I of20.11.61.7 NMAC, for other existing emissions units in accordance with the procedures contained in Paragraph (2) ofSubsection I of20.11.61.7 NMAC, and for a new emissions unit in accordance with the procedures contained in Paragraph (3) ofSubsection I of20.11.61.7 NMAC. H. "Attainment area" means. for any air pollutant. an area which is shown by monitored data or which is calculated by air quality modeling not to exceed any national ambient airquality standard for such pollutant. and is so designated under Section 107(d)( 1)(0) or (E) ofthe act. I. "Baseline actual emissions" means the rate ofemissions, in tons per year. ofa regulated new source review pollutant. as determined in accordance with Paragraphs (I )-(4) ofSubsection 

### I of20.11.61.7 NMAC. (I) For any existing electric utility steam generating unit, baseline actual emissions means the average rate. in tons per year, at which the unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the five year period immediately preceding when the owner or operator begins actual construction ofthe project. The department shall allow the use ofa different time period 

### upon adetermination that 

### it is more representative ofnormal source operation. (a) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. (b) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforeeable during the consecutive 24-month period. (c) For aregulated new source review pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period can be used for each regulated new source review pollutant. 1 

### 2 3 

### 4 5 6 

### 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 

### 22 23 24 25 26 27 

### 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 

### 44 45 46 47 

### 48 49 50 51 52 53 54 

### 55 56

20.11.61 NMAC Public Review Draft 9/28/10 3

### I 

### J.**~8asellDe** 

### area" 2 (I) Means any intrastate area (and every part thereof) designated as attainment or unclassifiable under 3 Section 107(d)(I) (D) or (E) ofthe act in which the major source or majormodification establishing the minor 4 source baseline date would constnlct or would have an air quality impact equal to orgreater than one microgram per 5 cubic meter (I**~glmJ)** 

### (annual average) ofthe pollutant for which 

### the minor source baseline date is established. 6 (2) Area redesignations under Section 107(d)(I) (D) or (E) ofthe act cannot intersect orbe smaller 7 than the area ofimpact ofany major stationary source or majormodification which: 8 (a) establishes a minor source baseline date; or 9 (b) is subject to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166, and 10 would be constnlcted in the same state as 

### the state proposing the redesignation; II (3) Any baseline area establisbed originally for total suspended particulates (TSP) increments shall 12 remain in elIect and shall apply for purposes ofdetermining the amount ofavailable PM

# '0 increments, except that 13 such baseline area shall not remain in elIect ifthe department rescinds the corresponding minor source baseline date 14 in accordance with Paragraph (3) ofSubsection [J,I,IMM 

### of20.11.61.7 NMAC. IS K.**~Basellne** 

### eoneentration" means that ambient concentration level that exists in the baseline area 16 at the time ofthe applicable minor source baseline date. 17 ( I) A baseline concentration is determined for each polIutant for which a minor source baseline date 18 is established and shall include: 19 (a) the actual emissions representative ofsources in existence on the applicable minor source 20 baseline date, except as provided in Paragraph (2) ofSubsection K of20.11.61.7 NMAC; 21 (b) 

### the allowable emissions ofmajor stationary sources that commenced construction before 22 the major source baseline date, but were not in operation by the applicable minor source baseline date. 23 (2) The following will not be included in the baseline concentration and will affect the applicable 24 maximum allowable increase(s): 25 (a) actual emissions from any major stationary source on which construction commenced after 26 the major source baseline date; and 27 (b) actual entissions increases and decreases at any stationary source occurring after the minor 28 source baseline date. 29 L.**~Begln** 

### aetual eonstruetlon" means, in general, the initiation ofphysical onsite construction 30 activities on an emissions 

### unit which are ofapermanent nature. Such activities include, but are not limited to, 31 installation ofbuilding supports and foundations, laying ofunderground pipework and constnlction ofpermanent 32 storage structures. With respect to a change in method ofoperation, this term refers to those on-site activities, other 33 than preparatory activities whichmark the initiation ofthe change. 34 M.**~Best** 

### available control technology (BACT)" means an emissions limitation (including a visible 35 entission standard) based on the maximum degree ofreduction for each regulated new source review pollutant 36 which would be entitted from any proposed major stationary source or major modification, which the director on a 37 case-by-case basis, taking into account energy, environmental, and econontic impacts and other costs, determines is 38 achievable for such source or modification through application ofproduction processes or available methods, 39 systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control 40 ofsuch pollutant. In no event shall application ofbest available controltecbnology result in emissions ofany 41 pollutant which would exceed the emissions allowed by any applicable standard under 40 CFR Parts 60 and 61. If 

### 42 the director determines thattecbnological or economic limitations on the application ofmeasurement methodology 43 to a particular emissions unit would make the imposition ofan emissions standard infeasible, a design, equipment, 44 work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for 45 the application ofbest available controltecbnology. Such standard shall, to the degree possible, set forth the 46 emissions reduction achievable by implementation ofsuch design, equipment, work practice, oroperation, and shall 47 provide for compliance by means which achieve equivalent results. 48 N.**~Buildlng,** 

### struelure, faeillty, or installation" means all ofthe pollutant emitting activities which 49 belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under 50 the control ofthe same person (or persons under common control) except the activities ofany vessel. Pollutant51 emitting activities shall be considered as part ofthe same industrial grouping ifthey belong to the same "major 52 group" (i.e., which have the same first two-digit code) as described in the standard industrial classification (SIC) 53 manual, 1972, as amended by tbe 1977 supplement (U. S. government printing office stock numbers 4101-0066 and 54 003-005-00176-0, respectively) or any superseding SIC manual. 55 O.**~Class** 

### I area" means any federal land that is classified or reclassified as "class I" as listed in 56 20.11.61.25 NMAC.

20.11.61 NMAC Publle Review Draft 9/28/10 

### 4

### I 

### 2 3 4 

### 5 6 

### 7 8 9 10 II 12 13 14 15 16 17 18 

### 19 20 21 

### 22 

### 23 24 25 26 27 28 29 30 

### 31 32 33 34 35 

### 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 

### 55 P. "Commence" as applied to construction ofa major stationary source or major modification,
means that the owner or operator has all necessary preconstruction approvals or permits and either has: (I) begun. or caused to begin, a continuous program ofactual on-site construction ofthe source, to be completed within a reasonable time; or (2) entered into binding agreements or contractual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undenake a program ofactual construction ofthe source to be completed within a reasonable time. 

### Q. "Complete" means, in reference to an application for a**permi~** that the depanment has determined the application contains all ofthe infonnation necessary for processing the application. Designating an application complete for purposes ofpermit processing does not preclude the depanment from requesting or accepting any additional information. 

### R. "Construction" means any physical change or change in the method ofoperation (including fabrication, erection, installation, demolition, or modification ofan emissions unit) that would result in a change in emissions. S. "Continuous emissions monitoring system (CEMS)" means all ofthe equipment that may be required to meet the data acquisition and availability requirements of20.11.61 NMAC, to sample, condition (if applicable), analyze, and provide a record ofemissions on a continuous basis. 

### T. "Continuous emissions rate monitoring system (CERMS)" means the total equipment required for the determination and recording ofthe pollutant mass emissions rate (in terms ofmass per unit oftime). U. "Continuous parameter mnnltoring system (CPMS)" means all ofthe equipment necessary to meet the data acquisition and availability requirements of20.11.61 NMAC, to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, 

### 0, or CO, concentrations), and to record average operational parameter valuers) on a continuous basis. 

## v. "Department" means the city ofAlbuquerque, environmental health depanment or its successor agency. W. "Director" means the director ofthe city ofAlbuquerque, environmental health depanment or the director of

### its successor agency. X. "Electric utlUty steam generating unit" means any steam electric generating unit that is constructed for the purpose ofsupplying more 

### than one-third ofits potential electric output capacity and more than 25 megawatts electrical output to any utility powerdistribution system for sale. Any steam supplied to a steam distribution system for the purpose ofproviding steam to a steam-electric generator that would produce electrical energy for sale is also considered in determining the electrical energy outputcapacity ofthe atfected facility. 

### Y. "Emlsslnns unit" means any pan ofa stationary source that emits or would have the potential to emit any regulated new source review pollutant and includes an electric utility steam generating unit as defmed in 20.11.61.7 NMAC. Forpurposes of20.11.61 NMAC, there are two types ofemissions units as follows: (I) a new emissions unit is any emissions unit that is (or will be) newly constructed and that has existed for less than two years from the date such emissions unit first operated; (2) an existing emissions unit is any emissions unit that does not meet the requirements in Paragraph (I) ofSubsection Y of20.11.61.7 NMAC. A replacement unit is an existing unit. Z. "Federal land manager" means, with respect to any lands in the United States, a federal level cabinet secretary ofa federal level depanment (e.g. interiordepartment) with authority over such lands. AA. "Federally enforceable" means all limitations and conditions which are enforceable by the 

### administrator. including: (I) those requirements developed pursuant to 40 CFR Parts 60 and 61; (2) requirements within any applicable state implementation plan (SIP); (3) any perm.t requirements established pursuant to 40 CFR 52.21; or (4) under regulations approved pursuant to 40 CFR Pan 51, Subpan I, including operating permits issued under an EPA-approved program that expressly requires adherence to any permit issued under such program. BB. "Fugitive emissions" means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally e'l,uivalent opening. 

### CC. "Greenhouse gases or "GRGs" means the air pollutant defined in § 86.1818-12(a) ofChapter I

20.11.61 NMAC Public Review Draft 9/28/10 

### 5I ((;(;.1 DO. "High terrain" means any area having an elevation 900 feet or more above the base ofa 2 

### source's stack. 3 

### (DD.I 

# n "Indian governinR body" means the goveming body ofany tribe. band, or group of 4 Indians subject to thejurisdiction ofthe United States and recognized by the United States as possessing power of 5 self-goverrunent. 6**[~I** 

## !I. "Innondve control tecbnology" means any system ofair pollution control that has not 7 been adequately demonstrated inpractice. but would have a substantial likelihood ofachieving greater continuous 8 emissions reduction than any control system in current practice or achieving at least comparable reductions at luwer 

### 9 cost in 

### terms ofenergy. economics, or non-air qualityenvironmental impacts. 10**[~I!!!<.** "Low terrain" means any area other than high terrain. 11 

### IGGI HH. "Lowest acblevable emission rate (LAER)" means. for any source, the more stringent 12 rate ofemissions based on 

### the following: 13 (1) the most stringent emissions limitation which is contained in the implementation plan ofany state 14 for such class or category ofstationary source. unless 

### the owner or operator ofthe proposed stationary source 15 demonstrates that such limitations are not achievable; or 16 (2) the most stringent emissions limitation which is achieved in practice by such class or category of 17 stationary source; this limitation. when applied to a modification, means the lowest achievable emissions rate for the 18 new or modified emissions units within the stationary source; in no event shall the application ofthis term permit a 19 proposed new or modified stationary source to emit any pollutant in excess ofthe amount allowable under an 20 applicable new source standard ofperformance. 21 [HH.)II. "Malor modificadon" 22 (1) Means any physical change in or change in the method ofoperation ofa major stationary source 23 that would result in: a significant emissions increase ofa regulated new source review**pollutan~** and a significant 24 net emissions increase ofthat pollutant from the major stationary source. 

### 25 (2) 

### Any significant emissions increase from 

### any emissions units or net emissions increase at a major 26 stationary source that is significant for volatile organic compounds or oxides ofnitrogen shall be considered 27 significant for ozone. 28 (3) A physical change or change in the method ofoperation shall not include: 29 (a) routine maintenance, repair. 

### and replacement; 30 (b) use ofan alternative fuel or raw material by reason ofan order under Section 2(a) and (b) of 31 the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason ofa 32 natural gas curtailment plan pursuant to the Federal Power Act; 33 (c) use ofan altemative Cuel by reason ofan order orrule under Section 125 ofthe act; 34 (d) use ofan alternative Cuel at a steam generating unit to the extent that the fuel is generated 35 from municipal solid waste; 36 (e) use ofan alternative Cuel or raw material by a stationary source which: 37 (i) the source was capable ofaccommodsting before January 6, 1975, unless such change 38 would be prohibited under any federally enforceable permit condition which was established after January 6, 1975 39 pursuant to 40 CFR 52.21 or under regulations approvedpursuant to 40 CFR Subpart I or40 CFR 51.166; or 40 (ii) the source is approved to use under any permit issued under40 CFR 52.21 or under 41 regulations approved pursuant to 40 CFR 51.166; 42 (I) an increase in the hours ofoperation or in the production rate, unless such change would be 43 prohibited under any federally enforceable permit condition which was established after January 6, 1975, pursuant to 44 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Subpart 1 or40 CFR 51.166; 45 (g) any change in ownership at a stationary source; 46 (h) the installation, operation, cessation, orremoval ofa temporary clean coal technology 47 demonstration project, provided that the project complies with: 48 (i) the state implementationplan for the state in which the project is located; and 49 (ii) other requirements necessary to attain and maintain the national ambient air quality 50 standards during the project and after it is terminated; 51 (i) the installation or operation ofa permanent clean coal technology demonstration project t\1at 52 constitutes repowering, provided that the project does not result in an increase in the potential to emit ofany 53 regulated new source review pollutant emitted by the unit; this exemption shall apply on a pollutant-by-pollutant 54 basis; or 55 (j) the reactivation ofa very clean coal-frred electric utility steam generating unit.

20.11.61 NMAC Public Review Draft 9/28/10 6I 

### (4) This defmition shall not apply with respect to a particular regulated new source review pollutant 2 when the major stationary source is complying with the requirements under 20.11.61.20 NMAC for a PAL for that 3 pollutant. Instead, the definition at Paragraph (8) ofSubsection B of20.11.61.20 NMAC shall apply. 4 

## 1"'1 JJ, 

### "Major source baseline date" means: 5 (I) 

### in the case ofparticulate mailer and sulfurdioxide, January 6, 1975; and 6 (2) in the case ofnitrogen dioxide, February 8, 1988. 7 IJ.J.) 

### KK. "Major stationary source" 8 (I) 

### means: 9 (a) any stationary source listed in Table I 

### of20.11.61.26 NMAC which emits, or has the 10 potential to emit, 100 tons per year or more ofany regulated new source review pollutant; II 

### (b) notwithstanding the stationary source categories specified in Subparagraph (a) ofParagraph 12 (1) 

### ofSubsection [U] 

### KK of20.11.61.7 NMAC, any stationary source which emits, or has the potential to emit, 250 13 tons per year or more ofany regulated new source review pollutant; or 14 (c) any physical change that would occur at a stationary source not otherwise qualifying under 15 Subsection [U] 

### KK of20.11.61.7 NMAC, as a major stationary source ifthe change would constitute a major 16 stationary source by itself. 17 (2) A major source that is major for volatile organic compounds or oxides ofnitrogen shall be 18 considered major for ozone. 19 (3) The fugitive emissions ofa stationary source shall not be included in determining whether it is a 20 major stationary source, unless the source belongs to one ofthe stationary source categories found in Table I of 21 20.11.61.26 NMAC or any other stationary source category which, 

### as ofAugust 7, 1980, 

### is being regulated under 22 Section III 

### or 112 ofthe act. 23 IKI'.] LL. 

### "Mandatory federal dass I 

### area" means any area 

### identified in 40 CFR Part 81, Subpart 24 D. 25 [1,1,,] 

### MM. "Minor source baseline date" means the earliest dste after the trigger date on which a 26 major stationary source or major modification subject to 40 CFR 52.21, or 20.11.61 NMAC, submits a complete 27 application. 28 (I) The trigger dates are: 29 (a) August 7, 1977, for particulate mailer and sulfurdioxide; and 30 (b) February 8, 1988 for nitrogen dioxide. 31 (2) The baseline date is established for each pollutant for which increments orother equivalent 32 measure. have been established if: 33 (a) the area in which the proposed major stationary source or major modification would 34 construct is designated as allainment or unclassifiable under Section 107(d)(i)(D) or (E) ofthe federal act for the 35 pollutant on the date ofits complete application under 40 CFR 52.21 or 20.11.61 NMAC; and 36 (b) in the case ofa major stationary source, the pollutant would be emilled in significant 37 amounts, or in the case ofa major modification, there would be a significant net emission. increase ofthe pollutant. 38 (3) Any minor source baseline date established originally for the TSP increments shall remain in 39 effect and shall apply for purposes ofdetermining the amount ofavailable PM IO 

### increments, except that the 40 department may rescind any such minor source baseline dste where it can be shown, to the director's satisfaction 

### 41 that, either the emissions increase from the major stationary source, or the net emissions increase from the major 42 modification, responsible for triggering that date did not result in a significant amount ofPM IO 

### emissions. 43 [MM.I NN, "Natural conditions" includes naturally occurring phenomena that reduce visibility as 44 measured in tel"1rui ofvisual range. contrast or coloration. 

### 45 [NN.I 

### QQ. "Necessary preconstructlon approvals or permits" mean those permits or approvals 46 required under federal air quality control laws and regulations and those air quality control laws and regulations 47 which are part ofthe New Mexico state implementation plan. 48 IQQ.) 

### PP. "Net emissions increase" 49 (I) Means, that with respect to any regulated new source review pollutant emilled by a major 50 stationary source, the amount by which the sum ofthe following exceeds zero: 51 (a) the increase in emissions from a particular physical change or change in the method of 52 operation at a stationary source as calculated pursuant to Subsection 0 

### of20.11.61.11 NMAC; and 53 (b) any other increases and decreases in actual emissions at the major stationary source that are 54 contemporaneous with the particular change and are otherwise creditable; baseline actual emissions for calculating 55 increases and decreases shall be determined as provided in Subsection I of20.11.61.7 NMAC, except that

20.11.61 NMAC PubUc Review Draft 9/28/10 

### 7

### I Subparagraph (c) ofParagrapb (I) and Subparagraph (d) ofParagrapb (2) ofSubsection I of20.11.61.7 NMAC shall 2 not apply. 3 (2) An increase or decrease in actual emissions is contemporaneous with the increase from the 4 particular change only ifitoccurs between: 5 (a) the date five years prior to the commencement ofconstruction on the particular change; and 6 (b) the date tbatthe increase from the particular cbange occurs. 7 (3) An increase ordecrease in actual emissions is creditable only if: 8 (a) it occurs between: 9 (i) the date five ye3f1l prior to 

### the commencement ofconstruction on the particular 10 change; and I I (ii) the date that the increase from the particular change occurs; and 12 (b) 

### the department has not relied on it in issuing a permit for the source under regulations 13 approved pursuant to 20.1 I.61 NMAC, wbicb permit is in etTect wben tbe increase in actual emissions from the 14 particular change occurs. 15 (4) An increase or decrease in actual emissions ofsulfur dioxide, particulate matter, or oxides of 16 nitrogen that occurs before the applicable minor source baseline date is creditable only ifit is required to be 17 considered in calculating the amount ofmaximum allowable increases remaining available. 18 (5) An increase in actual emissions is creditable only to 

### the extent that the new level ofactual 19 emissions exceeds tbe old level. 20 (6) A decrease in actual emissions is creditable only to 

### the extent that: 2 I (a) the old level ofactual emissions or the old level ofallowable emissions, whicbever is lower, 22 exceeds the new level ofactual emissions; 23 (b) it is enforceable as a practical mailer at and 

### after the time tbat actual construction on tbe 24 particular cbange begins; and 25 (c) it bas 

### approximately tbe same qualitative significance for public bealth and welfare as that 26 attributed to 

### the increase from the particular cbange; and 27 (7) an increase that results from a physical cbange at a soun:e occurs wben the emissions unit on 28 which construction occurredbecomes operational and begins to 

### emit a particularpollutant; any replacement unit that 29 requires shakedown becomes operational only after a reasonable sbakedown period, not to 

### exceed 180 days. 30 (8) Paragrapb (2) ofSubsection B of20. I 1.61.7 NMAC sball not apply for determining creditable 31 increases and decreases. 32 [1'Il.122:.**~Nonattalnment** 

### area" means an area whicb bas 

### been designated under Section 107 of 33 the act as nonattainment for one or more ofthe national ambient air quality standards by EPA. 34 

### [QQ.IBB. "Portable stationary source" means a soun:e wbicb can be relocated to another 35 operating site with limited dismantling and reassembly. 36 (HR.] 

### SS.**~Potentlal** 

### to emit" means the maximum capacity ofa stationary source to emit a 37 pollutantunder its pbysical and operational design. Any pbysical or operational limitation on the capacity ofthe 38 soun:e to emit a**pollutan~** 

### including air pollutant control equipment and restrictions on bours ofoperation or on the 39 type or amount ofmaterial combusted, stored, or processed, shall be treated as part ofits design iftbe limitations or 40 lbe etTectthe limitation would have on emissions is federally enforceable. Secondary emissions do not count in 41 determining the potential to 

### emit ofa stationary soun:e. 42 [S8.j 

### TT.**~Predlctlve** 

### emissions monitoring system (PEMS)" means all oftbe equipment 43 necessary to monitor process and control device operational parameters (for example, control device secondary 44 voltages and electric currents) and other information (forexample, gas flow rate, 0, orCO, concentrations), and 45 calculate and record the mass emissions rate (for example, Iblhr) on a continuous basis. 46 [+h] 

### UU.**~Project"** 

### means a pbysical cbange in, or change in method ofoperation of, an existing 47 major stationary soun:e. 48 [\J\I,I 

### VV. "Projected actual emissions" 49 (I) Means tbe maximum annual rate, in tons per year, at wbicb an existing emissions unit is projected 50 to emit a regulated new soun:e review pollutantin anyone ofthe five ye3f1l (I2-month period) following the date tbe 51 unit resumes regular operation after the**projec~** 

### or in anyone ofthe 10 years following that date, ifthe project 52 involves increasing the emissions unit's design capacity or its potential to emit

### that regulated new source review 

### 53 pollutant, and full utilization ofthe unit would result in a significant emissions increase, Or a significant net 54 

### emissions increase at the major stationary source. 

### 55 (2) In determining the projected actual emissions (before beginning actual construction), the owneror 56 operator ofthe major stationary soun:e:

20. 11.61 NMAC Public Review Drart 9/28/10 8I (al shall consider all relevant infonnation, including but not limited to, historical operational 2 data, the company's own representations, the company's expected business activity and the company's highest 3 projections ofbusiness activity, the company's filings with the state or federal regulatory authorities, and compliance 4 plans under an approved SIP; and 5 (b) shall include fugitive emissions to the extent quantifiable and emissions associated with 6 startups, shutdowns, and malfunctions; and 7 (c) shall exclude, in calculating any increase in emissions that results from the particular 8 project, that portion ofthe unit's emissions following the project that an eXisting unit could have accommodated 9 during the consecutive 24-month period used to establish the baseline actual emissions under Subsection I of 10 20.11.61.7 NMAC and that are also unrelated to the particular project, including any increased utilization due to 1I product demand growth; or 12 (3) may elect to use the emissions unit's potential to emit in tons per year in lieu ofusing the method 13 set out in Subparagraphs (a)-(c) ofParagraph (2) ofSubsection I\I\IIYV of20.11.61.7 NMAC. 14 l¥¥ol WW.**~Regulated** new source review poDutant" means the following: 15 (I) any pollutant for which a national ambient air quality standard has been promulgated and any 16 pollutant identified under Paragraph (I) ofSubsection VV of20.11.61 NMAC as a constituent or precursor to such 17 pollutant; precursors identified by the administrator for purposes ofnew source review are the following: 18 (a) volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment 19 and unclassifiable areas; 20 (b) sulfur dioxide is a precursor to PM,., in all attainment and unclassifiable areas; 21 (c) nitrogen oxides are presumed to be precursors to PM,., in all attainment and unclassifiable 22 areas, unless the state demonstrates to the administrator's satisfaction or EPA demonstrates that emissions of 23 nitrogen oxides from sources in a specific area are not a significant contributor to that area's ambient PM ,., 

### 24 concentrations; 25 (d) volatile organic compounds are presumed not to be precursors to PM,., in any attainment or 26 unclassifiable area, unless the state demonstrates to the administrator's satisfaction or EPA demonstrates that 27 emissions ofvolatile organic compounds from sources in a specific area are a significant contributor to 

### that area's 28 ambient PMu concentrations; 29 (2) any pollutant that is subject to any standard promulgated under Section III ofthe act; 30 (3) any class I or II substance subject to a standard promulgated under or established by Title VI of 31 the act; 32 (4) any pollutant that otherwise is "subject to regulation" under the Act as defined in Subsection CCC 33 of20.ll.61.7 NMAC. [;**."e.~t** that aay er all h

...ardell8 air**~ell"I"'ls** .illler lisl.d ill S••liell 112 efl!u! Ael er 

### 34 Baaed te the list J:lHR:lHaDt 

### te See.isR 

### 112(9)(2) sf

### the Aet, whish have :Ret 999ft 

### delisteEi 1'\lfB1:lBRt 

### te SeetiaR 35 112(el(J) efIII. Ael, are lIel regulal.d

# II."" .e
...... re"ew**~ell** ..lftlltllllfli••• Ih. li.I.d ha28rdell8 air**~ellllllllll** i. alse 

### 36 rsgl:llat9a 88 8 eeRs.iRisH' SF preSHfS8r 

### efa geft9f81 

### pelllllaRt listed: QREler SeetieR 198 sethi! 

### A.Bt] 37 (5) [R•••,,'.d] Notwithstanding Paragraphs (I) through (4) ofSubsection WW of20.11.61.7 NMAC, 38 the tenn "regulated NSR pollutant" shall not include any or all hazardous air pollutants either listed in Section 112 39 ofthe Act. or added to the list pursuant to Section 112(b)(2) ofthe Act. and which have not been delisted pursuant to 40 Section 112fb)l3) ofthe Act. unless the listed hazardous air pollutant is also regulated as a constituent or precursor 41 ofa general pollutant listed under Section 108 oflhe Act. (6/3/10 FR) 42 (6) particulatemaller(PM)emissions.PM•• emissions, and PM IO emissions shall include gaseous 43 emissions from a source or activity which condense to fonn particulate mailer at ambient temperatures; on or after 44 January I, 20 II (or any earlier date established in the upcoming rulemaking codifying test methods), such 45 condensable particulate mailer shall be accounted for in applicability detenninations and in establishing emissions 46 limitations for PM, PM,., and PM IO in PSD permits; compliance with emissions limitations for PM, PM,., and PM,. 47 issued prior to this date shall not be based on condensable particulate mailer unless required by the terms and 48 conditions ofthe permit or the applicable implementation plan; applicability detenninations made prior to this date 49 without accounting for condensable particulate mailer shall not be considered in violation of20.11.61 NMAC unless 50 the applicable implementation plan required condensable particulate mailer to be included. 51 [WW,j XX.**~Replacement** unit" means an emission unit for which all ofthe following criteria are 52 met. No creditable emission reductions shall be generated from shulling down the existing emissions unit that is 53 replaced. 54 (1) The emissions unit is a reconstructed unit within the meaning of40 CFR 60.15(b)(1), or the 55 emissions unit completely takes the place ofan existing emissions unit. 56 (2) The emissions unit is identical to or functionally equivalent to the replaced emissions unit.

20.11.61 NMAC PublIc Review Draft 9/28/10 9I 

### 2 3 

### 4 5 

### 6 7 8 

### 9 10 II 12 13 14 15 16 17 18 19 20 21 

### 22 

### 23 24 25 26 27 

### 28 29 

### 30 31 

### 32 33 34 35 

### 36 37 38 

### 39 40 41 42 

### 43 

### 44 45 46 47 

### 48 

### 49 50 51 52 53 54 55 56 57 

### (3) The replacement unit does not change the basic design parameter(s) ofthe process unit. (4) The replaced emissions unit is pennanently removed from the major stationary source, otherwise permanently disabled, or pennanently barred from operation by a permit that is enforceable as a practical matter. 

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

### (XX-I IT. "Secondary emissions" means emissions which occur as a result ofthe construction or operation ofa major stationary source or major modification, but do not come from the major stationary source or major modification itself. For the purpose of20.11.61 NMAC, secondary emissions must be specific, well defined. quantifiable, and impact the same general areas as the stationary source or modification which causes the secondary emissions. Secondary emissions include emissions from any offsite support facility which would not be constructed 

### or increase its emissions except as aresult ofthe construction or operation ofthe major stationary source or major modification. Secondary emissions do not include any emissions which come directly from a mobile source, such as 

### emissions from the tailpipe ofa motor vehicle, from atrain, or from avessel. [¥¥.I Zz. "Significant" means: (I) in reference to a net emissions increase or the potential ofa source to emit any ofthe pollutants listed in Table 2 of20.11.61.27 NMAC, a rate ofemissions that would equal or exceed any ofthe corresponding emission rates listed in Table 2 of20.11.61.27 NMAC; (2) in rererence to a net emissions increase or the potential ofa source to emit a regulated new source review pollutant that Paragraph (I) ofSubsection [¥¥1ZZ of20.11.61.7 NMAC, does not list, any emissions rate; and (3) notwithstanding Paragraph (I) ofSubsection [¥¥]ZZ of20.11.61.7 NMAC, any emissions rate or 

### any net emissions increase associated with amajor stationary source or major**modificatio~** 

### which would construct within 10 kilometers ofa class I area, and have an impact on such area equal to or greater 

### than I flglm' (24-hour average).[;l,bl AAA. "Significant emissions Increase" means, for a regulated new source review pollutant, an increase in emissions that is significant for that pollutant. (A.M.) BBB, "Stationary source" means any building, structure, facility, or installation which emits, or may emit, any regulated new source review pollutant. 

### CCC. "Subject to regulation" means, for any air pollutant, that the pollutant is subject to either a provision in the Clean Air Act, or a nationally-applicable regulation codified by the administrator in Subchapter 

### C of Chapter 

### I ofTitle 

### 40 ofthe 

### CPR, that requires actual control ofthe quantity ofemissions ofthat pollutant, and that such a control requirement has taken effect and is operative to control, limit or restrict the quantity ofemissions of that pollutant released from the regulated activity. Except that: (I) Greenhouse gases (GHGs) shall not be subject to regulation except as provided in Paragraphs (4) and (5) ofSubsection CCC of20.11.61.7 NMAC. (2) For purposes ofParagraphs (3) through (5) ofSubsection CCC of20.11.61.7 NMAC, the term "tpy CO, equivalent emissions (CO",)" shall represent an amount ofGHGs emitted, and shall be computed as follows: " (a) Multiplying the mass amount ofemissions (!Py), for each ofthe six greenhouse gases in the pollutant GHGs, by the gas's associated global warming potential published at Table A I to subpart A ofpart 98 of Chapter 

### I ofTitle 

### 40 ofthe CFR

- Global Warming Potentials. (b) Sum the resultant value from Subparagraph (a) ofParagraph (2) ofSubsection CCC of 20.11.61.7 NMAC for each gas to compute a tpy CO,e. (3) The term "emissions increase" as used in Paragraphs (4) and (5) ofSubsection CCC of20.11.61.7 NMAC, shall mean that both a significant emissions increase (as calculated using the procedures in Subsection 

### 0 of 20.11.61.11 NMAC) aod a significant net emissions increase (as defined in Subsection PP of20.11.61.7 NMAC and Subsection ZZof20.11.61.7 NMAC) occur. For the pollutant GHGs, an emissions increase shall be based on tpy CO,e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant. and' 'significant'· is defined as 75,000 tpy CO,e instead ofapplying the value in Table 2 oiZO.11 61 27 NMAC (4) Beginning January 2, 2011, the pollutant GHGs is subject to regulation if: (a) The stationary source is a new major stationary source for a regulated NSR pollutant that is not GHOs, and also will emit or will have the potential to emit 75,000 tpy CO,e or more; or (b) The stationary source is an existing major stationary source for a regulated NSR pollutant that is not GHOs. and also will have an emissions increase ofa regulated NSR pollutant, and an emissions increase of75,000 tpy CO,e or more; and, (5) "Beginning July 1,2011, in addition to the provisions in Paragraph (4) ofSubsectionCCC of 20.11.61.7 NMAC, the pollutant GHOs shall also be subject to regulation: (a) At a new stationary source that will emit or have the potential to emit 100,000 tpy COce; or

20.11.61 NMAC Public Review Draft 9/28/10 10

### I (b) At an existing stationary source thaI emits or has the potenlial to emit 100.000 lpy**CO~** 

### 2 when such stationary source undertakes a physical change or change in the melhod ofoperation thaI will resultIn an 3 emissions increase of75.000 lpy CO,e or more. {6/3/10 FR} 4 [BBB) 

### DOD.**~Temporary** 

### source" means a stationary source which changes its localion or ceases 10 

### 5 exisl within two yeltB from the date ofinitial slartofoperalions. 6**[~I** 

## .En.**~Vlslblllty** 

### impairment" means any humanly perceplible change in visibility (visual 7 range. conrrast. coloration) from lhal which would have existed under natural condilions. 8 [DDDI 

### FFF.**~Volatile** 

### organic compound (VOC)" moans any compound ofcarbon, excluding 9 carbon monoxide. carbon dioxide. carbonic acid. metallic carbides or carbonales, and ammonium carbonate, which 10 participates in almospheric photochemical reactions; this includes any such organic compound other lhan those II 

### which the adminisrralor designales as having negligible pholochemical reactivity under 40 CFR 51.100(s). 12 [20.1 \.6 \.7 NMAC

- Rp, 20.1 \.6 \.7 NMAC. 1/23/06; A, 5/15/06; A, 8/30/10] 13 14 20.11.61.8 SAVINGS CLAUSE: Any amendment 10 

### 20./\.61 NMAC, Prevention of Significant 15 Deterioration 

### that is filed with the stale records cenler and archives shall nol affect aclions pending for violation ofa 16 city or county ordinance or board regulation. Prosecution for a violation under priorregulation wording shall be 17 governed and prosecuted under the statule, ordinance, partor section in elTecl at the time the violalion was 18 commilled. 19 [20.1 \.6\.8 NMAC

- Rp, 20.1 \.6\.9 NMAC, 1/23/06] 20 21 20.11.61.9 SEVERABILITY: 

### Ifany section, paragraph, sentence, clause, or word of20.1\.61 NMAC or 22 any federal standards incorporated herein is for any reason held to be unconslilulional or otherwise invalid by any 23 court, the decision shall nol affect the validity ofremaining provisions of20.11.61 NMAC. 24 [20.1 \.6 \.9 NMAC

- Rp, 20.1\.61.10 NMAC, 1/23/06] 25 26 20.11.61.10 DOCUMENTS: Documents incorporated and cited in 20.1\.61 NMAC may be viewed at the 27 Albuquerque environmental health department, One Civic Plaza NW, 

### 3rd Floor, Room 3023, Albuquerque, NM 28 87102. 29 [20.1\.61.10 NMAC

- Rp, 20.1\.61.11 NMAC, 1/23/06] 30 31 20.11.61.11 APPLICABILITY: 32 A. The requirements of20.11.61 NMAC apply to the construction ofany new major stationary 33 source or any projecl at an existing major stationary source in an area designated as attainment or unclassifiable. 34 B. The requirements ofSections 20.1\.61.12 NMAC through 20.1\.61.18 NMAC, 20.1\.6\.21 35 NMAC and 20.11.61.24 NMAC apply to the construclion ofany new major stationary source or the major 36 modification ofany exisling major stationary source, except as 20.11.61 NMAC otherwise provides. 37 C. No new major stationary source or major modificalion to which the requirements ofSubsections 38 A. B, C and Dof20.1\.61.12 NMAC, Sections 20.1\.61.13 NMAC through 20.1\.61.18 NMAC, 20.1\.61.21 39 NMAC and 20.11.61.24 NMAC apply shall begin actual construction withoul a perrnitthal states lhat the major 40 stationary source or major modification will meel those requirements. 41 D. Applicability procedures. 42 (1) Excepl as otherwise provided in Subsections E and F of20.11.61.11 NMAC, and consistenl with 43 the definition ofmajor modification, a project is a major modification for a regulated new source review pollutant if 44 

### it causes a significant emissions increase and asignificant net emissions increase. The project is not a major 45 modification if

### it does not cause asignificant emissions increase. Ifthe project causes a significant emissions 46 

### increase. then the project is amajor modification only if

### it also results in a significant net emissions increase. 

### 47 (2) The procedure for calculating (before beginning actual construction) whether a significant 48 emissions increase (i.e., the firsl step ofthe process) will occur depends upon lhe type 

### ofemissions units being 49 modified, according to Paragraphs (3) through (4) ofSubsection Dof20.1 \.61.1 I NMAC. The procedure for 50 calculating (before beginning aclual construction) whether a significant nel emissions increase will occur at lhe 51 major stationary source (i.e., the second step oftheprocess) is contained in the definition in Subsection (QQI 

### PP of 52 20.11.61.7 NMAC. Regardless ofany such preconstruction projections, a major modification results ifthe project 53 causes a significantemissions increase and a significant net emissions increase. 

### 54 (3) Actual-to-proJecled-actual applicability test for projects lhat only involve existing emissions 55 units. A significant emi.ssions increase ofa regulated new source review pollutant is projecled to occur ifthe sum of

20.1\.61 NMAC Public Review Draft 9/28/10 11

### I the difference between the projected actual emissions and the baseline actual emissions for each existing emissions 2 unit equals or exceeds the significant amount for that pollutant. 3 (4) Actual-Io-polentlallesl for projects Ibal only Involve conslructlon ofa new emissions 4 unil(s). A significant emissions increase ofa regulated new source review pollutant is projected 10 

### occur ifthe sum 5 ofthe difference between the potential to emit from each new emissions unit following completion ofthe project 6 and the baseline actual emissions ofthese units before the project equals or exceeds the significant amount for that 7 pollutant. 8 (5) Hybrid lesl for proJecls Iballnvolve mulilple types ofemissions unlls. A significant 9 emissions increase ofa regulated new source review pollutant is projected to occur ifthe sum ofthe emissions 10 

### increases for each emissions unit, using tbe method specified in Paragraphs (3) and (4) ofSubsection D 

### of II 20.11.61.11 NMAC as applicable witb respect to 

### each emissions unit, for each type ofemissions unit equals or 12 exceeds the significant amount for that pollutant. 13 E. For any major stationary source for a PAL for a regulated new source review pollutant, the major 14 stationary source shall comply with requirements under 20.11.61.20 NMAC. 15 [20.11.61.11 NMAC

- N, 1123/06; 

### A, 8/30/10] 

### 16 17 20.11.61.12 OBLIGATIONS OF OWNERS OR OPERATORS OF SOURCES: 18 A. Any owner or operator 

### who begins actual construction or operates a source or modification 

### 19 without, or not in accordance with, apermit issued under the requirements of20.11.61 NMAC shall be subject to 20 

### enforcement action. 

### 21 B. Approval to construct shall not relieve any person from the responsibility to comply fully with the 22 provisions ofthe Air Quality Control Act, Sections 74-2-1 to 74-2-17, NMSA 1978; any applicable regulations of 23 the board; and any other requirements under local, state, or federal law. 24 C. 

### Approval to construct shall become invalid ifconstruction is not conunenced within 18 months 25 after receipt ofsuch approval, ifconstruction is discontinued for a period of 18 months or more, or ifconstruction is 26 not completed within a reasonable time; the administrator may extend the 18-monthperiod upon a satisfactory 27 showing that an extension isjustified; this provision does not apply to the time period between construction ofthe 28 approved phases ofa phased construction project; each phase must conunence construction within 18 months ofthe 29 projected and approved conunencement dste. 30 D. At such time that a particular source or modification becomes a major stationary source or major 31 modification solely by virtue ofa relaxation in any enforceable limitation which was established after August 7, 32 1980, on the capacity ofthe source or modification otherwise to emit a pollutant, such as a restriction on hours of 33 operation, then 20.11.61 NMAC shall apply to the source or modification as though construction had not yet 34 commenced on the source or modification. 35 E. Except as otherwise provided in Subparagraph (b) ofParagraph (6) ofSubsection E of20.11.61.12 36 NMAC the following specific provisions apply with respect to any regulated new source review pollutant emitted 37 from projects at existing emissions units at a major stationary source (other than projects at a source with a PAL) in 38 circumstances where there is a reasonable possibility within the meaning ofParagraph (6) ofSubsection E of 39 20.11.61.12 NMAC that a project that is not a part ofa major modification may result in a significant emissions 40 increase ofsuch pollutant and the owner or operator elects to use the method specified in Paragraphs (I) 

### through (3) 41 ofSubsection [lIY] VV 

### of20.11.61.7 NMAC for calculating projected actual emissions. 42 (I) Before beginning actual construction ofthe project, the owner or operator shall document and 43 maintain a record ofthe following information: 44 

### (a) a description ofthe project; 45 (b) identification ofthe emissions unit(s) whose emissions ofa regulated new source review 46 pollutant could be affected by the project; and 47 (c) adescription ofthe applicability test used to determine that the project is nota major 48 modification for any regulated new source review pollutant, including the baseline actual emissions, the projected 49 actual emissions, the amount ofemissions excluded under Paragraph (3) ofSubsection [lIY[VV 

### of20.11.61.7 50 

### NMAC and an explanation for why such amount was excluded, and any netting calculations, ifapplicable. 51 (2) Ifthe emissions unit is an existing electric utility steam generating unit, before beginning actual 52 construction, the owner or operator shall provide a copy ofthe information set out in Paragraph (I) 

### ofSubsection E 53 of20.11.61.12 NMAC to 

### the departtnent. Nothing in Paragraph (2) ofSubsection E of20.11.61.12 NMAC shall be 54 construed to require the owner or operatorofsuch a unit to obtain any determination from the departtnent before 55 beginning actual construction; however, necessary preconstruction approvals and/or permits must be obtained before 56 beginning actual construction.

20.11.61 NMAC Public Review DraflW28/10 12

### I (3) The owner or operator shall monitor the emissions ofany regulated new source review pollutant 2 that could increase as a result ofthe project and that is emitted by any emissions unit identified in Subparagraph (b) 3 ofParagraph (I) 

### ofSubsection 

### Eof20.11.61.12 NMAC; and calculate and maintain a record ofthe annual 4 emissions, in tons per year on a calendar year basis, for a period offive years following resumption ofregular 5 operations after the change, or for a period of 10 years following resumption ofregular operations after the change if 6 the project increases the design capacity or potential to emit ofthat regulated new source review pollutant at such 7 emissions unit. For purposes ofParagraph (3) ofSubsection 

### Eof20.11.61.12 NMAC, fugitive emissions (to the 8 extent quantifiable) shall be monitored ifthe emissions unit is part ofone ofthe source categories listed in Table 1 

### 9 of20.11.61.26 NMAC or ifthe emissions unit is located at a major stationary source that belongs to one ofthe listed 10 source categories. 

### II (4) Ifthe unit is an existing electric utility steam generating unit, the owner or operator shall submit a 12 report to the department within 60 days after the end ofeach year during which records must be generated under 13 Subparagraph (c) ofParagraph (I) ofSubsection E of20. I 1.61.12 NMAC setting out the unit's annual emissions 14 during the calendar year that preceded submission ofthe report. 15 (5) 

### Ifthe unit is an existing unit other than an electric utility steam generating unit, the owner or 16 operator shall submit a report to the department ifthe annual emissions, in tons per year, from the project identified 17 in Paragraph (I) 

### ofSubsection 

### E of20. 

### I1.61.12 NMAC, exceed the baseline actual emissions (as documented and 18 maintained pursuant to Subparagraph (c) ofParagraph (I) 

### ofSubsection E of20.11.61.12 NMAC) by a significant 19 amount for that regulated new source review pollutant, and ifsuch emissions ditTer from the preconstruction 20 projection as documented and maintained pursuant to Subparagraph (c) ofParagraph (I) 

### ofSubsection E of 21 20.11.61.12 NMAC. Such report shall be submitted to the department within 60 days after the end ofsuch year. The 22 report shall contain the following: 23 (a) the name, address and telephone number ofthe major stationary source; 24 (b) the annual emissions as calculated pursuant to Paragraph (3) ofSubsection E of20.11.61.12 25 NMAC; and 26 (c) any other information that the owner or operator wishes to include in the report (e.g., an 27 explanation as to why the emissions ditTer from the preconstruction projection). 28 (6) A "reasonable possibility" under Subsection E of20.11.61.12 NMAC occurs when the owner or 29 operator calculates the project to result in either: 30 (a) a projected actual emissions increase ofat least 50 percent ofthe amount that is a 31 "significant emissions increase," as defined under Subsection [UI AAA 

### of20.11.61.7 NMAC (without reference 32 to the amount that is a significant net emissions increase), for the regulated new source review pollutant; or 33 (b) a projected actual emissions increase that, added to the amount ofemissions excluded under 34 Paragraph (3) ofSubsection [\IlI1 VV 

### 01'20.11.61.7 NMAC, sums to at least 50 percent ofthe amount that is a 35 "significant emissions increase," as defined under Subsection [UI AAA 

### of20.11.61.7 NMAC (without reference to 36 the amount that is a significant net emissions increase), for the regulated new source review pollutant; for a project 37 for which a reasonable possibility occurs only within the meaning ofSubparagraph (b) ofParagraph (6) of 38 Subsection 

### E 01'20.11.61.12 NMAC, and not also within the meaning ofSubparagraph (a) ofParagraph (6) of 39 Subsection E 

### of20.11.61.12 NMAC, then provisions ofParagraphs (2) through (5) ofSubsection E 

### 01'20.11.61.12 40 NMAC do not apply to the project. 41 F, The owneror operator ofthe source shall make the information required to be documented and 42 maintained pursuant to Subsection E 01'20.11.61.12 NMAC available for review upon request for inspection by the 43 department or the general public pursuant to the requirements contained in 40 CFR 70.4(b)(3)(viii). 44 [20.11.61.12 NMAC· Rp, 20.11.61.12 NMAC, 1/23/06; A, 8130/10] 45 46 20.11.61.13 SOURCE INFORMATION: The owner or operator ofa proposed source or modification shall 47 submit all information necessary to perform any analysis or make any determination required by 20.11.61 NMAC. 48 A, Information shall include, but is not limited to: 49 (I) 

### a description ofthe nature, location, design capacity, and typical operating schedule ofthe source 50 or modification, including specifications and drawings showing the design and plant layout; and 51 (2) adetailed schedule ofconstruction ofthe source or modification; and 52 (3) adetailed description ofthe planned system ofcontinuous emission reduction for the source or 53 modification, emission estimates, and other information necessary to detennine that best available control 

### 54 technology will be applied. 55 B. Upon request by the department, the owner or**op~rator** 

### shall also provide information on:

20.11.61 NMAC Public Review Drart 9/28/10 13(I) the proposed system fails by the specified date to achieve the required continuous emissions 

### reduction rate; or (2) the proposed system fails before the specified date so as to contribute to an unreasonable risk to public health, welfare, or safety; or (3) the department decides at any time that the proposed system is unlikely to achieve the required level ofcontrol or to protect the public health, welfare, or safety. 

### F. Ifa source or modification fails to meet the required level ofcontinuous emission reduction within the specified time period orthe approval is withdrawn in accordance with Subsection 

### E of20.ll.61.14 NMAC, the department may allow the source or modification up to 

### an additional three years to meet the requirement for the application ofbest available control technology through use ofa demonstrated system ofcontrol. 

### G. Ifthe owner or operator ofa major stationary source or major modification previously issued a permit under 20.11.61 NMAC applies for an extension, and the new proposed date ofcODStruction is greater than 18 months from the date the permit would become invalid. the determination ofbest available control technology shall be reviewed and modified as appropriate before such an extension is granted. At such time, the owner or operator of the applicable stationary source may be required to demonstrate the adequacy ofany previous determination ofbest available control technology for 

### the source. (I) the air quality impact ofthe source or modification, including meteorological and topographic data necessary to estimate such impact; and (2) the air quality impacts, and 

### the nature and extent ofany or all general**commercia~** residential, industrial, and other growth which 

### has occurred since August 7,1977 in the area the source or modification would affect. [20.11.61.13 NMAC

- Rp, 20.11.61.13 NMAC, 1/23/06]


### 20.1I.61.14 CONTROL TECHNOLOGY REVIEW AND INNOVATIVE CONTROL TECHNOLOGY: A. A new major stationary source shall apply best available control technology for each regulated new source review pollutant that it would have the potential to emit in amounts equal to or greater than the significance levels as listed in Table 2 of20.11.61.27 NMAC. This requirement applies to each proposed emissions unit or opemtion that will emit such pollutant. B. A majormodification shall apply best available control technology for each regulated new source review pollutant at the source when a significant net emissions increase occurs. This requirement applies to each proposed emissions unit or opemtion where a net emissions increase in the pollutant would occur as a result ofa physical change or change in the method ofopemtion in the unit. 

### C. Forphased construction projects, the determination ofbest available control technology shall be reviewed and modified as appropriate at the latest reasonable time but no later 

### than 18 months prior to commencement ofconstruction ofeach independent phase ofthe project. At such time, the owner or operatorofthe applicable stationary source may be required to demonstrate the adequacy ofany previous determination ofbest available control technology for the source. D. Innovadve control technology. The department may approve a system ofinnovative control technology for the major stationary source or major modification if: (I) the proposed control system would not cause or contribute to an unreasonable risk to public health, welfare, or safety in its opemtion or function; and (2) the owneror operator agrees to achieve a level ofcontinuous emissions reduction equivalent to that which would have been required under Subsection A of20.11.61.14 NMAC by a date specified by the department. Such date shall not be later 

### than four years from the time ofstartup or seven years from permit 

### issuance; and (3) the source or modification would meet the requirements equivalent to 20.11.61.14 NMAC and 20.11.61.15 NMAC based on the emissions rate that the stationary source employing the system ofinnovative control technology would be required to meet on the date specified by the department; and (4) during 

### the interim period ofachieving 

### the permitted emission**leve~** the source Or modification 

### I 

### 2 

### 3 4 

### 5 6 7 8 9 10 

### II 12 13 14 15 16 17 18 19 20 21 

### 22 23 24 25 26 27 28 29 30 31 32 

### 33 34 35 36 37 38 39 40 41 42 43 

### 44 45 46 47 48 49 50 51 52 53 54 

### 55 56 would nol:



### (5) 

## E. if: (a) cause or contribute to a violation ofan applicable national ambient air quality standard; nor (b) impact any fedeml class 1 area; nor (c) impact any area where an applicable increment is known to be violated; and all other applicable requirements including those for public participation have been met. The department shall withdmw any approval to employ a system ofinnovative control technology

20.11.61 NMAC Public Review Draft 

### 9128/10 14

### I [20.11.61.14 NMAC

- Rp, 20.11.61.14 NMAC, 1/23/06; A, 8/30/I0] 2 

### 3 20.11.61.15 AMBIENT IMPACT REQUIREMENTS: 4 A. The requirements of20.11.61.15 NMAC shall apply to each pollutant emitted by a new major 5 stationary source or major modification in amounts equal to or greater than that in Table 2 of20.11.61.27 NMAC. 6 For particulate matter, the source will only be required to perform ambient impact analysis for PM,o when the source 7 has the potential to emit significant amounts ofPM,o as detennined from Table 2 of20.11.61.27 NMAC. 8 B. Source Impact analysis. The owner or operator ortbe proposed source or modification shaD 9 demonstrate that the allowable emission increases from the proposed source or modification, in conjunction with to all other applicable emissions increases or reductions, (including secondary emissions), would not cause or II contribute to airpollution in violation of: 12 (I) any national ambient air quality standard in any air quality control region; or 13 (2) any applicable maximum allowable increase (as shown in Table 4 of20.1 1.61.29 NMAC) over 14 the baseline concentrations in any area. 

### 15 C. The owner or operatorofthe proposed major stationary source or major modification shall 16 demonstrate that neithera violation ofParagraph (I) 

### or Paragraph (2) ofSubsection B 

### of20.11.61.15 NMAC will 17 occur. 18 [20.11.61.15 NMAC

- Rp, 20.11.61.15 NMAC, 1/23/06; A, 8/30/10] 19 20 20.11.61.16 ADDITIONAL IMPACT ANALYSES: 21 A, The owneroroperator ofthe proposed major stationary source or major modification shall provide 22 an analysis ofthe impainnentto visibility, soils, and vegetation that would occur as a result ofthe source or 23 modification and general commercial, residential, industrial, 

### and other 

### growth associated with the source or 24 modification. The O'Mler or operator need not provide an analysis ofthe impact on vegetation having no significant 

### 25 commercial or recreational value. The analysis can use 

### data or information available from the department. 26 B. The owner or operator shall also provide an analysis ofthe airquality impact projected for the area 27 as a result ofgeneral commercial, residential, industrial. and other growth associated with the source or 28 modification. 29 C. The department may require monitoring ofvisibility in any federal class I area where the 30 department determines that an adverse impact on visibility may occur due primarily to the operations ofthe 31 proposed new source or modification. Such monitoring shall be conducted following procedures approved by the 32 department and subject to the following: 33 (I) visibility monitoring methods specified by the department shall be reasonably available and not 34 require any research and development; and 35 (2) the cost ofvisibility monitoring required by the department shall not exceed 50 percent ofthe cost 36 ofambient monitoring required by 

### 20.11.61 NMAC; ifambient monitoring is not required, the cost shall be 37 estimated as ifit were required for each pollutant to which 20.11.61 NMAC applies; 38 (3) bothpreconslruction and post construction visibility monitoring may be required; in each case. the 39 duration ofsuch monitoring shall not exceed one year. 40 [20.11.61.16 NMAC

- Rp, 20.11.61.16 NMAC, 1/23/06; A. 8/30/10] 41 42 20.11.61.17 AMBIENT AIR QUALITY MODELING: All estimates ofambient concentrations required by 43 20.11.61 NMAC shall be based on applicable airquality models, data bases, and other requirements as specified in 44 

### Appendix W to 40 CFR Part 51, its revisions, or any superseding EPA document, and approved by the department. 45 Where an air quality model specified in the Appendix W to 40 CFR Part 51. Guideline onAir Quality Models, 

### is 46 inappropriate, the model may be modified or another model substituted. Any substitution or modification ofa 47 model must be approved by the department. Notification shall be given by the department ofsuch a substitution or 48 modification and the opportunity for public comment provided for in fulfilling the public notice requirements in 49 Subsection B 

### of20.11.61.21 NMAC. The department will seek EPA approval ofsuch substitutions or 50 modifications. 51 [20.11.61.17 NMAC

- Rp, 20.11.61.17 NMAC, 1/23/06; A, 8/30/10] 52 53 20.11.61.18 MONITORING REQUIREMENTS-AIR QUALITY ANALYSIS: 54 A. Preapplicadon analysis. Any application for a permit under 20.11.61 NMAC shall contain an 55 analysis ofambient airquality in the area that the major stationary source or major modification would affect for 56 each ofthe following pollutants:

20.11.61 NMAC PubDc Review 

### Drart 9/28/10 151 (I) for a major stationary source, each pollutant for which the potential to emit is equal to or greater 2 than the significant emission rates as listed in Table 2 of20.11.61.27 NMAC; or 3 (2) for a major modification, each pollutant that would result in a significant net emission increase. 4 

### B. Ifno national ambient air quality standard for a pollutant exists, and there is an acceptable method 5 for monitoring that pollutant, the analysis shall contain such air quality monitoring data as the department 6 determines is necessary to assess ambient air quality for that pollutant in any area that the emissions ofthat pollutant 7 would affect. 8 C. For pollutants (other than nonmethane hydrocarbons) for which a standard does exist, the analysis 9 shall contain continuous 

### air quality monitoring data gathered for purposes ofdetermining whether emissions ofthat 10 pollutant would cause Or contribute to a violation ofthe standard or any maximum allowable increase. Such data II shall be submitted to the department for at least the one year period prior to receipt ofthe permit application. The 12 department has the discretion to: 13 (I) determine that a complete and adequate analysis can be accomplished with monitoring data 14 gathered over a period shorter than one year but not less than four months; or 15 (2) determine that existing air quality monitoring data is representative ofair quality in the affected 16 area and accept such data in lieu ofadditional monitoring by the applicant. 17 D. Ozone monitoring shall be performed ifmonitoring data is required for volatile organic 18 compounds or oxides ofnitrogen. The owner or opemtor ofa proposed major stationary source or major 19 modification ofvolatile organic compounds who satisfies all conditions of40 CFR Part 51 Appendix S, Section 

### IV 20 may provide post-approval monitoring data for ozone in lieu ofproviding preconstruction data as required under 21 20.11.61.18 NMAC.
"l'l E. Reserved. 23 

### F. Post-constructlon monitoring. The owner oroperator ofa major stationary source or major 24 modification shall, after construction ofthe stationary source or modification, conduct such ambient monitoring as 25 the department determines is necessary to determine the effect emissions from the stationary source or modification 26 may have, or are having. on air quality in any area, including monitoring to validate attainment ofambient air 27 quality standards and to assure that increments are not exceeded. 28 G, Operatlon ofmonitoring stations. The owner oroperatorofa major stationary source or major 29 modification shall meet the requirements of40 CFR 58, Appendix B during the opemtion ofmonitoring stations for 30 purposes ofsatisfying the requirements of20.11.6 \.18 NMAC. 31 

### H. The department has the discretion to exempt a stationary source or modification from the 32 requirements of20.1\.61.18 NMAC with respect to monitoring for a particular pollutant ifthe emissions increase of 

### .J

### 3 the pollutant from the new source or the net emissions increase ofthe pollutant from the modification would cause, }. in any area, increases in ambient concentrations less than the levels listed in Table 3 of20.11.6\.28 NMAC. 

### } I. The department shall exempt a stationary source or modification from the requirements of 3'

.'\. 11.61.18 NMAC with respect to preconstroetion monitoring for a particular pollutant if: }7 (I) for ozone, volatile organic compound emissions and oxides ofnitrogen are less than 100 tons per 38 year; or 39 (2) the air pollutant is not a regulated new source review pollutant; or 40 (3) the existing ambient concentrations ofthe pollutant in the area affected by the source or 41 modification are less than the concentrations listed in Table 3 of20.1\.61.28 NMAC. 42 [20.11.61.18 NMAC

- Rp, 20.11.6\.18 NMAC, 1/23/06; A, 8/30/10] 43 44 20.11.61,19 TEMPORARY SOURCE EXEMPTIONS: The requirements ofSubsection B of20.11.61.15 45 NMAC, 20.1 \.6\.16 NMAC and 20.11.6\.18 NMAC shall not apply to a major source or modification with respect 46 to a particular pollutant, ifthe allowable emissions ofthat pollutant from the source, or the net emissions increase of 47 that pollutant from the modification: would not impact any federal class 

### I area or any areas where an applicable 48 increment is known to be violated; and would be temporary. 49 [20.11.6\.19 NMAC

- Rp, 20.1 \.6\.19 NMAC, 1/23/06; A, 8/30/10] 50 51 20.11.61,20 ACTUALS PLANTWtDE APPLICABILITY LIMITS (PALs) 52 A. Applicabillty. 53 (I) The department may approve the use ofan actuals PAL for any existing major stationary source if 54 the PAL meets the requirements of20.11.61.20 NMAC. The term "PAL" shall mean "actuals PAL" throughout 55 20.11.61.20 NMAC.

20.1\.61 NMAC PUblic Review Draft 9/28/10 16I (2) Any physical change in or change in the method ofoperation ofa major stationary source that 2 maintains its total source-wide emissions below the PAL level, meets the requirements of20.11.61.20 NMAC, and 3 complies with the PAL pennit: 4 (a) is not a major modification for the PAL pollutant; 5 (b) does not have to be approved through the plan's major NSR program; and 6 (c) is not subject to the provisions in Subsection D of20.11.61.12 NMAC (restrictions on 7 relaxing enforceable emission limitations that the major stationary source used to avoid applicability ofthe major 8 new source review program). 9 (3) Except as provided under Subparagraph (c) ofParagraph (2) ofSubsection A of20.11.61.20 10 NMAC, a major stationary source shall continue to comply with all applicable federal or state requirements, II emission limitations, and work practice requirements that were established prior to the effective date oftbe PAL. 12 B. Definitions applicable to 20.11.61.20 NMAC. 13 (I) Actuals PAL for a major stationary source means a PAL based on the baseline actual 14 emissions ofall emissions units at the source that emit or have the potential to emit the PAL pollutant. 15 (2) Allowable emissions means "allowable emissions" as defined in Subsection F of20.11.61.7 16 NMAC, except as this definition is modified in accordance with the following. 17 (a) The allowable emissions for any emissions unit shall be calculated considering any 18 emission limitations that are enforceable as a practical mailer on the emissions unit's potential to emit. 19 (b) An emissions unit's potential to emit shall be detennined using the definition in Subsection 20 

### lUI of20.11.61.7 NMAC, except that the words "or enforceable as a practical mailer" should be added after 21 "federallyenforceable". 22 (3) Small entisslons unit means an emissions unit that emits or has the potential to emit the PAL 

### 23 pollutant in an amount less than the significant level for that PAL pollutant, as defined in Subsection 

### [WI ZZ of 24 20.11.61.7 NMAC or in the act. whichever is lower. 25 (4) Major entisslons unit means: 26 (a) Any emissions unit that emits or has the potential to emit 100 tons per yearor more ofthe 27 PAL pollutant in an attainment area; or 28 (b) any emissions unit that emits or has the potential to emit the PAL pollutant in an amount 29 that is equal to or greater than the major source threshold for the PAL pollutant as defined by the act for 30 nonattainment areas. For example, in accordance with the definition ofmajor stationary source in Section I 82(c) of 

### 31 the act, an emissions unit 

### would be amajor emissions unit for VOC ifthe emissions unit is located 

### in aserious 32 ozone nonattainment area and it emits or has the potential to emit 50 or more tons ofVOC per year. 33 (5) Plantwide applicability llntitation (PAL) means an emission limitation expressed in tons-per34 year, for a pollutant at a major stationary source that is enforceable as a practical matter and established source-wide 35 in accordance with 20.11.61.20 NMAC. 36 (6) PAL effective date generally means the date ofissuance ofthe PAL pennit. However, the PAL 37 effective date for an increased PAL is the date any emissions unit that is part ofthe PAL major modification 38 becomes operational and begins to emit the PAL pollutant. 39 (7) PAL effective period means the period beginning with the PAL effective date and ending 10 40 years latCT. 41 (8) PAL major modification means, notwithstanding the definitions for major modification and net 42 emissions increase in 20.11.61.7 NMAC, any physical change in or change in the method ofoperation ofthe PAL 43 source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL. 44 (9) PAL perntit means the major new source review pennit, the minor new source review pennit, or 45 the state operating pennit under a program that is approved into the SIP, or the title V pennit issued by the 46 department that establishes a PAL for a major stationary source. 47 (10) PAL pollutant means the pollutant for which a PAL is established at a major stationary source. 48 (II) Significant emissions unit means an emissions unit that emits or has the potential to emit a PAL 49 pollutant in an amount that is equal to or greater than the significant level as defined in Subsection 

### [WI ZZ of 50 20.11.61.7 NMAC or in the act, whichever is lower for that PAL pollutant, but less than the amount that would 51 qualify the unit as a major emissions unit as defined in Paragraph (4) ofSubsection B of20.11.61.20 NMAC. 52 C. Perntit appllcation requirements. As part ofa pennit application requesting a PAL, the owner 53 or operator ofa major stationary source shall submit the following infonnation to the department for approval. 54 (I) A list ofall emissions units at the source designated as small, significant or major based on their 55 potential to emit. In addition, the owner or operator ofthe source shall indicate which, ifany, federal or state 56 applicable requirements, emission limitations, or work practices apply to each unit.

20.11.61 NMAC Public Review Draft 9/28/10 17

### I (2) Calculations ofthe baseline actual emissions with supporting documentation. Baseline actual 

### 2 

### emissions are to include emissions associated not only with operation ofthe**uni~** 

### but also emissions associated with 3 stanup, shutdown, and malfunction. 4 (3) The calculation procedures that the major stationary source owner or operator proposes to use to 5 convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total for 6 each month as required by Subsection M of20.11.61.20 NMAC. 7 D. General requirements for estabUshlng PALs. 8 (J) The department may establish a PAL at a major stationary source. provided that at a minimum, 9 the following requirements 

### are met. 10 (a) The PAL shall impose an annual emission limitation in tons per year that is enforceable as a 

### II practical matter for the entire major stationary source. For each month during the PAL effective period after the first 12 12 months ofestablishing a PAL, the major stationary source owneror operator shall show that the sum ofthe 

### 13 monthly emissions from each emissions unit under the PAL for the previous 12 consecutive months is less than the 14 PAL (a 12-month average, rolled monthly). For each month during the first 

### II months from the PAL effective date, 15 the major stationary source owner or operator shall show that the sum ofthe preceding monthly emissions from the 16 PAL effective date for each emissions unit under the PAL is less than the PAL. 17 (b) The PAL shall be established in a PAL permit that meets the public participation 18 requirements in Subsection E of20.11.61.20 NMAC. 19 (c) The PAL permit shall contain all the requirements ofSubsection G of20.11.61.20 NMAC. 20 (d) The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions 21 units that emit or have the potential to emit the PAL pollutant at the major stationary sOurce. 22 (e) Each PAL shall regulate emissions ofonly one pollutant. 23 (I) Each PAL shall have a PAL effective period of 10 years. 24 (g) The owner or operator ofthe major stationary source with a PAL shall comply with the 25 monitoring, recordkeeping, and reporting requirements provided in Subsections L through 

### N of20.11.61.20 NMAC 26 for each emissions unit under the PAL through the PAL effective period.

. 27 (2) At no time during or after the PAL effective period are emissions reductions ofa PAL pollutant 28 that occur during the PAL effective period creditable as decreases for purposes ofoffsets under 40 CFR 29 5 1.1 65(a)(3)(ii) unless the level ofthe PAL is reduced by the amount ofsuch emissions reductions and such 30 reductions would be creditable in the absence ofthe PAL. 31 E. Public partlelpadon requirements for PALs, PALs for existing major stationary sources shall 32 be established, renewed, or increased, through a procedure that is consistent with 40 CFR 51.160 and 161. This 33 includes the requirement that the department provide the public with notice ofthe proposed approval ofa PAL 34 permit and at least a 30-day period for submittal ofpublic comment. The department must address all material 35 comments before taking final action on the permit. 36 

### F. Settlng the 10-year actuals PAL level, 37 (I) Except as provided in Paragraph (2) ofSubsection F of20.11.61.20 NMAC, the actuals PAL level 38 for a major stationary source shall be established as the sum ofthe baseline actual emissions ofthe PAL pollutant 39 for each emissions unit at the source; plus an amount equal to the applicable significant level for the PAL pollutant 40 under Subsection [¥¥) 

### ZZ of20.11.61.7 NMAC or under the act, whichever is lower. When establishing the 41 actuals PAL level, for a PAL pollutant, only one consecutive 24-month period must be used to determine the 42 baseline actual emissions for all existing emissions units. However, a different consecutive 24-month period may be 43 used for each different PAL pollutant. Emissions associated with units that were permanently shutdown after this 44 24-month period must be subtracted from the PAL level. The department shall specify a reduced PAL level(s) (in 45 tonslyr) in the PAL permit to become effective on the future compliance date(s) ofany applicable federal or state 46 regulatory requirement(s) that the department is aware ofprior to issuance ofthe PAL permit. For instance, ifthe 

### 47 source owner or operator 

### will be required to reduce emissions from industrial boilers in halffrom baseline emissions 48 of60 ppm NOx to a new rule limit of30 ppm, then the permit shall contain a futurl> effective PAL level that is equal 49 to the current PAL level reduced by halfofthe original baseline emissions ofsuch unit(s). 50 (2) For newly constructed units (which 

### do not include modifications to existing units) on which 51 actual construction began after the 24-month period, in lieu ofadding the baseline actual emissions as specified in 52 Paragraph (I) ofSubsection F of20.11.61.20 NMAC, the emissions must be added to the PAL level in an amount 53 equal to the potential to emit ofthe units. 54 

### G. Contents ofthe PAL permit. The PAL permit shall contain, at a minimum, the following 55 information. 56 (I) The PAL pollutant and the applicable source-wide emission limitation in tons per year.

20.11.61 NMAC Public Review Draft 9128110 18I (2) The PAL pennit effective date and the expiration date ofthe PAL (PAL effective period). 2 (3) Specification in the PAL pennit that ifa major stationary SOllll:e owneror opemlor applies to 3 renew a PAL in accordance with Subsection J of20.11.61.20 NMAC before the end ofthe PAL effective period, 4 then the PAL shall not expire at the end ofthe PAL effective period. [t shall remain in effect until a revised PAL 5 pennit is issued by the department. 6 (4) A requirement that emission calculations for compliance purposes include emissions from 7 startups, shutdowns and malfunctions. 8 (5) A requiremcnt that, once the PAL expires, the major stationary source is subject to the 9 requirement.. ofSubsection [of20.11.61.20 NMAC. 10 (6) The calculation procedures that the major stationary sOllll:e owner or opemtor shall use to convert II the monitoring system data to monthly emissions and annual emissions based on a [2-month rolling total for each 12 month as required by Pamgmpb (I) ofSubsection C of20.11.61.20 NMAC. 13 (7) A requirement that the major stationary SOllll:e owner or operator monitorall emissions units in 14 accordance with the provisions under Subsection M of20.11.61.20 NMAC. 15 (8) A requirement to retain the records required under Subsection M of20.11.61.20 NMAC on site. 16 Such records may be retained in an electronic fonnat. 17 (9) A requirement to submit the reports required under Subsection N of20.11.61.20 NMAC by the 18 required deadlines. 19 (10) Any other requirements that the department deems necessary to implement and enforce the PAL. 20 H. PAL effective period and reopening ofthe PAL permit, 21 (I) PAL effective period. The PAL effective period shall be 10 years. 22 (2) Reopening ofthe PAL permit. 23 (a) During the PAL effective period, the department shall reopen the PAL pennit to: correct 24 typogmphicaVcalculalion errors made in selling the PAL or reflect a more accurate detennination ofemissions used 25 to establish the PAL; reduce the PAL ifthe owneror opemtorofthe major stationary sOllll:e creates creditable 26 emissions reductions for use as offsets under 40 CFR 51.165(a)(3)(ii); and revise the PAL to reflect an increase in 27 the PAL as provided under Pamgmph Subsection 

### K of20.11.61.20 NMAC. 28 (b) The department may reopen the PAL pennit for the following: to reduce the PAL to reflect 29 newly applicable federal requirements (for example, NSPS) with compliance dates after the PAL etTective date; to 30 reduce the PAL consistent with any other requirement, that is enforceable as a practical mailer. and that the 31 department may impose on the major stationary sOllll:e under the plan; and to reduce the PAL ifthe department 32 detennines that a reduction is necessary to avoid causing or contributing to a NAAQS or PSD increment violation, 33 or to an adverse impact on an air quality related values (AQRV) that has been idenlified for a fedeml class [area by 34 a federal land manager and for which infonnalion is available to the geneml public. 35 (c) Except for the pennit reopening in Subparagmph (a) ofPamgmph (2) ofSubseclion H of 36 20.11.61.20 NMAC for the correction oftypogrRphicaVcalculation errors that do not increase the PAL level, all 37 reopenings shall be carried out in accordance with tbe public participation requirements ofSubsection E of 38 20.11.61.20 NMAC. 39 I. ExpIration ofa PAL. Any PAL that is not renewed in accordance with the procedures in 40 Subsection J of20.11.61.20 NMAC shall expire at the end ofthe PAL effective period, and the requirements in 41 Subsection I of20.11.61.20 NMAC shall apply. 42 (I) Each emissions unit, or each group ofemissions units, that existed under the PAL shall comply 43 with an allowable emission limitation under a revised pennit established according to the procedures in Pamgraph 44 (I) ofSubsection I of20.11.61.20 NMAC. 45 (a) Within the time frame specified for PAL renewals in Pamgmph (2) ofSubsection J of 46 20.11.61.20 NMAC, the major stationary sollll:e shall submit a proposed allowable emission limitation for each 47 emissions unit, or each group ofemissions units, ifsuch a distribution is more appropriate as decided by the 48 department, by distributing the PAL allowable emissions for the major stationary source among each ofthe 49 emissions units that existed under the PAL. Ifthe PAL had not yet been adjusted for an applicable requirement that 50 became effective during the PAL effective period, as required under Paragmph (5) ofSubsection J of20.11.61.20 51 NMAC, such distribution shall be made as ifthe PAL had been adjusted. 52 (b) The department shall decide whetherand how the PAL allowable emissions will be 53 distributed and issue a revised pennit incorpomting allowable limits for each emissions unit, oreach group of 

### 54 emissions units, as the 

### department determines is appropriate.

20.11.61 NMAC Public Review Draft 9/28110 19

### I 

### (2) Each emissions unit(s) shall comply with the allowable emission limitation on a 12-month rolling 2 basis. The department may approve the use ofmonitoring systems (source testing, emission factors, etc.) other than 3 CEMS, CERMS, PEMS or CPMS to demonstrate compliance with the allowable emission limitation. 4 (3) Until the department issues the revised permit incorporating allowable limits for each emissions 5 wtit, or each group ofemissions units, as required under Subparagraph (b) ofParagraph (I) 

### ofSubsection I of 6 20.11.61.20 NMAC, the source shall continue to comply with a source-wide, multi-unit emissions cap equivalent to 7 the level ofthe PAL emission limitation. 8 (4) Any physical change or change in the method ofoperation at the major stationary source will be 9 subject to major new source review requirements ifsuch change meets the definition ofmajormodification in 10 Subsection [HH)!! 

### of20.11.61.7 NMAC. II 

### (5) The major stationary source owner or operator shall continue to comply with any state Or federal 12 applicable requirements (BACT, RACT, NSPS, etc.) that may have applied either during the PAL effective period 13 or prior to the PAL effective period except for those emission limitations that had been established pursuant to 14 Subsection D 

### of20.11.61.\2NMAC, but were eliminated by the 

### PALin accordance with the provisions in 15 Subparagraph (c) ofParagraph (2) ofSubsection A of20.11.61.20 NMAC. 16 

### J. Renewal ora PAL, 17 (I) The 

### department shall follow the procedures specified in Subsection E of20.11.61.20 NMAC in 18 approving any request to renew a PAL for a major stationary source, and shall provide both the proposed PAL level 19 and a written rationale for the proposed PAL level to the public for review and comment During such public 20 review, 

### any person may propose a PAL level for the source for considerationby the department. 21 (2) AppUcatlon deadUne. A major stationary source owner or operator shall submit a timely 22 application to the department to request renewal ofa PAL. A timely application is one that is submitted at least six 23 months prior to, but not earlier than 

### 18 months from, the date ofpermit expiration. Ths deadline for application 24 submittal is to ensure that the permit will not expire before the 

### permit is renewed. Ifthe owner or operator ofa major 25 stationary source submits a complete application to renew the PAL within tbis time period, then the PAL shall 26 continue to be effective until the revised permit with the renewed PAL is issued. 27 (3) AppUcat!on requirements, 

### The application to renew a PALpermit shall contain the following 28 infonnation. 29 (a) The infonnation required in Subsection C of20.11.61.20 NMAC. 30 (b) A proposed PAL level. 31 (c) The sum ofthe 

### potential to emit ofall emissions units under the PAL, with supporting 32 documentation. 33 (d) Any other infonnation the owner oroperator wishes the department to 

### consider in 34 determining the appropriate level for renewing the PAL. 35 (4) PAL adjustment. In determining whether and how to 

### adjust the PAL. the department shall 36 consider the options outlined in Subparagraphs (a) and (b) ofParagraph (4) Subsection 

### J of20.11.61.20 NMAC. 37 However, in no case may any such adjustment fail to comply with Subparagraph (c) ofParagraph 4 ofSubsection 

### J 38 of20.11.61.20 NMAC. 39 (a) Ifthe 

### emissions level calculated in accordance with Subsection 

### F of20.11.61.20 NMAC is 40 equal to or greater than 

### 80 percent ofthe PAL level, the department may renew the PAL at the 

### same level without 41 considering the 

### factors set forth in Subparagraph (b) ofParagraph (4) ofSubsection 

### J of20.11.61.20 NMAC; or 42 (b) the department may set the PAL at a level that it determines to be more representative of 43 the source's baseline actual emissions, or that it determines to be appropriate considering air quality needs, advances 44 in control technology, anticipated economic growth in the area, desire to reward or encourage the source's voluntary 45 emissions reductions, or other factors as specifically identified by the department in its written rationale. 46 (c) Notwithstanding Subparagraphs (a) and (b) ofParagraph (4) ofSubsection 

### J of20.11.61.20 47 NMAC: ifthe potential to emit ofthe major stationary source is less than the PAL, the department shall adjust the 48 PAL to a level no greater than 

### the potential to emit ofthe source; and the 

### department shall not approve a renewed 49 PAL level higher than 

### the current PAL, unless the major stationary source has complied with the provisions of 50 Subsection K 

### of20.11.61.20 NMAC. 51 (5) Ifthe compliance date for a state or federal requirement that applies to 

### the PAL source occurs 52 during the PAL effective period, and ifthe department has not already adjusted for such requirement. the PAL shall 53 be adjusted at the time ofPAL permit renewal or Title V 

### permit renewal. whichever occurs first. 

### 54 K. 

### Increasing a PAL during the PAL effective period, 55 (I) 

### The department may increase a PAL emission limitation only ifthe major stationary source 56 complies with the following provisions.

20.11.61 NMAC PubUc Review Drart 

### 9128/10 20

### 1 (a) The owneroroperatorofthe major stationary source shall submit a complete application to 2 request an increase in the PAL limit for a PAL major modification. Such application shall identify the emissions 3 unit(s) 

### contributing to the increase 

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

### 4 exceed its PAL. 5 (b) As part ofthis application, the major stationary source owneror operator shall demonstrate 6 that the sum ofthe baseline actual emissiona ofthe small emissiona units, plus the sum ofthe baseline actual 7 emissions ofthe significant and major emissiona units assuming application ofBACT equivalent controls, plus the 8 sum ofthe allowable emissions ofthe new or modified emissiona unit(s), exceeds the PAL. The level ofcontrol that 9 would result from BACT equivalent controls on each significant or majoremissiona unit shall be determined by 10 

### conducting a new BACT analysis at the time the application is submitted, unless the emissiona unit is currently II 

### required to comply with a BACT or LAER requirement that was established within the preceding 10 years. In such 12 a case, the assumed contrnllevel for that emissiona unit shall be equal to the level ofBACT or LAER with which 13 

### that emissiona unit must currently comply. 14 (c) The owner or operator obtains a major new source review pennit for all emissiona unit(s) 15 identified in Subparagraph (a) ofParagraph (I) 

### ofSubsection B of20.11.61.20 NMAC, regardless ofthe magnitude 16 ofthe emissiona increase resulting from them, that is, no significant levels apply. These emissions unit(s) shall 17 comply with any emissiona requirements resulting from the major new source review process, for example, BACT, 18 even though they have also become subject to the PAL or continue to be subject to the PAL. 19 (d) The PAL permit shall require that the increased PAL level shall be elTective on the day any 20 emissions unit that is part ofthe PAL major modification becomes operational and begina to emit the PAL pollutant. 21 (2) The department shall calculate the new PAL as the sum ofthe allowable emissions for each 22 modified or new emissiona unit, plus the sum ofthe baseline actual emissiona ofthe significant and major emissions 23 units (assuming application ofBACT equivalent controls as determined in accordance with Subparagraph (b) of 24 Paragraph (I) 

### ofSubsection K 

### of20.11.61.20 NMAC), plus the sum ofthe baseline actual emissions ofthe small 2S 

### emissions units. 

### 26 (3) The PAL permit shall be revised to reflect the increased PAL level pUllluant to the public notice 27 requirements ofSubsection E of20.11.61.20 NMAC. 28 L. 

### Monitoring requirement. for PAL•• 29 (I) 

### General requirement•. 30 (a) Each PAL permit must contain enforceable requirements for the monitoring system that 31 accurately determines plantwide emissiona ofthe PAL pollutant in terms ofmass per unit oftime. Any monitoring 32 system authorized for use in the PAL permit must be based on sound science and meet generally acceptable 33 scientific procedures for data quality and manipulation. Additionally, the information generated by such system 34 must meet minimum legal requirements for admissibility in ajudicial proceeding to enforce the PAL permit. 35 (b) The PAL monitoring system must employ one or more ofthe four general monitoring 36 approaches meeting the minimum requirements set forth in Paragraph (2) ofSubsection L of20.11.61.20 NMAC 37 and must be approved by the department. 38 (c) Notwithstanding Subparagraph (b) ofParagraph (I) 

### ofSubsection L of20.11.61.20 NMAC, 39 you may also employ an alternative monitoring approach that meets Subparagraph (a) ofParagraph (I) 

### of 40 Subsection L of20.11.61.20 NMAC ifapproved by the department. 41 (d) Failure to 

### use a monitoring system that meets the requirements of20.11.61.20 NMAC 42 rendelll the PAL invalid. 43 (2) Minimum performance requirement. for approved monitoring approache•• The following 44 are acceptable general monitoring approaches when conducted in accordance with the minimum requirements in 45 Paragraphs (3) through (9) ofSubsection L of20.11.61.20 NMAC: 46 (a) mass balance calculationa for activities using coatings or solvents; 47 (b) CEMS; 48 (c) CPMS or PEMS: and 49 (d) emission factolll. 50 (3) Ma•• balance calculation•• An owner or operator using mass balance calculationa to monitor 51 PAL pollutant emissiona from activities using coating or solvents shall meet the following requirements: 52 (a) provide a demonstrated means ofvalidating the published content ofthe PAL pollutant that 53 is 

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

### 54 (b) assume that the emissions unit emits all ofthe PAL pollutant that is contained in or created 55 by any raw material or fuel used in or at the emissions unit, 

### ifit cannot otherwise be accounted for in the**process~** 

### 56 and

20.11.61 NMAC Public Review Draft 9/28110 21I 

### (c) where the vendor ofa material or fuel, which is used in or at the emissions unit, publishes a 2 range ofpollutant content from such material, the owneror operator must use the highest value ofthe range to 3 calculate the PAL pollutant emissions unless the department determines there is site-specific data or a site-specific 4 monitoring program to support another content within the range. 5 (4) CEMS. An 

### owner oroperatorusing CEMS to monitor PAL pollutant emissions shall meet the 6 following requirements: 7 (a) CEMS must comply with applicable performance specifications found in40 CFR part 60, 8 Appendix B; and 9 (b) CEMS must sample, analyze, and record data at least every 15 minutes while the emissions 10 unit is operating. II 

### (5) CPMS or PEMS. An 

### owner or operatorusing CPMS or PEMS to monitor PAL pollutant 12 emissions shall meet the following requirements: 13 (a) the CPMS or the PEMS must be based on current site-specific data demonstrating a 14 correlation between the monitored parameter(s) and the PAL pollutant emissions across the range ofoperation ofthe IS emissions unit; and 16 (b) each CPMS or PEMS must sample, analyze, and record data at least every 15 minutes, or at 17 another less frequent interval approved by the department, while the emissions unit is operating. 18 (6) Emission factors. An 

### owner or operator using emission factors 

### to monitor PAL pollutant 19 emissions shall meet the following requirements: 20 (a) all emission factors shall be adjusted, ifappropriate, to account for the degree ofuncertainty 2I 

### or limitations in the factors' development; 22 (b) 

### the emissions unit shall operate within the designated range ofuse for the emission factor, if 23 applicable; and 24 (c) iftechnically practicable, the owner or operator ofa significant emissions unit that relies on 25 an emission factor to calculate PAL pollutant emissions shall conduct validation testing to determine a site-specific 26 emission factor within six months ofPAL permit issuance, unless the department determines that testing is not 27 required. 28 (7) A source owner or operator must record and report maximum pOlential emissions without 29 considering enforceable emission limitations or operational restrictions for an emissions unit during any period of 30 time that there is 

### no monitoring data, unless another method for determining emissions during such periods is 31 specified in the PAL permit. 32 (8) Notwithstanding the requirements in Paragraphs (3) through (7) ofSubsection L of20.11.61.20 33 NMAC, where an owner or operator ofan emissions unit cannot demonstrate a correlation between the monitored 34 parameter(s) and the PAL pollutant emissions rate at all operating points ofthe emissions unit, the department shall, 35 at the time ofpermit issuance: 36 (a) establish default value(s) for determining compliance with the PAL based on the highest 37 potential emissions reasonably estimated at such operating point(s); or 38 (b) determine that operation ofthe emissions unit during operating conditions when there is no 39 correlation between monitored parameter(s) and the PAL pollutant emissions is a violation ofthe PAL. 40 (9) Revalidation. All data used to establish the PAL pollutant must be revalidated through 41 performance testing or other scientifically valid means approved by the department. Such testing must occur at least 42 once every five years after issuance ofthe PAL. 43 M. Recordkeeplng requirements. 44 (I) 

### The PAL permit shall require an owner or operator to retain a copy ofall records necessary to 45 determine compliance with any requirement of20.11.61.20 NMAC and ofthe PAL, including a determination of 46 each emissions unit's 12-month rolling total emissions, for five years from the date ofsuch record. 47 (2) The PAL permit shall require an owner or operator to retain a copy ofthe following records, for 48 the duration ofthe PAL effective periodplus five years: 49 (a) a copy ofthe PAL permit application and any applications for revisions to the PAL; and 50 (b) each annual certification ofcompliance pursuant to 20.11.42 NMAC, Operating Permits, 5 I 

### and the data relied on in certifying the compliance. 52 N. 

### Reporting and notification requirements. The owneror operator shall submit semi-annual 53 monitoring reports and prompt deviation reports to the department in accordance with 20.11.42 NMAC, Operating 

### 54 Permits. 

### The reports shall meet the following requirements. 55 (I) 

### Semi-annual report. The semi-annual report shall be submitted to the department within 30 days 56 ofthe end ofeach reporting period. This report shall contain the following information.

20.11.61 NMAC Public Review Draft 9/28/10 

### 22\ 

### 2 3 

### 4 

### 5 6 7 8 9 10 11 12 13 14 15 16 17 18 

### 19 20 21 

### 22 23 24 25 26 27 28 

### 29 30 3\ 32 33 34 35 36 37 38 39 40 41 42 43 

### 44 45 46 47 48 49 50 51 52 53 54 55 56 (a) The identification ofowner 

### and operator and the permit number. (b) Total annual emissions (tons/year) based on a 12-month rolling total for each month in the reporting period recorded pursuant to Paragraph (I) ofSubsection M of20. I 1.61.20 NMAC. (c) All data relied upon, including, but not limited to, any quality assurance or quality control data, in calculating the monthly and annual PAL pollutant emissions. (d) A list ofany emissions units modified or added to the major stationary source during the preceding six-month period. (e) The number, duration. and cause ofany deviations or monitoring malfunctions (other than the time associated with zero and span calibration checks), and any corrective action taken. (l) A notification ofa shutdown ofany monitoring system, whether the shutdown was permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully operational or replaced with another monitoring system, and whether the emissions unit monitored by the monitoring system continued to operate, and the calculation ofthe emissions ofthe pollutant or the number determined by method included in the permit, as provided by Paragraph (7) ofSubsection L of20.11.61.20 NMAC. (g) A signed statement by the responsible official as defined by 20.\1.42.7 NMAC certifying the uuth, accuracy, and completeness ofthe information provided in the report. (2) Deviation report. The major stationary source owner or operator shall promptly submit reports ofany deviations or exceedance ofthe PAL requirements, including periods where no monitoring is available. A report submitted pursuant to 40 CFR 70.6(aX3)(iii)(B) shall satisfy this reporting requirement. The deviation reports shall be submitted within the time limits prescribed by the applicable program implementing 40 CFR 70.6(a)(3)(iii)(B). The reports shall contain the following information: (a) the identification ofowner and operator and the permit number; (b) the PAL requirement that experienced the deviation or that was exceeded; (c) emissions resulting from the deviation or the exceedance; 

### and (d) a signed statement by the responsible official as defined by 20.11.42.7 NMAC certifying the uuth, accuracy, and completeness ofthe information provided in the report. (3) Revalidation results. The owner or operator shall submit to the depactment the results ofany revalidation test or method within three months after completion ofsuch test or method. O. Transition requirements. (I) The depactment may not issue a PAL that does not comply with the requirements ofSubsections A through 

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

- N, 1/23/06; Po, 8/30/10]
10.11.61.11 PUBLIC PARTICIPATION AND NOTIFICATION: 

### A. The depactment shall, within 30 days after receipt ofan application, review such application and determine whether it is administratively complete or there is any deficiency in the application or information submitted. To be deemed administratively complete, the application must meet the requirements of20.11.61.13 NMAC in addition to the requirements of20.11.41 NMAC. ifthe application is deemed: (I) administratively complete, a letter to that effect shall be sent by certified mail to the applicant; (2) administratively incomplete, a letter shall be sent by certified mail to the applicant stating what additional information or points ofclarification 

### ace necessary to deem the application administratively complete; upon receipt ofthe additional information or clarification, the depactment shall promptly review such information and determine whether the application is administratively complete; (3) administratively complete but no permit is required, a letter shall be sent by certified mail to the applicant informing the applicant ofthe determination. B. For purposes ofdetermining minor source baseline date pursuant to 40 CFR 

### 51: (I) an application is complete when it contains all the information necessary for processing the application; designating an application complete for purposes of40 CFR 51 does not preclude the department from requesting or accepting any additional information; and

. . (2) inthe event that additional information is submitted to remedy any deficiency in the application or mformatlon subnutted, the date ofreceipt ofthe application shall be the date on which the department received all required information. C. Within one year arter receipt ofa complete application, tbe department sball:

20.11.61 NMAC Public Review Drart 9/18/10 23I (I) Make a preliminary detennination whether construction should be approved, approved with 

### 2 conditions, or disapproved. 3 (2) Make available at the department district and local office nearest to the proposed source a copy of 4 all materials the applicant submitted, a copy ofthe preliminary detennination, and a copy or summary ofother 5 materials, ifany, considered in making the preliminary determination. 6 (3) Notify the public by advertisement in a newspaper ofgeneral circulation in the area in which the 7 proposed source would 

### be constructed: 8 (a) ofthe application; 9 (b) the preliminary determination; 10 (c) the degree ofincrement consumption that is expected from the source or modification; and II (d) ofthe opportunity for comment at a public hearing as well as written public comment; the 

### 12 public comment period sball be for 30 days from the date ofsuch advertisement. 13 (4) Send a copy ofthe notice ofpublic commentto: 14 (a) the applicant; 15 (b) the administrator; and 16 (c) officials and agencies havingjurisdiction over the location where the proposed construction 17 would occur as follows: any other state or local air pollution control agencies; the chiefexecutives ofthe city and 18 county where the source would 

### be located; any comprehensive regional land use planning agency; and any state, 19 federal land manager, or Indian governing body whose lands may be affected by emissions from the source or 20 modification. 

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

### 22 oral comments on the airquality impact ofthe source, alternatives to it, the control technology required, and other 23 appropriate considerations. 24 (6) Considerall written comments submitted within a time specified in the notice ofpublic comment 25 and all comments received at any public hearing(s) in making a final decision on the approvability ofthe 26 application. The department sball make all comments available for public inspection in the same locations where 27 the department made available preconstruction information relating to the proposed source or modification. 28 (7) Within 180 days after an application is deemed administratively complete, unless the director 29 grants an extension not to exceed 90 days for good cause: 30 (a) make a final determination ofwhether construction should be approved, approved with 

### 3 I conditions, or disapproved; and 32 (b) notify the applicant in writing ofthe final determination and make such notification 33 available for public inspection at the same location where the department made available preconstruction 34 information and public comments relating to 

### the source. 35 [20.11.61.21 NMAC

- N, 1/23/06; A, 8/30/10] 36 37 20.11.61.21 STACK HEIGHT CREDIT: The department sball review all applications in accordance with 38 the provisions of20.11.43 NMAC, StackHeights Requirements. 39 [20.11.61.22 NMAC

- Rp, 20.11.61.19 NMAC, 1123/06] 40 41 20.11.61.23 EXCLUSIONS FROM INCREMENT CONSUMPTION: 42 A. Following a public hearing, the director may exclude the following concentrations in determining 43 compliance with a maximum allowable increase: 44 (1) concentrations attributable to the increase in emissions from stationary sources which bave 45 converted from the use ofpetroleum products, natural gas, or both by reason ofan order in effect under Section 

### 2 (a) 46 and (b) ofthe Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation), over the 47 emissions from such sources before the effective date ofsuch an order;

. 48 (2) concentrations attributable to the increase in emissions from sources which have converted from 49 using natural gas by reason ofnatural gas curtailment plan in effect pursuant to the Federal Power Act, over the 50 emissions from such sources before the effective date ofsuch plan; 51 (3) concentrations ofparticulate matter attributable to the increase in emissions from construction or 

### 52 other temporary 

### emission-related activities ofnew 

### or modified sources;
. 53 (4) the increase in concentrations attributable to new sources outside the United States over the 54 concentrations attributable to existing sources which are included in the baseline concentration; and

20.11.61 NMAC Public Review Draft 9/28/10 24I (5) concentrations attributable to the temporary increase in emissions ofsulfur dioxide, paniculate 2 matter, or nitrogen oxides from stationary sources which are affected by plan revisions approved by the 3 administrator as meeting the criteria specified in Subsection D of20.11.61.23 NMAC. 4 Bo Ifthe plan provides that the concentrations to which Paragraph (1) or (2) ofSubsection A of 5 20.11.61.23 NMAC refers, shall be excluded, it shall also provide that no exclusion ofsuch concentrations shall 

### 6 apply more than five years after the effective date ofthe order to which Paragraph 

### (I) ofSubsection A of 7 20.11.61.23 NMAC refers, or the plan to which Paragraph (2) ofSubsection A of20.11.61.23 NMAC refers, 8 whichever is applicable. Ifboth such order and plan are applicable, no such exclusion shall apply more than five 9 years after the laterofsuch effective dates. 10 C. [Reserved] II D, For purposes ofexcluding concentr8tions pursuant to Paragraph (5) ofSubsection A of 12 20.11.61.23 NMAC, the administrator may approve a plan revision that: 13 (I) specifies the time over which the temporary emissions increase ofsulfur dioxide, paniculate 14 

### matter. or nitrogen oxides would occur such time is not to exceed 2 years in duration unless a longer time is 15 approved by the administrator. 16 (2) specifies that the time period for excluding certain contributions in accordance with Paragraph (1) 17 ofSubsection D of20.11.61.23 NMAC, is not renewable; 

### 18 (3) allows no emissions increase from a stationary source which would: 19 (a) impact a class I area or an area where an applicable increment is known to be violated; or 20 (b) cause or contribute to the violation ofa national ambient air quality standard; 21 (4) requires limitations to be in effect the end ofthe time period specified in accordance with 22 Paragraph (I) ofSubsection D of20.11.61.23 NMAC, which would ensure that the emissions levels from stationary 23 sources affected by the plan revision would not exceed those levels occurring from such sources before the plan 24 revision was approved. 25 [20.11.61.23 NMAC

- Rp, 20.11.61.21 NMAC, 1/23/06; A, 8/30/10] 26 27 

### 20.11.61.24 SOURCES IMPACTING FEDERAL CLASS 1 AREAS

- ADDITIONAL 28 

### REQUIREMENTS: 29 A. Notice to 

### EPA. The depanment shall transmit to the administrator and the federal land manager a 30 copy ofeach permit application relating to a major stationary source or major modification proposing to locate 31 within 100 kilometers ofany federal class I area. The complete permit application shall be transmitted within 30 32 days ofreceipt and 60 days prior to any public hearing on the application. The depanment shall include all relevant 

### 33 information in the permit application. Relevant information shall include an analysis ofthe proposed source's 34 anticipated impacts on visibility in the federal class I area. The depanment shall consult with all affected federal 35 land managers as to the completeness ofthe permit application and shall consider any analysis performed by the 36 federal land manager concerning the impact ofthe proposed major stationary source or major modification on air 37 quality related values (AQRV). This consideration shall include visibility, ifsuch analysis is received within 30 38 days after the federal land manager receives a copy ofthe complete application. Additionally, the depanment shall 39 notify any affected federal land manager within 30 days from the date the depanment receives a request for a pre40 application meeting from a proposed source subject to 20.11.61 NMAC. Notice shall be provided to the 

### 41 administrator and federal land manager ofevery action related to the consideration ofsuch permit. The department 42 shall also provide the federal land manager and the administrator with a copy ofthe preliminary determination 43 required under 20.11.61.21 NMAC and shall make available to them any materials used in making that 44 determination. In any case where the depanment disagrees with the federal land manager's analysis ofsource 45 impact on air quality related values, the depanment shall. either explain its decision or give notice to the federal land 

### 46 manager as to where the explanation can be obtained. In the case where the depanment disagrees with the federal 47 land managers' analysis, the depanment will also explain its decision or give notice to the public by advertisement in 48 a newspaper ofgeneral circulation in the area in which the proposed source would be constructed, as to where the 49 decision can be obtained. 50 B. The depanment shall transmit to air quality control agencies ofneighboring states and Indian 51 governing bodies a copy ofeach permit application having the potential to affect federal class I areas or increment 52 consumption in areas under theirjurisdiction. The depanment shall also provide the afTected air quality control 53 agencies and Indian governing bodies with a copy ofthe preliminary determination required under 20.11.61.21 54 NMAC and shall make available to them any materials used in making that determination. The depanment shall 55 include a provision for a 

### 60 day comment period for the federal land managers before any public hearing on a permit 56 application is held.

20.11.61 NMAC Public Review Draft 

### 9128/10 25

### I C. Federal land manage
... may demonstrate to 

### the department that emissions from a proposed source 2 or modification would have an adve

...e impact on air quality related values, including visibility, ofany federal class 3 I lands under theirjurisdiction. This may be done even though the change in air quality resulting from emissions 4 from the proposed source ormodification would not cause or contribute to concentrations which would exceed the 5 maximum allowable increases for a federal class I area. Ifthe department concUl'll with this demonstration, then the 6 source shall not be issued a permit. 7 D. Class I waivers: The owner or operator ofa proposed source or modification may demonstrate to 

### 8 the federal land manager thattbe emissions from a proposed source or modification would have no advene impact 9 on air quality related values, including visibility, offederal class I area under his or her

### jurisdiction. This may be 10 done even though the change in air quality resulting from emissions from such source or modification would cause 11 or contribute to concentrations which would exceed the maximum allowable increases for a federal class I area. If 12 the federal land manager conclll'll with such demonstration and so certifies to the department, the department may 13 grant a waiver from such maximum allowable increases. Emission limitations must be included in the permit as 14 necessary to assure that emissions ofsulfur dioxide, particulate matter, and 

### oxides ofnitrogen would not exceed 

### the 15 maximum allowable increases over minor source baseline concentrations shown in Table 5 of20.11.61.30 NMAC. 16 E. 

### For the case where the federal land manager does notperform an impact analysis with respect to 17 visibility impairment in a federal class I area, the department may perform suchan analysis. The department shall 18 not issue the source a permit ifthe department determines that an advene impact on visibility would occur. The 19 advene impact must 

### be due, primarily, to the operation ofthe proposed source or modification. 20 

### F. Sulfur dioxide waiver by governor with FLM concurrence: The owner or operator ofa 21 proposed major stationary source or major modification, which carmot 

### be approved under Subsection 0 of 22 20.11.61.23 NMAC, may demonstrate to the governor that the source cannotbe constructed by 

### reason ofan 23 exceedance ofa maximum allowable increase for a federal class I area for sulfur dioxide for a period of24 holll'll or 24 less. The owner or operator may also demonstrate that a waiverfrom this requirement would not advenely affect 25 the air quality related values ofthe federal class I area. The governor, after consideration ofthe federal land 26 manager's recommendalion and subject to his concurrence, may, after notice and public hearing, grant a waiver from 27 such maximum allowable increase. Ifthe waiver is granted, 

### the department shall issue a permit to 

### the owner or 28 operator ofthe source or modification. Any owner or operator ofa source or modification who obtains a permit 29 under 20.11.61 NMAC shall comply wilh sulfur dioxide emissions limitations. These limitations do not allow 30 increases ofambient concentralions, above the baseline concentration, to exceed the levels found in Table 6 of 31 20.11.61.3 I NMAC for periods of24 hoUl'll or less for more 

### than 18 days, not necessarily consecutive, in any annual 32 period, 33 G. Sulfur dioxide waiver by governor with the president's concurrence, In any case where the 34 governor recommends a waiver in which the federal land manager does notconcur, the recommendations ofthe 35 governor and the federal land manager shall be transmitted to the president through the office ofthe governor. Ifthe 36 president so direcl.., the department shall issue the permit. Any source or modification that obtains a permit under 37 20.11.61 NMAC shall comply with sulfur dioxide emissions limitations. These limitations do not allow increases in 38 ambient concentrations, above the baseline concentration, to exceed the levels found in Table 6 of20.11.61.31 39 NMAC for periods of24 holll'll or less for more than 18 days, not necessarily consecutive, in any armual period. 40 [20.11.61.24 NMAC

- Rp, 20.11.61.22 NMAC, 1/23106; 

### A, 8/30/10) 41 42 20.11.61.25 RESTRICTIONS ON AREA CLASSIFICATIONS: 43 A. Mandatory federal class I areas: 44 (I) All orthe following areas which were in existence on August 7, 1977, shall be class I areas 45 and may not be redesignated: 46 (a) international parks (all ofthem); 47 (b) national wilderness areas which exceed 5,000 acres in size; 48 (c) national memorial parks which exceed 5,000 acres in size; and 49 (d) national parks which exceed 6,000 acres in size. 50 (2) Specifically for New Mexico, these areas are: 51 (a) Bandelier wilderness, administered by national park service (NPS); 52 (b) Bosque del Apache wilderness, administered by national fish and wildlife service (NFWS); 53 (c) Carlsbad caverns national park, administeredby NPS; 54 (d) Gila wilderness, administered by national forest service (NFS); 55 (e) Pecos wilderness, administered by NFS; 56 (I) 

### Salt Creek wilderness, administered by NFWS;

20.11.61 NMAC Public Review Draft 9/28/10 26

### I (g) San Pedro Parks wilderness, administered by NFS; 2 (h) Wheeler Peak wilderness, administered by NFS; and 3 (i) White Mountain wilderness, administered by NFS. 4 B, Areas wbkb may be redesignated only as dass I or dass II: 5 (I) Tbe foUowing areas may be redesignated only as dass I or II: 6 (a) an area which, as ofAugust 7, 1977, exceeded 10,000 acres in size and was a national 7 monument, national primitive area, national preserve, national recreational area, national wild and scenic river, 8 national wildlife refuge; and 

### 9 (b) a national park or national wilderness area established after August 7, 1977 which exceeds 10 10,000 acres in size. II (2) SpedfieaUy for New Mexleo, these areaslndude (but are not neeessarUy limited to): 12 (a) Apaehe Kid wilderness, administered by national forest service (NFS); 13 (b) Bandelier national monument, administered by national park service (NPS); 14 (c) Biller Lake national wildlife refuge, administered by national fish and wildlife service 15 (NFWS); 16 (d) Blue Range wilderness, administered by NFS; 17 (e) Bosque del Apache national wildlife refuge, administered by NFWS; 18 (I) 

### Capitan mountains wilderness, administered by NFS; 19 (g) Cebolla wilderness, administered by bureau ofland management (BLM); 20 (h) Chama River Canyon wilderness, administered by NFS; 21 (i) Cmces Basin wilderness, administered by NFS; 22 (j) 

### De-na-zin wilderness, administered by BLM; 23 (k) EI Malpais nationalmonument, administered by NPS; 24 (I) 

### Latir Peakwilderness, administered by NFS; 25 (m) Manzano mountain wilderness, administered by NFS; 26 (n) San Andres national wildlife refuge, administered by NFWS; 27 (0) 

### Sandia Mountain wilderness, administered by NFS; 28 (P) 

### Sevilleta national wildlife refuge, administered by NFWS; 29 (q) 

### West Malpais wilderness, administered by BLM; 30 (r) White Sands national monument, administered by NPS; and 31 (s) Withington Wilderness, administered by NFS. 32 [20.11.61.25 NMAC

- Rp, 20.11.61.20 NMAC, 1/23/06; 

### A, 8/30/10] 

### 33 34 20.11.61.26 TABLE 1- PSD SOURCE CATEGORIES: 35 A. Carbon blackplants (fumaee process). 36 B. Charcoal production plants. 37 C. Chemical process plants (the term chemical processing plant shall not include ethanol production 38 facilities that produce ethanol by natural fermentation included in NAICS Codes 325193 or312140). 39 D. Coal cleaning plants (with thermal dryers). 40 E, Coke oven balleries. 41 F, Fossil fuel boilers (or combinations thereol) totaling more than 250 million BTUIhrheat input. 42 G. Fossil fuel-fired steam electric plants ofmore than 250 million BTUIhr heat input. 43 H. Fuel conversion plants. 44 I. 

### Glass fiber processing plants. 45 J, 

### Hydrofluoric acid plants. 46 K. Iron and steel mills. 47 L. 

### Kraft pulp mills. 48 M. Lime plants. 49 N. Municipal incinerators capable ofcharging more than 250 tons ofrefuse per day. 50 O. Nitric acid plants. 51 P. Petroleum refineries. 52 Q. 

### Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels. 53 R. Phosphate rock processing plants. 54 S. Portland cement plants. 55 T, Primary aluminum ore reduction plants. 56 U. Primary copper smelters.

20.11.61 NMAC PubUe Review Draft 9/28/10 

### 27V. Primary lead smelters. W. Primary zinc smelters. 

### X. Secondary metal production plants. Y. Sinlering plants. 

### Z. Sulfur recovery plants. 

### AA. Sulfuric acid plants. BB. Taconite ore processing plants. [20.11.61.26 NMAC

- Rp. 20.11.61.23 NMAC, 1/23/06; A, 8/30/10)
TABLE 2 SIGNIFICANT EMISSION RATES' 

# - POLLUTANT EMISSION RATE (TONSIYR) Carbon monoxide 100 Fluorides 3 Lead 0.6 Municipal waste combustor: Acid gases (measured as sulfurdioxide and hydrollen chloride) 40 (36 megagramslyear) Metals (measured as particulate matter) 15 (14 megagrarnslvear) Organics (measured as totalletra- through octa-chlorinated 0.0000035 (0.0000032 megagramslyr) dibenzo-p-dioxins and dibenzofurans) Municipal solid waste landfill emissions (measured as NMOC) 50 (45 me2agramslvear) Nitrogen oxides 40 Ozone 40VOCorNOx Particulate Matter: 

### Particulate matter emissions 25 

### PM1fl emissions IS 

### PM2
.S 

### emissions 10 lpy ofdirect PM ,., emissions; 40 lpy ofsulfurdioxide emissions; 40 lpy of 

### nitrogen oxide emissions unless demonstrated not to be a PM ,., precursor under Subsection [¥V] WW of20.11.61.7 NMAC
Sulfur compounds Hydrogen sulfide (H,S) 10 Reduced sulfur compounds (incl. H,S) 10 Sulfur dioxide 40 Sulfuric acid mist 7 Total reduced sulfur (incl. H,S) 10 Any other regulated new source review pollutant that is not listed in Any emission rate this table Each regulated pollutant 

### Emission rate or net emissions increase associated 

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

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

any Class I Federal area located within 10 Ian ofthe sOurce. 20116117 I 2 3 4 5 6 7 8 9 10

[20.11.61.27 NMAC

- Rp, 20.11.61.24 NMAC, 1/23/06; A, 8/30/10) II 12 13 20116128 TABLE 

### 3 - SIGNIFICANT MONITORING CONCENTRATIONS' AIR QUALITY POLLUTANT CONCENTRAnON AVERAGING TIME 

### micrograms per cubic meter (ug;m')

.

20.11.61 NMAC PublIc Review Draft 9/28/10 28Carbon monoxide 575 8 hours Fluorides 0.25 24 hours Lead 0.1 3 months Nitrol!.en dioxide 14 Annual Ozone b Particulate mailer (PM IO) 10 24 hours Sulfur comoound. Hydrogen sulfide (H,S) 0.20 I hour Reduced sulfur comoounds (incl. H,S) 10 I hour Sulfur dioxide 13 24 hours Sulfuric acid mist a Total reduced sulfur (incl. H,S) 10 I hour

a
- No acceptable monitoring techniques available at this time. Therefore, monitoring is not required until acceptable techniques are available. b - No de minimis airquality level is provided for ozone. However, any net emissions increase of 100 tons per year or more ofvolatile organic compounds or nitrogen oxides subject 10 PSD would be required to oerform an ambient imoact analvsis, includinl!. the l!.atherinl!. ofambient air aualitv data. [20.11.61.28 NMAC

- Rp, 20.11.61.25 NMAC, 1/23/06; A, 5/15106; A, 8/30/10] 1 2 3 20.116129 TABLE 4 - ALLOWABLE PSD INCREMENTS' Pollutant Maximum allowable Increase (micrograms per cubic meter) (ul!!m') Class I Class 

### II Class III Nitrogen Dioxide annual arithmetic mean 2.5 25 50 Particulate Matter 

### PM IO• 

### annual arithmetic mean 4 17 34 PM"" 24-hour maximum 8' 30' 60' Sulfur Dioxide 

### annual arithmetic mean 2 20 40 24-hour maximum 5' 91' 182' 

### 3-hour maximum 25' 512' 700'

. a - Not to be exceeded more than once a year. [20.11.61.29 NMAC

- Rp, 20.11.61.26 NMAC, 1/23/06; A, 5/15106; A, 8/30/10] 4 5 6 20.11.61.30 TABLE 

### 5

- MAXIMUM ALLOWABLE INCREASES FOR CLASS I VARIANCES:

7 8 9 10 Pollutant Maximum allowable increase Microl!l'llms oer cubic meter IUl!!m') Nitrogen Dioxide 

### annual arithmetic mean 25 Particulate Matter PM,o, annual arithmetic mean 

### I7 PM IO, 24-hour maximum 30 Sulfur Dioxide 

### annual arithmetic mean 20 24-hour maximum 91 

### 3-hour maximum 325 [20.11.61.30 NMAC

- N, 1/23/06; A, 8/30/10]
20.11.61.31 TABLE 6

- MAXIMUM ALLOWABLE INCREASE FOR SULFUR DIOXIDE WAIVER BY GOVERNOR:

20.11.61 NMAC Public Review Draft 9/28/10 29Period ofExposure Terrain Areas Low Hillh 24-hr. maximum 36 ull!m' 62 ull!m' 3-hr. maximum 130 ull!m' 221 uwm' I 2 [20.11.61.31 NMAC

- N, 1/23/06; A, 8/30/10] 3 4 HISTORY OF 20,11.61 NMAC: 5 Pre-NMAC History: The material 

### in this part was derived from that previously filed with the commission of 6 public records

- state records center and archives. 7 Regulation No. 29, Prevention ofSignificant Deterioration, 1/3/85; 8 Regulation No. 29, Prevention ofSignificant Deterioration, 6/18/86; 9 Regulation No. 29, Prevention ofSignificant Deterioration, 3/16/89; 10 Regulation No. 29, Prevention ofSignificant Deterioration, 4/24/90; II Regulation No. 29, Prevention ofSignificant Deterioration, 2/26/93. 12 13 History ofRepealed Material: 14 20 NMAC 11.61, Prevention ofSignificant Deterioration (filed 10/27/95) repealed 12/1/95. 15 20.11.61 NMAC, Prevention ofSignificant Deterioration (filed 8/30/02) repealed 1/23/06. 16 17 Other History: 18 Regulation No. 29, Prevention ofSignificant Deterioration, filed 2/26/93 renumbered, reformatted and replaced by 19 20 NMAC 11.61, Prevention ofSignificant Deterioration, med 10/27/95. 20 20 NMAC 11.61, Prevention ofSignificant Deterioration, filed 10/27/95 replaced by 20 NMAC 11.61, Prevention 21 ofSignificant Deterioration, filed 3/18/99. 22 20 NMAC 11.61, Prevention ofSignificant Deterioration, filed 3/18/99 renumbered, reformatted, amended, and 23 replaced by 20.11.61 NMAC, Prevention ofSignificant Deterioration, effective 10/1/02. 24 20.11.61 NMAC, Prevention ofSignificant Deterioration (filed 8/30/02) was replaced by 20.11.61 NMAC, 25 Prevention ofSignificantDeterioration, effective 1/23/06.

20.11.61 NMAC Public Review Drart 

### 9128/10 30)

NMAC;or

operate.

permit: )1 ENVIRONMENTAL PROTECTION' ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD; OPERATING PERMITS TITLE 20 CHAPTER 

### II PART 42

(b) would be required to obtain a permit solely because it is subject to regulations or requirements under Section 112(r),Prevention of AccidentalReleases ofthe federal act; (3) any acid rain source; and (4) any source in a source category so designated by the administrator, in whole or in part, by regulation, after notice and comment. B. Requirement for a permit: (I) A 20.11.42 NMAC source may operate after the time that it is required to submit a timely and complete application under 20.11.42 NMAC only if: (a) the source is in compliance with an operating pennit issued by the department or EPA; or (b) a timely pennit (including pennit renewal) application has been submitted consistent with Subsection A of20.11.42.12 NMAC; the ability to operate under these circumstances shall cease ifthe applicant fails to submit by the deadline specified in writing by the department any additional information identified as being needed to process the application. (2) Revocation or termination ofa pennit by the department terminates the permittee's right 10 20.11.42.2 SCOPE: A. 20.11.42 NMAC sources: Operating permits must 

### be obtained from the department for the following sources: (I) any major source; (2) any source, including an area source, subject to a standard or other requirement promulgated under Section III

- Standards of Peiformance for New Stationary Sources, or Section 112

-National Emission StandardsforHa::ardousAirPol/utants, ofthe federal act, but not including any source which: (a) is exempted under Subparagraph (b), ofParagraph (I), ofSubsection C of20.11.42.2 20.11.42.1 ISSUING AGENCY: Albuquerque-Bernalillo County Air Quality Control Board. P.O. BaJ 1293, Albuquerque, New Mexico 87103. Telephone: (505) 768-2601. [3/1194

. . . 12/1195; 20.11.42.1 NMAC

- 

### Rn, 20 NMAC 11.42.1.1, 1011102; A, 8110/09]

(3) The submittal ofa complete operating permit application shall not protect any source from any applicable requirement, including any requirement that the source have a pre-construction permit under.Title Iofthe federal act or hoard regulations. C. Source category exemptions and dererrals: (I) The following source categories are exempted from the obligation to obtain an operating (a) all sources and source categories that would be required to obtain a pennit solely because they are subject to 40 CFR Part 60, Subpart

### AAA

- Standards of PeiformanceforNew Residential WoodHeaters; (b) all sources and source categories that would be required to obtain a permit solely because they are subject to 40 CFR Part 61, Subpart 

### M - National Emission StandardforHazardousAirPol/utantsfor Asbestos, Section 61.145, Standard for Demolition andRenovation; (c) except as required under Section 20.11.42.14 NMAC, any source that would be required to obtain a pennit solely because ofemissions ofradionuclides; and (d) any source in a source category exempted by the administrator, by regulation, after notice 

### and comment. (2) Non-major sources, including those subject to Sections III or 112 of

### the federal act are exempt from the obligation to obtain a 20.11.42 NMAC permit until the administrator completes a rulemaking requiring 

### such sources to obtain operating permits. (3) Any source exempted from the requirement to obtain an operating permit may opt to apply for a pennit under 20.11.42 NMAC. D, Reserved. E. Indian tribaljurisdiction: The requirements of20.11.42 NMAC do not apply to sources within

. Indian tribaljurisdiction. Forthe operation ofsources in thatjurisdiction, the applicant shall make such applications

to the tribal authority or to the administrator, as appropriate. 

### I 

### 2 3 

### 4 5 6 7 8 9 10 

### II 12 13 14 15 16 17 18 19 20 21 

### 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 

### 44 45 46 47 48 49 50 51 52 53 54 55 56

20.11.42 NMAC Public Review Drart 9/28/10I [3/1194

... 12/1/95; 20.11.42.2 NMAC

- RD, 20 NMAC 11.42.1.2, 10/1/02; A, 8/10109] 2 3 20,11.42.3 STATUTORY AUTHORITY: 20.11.42 NMAC is adopted pursuant to the authority provided in 4 the New Mexico Air Quality Control Act, NMSA 1978 Sections 74-2-4, 74-2-5.C; the Joint 

### Air Quality Control 5 Board Ordinance, Bernalillo County Ordinance 94-5 Section 4; and the Joint Air Quality Control Board Ordinance, 6 Revised Ordinances ofAlbuquerque 1994 Section 9-5-1-4. 7 [3/1/94

... 1211/95; 20. \1.42.3 NMAC

- Rn, 20 NMAC 11.42.1.3, 10/1102] 8 9 20.11.42.4 DURATION: Permanent. 10 [12/1195; 20.11.42.4 NMAC

- Rn, 20 NMAC 11.42.1.4, 10/1102] \I 12 20.11.42.5 EFFECTIVE DATE: December I, 1995, unless a later date is cited at the end ofa section. 13 [3/1194; 20.11.42.5 NMAC

- Rn, 20 NMAC 11.42.1.5, 10/1/02; A, 8110/09] 14 [The effective date for interim approval ofthe operating permit program for Albuquerque-Bernalillo County, by the 15 administrator, is March 

### 13, 1995] 16 17 20.11.42.6 OBJECTIVE: To assure that major air pollution sources within Bernalillo county obtain an 18 operating permit setting forth ntinimum requirements and conditions ofoperation pursuant to Title V ofthe Clean 19 Air Act Amendments of 1990 (42 U.S.C. 7401, et seq.). 20 [3/1/94

. . . 12/1195; 20.11.42.6 NMAC

- Rn, 20 NMAC 11.42.1.6, 10/1102; A, 8110/09] 21 22 20.11.42.7 DEFINITIONS: In addition to the definitions in 20.11.42.7 NMAC, the definitions in 20.11.1 23 NMAC apply unless there is a conflict between definitions, in which case the definition in 20.11.42 NMAC shall 24 govern. 25 A." Acld rain source" has the meaning given to "affected source" in the regulations promulgated 26 under Title IV ofthe federalac!, and includes all sources subject to Title IV. 27 B." Affected programs" means the state ofNew Mexico and Indian tribes and pueblos that are 28 within 50 ntiles ofthe source. 29 C." Air pollutant" means an air pollution agent or combination ofsuch agents, including any 30 physical, chemical, biological, radioactive (including source material, special nuclear material, and byproduct 31 material) substance or matter, which is emitted into or otherwise, enters the ambient air. Such term includes any 32 precursors to the formation ofany air pollutant; to the extent the administrator has identified such precursor or 33 precursors for 

### the purpose for which the term "air pollutant" is used. This excludes water vapor, nitrogen (N,), 34 [e"""en

# "io,,\". (CO.l,] oxygen (0,), [

....lI>an.] and ethane. {NMED, Draft 20.2.70 NMAC} 35 D, "AIr pollution control equipment" means any device, equipment, process or combination 36 thereof, 

### the operation ofwhich would limit, capture, reduce, confine, or otherwise control regulated air pollutants or 37 convert for the purposes ofcontrol any regulated air pollutant to another form, another chemical or another physical 38 state. This includes, but is not lintited to, sulfur recovery units, acid plants, baghouses, precipitators, scrubbers, 39 cyclones, water sprays, enclosures, catalytic converters, and steam or water injection. 40 E." Applicable requirement" means all ofthe following, as they apply to entissions units at a 41 20.11.42 NMAC source (including requirements that have been promulgated orapproved by the board or EPA 42 through rulemaking at the time ofpermit issuance but have future-effective compliance dates): 43 (I) any standard orotherrequirement provided for in the New Mexico state implementation plan 44 approved by EPA, or promulgated by EPA through rulemaking, underTitle I ofthe federal act to implement the 45 relevant requirements ofthe federal act, including any revisions to that planpromulgated in40 CFR, Part 52; 46 (2) any term or condition ofany pre-construction permit issued pursuant to regulations approved or 47 promulgated through rulemaking under Title I, including Parts C or D, ofthe federal act, unless that tenn or 48 condition is determined by the department to be no longerpertinent; 49 (3) any standard orother requirement under Section III ofthe federal act, including Section III(d); 50 (4) any standard orother requirement under Section 112 ofthe federal act, including any requirement 51 concerning accident prevention under Section 112(r)(7) ofthe federal act; 52 (5) any standard or other requirement ofthe acid rain program underTitle IV ofthe federal act or the 53 regulations promulgated thereunder; 54 (6) any requirements established pursuant to Section 504(b) or Section 114(a)(3) ofthe federal act; 55 (7) any standard or other requirement under Section 126(a)(1) and (c) ofthe federal act;

20.11.42 NMAC Public Review Draft 9/28/10 2

### I (8) any standard or otherrequirement governing solid waste incineration under Section 129 ofthe 2 federal act; 3 (9) any standard orotherrequirement for consumer and commercial products, under Section 183(e) 4 ofthe federal act; 5 (10) any standard or otherrequirement for tank vessels under Section 183(1) ofthe federal act; 6 (II) any standard or otherrequirement ofthe program to control air 

### pollution from outercontinental 7 shelfsources, under Section 328 ofthe federal act; 8 (12) any standard or other requirement ofthe regulations promulgated to protect stratospheric ozone 

### 9 underTitle VI ofthe federal act, unless the administrator has determined that such requirements need not be 10 contained in a Title V permit; II (13) any national ambient air quality standard, or any increment or visibility requirement under Part 12 C ofTitle I ofthe federal act, butonly as it would apply to temporary sources permitted pursuant to Section 504(e) 13 ofthe federal act; and 14 (14) any regulation adopted by the board in accordance with thejoint air quality control board 15 ordinances pursuant to the New Mexico Air 

### Quality Control Act, 74-2-5.B NMSA 1978. 16 F. "Department" means the Albuquerque environmental health departmentor its succeSsor agency 17 or authority, as represented by the department director orhis or her designee. 18 G. "Draft permit" means a version ofa permit, for which the department offers for public 19 participation under Subsection B of20.11.42.13 NMAC or affected program review under Subsection C of 20 20.11.42.13 NMAC. 21 H. "Emlsolon limitation" means a requirement established by EPA, the board, orthe department. 22 that limits the quantity, rate orconcentration, or combination thereof, ofemissions ofregulated airpollutants on a 

### 23 continuous 

### basis, including any requirements relating to 

### the operation or maintenance ofasource to 

### assW"e 24 continuous 

### reduction. 

### 25 I. "Emissions allowable under the permit" means: 26 (I) any federally enforceable permit term or condition determined at issuance to be required by an 27 applicable requirement that establishes an emission limit (including a work practice standard); or 28 (2) any federally enforceable emissions cap that the permittee bas 

### assumed to avoid an applicable 29 requirement to which the source would otherwise be subject. 30 J. 

### "Emissions unit" means any part or activity ofa stationary source that emits or has the potential 31 to emit any regulated air pollutant or any air pollutant listed pursuant to Section 112(b) ofthe federal act. This term 32 is not meant to alter or affect the definition ofthe term ''unit'' for purposes ofTitle IV ofthe federal act. 33 K. "Federal act" means the federal Clean Air Act, as amended, 42 U.S.c. Section 7401, et seq. 34 L. "Federally enforceable" means all limitations and conditions which are enforceable by the 35 administrator, including those requirements developed pursuant to 40 CFR Parts 60 and 61, requirements within the 36 New Mexico state implementation plan, and any permitrequirements established pursuant to 40 CFR 52.21 or under 37 regulations approved pursuant to 40 CFR Part 51, Subpart I, including40 CFR 51.165 and 40 CFR 51.166. 38 M. "Final permit" means the version ofan operating permit issued by the department that has met all 39 review requirements ofSection 20.11.42.13 NMAC. 40 N. "Fugitive emissions" are those emissions, which could not reasonably pass through a stack, 41 chimney, vent, or other functionally equivalent opening. 42 O. "General permit" means an operating permit that meets the requirements ofSubsection D of 43 20.11.42.12 NMAC. 44 P. "Greenhouse gases" or "GHGs" means the air pollutant defined in § 

### 86.1818-12(a) ofChapter 1 45 ofTitle 40 ofthe CFR, as the aggregate group ofsix greenhouse gases: Carbon dioxide. nitrous oxide, methane. 46 hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. {6/3/10 FR} 47 [I'.) 

### Q. "Hazardous air pollutant" means an air contaminant that bas 

### been classified as a hazardous air 48 pollutantpursuant to the federal act. 49 

### IQ.I R. "Insignificant activities" means those activities listed by the department and approved by the 50 

### administrator as insignificant on the basis ofsize, emissions or production rate. 

### 51 

### IR.) §. 

### "Major source" means any stationary source (or any group ofstationary sources that are located 52 on one or more contiguous or adjacent properties, and are under common control ofthe same person(s)) in which all 53 ofthe pollutant emitting activities at such source belong to the same major group (i.e., all have the same two-digit 54 code), as described in the standard industrialclassification manual, 

### 1987, and that is described in paragraphs (1), 

### 55 (2), or (3) below. 56 (I) A major source under Section 112 ofthe federal act, which is defined as:

20.11.42 NMAC Public Review Draft 9/28/10 3I (a) for pollutants other

### than radionuclides, any stationary source or group ofstationary sources 2 located within a contiguous area and under common control that emits or has the potential to emit, in the aggregate, 3 10 tons per year or more ofany hazardous airpollutant which has been listed pursuant to Section 112 (b) ofthe 4 federal act, 25 tons per year or more ofany combination ofsuch hazardous airpollutants, or such lesser quantity as 5 the administrator may establish by rule; notwithstanding the preceding sentence, emissions from any oil or gas 6 exploration or production well (with its associated equipment) 

### and emissions from any pipeline compressor or pump 7 station shall not 

### be aggregated with emissions from other similarunits, whether or not such units are in a contiguous 8 

### area or under common**control~** to determine whether such units or stations are major sources; or 9 (b) for radionuclides, "major source" shall have the meaning specified by the administrator by 10 rule. II (2) A major stationary source ofair pollutants, as defmed in Section 302 ofthe act, that directly emits 12 or has the potential to emit, 100 tons per yearor more ofany air pollutant subject to regulation (including any major 13 source offugitive emissions ofany suchpollutant, as determined by rule by the administrator). The fugitive 14 emissions ofa stationary source shall not 

### be considered in determining whether it is a major stationary source for the 15 purposes ofSection 302(j) ofthe act, unless the source belongs to one ofthe following categories ofstationary 16 sources: {6/3/1O 

### FRI 17 (a) coal cleaning plants (with thermal dryers); 18 (b) kraft pulp mills; 19 (c) portland cement plants; 20 (d) primary zinc smelters; 21 (e) iron and steel mills; 22 (f) primary aluminum ore reduction plants; 23 (g) primary copper smelters; 24 (h) municipal incinerators capable ofcharging more 

### than 250 tons ofrefuse per day; 25 (i) hydrofluoric, sulfuric, or nitric acid plants; 26 (j) petroleum refineries; 27(k) lime plants; 28 (I) phosphate rock processing plants; 29 (m) coke ovenbatteries; 30 (n) sulfur recovery plants; 31 (0)' carbon black plants (furnace process); 32 (p) primary lead smelters; 33 (q) ruel conversionplant; 34 (r) sintering plants; 35 (s) secondary metal production plants; 36 (t) chemical process plants

- the term chemical processing plant shall not include etbanol 37 production facilities that produce ethanol by natursl fermentation included in NAICS codes 325193 or 312140; 38 (u) fossil-fuel boilers (or combination thereof) totaling more tban 250 million British thermal 39 units per hour heat input; 40 (v) petroleum storage 

### and transfer units with a total storage capacity exceeding 300,000 41 barrels; 42 (w) taconite ore processing plants; 43 (x) glass fiber processing plants; 44 (y) charcoal production plants; 45 (z) fossil fuel-fired steam electric plants ofmore than 250 million British thermal units per hour 46 heat input; or 47 (aa) any other stationary source category, which as ofAugust 7,1980, is being regulated under 48 Section III or 112 ofthe federal act. 49 (3) A major stationary source as defined in Part 

### D ofTitle 

### I ofthe federal act, including: 50 (a) for ozone non-attainment areas, sources with the potential to emit 100 tons per year or more 51 ofvolatile organic compounds or nitrogen oxides in areas classified as "marginal" or "moderate", 50 tons per year or 

### 52 more in areas classified as "serious", 25 tons per year or more 

### in areas classified as "severe". and 

### to tons per year or 53 more in areas classified as "extreme"; except that the references in Paragraph (3) ofSubsection 

### Ill) of20.11.42.7 54 NMAC to 100, 50, 25, and 10 tons per year ofnitrogen oxides shall not apply to any source for which the 55 administrator has made a finding, under Section I 82(f)( I) or (2) ofthe federal act, that requirements under Section 56 I 82(f) ofthe act do not apply;

20.11.42 NMAC Public Review Draft 9/28/10 4I (b) for ozone transport regions established pursuant to Section 184 ofthe federal act, sources 2 with the potential to emit 50 tons per year or more ofvolatile organic compounds; 3 (c) for camon monoxide non-attainment areas: 4 (i) that are classified as "serious"; and 5 (ii) in which statiooary sources contribute significantly to carbon monoxide levels as 6 determined under rules issued by the administrator, sources with the potential to emit 50 tons per year or more of 7 carbon monoxide; and 8 (d) for particulate malter (PM IO) non-attainment areas classified as "serious", sources with lhe 9 potential to entit 70 tons per year or more ofPM IO• 10 

## [8.1 L "Operating permit" or "permit" means any perntit or group ofpermits covering a source that is II issued, renewed, modified or revised pursuant to 20.11.42 NMAC. 12 

### Il'.)!!. "Operator" means the person(s) responsible for the overall operation ofa facility. 13 

### 1tJ.).Yo "Owner" means the person(s) who owns a facility or part ofa facility. 14 [V, 

### Ro.oA'od.] 15 W. "Permit modincatlon" means a revision to an operating perntit that meets the requirements of 

### 16 

### significant pennit modifications, minor pennit modifications, or administrative pennit amendments, as defined in 17 Subsection E of20.11.42.13 NMAC. 18 X. "Permittee" means the owner, operator or responsible official at a perntitted 20.11.42 NMAC 19 source, as identified in any permit application or modification. 20 Y. "Person" includes any individual, partnership, corporation, association, state or political 21 subdivision ofa state, and any agency, department or instrumentality ofthe United States, and any oftheir officers, 22 agents or employees. 23 Z. "Potential to emit" means the maximum capacity ofa statiooary source to emit any airpollutant 24 under its physical and operational design. Any physical or operational limitation on the capacity ofa source to emit 25 an airpollutant, including airpollution control equipment and restrictions on hours ofoperation or on the type or 26 amount ofmaterial combusted, stored, or processed, shall be treated as part ofits design ifthe limitation is federally 27 enforceable. The potential to emit for nitrogen dioxide shall be based on total oxides ofnitrogen. 28 AA. "Proposed permit" means the version ofa perntit that the department proposes to issue and 29 forwards to the adntinistrator for review in compliance with Subsection C of20.11.42.13 NMAC. 30 BB. "Regulated air pollutant" means the following: 3 I (I ) nitrogen oxides, total suspended particulate malter, or any volatile organic compounds; 32 (2) any pollutant for which a national ambient air quality standard has been promulgated; 33 (3) any pollutant that is subject to any standard promulgated under Section III ofthe federal act; 34 (4) any class I or II substance subject to any standard promulgated under or established by Title VI of 35 the federal act; [ef] 36 (5) any pollutant subject to a standard promulgated under Section 112 or any other requirements 37 established under Section 112 ofthe federal act, including: 38 (a) any pollutant subject to requirements under Section 112(j) ofthe federal act; ifthe 39 administrator fails to promulgate a standard by the date established pursuant to Section 112(e) ofthe federal act, any 40 pollutant for which a subject source would be a major source shall be considered to be regulated on the date 18 41 months after the applicable date established pursuant to Section 112(e).ofthe federal act; and 42 (b) any pollutant for which the requirements ofSection I 12(g)(2) ofthe federal act have been 43 met, but only with respect to the individual source subject to a Section 112(g)(2) requirement;..m: 44 161 any other oollutant"subject to regulation" as defined in Subsection II of20.11.42.7 NMAC. 45 {NMED, Draft 20.2.70 NMAC} 46 CC. "Renewal" means the process by which a perntit is reissued at the end ofits term. 47 DO. "Responsible official" means one ofthe following: 48 (I) For a corporation: a president, secretary, treasurer, or vice-president ofthe corporation in charge 49 ofa principal business function, or any other person who performs similar policy or decision-making functions for 50 the corporation, or aduly authorized representative ofsuch person ifthe representative is responsible for the overall 51 operation ofone or more manufacturing, production, or operating facilities applying for or subject to a perntit and 52 either: 53 (a) the facilities employ more than 250 persons or have gross annual sales or expenditures 54 exceeding $25 ntillion (in second quarter 1980 dollars); or 55 (b) the delegation ofauthority to such representatives is approved in advance by the 56 department. 

# I 20.11.42 NMAC Public Review Draft 9/28/10 5I (2) For a partnership or sole proprietorship: a general partner or the proprietor, respectively. 2 (3) For a municipality, state, federal or otherpublic agency: either a principal executive officer or 3 ranking elected official. For the purposes of20.11.42 NMAC, a principal executive officer ofa federal agency 4 includes the chiefexecutive officer having responsibility for the overall operations ofa principal geographic unit of 5 the agency (e.g., a regional administrator ofEPA). 6 (4) For an acid rain source: 7 (a) the designated representative (as defmed in Section 402(26) ofthe federal act) in so far as 8 actions, standards, requirements, or prohibitions underTitle IV ofthe federal act or the regulations promulgated 9 thereunder are concerned; and 10 (b) the designated representative for any other purposes under40 CFR, Part 70. II EE. "Section 502(b)(IO) cbanges" are changes that conlI1lvene an express permit term. Such changes 

### 12 do not include changes that would violate applicable requirements or conlI1lvene permit terms and conditions that 13 are monitoring (including test methods), record keeping, reporting, or compliance certification requirements. 14 

### FF, "Sbutdown" means the cessation ofoperation ofany air pollution control equipment, process 15 equipment or process for any purpose. 16 

### GG. "Startup" means the selling into operation ofany airpollution control equipment, process 17 equipment or process for any purpose. 18 HH. "Stationary source" or "source" means any building, structure, facility, or installation that emits 19 or may emit any regulated air pollutant or any pollutant listed under Section 112(b) ofthe federal act. 20 

### 11. "Sublect to regulation" means fur any airpollutant that 

### the pollutant is subject to either a 21 provision in the Clean Air Act, or a nationally-aoolicable regulation codified by the adrninislI1ltor in Subchapter C of 22 40 CFR Chapter 

### 1. that requires actual control ofthe quantity ofemissions ofthat oollutant. and that such a control 23 requirement has taken effect and is operative 

### 10 control. limit or restrict the quantity ofemissions ofthat pollutant 24 released from the regulated activity. Exceotthat: 25 

### III "Greenhouse gases" IGHGs) shall not be subject to regulation unless, as ofJuly 

### I. 2011. the 26 GHG emissjons are at a stationary source emilling or having the potential to emit 100.000 tpy COl eouivalent 27 emissions. 28 (2) The term "toy COl equivalent emissions" (COle) shall reoresent an amount ofGHGs emilled. and 29 shall be computed by multiplying the mass amount ofemissions (toY), for each ofthe six greenhouse gases in the 30 pollutant GHGs. by the gas's associated global warming potential published atTable A I to Subpart A of40 CFR 31 Part 98, Global Warming Potentials. 

### and summing the resultant value for each to compute a toy CO.e. {6/3/10 FR} 32 [U] 

### JJ. "Subsidiary" means a business concern which is owned or controlled by, or is a partner of, the 33 applicant or permillee. 34 [U] "Title I modification" means any modification under Sections III or 112 ofthe federal 35 act and any physical change or change in method ofoperations that is subject to the pre-<:onstruction regulations 36 promulgated under Parts C and D ofthe federal act 37 [3/1/94

. . . 1211/95; 20.11.42.7 NMAC

- Rn, 20 NMAC 11.42.1.7, 10/1/02; A, 211103; A, 8/10/09] 38 39 20.11.42.8 VARIANCES: In accordance with thejoint air quality control board ordinances pursuant to the 40 New Mexico Air Quality Control Act Section 74-2-8 NMSA 1978, applicants and permittee's may seeka variance 41 from the non-federally enforceable provisions of20.11.42 NMAC. 42 [3/1/94

... 12/1/95; 20.11.42.8 NMAC

- Rn, 20 NMAC 11.42.1.8, 10/1/02; A, 8/10/09] 43 44 20.11.42,9 SAVINGS CLAUSE: Any amendment to 20.11.42 NMAC, which is filed, with the state records 45 center shall not affect actions pending for violation ofa city orcounty ordinance, or 20.11.42 NMAC. Prosecution 46 for a violation under prior regulation wording shall be governed and prosecuted under the statute, ordinance, part or 47 regulation section in effect at the time the violation was commilled 48 [12/16/94

. . . 12/1195; 20.11.42.9 NMAC

- Rn, 20 NMAC 11.42.1.9, 10/1/02; A, 8/10/09] 49 50 20.11.42.10 SEVERABILITY: Ifany seetion, paragraph, sentence, clause, Or word of20.11.42 NMAC is for 51 any reason held to be unconstitutional or otherwise invalid by any court, the decision shall not affect the validity of 52 remaining provisions of20.1 1.42 NMAC. 53 [12/16/94

... 12/1195; 20.11.42.10 NMAC

- Rn, 20 NMAC 11.42.1.10, 10/1102; A, 8110/09] 54 55 20.11.42.11 DOCUMENTS: Documents incorporated and cited in 20.11.42 NMAC may be viewed at the 56 Albuquerque Environmental Health Department, 400 Marquelle NW, Albuquerque, NM.

20.11.42 NMAC PubUc Review Draft 9/28/10 6I [12/1/95; 

### 20.11.42.11 NMAC

- Rn, 

### 20 NMAC 

### 11.42.1.11 & 

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

### 8/1 0/09] 2 3 

### 20.11.42.12 PERMIT REQUIREMENTS: 4 A. Permit applications: 

### 5 (I) Duty to apply. For each 

### 20.11.42 NMAC source, the owner or operator shall submit a timely and 

### 6 complete permit application in accordance with 

### 20.11.42 NMAC. 7 (2) Timelyappllcatlon. 8 (a) A timely application Is: 9 (i) for first time applications, one that is submitted within 

### 12 months after the source 

### 10 commences operation as a 

### 20.11.42 NMAC source, [er as esl8lllis"ea in lb. _ilien s.".alli••lIl1in.a in II SlIh"lll'8gF8p" (h), ofPllFRgF8p" (2), efSubsootien A .£20.11.42.12 NMAC hole",); {NMED, Draft 

### 20.2.70 NMAC 

### 12 re: 

### 40 CFR 

### 70.5} 13 (ii) for purposes ofpermit renewal, one that is submitted at least 

### 12 months prior to the 

### 14 date ofpermit expiration; 

### 15 (iii) for the acid rain portion ofpermit applications for initial phase 11 acid rain sources 16 under Title IV ofthe federal act, by January I, 1996 for sulfur dioxide, and by January I, 1998 for nitrogen oxides. 

### 17 (b) [TransltloR se"edlile. A limoly 8""li.8tioR fer 8 20.11.42**~IM"'C** 8e

.....0

...Atio" is in 

### 18 

### epemtisB SR 

### BreeCe,., the stIee'i'/!! date ef:20.ll.42**~~fA-e** 

### is 

### aRe that is 

### soomiM:8s: 19 (i) '.vitaiR 

### nix fBBRlhs 

### after f:he ef.Ieetive Elate tar storage Bf

### gaseliRe ia**sta~eaary** 

### 20 es_ineM haviAg greater 

### dtan 40,000 galleftB**eapaei~·** 

### &fill loaEliR! efg8BBliftB 

### frem leading faBlES h&",iflg 8

### 3Q day 21 tMBtlgftpiit greater 

### thtm (;gg,QOg gelloR8; 

### 22 (ii) 

### ;vithln 12 months after tRe allee'iva date fer ether S81:1fees.] 

### Reserved. {Previously 23 removed by NMED, effective 9/6/06, re: 

### 40 CFR 

### 70.5} 24 (3) Completene

.. orapplication. 

### 25 (a) To be deemed complete, an application must provide all information required pursuant to 

### 26 Paragraph 

### (4), ofSubsection A of

### 20.11.42.12 NMAC, except that applications for permit modifications need supply 

### 27 such information only ifit is related to the proposed change. 28 (b) If, while processing an application, regardless ofwhether it 

### has been determined or deemed 29 to 

### be complete, the department determines that additional information is necessary to evaluate or take final action on 

### 30 that application, it may request such information in writing and set a reasonable deadline for a response. 

### 31 (c) Any applicant who fails to submit any relevant facts or who 

### has submitted incorrect 

### 32 information in a permit application or in a supplemental submittal shall, upon becoming aware ofsuch failure or 33 incorrect submittal. promptly submit such supplementary facts orcorrected information. [n addition. an applicant 

### 34 shall provide further information as necessary to address any requirements that become applicable to the source after 

### 35 the date 

### it med a complete application but prior to release ofa draft permit. 

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

### 37 Paragraph (I), ofSubsection B of

### 20.11.42.2 NMAC, shall be in effect from the date a timely application is 

### 38 submitted until the fmal permit is issued or disapproved, provided that the applicant adequately submits any 39 requested additional information by the deadline specified by the department. 

### 40 (4) Content orapplication. Any person seeking a permit under 

### 20.11.42 NMAC shall do so by 

### 41 ming a written application with the department. The applicant shall submit three copies ofthe permit application, or 

### 42 more, as requested by the department. An applicant may not omit information needed to determine the applicability 

### 43 of, or to impose, any applicable requirement, or to evaluate the fee amount required under 

### 20.11.2 NMAC, Fees. 44 Fugitive emissions shall be included in the permit application in the same manner as stack emissions, regardless of 

### 45 whether the source category in question is included in the list ofsources contained in the definition ofmajor source. 

### 46 All applications shall: 

### 47 (a) be made on forms furnished by the department, which for the acid rain portions ofpermit 

### 48 applications and compliance plans shall be on nationally-standardized forms to the extent required by regulations 49 promulgated under Title IV ofthe federal act; 

### 50 (b) state the company's name and address (and. ifdifferent, plant name and addre

..), together 

### 51 with the names and addresses ofthe owner(s), responsible official and the operator ofthe source, any subsidiaries or 52 parent companies. the company's state ofincorporation orprincipaJ registration to do business and corporate or 

### 53 partnership relationship to other permittee's subject to 

### 20.11.42 NMAC, and the telephone numbers and names of 

### 54 the owners' agent(s) and the site contact(s) familiar with plant operations; 

### 55 (c) state the date ofthe application;



### 20.11.42 NMAC Public Review Drart 9/28/10 

### 7I (d) include a description ofthe source's processes and products (by standard industrial 2 classification code) including any associated with alternative scenarios identified by the applicant, and a map, such 3 as the 7.5 minute topographic quadrangle map published by the United States geological surveyor the most detailed 4 map available showing the exact location ofthe source; the location shall be identified by latitude and longitude or 5 by 

### UTM coordinates; 6 (e) for all emissions ofall 

### air pollutants for which the source is major and all emissions of 7 regulated air pollutants, provide all emissions information, calculations and computations for 

### the source and for each 8 emissions unit, except for insignificant activities (as defined in Subsection 

### IQI R of20.11.42.7 NMAC); this shall 9 include: 10 (i) a process flow sheet ofall components ofthe facility which would be involved in 11 routine operations 

### and emissions; 12 (ii) identification and description ofall emission points in sufficient detail to establish the 13 basis for fees and applicability ofrequirements ofthe state and federal acts; 14 (iii) emissions rates in tons per year, pounds per hour and other terms necessary to 15 establish compliance consistent with the applicable standard rererence test method; 16 (iv) specific information such as that regarding fuels, fuel use, raw materials, or 17 production rates, to the extent it is needed to determine or regulate emissions; 18 (v) identification and full description, including all calculations and the basis for all 19 control efficiencies presented, ofair pollution control equipment and compliance monitoring devices or activities; 20 (vi) the maximum and standard operating schedules ofthe source, as well as any work 21 practice standards or limitations on source operation which afTect emissions ofregulated pollutants; 22 (vii) an operational plan defining the measures to be taken to mitigate source emissions 23 during startups, shutdowns and emergencies; 24 (viii) other relevant information as the department may reasonably require or which are 25 required by any applicable requirements (including information related to stack height limitations developed 26 pursuant to Section 123 ofthe federal act); and 27 (ix) for each alternative operating scenario identified by the applicant, all ofthe 28 information required in Items (i) through (viii) above, as well as additional information determined to be necessary 29 by the department to define such alternative operating scenarios; 30 (I) provide a list ofinsignificant activities (as defined in Subsection 

### IQI R of20.11.42.7 3 I NMAC) at the source, their emissions, to the extent required by the department, and any information necessary to 32 determine applicable requirements; 33 (g) provide a citation and description ofall applicable air pollution control requirements, 34 including: 35 (i) sufficient information related to the emissions ofregulated air pollutants to verify the 36 requirements that 

### are applicable to the source; and 37 (ii) a description ofor reference to any applicable test method for determining 38 compliance with each applicable requirement; 39 (h) provide an explanation ofany proposed exemptions from otherwise applicable 40 requirements; 41 (i) provide other specific information that may be necessary to implement and enforce other 42 requirements ofthe state or federal acts or to determine the applicability ofsuch requirements, including information 43 necessary to collect any fees owed under 20.11.2 NMAC, 

### Fees; 44 (j) for applications which: 45 (i) 

### are required pursuant to the transition schedule in Subparagraph (b), ofParagraph (2), 46 ofSubsection A of20.11.42.12 NMAC; or 47 (ii) fur subsequent applications or modifications, where emissions or anticipated 

### 48 emissions have increased since modeling for a modification or new source construction was reviewed under 49 20.11.41 NMAC or 20.11.42 NMAC: submit a dispersion modeling analysis, using EPA approved models and 50 procedures, showing whether emissions from the source would cause air pollutant concentrations in excess ofany 51 New Mexico ambient air quality standard for nitrogen oxides, sulfur oxides, total suspended particulates or non52 methane hydrocarbons, or any national ambient airquality standard; air pollutants that 

### are not emitted in significant 53 amounts (as defmed in 40 CFR 52.2 I (b)(23)(i» during routine operations need not he modeled; the department may 54 waive modeling with respect to ozone ifthe department determines that emissions from the source 

### are not likely to 55 cause ozone concentrations in excess ofthe national ambient air quality standard; 56 (k) provide certification ofcompliance, including:

20.11.42 NMAC Public Review Draft 9/28/10 8

### I (i) a certification, by a responsible official consistent with Paragraph (5), ofSubseclion A 2 of20.11.42.12 NMAC ofthe source's compliance status for each applicable requirement; 3 (ii) a statement ofmethods used for determining compliance, including a description of 4 monitoring, record keeping, and reporting requirements and test methods; 5 (iii) a statement that the source will continue to be in compliance with applicable 6 requirements for which 

### it is in compliance, and will, in a timely manner or at such schedule expressly required by 7 the applicable requirement, meet additional applicable requirements that become efTective during the permit term; 8 (iv) a schedule for submission ofcompliance certifications during the permit tenn. to 

### be 

### 9 submitted no less frequently 

### than annually, or more frequently ifspecified by the underlying applicable requirement 10 or by the department; and II (v) a statement indicating the source's compliance status with any enhanced monitoring 12 and compliance certification requirements ofthe federal act; 13 (I) 

### for sources that are not in compliance with all applicable requirements at the time ofpermit 14 application, provide a compliance plan that contains: 15 (i) a description ofthe compliance status ofthe source with respect to all applicable 16 requirements; 17 (ii) a narrative description ofhow the source will achieve compliance with such 18 requirements for which it is not in compliance; 19 (iii) a schedule ofremedial measures, including an enforceable sequence ofactions with 20 milestones, leading to compliance with such applicable requirements; the schedule ofcompliance shall be at least as 21 stringent as that contained in any consent decree or administrative order to which the source is subject, and the 22 obligations ofany consent decree or administrative order shall not be in any way diminished by the schedule of 23 compliance; any such schedule ofcompliance shall be supplemental to, and shall not prohibit the department from 24 taking any enforcement action for noncompliance with, the applicable requirements on which it is based; 25 (iv) a schedule for submission ofcertified progress reports no less frequently than every 26 six months; and 27 (v) for the portion ofeach acid rain source subject to the acid rain provisions ofTitle IV 28 ofthe federal act, the compliance plan content requirements specified in this paragraph, except as specifically 29 superseded by regulations promulgated under Title IV ofthe federal act with regard to the schedule and method(s) 30 the source 

### will use to achieve compliance with the acid rain emissions limitations. 

### 31 (5) Certification. Any document, including any application form. report, or compliance certification, 32 submitted pursuant to 20.11.42 NMAC shall contain certification by a responsible official oftruth, accuracy, and 33 completeness. This certification and any other certification required under this regulation shall state that, based on 34 inlormation and beliefformed after reasonable inquiry, the statements and inlormation in the document are true, 35 accurate, and complete. 36 B. Confidential information protection: 37 (I) All confidentiality claims made regarding material submitted to the department under 20.11.42 38 NMAC shall be reviewed in accordance with the provisions ofthejoint air quality control board ordinances pursuant 39 to the New Mexico Air Quality Control Act Section 74-2-11 NMSA 1978 and the New Mexico Inspection ofPublic 40 Records Act, Section 14-2-1, et seq. NMSA 1978. 41 (2) In the case where an applicant orpermittee has 

### submitted inlormation to the department under a 42 claim ofconfidentiality, the department may also require the applicant or permittee to submit a copy ofsuch 43 information directly to the administrator. 44 (3) An operating permit is a public record, and not entitled to protection under Section 114(c) ofthe 45 federal act. 46 C. Permit content: 47 (I) Permit conditions. 48 (a) The department shall specify conditions upon a permit, including emission limitations and 49 sufficient operational requirements and limitations, to assure compliance with all applicable requirements at the time 50 ofpermit issuance oras specified in the approved schedule ofcompliance. The permit shall: 51 (i) for major sources, include all applicable requirements for all relevant emissions units 52 in the major source; 53 (ii) for any non-major source subject to Section 20.11.42.2 NMAC, include all applicable 54 requirements which apply to emissions units that cause the source to be subject to 20.11.42 NMAC;

20.11.42 NMAC Public Review Draft 9128/10 

### 9I (iii) specify and reference the origin ofand authority for each tenn or condition, and 2 identify any difference in fonn as compared to the applicable requirement upon which the tenn or condition is 3 based; 4 (iv) include a severability clause to ensure the continued validity ofthe various permit 5 requirements in the evenl ofa challenge to any portions ofthe permit; and 6 (v) include aprovision to ensure that the pennillee pays fees to the department consistent 7 with the fee schedule in 20.11.2 NMAC, 

### Fees; 8 (vi) for purposes of

### the permit shield, identify any requirement specifically identified in 9

.the application or significant pennit modification that the department has detennined is not applicable 10 the source, 

### to and state the basis for any such determination. II (b) Eachpermit issued shall, additionally, include provisions staling that: 12 (i) the pennittee shall comply with alltenns and conditions ofthe permit; any pennit 13 noncompliance is grounds for enforcement action; in addition, noncompliance with federally enforceable pennit 14 conditions constitutes a violation ofthe federal act; 15 (ii) it shall not be a defense for a permittee in an enforcement action that it would have 16 been necessary to halt or reduce 

### the pennitted activity in order to maintain compliance with the conditions ofthe 17 permit; 18 (iii) the permit may be modified, reopened and revised, revoked and reissued, or 19 tenninated for cause in accordance with Subsection F of20.11.42.13 NMAC; 20 (iv) the filing ofa request by the permittee for a pennit modification, revocation and 21 reissuance, or termination, or ofa notification ofplanned changes or anticipated noncompliance shall not stay any 22 permit condition; 23 (v) the permit does not convey any property rights ofany sort, or any exclusive privilege; 24 (vi) within the period specified by the department, the permittee shall furnish any 25 information that the department may request in writing to determine whether cause exists for reopening and revising, 26 revoking and reissuing, or tennination ofthe permit or to detennine compliance with 

### the**permi~** upon request, the 27 permittee shall also furnish to the department copies ofrecords required by the pennit to be maintained. 28 (c) The terms and conditions for all alternative operating scenarios identified in the application 29 and approved by the department: 30 (i) shall require that 

### the permittee maintain a log at the pennitted facility which 31 documents, contemporaneously with any change from one operating scenario to another, the scenario under which 32 the facility is operating; and 33 (ii) shall, for each such alternative scenarto, meet all applicable requirements and the 34 requirements of20.11.42 NMAC. 35 (d) The department may impose conditions regulating emissions during startup and shutdown. 36 (e) All permit tenns and conditions which are required under the federal act or under any ofits 37 applicable requirements, including any provisions designed to limit a source's potential to emit, are enforceable by 38 the administrator and citizens under the federal act. The pennit shall specifically designate as not being federally 39 enforceable under the federal act any tenns or conditions included in the pennit that are not required under the 40 federal actor under any ofits applicable requirements. 41 (I) The issuance ofa permit, or 

### the filing or approval ofa compliance plan, does not relieve any 42 person from civil or criminal liability for failure to comply with the provisions ofthe Air Quality Control Act, the 43 federal act, federal regulations thereunder, any applicable regulations ofthe board, and any other applicable law or 44 regulation. 45 (g) The department may include part or all ofthe contents ofthe application as tenns and 46 conditions ofthe permit or permit modification. The department shall not apply pennitterms and conditions upon 47 emissions ofregulated pollutants for which there are no applicable requirements, unless the source is major for that 48 pollutant. 49 (h) Fugitive emissions from a source shall be included in the operating pennit in the same 50 manner as stack emissions, regardless ofwhether the source category in question is included in the list ofsources 51 contained in the defmition ofmajor source. 52 (i) The acid rain portion ofoperating permits for acid rain sources shall: 53 (i) state that, where an applicable requirement ofthe federal act is more stringent than an 54 applicable requirement ofregulations promulgated under Title 

### IV ofthe federal act, both provisions shall be 55 incorporated into the permit and shall be enforceable by the administrator;

20.11.42 NMAC Publie Review Draft 9128110 10I (ii) contain a pennit condition prohibiting emissions exceeding any allowances that the 2 acid rain source lawfully holds under Title IV ofthe federal act or the regulations promulgated thereunder; no 3 pennit modification under this regulation shall be required for increases in emissions that are authorized by 4 allowances acquired pursuant to the acid rain program, provided that such increases do not require a pennit 5 modification under any other applicable requirement; no limit shall be placed on the number ofallowances held by 6 the acid rain source; the pennittee may not use allowances as a defense to noncompliance with any other applicable 7 requirement; any such allowance shall be accounted for according to the procedures established in regulations 8 promulgated under Title IV ofthe federal act. 9 (2) Permit duration. The department shall issue operating pennits for a fixed tenn not to exceed 10 five years. II (3) Monitoring. 12 (a) Each permit shall contain all emissions monitoring requirements, and analysis procedures or 13 test methods, required to assure and verify compliance with the tenns and conditions ofthe pennit and applicable 14 requirements, including any procedures aod methods promulgated by the administrator. 15 (b) Where the applicable requirement does not require periodic testing or instrumental or non16 instrumental monitoring (which may consist ofrecord keeping designed to serve as monitoring). the permit shall 17 require periodic monitoring sufficient to yield reliable data from the relevant time period that are representative of 18 the source's compliance with the permit, as reported pursuant to Paragraph (5), ofSubsection C of20.11.42.12 19 NMAC. Such monitoring requirements shall assure use oftenns, test methods, units, averaging periods, and other 20 statistical conventions consistent with the applicable requirement. 21 (c) The permit shall also contain specific requirements concerning the use, maintenance, and, 22 when appropriate, installation ofmonitoring equipment or methods. 23 (4) Record keepIng. 24 (a) The pennit shall require record keeping sufficient to assure and verify compliance with the 25 tenos and conditions ofthe permit, including: 26 (i) the date, place as defmed in the permit, and time ofsampling or measurements; 27 (ii) the date(s) analyses were perfonned; 28 (iii) the company or entity that perfonned the analyses; 29 (iv) the analytical techniques or methods used; 30 (v) the results ofsuch analyses; and 31 (vi) the operating conditions existing at the time ofsampling or measurement. 32 (b) Records ofall monitoring data and support infonnation shall be retained for a period ofat 33 least five years from the date ofthe monitoring sample, measurement, report, or application. Supporting 34 infonnation includes all calibration and maintenance records and all original strip-chart recordings for continuous 35 monitoring instrumentation, and copies ofall reports required by the pennit. 36 (5) Reporting. The pennit shall require reporting sufficient to assure and verify compliance with the 37 tenos and conditions ofthe permit and all applicable requirements, including: 38 (a) submittal ofreports ofany required monitoring at least every six months; the reports shall 39 

### be due to the department within 45 days ofthe end ofthe pennittee's reporting period; all instances ofdeviations 40 from pennit requirements, including emergencies, must be clearly identified in such reports; all required reports 41 must 

### be certified by a responsible official consistent with Paragraph (5), ofSubsection A of20.11.42.12 NMAC; 42 (b) prompt reporting ofall deviations (including emergencies) from permit requirements, 43 including the date, time, duration and probable cause ofsuch deviations, the quantity and pollutant type ofexcess 

### 44 emissions resulting from the deviation, and any corrective actions orpreventive measures taken; such reports shall 45 include telephone, verbal or facsimile communication within 24 hours ofthe start ofthe next business day and 46 written notification within 10 days; 47 (c) submittal ofcompliance certification reports at least every 12 months (or more frequently if 48 so specified by an applicable requirement) certifying the source's compliance status with all pennit tenns and 49 conditions and all applicable requirements relevant to the source, including those related to emission limitations or 50 work practices; the reports shall be due to the department within 30 days ofthe end ofthe permittee's reporting 51 period; such compliance certifications shall 

### be submitted to the administrator as well as to the department and shall 52 include: 53 (i) the identification ofeach tenn or condition ofthe permit that is the basis ofthe 54 certification; 55 (ii) the compliance status ofthe source; 56 (iii) whether compliance was continuous or intennittent;

20.11.42 NMAC Public Review Draft 9/28/10 11

### I (iv) the method(s) used for determining the compliance stalUS ofthe source, currently 2 and during the reporting period identified in the permit; and 3 (v) such other fucts as the deparbnent may require to determine the compliance status of 4 

### the source; 5 (d) such additionalprovisions as may be specified by the administrator to determine the 6 compliance stalUS ofthe source. 7 (6) Compliance, To assure and verify compliance with the terms and conditions ofthe permit and 8 with 20.11.42 NMAC, 

### permits shall also: 9 (a) require that, upon presentation ofcredentials and other documents as may be 

### required by 10 law, the permittee shall allow authorized representatives ofthe deparbnentto perform the following: II (i) 

### enter upon the permittee's premises where a source is located or emission related 12 activity is conducted, or where records must be kept under the conditions ofthe permit; 13 (ii) have access to and copy any records that must be kept under the conditions ofthe 14 permit; 15 (iii) inspect any facilities, equipment(including monitoring and air pollution control 16 equipment), practices, or operations regulated or required under the**permi~** 

### and 17 (iv) sample or monitor any substances orparameters for the purpose ofassuring 18 compliance with the permit or applicable requirements or as otherwise authorized by the federal act; 19 (b) 

### require that sources required under Subparagraph (k), ofParagraph (4), ofSubsection A 

### of 20 20.11.42.12 NMAC 

### to have a schedule ofcompliance submit progress reports to the deparbnent at least 21 semiannually, or more frequently ifspecified in the applicable requirement or by the deparbnent; such progress 22 reports shall be 

### consistent with the schedule ofcompliance and requirements ofSubparagraph (k), ofParagraph (4), 23 ofSubsection A 

### of20.11.42.12 NMAC, 

### and shall contain: 24 (i) dates for achieving the activities, milestones, or compliance required in the schedule 

### 25 ofcompliance, and dates when such activities, milestones or compliance were achieved; and 26 (ii) an explanation ofwhy any dates in the schedule ofcompliance were not or will not 27 be mel, and any preventive or corrective measures adopted; 28 (c) include such otherprovisions as the deparbnent may require. 29 (7) Operational flexibility. 30 (a) Section S02(b)(l0) changes, 31 (i) The permittee may make Section 502(b)(10) changes, as defined in Section 32 20.11.42.7 NMAC, 

### without applying for apermit modification, ifthose changes 

### are notTitle I modifications and the 33 changes do not cause the facility to exceed the emissions allowable under the permit (whether expressed as a rate of 34 emissions or in terms oftotal emissions). 35 (ii) 

### For each such change, the permittee shall provide written notification to the 36 deparbnent and the administrator at least seven days in advance ofthe proposed changes. Such notification shall 37 include a briefdescription ofthe change within the permitted facility, the date on which the change will occur, any 38 change in emissions, and any permit term or condition that is no longer applicable as a result ofthe change. 39 (iii) The permittee and department shall attach each such notice to their copy ofthe 40 relevant permit. 41 (iv) Ifthe written notification and the change qualify under this provision, the permittee 42 is not required to complY with the permit terms and conditions it has identified that restrict the change. Ifthe change 43 does not qualify under this provision, the original terms ofthe permitremain fully enforceable. 44 (b) EmIssionstracllng within a facility. 45 (i) The deparbnent shall, ifan applicant requests it, issue permits that contain terms and 46 conditions allowing for the trading ofemissions increases and decreases in the permitted facility solely for the 47 purpose ofcomplying with a federally-enforceable emissions cap that is established in the permit in addition to any 48 applicable requirements. Such terms and conditions shall include all terms 

### and conditions required under 49 Subsection C 

### of20.11.42.12 NMAC 

### to determine compliance. Ifapplicable requirements apply to the requested 50 emissions trading, permit conditions shall be issued only to the extent that the applicable requirements provide for 5 I 

### trading such increases and decreases without a case-by-case approval. 52 (ii) The applicant shall include in the applicationproposed replicable procedures and 53 permit terms that ensure the emissions trades are quantifiable and enforceable. The deparbnent shall not include in 54 the emissions trading provisions any emissions units for which emissions 

### are not quantifiable or for which there are 55 no replicable procedures to enforce the emissions trades. The permit shall require compliance with all applicable 56 requirements.

20.11.42 NMAC 

### Public Review Draft 

### 9/28/10 12I (iii) For each such change, the permittee shall provide written notification to the 2 department and the administrator at least seven days in advance ofthe proposed changes. Such notification shall 3 state when the change will occur and shall describe the changes in emissions that will result and how these increases 4 and decreases in emissions will comply with the terms and conditions ofthe permit. 5 (iv) The permittee and department shall attach each such notice to their copy ofthe 6 relevant permit. 

### 7 (8) Off-permit changes. 8 (a) Pennittees are allowed to make, without a permit modification, changes that are not 9 addressed or prohibited by the operating permit. if: 10 (i) each sucb change meets all applicable requirements and shall not violate any existing II permit term or condition; 12 (ii) such changes 

### are not subject to any requirements underTitle IV ofthe federal act and 13 

### are not Title I modifications; 14 (iii) such changes 

### are not subject to permit modification procedures under Subsection E 15 of20.11.42.13 NMAC; and 16 (iv) the permittee provides contemporaneous written notice to the department and EPA 17 ofeach such change. except for changes that qualify as insignificant activities; such written notice shall describe 18 each such change. including the date, any change in emissions. pollutants emilled and any applicable requirement 19 that would apply as a result ofthe change. 20 (b) The permittee shall keep a record describing changes made at the source that result in 21 emissions ofa regulated air pollutant subject to an applicable requirement, but not otherwise regulated under the 22 permit, and the emissions resulting from those changes. 23 (9) 

### Permit shield. 24 (a) Except as provided in 20.11.42 NMAC, the department shall expressly include in a 25 20.11.42 NMAC permit a provision stating that compliance with the conditions ofthe permit shall be deemed 26 compliance with any applicable requirements as ofthe date ofpermit issuance, provided thal: 27 (i) such applicable requirements 

### are included and are specifically identified in the permit; 28 or 29 (ii) the department, in acting on the permit application or significant permit modification, 30 determines in writing that other requirements specifically identified 

### are not applicable to the source, and the permit 31 includes the determination or a concise sununary thereof. 32 (b) A 20.11.42 NMAC permit that does not expressly state that a permit shield exists for a 33 specific provision shall be presumed not to provide a shield for that provision. 34 (c) Nothing in 20.11.42.12 NMAC or in any 20.11.42 NMAC permit shall alter or afTect the 35 following: 36 (i) the provisions ofSection 303 ofthe federal act- Emergency Powers, including the 37 authority ofthe administrator under Section 303, or the provisions ofthejoint airquality control board ordinances 38 pursuant to the New Mexico Air Quality Control Act, 74-2-10 NMSA 1978; 39 (ii) the liability ofan owner or operator ofa source for any violation ofapplicable 

### 40 requirements prior to or at the time ofpennit 

### issuance; 41 (iii) the applicable requirements ofthe acid rain program, consistent with Section 408(a) 42 ofthe federal act; 43 (iv) the ability ofEPA to obtain information from a source pursuant to Section 114 ofthe 44 federal act, or the department to obtain information in accordance with thejoint air quality control board ordinances 45 pursuant to the New Mexico Air Quality Control Act 74-2-13 NMSA 1978. 46 (d) The permit shield shall remain in efTect ifthe permitterrns and conditions are extended past 47 the expiration date ofthe permit pursuant to Paragraph (4), ofSubsection A of20.11.42.13 NMAC. 48 (e) The permit shield may extend to terms and conditions that allow emission increases and 49 decreases as part ofemissions trading within a facility pursuant to Subparagraph (b), ofParagraph (7), ofSubsection 50 C of20.11.42.12 NMAC, and to allterrns and conditions under each operating scenario included pursuant to 51 Subparagraph (e), ofParagraph (I), ofSubsection C of20.11.42.12 NMAC. 52 (I) The permit shield shall not extend to administrativepermit amendments under Paragraph 53 (1), ofSubsection E of20.11.42.13 NMAC, to minorpermit modifications underParagraph (2), ofSubsection E of 54 20.11.42.12 NMAC, to section 502(b)(lO) changes under Subparagraph (a), ofParagraph (7) ofSubsection C of 55 20.11.42.12 NMAC, or to permit terms or conditions for which notice 

### has been given to reopen or revoke all or part 56 under Subsection 

### F of20.11.42.13 NMAC.

20.11.42 NMAC 

### Public Review Draft 9/28/10 13

### must:

PERMIT PROCESSING: Acdon on permit appUcadons: 

## D. (I)

20.11.42.13 A. (i) apply to the department for coverage under the terms ofthe general permit; (ii) apply for an operating permit consistent with Subsection A of20.11.42.12 NMAC. (b) The department may. in the general permit, provide fur applications which deviate from the requirements ofParagraph (4), ofSubsection A of20.11.42.12 NMAC, provided that such applications meet the requirements ofthe federal act and include all information necessary to determine qualification for, and to assure compliance with, the general permit. The department shall review the application for authorization to operate under
a general permit for completeness within 30 days after its receipt ofthe application. (c) The department shall authorize qualifying sources which apply for coverage under the general permit to operate under the terms and conditions ofthe general permit. The department shall take final action on a general permit authorization request within 90 days ofdeeming the application complete. (d) 

### The department may grant a request for authorization to operate under a general permit without repeating the public participation procedures required under Subsection B of20.11.42.13 NMAC. Such an authorization shall not be a permitting action for purposes ofadministrative review under the joint air quality control board ordinances pursuant to the New Mexico Air Quality Control Act Section 74-2-7.H NMSA 1978. (e) Authorization to operate under a general permit shall not be granted for acid rain sources unless provided for in regulations promulgated under Title 

### IV ofthe federal act. (f) The permittee shall be subject to enforcement action for operation without an operating permit ifthe source is later determined not to qualify for the conditions and terma ofthe general permit. E. Emergency provision: (I) An "emergency" means any situation arising from sudden and reasonably unforeseeable events beyond the control ofthe permittee. including acts ofGod. which situation requires immediate corrective action to restore normal operation, and that causes the source to exceed a technology-based emission limitation under the permit due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include noncompliance to the extent caused by improperly designed equipment, lack ofpreventive maintenance. or careless or improper operation. (2) An emergency constitutes an affirmative defense to an action brought for noncompliance with such technology-based emission limitations ifthe permittee has demonstrated through properly signed, contemporaneous operating logs. or other relevant evidence that: (a) an emergency occurred and that the permittee can identify the cause(s) ofthe emergency; (b) the permitted facility was at the time being properly operated; (c) during the period ofthe emergency the permittee took all reasonable steps to minimize levels ofemissions that exceeded the emission standards or other requirements in the permit; and (d) the permittee fulfilled notification requirements under Subparagraph (b), ofParagraph (5), ofSubsection C of20.11.42.12 NMAC; this notice must contain a description ofthe emergency, any steps taken to 

### mitigate emissions, and corrective actions taken. (3) In any enforcement proceeding, the permittee seeking to establish the occurrence ofan emergency has the burden ofproof. (4) This provision is in addition to any emergency or upset provision contained in any applicable requirement, except that 20.11.42 NMAC sources shall not be subject to 

### the provisions of20.11.90.12 NMAC for permit terma and conditions issued under 20.11.42 NMAC. [3/1/94

. . . 1211/95; 20.11.42.12 NMAC

- Rn, 20 NMAC 11.42.1.12 & Repealed. 10/1/02; Rn, 20 NMAC 11.42.11.1, 10/1/02; A, 8110/09] General permits: Issuance ofgeneral permits. (a) The department may, after notice and opportunity for public participation and EPA and affected program review, issue a general permit covering numerous similar sources. Such sources shall be generally 

### homogenous in terms ofoperations, processes and emissions, subject to the same or substantially similar requirements, and not subject to case-by-case standards or requirements. (b) Any general permit shall comply with all requirements applicable to other operating permits and shall identify criteria by which sources may qualify for the general permit. (2) Authorlzadon to operate under a general permit. (a) The owner oroperator ofa 20.11.42 NMAC source which qualifies for a general permit I 

### 2 3 

### 4 

### 5 6 7 8 

### 9 10 II 12 13 14 15 

### 16 17 18 19 20 21 

### 22 23 24 

### 25 26 27 28 29 30 31 32 

### 33 34 35 

### 36 37 38 39 40 41 42 43 

### 44 

### 45 46 47 48 49 50 51 

### 52 53 

### 54 55 56

20.11.42 NMAC PubUc Review Draft 9/28/10 14

### I (I) A pennit (including pennit renewal) or pennit modification shall only be issued ifall ofthe 2 following conditions have been met: 3 (a) the department has 

### received a complete application for a pennit, pennit modification, or 4 pennit renewal, except that acomplete application need not be received before issuance ofa general pennit under 5 Subsection D of20.11.42.12 NMAC; 6 (b) except for administrative and minor pennit modifications, the department has 

### complied 7 with the requirements for public participation procedures under Subsection 

### B of20.11.42.13 NMAC; 8 (c) except for administrative amendments, the department has complied with the requirements 

### 9 for notifying and responding to affected programs under Subsection C of20.11.42.13 NMAC; 10 (d) the conditions ofthe pennit provide for compliance with all applicable requirements; and II (e) the administrator has received a copy ofthe proposed pennit and any notices required under 12 Subsection C of20.11.42.13 NMAC, and has not objected to issuance ofthe pennit within the time period specified 13 

### within that subsection. 14 (2) The department shall, within 60 days after its receipt ofan application for a pennit or significant 15 pennit modification, review such application for completeness. Unless the department detennines that an 16 application is not complete, requests additional infonnation or otherwise notifies the applicant ofincompleteness 17 within 60 days ofreceipt ofan application, the application shall be deemed complete. When additional infonnalion 18 is requested by the department prior to ruling an application complete, receipt ofsuch infonnation shall be processed 19 as a new application for purposes of20.11.42.13 NMAC. Ifthe application isjudged complete, a certified letter to 20 that effect shall be sent to the applicant. Ifthe application isjudged incomplete a certified letter shall be sent to the 21 applicant stating what additional infonnation or points ofclarification are 

### necessary to

### judge the application 22 complete. 23 (3) The department shall take final action on each pennit application (including a request for permit 24 renewal) within 12 months after an application is ruled complete by the department, except that 25 (a) for sowees in operation on or before the effective date of20.11.42 NMAC and which 26 submit to the department timely and complete applications in accordance with Subsection A of20.11.42.12 NMAC, 27 the department shall take final action on one-third ofsuch applications annually over a period not to exceed three 28 years after such effective date; 29 (b) any complete pennit application containing an early reduction demonstration under Section 30 112(i)(5) ofthe federal act shall be acted on within nine months ofdeerning the application complete; and 31 (c) the acid rain portion ofpennits for acid rain sowees shall be acted upon in accordance with 32 the deadlines in Title IV ofthe federal act and the regulations promulgated thereunder. 33 (4) Ifa timely and complete application for apennit renewal is submitted, consistent with Subsection 34 A of20.11.42.12 NMAC, but the department has failed to 

### issue or disapprove the renewal pennit before the end of 35 the tenn ofthe previous permit, then the pennit shall not expire and all the tenns and conditions ofthe pennit shall 36 remain in effect until the renewal pennit has been issued or disapproved. 37 (5) Pennits being renewed are 

### subject to the same procedural requirements, including those for public 38 participation, affected program, and EPA review that apply to initial pennit issuance. 39 (6) The department shall state within the draft permit the legal and factual basis for the draft pennit 40 conditions (including references to the applicable statutory or regulatory provisions with dates oflatest 41 amendments). 42 (7) The department shall grant or disapprove the pennit based on infonnation contained in the 43 department's administrative record. The administrative record shall consistofthe application, any additional 44 infonnation submitted by the applicant, any evidence or written comments submitted by interested persons, any 45 other evidence considered by the department, and, ifa public hearing is held, the evidence submitted at the hearing. 46 (8) Ifthe department grants or disapproves a pennit orpennit modification, the department shall 47 notify the applicant by certified mail ofthe action taken and the reasons therefore. Ifthe department grants a pennit 48 or modification, the department shall mail the pennit or modification, including all tenns and conditions, to the 49 applicant by certified mail. 50 (9) Voluntary di""ootiouation. Upon request by the permittee, the department shall pennanently 51 discontinue a 20.11.42 NMAC pennit. Permit discontinuance lenninates the pennittee's right to operate the sowee 52 under the pennit. The department shall confmn the pennit discontinuance by certified letter to the pennittee. 53 (10) No pennit shall be issued by failure ofthe department to act on an application or renewal. 54 B. 

### Public participation: 55 (I) Proceedings for all pennit issuances (including renewals), significant pennit modifications, 56 reopenings, revocations and tenninations, and all modifications to the department's list ofinsignificant activities,

20.11.42 NMAC Public Review Draft 9/28/10 

### 15I shall include public notice and provide an opportwlity for public comment The department shall provide 30 days 2 for public and affected program comment. The department may hold a public hearing on the draft permit for any 3 reason it deems appropriate, and shall hold such a hearing in the event ofsignificant public interest. The department 4 shall give notice ofany public hearing at least 30 days in advance of

### the hearing. 5 (2) Public notice and notice ofpublic hearing shall he given by publication in a newspaper ofgeneral 6 circulation, to persons on a mailing list developed by the department (including those who request in writing to be 7 on the list), and by other means ifnecessary to assure adequate notice to the affected public. 8 (3) The public notice shaH identify: 9 (a) the alfected facility; 10 (b) the names and addresses ofthe applicant or permittee and its owners; II (c) the name and address ofthe department; 12 (d) the activity or activities involved in the pennit action; 13 (e) the emissions change(s) involved in any pennit modification; 14 (I) the name, address and telephone numher ofa person from whom interested persons may 15 obtain additional information, including copies ofthe permit draft, the application, and relevant supporting 16 materials; 17 (g) abriefdescription ofthe comment procedures required by the department; and 18 (h) as appropriate, a statement ofprocedures to request a hearing, or the time and place ofany 19 scheduled hearing. 20 (4) Notice ofpublic hearing shallidentify: 21 (a) the affected facility; 22 (b) the names and addresses ofthe applicant or permittee 

### and its owners; 23 (c) the name and address ofthe department; 24 (d) the activity or activities involved in the pennit action; 25 (e) the name, address and telephone number ofa person from whom interested persons may 26 obtain additional information; 27 (I) a briefdescription ofhearing procedures; and 28 (g) the time and place ofthe scheduled hearing. 29 (5) The time, date, and place of

### the hearing shall he determined by the department. The department 30 shall appoint a hearing officer. A transcript ofthe hearing shall he made at the request ofeither the department or 3 I the applicant and at the expense ofthe person requesting the transcript. At the hearing, all interested persons shall 32 be given a reasonable chance to submit data, views or arguments omlly or in writing and to examine witnesses 33 testifying at the hearing. 34 (6) The department shall keep a record ofthe commenters and also ofthe issues mised during the 35 public participation process so that the administrator may fulfill his or her obligation under Section 505(b)(2) ofthe 36 fedeml act to detennine whether a citizen petition may be granted. Such records shall be available to the public 37 upon request. 38 (7) The department shall provide such notice and opportunity for participation by affected programs 39 as is provided for by Subsection C of20.11.42.13 NMAC. 40 

### C. Review by the administrator and affected program.: 41 (I) Notification. The department shall not issue an operating pennit (including pennit renewal or 42 reissnance), minor pennit modification, or significant permit modification untilalfected programs and the 43 administratorhave had an opportunity to review the proposed permit as required under 20.11.42.13 NMAC. Permits 

### 44 for source categories waived by the administrator from this requirement and any pennit terms orconditions, which 45 are not required under 

### the federal act or under any ofits requirements, are not subject to administrator review or 46 approval. 47 (a) Within five days ofnotification by the department that the application has been determined 48 complete, the applicant shall provide a copy ofthe complete permit application (including the compliance plan and 49 all additional materials submilted to the department) directly to the administrator. The permit or permit modification 50 shall not he issued without certification to the department ofsuch notification. The department shall provide to the 51 administrator a copy ofeach draft permit, each proposed permit, each final opemting permit, and any other relevant 52 information requested by the administrator. 53 (b) The department shall provide notice ofeach draft permit to any alfected program on or 54 hefore the time that the department provides this notice to the public under Subsection B of20.11.42.13 NMAC, 55 except to the extent that minor pennit modification procedures require 

### the timing ofthe notice to he different.

20.11.42 NMAC Public Review Draft 9/28/10 16I (c) The deparbnent shall keep for five yean such records and submit to the administrator such 2 information as the administrator may reasonably require in order to ascertain whether the progmm complies with the 3 requirements ofthe federal act or related applicable requirements. 4 (2) Responses to objections. 5 (a) No permit for which an application must be transmitted to the administrator under 20.11.42 6 NMAC shall be issued by the deparbnent ifthe administrator. after determining that issuance ofthe proposed permit 7 would not be in compliance with applicable requirements. objects to such issuance in writing within 45 days of 8 receipt ofthe proposed permit and all necessary supporting information. 9 (b) Ifthe administratordoes not object in writing under Subpamgraph (a) above, any person 10 may, within 60 days after the expimtion ofthe administrator's 45-day review period, petition the administmtor to 11 make such objection. Any such petition shall be based only on objections to the permit that were mised with 12 reasonable specificity during the public comment period provided for in Subsection B of20.11.42.13 NMAC, unless 13 the petitioner demonstrates that it was impmcticable to mise such objections within such period. or unless the 14 grounds for such objection arose after such period. Ifthe administrator objects to the permit as a result ofa petition 15 filed under this subparagraph, the department shall not issue the permit until the administrator's objection has been 16 resolved, except that a petition for review does not stay the effectiveness ofa permit or its requirements ifthe permit 17 was issued after the end ofthe 45-day review period and prior to the administrator's objection. 18 (c) The deparbnent, as part ofthe submittal ofthe proposed permit to the administrator (or as 19 soon as possible after the submittal for minorpermit modification procedures allowed under Pamgmph (2), of 20 Subsection 

### E of20.11.42.13 NMAC), shall notify the administrator and any affected progmm in writing ofany 21 refusal by the deparbnentto accept all recommendations for the proposed permit that the affected program 22 submitted during the public or affected program review period. The notice shall include the deparbnent's reasons for 23 not accepting any such recommendation. The department is not required to accept recommendations that are not 24 based on fedemlly enforceable applicable requirements. 25

. D. Petitions for review offinal action: 26 (I) Hearing before the board. 27 (a) Any person who participated in a permitting action before the deparbnent and who is 28 adversely affected by such permitting action may file a petition for hearing before the board. For the purposes of 29 20.11.42.13 NMAC, permitting action shall include 

### the failure of

### the deparbnentto take final action on an 30 application for a permit (including renewal) orpermit modification within the time specified in 20.11.42 NMAC. 31 (b) The petition shall be made in writing to the board within 30 days from the date notice is 32 given ofthe department's action and shall specify the portions ofthe permitting action to which the petitioner 33 objects, certify that a copy ofthe petition has been mailed or hand-delivered 

### as required by this subpamgraph. and 34 attach a copy ofthe permitting action for which review is sought. Unless a timely request for hearing is made, the 35 decision ofthe department shall be fmal. The petition shall be copied simultaneously to the deparbnent upon receipt 36 ofthe appeal notice. Ifthe petitioner is not the applicant orpermittee, the petitioner shall mail or hand-deliver a 37 copy ofthe petition to the applicant or permittee. The deparbnent shall certify the administrative record to the 38 board. 39 (c) lfa timely request for hearing is made, the board shall hold a hearing within 90 days of 40 receipt ofthe petition in accordance with thejoint air quality control board ordinances pursuant to the New Mexico 41 Air Quality Control Act Section 74-2-7 NMSA 1978. 42 (2) Judicial review. 43 (a) Any person who is adversely affected by an administrative action taken by the board 44 pursuant to Pamgraph (I). ofSubsection 0 of20.11.42.13 NMAC may appeal to the court ofappeals in accordance 45 with thejoint air quality control board ordinances pursuant to the New Mexico 

### Air Quality Control Act Section 74- 46 2-9 NMSA 1978. Petitions forjudicial review must be filed no later 

### than 30 days after the administmtive action. 47 (b) Thejudicial review provided for by Subsection 0 of20.11.42.13 NMAC shall be the 48 exclusive means for obtainingjudicial review ofthe terms and conditions ofthe permit. 49 E. Permit modifications: 50 (I) Administrative permit amendments. 51 (a) An administrative permit amendment is one that: 52 (i) corrects typographical errors; 53 (ii) provides for a minor administrative change at the source, such as a change in the 54 address or phone number ofany person identified in the permit; 55 (iii) incorporates a change in the permit solely involving the retiring ofan emissions unit; 56 (iv) requires more frequent monitoring or reporting by the permittee; or

20.11.42 NMAC Public Review Draft 

### 9128/10 17I (v) any other type ofchange which has been determined by the department and the 2 administrator to be similar to those in this paragraph. 3 (b) Changes in ownership oropemtional control ofa source may be made as administrative 4 amendments provided that: 5 (i) a written agreement, containing a specific date for transfer ofpermit responsibility, 6 coverage, and liability between the current and new permittee, 

### has been submitted to the department, and either the 7 department 

### has determined that no other change in the permit is necessary, or changes deemed necessary by the 8 department bave been made; 9 (ii) the new owners bave submitted the application information required in Subparagraph 10 (b), ofParagraph (4), Subsection A of20.11.42.12 NMAC; II (iii) no grounds

..ist for permit termination, as set out in Items (ii) and (iii), of 12 Subparagraph (c), ofParagraph (I), ofSubsection F of20.11.42.13 NMAC; and 13 (iv) the permittee 

### has published a public notice ofthe change in ownership ofthe source 14 in a newspaper ofgeneral circulation in the area where the source is located. 15 (c) The department may incorpomte administrative permit amendments without providing 16 notice to the public or affected programs, provided that it designates any such permit modifications as administrative 17 permit amendments and submits a copy ofthe revised permit to the administrator. 18 (d) The department sballtake no more than 60 days from receipt ofa request for an 19 administrative permit amendment to take final action on such request. The permittee may implement the changes 20 outlined in Items (i) through (iv), ofSubparagraph (a), ofParagmph (I), ofSubsection E of20.11.42.13 NMAC 21 immediately upon submittal ofthe request for the administrative amendment. The permittee may implement the 22 changes outlined in Item (v), ofSubparagraph (a), ofParagraph (I), ofSubsection E of20.11.42.13 NMAC or 23 Subparagraph (b), ofParagraph (I), Subsection E of20.11.42.13 NMAC above upon approval ofthe administmtive 24 amendment by the department. 25 (2) Minor permit modifications, 26 (a) Minor permit modification procedures may be used only for those permit modifications 27 that: 28 (i) do not violate any applicable requirement; 29 (ii) do not involve relaxation ofexisting monitoring, reporting, or record keeping 30 requirements in the permit; 31 (iii) do not require or change a case-by-case determination ofan emission limitation or 32 other standard, or a source-specific determination for temporary sources ofambient impacts, or a visibility or 33 increment analysis; 34 (iv) do not seek to establish orchange a permit term or condition fur which there is no 35 corresponding underlying applicable requirement and that the permittee has assumed to avoid an applicable 36 requirement to which the source would otherwise be subject; such terms and conditions include any fedemlly 37 enforceable emissions cap assumed to avoid classification as a Title I modification and any alternative emissions 38 limit approved pursuant to regulations promulgated under Section I 12(i)(5) ofthe federal act; 39 (v) are not Title 

### I modifications; and 40 (vi) are not required by the department 10 be processed as a significant modification 4\ pursuant to Paragraph (3), Subsection 

### Eof20.11.42.13 NMAC. 42 (b) A permittee shall not submit multiple minor permit modification applications that may 43 conceal a larger modification that would not be eligible for minor permit modification procedures. The department 44 may, at its discretion, require that multiple related minor permit modification applications be submitted as a 45 significant permit modification. 46 (c) An application requesting the use ofminor permit modification procedures shall meet the 47 requirements ofParagraphs (3) and (4), ofSubsection A of20.11.42.12 NMAC and shall include: 48 (i) a description ofthe change, the emissions resulting from the change, and any new 49 applicable requirements tbat will apply ifthe change occurs; 50 (ii) the applicant's suggested draft permit; 51 (iii) certification by a responsible official, consistent with Paragraph (5), ofSubsection A 52 of20.11.42.12 NMAC, that the proposed modification meets the criteria for use ofminor permit modification 53 procedures and a request that suchprocedures be used; and 54 (iv) ifthe requested permit modification would alfect existing compliance plans or 55 schedules, related progress reports, or certification ofcompliance requirements, 

### an outline ofsuch elfects.

20.11.42 NMAC Public 

### Review Drafl9/28/10 18I (d) The department shall, within 30 days after its receipt ofan application for a minor permit 2 modification, review such application for completeness. Unless the department determines that an application is not 3 complete, requests additional information orotherwise notifies the applicant ofincompleteness within 30 days of 4 receipt ofan application, the application shall be deemed complete. Ifthe application isjudged complete, a certified 5 letter to that effect shall be sent to the applicant. Ifthe application isjudged incomplete a certified letter shall be 6 sent to the applicant stating what additional information or points ofclarification are necessary tojudge the 7 application complete. 8 (e) Within five working days ofnotification by the department that the minor permit 9 modification application has been ruled complete, the applicant shall meet its obligation under Paragraph (I), of 10 Subsection C of20.11.42.13 NMAC to notify the administrator and affected programs ofthe requested permit II modification. The department promptly shall send any notice required under Subparagraph (b), ofParagraph (I), of 12 Subsection C of20.11.42.13 NMAC and Paragraph (2), ofSubsection C of20.11.42.13 NMAC to the administrator 13 and affected programs. 14 (I) The permittee may make the change proposed in its minor permit modification application 15 immediately after such application is deemed complete. After the permittee makes the change allowed by the 16 preceding sentence, and until the department takes any ofthe actions specified in Subparagraph (g), ofParagraph 17 (2), ofSubsection E of20.11.42.13 NMAC below, the permittee must comply with both the applicable requirements 18 governing the change and the proposed permit terms and conditions. During this time period, the permittee need not 19 comply with the existing permit terms and conditions it seeks to modify. Ifthe permittee fails to comply with its 20 proposed permit terms and conditions during this time period, the existing permit terms and conditions it seeks to 21 modify may be enforced against it. 22 (g) The department may not issue a final minor permit modification until after the 23 administrator's 45-day review period ofthe proposed permit modification oruntil EPA has notified the department 24 that the administrator will not object to issuance ofthe permit modification, although the department may approve 25 the permit modification prior to that time. Within 90 days ofruling the application complete under minor permit 26 modification procedures or within 15 days after the end ofthe administrator's 45-day review period under, 27 whichever is later, the department shall: 28 (i) issue the permit modification as it was proposed; 29 (ii) disapprove the permit modification application; 30 (iii) determine that the requested modification does not meet the minor permit 31 modification criteria and should be reviewed under the significant modification procedures; or 32 (iv) revise the draft permit modification and lransmitto the administrator the new 33 proposed permit modification as required by Paragraph (I), ofSubsection C of20.11.42.13 NMAC. 34 (3) Significant permit modifications, 35 (a) A significant permit modification is: 36 (i) any revision to an operating permit that does not meet the criteria under the provisions 37 for administrative permit amendments underParagraph (I), ofSubsection E of20.11.42.13 NMAC or for minor 38 permit modifications under Paragraph (2), ofSubsection E of20.11.42.13 NMAC above; 39 (ii) any modification that would result in any relaxation in existing monitoring, reporting 40 or record keeping permit terms orconditions; 41 (iii) any modification for which action on the application would, in thejudgment ofthe 42 department, require decisions to be made on significant or complex issues; and 43 (iv) changes in ownership which do not meet the criteria of Subparagraph (b), of 44 Paragraph (I), ofSubsection E of20.11.42.13 NMAC. 45 (b) For significant modifications which are not required to undergo pre-construction permit 46 review and approval, changes to the source which qualify as significant permit modifications shall not be made until 47 the department has issued the operating permit modification. 48 (c) For significant modifications which have undergone pre-construction permit review and 49 approval, the permittee shall: 50 (i) before commencing operation, notify the department in writing ofany applicable 51 requirements and operating permit terms and conditions contravened by the modification, emissions units affected 52 by the change, and allowable emissions increases resulting from the modification; and 53 (ii) within 12 months after commencing operation, file a complete operating permit 54 modification application. 55 (d) Where an existing operating permit would specifically prohibit such change, the permittee 56 must obtain an operating permit modification before commencing operation or implementing the change.

20.11.42 NMAC Public Review Draft 9/28/10 19

### I (e) Significant permit modifications shall meet all requirements of20.11.42 NMAC for permit 2 issuance, including those for applications, public participation, review by affectedprograms 

### and review by the 3 administrator. 4 (f) 

### The department shall complete review on the majority ofsignificant permit modification 5 applications within nine months after 

### the department rules the applications complete. 6 (4) Modificadons to acid rain sources. Administrative permit amendments andpermit 7 modifications for purposes ofthe acid rain portion ofthe permit shall be governed 

### by regulations promulgated by 8 the administrator under Title IV 

### ofthe federal act. 9 F. 

### Permit reopening, revocadon or terminadon: 10 (I) 

### Action by tbe department. 11 (a) Each permit shall include provisions specifying the conditions under which the permit will 12 be reopened prior to the expiration ofthe permit. Apermit shall be reopened 

### and revised for any ofthe following, 13 and maybe revoked and reissued for (iii) or (iv) ofthe following: 14 (i) additional applicable requirements under the federal actbecome applicable to a major 15 source with a remaining permit term ofthree or more years; such a reopening shallbe completednot later 

### than 18 16 months after promulgation ofthe applicable requirement; no such reopening is required ifthe effective date ofthe 17 requirement is later than the date on which the permit is due to expire, unless 

### the original permit or any ofits terms 18 or conditions have been extended past the expiration date ofthe permit pursuant to Paragraph (4), Subsection A of 19 20.11.42.13NMAC; 20 (ii) additional requirements (including excess emissions requirements) become 21 applicable to a source under the acid rain programpromulgatedunder Title IV 

### ofthe federal act; upon approval by 22 

### the administrator, excess emissions offset plans shall be deemed to be incorpomted into the permit; 23 (iii) the department or the administrator detennines that the permit contains a material 24 mistake or that inaccumte statements were made in establishing the terms or conditions ofthe permit; or 25 (iv) the department or the administrator determines that the permit must be revised or 26 revoked and reissued to assure compliance with the applicable requirements. 27 (b) Proceedings to reopen and revise, orrevoke andreissue, apermit shall affect only those 28 parts ofthe permit for which cause to reopen orrevoke exists. Units for whichpermit conditions have been revoked 29 shall not be operated until permit reissuance. Reopenings shall be made as expeditiously as practicable. 30 (c) Apermit, or an authorization to operate under a generalpermit, may be terminated when: 31 (i) the permittee fails to meet the requirements ofan approved compliance plan; 32 

### (ii) the permittee has been in significant orrepetitious non-compliance with the operating 

### 33 pennit tenns or conditions; 34 (iii) the applicant orpermittee has exhibited a history ofwillful disregard for 35 environmental laws ofany state or tribal authority, or ofthe United States; 36 (iv) the applicant or permittee has knowingly misrepresented a material fact in any 37 application, record, report, plan, or other document filed orrequired to be maintained under the permit; 38 (v) the permittee fails to pay fees required under the fee schedule in 20.11.2 NMAC; 39 (vi) the permittee falsifies, tampers with orrenders inaccumte any monitoring device or 40 method required to be maintaitted under the permit; 41 (vii) the administrator has found that cause exists to terminate the permit. 42 (d) The department shall, by certifiedmail, provide a notice ofintent to the permittee at least 43 30 days in advance ofthe date on which a permit is to be reopened orrevoked, or terminated, except that the 44 department may provide a shorter time period in the case ofan emergency. 45 (2) Action by tbe administrator. Within 90 days, or longer ifthe administratorextends this period, 46 after receipt ofwritten notification that the administrator has found that cause exists to terminate, modify or revoke 47 and reissue a permit the department shall forward to 

### the administrator a proposed determination oftermination, 48 modification, orrevocation and reissuance, as 

### appropriate. Within 90 days from receipt ofan administrator 49 objection to a proposed determination, the department shall address and act upon the administrator's objection. 50 (3) Compliance orders. Notwithstanding any action which may be taken by the department or the 51 administmtor under Paragraph (I) 

### and (2), ofSubsection F 

### of20. 11.42.13 NMAC, a compliance order issued in 52 accordance with thejoint airquality control board ordinances pursuant to the New Mexico Air Quality Control Act 53 Section 74-2-12 NMSA 1978 may include a suspension or revocation ofany permit orportion thereof. 54 

### G. Citizen suit: Pursuant to Section 304 ofthe federal act, 42 USC 7604, any person may commence 55 certain civil actions under the federal act.

20.11.42 NMAC Public Review Draft 9/28/10 

### 20

### I H. Enforcement: Notwithstanding any otherprovision in the New Mexico state implementation 2 plan approved by the administrator, any credible evidence may be 

### used for the purpose ofestablishing whether a 3 person has violated or is in 

### violation ofany such plan. 4 (I) Presumptively credible evidence. Information from the use ofthe following methods is 5 presumptively credible evidence ofwhether a violation 

### has occurred at the source: 6 (a) a monitoring method approved for the source pursuant to 20.11.42 NMAC and incorporated 7 into an operating permit; or 8 (b) compliance methods specified in the applicable plan. 9 (2) Presumptively credible testing, monitoring, or Informallon gathering methods. The 10 following testing, monitoring or information gathering methods are presumptively credible testing, monitoring or II information gathering methods: 12 (a) any federally enforceable monitoring or testing methods, including those in 40 CFR parts 13 

### 51,60,61 and 75; and 14 (b) 

### other testing, monitoring or information gathering methods that produce information 15 comparable to that produced by any method in 

### Paragraphs (I) or (2), ofSubsection H 

### of20.11.42.13 NMAC. 16 [3/1/94

... 12/1/95; 20.11.42.13 NMAC • Ro, 

### 20 NMAC 11.42.11.2, 10/1102; A, 8/10/09] 17 18 20.11.42.14 RADIONUCLIDES: [Reserved] 19 [12/1/95; 20.11.42.14NMAC-Rn, 20NMAC 11.42.11.3 &A,10/II02] 20 21 HISTORY OF 20.11.42 NMAC: 22 

### Pre-NMAC HIstory: The material in 

### this part was derived from that previously filed with the commission of 23 public records

- state records center and archives. 24 Regulation No. 41, Operating Permits, 3/1/94. 25 Regulation No. 41, Operating Permits, 12/16/94. 26 27 History ofRepealed Material: [Reserved] 28 29 Other HIstory: Regulation No. 41, Operating Permits, filed 12/16/94 was renumbered and reformalled into first 30 version ofthe New Mexico Administrative Code as 20 NMAC 11.42, Operating Permits, filed 10/27/95. 31 20 NMAC 11.42, Operating Permits, filed 10/27/95, was renumbered, reformalled, amended and replaced by 32 20.11.42 NMAC, Operating Permits, effective 10/1/02. 33

20.11.42 NMAC Public Review Drafl9128/10 21

### ...< ENVIRONMENTAL PROTECTION ALBUQUERQUE

- BERNALILLO COUNTY AIR QUALITY CONTROL BOARD GENERAL PROVISIONS ::> )I 

# " 20.11.1.1 ISSUING AGENCY: Albuquerque

- Bernalillo County Air Quality Control Board. P.O. BIlx 1293. Albuquerque. NM 87103. Telephone: (505) 768-2601. .J [6/14171.

.. 12/1/95; 20.11.1.1 NMAC

- Rn. 20 NMAC 11.01.1.1,10/1/02; 

### A, 9/14/09]
20.11.1.2 SCOPE: 

# c.. 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 locllted:: on Indian lands over which the Albuquerque

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

...8/1/96; 20.11.1.2 NMAC

- Rn. 20 NMAC 11.01.1.2, 10/1/02; A, 9/14/09] TITLE 20 CHAPTER II PART I

20.11.1.3 STATUTORY AUTHORITY: 20.11.1 NMAC is adopted pursuant to the authority provided in the New Mexico Air Quality Control Act, NMSA 1978 Sections 74-2-4, 74-2-5.C; the Joint 

### Air Quality Control Board Ordinance. Bernalillo County Ordinance 94-5 Sections 3 & 4; the Joint Air Quality Control Board Ordinance, Revised Ordinances ofAlbuquerque 1994 Sections 9-5-1-3 & 9-5-1-4. [6/14171

... 12/1/95; 20.11.1.3 NMAC

- Rn, 20 NMAC 11.01.1.3, 10/1/02; 

### A, 7/1/04; A, 9/14/09]
20.11.1.4 DURATION: Penoanent. [12/1/95; 20.11.1.4 NMAC

- 

### Rn, 20 NMAC 11.01.1.4, 10/1/02]
20.11.1.5 EFFECTIVE DATE: December I, 1995, unless a laterdate 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. [1211/95

...8/1/96; 20.11.1.5 NMAC

- Rn, 20 NMAC 11.01.1.5 & A, 10/1/02; A. 12/1/03; A, 7/1/04; A, 9/14/09]
20.11.1.6 OBJECTIVE: To provide definitions which are generally applicable to Albuquerque

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

- 

### Rn, 20 NMAC 11.01.1.6 & 

### A, 10/1/02; A. 7/1/04; A, 9/14/09]
20.11.1.7 DEFINITIONS: The definitions 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 defmitions include the measurements, abbreviations, and acronyms in Subsection GGGG. of20.ll.1.7 NMAC. A. "Abnormal operating condition." mearts the startup or shutdown ofair pollution control device(s) or process equipment. B. "Admlnl.trator" mearts the administrator ofthe United States environmental protection agency or his or her designee. C. "'Affected source" or "'(aeiUty" means any stationary source, or any other source ofair pollutants, that must comply with an applicable requirement. D. "Air agency", "department" or "EHD" means the 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 airquality planning agency for the Albuquerque

- Bernalillo county nonattainmentlmaintenance 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 malter which is emitted into or otherwise enters the ambient air. Such leno includes any precursors to the fonoation ofany air pollutant; to the extent the EPA has identified such precursor or precursors for the purpose for which the term "airpollutant" is used. This excludes water vapor, nitrogen (N,), [."""eR die"ide (Co.),] oxygen (0,), [melhane] and ethane. {NMED, Draft 20.2.70 NMAC} 

### F. "Air 

### pollution" means the emission, ex.cept 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

20.11.1 NMAC Public Review Draft 9/28/10

### 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 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-Be AQCB" means the Albuquelljue

- Bernalillo county air quality control board, which is empowered by federal act, the 

### Air Quality Control Act, and 

### ordinances, to prevent or abate airpollutionwithin the boundaries ofBernalillo county, except for Indian 

### lands over which the board lacksjurisdiction. I. "Allowable emissions" means: (I) Any department or federally enforceable pennittenn 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 pennitto be an applicable requirement (2) Any federally enforceable emissions cap that the penniltee has assumed to avoid an applicable requirement to which the source would otherwise be subject. 

### J. "Ambient" means that ponion 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): (l) 

### any standard orother 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 conditionofany pre-<:onstruction pennit issued pursuant to 

### regulations approved or promulgated through rulemaking under Title I, including parts Cor D. ofthe federal act; (3) any standard or other requirement: (a) under Section III or 112 ofthe federal act; (b) ofthe acid rain program under Title IV ofthe federal actor 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) ofthe federal act; (e) ofthe regulations promulgated to 

### protect stratospheric ozone underTitle VI ofthe federal act, unless the administrator has detennined that such requirements need not be contained in aTitle V pennit; (4) any requirements established pursuant to Section 504(b) or Section 114(a)(3) ofthe federal act; (5) any national or state ambient air quality standard; (6) any increment or visibility requirement under Pan 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 notreasonably preventable failure of 

### air pollution control equipment, or process equipment, which causes aprocess to not operate in anonnal 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 of28.01 glmole. N. "Cheralcal process" means any manufacturing processing operation in which one or more changes in chemical composition or chemical propenies are involved O. "Coal burning equipment" means any device used for the burning ofcoal for the primary purpose ofproducing heat or power by indirect heat transfer in which the products ofcombustion do 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 ofan affected facility.

20.11.1 NMAC Public Review Draft 9/28/10 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 ofa source to assure continuous reduction. V. "EPA" means the United States environmental protection agency or the EPA's duly authorized 

### representative. W. "Ex.cess emissions" means the emission ofan air contaminant, including afugitive emission, in excess ofthe quantity, rate, opacity or concentration specified by an airquality 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 etseq., as amended. Z. "Federal class' wilderness areas" means areas designated by the EPA as such. Federal class [ wilderness areas within 100 kilometers ofBernalillo county are Bandelier wilderness, Pecos wilderness, and San Pedro Parks wilderness. AA. "Fluid" means either ofthe two states ofmatler, 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 purauantto the act. CC. "Greenhouse gases" or "GHGs" means the air pollutant defined in § 86.1818-12(a) ofChapter' ufTitle 40 ofthe CFR, as the aggregate group ofsix greenhouse gases: Carbon dioxide. nitrous oxide. methane, hydrofluorocarbons. perlluorocarbons, and sulfur hexafluoride. 

## 1(;(;,) DO, "Grain" means that unit ofweight, which is equivalent to 0.0648 grams. 100.) 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 purauantto the act. 

## 1EE.1 FF. "Hydrocarbons" or "HC" means any chemical compound ofa class ofaliphatic, cyclic, or aromatic chemical compounds containing mostly hydrogen and carbon. Hydrocarbons are highly reactive in the presence ofnitrogen oxides and sunlight. All are precursors to more serious airpollutants such as ozone and nitrogen dioxide. 11'1'.1 GG, "Hydrogen sulfide" or "H,S" means the chemical compound containing two atoms of hydrogen and one ofsulfur with a molecular weight of34.07 g/mole. IGG.] HH. "'ncinerator" means any furnace used in the process ofburning solid waste for the purpose ofreducing the volume. by removing combustible matter. IHH.I II, "'nedible animal by-product processing" means operations primarily engaged in rendering, cooking, drying, dehydration, digesting, evaporating or concentrating ofanimal proteins and fats. 

## 1"'1 JJ. "Kraft 

### mill" means any pulping process, which uses an alkaline solution for a cooking liquor. [,J,J,] 

### KK. "Lead" or "Pb" means a heavy metal, with a molecular weight of207.19 g/mole that is hazardous to health ifbreathed or swallowed. IKK.) LL. "Malfunction" means any sudden and unavoidable failure ofair pollution control equipment or process equipment beyond the control ofthe owneror 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. Il,bl MM. "Modification" means any physical cbange in or change in the method ofoperation ofa source that results in an increase in the potential emission rate ofany regulated air contaminant emitted by the source or that results in the emission ofany regulated air contaminant not previously emitted, but does not include: (I) a cbange in ownership ofthe source; (2) routine maintenance, repair or replacement;

20.11.1 NMAC Public Review Draft 9/28/10 3(3) installation ofairpollution control equipment, and all related process equipment and materials necessary for its operation, undertaken for the purpose ofcomplying with regulations adopted by the environmental improvement board or the local board orpursuant to the federal act; or (4) unless previously limited by enforceablepermit conditions: (a) an increase in the production rate, ifsuch increase does not exceed the operating design capacity ofthe source; (b) an increase in the hours ofoperation; or (c) use ofan alternative fuel or raw material if, prior to January 6, 1975, the source was capable ofaccommodating such fuel or raw material, or ifuse ofan alternate fuel or raw material is caused by any natural gas curtailment or emergency allocation or any other lackofsupply ofnatural gas. [MM.\ NN. "New !IOurce" means any stationary source, the construction or modification ofwhich is commenced after the filing ofa regulation applicable to the stationary source. [l'lN.l 

### QQ. "Nitrogen dIoxide" or "NO," means a reddish brown, poisonous gas composed of molecules containing a single atom ofnitrogen and two ofoxygen with a molecular weight of46.0 glmole. [QQ.I "Nitrogen oxides or NOx" is a class ofchemicals containing varying quantities of nitrogen and oxygenthat 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" NO" N,o" and N,O" Nitrogen oxides are also referred to as oxides ofnitrogen. [UI 

### 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. [00.] 

## R& "Open burnIng" means the combustion ofany material without the following characteristics: (I) control ofcombustion 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, [KR.I SS. "Operator" means 

### the person(s) responsible for 

### the overall operation ofa source, [ss.[ IT. "Owner" means the person(s) who owns a source or part ofa source. [l=I'.] 

## !ll1.. "Ozone or 0," means a pungent, colorless gas composed ofmolecules containing three atoms ofoxygen with a molecular weight of48.0 glmole. 

### [00.1 VV, "Part" means the required NMAC designation for the normal division ofa chapter. A part consists ofa unified body ofrule material applying to a specific function or devoted to a specific subject matter. Structurally, a part is the equivalent ofa rule, 

### [¥¥'\ "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.\Xl6 "Particulate matter emissions" means all fmely divided solid or liquid material, other than uncombined water, emined to the ambient air as measured by the reference method in 40 CFR 60, Appendix A, Method 5, or an equivalent method approved by the EPA.**[~I** 

### 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. 

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

### [zz,\

## AM: "Permit" means any permit or group ofpermits, modifications, renewals or revisions authorizing the construction oroperation ofa stationary source pursuant to the federal act, the 

### Air Quality Control Act, or laws and regulations in effectpursuant to tbe 

### act [AAA.\

# mm. "Permittee" means the owner or operator identified in any permit application or permit. (BB&) "Penon" 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.**[~l** DDD. "Photochemical oxidants" means an airpollutant, which is formed by the action of sunlight on oxides ofnitrogen and hydrocarbons, (DDD.] "PM

.. ", "PM,.! "or "PM," means particulate maner with an aerodynamic diameter less than or equal to 10,2.5, or I micrometers, respectively. [U&[ FFF. "PM,.! emissIons" means fmely divided solid or liquid material with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers emined into the ambient air as measured by the reference method in40 CFR Part 50, Appendix L, approved by the EPA.

20.11.1 NMAC Public Review Draft 

### 9128110 4**(~I** GGG. "PM,. emissions" means finely divided solid or liquid material with an aerodynamic diameter less than or equal to a nominal 10 micrometers emitted into the ambient air as measured by the reference method in 40 CFR Part 50. Appendix J and M, or equivalent method approved by the EPA. [GGG.I HHH. "Pollution control device" or "air pollution control equipment" means any device, equipment, process or combination thereof, the operation ofwhich may limit. capture. reduce. confine. or otherwise control regulated air pollutants or convert for the purposes ofcontrol any regulated air pollutant to another form, another chemical or another physical state. This includes, but is not limited to, sulfur recovery units, acid plants. baghouses. precipitators. scrubbers, cyclones, water sprays, enclosures, catalytic converters, and steam or water 

### injection.(IIHH.I 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. 

### [IILI 

### 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. Aoy 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, sball be treated as part ofits design ifthe limitation is federally enforceable or is included in a permit issued by the department. However, the potential to emit for nitrogen dioxide sball be based on total oxides ofnitrogen. [JJJ.] KKK. "Process equipment" means any equipment used for storing, handling, transporting, processing or changing any materials whatsoeverbut excluding that eq\lipment specifically defined in these regulations as incinerators, crematories, pathological waste destructors, pathological destructors and medical waste destructors. [1QQb] LLL, "Process welgbt" means the total weight ofall materials introduced into any specific process, which causes any discharge ofair contaminants into the atmosphere. Solid fuels introduced into any specific process will be considered as part ofthe process weight, but liquid and gaseous fuels and combustion air will not. [I.bbJ MMM. "Process welgbt rate" means 

### the hourly rate derived by dividing the total process weight by the number ofhours in one complete operation from the beginning ofany given process to the completion thereof, or from the beginning to the completion ofa typical portion thereof, excluding any time during which the equipment is idle. 

### [1\11\11\1. 

### [lbs.PI.ell NNN. "Regulated air pollutant" means the following: (I) any pollutant for which a national, state. or local ambient air quality standard bas been promulgated; (2) any pollutanttbat is subject to any standard promulgated under Section III ofthe federal act; (3) any Class I or II substance subject to any standard promulgated under orestablished by Title VI ofthe federal act;. or (4) any pollutant subject to a standard promulgated under Section 112 or any other requirements established under Section 112 ofthe federal act. 

### 000. "Responsible official" means one ofthe following: (I) for a corporation: a president. secretary, treasurer, or vice-president ofthe corporation in cbarge ofa principal business function. or any otherperson who performs similar policy or decision-making functions for the corporation. or a duly authorized representative ofsuch person ifthe representative is responsible for the overall operation 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 bave gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or (b) the delegation ofauthority to such representatives is approved in advance by the department; (2) for a partnership or sole proprietorship: a general partner or the proprietor, respectively; (3) for a municipality, state, federal or otber 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 chiefexecutive officer having responsibility for the overall operations ofa principal geographic unit of the agency (e.g., a regional administrator ofEPA); or (4) for an acid rain source:

20.11.1 NMAC Public Review Draft 9/28/10 5(a) the designated representative (as defined in Section 402(26) ofthe federal act) in so far as actions, standards, requirements, orprohibitions under Title IV ofthe federal act or the regulations promulgated thereunder 

### are concerned; and (b) the designated representative for any other purposes under40 CFR Part 70. 

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

### QQQ. [Reserved] 

### RRR. [Reserved] SSS. "Smoke" means small gas-borne particles resulting from incomplete combustion, consisting predominantly, but not exclusively, ofcarbon, soot and combustible material. TIT. "Solid waste" means garbage; refuse; yard waste; food wastes; plastics; leather; rubber; sludge; and other discarded combustible or noncombustible waste, including solid, liquid, semisolid; or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community or residential activities, and from waste treatmentplants, water supply treatment plants, or air pollution control facilities; but does not include solid ordissolved material in domestic sewage, or solid ordissolved materials in irrigation return Ilows or industrial discharges which 

### are point sources subject to permit under Section 402 ofthe Federal Water Pollution Control Act, or source, special nuclear, 

### orbyproduct material as defined by the Atomic Energy Act. UUU. [Reserved] VVV, "Stack, cblmney, vent, or dUd" means any conduit orduct emitting particulate or gaseous emissions into the open air. WWW. "Standard conditions" means the conditions existing at a temperature of700 F (250 C) and pressure of 14.7 psia (760 mrnHg). 

### XXX, "Standard cubic foot" means a measure ofthe volume ofone cubic foot ofgas at standard 

### conditions. ¥YY, "Startup" means setting into operation any air pollulion 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) ofthe federal act, the Air Quality Control Act, or the laws and regulations in effect pursuant to the act. Several buildings, structures, facililies, or installations, or any combinations will be treated as a single stationary source ifthey belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and 

### are under the control ofthe same person, 

### or persons, or

### are Under common control. Pollutant-emitting activities shall be treated as the same industrial grouping ifthey have the same first two digits ofan applicable standard industrial classification (SIC) code as described in the standard industrial classification manual, or ifthey have the same first three digits ofan applicable north american industry classification system (NAlCS) code. AAAA. "Sulfur dioxide" or "SO," means a pungent, colorless, poisonous gas composed ofmolecules containing a single atom ofsulfur and two atoms ofoxygen with a molecular weight of64.07 g/mole. BBBB. "Total reduced sulfur" means any combination ofsulfur compounds, except sulfur dioxide and free sulfur, which 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 seenbecause its opacity or optical density is above the threshold ofvision. 

### FFFF, "Volatile organic compounds" Or "VOC" means any compound ofcarbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides 

### or carbonates, and ammonium carbonate, which participates in atmospheric photochemical reactions. (I) 

### VOC includes any such organic compound other than the following, which have been determined to have negligible photochemical reactivity: methane; ethane; methylene chloride (dichloromethane); I, 1,1- trichloroethane (methyl chloroform); I, 1.2-trichloro-I,2,2-trilluoroethane (CFC-113); trichlorolluoromethane (CFCII); dichlorodilluoromethane (CFC-12); chlorodilluoromethane (HCFC-22); trilluoromethane (HFC-23); 1,2- dichloro I, 1,2,2-tetralluoroethane (CFC-114); chloropentalluoroethane (CFC-115); 1,1,I-trilluoro 2,2- dichloroethane (HCFC-123); I, 1,I,2-tetralluoroethane (HFC-134a); I,I-dichloro I-Iluoroethane (HCFC-14Ib); 1-

20,11.1 NMAC Public Review Draft 9/28/10 

### 6chloro I,I-difluoroethane (HCFC-142b); 2-chloro-l,I,1 ,2-tetrafluoroethane (HCFC-124); pentafluoroethane (HCFC-125); 1,1,2,2-tetrafluoroethane (HFC-134); 1,1, I-trifluoroethane (HFC-143a); I,I-difluoroethane (HFC152a); parachlorobenzotrifluoride (PCBTF); cyclic, branched, or linear completely methylated siloxanes; acetone; perchloroethylene (tetrachloroethylene); 3,3-dichloro-I,I, 1,2,2-pentafluoropropane (HCFC-225ca); 1,3-dichloro1,I,2,2,3-pentafluoropropane (HCFC-225cb); I, 1,I,2,3,4,4,5,5,5-decafluoropentane(HFC 43-1 Omee); difluoromelhane(HFC-32); ethylfluoride (HFC-16 I); 1,1,1 ,3,3,3-hexafluoropropane (HFC-236fa); 1,1,2,2,3- pentafluoropropane (HFC-245ca); 1,I,2,3,3-pentafluoropropane (HFC-245ea); I, 1,I,2,3-pentafluoropropane (HFC245eb); 1,I,I,3,3-pentafluoropropane (HFC-245fa); 1,1,1,2,3 ,3-hexafluoropropane (HFC-236ea); 1,1,1,3,3- pentafluorobutane (HFC-365mfc); chlorofluoromelhane (HCFC-31); I chloro-I-fluoroethane (HCFC-15Ia); 1,2- dichloro-I, 1,2-trifluoroethane (HCFC-123a); 1, 1,I,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C.,F,OCH, or HFE7100); 2-(difluoromethoxymethyl)-I, I, 1,2,3,3,3-heptafluoropropane «CF,j,CFCF,OCH,); l-ethoxy1,1,2,2,3,3,4,4,4-nonafluorobutane (C.,F,OC,H, or HFE-7200); 2-(ethoxydifluoromelhyl)-I,I,I,2,3,3,3- heplafluoropropane «CF,hCFCF,OC,H,); methyl acetate; I, 1,1,2,2,3,3-heptafluoro-3-methoxy-propane (nC,F,oCH, or HFE-7000); 3-ethoxy-I,I,1 ,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromelhyl) hexane (HFE-7500); I, I, 1,2,3,3,3-heptafluoropropane (HFC 227ea); methyl formate (HCOOCH,); 

### 1,I,I,2,2,3,4,5,5,5-decafluoro-3- methoxy-4-trifluoromethyl-pentane (HFE-7300); propylene carbonate; dimethyl carbonate; and perfluorocarnon compounds which fall into these classes: (a) cyclic, branched, or linear, completely fluorinated alkanes; (h) cyclic, branched, or linear, completely fluorinated ethers with no unsarurations; (c) cyclic, branched, or linear, completely fluorinated teniary amines with no unsarurations; and (d) sulfur containing perfluorocllIbons with no unsaturations and with sulfur bonds only to cllIbon and fluorine. (2) For purposes ofdetermining compliance with emissions limits, VOC will be measured by the test methods in the approved state implementation plan (SIP) or40 CFR Part 60, Appendix A, as applicable. Where such a method also measures compounds with negligible photochemical reactivity, these negligibility-reactive compounds may be excluded as VOC ifthe amount ofsuch compounds is accurately quantified, and such exclusion is approved by the enforcement authority. (3) As a precondition to excluding these compounds as VOC or at any time thereafter, the enforcement authority may require an owner or operator to provide monitoring or testing methods and results demonstrating, to the satisfaction ofthe enforcement authority, the amount ofnegligibly-reactive compounds in the 

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

### I or Appendix S, or under 40 CFR Parts 52 or 60. The EPA shall not be bound by any state determination as to appropriate melhods for testing or monitoring negligiblyreactive compounds ifsuch determination is not reflected in any ofthe above provisions. (5) The following compound(s) are VOC for purposes ofall recordkeeping, emissions reponing, photochemical dispersion modeling and inventory requirements which apply to VOC and shall be uniquely identified in emission repons, 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, Micle 3), any organic compound in the volatile ponion ofan aerosol coating is counted towards that product's reactivity-based limit. Therefore, the compounds identified in Subsection FFFF of20.11.1.7 NMAC as negligibly reactive and excluded from EPA's definition ofVOCs are to be counted towards a product's reactivity limit for the purposes ofdetermining compliance with California's aerosol coatings reactivity-based regulation. (7) For the purposes ofdetermining compliance with EPA's aerosol coatings 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 ponion 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 of20.11. 1.7 NMAC as negligibly reactive and excluded from EPA's definition ofVOC are to be counted towards a product's reactivity limit for the purposes ofdetermining compliance with EPA's aerosol coatings reactivity-based national regulation, as provided in 40 CFR Part 59, Subpart E. GGGG. "Measurements, abbreviations. and acronyms"

20,11.1 NMAC Public Review Draft 9/28/10 7A-BC AQCB-Albuquerque

- Bernalillo county air quality control board AUT-averaging, banking and trading (program) AIRS-aerometric infonnation 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 teclmology Bhp-brake horsepower Btu-British thermal unit C-Celsius CAA(A)-federal Clean Air Act (Amendments) CEM

### -continuous emission monitor CFC(s)-chlorotluorocarbon(s) dh-cubic feet per hour efm-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 eu. jn.-cubic inch(es) OER-discrete emission reduction DOE-department ofenergy DOT-U.S. department oftransportation OPM-development process manual ORB-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-federaltransit administration, DOT g-gram(s) g1mole-grams per mole gal-U.S. gallon(s) GVW-gross vehicle weight GVWR-gross vehicle weight rating h-hour(s) HAP-hazardous airpollutants HC-hydrocarbon(s) Hg-mercury hp.-horsepower 11M-inspection/maintenance in.-inch(es)

20.11.1 NMAC Publie Review Draft 9/28/10 8ISTEA-lnlennodal Surface-Transportalion Efficiency Act (see SAFETEA-LU) K-Kelvin kg-kilogram(s) km-kilometer(s) kPa-kilopascal(s) Ib.-pound(s) Ib/day-pound.. per day Ib-ft-pound-feet Ib/hr-pounds per hour Ib/yr-pounds per year LAER-lowest achievable emission rate LNG-liquefied natural gas LPG-liquefied petroleum gas LRTP-Iong range transportation plan m-meter(s) MACT-maximum achievable control technology mal.-maximum MCO-manufacturers certificate oforigin I'g-microgram I'gim'-microgram per cubic meter mg-milligram(s) mgim'-milligram per cubic meter mI.-mile(s) min-minute(s) mI-milliliter(s) mm-millimeter(s) MMBtu-million Btu mmHg-millimeters ofmercury mpb-miles per hour MPO-metropolitan planning organization MRCOG-mid-region council ofgovernments 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 NESCAUMIMARAMA-northeast states for coordinated air use management/mid-atlantic regional'ir management 

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

20.11.1 NMAC Public Review Draft 9/28/10 9NSR-new source review OJ-oxygen OJ-ozone OMTR-open market trading rule OTAG-ozone transport assessment group OTC-ozone transport commission Pb-lead PIC-public involvement committee PM-particulate matter PM1.5-particulate malter less than 2.5 microns PMlo-particulate matter less than 10 microns ppm-parts per million by volume ppm C-parts per million, carbon PSD-prevention ofsignificant deterioration psi-pounds per square inch psla-pounds per square inch absolute pslg-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 sof-standard cubic foot SI-intemational system ofunits SIP·state implementation plan SLAMS-state and local air monitoring station SMOG-SMoke 

### + toG 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-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

20.11.1 NMAC Public Review Draft 9128110 10VMT-vehicle miles traveled VOC-volatile organic compounds VPMD-vehicle pollution management division 

### °/.-percent D-degree(s) [3/21/77

... 11/12/81, 11/21/81,3/16/89,6/16192,2/26/93,9/23/94, 12/16/94, 12/1/95, 8/1/96; 20.11.1.7 NMACRo, 20 NMAC I 1.0I.l.7, 10/1/02; A, 7/1/04; A, 9/14/09] 20,11.1.8 VARIANCES: [Reserved] [12/1/95; 20.1 I. 1.8 NMAC

- Ro, 20 NMAC 11.01.1.8, 10/1/02)
20.11.1.9 SAVINGS CLAUSE: Any amendment to 20.11.1 NMAC which is filed with the state records center shall not affect actions pending for violation ofa city or county ordinance. or 20.11.1 NMAC. Prosecution for a 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. [12/1/95; 20.1 1.1.9 NMAC

- 

### Rn. 20 NMAC 11.01.1.9, 10/1/02; A, 9/14/09)
20.11.1.10 SEVERABILITY: Ifany section, paragraph, sentence, clause or word of20. I1.1 NMAC or any federal standards incorporated herein is for any reason held to he unconstitutional or otherwise invalid hy any court, the decision shall not affect the validity ofremaining provisions of20.11.1 NMAC. [12/1/95; 20.11.l.l0 NMAC

- Ro, 20 NMAC 11.01.1.10,10/1/02; A,9/14/09)
20.11.1.11 DOCUMENTS: Documents incorporated and cited in 20.1l.l NMAC may he viewed at the Alhuquerque environmental health department, 400 Marquette NW, Alhuquerque, NM. [12/1/95; 20.1 1.1.11 NMAC-Ro,20NMAC 11.01.l.l1 &A,10/1/02;A,9/14/09)
20.11.1.12 [Reserved) [12/1/95; 20.11.1.l2 NMAC

- Ro, 20 NMAC 11.01.1.12 & Repealed, 10/1/02; Ro, 20 NMAC 11.01.11.1,10/1/02]
20.11.1.13 [Reserved] [11/12/81.

..3/24/82,8/1/96; 20.1 1.1.13 NMAC

- Rn, 20 NMAC 11.01.11.2, 10/1/02; Repealed, 7/1/04]
20.11.1.14 [Reserved) [3/24/82; 20.1 1.1.l4 NMAC

- Ro, 20 NMAC I 1.0I.I1.3, 10/1/02; Repealed, 9/1 4/09)
HISTORY OF 20.11.1 NMAC: Pre-NMAC HIstory: The material in this part was derived from that previously filed with the Commission of Puhlic Records

- State Records Center and Archives. Resolution No. I, Air Pollution Control Regulations ofthe Alhuquerque

- Bernalillo County Air Quality Control Board, 8/6171; Regulation No. I, 

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

### Air Pollution Control Regulations, 7/9/73; Regulation No. I, Air Pollution Control Regulations, 3/21/77; Regulation No.1, Resolutions

- 

### Air Pollution Control Regulations, 3/24/82; Regulation No.1, Resolution

- Air Pollution Regulations, 6/18/86; Resolution No.2, Amhient Air Quality Standards ofthe Alhuquerque

- Bernalillo County Air Quality Control Board, 8/6171; Resolution No.2, Amhient Air Quality Standards ofthe Alhuquerque

- Bernalillo County Air Quality Control Board,6/6/73; Standard No. I, Amhient 

### Air Quality Standards, 11/12/81; Regulation No.2, Defmitions, 3/24/82; Regulation No.2, Definitions, 1/3/85; Regulation No.2, Definitions, 3/16/89; Regulation No.2, Definitions, 11/27/91; Regulation No.2, Defmitions, 6/16/92; Regulation No. 26, Interpretation, 3/24/82.

20.11.1 NMAC Publle Review Draft9/28/10 11HIstory ofRepealed Material: [RESERVED]
Other History: Regulation No. 

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

### i, Ambient Air Quality Standards, filed 11112/81; Regulation No.2, Defmitions, filed 6/16/92; and Regulation No. 26, Interpretation, filed 3/24/82; were all renumbered and reformatted into flISt version ofthe New Mexico Administrative Code as 20 NMAC 11.0 

### I, 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 Puhlic Review Draft 9/28/10 12

### 11/9/2010

# ~~Clipped Legal Notices ABQjourna Legals



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### EXHIBIT 

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ALBUQUERQUE-BERNALILLO COUNTY AlR QUALITY CONTROL BOARD NOTICE OF HEARING On December 8, 2010, at 5:30 PM, the Albuquerque-Bernali11o County Air Quality ControlBoard (Air 

### Board) will 

### hold a public hearing in the Vincent 

## E. Griego Chambers located in the basern:nt levelofthe A1buquerque-Bernali11o County Governrn:nt Center, One Civic PIa2a NW, Albuquerque, NM. The hearing will 

### address: Proposal to adopt arn:ndrn:nts to 20.11.61 NMAC, Prevention ofSignificant Deterioration; 20.11.42 NMAC, Operating Permits; and 20.11.1 NMAC, GeneralProvisions. The 

### arn:ndrn:nts to 20.11.42 NMAC are proposed as a revision to the Title V Operating Permit Program, and the arn:ndrn:nts to 20.11.61 NMAC and 20.11.1 NMAC are proposed as a revision to the New Mexico State Implern:ntation Plan fur air quality (SIP). The 

### proposed arn:ndrn:nts are required pursuant to the Prevention ofSignificant Detcrioration (PSD) & 

### Title V GreenhoUse Gas (GHG) Tailoring Rule [FR 6/3/10, VoL 75, No. 106,31514-31608], whichtailors permitting requirern:nts to ensure only the largest sources ofGHG-facilities must obtain air pcrmits fur GHGs. Potential sources in Bernali110 County include power plants, refineries, cern:nt rmnufucturing, etc

... In 

### addition, language fuund at 20.11.42.12.A.(2) NMAC, Timely Application, has 

### been streamlined to confurmto 40 CFR70.5, PermitApplications, and 20.2.70 NMAC, Operating Permits (State ofNew Mexico). The 

### Clean Air Act (CAA) PSD and Title V permitting thresholds (triggers) fur criteria polhrtants (lead, sulfur dioxide, nitrogen dioxide, carbonmonoxide, owne and particulate rmller) are 100 and 250 tons peryear (tpy) respectively, depending upon the type of emissions. Ahhough these thresholds are appropriate triggers fur criteria polhrtantpermits, they are too low fur an effi:ctive permittrigger fur GHG emissions because GHGs are emitted in significantly greater volumes (ie. 75,000-100,000 tpy). Under**e~ting** 

### fuderallaw, unless states and local agencies adopt the Tailoring Rule arn:ndrn:nts byJanuary 2, 20II, stationary
sources that emit as little as 100 or 250 tpy ofGHGs will 

### autormticallytrigger (require) complex new Title V permits or PSD permits (thatrequire best available controltechnology or BACT). Thi<; 

### could potentially affi:ct many sources within

### Bernalillo County, including sources that otherwise would only be required to obtain minor source permits (e.g., 20.11.41 NMAC, Authority-to-Construct) orpossibly no permit at aIL Step I ofthe Tailoring Rule (1/2/11-6/30/11): PSD permits: no new TailoringRule permitting actions legals.abqjournal.com/legals/

.. ./clippecl

... 

### 1/3

### 11/9/2010 ABQjourna Legals 

### will 

## be triggered based solely on GHG emissions. Only sources taking permitting actions anyway fur other pollutants must**a~o** 

## address GHGs under the Tailoring Rule; the anyway sources will 

## be subjectto PSD requirements only if

## the sources increase GHG emissions by 75,000 tpy C02e ormore. Title V permits: Only sources that have already have Title V pennits, or that must obtain a new Title V pennit fur non-GHG pollutants must address GHGs in Step 1. 

## Step 2 ofthe Tailoring Rule (7/1/11-6/30/13): PSD pennits: GHG sources that emitorhave potentialto emit at least 100,000 tpy C02e will 

## be subject to PSD requirements. Ifa physical change or 

## a change in the method ofoperation at a 100,000 tpy C02e source will 

## resuh in a net GHG increase by at least 75,000 tpy C02e, the 

## source also willbe subjectto PSD pennitting. Title Vpermits: Sources subject to GHG permitting under Step I will 

## continue to be subject to 

## GHG permittingrequirements under Step 2. GHG sources that emit or have potentialto emit at least 100,000 tpy C02e clip 

### will 

## be subject to Title V requirements. Step 3, PSD and Title V: Inthe Tailoring Rule, EPA commits to complete another rulemakingby 7/1/12, after soliciting comrenton streamlining and exclusion ofcertain sources. Step 3 will 

## notrequire permitting ofsources with 

## GHG emissions less than50,000 tpy C02e befure 4/30/16. Following the hearing, the AirBoard will 

## hold its regular monthly meeting during which the AirBoard 

## is expected to consider adopting the afurementioned proposals. Meetings ofthe Air 

## Board are open to the public and all interested persons are encouraged to participate. All persons who wishto testifY regarding the subject ofthe hearing may do so at the hearing and will 

## be given a reasonable opportunityto submitrelevant evidence, data, views, and arguments, orally or in writing, 

## to introduce exhibits and 

## to examine witnesses in accordance withthe Joint Air Quality Control Board Ordinances, Section 9-5-1-6 ROA 1994 and Bernalillo COImty Ordinance 94-5, Section 6, and 20.11.82 NMAC, Rulemaking Procedures

-

- Air Quality ControlBoard. Anyone intending to presenttechnicaltestiIrony at this 

## hearing 

## is required by 20.11.82.20 NMAC to submit a written Notice OfIntentto testifY (NOl) befure 5:00pmon November 23,2010, to: Attn: Hearing Clerk, Ms. Janice Wright, Albuquerque Environmental Health Department, P.O. Box 1293, Albuquerque, NM 87103, or, you may deliver your NOI to the Environmental Health Department, Suite 3023, 3rd Floor, One Civic Plaza (400 Marquette Avenue NW). The 

## Nor shall: 1. 

## identifY the person fur whomthe witness or witnesses willtestifY; 2. identifY eachtechnical witness the person intends to present and state the qualifications ofthat witness, including a description oftheir educationaland work background; 3. summarize or include a copy ofthe direct testiIrony ofeach technicalwitness and state the 

## anticipated duration ofthe testiIrony ofthat witness; 4. include the text ofanyrecomrended modifications to the proposed regulatory change; and 5. fio>t and 

## descnbe, or attach, all exhibits anticipated to be oJrered by that personat the hearing, including any proposed statementof
reasons fur adoption ofrules. In addition, written comrents to be incorporated into the public record fur this 

## hearing should be received at the above P.O. Box, orEnvironmentalHealth Department office, befure 5:00 pm legals.abqjoumal.com/legals/

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... 

### 2/3

## 11/9/2010 ABQjourna Legals
on Decembcr 1,2010. 

## Conments shall include the name and address ofthe 

## individualor organization submitting the 

## statement. Writtcn conments lTBy al'io be submitted electronicallytojcwright@cabq.gov and shall include the 

## required name and address infunmtion Interested pcrsons may obtain a copy ofthe 

## proposcd rcgulation at the 

## EnvironmentalHeahhDcpartment office, or by contactingMs. Janice Wrightelectronically atjcwright@cabq.gov or by phone (505) 768-260

## I, or by downloading a copy from the 

## City of Albuquerque Air Quality Division website**bttp~/www.cabq.gov/airquality/aqcb/public-review-drafts.** 

## NOTICE FOR PERSON WIlli DISABILITIES: Ifyou have adisability and/or require special assistance please call (505) 768-2600 

## [Voice] and special assistance will 

## be made available to you to review anypublic mecting documents, including agendas and minutes. TIY uscrs call the Ncw Mexico Relay at 1- 

### 800-659-8331 

## and specialassistance willbe ITBde available to you to review any public meeting documents, including agendas and minutes Journal: October 17, 2010.


### Publishedon October 

## 17, 2010



## legals.abqjournal.com/legals/

..,fclipped

... 3/3New Mexico Register I Volume XXI, Number 20 I October 29,2010

ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD NOTICE OF HEARING

### '~EXHIBIT 

# I J.b I

On December 8, 2010, at 5:30 PM, the Albuquerque-Bernalillo County Air Quality Control Board (Air Board) will hold a public hearing in the Vincent E, Griego Chambers located in the basement level ofthe AlbuquerqueBernalillo County Government Center, One Civic Plaza NW, Albuquerque, NM, The hearing will address: Proposal to adopt amendments to 20, II ,61 NMAC, Prevention a/Significant Deterioration; 20,11.42 NMAC, Operating Permits; and 20, II, I NMAC, General Provi"ions, The amendments to 20,11.42 NMAC are proposed as a revision to the Title V Operating Permit Program, and the amendments to 20, II ,61 NMAC and 20, II, I NMAC are proposed as a revision to the New Mexico State Implementation Plan for air quality (SIP), The proposed amendments are required pursuant to the Prevention of Significant Deterioration (PSD) & Title VGreenhouse Gas (GHG) Tailoring Rule [FR 6/3/10, Vol, 75, No, 106,31514-31608], which "tailors" permitting requirements to ensure only the largest sources ofGHG-facilities must obtain air pennits for GHGs. Potential sources in Bernalillo County include power plants. refineries, cement manufacturing, etc

... In addition, language found at 20,11.42, 12,A,(2) NMAC, TimelyApplication, has been streamlined to conform to 40 CFR 70,5, Permit Applications, and 20,2,70 NMAC, Operating Permits (State ofNew Mexico),
The Clean Air Act (CAA) PSD and Title V permitting thresholds (triggers) for criteria pollutants (lead, sulfur dioxide, nitrogen dioxide, carbon monoxide, ozone and particulate matter) are 100 and 250 tons per year (tpy) respectively. depending upon the type ofemissions. Although these thresholds are appropriate triggers for criteria pollutant pennits. they are too low for an effective permit trigger for GHG emissions because GHGs are emitted in significantly greater volumes (i,e, 75,000-100,000 tpy),
Under existing federal law, unless states and local agencies adopt the Tailoring Rule amendments by January 2, 2011, stationary sources that emit as little as 100 or 250 tpy ofGHGs will automatically trigger (require) complex new Title V permits or PSD permits (that require best available control technology or "BACT"), This could potentially affect many sources within Bernalillo County, including sources that otherwise would only be required to obtain minor source permits (e,g" 20,11.41 NMAC, Authority-to-Construct) orpossibly no permit at all. Step I ofthe Tailoring Rule (1/2/11-6/30/11): PSD permits: no new Tailoring Rule permitting actions will be triggered based solely on GHG emissions, Only sources taking permitting actions "anyway" for other pollutants must also address GHGs under the Tailoring Rule; the "'anyway" sources will be subject to PSD requirements only if the sources increase GHG emissions by 75,000 tpy CO,e or more, Title V permits: Only sources that have already have Title V permits, or that must obtain a new Title V permit for non-GHG pollutants must address GHGs in Step I. Step 2 ofthe Tailoring Rule (7/1/11-6130/13): PSD permits: GHG sources that emit or have potential to emit at least 100,000 tpy CO,e will be subject 10 PSD requirements, Ifa physical change or a change in the method of operation at a 100,000 tpy CO,e source will result in a net GHG increase by at least 75,000 tpy CO,e, the source also will be subject to PSD permitting, Title V permits: Sources subject to GHG permitting under Step I will continue to be subject to GHG permitting requirements under Step 2. GHG sources that emit or have potential to emit at least 100,000 tpy CO,e will be subject to Title V requirements, Step 3, PSD and Title V: In the Tailoring Rule, EPA commits to complete another ruIemaking by 7/1/12, after soliciting comment on streamlining and exclusion ofcertain sources. Step 3 will not require permitting ofsources with GHG emissions less than 50,000 tpy CO,e before 4/30/16, Following the hearing, the Air Board will hold its regular monthly meeting during which the Air Board is expected to consider adopting the aforementioned proposals. Meetings ofthe Air Board are open to the public and all interested persons are encouraged to participate. All persons who wish to testify regarding the subject ofthe hearing may do so at the hearing and will be given a reasonable opportunity to submit relevant evidence, data, views, and arguments, orally or in writing, to introduce exhibits and to examine witnesses in accordance with the Joint Air Quality Control Board Ordinances, Section 9-5-1-6 ROA 1994 and Bernalillo County Ordinance 94-5, Section 6, and 20, II ,82 NMAC, Rulemaking Procedures

-- Air Quality Control Board,

### New Mexleo Register IVolume XXI, Number 20 IOetober 29, 

### 2010

Anyone intending to present technical testimony at this hearing is required by 20.11.82.20 NMAC to submit a written NOlice OfIntent to testify (NOl) before 5:00pm on November 23, 20I0, 10: Attn: Hearing Clerk, Ms. Janice Wright, Albuquerque Environmental Health Department, P.O. Box 1293, Albuquerque, NM 87103, or, you may deliveryour NOI to the Environmental Health Department, Suite 3023, 3'" Floor, One Civic Plaza (400 Marquette Avenue NW). The NOI shall: I. identify the person for whom the witness or witnesses will testify; 2. identify each technical witness the person intends to present and state the qualifications ofthat witness, including a description of their educational and work background; 3. summarize or include acopy ofthe direct testimony ofeach technical witness and state the anticipated duration ofthe testimony ofthat witness; 4. include the text ofany recommended modifications to the proposed regulatory change; and 5. list and describe, or attach, all exhibits anticipated to be offered by that person at the hearing, including any proposed statement ofreasons for adoption ofrules.
In addition, written comments to be incorporated into the public record for this hearing should be received atthe above P.O. Box, or Environmental Health Department office, before 5:00 pm on December 1,2010. Comments 

### shall include the name and address ofthe individual ororganization submitting the statement. Written conunents may also be submitted electronically to jcwright@cabg.gov and shall include the required name and address information. Interested persons may obtain a copy ofthe proposed regulation at the Environmental Health Department office, orby contacting Ms. Janice Wright electronically at jcwright@cabg.govor by phone (505) 768- 260I, or by downloading a copy from the City ofAlbuquerque Air Quality Division website http'l!www.cabg.gov/airguality!agcb/public-review-drafts
. NOTICE FOR PERSON WITH DISABILITIES: !fyou have a disability and/or require special assistance please call (505) 768-2600 [Voice] and special assistance will be made available to you to review any public meeting documents, including agendas and minutes. TTY users call the New Mexico Relay at 1-800-659-8331 and special assistance will be made available to you to review any public meeting documents, including agendas and minutes

### Page I of5

From:

Subject: Sent: To: City of Albuquerque-Air Quality Division Dcwright@cabq.gov] Thursday, October 14, 2010 2:20 PM Butt, Neal T. Legal Ad for Hearing Regarding 20.11.1 NMAC, General Provisions, 20.11.42 NMAC, Operating Permits, 20.11.61 NMAC, Prevention of Significant Deterioration Follow Up Flag: Follow up Flag Status: Orange 

## Butt, Neal T.



## Legal Ad for a Hearing Regarding 20.11.1 NMAC, General Provisions, 20.11.42 

## NMAC, Operating Permits, 

## and 20.11.61 NMAC, Prevention 

# ofSignificant Deterioration. 

## The Amendments to 20.11.42 NMAC Are Proposed as a Revision to the Title V Operating Permit Program, and the Amendments to 20.11.61 NMAC and 20.11.1 NMAC Are Proposed As a Revision to the New Mexico State Implementation Plan for Air Quality (SIP)

ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD NOTICE OF HEARING On December 8, 2010, at 5:30 PM, the Albuquerque-Bernalillo County Air Quality Control Board (Air Board) will hold a public hearing in the Vincent E. Griego Chambers located in the basement level of the Albuquerque-Bernalillo County Government Center, One Civic Plaza NW, Albuquerque, NM. The hearing will address: Proposal to adopt amendments to 20.11.61 NMAC, Prevention of Significant Deterioration; 20.11.42 NMAC, Operating Permits; and 20.11.1 NMAC,

11/10/2010

## General Provisions. The amendments to 20.11.42 NMAC are proposed as a revision to the Title V Operating Permit Program, and the amendments to 20.11.61 NMAC and 20.11.1 NMAC are proposed as a revision to the New Mexico State Implementation Plan for air quality (SIP). The proposed amendments are required pursuant to the Prevention of Significant Deterioration (PSD) 

## & Title V Greenhouse Gas (GHG) Tailoring Rule [FR 6/3/10, Vol. 75, No. 106, 31514-31608], which "tailors" permitting requirements to ensure only the largest sources of GHG-facilities must obtain air permits for GHGs. Potential sources in Bernalillo County include power plants, refineries, cement manufacturing, etc... In addition, language found at 20.11.42.12.A.(2) NMAC, Timely Application, has been streamlined to conform to 40 CFR 70.5, Permit Applications, and 20.2.70 NMAC, Operating Permits (State of New MeXico).
The Clean Air Act (CAA) PSD and Title V permitting thresholds (triggers) for criteria pollutants (lead, sulfur dioxide, nitrogen dioxide, carbon monoxide, ozone and particulate matter) are 100 and 250 tons per year (tpy) respectively, depending upon the type of emissions. Although these thresholds are appropriate triggers for criteria pollutant permits, they are too low for an effective permit trigger for GHG emissions because GHGs are emitted in significantly greater volumes (i.e. 75,000-100,000 tpy).
Under existing federal law, unless states and local agencies adopt the Tailoring Rule amendments by January 2, 2011, stationary sources that emit as little as 100 or 250 tpy of GHGs will automatically trigger (reqUire) complex new Title V permits or PSD permits (that require best available control technology or "BACT"). This could potentially affect many sources within Bernalillo County, including sources that otherwise would only be required to obtain minor source permits (e.g., 20.11.41 NMAC, Authority-to-Construct) or possibly no permit at all.

11/10/2010 

## Page 2 of5

## Step 1 of the Tailoring Rule (1/2/11-6/30/11): PSD permits: no new Tailoring Rule permitting actions will be triggered based solely on GHG emissions. Only sources taking permitting actions "anyway" for other pollutants must also address GHGs under the Tailoring Rule; the "anyway" sources will be subject to PSD requirements only if the sources increase GHG emissions by 75,000 tpy C02

## e or more. Title V permits: Only sources that have already have Title V permits, or that must obtain a new Title V permit for non-GHG pollutants must address GHGs in Step 1. Step 2 of the Tailoring Rule (7/1/11-6/30/13):

PSD permits: GHG sources that emit or have potential to emit at least 100,000 tpy C02

## e will be subject to PSD requirements. If 

## a physical change or a change in the method of operation at a 100,000 tpy C02

## e source will result in a net GHG increase by at least 75,000 tpy C02

## e, the source also will be subject to PSD permitting. Title V permits: Sources subject to GHG permitting under Step 1 will continue to be subject to GHG permitting requirements under Step 2. GHG sources that emit or have potential to emit at least 100,000 tpy C02

## e will be subject to Title V requirements. Step 3, PSD and Title V: In the Tailoring Rule, EPA commits to complete another rulemaking by 7/1/12, after soliciting comment on streamlining and exclusion of certain sources. Step 3 will not require permitting of sources with GHG emissions less than 50,000 tpy C02

## e before 4/30/16. Following the hearing, the Air Board will hold its regular monthly meeting during which the Air Board is expected to consider adopting the aforementioned proposals. Meetings of the Air Board are open to the public and all interested persons are encouraged to participate. All persons who wish to testify regarding the subject of the

11/1012010 

### Page 3 of5

## hearing may do so at the hearing and will be given a reasonable opportunity to submit relevant evidence, data, views, and arguments, orally or in writing, to introduce exhibits and to examine witnesses in accordance with the Joint Air Quality Control Board Ordinances, Section 9-5-1-6 ROA 1994 and Bernalillo County Ordinance 94-5, Section 6, and 20.11.82 NMAC, Rulemaking Procedures

-- Air Quality Control Board. Anyone intending to present technical testimony at this hearing is required by 20.11.82.20 NMAC to submit a written Notice 

## Of Intent to testify (NO!) before 5:00pm on November 23,2010, to: Attn: Hearing Clerk, Ms. Janice Wright, Albuquerque Environmental Health Department, P.O. Box 1293, Albuquerque, NM 87103, or, you may deliver your NO! to the Environmental Health Department, Suite 3023, 3rd 

## Floor, One Civic Plaza (400 Marquette Avenue NW). The NO! shall: 1. identify the person for whom the witness or witnesses will testify; 2. identify each technical witness the person intends to present and state the qualifications of that witness, including a description of their educational and work background; 3. summarize or include a copy of the direct testimony of each technical witness and state the anticipated duration of the testimony of that witness; 4. include the text of any recommended modifications to the proposed regulatory change; and 5. list and describe, or attach, all exhibits anticipated to be offered by that person at the hearing, including any proposed statement of reasons for adoption of rules.
In addition, written comments to be incorporated into the public record for this hearing should be received at the above P.O. Box, or Environmental Health Department office, before 5:00 pm on December 1, 2010. Comments shall include the name and address of the individual or organization submitting the statement. Written comments may also be submitted electronically to jcwright@cabg.gov and shall include the required name and address information. Interested

11110/2010 

## Page 4 of5

## persons may obtain a copy of the proposed regulation at the Environmental Health Department office, 

## or by contacting Ms. Janice Wright electronically at jcwright@cabg.gov or by phone (505) 768-2601, or by downloading a copy from the City of Albuquerque Air Quality Division websitehttp://www.cabg.gov!airgualitv!agcb!publicreview-drafts. NOTICE FOR PERSON WITH DlSABIUTlES: If you have a disability and/or require special assistance please call (505) 768-2600 [Voice] and special assistance will be made available to you to review any public meeting documents, including agendas and minutes. TIY users call the New Mexico Relay at 1-800-659-8331 and special assistance will be made available to you to review any public meeting documents, including agendas and minutes

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Email Marketing by

# CITY OF ALBUQYERQYE

Albuquerque EnvironmentalHealth Department Mary Lou Leonard. Director

POBox 1293

Albuquerque



### NMsnro

www.cabq.gov 

### July 16,2010 Certified Mail #7006 0810000393534320 Return Receipt Requested

Dr. Alfredo Armendarz Regional Administrator EPA Region 6 1445 Ross Avenue, Suite 1200 Dallas, TX 75202
Re: Albuquerque-Bernalillo County Permitting Program

- Tailoring Rule
Dear Dr. Armendariz:
In response to the Prevention of Significant Deterioration (PSD) and Title V Greenhouse Gas Tailoring Rule 

### final rule published June 3, 2010 (Tailoring Rule), the Environmental Health Department (Department) ofthe City ofAlbuquerque (City) has determined that the Albuquerque-Bernalillo County Air Quality Control Board (local air board) regulations (local regulations) presently do not contain the same language as incorporated in the Tailoring Rule. In addition, the local regulations are not sufficiently open-ended to allow implementation of the Tailoring Rule without first having to amend existing local air board PSD and Title V permitting regulations. As a result, local regulations 20.11.61 NMAC, Prevention of Significant Deterioration, 

### and 20.11.42 NMAC, Operating Permits, 

### would have to 

### be amended before the local permitting authority has authority to apply the meaning of the term "subject to regulation" established in the Tailoring Rule.
The City and Bernalillo County (County) accepted delegation over air quality permitting throughout the County by adopting ordinances as required by the New Mexico Air Quality Control Act (NM Air Act). The NM Air Act required the City and County ordinances to be "consistent with the substantive provisions ofthe (NM) Air Quality Control Act and shall provide for standards and regulations not lower than those required by regulations adopted by the (New Mexico) environmental improvement board." NMSA Section 74-2-4(C). The state Environmental Improvement Board (ElB) regulations regarding PSD and Title V permitting (20.2.74 NMAC and 20.2.70 NMAC respectively) do not contain the language that the Tailoring Rule incorporated in 40 CFR 51.166(b)(4) and 40 CFR 52.21(b)(50). In a June 24, 2010 letter to you, the New Mexico Environment Department (NMED) stated that NMED "intends to request a hearing before the Environmental Improvement Board in November 2010 to adopt amendments to the State's Title V and PSD rules reflecting the requirements ofthe Tailoring Rule". Because the City and County local

### 7/1 6/2010 Letterto Dr. Annendarz Regarding Albuquerque-Bernalillo County Permitting Program

- Tailoring Rule Page 2 of2
air board ordinances "provide for standards and regulations not lower than" the regulations adopted by the EIB, and because the local 

### air board strives to adopt consistent wording as appropriate, the Department will wait until the EIB has adopted amendments to the EIB's Title V and PSD regulations so the Department can review the wording and make decisions regarding the hearing and related issues. We will inform you ofthe Department's decision regarding the local air board hearing.
Ifyou have questions, please call, or have your staffcontact Isreal Tavarez at (505)768-1965 or itavarez@cabg.gov. Thank you.

## SinCerelY~ -//

ary 

### ou

# Leon~r Env' onrnental Health Department Ci ofAlbuquerque
e-mail copy also sent to: Thomas Diggs, Associate Director

- Air, EPA Region 6: diggs.thomas@epa.gov Jeffrey Robinson, Section Chief, Air Permits Sec., EPA Region 6, robinsonJeffrey@epa.gov Guy Donaldson, Section Chief, Air Plonning Section, EPA Region 6, donaldson.•uy@epa.gov Cathy Penland, Environmental Scientist, Air Permit Section, EPA Region 6, penland.catherine@epa.gov Alan Shar, Environmental Engineer, Air Plonning Section, EPA Region 6,**shar.a!an@~pa.gov** 

### Isreal Tavarez, Environmental Engineering Manager, Air Quality Permitting, COAlEHD, jtavareZ@cagg gov Margaret Nieto, Environmental Health Supervisor, Control Strategies Section, COAlEHD, mojelOr@cabo.goy Dario Rocha, Environmental Health Supervisor, Air Quality Permitting, COAlEHD, drocha@cabg,goy

### UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 1445 ROSS AVENUE, SUITE 1200 DALLAS, TX 75202·2733 

## SEP 2 2010**~D** EXHIBIT 

# I 

# 3L I

Ms. Mary Lou Leonard Director, Environmental Health Department City ofAlbuquerque Post Office Box 1293 Albuquerque, NM 87103
Dear Ms. Leonard:
Thank you for your letter dated July 16, 2010, responding to EPA's request that states submit information to the appropriate EPA Regional Administrator regarding their authority to issue Prevention ofSignificant Deterioration (PSD) or Title V permits for Greenhouse Gas (GHG) emissions sources consistent with EPA's final rulemaking titled "Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule." We appreciate your timely and detailed response to our request. Taking into consideration the responses from all states, Administrator Lisa P. Jackson signed two proposed rulemakings on AU!,'lIst 12,2010. The first proposal outlines a proposed State Implementation Plan (SIP) call for those state agencies that do not appear to have authority or who have asserted to EPA that they do not have the authority under State law or their PSD permitting rules to permit GHG emissions. The second proposal outlines a proposed Federal Implementation Plan (FIP) which would be applied to any permitting authority that cannot or does not appear to be able to apply its PSD pennitting program to sources ofGHGs. Details of our August 12 action and copies ofthe signed Federal Register notices may be found at http://www.epa.gov/nsr. EPA is proposing to find that the City ofAlbuquerque Environmental Health Department (AEHD) does have the necessary authority under the Albuquerque PSD permitting rules to cover GHG emissions. In addition, please be aware that within 30 days from the date ofthese two proposed rulemakings being published in the Federal Register, we are rcquestillg that tllc AEHD review the status ofthe Albuqucrque rSD program and submit <l 

### letter to EPA ifthe Albuquerque PSD program cannot regulate GHG emissions.
Ifyou have any further questions about the GHG Tailoring Rule or its implementation, please contact me at (214) 665-2100, or your staffmay contact Mr. JeffRobinson ofmy staffat (214) 665-6435.

\

Internet Addre•• (URL) • http://www.epa.gov RecycledlRecycr.bl•• Prlnled wl!lh Vegetable all Based Inial on Recycled Paper (Millmum 25% Poslconsumer)

# CITY OF ALBUQYERQYE

PO Box 1293**/\lbuqlJl~rqUt'** September 17,**~()1()**

Dr

..\Ifrcdo .\nncndariz Regional.\JmimsU';tt()r U'.\ Region 6 1-4-4-5 Ross .\\"cnuc, Suite 1200 Dallas, 'IX 7;202

Re: Propo,ed Greenhouse (;a, (GII(;) SIP Call

Dcar Dr

..\rmendanl'.:,
'111e .\ir Quality Division of the.\lbulllll'ryue EnYlronmenral llealth Department attests that the l.'.S. E1'.\ has corrccdy caLcgunzcd the City of ;\lbuqucrquc and Bernalillo County as having a SIP that applies**Prl~Tcnti()n** of Significant Deterioration (PSt)) to GIIG**sourCl~S** ("Presumptive .\dclluac)' List';' "l1w .\lbuqucrque-Bernalillo County SIP applies PSD to sources of any "rq?;ularcd ne,\'**SOllrCl~** reyie\v pollutant". \'\'c have, ho\vc,"cr. decided to propose re\'isions to the PSD portion of the SIP (20.11.61 N(\.L\C. Pl?uJ1lion**~l S{~ni/i((Jnl**  LJelen'oralion) to define the renn "subjcct to regularion", and to incluoe a octinirion of «grecnhousc p{\l:l" 'hat, is equivalent to the de!;ni,ion in ,he Light Duty Vehicle Rule [10 CFR**86.1818-1~(a)l.** The propo'ed rc,,-i,iol1S to**~Il.l** 1.(>1 :-I\1.\C, along with reYi,iom (0**~O.11.42** :-I\I.\C,**()prl'"li~g** 

### Pennil,", and**~0.11.1** l':**~L** \C, (;e!l('1u!**j>rrJ1'/~(ionJ,** havc been submittcd \0 .-\dina**\~'ilcy,** C'.S. EP.\ Region 6,

..

### \ir Pennit::! Scction, for n'Yi<..'\v. 

### '111C public hearing Cor these proposeo**reyh;i()n~** ha::! been ::!cheoulcd for December 

### R, 2010, subject to approval by the Albuqucrque

- B<..'rnalillo County ;\ir Quality (ol1lrol Hoard (.\ir Boaro). If the Air Board adopts**the~e** amendments, then thcy could lake effect as early as January 8, 2011. Should you ha\"C**an~-** questions or concerns regarding this schcoule. pleasc do not hesitate to l"OIH:lct :\l:lrgaret :"Jiero ofmy staff at (50S) 768-2637.

cc: ,-\oina \'·iley. L.S. LP.\ Region 6, .\ir Permits Section 75202 .lens Deiehmann, Chair,

..\lbullucrque Bernalillo Counry .\ir Qualiry Control Board :-"largaret :t\icto, Control**St['lHe~~es** Supervisor, .-\ir Quality Di\-ision .\lary L'hl, Chief, .\ir Quality Bureau,**~\I** Em'ironmcnt Dcpartmcnt

".','" "/';(" '°,1:,·,' '-jr",

__'I){I(,

## Butt, Neal T.
From: 

### Sent: To: 

### Cc: 

### Subject: Follow Up Flag: Flag 

### Status:

Neal, Chavez, James R. Wednesday, September 29,20108:47 AM 

### BUll, Neal T. Tavarez, Isreal L. Proposed Reg changes Foliowup Red

You might to consider eliminating the word "facsimile" to "email". Fax's are rapidly become obsolete and soon may not exist. Just 

### fyi

1

## AQD Exhibit 5. Direct Testimony for Hearing regarding amendments to comply with the GHG Tailoring Rule
Slide 1 Caption
Thank you, Mr. Hearing Officer, Chairman Deichman, and members ofthe Board. My name is Neal Butt. I am an Environmental Health Scientist with the Air Quality Division, Control Strategies Section. I am here


## In The Matter OfThe Petition To Amend 20.11.61 NMAC, Prevention OfSignificant Deterioration; 

## 20.11.42 NMAC, Operating Permits; 

## And 20.11.1 NMAC, General Provisions. 

## The Amendments To 20.11.42 NMAC Are Proposed As A Revision to the Title V Operating Permit Program, And the Amendments to 20.11.61 NMAC And 20.11.1 NMAC Are Proposed As A Revision to the New Mexico State Implementation Plan for Air Quality (SIP). AQCB Petition No. 2010-4
Slide 2 Reasons for Proposed Amendments to 20.11.61 NMAC, Prevention of SignificantDeterioration; 

## 20.11.42 NMAC, Operating Permits; 

## and 20.11.1 NMAC, GeneralProvisions.

The proposed amendments are required pursuant to the 

## Prevention of SignificantDeterioration (PSD) & 

## Title VGreenhouse Gas (GHG) 

## Tailoring Rule, which was issued on May 13 1 \ 

## published on June 3rd 

## and became effective August 2nd 

## ofthis year [FR Vol. 75, No. 106,31514- 31608]. This rule "tailors" the applicability criteria that determines which GHG emissions sources become subject to the PSD and Title V programs of the CAA, to ensure that only the largest emitters ofGHG are required to obtain PSD and Title V air quality permits for GHGs. Potential sources in Bernalillo County include powerplants, refineries, cement manufacturing,
etc. In addition, language found at 20.11.42.l2.A.(2) NMAC, 

## Timely

1

## Application, has been deleted to conform to 40 CFR 70.5, 

## Permit Applications, and 20.2.70 NMAC, 

## Operating Permits (State ofNew Mexico).

The Clean Air Act (CAA) PSD and Title V permitting thresholds (triggers) for criteria pollutants (lead, sulfur dioxide, nitrogen dioxide, carbon monoxide, ozone and particulate matter) are 100 and 250 tons per year (tpy) respectively, depending upon the type ofemissions (100 TPY for Title V, and 250 TPY for PSD, except for 28 categories listed in EPA regulations for which the PSD threshold is 100TPY). Although these thresholds are appropriate triggers for criteria pollutant permits, they are too low for an effective permit trigger for GHG emissions (C02, 

# cIt, N2

## 0, HFCs, PFCs and SF6) 

## because GHGs are emitted in significantly greater volumes (i.e. 75,000-100,000 tpy).

Under existing federal law, unless states and local agencies adopt the Tailoring Rule amendments by January 2,2011 (Light-Duty Vehicle Rule takes effect), stationary sources that emit as little as 100 or 250 tpy ofGHGs will automatically trigger (require) complex new Title V permits or PSD permits (requiring costly best available control technology or "BACT"). This has the potential to affect many sources within Bernalillo County, including sources that otherwise would only be required to obtain minor

source permits (e.g., 20.11.41 NMAC, 

## Authority-to-Construct) orno permit
at all. The type ofsources that would emit 250 TPY ofGHG in Bernalillo County include boilers found at APS and at medium and larger size office complexes.

2

## Slide 3
Step 1 ofthe Tailoring Rule (1/2/11-6/30/11): 

## PSD permits: no new Tailoring Rule pennitting actions will be triggered based solely on GHG emissions. Only sources undertaking pennitting actions "anyway" for other pollutants must also address GHGs under the Tailoring Rule; the "anyway"

sources will be subject to PSD requirements only ifthe sources increase GHG emissions by 75,000 tpy C02

## e or more. This is not expected to affect any sources in Bernalillo County. 

## Title V permits: "only existing sources with, or new sources obtaining, Title V pennits for non-GHG pollutants will be required to address GHGs during this first step." The types ofTitle V

sources pennitted in Bernalillo County that emit a large amount ofGHGs include cement plants and power plants. [Bernalillo County has nine Title V
sources, two ofwhich are also PSD sources]



## Slide 4
Step 2 ofthe Tailoring Rule (7/1/11-6/30/13): 

## PSD permits: Sources subject to GHG pennitting under Step 1 will continue to be subject to GHG pennitting requirements under Step 2. GHG sources that emit or have potential to emit at least 100,000 tpy C02

## e will be subject to PSD requirements. "In addition, sources that emit or have the potential to emit at least 100,000 TPY C02

## e and that increases net emissions (physical change

or a change in the method ofoperation) ofGHGs by at least 75,000 TPY C02

## e will also be subject to PSD requirements." This is unlikely to affect any PSD sources in Bernalillo County. 

## Title V permits: Sources subject to GHG pennitting under Step 1 will continue to be subject to GHG pennitting requirements under Step 2. GHG sources that emit or have potential to emit

3

## at least 100,000 tpy C02

## e will be subject to Title V requirements. Bernalillo County does have sources that emit 100,000 TPY ofGHG, and these sources already have a Title V permit.

Slide 5
Step 3, PSD and Title V: In the Tailoring Rule, EPA commits to complete another rulemaking by 7/1/12, after soliciting comment on streamlining and exclusion ofcertain sources. Step 3 will not require permitting ofsources with GHG emissions less than 50,000 tpy C02

## e before 4/30/16.

Slide 6 Comments received by the Air Quality Division from the public and EPA, regarding the proposed drafts, are shown as AQD Exhibits 4a, and AQD Exhibit 8 respectively. The Air Quality Division has responded to these
comments by proposing floor amendments to the Public Review Drafts, to address these issues, shown as AQD Exhibit 7. We feel that we have satisfactorily addressed all substantive issues raised by EPA and the public.

Therefore, the Environmental Health Department ofthe City of Albuquerque, by and through the Air Quality Division (AQD), respectfully requests the Albuquerque-Bernalillo County Air Quality Control Board (Air Board) to adopt amendments to 20.11.61 NMAC, Prevention of Significant Deterioration; 20.11.42 NMAC, Operating Permits; and 20.11.1 NMAC, General Provisions, as amended by StaffProposed Floor Amendments shown as AQD Exhibit 7. The Amendments to 20.11.42 NMAC will be submitted to EPA as a revision to the Title V Operating Permit Program, and

4

## the Amendments to 20.11.61 NMAC and 20.11.1 NMAC will be submitted
to EPA as a revision to the SIP.

Slide 7 Questions
That concludes my testimony, and I would like to have exhibits I through 7 moved into the record, and I stand for questions.

5

# /I··"~ :


# .**~~~.** 

# \. l!!ffi·-·**:';,i'~'** .' 

### ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD

ChGu. Jens Delcbmann, County Mr. Steve Baca, County Mr. Art Sbarpe, City Dr. Dona Upson, City Vice Chair, Or. Margnet Menache, County Mr. Augustine Grace III, PE, City Mr. Jack Sullivan, City Non-voting members: Mr. George Castillo, BCPC Liaison and Margaret Nieto, COAl AQD, Secretary to tbe Board
Date: December 8,2010 (Wednesday) Location: Time: 5:30 p.m. Vincent E. Griego Chamber 

### General inquires regarding this agenda may be directed to Janice Wright (505) 768-260/ Albuquerque-Bernalillo County Government Center Ocwr;ght@cabq.gov), One Civic Plaza NW For documents related to each agenda item, please go to Albuquerque, NM 87102 

### htto:llwww.caba.eovlairaualitv/aacb/events/Dpcember-8-201

### 01 

### Hearing In the Matter ofPetition to Amend 20.11.2 NMAC, Fees, and Incorporate an Amended 20.11.2 NMAC into the New Mexico State Implementation Plan (SIP) for Air Quality (AQCB Petition No. 2010-3)



### Hearing In the Matter ofPetition to Amend 20.11.61 NMAC, 

### Prevention of SignificantDeterioration; 20.11.42 NMAC, 

### Operating Permits; and 20.11.1 NMAC, 

### GeneralProvisions. The Amendments to 20.11.42 NMAC are Proposed as a Revision to the Title V Operating Permit

Program, and the Amendments to 20.11.61 NMAC and 20.11.1 NMAC are Proposed as a Revision to the New Mexico State Implementation Plan for Air Quality (SIP) (AQCB Petition No. 2010-4)



### Regular Monthly Meeting Draft Agenda


### CALL TO ORDER
Item #1


### Item #2 Approval ofAgenda (Chair) Approval ofNovember 10, 2010 Meeting Minutes (Chair)


### PUBLIC COMMENT
ACTION ITEMS
Item #3



### Item#4 Decision in the Matter ofPetition to Amend 20.11.2 NMAC, Fees, and Incorporate an Amended 20.11.2 NMAC into the New Mexico State Implementation Plan (SIP) for Air Quality (AQCB Petition No. 2010-3) Resolution No. 2010-9
Decision in the Matter ofPetition to Amend 20.11.61 NMAC, 

### Prevention of SignificantDeterioration; 20.11.42 NMAC, 

### Operating Permits; and 20.11.1 NMAC, 

### General Provisions. The Amendments to 20.11.42 NMAC are Proposed

## Item #5 as a Revision to the Title V Operating Pennit Program, and the Amendments to 20.11.61 NMAC and 20.11.1 NMAC are Proposed as a Revision to the New Mexico State Implementation Plan for Air Quality (SIP) (AQCB Petition No. 2010-4) Resolution 2010-10
Petition to Amend 20.11.4 NMAC, General Conformity, and Incorporate an Amended 20.11.4 NMAC into the New Mexico State Implementation Plan for Air Quality (SIP) (AQCB Petition No. 2010-5)- Neal Butt, EH Scientist, AQD
REPORTS Division Report and monthly Air Quality website update. Staffavailable for questions.
OTHER BUSINESS
ADJOURNMENT
NEXT SCHEDULED BOARD MEETING: January 12, 2011 5:30 p.m.

Members ofthe public who wish to address the Board, may do so by signing up with the Board Clerk and indicating either the agenda item they intend to address, or whether they wish to make a general public comment. Sign up must occur prior to the Board's consideration ofeach item. Each person 

### will be given up to two minutes to speak.

....No/ice topersons with disabilities: If you have a disability andrequire specialassistance toparticipate in this process. please call 311 (Voice) andspecial assistance will be made available to you to receive anypublic meeting documents, including agendas andminutes. TTYusers may requestspecialassistance by calling 1-800-659- 8331

.••1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 StaffProposed Floor Amendments 

## l

__ _ Jtit

_ £o_ntain_**aJ'_~i~ c~~~tio_n** **J'~olli_bit~ng ~I!1i§sj~n§** **9'_c~e_d~ng~y_aJl~~~~~ _~t** **t!t~** 

### --**~id rain-so~rce**  la.;fully holds under Titlc IV ofthe federal act or the regulations promulgated thereunder; no permit modification under this regulation shall be required for increases in emissions that are authorized by aJlowances acquired pursuant to the acid rain program, provided that such increases do not require a permit modification under any other applicable requirement; no limit shaJl be placed on the number ofallowances held by the acid rain source; the permittee may not use allowances as a defense to noncompliance with any other applicable requirement; any such allowance shall be aceounted for according to the procedures established in regulations promulgated under Title IV ofthe federal act. (2) Permit duration. The department shall issue operating permits for a fixed term not to exceed five years. (3) Monitoring. (a) Each permit shall contain aJl emissions monitoring requirements, and analysis procedures or test methods, required to assure and verify compliance with the terms and condition<> ofthe permit and applicable requirements, including any procedures and methods promulgated by the administrator. (b) Where the applieable requircment does not require periodic testing or instrumental or non· in<>tnJmentai monitoring (which may eonsist ofrecord keeping designed to serve as monitoring), the permit shall require periodic monitoring sufficient to yield reliable data from the relevant time period that are representative of the source's complianee with the permit, as reported pursuant to Paragraph (5), ofSubsection C of20.I1.42.12 NMAC. Such monitoring requirements shall assure use ofterms, test methods, units, averaging periods, and other statistical eonventions consistent with the applicable requirement. (c) The permit shall also contain specific requirements concerning the use, maintenance, and, when appropriate, installation ofmonitoring equipment or methods. (4) Record keeping. (a) The permit shall require record keeping sufficient to assure and verify compliance with the terms and conditions ofthe permit, including: (i) the date, place as defined in the pennit, and time ofsampling or measurements; (ii) the date(s) analyses were performed; (iii) the company or entity that performed the analyses; (iv) the analytical techniques or methods used; (v) the results ofsuch analyses; and (vi) the operating conditions existing at the time ofsampling or measurement. (b) Records ofall monitoring data and support information shall be retained for a period ofat least five years from the date ofthe monitoring sample, measurement, report, or application. Supporting information includes all calibration and maintenanee records and all original strip-chart recordings for continuous monitoring in<>trumentation, and copies ofall reports required by the permit (5) Reporting. The permit shall require reporting suffieient to assure and verify compliance with the terms and conditions ofthe permit and all applicable requirements, including: (a) submittal ofreports ofany required monitoring at least every six months; the reports shall be due to the department within 45 days ofthe end ofthe permittee's reporting period; all instances ofdeviations from permit requirements, including emergencies, must be clearly identified in such reports; all required reports must be certified by a responsible official consistentwith Paragraph (5), ofSubsection A of20.11.42.12 NMAC; (b) prompt reporting ofall deviations (including emergencies) from permit requirements, including the date, time, duration and probable eause ofsueh deviations, the quantity and pollutant type ofexcess emissions resulting from the deviation, and any corrective actions or preventive measures taken; such reports shall include telephone, verbal. e-mail or facsimile communication within 24 hours ofthe start ofthe next business day and written notification within 10 days; (c) submittal ofcomplianee eertification reports at least every 12 months (or mOre frequently if
so specified by an applicable requirement) certifying the source's compliance status with all permit terms and conditions and all applicable requirements relevant to the source, ineluding those related to emission limitations or workpractices; the reports shall be due to the department within 30 days ofthe end ofthe permittee's reporting period; such eompliance certification<> shall be submitted to the administrator as well as to the department and shall inelude: (i) the identifieation ofeach term or condition ofthe permit that is the basis ofthe certification; (ii) the compliance status ofthe source; (iii) whether compliance was continuous or intermittent; 

### comment: Page 11 ofPRD for 20.ll.42NMAC



### EXHIBIT



# r

### UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 1445 ROSS AVENUE, SUITE 1200 DALLASTX75202-2733 

# NOV 19 

# 2010
Ms. Janice Wright Albuquerque Environmental Health Department P.O. Box 1293 Albuquerque, NM 87103
RE: EPA Comments on Proposed Tailoring Rule Amendments to NMAC 20.11.1, 20.11.42, and 20.11.61
Dear Ms. Wright:
Thankyou for providing us the opportunity to review and comment on the proposed revisions specific to the City ofAlbuquerque in the New Mexico title V and Prevention ofSignificant Deterioration (PSD) programs at New Mexico Air Code, Title 20, Chapter II, Parts I, 42, and 61, and the associated revisions for the City ofAlbuquerque in the New Mexico Stale Implementation Plan (SIP) and title V program as they pertain to GHGs only. The proposed rulemaking revises the New Mexico PSD and title V programs to establish the greenhouse gas-specific permitting thresholds consistent with EPA's final rule "Prevention ofSignificant Deterioration and Title V Greenhouse Gas Tailoring Rule" published on June 3, 2010 (see 75 FR 31514).
We are supportive ofthe proposed rule revisions as they relate to GHGs. We note that this comment letter does not address any other proposed revisions to the PSD and title V programs. We recommend the following revision to correct an internal cross-reference and strengthen the definition of "regulated new source review pollutant" at 20.11.61.7(WW); (I) Any pollutant for which a national ambient air quality standard has been promulgated and any pollutant identified under Paragraph (I) ofSubsection WW J.PI. 

### of20.11.61.7 NMAC as a constituent or precursor to such pollutant; precursors identified by the administrator for purposes ofnew source review are the following:
We encourage the Albuquerque Environmental Health Department (AEHD) to adopt these revisions as expeditiously as possible to implementthe GHG Tailoring Rule provisions in the City of Albuquerque. Additionally, thank you for quickly addressing our concerns about the specificity ofthe public notice documentation for this proposed rulemaking.
We appreciate the timely efforts by the AEHD to 

### update the PSD and title V programs and your willingness to consult EPA Region 6 throughout this process. We look forward to 

### future collaboration with AEHD on the implementation ofthe GHG Tailoring Rule. Ifyou have any questions about the GHG Tailoring Rule, or about EPA's review ofyour proposed rulemaking, please feel free to contact me at 214-665-6435 orcontact Ms. Adina Wiley ofmy staffat 214-665-2115.

# ~o~"",-. _


### JeffRobinson Chief Air Permits Section

Internet Address (URL) • http://www.epa.gov/region6 Recycled/Recyclable

_ Printed with Vegetable Oil Based Inks on 100% Recycled Paper, Process Chlorine FreeAQD Exhibit 9 EPA Proposed Floor Amendments 20.11.61 NMAC, PRD, Page 9

(a) shall consider all relevant information, including but not limitedto, historical operational data, the company's own representations, the company's expectedbusiness activity and. the company's highest projections ofbusiness activity, the company's filings with the state or federal regulatory authorities, and compliance plans under an approved SIP; and (b) shall include fugitive emissions to the extent quantifiable and emissions associated with startups, shutdowns, and malfunctions; and (c) shall exclude, in calculating any increase in emissions that results from the particular project, that portion ofthe unit's emissions following the project that an existing unit couldhave accommodated during the consecutive 24-monthperiod used to establish the baseline actual emissions under Subsection I of 20.11.61.7 NMAC and that are also unrelated to the particular project, including any increased utilization due to product demand growth; or (3) may elect to use the emissions unit's potential to emit in tons per year in lieu ofusing the method set out in Subparagraphs (a)-(c) ofParagraph (2) ofSubsection [OOjVV of20.11.61.7 NMAC. [¥¥.] WW. "Regulated new source review pollutant" means the following: (I) any pollutant for which a national ambient air quality standardhas been promulgated and any pollutant identifiedunder Paragraph (I) ofSubsection [JAl] WW of20.11.612 NMAC as a constituent orprecursor to suchpollutant; precursors identifiedby the administrator for purposes ofnew source review are the following: (a) volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and unclassifiable areas; (b) sulfur dioxide is a precursor to PM,.5 in all attainment and unclassifiable areas; (c) nitrogen oxides are presumed to be precursors to PM,s in all attainment and unclassifiable areas, unless the state demonstrates to the administrator's satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area's ambient PM 2.5 concentrations; (d) volatile organic compounds are presumed not to be precursors to PM,., in any attainment or unclassifiable area, unless the state demonstrates to the administrator's satisfaction orEPA demonstrates that emissions ofvolatile organic compounds from sources in a specific area are a significant contnbutor to that area's ambientPM2
.5 concentrations; (2) any pollutant that is subject to any standard promulgated under Section III ofthe act; (3) any class I or II substance subject to a standardpromulgated under or established by Title VI of the act; (4) any pollutant that otherwise is "subject to regulation" under the Act as defined in Subsection CCC of20.11.61.7 NMAC. [; eJlS8fJtthat 

### any af all ft8i5arElaus ai£ peUutants eiYier listeEl 

### in SeetisB 112 

### erme As! Sf added 1;a the list fH:H'SuaDt te SeeueB 112EB)(2) efthe Aet, whieh Ba-ve Bet aeeB delisteB plHWoaRt te**See~eB** 112EB)(3) efthe l'\:et, Me Bet regtilated Hew se1:lFse re',qew pe11Htaats ualess the listed ha.:i!;Mde1:lB airpellatant is £lIse regulated as a seBsaw.eBt er**p~s6W"Ser** efa gBBBfal pelkHant listed 'elDBSr**SS6~eB** lQ8 efthe Aet.] (5) [ltosowoa] Notwithstanding Paragraphs (J) through (4) ofSubsection WW of20.11.61.7 NMAC, the term "regulated NSRpollutant" shall not include any or all hazardous air pollutants either listed in Section 112 ofthe Act, or added to the list pursuant to Section 112(b)(2) ofthe Act, and which have notbeen delistedpursuant to Section 112(b)(3) ofthe Act, unless the listed hazardous air pollutant is also regulated as a constituent or precursor ofa general pollutant listed under Section 108 ofthe Act. {6/3/10 FR} (6) particulate matter (PM) emissions, PM,., emissions, and PM" emissions shall include gaseous emissions from a source or activity which condense to fonn particulate matter at ambient temperatures; on or after January I, 2011 (or any earlier date established in the upcoming rulemaking codifying test methods), such condensable particulate matter shall be accounted for in applicability detenninations and in establishing emissions limitations for PM, PM,.> and PM" in PSD pennits; compliance with emissions limitations for PM, PM,., and PM" issued prior to this date shall notbe based on condensable particulate matterunless required by the terms and conditions ofthe pennit or the applicable iroplementation plan; applicability determinations made prior to this date without accounting for condensable particulate matter shall notbe considered in violation of20.11.61 NMAC unless the applicable iroplementation plan required condensable particulate matter to be included. [ww,] XX. "Replacement unit" means an emissionunit for which all ofthe following criteria are met, No creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced. (I) The emissions unit is a reconstructed unit within the meaning of40 CFR 60.15(b)(l), or the emissions unit completely takes the place ofan existing emissions unit. (2) The emissions unit is identical to or functionally equivalent to the replaced emissions unit.AQD Exhibit 10 Additional StaffProposed Floor Amendments

(b) At an existing stationary Source that emits orhas the potential to emit 100,000 tpy CO,e, when such stationary source undertakes a physical change or change in the method ofoperation that will result in an emissions increase 0[75,000

## my CO,e or more. (6/3/10 FR} [BBB] DDD. "Temporary source" means a stationary source which changes its location or ceases to exist within two years from the date ofinitial start ofoperations.**[~I** EEE, "Visibility impairment" means any humanly perceptible change in visibility (visual range, contrast, coloration) from that which would have existedunder natural conditions. [J)I)D] FFF, "Volatile organic compound (VOC)" means any compound ofcarbon, excluding 

### carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammoniwn carbonate, which participates in atmospheric photochemical reactions; this includes any such organic compound otherthan those which the administrator designates as having negligible photochemical reactivity under 40 CFR 51.\00(s). [20.11.61.7 NMAC

- Rp, 20.11.61.7 NMAC, 1/23/06; A, 5/15/06; A, 8/30/10]
20.11.61.8 SAVINGS CLAUSE: Any amendment to 20.11.61 NMAC, Prevention of Significant Deterioration that is filed with the state records center and archives shall not affect actions pending for violation ofa city or county ordinance or board regulation. Prosecution for a violation under priorregulation wording shall be governed and prosecuted under the statute, ordinance, part or section in effect atthe time the violation was 

### committed. [20.11.61.8 NMAC

- Rp, 20.11.61.9 NMAC, 1(23/06] 20.11,61.9 SEVERABILITY: Ifany section, paragraph, sentence, ciause, or word of20.11.61 NMAC or any federal standards incorporated herein is for any reason held to be unconstitutional or otherwise invalid by any court, the decision shall not affect the validity ofremaining provisions of20.11.61 NMAC. [20.11.61.9 NMAC

- Rp, 20.11.61.10 NMAC, 1/23/06]
20.11.61.10 DOCUMENTS: Documents incorporated and cited in 20.11.61 NMAC may be viewed at the Albuquerque environmental health department, One Civic PlazaNW, 3rd Floor, Room 3023, Albuquerque, NM 87102. [20.11.61.10 NMAC

- Rp, 20.11.61.11 NMAC, 1/23/06]
20.11.61.11 APPLICABILITY: A. The requirements of20.11.61 NMAC apply to the construction ofany new major stationary 

### source or any project at an existing major stationary source in an area designated as attainment orunc1assifiable. B. The requirements ofSections 20.11.61.12 NMAC through 20.11.61.18 NMAC, 20.11.61.21 NMAC and 20.11.61.24 NMAC apply to the construction ofany new major stationary source or the major modification ofany existing major stationary source, except as 20.11.61 NMAC otherwise provides. C. No new major stationary source ormajor modification to which the requirements ofSubsections A, B, C and D of20.11.61.12 NMAC, Sections 20.11.61.13 NMAC through 20.11.61.\8 NMAC, 20.11.61.21 NMAC and 20.11.61.24 NMAC apply shall begin actual construction without a permit that states that the major stationary source ormajor modification will meetthose requirements. D. Applicability procedures. (I) Except as otherwise provided in [SlI1lso.ti

...s E

...EI f] Subsection E of20.11.61.11 NMAC, and consistent 

### with the definition ofmajor modification, a project is amajor modification for a regulated new source review pollutant ifit causes a significant emissions increase and a significant net emissions increase. The project is not a major modification ifit does not cause a significant emissions increase. lfthe project causes a significant emissions increase, then the project is a major modification only ifit also results in a significant net emissions increase. (2) The procedure for calculating (before beginning actual construction) whether a significant emissions increase (i.e., the fIrst step ofthe process) will occur depends upon the type ofemissions units being modified, according to Paragraphs (3) through (4) ofSubsectionD of20.1 1.61.1 I NMAC. The procedure for calculating (before beginning actual construction) whether a significantnet emissions increase will occur at the major stationary source (i.e., the second step ofthe process) is contained in the definition in Subsection [()()] PP of 20.11.61.7 NMAC. Regardless ofany such preconstruction projections, a major modification results ifthe project causes a significant emissions increase and a significant net emissions increase. (3) Actual-to-projected-actual applicability test for projects that only involve exlsting emissions units. A significant emissions increase ofa regulated new source review pollutant is projected to occurifthe sum of

## AQD Exhibit # 11 - Technical Support Document for Greenhouse Gas Emissions Thresholds Evaluation, EPA, July 7, 2009

# Technical Support Document f or Greenhouse Gas Emissions Thresholds

Evaluation

Air Quality

Policy Division Office of Air Quality

Policy and Standards U.S. Environmental Protection Agency

July 7, 2009

### i Table of Contents Page 1. Purpose
...................................................................................................................................... 1 2. Overview
................................................................................................................................... 1 3. Emissions-based Threshold Analysis
..................................................................................... 2 3.1 General Description of Overall Approach

........................................................................... 2
3.1.1 Threshold Levels

........................................................................................................... 2 3.1.2 Greenhouse Gases

......................................................................................................... 3 3.1.3 Source Sectors

............................................................................................................... 4 3.1.4 Potential to Emit Methodology

..................................................................................... 5 3.1.5 New and Modified Sources

........................................................................................... 5 3.2 Threshold Summary

Results

................................................................................................ 6 3.3 Electricity

Generating Sector

............................................................................................... 9 3.4 Industrial Sector

................................................................................................................. 11
3.4.1 Data Sources

............................................................................................................... 14 3.4.2 Potential to Emit

......................................................................................................... 14 3.4.3 Methodology for New Units

....................................................................................... 14
3.5 Methodology

for Existing Unspecified Industrial Stationary Combustion Source Category

Emissions

.............................................................................................. 15 3.6 Methodology

for Existing Specific Industrial Sectors Considering Combustion, Process and Fugitive Emissions

........................................................................................ 16 3.6.1 Adipic Acid Production

.............................................................................................. 17 3.6.2 Aluminum Production

................................................................................................. 19 3.6.3 Ammonia Production.................................................................................................. 21 3.6.4 Cement Production................................

...................................................................... 22 3.6.5 Electronic Production.................................................................................................. 24 3.6.6 Ethanol Production................................

...................................................................... 25 3.6.7 Ferroalloy Production

................................................................................................. 27 3.6.8 Food Processing.......................................................................................................... 29 3.6.9 Glass Manufacturing

................................................................................................... 30 3.6.10 HCFC

-22 Production

................................................................................................ 31 3.6.11 Hydrogen Production

................................................................................................ 33 3.6.12 Iron and Steel Production.......................................................................................... 34 3.6.13 Lead Production

........................................................................................................ 37 3.6.14 Lime

.......................................................................................................................... 38 3.6.15 Magnesium Production and Processing.................................................................... 39 3.6.16 Nitric Acid Production

.............................................................................................. 41

### ii Table of Contents (cont.) Page
3.6.17 Petrochemical Production ......................................................................................... 42 3.6.18 Petroleum Refineries................................................................................................. 44 3.6.19 Phosphoric Acid Production

..................................................................................... 46 3.6.20 Pulp and Paper Manufacturing

.................................................................................. 47 3.6.21 Silicon Carbide Manufacturing................................................................................. 48 3.6.22 Soda Ash Production................................

................................................................. 50 3.6.23 Titanium Dioxide Production

................................................................................... 51 3.6.24 Zinc Production

......................................................................................................... 52 3.7 Energy

Sector

..................................................................................................................... 53 3.7.1 Oil and Gas Systems

................................................................................................... 53 3.7.2 Underground Coal Mining

.......................................................................................... 54
3.8 Waste Sector ...................................................................................................................... 57
3.8.1 Landfills

...................................................................................................................... 57 3.8.2 Municipal Solid Waste Combustors

........................................................................... 58 3.9 Agriculture (Stationary Fuel Combustion)

........................................................................ 59 3.10 Commercial Stationary Fuel Combustion

........................................................................ 61 3.11 Residential Buildings

....................................................................................................... 64 3.11.1 Single

-Family

Homes

............................................................................................... 65 3.11.2 Multi-Family

Residential Buildings ......................................................................... 66
References
.................................................................................................................................... 71 Appendix A
.................................................................................................................................. 76 Appendix B
.................................................................................................................................. 77

### 1

Technical Support Document for Greenhouse Gas Emissions Thresholds Evaluation

1. Purpose The purpose of this document is to provide the background information that was used to support EPA's decision process in evaluating and selecting proposed greenhouse gas (GHG) major source applicability thresholds for the Prevention of Significant Deterioration (PSD) and Title V permitting programs as part of its proposed rule “Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule” (GHG Tailoring Rule). The document describes the methodologyused to estimate the number of existing and new facilities (e.g., industrial plant or commercial building) that would exceed different GHG emission threshold levels. The document also summarizes the results of this analysis for each sector. The results of this analysis served as one of the bases for evaluating administrative burdens at both existing permitting thresholds under the Clean Air Act (CAA) and for evaluating and selecting proposed alternative permitting thresholds to address administrative necessity concerns
. 2. Overview
In order to support EPA's assessment of the administrative burden created by adding GHGs to existing PSD and Title V permitting programs, it was necessary to develop information on the number of affected facilities at both the current CAA permitting major source thresholds (generally, 100 tons per year for Title V and 100 or 250 tons per year for PSD depending on the source category

classification) and at alternative higher thresholds. An affected facility would be one who's annual emissions of the GHG equal or exceed the major source threshold being evaluated. Eight threshold levels ranging from 100 to 100,000 tons per year of GHG emissions were evaluated. Some of the alternative thresholds evaluated are the same as ones (e.g., 25,000 tons per year CO2

### -equivalents) considered in previous studies and in support of EPA's proposed GHG Mandatory

Reporting Rule (GHG MRR, 74 FR 68, Pages 16447 – 16731)

. One key difference between the emissions data developed for this analysis and the emissions data developed to support the proposed GHG MRR is that this analysis is based on a facility's "potential to emit" (PTE) while the proposed GHG reporting rule is based on "actual" emissions (i.e., the emissions a facility actually emits in a given year)

. PTE is defined as the maximum capacity of a stationary source to emit a pollutant under its physical and operational design, including certain legal limitations, for example, on emissions or hours of operation. PSD and Title V programs both use PTE for defining major sources. The end result is generally that more facilities will exceed a given threshold on a PTE basis than on an actual basis. This is an important differentiation in terms of both evaluating the thresholds under this proposed rule and when comparing the results to other threshold analysis, such as the supporting data for the EPA's proposed GHG MRR

. Although the primary

focus of this analysis was on the potential administrative burden associated with different GHG permitting emission levels as represented in terms of number of facilities potentially

subject to permitting, information on GHG emissions from affected facilities

### 2

was also collected to assess the relative coverage of national stationary source GHG emissions at the different threshold levels. While the environmental impact associated with the different GHG permitting levels was not used as the basis for the proposed temporary GHG thresholds in the proposed GHG Tailoring R ule, the information on national emissions coverage provides a useful measure to consider the potential scope of the proposed alternative thresholds, their coverage of key

GHG emission source categories, and whether they promote the environmental purposes of the PSD and Title V programs.
3. Emissions-based Threshold Analysis
3.1 General Description of Overall Approach This section presents a general description of the overall approach EPA used to evaluate a range of permitting thresholds in terms of the number of sources affected, and amount of emissions covered.
EPA made use of earlier analyses performed to develop emission thresholds for the proposed GHG MRR, or used the same data sources when additional analyses were required. EPA did not conduct primary research for this analysis, but instead relied on published research and publicly

available government data, such as EPA's eGRID database of electric generating source emissions, Economic and Housing Census data, and Energy Information Agency

(EIA) data on energy

consumption.
3.1.1 Threshold Levels
EPA evaluated eight different potential to emit thresholds:
GHG Thresholds (tons per year)
100 250 1,000 5,000 10,000 25,000 50,000 100,000
The first two thresholds (100 and 250 tons per year) are the current Clean Air Act major source criteria pollutant thresholds for the federal operating permit program under Title V, and the PSD construction permit program under Title I. The six additional thresholds cover the range of thresholds evaluated for the proposed GHG MRR, and add two additional thresholds at 5,000 and 50,000 tons per year. Like the Clean Air Act, the permit thresholds are based on U.S. short tons (tons) instead of metric tons (mtons).

### 3

There is a three-orders-of-magnitude range in the thresholds which reflects the much higher quantity

of GHG emissions compared to criteria pollutant emissions from the primary source of GHG emissions, fossil fuel combustion. For example, an uncontrolled natural gas

fired boiler that emits 100 tons of NOx 

### annually would at the same time emit about 100,000 tons of CO2

### .The threshold analysis of source counts and emissions was done on a "potential to emit" basis, because that is the basis that is relevant for the permit rule

. Potential emissions (in short tons) from each source were evaluated against the threshold levels in order to determine whether or not a source would be included in the threshold count. When a source was identified as being covered by a given threshold level, the actual emissions from that source were included to determine the emissions covered by the threshold. In other words, where summary tables present

"Tg GHG Emissions Covered per Year" these are the actual emissions that would be covered by the threshold level, given the source count arrived at considering potential to emit emission levels.
3.1.2 Greenhouse Gases EPA evaluated emissions of the major GHGs that are directly emitted by human activities at the eight threshold levels. The GHGs evaluated are shown below in Table 1. For purposes of this analysis emissions were evaluated on both an individual GHG mass basis and CO2

### - equivalent basis (CO2

### e). CO2

### e normalizes the diff erent heat trapping capacities of the different GHGs to that of CO2

### . A quantity of a GHG is converted to a CO2

### e basis by multiplying the mass of the compound emitted by its Global Warming Potential (GWP). The GWP is a metric that incorporates both the heat

-trapping ability and atmospheric lifetime of each GHG relative to CO2

### .

### 4 Table 1 Major GHGs Directly Emitted by Human Activities

Greenhouse Gas Chemical Formula or Acronym Global Warming

Potential (GWP)* Carbon dioxide CO2 

### 1 Methane CH4 

### 21 Nitrous oxide N2

### O 310 Perfluorocarbons PFCs Varies by compound Hydrofluorocarbons HFCs Varies by compound Sulfur hexafluoride SF6 

### 23,900

* EPA has chosen to use GWPs published in the Intergovernmental Panel on Climate Change (IPCC) Second Assessment Report (SAR) published in 1996. For those fluorinated compounds that are not listed in the SAR, EPA is using the most recent available GWPs, either the IPCC Third Assessment Report (2001) or Fourth Assessment Report (2007)

. For more specific information about the GWP of specific GHGs, please see Table A

-1 in the proposed GHG MRR.



### Sector descriptions contained in this document include a discussion ofGHGs evaluated for each sector. If the analysis included more than one GHG, the description includes gas

specific counts as well as a CO2

### e count. The threshold analyses for stationary fossil fuel combustion were simplified by excluding CH4 

### and N2

### O emissions, because CO2 

### comprises over 99 percent of GHG emissions from fossil fuel combustion

. 3.1.3 Source Sectors
In this analysis EPA evaluated the same range of stationary source types with direct GHG emissions as identified in the proposed GHG MRR

. The proposed GHG MRR source categories were based on a comprehensive review of all U.S. source categories with GHG emissions, to include the categories that emit the most significant amount of GHG emissions. The stationary sources evaluated in this analysis can be grouped in the sectors shown below:

● Electricity Generation (facilities with fossil fuel

-fired electric generating units); ● Industry

(range of industries with process and combustion GHG emissions); ● Energy

(oil and gas extraction, transport, and processing; underground coal mining); ● Waste Treatment (landfills and municipal solid waste incinerators); ● Agriculture (stationary fuel combustion); ● Commercial (stationary fuel combustion); and ● Residential (stationary fuel combustion)

. A number of direct emission source types included in the proposed reporting rule analysis were not included in the potential to emit analysis because the GHG emissions from these

### 5

sources were primarily

fugitive emissions. Fugitive emissions are emissions which are not released, or could not be reasonably released, through a stack or vent.Under the PSD rules, fugitive emissions are only included in potential to emit estimates if the source is one of 28 listed PSD source categories. Excluded fugitive emissions sources are listed below:

● Electrical equipment SF6 

### emissions;

● Wastewater treatment plants not associated with one of 28 listed PSD source categories (combustion is captured in the commercial sector analysis); and

● Agricultural manure management

. 3.1.4 Potential to Emit Methodology As noted earlier, the potential to emit (PTE) is the amount of emissions that can be emitted from a source operating at full capacity. The annual PTE is based on operation at full equipment capacity, 24 hours per day, 365 days per year (8,760 hours per year). For example, if a boiler has a maximum rated heat input capacity of ten million Btu per hour, the annual PTE for that boiler is the amount of emissions from burning 87,600 million Btu of fuel:
10 mmBtu/hr x 8,760 hrs/yr = 87,600 mmBtu/yr Capacity information and annual GHG emissions were available for some of the source categories from analyses performed to support the proposed GHG MRR. In some cases the supporting analyses had already calculated GHG emissions on a full capacity basis, in which case EPA directly

used those estimates as PTE estimates. Alternatively, some data from the supporting analysis estimated actual annual emissions using a baseline year. If capacity and baseline year production information was provided in the suppor ting data, EPA adjusted the source actual emissions estimate by the ratio of annual capacity to baseline production to estimate PTE. If capacity information was not available, EPA used capacity factors from other data sources to adjust actual emission estimates to PTE estimates. These capacity factors add varying uncertainty

to the PTE estimate. Detailed descriptions of the different PTE calculation methodologies are included in the source descriptions in the following section. Removal by

pollution control equipment was considered in the PTE estimates, though control equipment removal was relevant in only a few cases (thermal oxidation of HPCs and CH4

### ). Also, as noted earlier, fugitive emissions, were only included in the PTE estimates if the source was one of the 28 listed PSD source categories. For example, fugitive CH4

### emissions from oil and gas processing plants were not included in CH4 

### or CO2

### e emissions when comparing to the different thresholds, but were included for iron and steel plants.
3.1.5 New and Modified Sources The source population data from the analyses supporting the proposed reporting rule analyses, and other data sources provide information on existing sources and their emissions.

### 6

The PSD and NSR program construction permit requirements, however, apply to new or modified sources. The general approach for new sources was to apply growth rates in the number of units or facilities in a source category to the number of existing facilities at the different thresholds. Growth rates were available from a variety of sources including Economic Census data, EIA energy survey data, and various EPA regulatory impact analyses and information collection requests which require source population estimates. Insome cases there was sufficient information to distribute new sources to different thresholds based on emission information specific to the new sources (electric generating, municipal solid waste combustors, and commercial stationary fuel combustion). Otherwise EPA assumed the same size and threshold distribution for new units as for existing units. For example, if the annual growth rate in a category was one percent, the number of existing facilities above a threshold was multiplied by the fractional growth rate to estimate the number of new facilities at that threshold per year. EPA did not develop a method for estimating the number of modifications of existing sources for the permit threshold analysis.
3.2 Threshold Summary Results The resulting counts of affected stationary source facilities and the amount of actual GHG emissions covered at different PTE thresholds for all sectors are shown in the tables below

. GHG emissions covered at each threshold are in Tg, which is equivalent to million metric tons

. SIunits were used for the covered emissions to be consistentwith the U.S. GHG Inventory and the proposed GHG MRR. The complete data for the sectors and subsectors are provided in supporting spreadsheets that accompany this report. These spreadsheets are identified in Appendices A and B.

### 7 Table 2 CO2

### e Threshold Summary

-- All Stationary Source Sectors

GHG Threshold (tons per year) Number of

Existing Sources Number ofNew

Facilities Added per Year CO2

### e Emissions Covered (Tg per year) 100 6,102,893 67,404 3,865 250 1,058,296 19,731 3,782 1,000 278,340 4,330 3,708 5,000 52,888 532 3,602 10,000 26,898 289 3,545 25,000 13,661 128 3,464 50,000 7,245 77 3,310 100,000 4,850 66 3,240



### Table 3 CO2 

### Threshold Summary

-- All Stationary Source Sectors

GHG Threshold (tons per year) Number of

Existing Sources Number of New

Facilities Added per Year CO2 

### Emissions Covered (Tg per year) 100 6,098,502 67,404 3,649 250 1,053,891 19,731 3,566 1,000 274,004 4,330 3,498 5,000 49,061 532 3,393 10,000 23,393 289 3,338 25,000 10,734 127 3,264 50,000 5,374 77 3,134 100,000 3,750 66 3,088

### 8 Table 4 CH4 

### Threshold Summary

-- All Stationary Source Sectors

GHG Threshold (tons per year) Number of

Existing Sources Number of New

Facilities Added per Year CH4 

### Emissions Covered (Tg per year) 100 4,201 0 7.807 250 3,851 0 7.759 1,000 2,887 0 7.321 5,000 1,042 0 4.740 10,000 466 0 3.697 25,000 138 0 2.234 50,000 34 0 1.185 100,000 3 0 0.211



### Table 5 N2

### O Threshold Summary

-- All Stationary Source Sectors

GHG Threshold (tons per year) Number of

Existing Sources Number ofNew

Facilities Added per Year N2

### O Emissions Covered (Tg per year) 100 47 0 0.074 250 46 0 0.074 1,000 31 0 0.068 5,000 5 0 0.022 10,000 0 0 0 25,000 0 0 0 50,000 0 0 0 100,000 0 0 0

### 9 Table 6 High GWP Gases Threshold Summary

-- All Stationary Source Sectors

GHG GHG

Threshold* (tons per year) Number of

Existing Sources Number of New

Facilities Added per Year GHG Emissions

Covered (Tg per year) HFC 100 3 0 0.001 HFC 250 3 0 0.001 HFC 1,000 1 0 0.001 HFC 5,000 and above 0 0 0 PFC 100 and above 0 0 0 SF6 

### 100 and above 0 0 0 * Where a threshold is not listed for a particular GHG, threshold counts for that threshold and any higher thresholds can be assumed to be zero.



### 3.3 Electricity Generating Sector
Data Sources
The latest version of EPA's eGRID database (2006) was used to estimate the PTE of electricity generating facilities and counts of units above the different emission thresholds. The eGRID database includes year 2004 characteristics, operating information, and annual emissions (including CO2

### ) for U.S. facilities that have a generation capacity greater than one MW, and sell electric power to the grid. A facility's PTE was estimated based on the eGRID generator table. The generator table, which is based on the 2004 EIA form 860 database, provides prime mover, generator nameplate capacity, and primary

energy source (fuel ty

pe) for each generator down to 0.1 MW. To calculate PTE, we combined the nameplate capacity and primary

fuel for each ofthe fossil

-fired units with average fuel based prime mover heat rates (Btu/kWh) published by EIA (EIA, 2007).

### 10 Table 7 EGU Prime Mover Heat Rates (EIA Electric Power Annual, Table A7, 2007)

Prime Mover Fuel Average Heat Rate (Btu/kWh)

Steam turbine Coal 10,114 Gas 10,466 Oil 10,400 Simple combustion turbine Gas 11,459 Oil 13,216
Com bined cycle combustion turbine Gas 7,445 Oil 11,015
Internal combustion engine Gas 9,923 Oil 10,149



### The eGRID database includes cogeneration plants and generating units at industrial plants that primarily

supply electric power and steam to a host facility. We eliminated these units from the electric generation facility population based onNorth American Industry Classification System (NAICS) code, so that the only facilities included were facilities with a NAICS code beginning with 22 (Utilities). The generator

-nameplate

-heat

-rate approach potentiallyunderestimates PTE for cogeneration plants, where a portion of the burner heat input provides useful ther mal energy

in addition to electric output. This potential to underestimate PTE affects 321 of 2,237 or 14 percent offacilities evaluated. Methodology for Existing Facilities Fuel combustion was the only source of GHG emissions considered for the electricity generation sector. From the eGRID and EIA information EPA calculated a maximum annual fuel heat input based on 8,760 hours of operation for the combustors associated with the generator.This calculated maximum annual heat input was used with fuel combustion emission factors from the proposed reporting rule for the primary fuel, to calculate the facility PTE. The calculations covered 10,487 fossil fuel-fired generators with nameplate capacities down to 0.1 MW or 100,000 kW.
EPA also did not evaluate fugitive CH4 

### emissions from facility coal piles. Fossil fuel

fired steam electric plants with heat input greater than 250 mmBtu/hr heat input are one of the 28 listed PSD source categories that include fugitive emissions when calculating PTE. However, the CO2 

### PTE from combustion alone for this size facility is about 225,000 tons per year. This is

### 11

well over all ofthe emission thresholds considered in this analysis without consideration ofthe contribution offugitive CH4

### . New Units
The eGRID generator table includes an online year field. To determine the number of new units per year at different thresholds EPA counted generators online each year and totaled the emissions associated with those generators at the facility level over the 15

-year period from 1990 through 2004. Counts were made of the number of these facilities over the different PTE thresholds, and averaged over the 15 years to arrive at the number of new or modified facilities per year. Threshold Summary
The table below shows the facilities and emissions covered at the different emission thresholds based on the described methodology. There were a total of 2,237 facilities in the electric generation population, so all facilities and all emissions are covered up to the 5,000 ton PTE threshold. Almost all emissions (99.9 percent), and about 75 percent of facilities are covered at the highest 100,000 ton PTE threshold.

Table 8 CO2 

### Threshold Summary Results

-- Electricity Generating Sector

GHG Threshold (tons per year) Number of

Existing Sources Number ofNew

Facilities Added per Year CO2

### Emissions Covered (Tg per year) 100 2,237 93 2,373 250 2,237 93 2,373 1,000 2,237 93 2,373 5,000 2,237 91 2,373 10,000 2,195 86 2,373 25,000 2,076 73 2,373 50,000 1,911 64 2,373 100,000 1,721 60 2,371



### 3.4 Industrial Sector The industrial sector comprises establishments engaged in the mechanical, physical, or chemical transformation of materials, substances, or components into new products, and specifically includes businesses classified in Sectors 31

– 33 according to the North American

### 12

Industry Classification System (NAICS)

. Industrial source greenhouse gases result from manufacturing processes as well as combustion processes. Because there is a great deal of variability

within the sector, this technical support document includes industry-specific discussions after a general sector overview. For the industrial sector, EPA considered the six individual greenhouse gases separately, and also prepared an analysis considering CO2

### e. In preparation of the GHG MRR, EPA identified 23 industrial sectors where the GHG emissions were significant; these sectors are listed in Table 9.

### 13 Table 9 Industrial Sectors and GHG Emissions

NAICS Code Industrial Sector CO2 

### CH4 

### N2

### O SF6 

### HFC PFC 325199 Adipic Acid Production X X 331312 Aluminum Production X X 325311 Ammonia Production X 327310 Cement Production X 334 Electronics Manufacturing X X X X
325193 Ethanol Production X 331112 Ferroalloy Production X X 3116 Food Processing X 327 Glass Production X 325120 HCFC

-22 Production X X Hydrogen Production X 331111 Iron and Steel Production X X 3314 Lead Production X 327410 Lime Manufacturing X 3314 Magnesium Production X X 325311 Nitric Acid Production X X 3251 Petrochemical Production X X 324110 Petroleum Refineries X X 325312 Phosphoric Acid Production X 3221 Pulp and Paper Manufacturing X 327910 Silicon Carbide Production X X 325181 Soda Ash Manufacturing X 325188 Titanium Dioxide Production X 3314 Zinc Production X



### In addition, there are a large number of industrial establishments across all industrial sectors that emit less significant amounts of GHGs (primarily CO2

### ) from stationary source fuel combustion. Combustion emissions from these establishments were analyzed under the Unspecified Industrial Stationary Combustion source category

.

### 14

3.4.1 Data Sources
There were several primary data sources used in preparation of the permit threshold analysis. EPA consulted analyses prepared in support of the GHG MRR for the 23 industrial sectors for which combustion, process and fugitive emissions were significant. These documents can be found in the docket numbered EPA

-HQ

-OAR-2008-0508. The TSDs contain industry

specific analyses of process, fugitive, and combustion emissions for industries. Supporting analyses used to prepare the TSDs are found in entries 0046.7 and 0046.8 of the GHG MRR docket. These emissions estimate details were helpful in breaking down TSD emission estimates to compare facility

-specific emissions against the additional threshold levels considered in the permit threshold analysis, including 100, 250, 5,000, and 50,000 tons per year.
Combustion emissions analyses for the Unspecified Industrial Stationary Combustion sectors used data from the 2002 Manufacturing Energy Combustion Survey

(MECS) and the U.S. Census Bureau's 2002 Economic Census

. MECS is a survey of manufacturing and industrial energy

uses and costs prepared by the EIA (EIA, 2007)

. Data is collected by manufacturing establishment through mailed questionnaires. The 2002 MECS data reflects responses accounting for approximately 98 percent of the manufacturing payroll, and reports separate energy

use estimates for 48 NAICS industrial sector groups. The MECS provided information on the amount of fuel burned in 2002 by sector on an employ

ment basis. The 2002 Economic Census data provided information on the number ofestablishments sorted by three

digit NAICS code and disaggregated into specific size categories based on employ ment (U.S. Census, 2004).
3.4.2 Potential to Emit As mentioned earlier in this document, permit threshold analyses considered both actual emissions and PTE. When capacity inf ormation was not available, the analyses applied utilization rates from the Industrial Production and Capacity Utilization, Federal Reserve Statistical Release G

-17 in order to adjust actual emissions to determine PTE emissions. These utilization rates are prepared quarterly with annual revisions, and are published on the web (http://www.federalreserve.gov/releases/g17).The main data source for the industrial production and capacity utilization rates is the U.S. Census Bureau's Census of Manufactures. Data introduced from other Census Bureau publications include the Census of Services and the Services Annual Survey

(for publishing) and selected Current Industrial Reports. Additional government source data include new annual data on minerals from the U.S. Geological Survey (USGS) and updated deflators from the Bureau of Economic Analysis (BEA)

. In addition, the annual revisions include monthly production estimates that reflect updated seasonal f actors and the inclusion of monthly

source data that became available (or were revised) after the closing of the regular four

-month reporting window.
3.4.3 Methodology for New Units To determine the number of new units per year, EPA compared the number of establishments by

three

-digit NAICS code in 1998 to the number of establishments by three

-digit NAICS code in 2002, and determined an average annual growth rate for each three

-digit NAICS

### 15

code. The growth rates were applied to each threshold count to determine the number ofannual new establishments per industry per threshold. If the growth rate was determined to be negative, EPA assumed that no new establishments would be added; however, establishments were not reduced to reflect negative growth rates. EPA also supplemented these growth rates with agency estimates of expected new sources from various information collection requests (ICR) and regulatory

impact analyses (RIA) efforts.
3.5 Methodology for Existing Unspecified Industrial Stationary Combustion Source Category Emissions In order to determine establishment counts and emissions totals for the unspecified industrial stationary

combustion sources, EPA used 2002 Economic Census data showing manufacturing employ

ment by NAICS code and Manufacturing Energy Consumption Survey (MECS) data published by EIA. Calculating greenhouse gas emissions required determining energy consumption per employee by industry and applying emission factors specific to the consumption profile derived from MECS data.
The Economic Census data (2002) provide a count of establishments by employ ment category, where employment category is defined by

number of employees (e.g., 1– 4, 5 – 9,...,500 – 999,...,more than 2,500). The MECS energy consumption data provide energy consumption by industry. Both the employ ment data and the energy consumption data are organized according to the NAICS codes. As part of this analysis, EPA calculated industry

-specific GHG emission factors. The factors were calculated by considering actual fuel consumption in 2002, as determined by EIA. Actual fuel consumed was multiplied by fuel

-specific GHG emission factors to determine GHG emissions by

fuel type by industry

. To simplify the analysis, EPA only

included CO2 

### emissions and ignored CH4 

### andN2

### O in the CO2

### e calculations. CO2 

### makes up between 99.7 to 99.3 percent of estimated CO2

### e emissions. Emissions for each fuel ty pe were combined to determine total emissions for a sector. Total emissions per sector were divided by total energy

consumption per sector to determine a factor to calculate GHG emissions per mmBtu of energy consumption specific to the industrial sector.
The GHG emission factors were then multiplied by the energy

consumption per employee in order to determine emissions per employee. Multiplying the result by the average number employees per establishment, EPA determined total GHG emissions per establishment. The total emissions numbers were used to determine number of establishments and volume of emissions that would be caught by each of the permit thresholds under consideration. As discussed previously, a separate threshold analysis was conducted for 23 industrial sectors determined to have significant GHG emissions in the GHG MRR analysis. In order to quantify the unspecif

ied industrial stationary

combustion source emissions, the combustion emissions and establishment counts from 19 ofthese sectors were subtracted from the total industrial MECS analysis. For the remaining four industries, HCFC-22 production, hydrogen prod uction, magnesium production, and nitric acid production, EPA could not readily isolate combustion emissions. For these industries, their establishment counts were subtracted from the

### 16

unspecified industrial source threshold counts based on process emission threshold evaluations, assuming that any facility exceeding a threshold for process

-based emissions would exceed the threshold regardless oftheir combustion CO2 

### emissions

.

Potential to Emit In order to determine potential to emit from the MECS and Economic Census numbers, EPA applied the industry

-specific Federal Reserve capacity utilization factors byNAICS category detailed in the analysis.
New Units EPA applied industry

-specific growth rates to each sector and summed across sectors in order to determine number ofnew units. Threshold Summary

Table 12 CO2

### e Threshold Summary

-- Unspecified Industrial Stationary Combustion

GHG Threshold (tons per year) Number of

Existing Sources Number of New

Facilities Added per Year CO2

### eEmissions Covered (Tg per year) 100 156,783 481 370.834 250 91,472 295 363.825 1,000 40,013 139 343.367 5,000 14,812 69 299.910 10,000 9,265 42 273.575 25,000 4,215 18 223.894 50,000 1,195 3 153.344 100,000 740 0 132.847



### 3.6 Methodology for Existing Specific Industrial Sectors Considering Combustion, Process and Fugitive Emissions These analyses were based primarily on the GHG MRR TSDs and the supporting analyses, including facility specific emission information. The estimates considered each greenhouse gas separately. The GHG MRR TSDs included threshold counts and emissions calculations for 1,000, 10,000, 25,000 and 100,000 metric tons per year. Two steps were

### 17

required for permit threshold consideration. First, emissions were recalculated in order to conduct the analysis in short tons for comparison to the permit thresholds. Second, the emissions were considered against the finer threshold stratification considered in the permit threshold analysis.
For the permit threshold analysis, EPA determined that if the GHG MRR analysis showed all of the establishments exceeded a threshold, after adjustment for short tons, all of the establishments exceeded any lower thresholds. However, where fewer than 100 percent of the establishments exceeded a threshold, additional analysis was required to compare emissions to the permit thresholds of 100, 250, 5,000, and 50,000 tons per year. EPA used the supporting summaries for the GHG MRR which included facility-specific consumption, process, and fugitive emission reports in order to determine counts and emissions for each of thepermit thresholds.

3.6.1 Adipic Acid Production There are four Adipic Acid Production plants in the U.S., all of which are estimated to exceed the highest 100,000 metric tons per year emission threshold for CO2

### e on an actual emissions basis. Therefore all plants will also exceed all PTE thresholds on a CO2

### e basis. The CO2

### e emission estimate includes N2

### O process emissions that total about 5.9 million metric tons CO2

### e, and 3.4 million metric tons of CO2 

### from stationary fuel combustion sources.
N2

### O Individual plant production and emission estimates were not made available because of confidential business information (CBI) claims. However, f rom the Technical Support Document for the Adipic AcidProduction Sector: Proposed Rule for Mandatory Reporting of Greenhouse Gases (EPA-HQ

-OAR-2008-0508-0005), overall U.S. adipic acid production was estimated to total approximately one million metric tons in 2006. The smallest U.S. plant only produced about two percent of the total. This plant, however, is the only plant that is uncontrolled. The three larger plants with the bulk of production have control equipment with N2

### O control efficiencies that range from 90 to 99 percent

. The uncontrolled N2

### O emission factor is 300 kg N2

### O/mton adipic acid. Based on the two percent production share, this uncontrolled plant emitted about 6,000 metric tons ofN2

### O (no GWP adjustment). This leaves about 13,100 metric tons of N2

### O from the three larger controlled plants. Two plants representing about 64 percent of production have control efficiencies in the range of 90 to 95 percent, and one plant with about 34 percent of production has control close to 99 percent (EPA, 2001). Assuming similarproduction shares today, the share of national production (which is assumed for this analysis to be equivalent to capacity) appears to range from 30 to 35 percent for the three plants. Therefore, emissions and PTE for the controlled plants range from to 4,000 metric tons to 4,700 metric tons of N2

### O per year.

### 18

CO2 

### The CO2 

### emissions from fuel combustion can similarly be apportioned to the four plants. The smallest plant, with only two percent of national production, is estimated at CO2 

### emissions of 67,500 metric tons, and the next smallest, with 30 percent of national production, is estimated at 101,300 metric tons

. Potential to Emit The PTE for each facility was assumed to be equivalent to the emissions based on the apportionment described above.
New Units
EPA assumed that no new plants would be constructed for this sector. Threshold Summary

Table 13

CO2 

### Threshold Summary

-- Adipic Acid Production

GHG Threshold (tons per year) Number of

Existing Sources Number of New

Facilities Added per Year CO2 

### Emissions Covered (Tg per year) 100 4 0 3.376 250 4 0 3.376 1,000 4 0 3.376 5,000 4 0 3.376 10,000 4 0 3.376 25,000 4 0 3.376 50,000 4 0 3.376 100,000 4 0 3.376

### 19 Table 14 N2

### O Threshold Summary

-- Adipic Acid Production

GHG Threshold (tons per year) Number of

Existing Sources Number of New

Facilities Added per Year N2

### O Emissions Covered (Tg per year) 100 4 0 0.019 250 4 0 0.019 1,000 4 0 0.019 5,000 1 0 0.006 10,000 0 0 0 25,000 0 0 0 50,000 0 0 0 100,000 0 0 0



### Table 15 CO2

### e Threshold Summary

-- Adipic Acid Production

GHG Threshold (tons per year) Number of

Existing Sources Number of New

Facilities Added per Year CO2

### eEmissions Covered (Tg per year) 100 4 0 9.298 250 4 0 9.298 1,000 4 0 9.298 5,000 4 0 9.298 10,000 4 0 9.298 25,000 4 0 9.298 50,000 4 0 9.298 100,000 4 0 9.298



### 3.6.2 Aluminum Production The primary

aluminum production process results in emissions of CO2 

### and PFCs. The reduction of the alumina occurs through electrolysis in a molten bath of natural or synthetic cryolite (Na3

### AlF6

### ). The reduction cells contain a carbon lining that serves as the cathode

. Carbon is also contained in the anode, which can be a carbon mass of paste, coke briquettes, or

### 20

prebaked carbon blocks from petroleum coke. During reduction, most of the carbon in the anode is oxidized and released to the atmosphere as CO2

### . Potential to Emit
CO2 

### The Technical Support Document for Process Emissions from Primary Production of Aluminum: ProposedRule for Mandatory Reporting of Greenhouse Gases (EPA-HQ

-OAR2008-0508-0006) apportioned CO2 

### emission estimates from the U.S. GHG inventory to the 13 operating smelters based on each smelters share of total capacity. Operating smelter emissions were all above 100,000 tons of CO2

### , so no PTE estimate was required. Capacity information for the two idle smelters shows that these smelters are also capable of emitting over 100,000 tons of CO2 

### per year. PFCs
The reduction cells also emit two PFCs: perfluoromethane (CF4

### ) and perfluoroethane (C2

### F6

### ). The GWPs of the two PFCs are 6,500 and 9,200 respectively. During the smelting process, when the alumina ore content of the electroly tic bath falls below critical levels required for electrolysis, rapid voltage increases occur, which are termed "anode effects." Anode eff ects cause carbon from the anode and fluorine from the dissociated molten cryolite bath to combine, and produce fugitive emissions of CF4 

### and C2

### F6

### . Anode effects released approximately 2.5 million metric tons of CF4 

### and C2

### F6

### in 2006 as documented in the GHG MRR TSD

. CF4 

### made up at least 85 percent of the combined emissions in 2006 (Inventory

of U.S. GHG Emissions and Sinks: 1990 – 2007). These emissions on a CO2

### e basis are equivalent to about 410 short tons of combined emissions as PFC. The proposed GHG MRR TSD estimated CO2

### e emissions from primary aluminum smelters at full capacity

. The largest smelter has 11 percent of U.S. operating capacity. Therefore the largest smelter has a PTE of not more than 45 tons of PFC, and no facilities have a PTE greater than 100 tons.
New Units No new primary aluminum facilities are expected to be built. The growth rate in primary metals from the Economic Census data is only about 0.4 percent

. Threshold Summary Threshold summaries are displayed below for CO2 

### and CO2

### e. All facilities have a PFC PTE less than 100 tons per year on a PFC basis.

### 21 Table 16 CO2 

### Threshold Summary

-- Primary Aluminum

GHG Threshold (tons per year) Number of

Existing Sources Number of New

Facilities Added per Year GHGEmissions Covered (Tg per year) 100 15 0 3.800 250 15 0 3.800 1,000 15 0 3.800 5,000 15 0 3.800 10,000 15 0 3.800 25,000 15 0 3.800 50,000 15 0 3.800 100,000 15 0 3.800



### Table 17 CO2

### e Threshold Summary -- Primary Aluminum

GHG Threshold (tons per year) Number of

Existing Sources Number of New

Facilities Added per Year GHGEmissions Covered (Tg per year) 100 15 0 3.951 250 15 0 3.951 1,000 15 0 3.951 5,000 15 0 3.951 10,000 15 0 3.951 25,000 15 0 3.951 50,000 15 0 3.951 100,000 15 0 3.951



### 3.6.3 Ammonia Production
EPA reviewed the proposed Supporting Data for Threshold Analysis Subpart E

– W, Greenhouse Gas Mandatory Reporting Rulemaking, March 10, 2009 (EPA

-HQ

-OAR-2008- 0508-0046.7) to determine actual emissions and calculate the potential to emit for 24 ammonia plants in operation

. The analysis spreadsheet details CO2 

### actual emission calculations for each

### 22

plant based on ammonia production and urea production, and CO2

### , CH4 

### and N2

### O emission calculations for stationary fuel combustion based on 2006 data.For purposes of permit threshold analysis, the CH4 

### and N2

### O emissions from combustion were not significant.
Potential to Emit Capacity information in the spreadsheet is based on the engineering design capacity adjusted for 340 days per year of ef fective production capability, using information provided by the United States Geological Survey (USGS). The PTE estimates were made by multiplying the actual emission estimates by the ratio of annual ammonia capacity to annual ammonia production adjusted to 365 days a year of operation instead of 340. EPA assumed that ratio also held for stationary

combustion units at the plant.
New Units EPA assumed that no new plants would be constructed for this sector. Threshold Summary

Table 18

CO2 

### Threshold Summary

-- Ammonia Production

GHG Threshold (tons per year) Number of

Existing Sources Number of New

Facilities Added per Year CO2

### eEmissions Covered (Tg per year) 100 24 0 14.543 250 24 0 14.543 1,000 24 0 14.543 5,000 24 0 14.543 10,000 24 0 14.543 25,000 24 0 14.543 50,000 24 0 14.543 100,000 22 0 14.450



### 3.6.4 Cement Production
Process-related CO2 

### emissions from cement production are the second largest source of industrial CO2 

### emissions in the United States. Cement production is done in two stages. The first stage is clinker production. In clinker production, raw materials (primarily limestone) are heated to induce calcination and produce lime. Lime reacts with silica-containing materials and

### 23

iron ore and aluminum to form clinker. During the process, CO2 

### is generated as a by product and released to the atmosphere. Also during clinker production, some of the clinker raw materials form partially or fully calcinated cement kiln dust instead of forming clinker, resulting in additional process-related CO2 

### emissions. Inthe second stage of the production process, the clinker is ground and mixed with gy psum and other materials to make cement.
Potential to Emit
The Technical Support Document for Process Emissions from Cement: Proposed Rule for Mandatory Reporting of Greenhouse Gases (EPA

-HQ

-OAR-2008-0508-0008) shows 107 cement facilities in the U.S., 106 of which exceed all permit thresholds for CO2 

### (according to the TSD, the one facility

that does not exceed the 100,000 tons per year threshold accounted for over 90,000 metric tons of CO2

### e and approximately one-tenth of one percent of the cement industry emissions in 2006)

. New Units
Growth for the industrial sector was estimated at 0.4 percent, and as such, no additional facilities were included in this analysis. Threshold Summary

Table 19

CO2 

### Threshold Summary

-- Cement Production

GHG Threshold (tons per year) Number of

Existing Sources Number of New

Facilities Added per Year CO2

### eEmissions Covered (Tg per year) 100 107 0 81.462 250 107 0 81.462 1,000 107 0 81.462 5,000 107 0 81.462 10,000 107 0 81.462 25,000 107 0 81.462 50,000 107 0 81.462 100,000 106 0 80.668

### 24

3.6.5 Electronic Production
The Technical Support Document forProcess Emissions f rom Electronics Manufacture (S emiconductors, MEMs, Liquid Crystal Displays, and Photovoltaics) (EPA-HQ

-OAR-2008- 0508-0009) examined emissions of high GWP gases for semiconductor and related industry plants. Emissions from stationary fuel combustion were not included in the source category analysis, but were instead captured by the unspecified industrial stationary combustion analysis. EPA has followed this approach here as well. Approximately

one million metric tons of SF6 

### as CO2

### e were emitted from the semiconductor industry

in 2006 (Inventory

of U.S. Greenhouse Gas Emissions and Sinks: 1990

– 2007). This is equivalent to 46 short tons of SF6

### . The semiconductor industry uses multiple long

-lived fluorinated gases in plasma etching and plasma enhanced chemical vapor deposition (PECVD) processes to produce semiconductor products. These include PFCs, which are also used as heat transfer fluids. Approximately 3.5 million metric tons of PFCs as CO2

### e were emitted from the semiconductor industry in 2006 (Inventory

of U.S. Greenhouse Gas Emissions and Sinks: 1990 – 2007).

Table 20 Electronic Production PFC Emissions

Semiconductor PFC 2006 CO2

### e Emissions (million mtons) PFC GWP 2006 PFC Emissions (tons) CF4 

### 1.2 6,500 204 C2

### F6 

### 2.2 9,200 264 C4

### F8 

### 0.1 8,700 13 Total 3.5

-- 481



### Potential to Emit The Federal Reserve capacity utilization factor for the electronics industry in 2006 was 79.8 percent

. Based on this capacity utilization factor the PTE of all of the semiconductor plants combined is estimated at 56 tons of SF6 

### and 600 tons of PFC.
EPA identified 216 facilities in the semiconductor-electronics sector. Of these, the largest facility

emitted six percent of total semiconductor emissions on a CO2

### e basis (includes non-PFCs), which is a maximum of 30 tons of PFC. On a PTE basis, the largest facility would emit 36 tons, based on an assumption that the industry capacity is distributed similarly

to emissions. Therefore no facility exceeds 100 tons per year on an actual or PTE basis for PFC

.

### 25

New Units
Growth for the industrial sector was estimated at -1.8 percent, and as such, no additional facilities were included in this analysis. Threshold Summary Electronics industry

emissions from plant processes only exceed emission thresholds on a CO2

### e basis. Facility

stationary

fuel combustion emissions are not included in the threshold comparisons for the industry

.

Table 21

CO2

### e Threshold Summary

-- Electronics Production

GHG Threshold (tons per year) Number of

Existing Sources Number of New

Facilities Added per Year CO2

### e Emissions Covered (Tg per year) 100 199 0 5.948 250 191 0 5.947 1,000 159 0 5.934 5,000 109 0 5.819 10,000 88 0 5.701 25,000 65 0 5.399 50,000 54 0 5.100 100,000 22 0 3.417



### 3.6.6 Ethanol Production In the proposed GHG MRR, EPA determined that the sources of GHG emissions at ethanol production facilities that must be reported under the proposed rule are stationary fuel combustion, onsite landfills, and onsite wastewater treatment. For the GHG MRR supporting analysis, data were unavailable to estimate facility emissions from these combined sources. Instead, data on stationary fuel combustion requirements for different plant capacities were used to estimate the minimum number of facilities that would meet each of the examined reporting rule facility

-level thresholds. CO2 

### emissions from combustion constitute the majority of the GHG emissions from ethanol production and therefore provide an adequate measure for determining threshold counts.

### 26 Table 22 Ethanol Fuel Combustion CO2

### e Emissions by Plant Size (f rom the Proposed GHG MRR TSD Spreadsheet)

Ethanol Produced (wet milling process) (million gallons) Coal Combustion Emissions (mtons CO2

### e/year) Natural Gas Combustion Emissions (mtons CO2

### e/year) 290 1,519,585 853,536 245 1,283,787 721,091 200 1,047,990 588,646 200 1,047,990 588,646 100 523,995 294,323 85 445,396 250,174 40 209,598 117,729 35 183,398 103,013 20 104,799 58,865 2.6 13,624 7,652



### Table 23 Proposed Reporting Rule Threshold Analysis Results

Threshold CO2

### e (tons per year) Number ofExisting Sources

-- Actual Basis Percent of Existing National Sources* 1,000 101 72% 10,000 93 66% 25,000 86 61% 100,000 43 31%

* National ethanol production source population was estimated at 140 plants nationwide.



### Potential to Emit
The permit threshold PTE analysis relied on this same approach and data. Therefore CH4 

### emissions from onsite landfills and wastewater treatment plant digesters were not included in the PTE analysis, and we did not estimate emission coverage at each threshold. Also, the analysis for the proposed GHG MRR did not evaluate thresholds of 100, 250, 5,000, and 50,000 tons per year. EPA assumed that all existing plants would exceed the 100 and 250 ton per year thresholds based on fuel combustion associated with the wet milling process. For the 5,000 and 50,000

### 27

thresholds, EPA included the number of sources exceeding the next highest threshold. For example, the count of sources exceeding the 5,000 tons per year level only includes the sources exceeding the 10,000 ton threshold in the Technical Support Document for Ethanol Facilities: Proposed Rule for Mandatory Reporting of Greenhouse Gases (EPA-HQ

-OAR-2008-0508- 0010).
New Units
EPA estimates that ten new ethanol production facilities will be built per year. Threshold Summary

Table 24 CO2

### e Threshold Summary

-- Ethanol

GHG Threshold (tons per year) Number of

Existing Sources Number ofNew Sources Added per Year 100 140 10 250 140 10 1,000 101 7 5,000 101 7 10,000 93 7 25,000 86 6 50,000 86 6 100,000 43 3



### 3.6.7 Ferroalloy Production In evaluating ferroalloy production in the U.S., EPA considered actual production at six facilities, as published in the U.S. Inventory of Greenhouse Gas Emissions and Sinks: 1990 – 2007 for 2006, and the capacity to produce at three facilities for which production information was not published due to competitive concerns.
Potential to Emit
EPA's PTE calculations consider the Federal Reserve's 2006 monthly industrial capacity utilization estimates for the primary metals industry

classification which shows utilization at 85.9 percent for 2006. The PTE calculations do not affect the threshold analysis, because all facilities emit over 100,000 metric tons of CO2

### e per year.

### 28

New Units Applying the growth factor for the industrial sector, 0.4 percent, results in no additional facilities for the analysis. Threshold Summary

Table 25

CO2 

### Threshold Summary -- Ferroalloy Production

GHG Threshold (tons per year) Number of

Existing Sources Number ofNew

Facilities Added per Year CO2 

### Emissions Covered (Tg per year) 100 9 0 1.717 250 9 0 1.717 1,000 9 0 1.717 5,000 9 0 1.717 10,000 9 0 1.717 25,000 9 0 1.717 50,000 9 0 1.717 100,000 9 0 1.717



### Table 26 CH4 

### Threshold Summary -- Ferroalloy Production

GHG Threshold (tons per year) Number of

Existing Sources Number of New

Facilities Added per Year CH4 

### Emissions Covered (Tg per year) 100 3 0 0.0003 250 0 0 0

### 29 Table 27 CO2

### e Threshold Summary -- Ferroalloy Production

GHG Threshold (tons per year) Number of

Existing Sources Number of New

Facilities Added per Year CO2

### eEmissions Covered (Tg per year) 100 9 0 1.726 250 9 0 1.726 1,000 9 0 1.726 5,000 9 0 1.726 10,000 9 0 1.726 25,000 9 0 1.726 50,000 9 0 1.726 100,000 9 0 1.726



### 3.6.8 Food Processing Food processing includes meat, poultry and fruit and vegetable processing. Emissions derive from combustion and fugitive methane related to wastewater treatment. For purposes of this permit threshold analysis, EPA did not consider the fugitive methane from wastewater treatment because these are the only greenhouse gas emissions from the source category other than combustion, and food processing is not a listed PSD source category. Consequently, emissions from this subsector considered in this analysis were limited to combustion emissions and were calculated using the MECS approach.
Potential to Emit
EPA used the Federal Reserve's 2004 capacity utilization factor of 79.3 percent for the food industry

to calculate PTE emissions.
New Units
In addition, new establishments were calculated assuming a continuation of the growth rate of 1.2 percent, as calculated using the methodology described earlier in this document.

### 30

Threshold Summary

Table 28

CO2 

### Threshold Summary

-- Food Processing

GHG Threshold (tons per year) Number of

Existing Sources Number ofNew

Facilities Added per Year CO2

### e Emissions Covered (Tg per year) 100 3946 47 16.848 250 2281 27 16.709 1,000 1499 18 16.379 5,000 1030 12 15.723 10,000 749 9 14.354 25,000 482 6 12.568 50,000 10 0 0.596 100,000 0 0 0



### 3.6.9 Glass Manufacturing
EPA used the Supporting Data f or Threshold Analysis Subpart E – W,Greenhouse Gas Mandatory Reporting Rulemaking, March 10, 2009 (EPA

-HQ

-OAR-2008-0508-0046.7).to analyze emissions for permit thresholds from glass manufacturing. Annual fuel combustion and glass production are estimated for each plant based on 2004 estimated plant sales and 2002 MECS energy

intensity (energy per sales dollars). The spreadsheet shows CO2 

### emission estimates f

rom industrial processes and stationary fuel combustion, as well as CH4 

### and N2

### O emission estimates from stationary fuel combustion.
Potential to Emit Plant capacities are not available in the spreadsheet. To estimate PTE, EPA divided the actual annual emissions by a capacity utilization factor of 0.79 or 79 percent, based on the Federal Reserve's 2004 monthly industrial capacity

utilization estimates for the non-metallic minerals industry

. New Units
EPA used an estimated annual growth rate of 0.4 percent for the nonmetallic mineral product manufacturing sector to determine the number of new units for this analysis.

### 31

Threshold Summary

Table 29

CO2

### e Threshold Summary

-- Glass Manufacturing

GHG Threshold (tons per year) Number of

Existing Sources Number of New

Facilities Added per Year CO2

### eEmissions Covered (Tg per year) 100 368 1 4.425 250 362 1 4.424 1,000 222 1 4.341 5,000 200 1 4.298 10,000 171 1 4.131 25,000 87 0 2.594 50,000 16 0 1.015 100,000 1 0 0.208



### 3.6.10 HCFC-22 Production Chlorodifluoromethane (HCFC

-22) is produced for use in refrigeration and air conditioning systems and as a chemical feedstock for manufacturing synthetic poly mers. Because HCFC-22 depletes stratospheric ozone, its production for non-feedstock uses is scheduled to be phased out by 2020 under the U.S. Clean Air Act. Feedstock production, however, is permitted to continue indefinitely

. A high global warming potential (GWP) greenhouse gas, trifluoromethane (HFC-23), is generated as a by

product during the manufacture of HCFC-22. Emissions of HFC

-23 in 2006 were estimated to be 13.8 million metric tons on a CO2

### e basis from three HCFC

-22 production plants. Estimates were based on the plants operating at capacity. Annual emissions in terms of both metric tons CO2

### e and tons HFC

-23 are summarized in Table 30 below.

### 32 Table 30 HCFC

-22 Production HFC

-23 Emissions

HCFC

-22 Production 2006 CO2

### e Emissions (million metric tons) HFC GWP 2006 HFC Emissions (short tons) HFC

-23 13.8 11,700 1,300 Source: Reporting Rule TSD



### Potential to Emit Confidential business information (CBI) claims on production information limited EPA's PTE analysis. The T

echnical Support Document for Emissions of HFC

-23 from Production of HCFC-22: Proposed Rule for Mandatory Reporting o f Greenhouse Gases (EPA-HQ

-OAR

2008-0508-0015) estimated that all three plants emit over 100,000 metric tons CO2

### e on a capacity basis by a factor of 85 or more, or a minimum of 800 short tons of HFC-23. These estimates did not account for HFC

-23 capture and destruction at two of the three plants. Therefore, actual emissions at two of the plants will be lower, and can be limited through permitting. We assumed that all three plants exceed the 100 and 250 ton actual and PTE thresholds, and that one plant (uncontrolled) exceeds the 1,000 ton PTE threshold.
Because the TSD did not include estimates of CO2 

### emissions from fuel combustion, and the CBI claims noted above, the PTE analysis does not quantify fuel combustion emissions specifically for the three plants. Stationary fuel combustion emissions from the plants were instead captured under the analysis for unspecified industrial stationary combustion.
New Units U.S. production between 1990 and 2006 increased by 11 percent while emissions declined by 62 percent. The declines in emissions from control equipment and process changes offset the production increases. Therefore we did not estimate any new facilities or modifications that would increase facility emissions more than 100 tons per year.

### 33

Threshold Summary

Table 31

HFC Threshold Summary

-- HCFC

-22 Production

GHG Threshold (tons per year) Number of

Existing Sources Number ofNew

Facilities Added per Year HFC Emissions Covered (Tg per year) 100 3 0 0.001 250 3 0 0.001 1,000 1 0 0.001 5,000 0 0 0



### Table 32 CO2

### e Threshold Summary

-- HCFC

-22 Production

GHG Threshold (tons per year) Number of

Existing Sources Number ofNew

Facilities Added per Year CO2

### e Emissions Covered (Tg per year) 100 3 0 13.848 250 3 0 13.848 1,000 3 0 13.848 5,000 3 0 13.848 10,000 3 0 13.848 25,000 3 0 13.848 50,000 3 0 13.848 100,000 3 0 13.848



### 3.6.11 Hydrogen Production
EPA estimated CO2 

### emissions from merchant hydrogen production using the process and combustion ratio of 8.62 tons ofCO2 

### emissions per ton ofhydrogen production. About 95 percent of all hydrogen (not just merchant hydrogen) produced in the U.S. today is made from natural gas via steam methane reforming. In steam methane reforming fueled by natural gas combustion, the process and combustion emissions go up the same stack from the boiler/reformer unit. Because the emissions are predominately process emissions and because

### 34

the natural gas combustion products are emitted from the same stack, EPA has treated all the emissions as process emissions.
Potential to Emit EPA developed estimates assuming hydrogen production at capacity level. Therefore, no adjustment to the emissions estimates is needed to account for PTE emissions

. New Units
Based on the industry

growth factor of

-0.1 percent for chemical manufacturing, EPA assumed that no new plants would be constructed. Threshold Summary

Table 33

CO2 

### Threshold Summary

-- Hydrogen Production

GHG Threshold (tons per year) Number of

Existing Sources Number ofNew

Facilities Added per Year CO2

### e Emissions Covered (Tg per year) 100 75 0 15.227 250 75 0 15.227 1,000 73 0 15.225 5,000 62 0 15.202 10,000 51 0 15.130 25,000 41 0 14.984 50,000 37 0 14.845 100,000 30 0 14.251



### 3.6.12 Iron and Steel Production
EPA used the Supporting Data for Threshold Analysis Subpart E – W,Greenhouse Gas Mandatory Reporting Rulemaking, March 10, 2009 (EPA

-HQ

-OAR-2008-0508-0046.7) for the proposed GHG MRR threshold analysis to determine process and combustion CO2 

### and process CH4

### . The iron and steel production source category includes taconite iron ore processing facilities, integrated iron and steel making facilities, electric arc furnace (EAF) steelmaking facilities that are not located at integrated iron and steel facilities, and coke oven facilities that are not located at integrated iron and steel facilities. Facility processes and facilities covered in the spreadsheet are shown in the table below.

### 35 Table 34 Iron and Steel Processes, Facilities, and Capacity Information

Iron and Steel Process Number of Facilities Capacity Information Basic oxygen furnace (BOF) 18 Yes Blast Furnace (BF) 17 Yes Sintering 5 Yes Coke ovens 18 Yes Electric arc furnace (EAF) 92 No Taconite furnace 8 Yes Integrated steel plant fuel combustion* 19 No Coke oven gas combustion* 9 No EAF steel plant fuel combustion 92 No

* Six plants had emissions from coke oven gas combustion was included in integrated steel plant fuel combustion.



### Potential to Emit
The analysis covered 130 plants, and in all cases, except for EAF plants, GHG emissions were estimated based on operations at plant capacity. For EAF plants, EPA used the 2007 Federal Reserve industrial capacity utilization percentage of 86.6 percent for primary metal

-- iron and steel production, to adjust estimated actual emissions to PTE. The spreadsheet contained emission CO2

### e estimates which included CO2

### , CH4

### , and N2

### O emissions. Process CH4 

### emissions were backed out of the CO2

### e totals using the process CH4 

### emissions reported in the U.S. GHG Inventory, and apportioning these emissions to the different plants based on their capacity in those processes. N2

### O emissions are primarily related to fuel combustion and were not backed out for separate treatment.
New Units
No new iron and steel facilities are expected to be built. The growth rate in primary metals from the Economic Census data is only about 0.4 percent

.

### 36

Threshold Summary

Table 35

CO2 

### Threshold Summary

-- Iron and Steel Production

GHG Threshold (tons per year) Number of

Existing Sources Number of New

Facilities Added per year CO2 

### Emissions

Covered (Tg per year) 100 130 0 85.150 250 130 0 85.150 1,000 130 0 85.150 5,000 129 0 85.148 10,000 128 0 85.141 25,000 123 0 85.057 50,000 116 0 84.831 100,000 113 0 84.655



### Table 36 CH4 

### Threshold Summary

-- Iron and Steel Production

GHG Threshold (tons per year) Number of

Existing Sources Number ofNew

Facilities Added per Year CH4 

### Emissions Covered (Tg per year) 100 18 0 0.034 250 17 0 0.033 1,000 16 0 0.032 5,000 0 0 0

### 37 Table 37 CO2

### e Threshold Summary

-- Iron and Steel Production

GHG Threshold (tons per year) Number of

Existing Sources Number ofNew

Facilities Added per Year CO2

### e Emissions Covered (Tg per year) 100 130 0 85.151 250 130 0 85.151 1,000 130 0 85.151 5,000 129 0 85.149 10,000 128 0 85.141 25,000 123 0 85.058 50,000 116 0 84.832 100,000 113 0 84.656



### 3.6.13 Lead Production According to the 2006 U.S. Geological Survey (USGS), lead production in the U.S. includes both the primary, direct smelting (one facility) and secondary lead production (16 facilities). Process emissions ofCO2 

### are a byproduct of the coke consumed during the smelting or reforming processes
. EPA calculated total process emissions based on lead production as reported in the USGS.
In the Supporting Data for Threshold Analysis Subpart E

– W,Greenhouse Gas Mandatory Reporting Rulemaking (EPA-HQ

-OAR-2008-0508-0046.7), combustion emissions are combined with process emissions to determine total actual emissions.
Potential to Emit
In order to determine PTE emissions, EPA considered the Federal Reserve's 2006 monthly industrial capacity

utilization estimates for primary metals industry classification which shows utilization at 85.9 percent for 2006, and adjusted to achieve 100 percent utilization. New Units EPA assumed no new facilities would be added for the industry, given an expected growth rate of 0.4 percent per year for primary metal manufacturing industry

.

### 38

Threshold Summary

Table 38

CO2

### e Threshold Summary

-- Lead Production

GHG Threshold (tons per year) Number of

Existing Sources Number ofNew

Facilities Added per Year CO2

### e Emissions Covered (Tg per year) 100 17 0 0.861 250 17 0 0.861 1,000 17 0 0.861 5,000 17 0 0.861 10,000 16 0 0.855 25,000 13 0 0.799 50,000 12 0 0.761 100,000 1 0 0.089



### 3.6.14 Lime
The Supporting Data for Threshold Analysis Subpart E

– W,Greenhouse Gas Mandatory Reporting Rulemaking, March 10, 2009 (EPA-HQ

-OAR-2008-0508-0046.7) was also used to estimate GHG PTE for lime plants

. Potential to Emit
To estimate PTE, EPA divided annual actual CO2 

### emissions from the calcining process and fuel combustion emissions of CO2

### , CH4 

### and N2

### O by regional capacity factors available in the spreadsheet for each plant. The capacity factors ranged from 43 to 136 percent

. New Units EPA assumed no new facilities would be added for the industry

.

### 39

Threshold Summary

Table 39

CO2 

### Threshold Summary

-- Lime Production

GHG Threshold (tons per year) Number of

Existing Sources Number ofNew

Facilities Added per Year CO2 

### Emissions Covered (Tg per year) 100 89 0 27.262 250 89 0 27.262 1,000 89 0 27.262 5,000 89 0 27.262 10,000 89 0 27.262 25,000 86 0 27.237 50,000 71 0 26.533 100,000 60 0 26.180



### 3.6.15 Magnesium Production and Processing The magnesium metal production (primary and secondary) and casting industry typically uses SF6 

### as a cover gas to prevent the rapid oxidation and burning of molten magnesium in the presence of air. A dilute gaseous mixture ofSF6 

### with dry air and/or CO2 

### is blown over molten magnesium metal to induce and stabilize the formation of a protective crust. A small portion of the SF6 

### reacts with the magnesium to form a thin molecular film of mostly magnesium oxide and magnesium fluoride. The amount ofSF6 

### reacting in magnesium production and processing is being studied but presently assumed to be negligible, and therefore all SF6 

### used is assumed to be emitted into the atmosphere. For the proposed GHG MRR Technical Support Document for Process Emissions from Magnesium Production and Processing: Proposed Rule for Mandatory Reporting of Greenhouse Gases, EPA reported that national annual SF6 

### emissions from magnesium production and processing totaled approximately 3.2 million metric tons CO2

### e in 2006. The facility population totaled 13 facilities that emitted 3.0 million metric tons CO2

### e. The SF6 

### emissions (no GWP adjustment) were 148 and 138 short tons respectively. Ten magnesium die casting facilities accounted for 29 percent (44 tons), and primary and secondary production accounted for 64 percent (96 tons) of the total emissions

. Other small casting activities accounted for the remaining 7 percent (ten tons).

### 40

Potential to Emit
EPA used the analysis in the TSD for the proposed GHG MRR, where EPA had evaluated thresholds of 1,000, 10,000, 25,000, and 100,000 metric tons per year. Facility-level information is not made publicly available because of confidential business information (CBI) claims

. From that earlier analysis EPA estimated that the same number of facilities exceeded the 100, 250, and 1,000 tons CO2

### e per year PTE threshold as determined in the GHG MRR TSD for the 1,000 metric tons per year threshold. In a similar fashion, EPA used the GHG MRR TSD facility counts at 10,000 metric tons CO2

### e per year to estimate facilities at the 5,000 tons per year PTE threshold, and 100,000 metric tons per year for the 50,000 tons CO2

### e per year PTE threshold. The permit threshold analysis did not include CO2 

### emissions from fuel combustion. That information was not available in the TSD for the proposed GHG MRR.
On an SF6 

### mass basis, the average emissions per facility are only 11 tons of SF6

### , well below 100 tons per year. Therefore we assumed that none of the facilities have a potential to emit more than 100 tons per year ofSF6

### . New Units
EPA assumed no new units would be added for the sector. Threshold Summary

Table 40

CO2

### e Threshold Summary

-- Magnesium Production

GHG Threshold (tons per year) Number of

Existing Sources Number ofNew

Facilities Added per Year CO2

### e Emissions Covered (Tg per year) 100 13 0 2.955 250 13 0 2.955 1,000 13 0 2.955 5,000 11 0 2.94 10,000 11 0 2.94 25,000 11 0 2.94 50,000 9 0 2.781 100,000 9 0 2.781

### 41

3.6.16 Nitric Acid Production
EPA used the 2006 nameplate capacity (metric tons ofHNO3 

### 100 percent acid basis) for 45 nitric acid plants and 2006 acid production from the GHG MRR TSD supporting spreadsheet (EPA-HQ

-OAR-2008-0508

-0046.7) to determine N2

### O emissions

. Potential to Emit
The GHG PTE was calculated by multiplying actual N2

### O emissions as CO2

### e by the ratio of nameplate capacity

to 2006 production. The permit threshold analysis, based on the GHG MRR TSD, does not include GHG emissions from co

-located stationary combustion units. Also the permit threshold analysis does not account for overlap between facilities in the Nitric Acid and Ammonia categories, which have both ammonia and nitric acid production processes.
New Units
EPA assumed no new units would be constructed for this sector. Threshold Summary

Table 41

N2

### O Threshold Summary

-- Nitric Acid Production

GHG Threshold (tons per year) Number of

Existing Sources Number ofNew

Facilities Added per Year N2

### O Emissions Covered (Tg per year) 100 43 0 0.055 250 42 0 0.055 1,000 27 0 0.049 5,000 4 0 0.016 10,000 0 0 0 25,000 0 0 0 50,000 0 0 0 100,000 0 0 0

### 42 Table 42 CO2

### e Threshold Summary

-- Nitric Acid Production

GHG Threshold (tons per year) Number of

Existing Sources Number ofNew

Facilities Added per Year CO2

### e Emissions Covered (Tg per year) 100 45 0 17.732 250 45 0 17.732 1,000 45 0 17.732 5,000 45 0 17.732 10,000 45 0 17.732 25,000 44 0 17.724 50,000 43 0 17.706 100,000 42 0 17.667



### 3.6.17 Petrochemical Production
EPA determined that the portion of the petrochemical production sector most relevant for permit threshold analysis includes the manufacture and production of acrylonitrile, carbon black, ethylene, ethylene dichloride, ethylene oxide, and methanol, because the IPCC considers production of greenhouse gases from these processes signif icant compared to other petrochemical processes. Emissions from the manufacturing processes vary significantly, and process emissions take many forms

. Process emissions include direct oxidation ofCO2

### , off

-gassing of CH4 

### and CO2

### , and the direct release of CO2 

### and CH4 

### from equipment leaks. Process emissions are the primary consideration for acrylonitrile, ethylene, and ethylene oxide processes

. In addition, some processes require combustion of supplemental fuel. Both process and combustion emissions are significant for carbon black and methanol processes.
Potential to Emit
EPA's analysis assumed petrochemical production at the capacity level. Therefore, no adjustment to the emissions estimates is needed to account for PTE

. New Units
Based on an industry

growth factor of

-0.1 percent for chemical manufacturing, EPA assumed that no new plants would be constructed.

### 43

Threshold Summary

Table 43

CO2 

### Threshold Summary -- Petrochemical Production

GHG Threshold (tons per year) Number of

Existing Sources Number ofNew

Facilities Added per Year CO2 

### Emissions Covered (Tg per year) 100 98 0 52.081 250 98 0 52.081 1,000 98 0 52.081 5,000 97 0 52.080 10,000 96 0 52.073 25,000 96 0 52.073 50,000 94 0 52.005 100,000 91 0 51.806



### Table 44 CH4 

### Threshold Summary -- Petrochemical Production

GHG Threshold (tons per year) Number of

Existing Sources Number ofNew

Facilities Added per Year CH4 

### Emissions Covered (Tg per year) 100 55 0 0.130 250 52 0 0.129 1,000 37 0 0.121 5,000 5 0 0.035 10,000 1 0 0.010 25,000 0 0 0 50,000 0 0 0 100,000 0 0 0

### 44 Table 45 CO2

### e Threshold Summary -- Petrochemical Production

GHG Threshold (tons per year) Number of

Existing Sources Number ofNew

Facilities Added per Year CO2

### e Emissions

Covered (Tg per year) 100 98 0 54.826 250 98 0 54.826 1,000 98 0 54.826 5,000 97 0 54.825 10,000 96 0 54.818 25,000 96 0 54.818 50,000 94 0 54.748 100,000 91 0 54.595



### 3.6.18 Petroleum Refineries In developing the permit threshold analysis for petroleum refineries, EPA quantif ied CH4 

### process emissions from wastewater, fugitive, flares, and storage tanks. Process CO2

### emissions derived from flares, hydrogen plant emissions, and sulfur plant emissions. In addition, on

-site combustion emissions were calculated considering fuel consumed by type. Potential to Emit
EPA assumed that petroleum refineries were operating at capacity level. Therefore, no adjustment to the emissions estimates was needed to account for PTE

. New Units According to the ICR prepared for the New Source Performance Standard (NSPS), EPA expects that no new refineries will be built over the next few years.

### 45

Threshold Summary

Table 46

CO2 

### Threshold Summary

-- Petroleum Refineries

GHG Threshold (tons per year) Number of

Existing Sources Number ofNew

Facilities Added per Year CO2 

### Emissions

Covered (Tg per year) 100 150 0 202.947 250 150 0 202.947 1,000 150 0 202.947 5,000 150 0 202.947 10,000 149 0 202.938 25,000 146 0 202.887 50,000 137 0 202.575 100,000 129 0 202.065



### Table 47 CH4 

### Threshold Summary

-- Petroleum Refineries

GHG Threshold (tons per year) Number of

Existing Sources Number ofNew

Facilities Added per Year CH4 

### Emissions

Covered (Tg per year) 100 129 0 0.083 250 109 0 0.080 1,000 31 0 0.042 5,000 0 0 0

### 46 Table 48 CO2

### e Threshold Summary

-- Petroleum Refineries

GHG Threshold (tons per year) Number of

Existing Sources Number ofNew

Facilities Added per Year CO2

### e Emissions Covered (Tg per year) 100 150 0 204.897 250 150 0 204.897 1,000 150 0 204.897 5,000 150 0 204.897 10,000 149 0 204.888 25,000 146 0 204.835 50,000 137 0 204.513 100,000 129 0 203.988



### 3.6.19 Phosphoric Acid Production Phosphoric acid is produced by combining sulfuric acid and phosphate rock. CO2

### is emitted when the limestone component ofphosphate rock reacts with the sulfuric acid.
Potential to Emit When these process emissions are combined with combustion emissions, all 14 plants have emissions that exceed the highest threshold level; consequently, no PTE analysis was required.
New Units
Based on an industry

growth factor of

-0.1 percent for chemical manufacturing, EPA assumed that no new plants would be constructed.

### 47

Threshold Summary

Table 49

CO2 

### Threshold Summary

-- Phosphoric Acid Production

GHG Threshold (tons per year) Number of

Existing Sources Number ofNew

Facilities Added per Year CO2

### e Emissions Covered (Tg per year) 100 14 0 3.838 250 14 0 3.838 1,000 14 0 3.838 5,000 14 0 3.838 10,000 14 0 3.838 25,000 14 0 3.838 50,000 14 0 3.838 100,000 14 0 3.838



### 3.6.20 Pulp and Paper Manufacturing
Permit threshold analysis for this sector is focused on the energy intensive, fugitive emitting pulp, paper, and paperboard manufacturing subsectors. Process emissions include CO2 

### which is emitted in the recovery cycle at kraft and soda facilities associated with the chemical pulp process. The CO2

### emitted from kraft mill lime kilns originates from two sources: (1) fossil fuels burned in the kiln, and (2) conversion of calcium carbonate (or "lime mud") generated in the recovery

process to calcium oxide.
The bulk of the emissions considered derive from combustion. Many boilers use biomass fuel, and the burning of spent pulping liquors to produce steam for facility processes is considered biomass combustion for the GHG MRR

. The emissions numbers considered for the permit threshold analysis are non

-biogenic (net of any biogenic emissions). Considering only non-biogenic emissions, 96.5 percent of the facilities and 99.7 percent of the emissions are captured by all of the thresholds proposed for consideration of the permit threshold rule.
Potential to Emit Because 99.7 percent of emissions were captured at even the highest threshold, no additional PTE estimate was calculated in this analysis.

### 48

New Units
Based on an industry

growth factor of

-2.5 percent for paper manufacturing, and previous EPA analysis for the pulp and paper NSPS ICR, EPA assumed that no new plants would be constructed

. Threshold Summary

Table 50

CO2

### e Threshold Summary

-- Pulp and Paper Manufacturing

GHG Threshold (tons per year) Number of

Existing Sources Number ofNew

Facilities Added per Year CO2

### e Emissions Covered (Tg per year) 100 425 0 57.700 250 425 0 57.700 1,000 425 0 57.700 5,000 425 0 57.700 10,000 425 0 57.700 25,000 425 0 57.700 50,000 422 0 57.688 100,000 410 0 57.527



### 3.6.21 Silicon Carbide Manufacturing In 2006, one facility

produced silicon carbide in the U.S. Silicon carbide is primarily an industrial abrasive manufactured from silica sand or quartz and petroleum coke. Approximately 35 percent of the carbon from the petroleum coke is retained with the silicon carbide, and the rest is emitted as both CO2 

### and CH4

### . In addition, emissions from combustion account for approximately

ten percent of total emissions.
Potential to Emit Emissions from this plant exceed all permit threshold levels; as a result, EPA did not consider PTE calculations.
New Units
EPA assumed there would be no new facilities constructed.

### 49

Threshold Summary

Table 51

CO2 

### Threshold Summary

-- Silicon Carbide Manufacturing

GHG Threshold (tons per year) Number of

Existing Sources Number ofNew

Facilities Added per Year CO2 

### Emissions Covered (Tg per year) 100 1 0 0.101 250 1 0 0.101 1,000 1 0 0.101 5,000 1 0 0.101 10,000 1 0 0.101 25,000 1 0 0.101 50,000 1 0 0.101 100,000 1 0 0.101



### Table 52 CH4 

### Threshold Summary

-- Silicon Carbide Manufacturing

GHG Threshold (tons per year) Number of

Existing Sources Number ofNew

Facilities Added per Year CH4 

### Emissions

Covered (Tg per year) 100 1 0 0.0004 250 1 0 0.0004 1,000 0 0 0

### 50 Table 53 CO2

### e Threshold Summary

-- Silicon Carbide Manufacturing

GHG Threshold (tons per year) Number of

Existing Sources Number ofNew

Facilities Added per Year CO2

### e Emissions

Covered (Tg per year) 100 1 0 0.109 250 1 0 0.109 1,000 1 0 0.109 5,000 1 0 0.109 10,000 1 0 0.109 25,000 1 0 0.109 50,000 1 0 0.109 100,000 1 0 0.109



### 3.6.22 Soda Ash Production Soda Ash production emissions were nearly evenly split between process and combustion emissions. Process emissions result from calcining trona ore to produce soda ash.
Potential to Emit
PTE emissions were calculated based on the capacities of the production units.
New Units In 2006, there was a glut of soda ash in the domestic market; EPA assumed no new units would be constructed.

### 51

Threshold Summary

Table 54

CO2

### e Threshold Summary

-- Soda Ash Production

GHG Threshold (tons per year) Number of

Existing Sources Number ofNew

Facilities Added per Year CO2

### e Emissions Covered (Tg per year) 100 5 0 3.121 250 5 0 3.121 1,000 5 0 3.121 5,000 5 0 3.121 10,000 5 0 3.121 25,000 5 0 3.121 50,000 5 0 3.121 100,000 5 0 3.121



### 3.6.23 Titanium Dioxide Production
EPA used USGS as the source for production capacity for the eight facilities that produced titanium dioxide in 2006.
Potential to Emit
Emissions were assumed to represent PTE operating levels

. New Units EPA assumed that no new plants would be constructed.

### 52

Threshold Summary

Table 55

CO2

### e Threshold Summary

-- Titanium Dioxide Production

GHG Threshold (tons per year) Number of

Existing Sources Number ofNew

Facilities Added per Year CO2

### e Emissions Covered (Tg per year) 100 8 0 3.686 250 8 0 3.686 1,000 8 0 3.686 5,000 8 0 3.686 10,000 8 0 3.686 25,000 8 0 3.686 50,000 8 0 3.686 100,000 7 0 3.628



### 3.6.24 Zinc Production
The Zinc production emissions and facility count estimates include process and combustion emissions associated with primary smelting and secondary

recycling facilities.
Potential to Emit
For PTE estimates, EPA considered the Federal Reserve's 2006 monthly industrial capacity utilization estimates for primary metals industry

classification which shows utilization at 85.9 percent for 2006, and ad justed to achieve 100 percent utilization.
New Units
EPA assumed that no new units would be constructed.

### 53

Threshold Summary

Table 56

CO2

### e Threshold Summary

-- Zinc Production

GHG Threshold (tons per year) Number of

Existing Sources Number ofNew

Facilities Added per Year CO2

### e Emissions Covered (Tg per year) 100 9 0 0.852 250 9 0 0.852 1,000 9 0 0.852 5,000 9 0 0.852 10,000 8 0 0.843 25,000 5 0 0.802 50,000 5 0 0.802 100,000 5 0 0.802



### 3.7 Energy Sector
3.7.1 Oil and Gas Systems In consideration of the permit thresholds, EPA considered theFugitive Emissions Reporting from the Petroleum and Natural Gas Industry: Backg round Technical Support Document (EPA-HQ

-OAR-2008-0508-0023). This document details combustion emissions and fugitive emissions from offshore petroleum and natural gas facilities, onshore natural gas processors, onshore natural gas transmission, underground natural gas storage, and liquid natural gas storage. EPA determined that oil and gas exploration, development, transmission, and distribution are not listed PSD source categories, and therefore fugitive emissions from these activities were not considered for PSD applicability as it relates to major source thresholds

. EPA's analysis focused on combustion emissions from these sources.
Potential to Emit
EPA considered ca

pacity utilization figure of 90 percent as published in the Federal Reserve's capacity

utilization data to determine PTE emission estimates and counts.
New Units
EPA determined new units based on a growth factor of 1.0 percent for the sector.

### 54

Threshold Summary

Table 57

CO2

### e Threshold Summary

-- Oil and Gas Systems

GHG Threshold (tons per year) Number of

Existing Sources Number ofNew

Facilities Added per Year CO2

### e Emissions Covered (Tg per year) 100 4762 48 88.264 250 4762 48 88.264 1,000 4762 48 88.264 5,000 3443 34 85.113 10,000 2602 26 80.314 25,000 1253 13 61.547 50,000 387 0 32.750 100,000 129 0 18.541



### 3.7.2 Underground Coal Mining GHG emissions from underground coal mining include CH4 

### fugitive emissions released from the coal seam and surrounding rock during mining and post-mining activities (coal bed CH4

### ), and fuel combustion emissions of CO2

### , CH4

### , and N2

### O.Fugitive CH4

### , emissions are captured and vented by ventilation systems and degassing systems. Captured and vented CH4 

### emissions from active mines were considered in the PTE analysis. Because underground coal mining is not one of the 28 PSD source categories for which fugitive emissions were required to be included in the emissions determination, f ugitive emissions from post mining operations, surface mines, and inactive mines were not included in the permit thresholds analysis

. The Technical Support Document for Underground Coal Mines: Proposed Rule for Mandatory Reporting of Greenhouse Gases (EPA-HQ

-OAR-2008-0508-0032) identified 612 active underground coal mining facilities but analysis of CH4 

### emissions was limited to 128

"gassy" mines where CH4 

### monitoring was already in place (due to existing CH4 

### emissions above Mine Safety and Health Administration (MSHA) threshold levels). The U.S

. GHG Inventory (EPA, 2008) reports that 233 underground coal mines (including 133 gassy mines) ventilated CH4 

### in 2007. Fuel combustion emission estimates for the GHG MRR TSD from all underground coal mines, based on U.S. Census energy use data, were found to comprise between one and three percent of total CO2

### e emissions, with coal bed CH4 

### accounting for the bulk of GHG emissions.

### 55

In addition to the emissions data on the 128 gassy mines contained in the GHG MRR TSD, EPA considered combustion emissions from 289 bituminous underground coal mines, using U.S. Census data from 2002.
Potential to Emit
CH4 

### CH4 

### emission estimates that were developed for the GHG MRR TSD were used for both actual emissions and PTE emissions permit threshold analysis

. EPA assumed that venting and degassing were continuous throughout the year; therefore, actual emission estimates equal PTE emission estimates. The estimates considered 128 gassy mines, which were assumed to be the largest emitters of vented CH4

### . The smallest mine ofthis group had annual CH4 

### emissions of 26 tons; therefore EPA assumed that the annual CH4 

### emissions from the 105 vented mines that were not included in the TSD analysis were less than 26 tons

. CO2 

### CO2 

### emissions were estimated in the same manner as for other Unspecified Industrial Stationary

Combustion categories, based on the ICF analysis (ICF, 2007) using the MECS approach. Emissions were estimated based on Census information including fuel consumption per employee and the distribution of establishments by the number of employees. PTE was estimated by

using a capacity

utilization factor of 86.3 percent as published by the Federal Reserve

. New Units The number of underground bituminous coal mines in the U.S. is on the decline. EIA data show that only

Colorado had an increase in the number of underground coal mines between 2006 and 2007 (EIA, 2008). The EIA data show that overall the number of underground coal mines decreased from 2006 to 2007 by eight percent; consequently, EPA assumed no new underground mines would be built. http://www.eia.doe.gov/cneaf/coal/page/acr/table1.html

### 56

Threshold Summaries Threshold summary

tables are shown below for CH4 

### (vented fugitive emissions), CO2 

### (fuel combustion), and CO2

### e (vented fugitive CH4 

### and combustion CO2

### ).

Table 58 CO2 

### Threshold Summary

-- Underground Coal Mining

GHG Threshold (tons per year) Number of

Existing Sources Number ofNew

Facilities Added per Year CO2

### e Emissions Covered (Tg per year) 100 238 0 0.783 250 202 0 0.778 1,000 63 0 0.692 5,000 30 0 0.577 10,000 30 0 0.577 25,000 0 0 0



### Table 59 CH4 

### Threshold Summary

-- Underground Coal Mining

GHG Threshold (tons per year) Number of

Existing Sources Number ofNew

Facilities Added per Year CO2

### e Emissions Covered (Tg per year) 100 110 0 1.586 250 110 0 1.586 1,000 110 0 1.586 5,000 53 0 1.420 10,000 38 0 1.361 25,000 24 0 1.147 50,000 13 0 0.784 100,000 1 0 0.105

### 57 Table 60 CO2

### e Threshold Summary

-- Underground Coal Mining

GHG Threshold (tons per year) Number of

Existing Sources Number ofNew

Facilities Added per Year CO2

### e Emissions Covered (Tg per year) 100 238 0 39.520 250 238 0 39.520 1,000 126 0 33.945 5,000 124 0 33.943 10,000 123 0 33.936 25,000 103 0 33.606 50,000 78 0 32.800 100,000 55 0 31.241



### 3.8 Waste Sector
3.8.1 Landfills
The landfill PTE analysis includes both municipal solid waste (MSW) landfills and onsite industrial landfills associated with pulp and paper and food processing. The analysis used a modification of the landfill emission modeling approach used for the proposed GHG MRR threshold analysis. Like the GHG MRR analysis, the permit threshold PTE analysis did not include onsite industrial landfills for ethanol processing facilities or industrial land application systems.
GHG Emissions
Decomposition of waste in landfills generates CH4 

### and CO2

### . The amount of CH4 

### generated from a given landfill is a function of several factors: the total amount of waste disposed in the landfill, the characteristics of the waste, and the climatic conditions

. The amount of CH4 

### emitted is the amount of CH4 

### generated minus the amount of CH4 

### oxidized by aerobic microorganisms in the landfill cover material. Also subtracted from the total is the amount of CH4 

### that is destroyed by combustion of the vented gas. The CO2 

### produced by decaying waste is not considered an anthropogenic emission, and is not counted in GHG emission totals. Likewise, CO2 

### resulting from the combustion of landfill CH4 

### is not accounted for as an anthropogenic emission under international accounting guidance. According to the 2008 U.S. Inventory, MSW landfills emitted 111.2 million metric tons CH4 

### (CO2

### e basis) in 2006

. The majority of the CH4 

### emissions from on

-site industrial landfills

### 58

occurs at pulp and paper facilities and food processing facilities

. In2006, these landfills emitted 14.6 million metric tons CO2

### e
Potential to Emit The methodology

used for the proposed GHG MRR threshold analysis was also used to estimate CH4 

### generation rates and emissions in 2006 for the PTE analysis. A landfill

-specific model developed by EPA to support its proposed GHG MRR was used to estimate CH4 

### generation and potential generation from municipal landfills. The generation estimate was adjusted with assumptions on oxidation in landfill cover, and destruction by combustion for energy recovery or flaring. The industrial landfill generation and emission estimates are based on the U.S. GHG Inventory. Industrial landfills were assumed not to have energy recovery or flaring, so there was no difference between generation and emissions.
New Units
EPA did not estimate the number of new facilities added each year with CH4 

### emissions above the different thresholds due to the time delay between landfill construction and emission generation.
3.8.2 Municipal Solid Waste Combustors
The threshold analysis for the proposed GHG MRR included municipal solid waste combustors (MWC) in the general stationary fuel combustion category. The analysis used the eGRID database, which is discussed in the PTE methodology description for electric generating units. Data and Methodology
EPA used the latest version of the eGRID database (2006) to estimate the PTE of MWC facilities and counts of facilities above the different emission thresholds. The eGRID database includes year 2004 characteristics, operating information, and annual CO2 

### emissions for U.S. facilities that have a generation capacity greater than one MW and sell electric power to the grid. By using eGRID, EPA assumed that all MWC facilities sell power to the grid.
Potential to Emit
EPA identified 75 MWC facilities based on the generator primary fuel in the generator table (primary

fuel equals MSW) in the eGRID database. The eGRID database contains CO2 

### annual emissions estimates for the facilities. For CO2 

### emissions, eGRID uses a standard assumption that 70 percent of the heat value of the waste stream comes from renewable materials and 30 percent comes from nonrenewable materials. The renewable fraction has a CO2 

### emission rate of zero; therefore, the PTE threshold analysis is based on the nonrenewable or fossil fraction assumption. EPA estimated PTE by dividing the annual emissions from eGRID by the eGRID plant capacity

factor.

### 59

New Units To determine the number of new per year at different thresholds, EPA counted the number of generators online each year, and totaled the nameplate capacity for each online year. This information was compared to the total facility nameplate capacity, and the PTE for the increased capacity was calculated by multiplying the facility PTE by the fraction of nameplate capacity associated with the new generators. EPA counted the facilities that exceeded the PTE thresholds during each period, and computed a 15

-year average to determine the number of new or modified facilities per year. Threshold Summary

Table 61

CO2 

### Threshold Summary

-- Municipal Solid Waste Combustors

-

GHG Threshold (tons per year) Number of

Existing Sources Number ofNew

Facilities Added per Year CO2 

### Emissions Covered (Tg per year) 100 75 2 6.255 250 75 2 6.255 1,000 75 2 6.255 5,000 75 2 6.255 10,000 75 2 6.255 25,000 74 2 6.24 50,000 67 1 6.071 100,000 40 1 4.958



### 3.9 Agriculture (Stationary Fuel Combustion)
The analysis for the Agriculture sector was limited to stationary fuel combustion CO2 

### emissions from internal combustion diesel engine generators. Fugitive emissions of CH4 

### from enteric fermentation, and CO2

### , CH4

### and N2

### O from manure management were not included because farms and related operations are not in the 28 PSD source categories that require quantification of fugitive emission PTE for determining major source status, and because of the large uncertainties and lack of information on determining what component of the non

combustion emissions at agricultural operations would be defined as non-fugitive for PSD purposes. Fuel combustion for building space heating and other farm purposes were not included in the estimates, but would be a component of farm PTE.

### 60

Data and Methodology
EPA used the 2007 ICF analysis to estimate the number of farms covered by the different thresholds (ICF, 2007). Emissions from diesel generators on farms were estimated using data on the average generator size in Delaware (EEA, 2004), and data on energy use on farms for non

transport/non

-machinery

motors (Brown and Neal 2005). Using these data, EPA estimated the number of diesel generators on farms and apportioned the generators across farm sizes, assuming no farm has more than one generator.
Potential to Emit EPA assumed that a high proportion offarms would run the generators infrequently, and a smaller proportion would have a generator as the only power source, requiring nearly constant operation

. EPA used this distribution to determine actual and potential emissions, with PTE emissions based on the assumption that the generators ran 24 hours per day, 365 days per year. EPA recognizes that this approach underestimates the PTE for all farm stationary fuel combustion sources, because it is limited to diesel engine generators used primarily to run pumps and motors, and does not include additional sources such as fuel combustion for drying and curing, space heating, and water heating.
New Units New generator installations were estimated based on information in the Regulatory Impact Analysis (RIA) for the spark ignition stationary combustion engine NSPS and area NESHAPS (EPA, 2007). The on

-farm engine population of diesel generators used for irrigation increased four percent between 1998 and 2003, or about 0.8 percent annually

.

### 61

Threshold Summary

Table 62

CO2 

### Threshold Summary

-- Farm Stationary IC Engines

CO2 

### Threshold (tons per year) Number of

Existing Sources Number of New Engines Added per Year CO2 

### Emissions Covered (Tg per year) 100 37,351 299 0.512 250 37,351 299 0.512 1,000 0 0 0 5,000 0 0 0 10,000 0 0 0 25,000 0 0 0 50,000 0 0 0 100,000 0 0 0



### 3.10 Commercial Stationary Fuel Combustion
Data Source
EPA used EIA's Commercial Building Energy Consumption Survey

(CBECS) to estimate commercial sector stationary fuel combustion GHG emissions and PTE. CBECS is a national sample survey

that collects information on the stock of U.S. commercial buildings, their energy

related building characteristics, and their energy consumption and expenditures. Commercial buildings include all buildings in which at least half of the floor space is used for a purpose that is not residential, industrial, or agricultural; thus, the source category includes building ty pes that might not traditionally

be considered "commercial," such as schools, correctional institutions, and buildings used for religious worship. The CBECS survey is conducted every

four years and the most recent survey

was completed for 2003

. The CBECS survey

sample was designed so that survey responses could be used to estimate characteristics of the entire nationwide commercial building stock. The 2003 survey selected 6,955 potential case buildings for sampling. The sampling procedures resulted in 5,215 completed building interviews for a response rate of 82 percent. To make national estimates from the sample data, EIA calculated base sampling weights for each building (the reciprocal of the probability

of that building being selected into the sample). In other words, the base sampling weight is the number of national buildings represented by the sampled building. The base weight was further adjusted to account for nonresponsive bias.

### 62

EIA publishes summary

tables from the survey, and posts "microdata" files on the EIA website. The CBECS microdata consist of the 5,215 sampled building records, which each correspond to a single sampled building. For each building, these files contain information such as the building size, climatic region, census region, year constructed, types of energy used, and energy consumption and expenditures. These individual building microdata records are also the basis for the summary

tables published by

EIA. Emissions Methodology
EPA used the CBECS microdata to estimate commercial building emissions and populations above emission thresholds. Each of the 5,215 microdata records corresponds to a single sampled building. EIA has made available 20 different data files of the microdata records which contain a wide range of information on characteristics and energy use for each building.
EPA's analysis relied on guidance provided by EIA on how to use the data. As noted above, the CBECS sample was designed so that survey responses could be used to estimate characteristics of the entire commercial building stock nationwide. The table below provides examples from EIA on how to calculate national commercial building characteristics from the sample building data.

Table 63 EIA Website Examples

To Find the National Estimate for: Do This... And You Should Get... Total number of buildings Sum ADJWT8 (weight factor) 4,858,749.82 (or 4,859 thousand) Total number of office buildings Sum ADJWT8 for cases where PBA8 (building code) = "02" 823,805.47 (or 824 thousand) Total floor space Create a new variable (weighted square footage) by multiplying ADJWT8 by SQFT8 (floor space) for each case, then sum this new variable 71,657,900,522 (or 71,658 million ft2

### )

Total floor space in buildings with air conditioning Sum the new weighted square footage variable (see above) for cases where COOL8 (air conditioning) = "1" 63,559,999,624 (or 63,560 million ft2

### ) Total electricity consumption in KWh Create a new variable (weighted electricity consumption) by multiplying ADJWT8 by ELCNS8 (electricity consumption) for each case, then sum this new variable 1,043,175,710,751 (or 1,043 billion kWh)

Source: http://www.eia.doe.gov/emeu/cbecs/cbecs2003/public_use_2003/cbecs_pudata2003.html



### EIA calculated base sampling weights for each surveyed building (these are the reciprocal of the probability of that building being selected into the sample). Therefore, a building with a base weight of 1,000 represents itself and 999 similar but unsampled buildings in the total building stock. The base weight is further adjusted to account for non

-response bias.

### 63

The variable "ADJWT8" in the data file is the final weight. The ADJWT8 weight factor is used as described in Table 63 to extrapolate the survey sample to a national scale for any value. In order to obtain a national value each sample building's value must be multiplied by the building's weight (ADJWT8). All ofthe weighted values are then summed.
2003 CO2 

### Emissions
EPA calculated the CO2 

### emissions for each of the 5,215 buildings based on the annual natural gas and oil consumption reported for the building. For national emission estimates and counts of buildings with annual CO2 

### emissions over any threshold, EPA multiplied the base weights by

the sample emission totals to determine the national estimate of buildings with emissions over the threshold

. Potential to Emit EPA estimates that commercial buildings operate at 15 percent of capacity. EPA considered several sources in making the PTE factor determination:

● A report prepared by

Energy and Environmental Analysis, Inc. for Oak Ridge National Laboratory describing the industrial and commercial boiler population in the United States (EEA, 2005). The report estimated an average commercial boiler capacity factor of 16 percent

.

● Reports on cooking equipment energy use by the Food Service Technology Center in California suggesting that the cooking equipment in food service establishments operate at about ten percent of a theoretical maximum capacity based on 8,760 hours per year (Pechan, et.al, 2008).
● A study

of Los Angeles dry

cleaners performed by

the Pollution Prevention Education and Research Center (PPERC) in 2004 which demonstrates that dry cleaners operate boilers at about ten to 15 percent of maximum capacity over a normal year (Pechan, et al., 2008). New Buildings The CBECS data identifies the year the sampled buildings were constructed. We used the construction year information to identify the number of new buildings built each year in the 1990 to 2003 period. Counts of the average number of these buildings built per year were then made at the different emissions and PTE thresholds.
Threshold Summary The count of buildings and emissions at the threshold levels for the entire sector are shown in the table below. Threshold results by commercial building categories (e.g., offices, public assembly, schools) are provided in Appendix B.

### 64 Table 64 CO2 

### Threshold Summary

-- Commercial Sector Stationary Fuel Combustion

CO2 

### Threshold (tons per year) Number of

Existing Sources Number ofNew

Facilities Added per Year CO2 

### Emissions Covered (Tg per year) 100 1,355,921 22,123 119.262 250 731,477 12,041 105.306 1,000 172,654 2,922 69.885 5,000 18,167 196 29.384 10,000 5,660 96 17.765 25,000 1,161 7 8.790 50,000 600 3 6.003 100,000 51 2 1.012



### 3.11 Residential Buildings
Data Sources
EPA used residential fuel consumption data from EIA's Residential Energy Consumption Survey, and multi

-family building and unit data from U.S. Census (Census) surveys to estimate CO2

### emissions and PTE for fuel combustion at single and multi

-family residential properties. The RECS is a national area

-probability sample survey

that collects energy

-related data for occupied primary

housing units. The most recent 2005 survey collected data from 4,382 households in housing units statistically selected to represent the 111.1 million housing units in the United States. RECS data are tabulated for the four Census regions, the nine Census divisions, and for the four most populous States

-- California, Florida, New York, and Texas. The RECS sample was designed so that survey responses could be used to estimate characteristics of the national stock of occupied housing units. In order to arrive at national estimates from the RECS sample, EPA calculated base sampling weights for each housing unit as the reciprocal of the probability of that building being selected into the sample. Therefore, a housing unit with a base weight of 10,000 represents itself and 9,999 similar, but not sampled housing units in the total stock of occupied residential housing units. The base weight is further adjusted to account for non

-response bias. Ratio adjustments were also used to ensure that the RECS weights add up to Census Current Population Survey estimates of the number of households

. The RECS data are provided at the housing unit level, and not at the building level. EPA used additional data from the Census on multi

-family building population characteristics to estimate total property emissions and PTE for multi

-unit properties. Census data were from two

### 65

sources: the Property

Owner and Manager Survey (POMS, 1996) and the American Housing Survey (AHS, 2005).
3.11.1 Single

-Family Homes The RECS data was used directly to estimate CO2 

### emissions from fossil fuel combustion at single

-family

housing units for space heating, water heating, and appliances. EPA assumed that each unit in an attached single

-family building was a separate source, with combustion equipment under different ownership. The annual energy

consumption by

fuel (1,000 Btu’s) for the surveyed unit was multiplied by

the fuel CO2 

### emission factor to estimate annual emissions. Total single-family unit emissions for the entire country were calculated by

multiplying CO2 

### emissions for each units by the base sampling weight.
Potential to Emit
The PTE for a single

-family unit was calculated by dividing the CO2 

### emissions f rom the unit by a capacity

factor of 0.1. This factor was estimated by comparing the average annual CO2 

### emissions per heated floor space area per hour by climate zone, to required heat input capacity

. The required heat input capacity was based on rule ofthumb heating system requirements for the different climate zones. The table below shows the average Btu/ft2

### -hour from the RECS data and Heating Requirement (Btu/ft2

### ) by climate zone. A heating system efficiency of 80 percent was used to estimate the required space heating capacity

.

Table 65 Single

-Family Detached and Attached Households with Fossil Fuel

-Fired Space Heating

(from RECS, 2005)

Households (millions) Climate

Zone(s) Heating Degree

Day Range Average Annual Fuel

Consumption (Btu/f t2

### -hour) Space Heating

Requirement* (Btu/f t2

### ) 6.8 5 > 7,000 4.8 50

– 60 16.7 4 5,500

– 7,000 5.4 45

– 50 17.0 3 4,000

– 5,499 4.6 40

– 45 18.9 1 and 2 < 4,000 3.8 Zone 2: 35

– 40 Zone 1: 30

– 35

* Heating requirement ranges are from www.acdirect.com/systemsize.php

### 66

3.11.2 Multi-Family Residential Buildings
Emission Rates
As noted earlier in the Data Source section, the RECS data are on an individual unit basis, not building or property basis, so a different approach was required for multi

-family units where EPA assumed common ownership of the property fuel combustion equipment. In order to estimate property emissions and the number of properties above different emission and PTE thresholds, EPA combined the RECS data with data from the POMS and AHS.
From the RECS data, EPA first calculated average residential unit CO2 

### emissions for the two most common fuels (natural gas and oil) by multi

-family category. These are shown in the table below.

Table 66

Multi

-Family Residential Unit

-- Average Annual CO2 

### Emissions

(from RECS, 2005)

Multi

-Family Category (number of units) Natural Gas Space Heating (tons CO2

### /residential unit-year) Fuel Oil Space Heating (tons CO2

### /residential unit-year) 2 to 4 units 4.8 8.3 5 or more units 3.0 8.9



### EPA also obtained annual CO2 

### emission rates from an EPA analysis that was based on Lawrence Berkeley

National Lab (LBNL) modeling studies. Those rates were estimated f or old and new building units (see Table 67). The pre-1980 building estimate compares with the overall average from the RECS data. The post-1980 building estimates are much lower, particularly for units burning fuel oil.

Table 67

Multi

-Family Residential Unit

-- Average Annual CO2 

### Emissions (from 2008 EPA Analysis based on LBNL, 1997)

Multi

-Family Category (building age) Gas Serviced Units

(tons CO2

### /residential unit-year) Fuel Oil Serviced Units (tons CO2

### /residential unit-year) Pre

-1980 building 4.75 7.17 Post

-1980 building 2.65 3.87

### 67

Existing Property Characteristics
Information on the distribution of multi

-family properties by

number of units per property was taken from the 1995

– 1996 POMS. The data are aggregated by different housing unit ranges. The table below shows the property size distribution from unpublished POMS data (NMHC Quick Facts

-- Apartment Stocks (http://www.nmhc.org)). The POMS data were for privately owned housing only, and excluded public housing projects (about 13,500 buildings and 1,326,000 units). For our estimates, the building numbers were adjusted to current (2005) levels based on the RECS unit data (unit ratio of RECS to POMS). EPA assumed the same unit distribution in the adjustment.

Table 68

Multi

-Family Residential Property Size Distribution (from National Multi-Housing Council tabulation of unpublished POMS data 1995 – 1996)

Number of Rental Units on Property Number of Properties (1995

– 1996) Number of Units (1995

– 1996) Average Number

ofUnits per Property 2 1,558,700 3,093,200 2 3 336,030 1,025,900 3 4 341,350 1,436,800 4 5 – 9 281,500 1,897,700 7 10

– 14 70,390 862,280 12 15

– 19 36,780 602,260 16 20

– 29 38,000 916,750 24 30

– 39 18,166 604,240 33 40

– 49 14,431 702,790 49 50

– 99 26,694 2,009,400 75 100 – 199 19,804 2,952,300 149 200 – 299 7,775 1,948,400 251 300 – 399 2,966 1,058,800 357 400 – 499 1,307 605,130 463 500 – 749 723 431,360 597 Over 750 307 437,670 1,426 Total 2,754,923 20,584,980

### 68

The adjusted POMS size distribution and average number of units in each category were combined with information from RECS on the percentage of units that use gas or oil for space heating. The gas and oil emission factors from the previous tables were applied to the average number of units in each property size category by fuel to estimate property annual CO2 

### emissions.
For our final estimates we used the LBNL based emission factors for post-1980 buildings, over the RECS based factor. We found that these lower emission factors resulted in total emissions more in line with the total based on all RECS units and residential sector estimates in the U.S. Greenhouse Gas Inventory. The RECS-based factors combined with the POMS property

distribution data resulted in a larger overestimate in overall category annual emissions. The lack of information on the building population over 50 units, and lack of information on the correlation between unit emissions and the building/property size are large sources of uncertainty in the estimates at thresholds above 1,000 tons.
Potential to Emit
PTE was estimated using the same ten percent capacity factor as used for the single family residential units New Properties The AHS data provided information on new construction used to estimate the number of new buildings and new units with natural gas space heating that were constructed in the 1999

– 2005 period. To simplify the analysis, EPA ignored the limited use of fuel oil for space heating in new units. The AHS data provided separately the number of new buildings with gas space heating per year, and a size distribution for all new buildings per year. The AHS size distribution stopped at 50 and larger, and was slightly different in other categories from the POMS data

. EPA adjusted the distribution based on the POMS distribution and then used the same emission and capacity factor approach as used for existing units.

### 69 Table 69 American Housing Survey New Building Data

Building Size: Number ofUnits per Building Number ofNew

Buildings per Year (1999 – 2005) (thousands) Fraction ofAll

NewBuildings per Year (1999

– 2005) NewGas Buildings

per Year (1999

– 2005) (thousands) Number ofNew

Gas Buildings per Year 2 6.3 0.22

16.0 3,468 3 – 4 5.4 0.19 2,995 5 – 9 6.1 0.21 3,389 10

– 19 6.0 0.21 3,310 20

– 29 3.1 0.11 1,734 30

– 49 1.0 0.03 552 50 or more 1.0 0.03 552 Total 29.0 1.00 16.0 16,000

### 70

Threshold Summary

Table 70

CO2 

### Threshold Summaries

-- Residential Sectors

Threshold (tons per year) Number of

Existing Sources Number of New

Facilities Added per Year CO2 

### Emissions

Covered (Tg per year) Multi-Family Residential

100 610,500 11,300 54.285 250 137,000 6,400 42.192 1,000 51,200 1,100 32.399 5,000 7,800 120 14.934 10,000 1,400 20 4.933 25,000 160 3 1.392 50,000 20 0 0.006 100,000 0 0 0 Single

-Family Residential

100 3,925,000 33,000 51.408 250 45,350 515 1.670 1,000 0 0 0 Total Residential Sector

100 4,535,500 44,300 105.693 250 182,350 6,915 43.862 1,000 51,200 1,100 32.399 5,000 7,800 120 14.934 100,00 1,400 20 4.933 25,000 160 3 1.392 50,000 20 0 0.006 100,000 0 0 0

### 71

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-HQ

-OAR-2008-0508- 0020).
U.S. Environmental Protection Agency (EPA), Office of Air and Radiation, Technical Support Document for the Petrochemical Production Sector: Proposed Rule for Mandatory Reporting of Greenhouse Gases, September 9, 2008 (EPA

-HQ

-OAR-2008-0508-0024).
U.S. Environmental Protection Agency (EPA), Office of Air and Radiation, Technical Support Document for the Petroleum RefiningSector: Proposed Rule for Mandatory Reporting of Greenhouse Gases, September 9, 2008 (EPA

-HQ

-OAR-2008-0508-0025).
U.S. Environmental Protection Agency (EPA), Office of Air and Radiation, Technical Support Document for the Phosphoric Acid Production Sector: Proposed Rule for Mandatory Reporting of Greenhouse Gases, February 20, 2009 (EPA-HQ

-OAR-2008-0508-0026).
U.S. Environmental Protection Agency (EPA), Office of Air and Radiation, Technical Support Document for the Pulp and PaperSector: Proposed Rule for Mandatory Reporting of Greenhouse Gases, February 11, 2009 (EPA-HQ

-OAR-2008-0508-0027). U.S. Environmental Protection Agency (EPA), Office of Air and Radiation, Technical Support Document for the Silicon Carbide Production Sector: Proposed Rule for Mandatory Reporting of Greenhouse Gases, January 22, 2009 (EPA-HQ

-OAR-2008-0508-0028). U.S. Environmental Protection Agency (EPA), Office of Air and Radiation, Technical Support Document for the Soda Ash ManufacturingSector: Proposed Rule for Mandatory Reporting of Greenhouse Gases, January 22, 2009 (EPA-HQ

-OAR-2008-0508-0029). U.S. Environmental Protection Agency (EPA), Office of Air and Radiation, Technical Support Document for the Titanium Dioxide Production Sector: Proposed Rule for Mandatory Reporting of Greenhouse Gases, January 22, 2009 (EPA-HQ

-OAR-2008-0508-0031).

### 75

U.S. Environmental Protection Agency (EPA), Office of Air and Radiation, Technical Support Document for Underground Coal Mines: Proposed Rule for Mandatory Reporting of Greenhouse Gases, February 4, 2009 (EPA-HQ

-OAR-2008-0508-0032). U.S. Environmental Protection Agency (EPA), Office of Air and Radiation, Technical Sup port Document for the Zinc Production Sector: Proposed Rule for Mandatory Reporting of Greenhouse Gases, January 22, 2009 (EPA-HQ

-OAR-2008-0508-0033).

### 76 Appendix A Sector Permit Threshold Counts and Emissions by GHG
The listed electronic spreadsheet files contain the permit threshold counts and emissions for each sector and subsector by GHG. These listed files are included in separate files in the docket (EPA-HQ

-OAR

-2009-0517). Please refer to the following file names for additional information on specific sectors and GHGs: ● GHG Data for Permitting Threshold Rule Development - CO2e.xls ● GHG Data for Permitting Threshold Rule Development - CO2.xls ● GHG Data for Permitting Threshold Rule Development - CH4.xls ● GHG Data for Permitting Threshold Rule Development - N2O.xls ● GHG Data for Permitting Threshold Rule Development - HFC.xls ● GHG Data for Permitting Threshold Rule Development - PFC.xls ● GHG Data for Permitting Threshold Rule Development - SF6.xls

### 77 Appendix B Commercial Building Sector

-- Permit Threshold Results by Commercial Category

Please refer to the electronic file "Commercial Building Category CO2 Permit Threshold Results.xls." in the docket for EPA

-HQ

-OAR

-2009-0517.