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lD1GOEC 29 PH 2: II

State of New Mexicd<'

Office ofdie <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 of an amended 20.11.1 NMAC, General

Provisions, and 20.11.61 NMAC, Prevention ofSignificant Deterioration, and 20.11.42,

Operating Permits, as an update to the Title V Program

Dear Dr. Armendariz,

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

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

Specifically, I am transmitting an amended 20.11.1 NMAC, General Provisions, and an

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

approval of an update to the Title V Program through the incorporation of an amended 20.11.42

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

Mexico.

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

NMAC, General Provisions, 20.11.61 NMAC, Prevention of Significant Deterioration, and

20.11.42 NMAC, Operating Permits on December 8, 2010, after a public comment period and

corresponding public hearing held the same evening. These regulations were filed with the New

Mexico State Records Center on December 10, 2010, and become effective locally on January

10, 2011. We believe that the submitted materials provide adequate documentation to support

the requested SIP revision and Title V Program update.

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

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

2) Hearing record, including transcripts and exhibits

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

3) Comments received

4) The amended regulations, 20.11.1 NMAC, General Provisions, 20.11.61 NMAC,

Prevention ofSignificant Deterioration and 20.11.42 NMAC, Operating Permits

5) Other supporting documentation

Your favorable consideration ofthis request would be appreciated. If you have any questions,

please contact Mary Lou Leonard, Director ofthe Albuquerque Environmental Health

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

Sincerely,

Bill Richardson

Governor ofNew Mexico

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

Ms. Mary Uhl, Chief, Air Quality Bureau, NM Environment Department

Ms. Mary Lou Leonard, Director, Albuquerque Environmental Health Department

Ms. Margaret Nieto, Control Strategies Supervisor, Albuquerque Air Quality Division
ATTACHMENT D

Attachment D is a copy ofthe Notice ofIntent to testifY, including exhibits, filed on November 19, 1010 and

exhibit(s)filed on December 8,1010.
BEFORE THE ALBUQUERQUE-BERNALILLO COUNTY

AIR QUALITY CONTROL BOARD

AQCB Petition No. 2010-4

Air Quality Division,

Environmental Health Department,

City of Albuquerque, Petitioner

'J

"

CITY OF ALBUQUERQUE'S NOTICE OF INTENT TO PRESENT TECHNICAL

TESTIMONY

Pursuant to 20.11.82 NMAC, Rulemaking Procedures - Air Quality Control Board, The

City ofAlbuquerque Environmental Health Department, Air Quality Division ("the Division")

hereby submits its Notice of Intent 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 of each 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 of New 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 of which

Notice ofIntent Page I of 7
have been in the Air Quality Division. Chiefresponsibility is the promulgation of air 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 of Albuquerque's

Environmental Health Department, Air Quality Division for 13 + years. Previously employed by

the State of New 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 of Testimony

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 ofSignificant

Deterioration (PSD) & Title V Greenhouse 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 of Intent Page 2 of 7
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 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 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 or have

potential to emit at least 100,000 tpy C02e will be subject to PSD requirements. If a physical

change or a change in the method of operation 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 subject to GHG permitting under Step I will continue to be subject to

Notice ofIntent Page 3 of 7
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 of certain sources. Step 3 will

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

Mr. Butt's testimony is anticipated to take approximately 30 minutes.

4. Text of Recommended Revisions to the New Mexico State Implementation Plan

The Division recommends adoption ofthe proposed amendments to 20.11.61

NMAC, Prevention ofSignificant Deterioration; 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

September 28, 20 I0, shown as AQD Exhibit # I, and as amended by the Staff Proposed Floor

Amendments shown as AQD Exhibit #7.

5. List and Description of Exhibits

The Division has attached the following exhibits to this Notice oflntent:

Exhibit Number

AQD Exhibit I

Title of Exhibit

Petition to Amend 20.1\.61 NMAC, Prevention ofSignificant

Deterioration; 20.11.42 NMAC, Operating Permits; and 20.11.1 NMAC,

General Provisions

Notice ofIntent Page 4 of 7
AQD Exhibit la

AQD Exhibit Ib

AQD Exhibit Ie

Public Review Draft 20.11.61 NMAC, Prevention ofSignificant

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 of Proposed 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 of 7
6. Reservation of Rights

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 or public 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, 20 I0, 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 of 7
ALBUQUERQUE-BERNALILLO

COUNTY AIR QUALITY CONTROL

BOARD PUBLIC HEARING

Amendments to 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 State Implementation

Plan For Air Quality (SIP)

December 8,2010

Exhibits
: ,... ·lfk'l~·

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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 of Signiflcant

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 of Albuquerque, Petitioner

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)

The Environmental Health Department ofthe City of Albuquerque, 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

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 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, 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

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. If a

physical change or a change in the method of operation 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 of certain

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 of 20.11.61 NMAC, Prevention of

Significant Deterioration; 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

Significant Deterioration; 20.11.42 NMAC, Operating Permits; and 20.11.1 NMAC,

General Provisions, 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

4
20.11.61.4 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 of a 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 of Albuquerque 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, I L6Ll NMAC - Rp, 20, I L6Ll NMAC, 1/23/06; A, 8/30/1 0] 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 of 20, 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 lacks jurisdiction;

(2) each regulated new source review pollutant emitted by a source or modification located in a

nonattainment area for that pollutant;

(3) after a public hearing. consistent with the public notice and participation provisions 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 a major 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 of operation at the new location; such notice shall be given to the

department not less than 10 days in advance ofthe proposed relocation unless a different time duration is previously

approved by the department;

(4) sources or modifications that would be major only if quantifiable fugitive emissions are

considered in calculating the potential to emit, and the source does not belong to:

(a) any category in Table I of 20.1 L6L26 NMAC; or

(b) any other stationary source category which as of August 7. 1980, is being regulated under

Section 1I 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

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20.1 L61 NMAC Public Review Draft 9/28/10
I 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 of the national ambient air

3 quality standards or determined to be unclassifiable pursuant to Section 107(d) of the 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, General Provisions, 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 of emissions of a regulated new source review pollutant

II from an emissions unit, as determined in accordance with Paragraphs (2) through (4) of Subsection 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 of a 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 which is representative of normal source operation. The department shall allow the use of a different time

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

20 calculated using the unit's actual operating hours, production rates, and types of materials 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 of the 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 of visitor use ofthe federal class I area; and

33 (2) the frequency and timing of natural 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 of a proposed major stationary source or major modification that interferes with the management,

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

39 F. "AUowabie emissions" means the emissions rate of a 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 of operation, 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 of general 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 air public transportation to include the building of new public transportation facilities

54 or improvements to existing public transportation facilities to increase capacity; and the building of new 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 if required

by Subparagraph (b) ofParagraph (I) of Subsection I of20.l1.61.7 NMAC.

(2) For an existing emissions unit (other than an electric utility steam generating unit), baseline actual

emissions means the average rate. in tons per year, at which the emissions unit actually emitted the pollutant during

any consecutive 24-month period selected by the owner or operator within the 10 year period immediately preceding

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

application is received by the department for a permit required either under 20.11.61 NMAC or under a plan

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

earlier than November 15, 1990.

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

associated with startups, shutdowns, and malfunctions.

(b) The average rate shall be adjusted downward to exclude any non-compliant emissions that

occurred while 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,

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

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

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

requirements of40 CFR 51.1 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 if required

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

(3) For a new emissions unit, the baseline actual emissions for purposes of determining 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) of Subsection 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) of Subsection 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 air quality standard for such

pollutant. and is so designated under Section 107(d)( 1)(0) or (E) of the act.

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

source review pollutant. as determined in accordance with Paragraphs (I)-(4) of Subsection I of 20.11.61.7 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 of the project. The department shall allow the use of a different time period

upon a determination that it is more representative of normal source operation.

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

associated with startups, shutdowns, and malfunctions.

(b) The average rate shall be adjusted downward to exclude any non-compliant emissions that

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

consecutive 24-month period.

(c) For a regulated new source review pollutant, when a project involves multiple emissions

units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the

emissions units being changed. A different consecutive 24-month period can be used for each regulated new source

review pollutant.

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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 major modification establishing the minor

4 source baseline date would constnlct or would have an air quality impact equal to or greater 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 or be smaller

7 than the area of impact of any major stationary source or major modification 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 of determining the amount of available PM '0 increments, except that

13 such baseline area shall not remain in elIect if the department rescinds the corresponding minor source baseline date

14 in accordance with Paragraph (3) of Subsection [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 of the applicable minor source baseline date.

17 ( I) A baseline concentration is determined for each polIutant for which a minor source base line 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) of Subsection K of 20.11.61.7 NMAC;

21 (b) the allowable emissions of major 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 of physical onsite construction

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

31 installation of building supports and foundations, laying of underground pipework and constnlction of permanent

32 storage structures. With respect to a change in method ofoperation, this term refers to those on-site activities, other

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

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

35 entission standard) based on the maximum degree of reduction 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 of production 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 of best available controltecbnology result in emissions of any

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 of measurement methodology

43 to a particular emissions unit would make the imposition of an 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 of best available controltecbnology. Such standard shall, to the degree possible, set forth the

46 emissions reduction achievable by implementation ofsuch design, equipment, work practice, or operation, and shall

47 provide for compliance by means which achieve equivalent results.

48 N. ~Buildlng, struelure, faeillty, or installation" means all of the 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 of the same person (or persons under common control) except the activities of any vessel. Pollutant51 emitting activities shall be considered as part of the same industrial grouping if they 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
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P. "Commence" as applied to construction of a major stationary source or major modification,

means that the owner or operator has all necessary preconstruction approvals or permits and either has:

(I) begun. or caused to begin, a continuous program of actual on-site construction of the source, to be

completed within a reasonable time; or

(2) entered into binding agreements or contractual obligations, which cannot be cancelled or modified

without substantial loss to the owner or operator, to undenake a program of actual 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 of permit processing does not preclude the depanment from requesting or accepting any

additional information.

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

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

emissions.

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

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

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

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

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

U. "Continuous parameter mnnltoring system (CPMS)" means all of the equipment necessary to

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

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

(for example, gas flow rate, 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 of Albuquerque, 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 power distribution system for sale. Any steam supplied to a steam

distribution system for the purpose of providing steam to a steam-electric generator that would produce electrical

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

Y. "Emlsslnns unit" means any pan of a stationary source that emits or would have the potential to

emit any regulated new source review pollutant and includes an electric utility steam generating unit as defmed in

20.11.61.7 NMAC. For purposes of 20.11.61 NMAC, there are two types of emissions units as follows:

(I) a new emissions unit is any emissions unit that is (or will be) newly constructed and that has

existed 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) of Subsection Y of 20.11.61.7 NMAC. A replacement unit is an existing unit.

Z. "Federal land manager" means, with respect to any lands in the United States, a federal level

cabinet secretary of a federal level depanment (e.g. interior department) with authority over such lands.

AA. "Federally enforceable" means all limitations and conditions which are enforceable by the

administrator. including:

(I) those requirements developed pursuant to 40 CFR Parts 60 and 61;

(2) requirements within any applicable state implementation plan (SIP);

(3) any 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 5
I ((;(;.1 DO. "High terrain" means any area having an elevation 900 feet or more above the base of a

2 source's stack.

3 (DD.I n "Indian governinR body" means the goveming body of any tribe. band, or group of

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

5 self-goverrunent.

6 [~I !I. "Innondve control tecbnology" means any system of air pollution control that has not

7 been adequately demonstrated in practice. but would have a substantial likelihood of achieving greater continuous

8 emissions reduction than any control system in current practice or achieving at least comparable reductions at luwer

9 cost in terms of energy. economics, or non-air quality environmental 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 of emissions based on the following:

13 (1) the most stringent emissions limitation which is contained in the implementation plan of any 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 of this term permit a

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

20 applicable new source standard of performance.

21 [HH.)II. "Malor modificadon"

22 (1) Means any physical change in or change in the method of operation of a 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 of that 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 of nitrogen 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 of an 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 of a

32 natural gas curtailment plan pursuant to the Federal Power Act;

33 (c) use of an altemative Cuel by reason of an order or rule under Section 125 ofthe act;

34 (d) use of an alternative Cuel at a steam generating unit to the extent that the fuel is generated

35 from municipal solid waste;

36 (e) use of an 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 approved pursuant to 40 CFR Subpart I or 40 CFR 51.166; or

40 (ii) the source is approved to use under any permit issued under 40 CFR 52.21 or under

41 regulations approved pursuant to 40 CFR 51.166;

42 (I) an increase in the hours of operation 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 or 40 CFR 51.166;

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

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

47 demonstration project, provided that the project complies with:

48 (i) the state implementation plan 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 of any

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 of a very clean coal-frred electric utility steam generating unit.

20.11.61 NMAC Public Review Draft 9/28/10 6
I (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) of Subsection B of20.11.61.20 NMAC shall apply.

4 1"'1 JJ, "Major source baseline date" means:

5 (I) in the case of particulate mailer and sulfur dioxide, January 6, 1975; and

6 (2) in the case of nitrogen 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 of any regulated new source review pollutant;

II (b) notwithstanding the stationary source categories specified in Subparagraph (a) of Paragraph

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

13 tons per year or more of any 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 of 20.11.61.7 NMAC, as a major stationary source if the change would constitute a major

16 stationary source by itself.

17 (2) A major source that is major for volatile organic compounds or oxides of nitrogen shall be

18 considered major for ozone.

19 (3) The fugitive emissions of a 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 of August 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 sulfur dioxide; and

30 (b) February 8, 1988 for nitrogen dioxide.

31 (2) The baseline date is established for each pollutant for which increments or other 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) of the federal act for the

35 pollutant on the date of its complete application under 40 CFR 52.21 or 20.11.61 NMAC; and

36 (b) in the case of a major stationary source, the pollutant would be emilled in significant

37 amounts, or in the case of a 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 of determining the amount of available PMIO 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 ofPMIO emissions.

43 [MM.I NN, "Natural conditions" includes naturally occurring phenomena that reduce visibility as

44 measured in tel"1rui of visual 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 of 20.11.61.11 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) of Subsection 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 ifit occurs between:

5 (a) the date five years prior to the commencement of construction on the particular change; and

6 (b) the date tbatthe increase from the particular cbange occurs.

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

8 (a) it occurs between:

9 (i) the date five ye3f1l prior to the commencement of construction 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 if it is required to be

17 considered in calculating the amount of maximum allowable increases remaining available.

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

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 of actual emissions or the old level of allowable emissions, whicbever is lower,

22 exceeds the new level of actual 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 occurred becomes operational and begins to emit a particular pollutant; any replacement unit that

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

30 (8) Paragrapb (2) of Subsection 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 of the 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 of a stationary source to emit a

37 pollutant under its pbysical and operational design. Any pbysical or operational limitation on the capacity of the

38 soun:e to emit a pollutan~ including air pollutant control equipment and restrictions on bours ofoperation or on the

39 type or amount of material 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 of a 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 (for example, gas flow rate, 0, or CO, 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 pollutant in anyone ofthe five ye3f1l (I 2-month period) following the date tbe

51 unit resumes regular operation after the projec~ or in anyone of the 10 years following that date, if the 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 owner or

56 operator of the major stationary soun:e:

20. 11.61 NMAC Public Review Drart 9/28/10 8
I (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 of business 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 of using the method

13 set out in Subparagraphs (a)-(c) ofParagraph (2) of Subsection 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) of Subsection VV of20.11.61 NMAC as a constituent or precursor to such

17 pollutant; precursors identified by the administrator for purposes of new 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 of volatile 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) sfthe 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) of Subsection 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 of the 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 of a general pollutant listed under Section 108 oflhe Act. (6/3/10 FR)

42 (6) particulatemaller(PM)emissions.PM•• emissions, and PMIO 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 PMIO 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 of 40 CFR 60.15(b)(1), or the

55 emissions unit completely takes the place of an 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 9
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(3) The replacement unit does not change the basic design parameter(s) of the 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 of the construction or

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

major modification itself. For the purpose of 20.11.61 NMAC, secondary emissions must be specific, well defined.

quantifiable, and impact the same general areas as the stationary source or modification which causes the secondary

emissions. Secondary emissions include emissions from any offsite support facility which would not be constructed

or increase its emissions except as a result of the construction or operation ofthe major stationary source or major

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

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

[¥¥.I Zz. "Significant" means:

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

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

emission rates listed in Table 2 of 20.11.61.27 NMAC;

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

review pollutant that Paragraph (I) of Subsection [¥¥1ZZ of 20.11.61.7 NMAC, does not list, any emissions rate;

and

(3) notwithstanding Paragraph (I) of Subsection [¥¥]ZZ of 20.11.61.7 NMAC, any emissions rate or

any net emissions increase associated with a major stationary source or major modificatio~ which would construct

within 10 kilometers of a 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 of Title 40 of the CPR, that requires actual control of the quantity of emissions of that pollutant, and that

such a control requirement has taken effect and is operative to control, limit or restrict the quantity of emissions of

that pollutant released from the regulated activity. Except that:

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

and (5) of Subsection CCC of 20.11.61.7 NMAC.

(2) For purposes of Paragraphs (3) through (5) of Subsection CCC of 20.11.61.7 NMAC, the term

"tpy CO, equivalent emissions (CO",)" shall represent an amount of GHGs emitted, and shall be computed as follows: "

(a) Multiplying the mass amount of emissions (!Py), for each of the six greenhouse gases in the

pollutant GHGs, by the gas's associated global warming potential published at Table A I to subpart A of part 98 of

Chapter I of Title 40 of the CFR - Global Warming Potentials.

(b) Sum the resultant value from Subparagraph (a) of Paragraph (2) of Subsection CCC of

20.11.61.7 NMAC for each gas to compute a tpy CO,e.

(3) The term "emissions increase" as used in Paragraphs (4) and (5) of Subsection CCC of 20.11.61.7

NMAC, shall mean that both a significant emissions increase (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 of 20.11.61.7 NMAC and

Subsection ZZof 20.11.61.7 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 of applying 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 of a regulated NSR pollutant, and an emissions increase

of 75,000 tpy CO,e or more; and,

(5) "Beginning July 1,2011, in addition to the provisions in Paragraph (4) of Subsection CCC 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 of operation thaI will resultIn an

3 emissions increase of 75.000 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 of initial slart ofoperalions.

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 of carbon, 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 ofSignificant

15 Deterioration that is filed with the stale records cenler and archives shall nol affect aclions pending for violation of a

16 city or county ordinance or board regulation. Prosecution for a violation under prior regulation wording shall be

17 governed and prosecuted under the statule, ordinance, part or 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: If any 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 of 20.11.61 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 of 20.11.61 NMAC apply to the construction of any 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 of Sections 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 of any new major stationary source or the major

36 modification of any 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 of Subsections

38 A. B, C and D of20.1\.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 a significant net emissions increase. The project is not a major

45 modification if it does not cause a significant emissions increase. If the project causes a significant emissions

46 increase. then the project is a major modification only ifit 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 of emissions units being

49 modified, according to Paragraphs (3) through (4) ofSubsection D of20.1 \.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 ofthe process) is contained in the definition in Subsection (QQI PP of

52 20.11.61.7 NMAC. Regardless of any such preconstruction projections, a major modification results ifthe project

53 causes a significant emissions 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 of a regulated new source review pollutant is projecled to occur if the 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 of a new emissions

4 unil(s). A significant emissions increase of a 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 of emissions unlls. A significant

9 emissions increase of a regulated new source review pollutant is projected to occur if the sum ofthe emissions

10 increases for each emissions unit, using tbe method specified in Paragraphs (3) and (4) of Subsection D of

II 20.11.61.11 NMAC as applicable witb respect to each emissions unit, for each type of emissions 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, a permit issued under the requirements of 20.11.61 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, if construction is discontinued for a period of 18 months or more, or if construction is

26 not completed within a reasonable time; the administrator may extend the 18-month period upon a satisfactory

27 showing that an extension is justified; this provision does not apply to the time period between construction ofthe

28 approved phases of a phased construction project; each phase must conunence construction within 18 months of the

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 of a 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) of Subsection E of 20.11.61.12

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 of Paragraph (6) ofSubsection E of

39 20.11.61.12 NMAC that a project that is not a part of a 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 of Subsection [lIY] VV of 20.11.61.7 NMAC for calculating projected actual emissions.

42 (I) Before beginning actual construction of the 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 of a regulated new source review

46 pollutant could be affected by the project; and

47 (c) a description 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 of emissions excluded under Paragraph (3) of Subsection [lIY[VV of 20.11.61.7

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

51 (2) If the 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) of Subsection E

53 of20.11.61.12 NMAC to the departtnent. Nothing in Paragraph (2) of Subsection E of 20.11.61.12 NMAC shall be

54 construed to require the owner or operator ofsuch 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 of any regulated new source review pollutant

2 that could increase as a result of the project and that is emitted by any emissions unit identified in Subparagraph (b)

3 of Paragraph (I) of Subsection E of 20.11.61.12 NMAC; and calculate and maintain a record of the 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 of Paragraph (3) of Subsection E of20.11.61.12 NMAC, fugitive emissions (to the

8 extent quantifiable) shall be monitored if the emissions unit is part of one ofthe source categories listed in Table 1

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

10 source categories.

II (4) If the 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 of each year during which records must be generated under

13 Subparagraph (c) of Paragraph (I) of Subsection 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) of Subsection E of20. I1.61.12 NMAC, exceed the baseline actual emissions (as documented and

18 maintained pursuant to Subparagraph (c) of Paragraph (I) of Subsection 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) of Paragraph (I) of Subsection 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 of the major stationary source;

24 (b) the annual emissions as calculated pursuant to Paragraph (3) of Subsection 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 of at least 50 percent ofthe amount that is a

31 "significant emissions increase," as defined under Subsection [UI AAA of 20.11.61.7 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 of emissions excluded under

34 Paragraph (3) of Subsection [\IlI1 VV 01'20.11.61.7 NMAC, sums to at least 50 percent of the 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 of Subparagraph (b) of Paragraph (6) of

38 Subsection E 01'20.11.61.12 NMAC, and not also within the meaning of Subparagraph (a) of Paragraph (6) of

39 Subsection E of 20.11.61.12 NMAC, then provisions of Paragraphs (2) through (5) of Subsection E 01'20.11.61.12

40 NMAC do not apply to the project.

41 F, The owner or operator of the 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 of a 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) a detailed schedule of construction of the source or modification; and

52 (3) a detailed description ofthe planned system of continuous 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 of control or to protect the public health, welfare, or safety.

F. If a source or modification fails to meet the required level of continuous emission reduction within

the specified time period or the 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 of best available control technology through use of a demonstrated system of control.

G. If the owner or operator of a major stationary source or major modification previously issued a

permit under 20.11.61 NMAC applies for an extension, and the new proposed date of cODStruction is greater than 18

months from the date the permit would become invalid. the determination of best 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 of any previous determination of best

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 of any 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 major modification shall apply best available control technology for each regulated new source

review pollutant at the source when a significant net emissions increase occurs. This requirement applies to each

proposed emissions unit or opemtion where a net emissions increase in the pollutant would occur as a result of a

physical change or change in the method of opemtion in the unit.

C. For phased construction projects, the determination of best available control technology shall be

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

commencement of construction of each independent phase of the project. At such time, the owner or operator ofthe

applicable stationary source may be required to demonstrate the adequacy of any previous determination of best

available control technology for the source.

D. Innovadve control technology. The department may approve a system of innovative 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 owner or operator agrees to achieve a level ofcontinuous emissions reduction equivalent to

that which would have been required under Subsection A of 20.11.61.14 NMAC by a date specified by the

department. Such date shall not be later than four years from the time ofstartup or seven years from 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 of innovative

control technology would be required to meet on the date specified by the department; and

(4) during the interim period of achieving the permitted emission leve~ the source Or modification

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would nol:

(5)

E.

if:

(a) cause or contribute to a violation of an 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 of 20.11.61.15 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 of 20.11.61.27 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 or tbe 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 air pollution 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 operator ofthe proposed major stationary source or major modification shall

16 demonstrate that neither a violation of Paragraph (I) or Paragraph (2) of Subsection 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 owner or operator 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 air quality impact projected for the area

27 as a result of general commercial, residential, industrial. and other growth associated with the source or

28 modification.

29 C. The department may require monitoring of visibility 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 of visibility monitoring required by the department shall not exceed 50 percent ofthe cost

36 of ambient monitoring required by 20.11.61 NMAC; if ambient 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) both preconslruction 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 of ambient concentrations required by

43 20.11.61 NMAC shall be based on applicable air quality 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 on Air Quality Models, is

46 inappropriate, the model may be modified or another model substituted. Any substitution or modification of a

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 of ambient air quality 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 15
1 (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. If no 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 of that 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 of that

10 pollutant would cause Or contribute to a violation of the 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 of air quality in the affected

16 area and accept such data in lieu of additional monitoring by the applicant.

17 D. Ozone monitoring shall be performed if monitoring data is required for volatile organic

18 compounds or oxides of nitrogen. The owner or opemtor of a proposed major stationary source or major

19 modification of volatile organic compounds who satisfies all conditions of 40 CFR Part 51 Appendix S, Section IV

20 may provide post-approval monitoring data for ozone in lieu of providing preconstruction data as required under

21 20.11.61.18 NMAC.

"l'l E. Reserved.

23 F. Post-constructlon monitoring. The owner or operator of a major stationary source or major

24 modification shall, after construction of the 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 of ambient air

27 quality standards and to assure that increments are not exceeded.

28 G, Operatlon of monitoring stations. The owner or operator of a major stationary source or major

29 modification shall meet the requirements of 40 CFR 58, Appendix B during the opemtion of monitoring stations for

30 purposes ofsatisfying the requirements of 20.11.6 \.18 NMAC.

31 H. The department has the discretion to exempt a stationary source or modification from the

32 requirements of 20.1\.61.18 NMAC with respect to monitoring for a particular pollutant if the 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 of nitrogen 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 of the 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 of Subsection 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 of an 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 16
I (2) Any physical change in or change in the method of operation of a major stationary source that

2 maintains its total source-wide emissions below the PAL level, meets the requirements of 20.11.61.20 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 of 20.11.61.12 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) of Paragraph (2) of Subsection 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 of all 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 of 20.11.61.7

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 of 20.11.61.7 NMAC, except that the words "or enforceable as a practical mailer" should be added after

21 "federally enforceable".

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 year or more of the

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 of major stationary source in Section I 82(c) of

31 the act, an emissions unit would be a major emissions unit for VOC if the emissions unit is located in a serious

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 of issuance of the PAL pennit. However, the PAL

37 effective date for an increased PAL is the date any emissions unit that is part of the 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 of the 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) of Subsection B of 20.11.61.20 NMAC.

52 C. Perntit appllcation requirements. As part of a pennit application requesting a PAL, the owner

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

54 (I) A list of all 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, if any, 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 of the 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 of 20.11.61.20 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 of establishing a PAL, the major stationary source owner or 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 of Subsection 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 of 20.11.61.20 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 of a PAL pollutant

28 that occur during the PAL effective period creditable as decreases for purposes of offsets 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 of the 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 of a PAL

34 permit and at least a 30-day period for submittal of public 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) of Subsection F of 20.11.61.20 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 of 20.11.61.7 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) of any applicable federal or state

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

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

48 of60 ppm NOx to a new rule limit of 30 ppm, then the permit shall contain a futurl> effective PAL level that is equal

49 to the current PAL level reduced by half ofthe 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 of adding the baseline actual emissions as specified in

52 Paragraph (I) of Subsection F of 20.11.61.20 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 of the 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 18
I (2) The PAL pennit effective date and the expiration date of the PAL (PAL effective period).

2 (3) Specification in the PAL pennit that if a major stationary SOllll:e owner or opemlor applies to

3 renew a PAL in accordance with Subsection J of 20.11.61.20 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.. of Subsection [of 20.11.61.20 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) of Subsection C of 20.11.61.20 NMAC.

13 (7) A requirement that the major stationary SOllll:e owner or operator monitor all emissions units in

14 accordance with the provisions under Subsection M of 20.11.61.20 NMAC.

15 (8) A requirement to retain the records required under Subsection M of 20.11.61.20 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 of 20.11.61.20 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 of the 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 of emissions used

25 to establish the PAL; reduce the PAL ifthe owner or opemtor ofthe 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 of 20.11.61.20 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) of Pamgmph (2) of Subseclion 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 of Subsection 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 of 20.11.61.20 NMAC shall expire at the end ofthe PAL effective period, and the requirements in

41 Subsection I of 20.11.61.20 NMAC shall apply.

42 (I) Each emissions unit, or each group of emissions 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) of Subsection I of 20.11.61.20 NMAC.

45 (a) Within the time frame specified for PAL renewals in Pamgmph (2) of Subsection 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 of emissions 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. If the PAL had not yet been adjusted for an applicable requirement that

50 became effective during the PAL effective period, as required under Paragmph (5) of Subsection J of 20.11.61.20

51 NMAC, such distribution shall be made as ifthe PAL had been adjusted.

52 (b) The department shall decide whether and how the PAL allowable emissions will be

53 distributed and issue a revised pennit incorpomting allowable limits for each emissions unit, or each 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 of monitoring 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 of emissions units, as required under Subparagraph (b) of Paragraph (I) of Subsection 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 of the PAL emission limitation.

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

9 subject to major new source review requirements ifsuch change meets the definition of major modification 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.\ 2 NMAC, but were eliminated by the PALin accordance with the provisions in

15 Subparagraph (c) of Paragraph (2) of Subsection A of20.11.61.20 NMAC.

16 J. Renewal ora PAL,

17 (I) The department shall follow the procedures specified in Subsection E of 20.11.61.20 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 consideration by 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 of a 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 of permit 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 PAL permit shall contain the following

28 infonnation.

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

30 (b) A proposed PAL level.

31 (c) The sum ofthe potential to emit of all emissions units under the PAL, with supporting

32 documentation.

33 (d) Any other infonnation the owner or operator 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) of Paragraph (4) Subsection J of20.11.61.20 NMAC.

37 However, in no case may any such adjustment fail to comply with Subparagraph (c) of Paragraph 4 ofSubsection J

38 of20.11.61.20 NMAC.

39 (a) Ifthe emissions level calculated in accordance with Subsection F of 20.11.61.20 NMAC is

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

41 considering the factors set forth in Subparagraph (b) of Paragraph (4) of Subsection J of 20.11.61.20 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) of Paragraph (4) of Subsection J of20.11.61.20

47 NMAC: if the 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 of PAL 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 if the major stationary source

56 complies with the following provisions.

20.11.61 NMAC PubUc Review Drart 9128/10 20
1 (a) The owner or operator ofthe 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 of this application, the major stationary source owner or operator shall demonstrate

6 that the sum ofthe baseline actual emissiona ofthe small emissiona units, plus the sum ofthe baseline actual

7 emissions of the significant and major emissiona units assuming application of BACT equivalent controls, plus the

8 sum of the allowable emissions ofthe new or modified emissiona unit(s), exceeds the PAL. The level of control that

9 would result from BACT equivalent controls on each significant or major emissiona 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) of Paragraph (I) of Subsection B of20.11.61.20 NMAC, regardless ofthe magnitude

16 of the 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 of the 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 of BACT equivalent controls as determined in accordance with Subparagraph (b) of

24 Paragraph (I) of Subsection K of 20.11.61.20 NMAC), plus the sum ofthe baseline actual emissions of the 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 of Subsection 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 of mass 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 a judicial 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) of Subsection L of 20.11.61.20 NMAC

37 and must be approved by the department.

38 (c) Notwithstanding Subparagraph (b) of Paragraph (I) of Subsection L of20.11.61.20 NMAC,

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

40 Subsection L of 20.11.61.20 NMAC if approved by the department.

41 (d) Failure to use a monitoring system that meets the requirements of 20.11.61.20 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) of Subsection 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 of validating 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 of the PAL pollutant that is contained in or created

55 by any raw material or fuel used in or at the emissions unit, if it cannot otherwise be accounted for in the process~

56 and

20.11.61 NMAC Public Review Draft 9/28110 21
I (c) where the vendor of a material or fuel, which is used in or at the emissions unit, publishes a

2 range of pollutant content from such material, the owner or operator must use the highest value of the 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 or operator using CEMS to monitor PAL pollutant emissions shall meet the

6 following requirements:

7 (a) CEMS must comply with applicable performance specifications found in 40 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 operator using 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 of operation of the

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, if appropriate, to account for the degree of uncertainty

2I or limitations in the factors' development;

22 (b) the emissions unit shall operate within the designated range of use for the emission factor, if

23 applicable; and

24 (c) if technically practicable, the owner or operator of a 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 of PAL 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) of Subsection L of 20.11.61.20

33 NMAC, where an owner or operator of an 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 of permit 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 of the emissions unit during operating conditions when there is no

39 correlation between monitored parameter(s) and the PAL pollutant emissions is a violation of the 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 of all records necessary to

45 determine compliance with any requirement of 20.11.61.20 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 period plus five years:

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

50 (b) each annual certification of compliance pursuant to 20.11.42 NMAC, Operating Permits,

5I and the data relied on in certifying the compliance.

52 N. Reporting and notification requirements. The owner or 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 of each 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 of owner and operator and the permit number.

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

reporting period recorded pursuant to Paragraph (I) of Subsection M of 20. 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 of any emissions units modified or added to the major stationary source during the

preceding six-month period.

(e) The number, duration. and cause of any deviations or monitoring malfunctions (other than

the time associated with zero and span calibration checks), and any corrective action taken.

(l) A notification of a shutdown of any monitoring system, whether the shutdown was

permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully

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

monitoring system continued to operate, and the calculation ofthe emissions ofthe pollutant or the number

determined by method included in the permit, as provided by Paragraph (7) of Subsection L of 20.11.61.20 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

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

report submitted pursuant to 40 CFR 70.6(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 of owner and operator and the permit number;

(b) the PAL requirement that experienced the deviation or that was exceeded;

(c) emissions resulting from the deviation or the exceedance; and

(d) a signed statement by the responsible official as defined by 20.11.42.7 NMAC certifying

the uuth, accuracy, and completeness of the information provided in the report.

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

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 of Subsections

A through 0 of 20.11.61.20 NMAC after the administrator has approved regulations incorporating these

requirements into the SIP.

(2) The department may supersede any PAL which was established prior to the date of approval of

the SIP by the administrator with a PAL that complies with the requirements of 20.11.61.20 NMAC.

[20.11.61.20 NMAC - N, 1/23/06; Po, 8/30/10]

10.11.61.11 PUBLIC PARTICIPATION AND NOTIFICATION:

A. The depactment shall, within 30 days after receipt of an application, review such application and

determine whether it is administratively complete or there is any deficiency in the application or information

submitted. To be deemed administratively complete, the application must meet the requirements of 20.11.61.13

NMAC in addition to the requirements of 20.11.41 NMAC. ifthe application is deemed:

(I) administratively complete, a letter to that effect shall be sent by certified mail to the applicant;

(2) administratively incomplete, a letter shall be sent by certified mail to the applicant stating what

additional information or points of clarification 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 of determining 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 of a complete application, tbe department sball:

20.11.61 NMAC Public Review Drart 9/18/10 23
I (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 of other

5 materials, if any, considered in making the preliminary determination.

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

7 proposed source would be constructed:

8 (a) of the application;

9 (b) the preliminary determination;

10 (c) the degree of increment 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 of the notice of public commentto:

14 (a) the applicant;

15 (b) the administrator; and

16 (c) officials and agencies having jurisdiction over the location where the proposed construction

17 would occur as follows: any other state or local air pollution control agencies; the chief executives 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 air quality impact of the source, alternatives to it, the control technology required, and other

23 appropriate considerations.

24 (6) Consider all written comments submitted within a time specified in the notice of public 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 of whether 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 of 20.11.43 NMAC, Stack Heights 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 of petroleum products, natural gas, or both by reason of an order in effect under Section 2 (a)

46 and (b) of the 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 of natural 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 of particulate matter attributable to the increase in emissions from construction or

52 other temporary emission-related activities of new 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 24
I (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 of 20.11.61.23 NMAC.

4 Bo If the plan provides that the concentrations to which Paragraph (1) or (2) of Subsection 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) of Subsection A of

7 20.11.61.23 NMAC refers, or the plan to which Paragraph (2) ofSubsection A of 20.11.61.23 NMAC refers,

8 whichever is applicable. If both such order and plan are applicable, no such exclusion shall apply more than five

9 years after the later ofsuch effective dates.

10 C. [Reserved]

II D, For purposes of excluding concentr8tions pursuant to Paragraph (5) of Subsection 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 of Subsection D of 20.11.61.23 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 of a 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) of Subsection D of 20.11.61.23 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 of each permit application relating to a major stationary source or major modification proposing to locate

31 within 100 kilometers of any 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, if such 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 of every 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 of neighboring states and Indian

51 governing bodies a copy of each permit application having the potential to affect federal class I areas or increment

52 consumption in areas under their jurisdiction. 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, of any federal class

3 I lands under their jurisdiction. This may be done even though the change in air quality resulting from emissions

4 from the proposed source or modification would not cause or contribute to concentrations which would exceed the

5 maximum allowable increases for a federal class I area. If the 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 of a 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, of federal 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 of nitrogen would not exceed the

15 maximum allowable increases over minor source baseline concentrations shown in Table 5 of 20.11.61.30 NMAC.

16 E. For the case where the federal land manager does not perform an impact analysis with respect to

17 visibility impairment in a federal class I area, the department may perform such an analysis. The department shall

18 not issue the source a permit if the 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 cannot be constructed by reason of an

23 exceedance of a 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 waiver from this requirement would not advenely affect

25 the air quality related values ofthe federal class I area. The governor, after consideration of the 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. If the waiver is granted, the department shall issue a permit to the owner or

28 operator ofthe source or modification. Any owner or operator of a 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 of ambient concentralions, above the baseline concentration, to exceed the levels found in Table 6 of

31 20.11.61.3 I NMAC for periods of 24 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 not concur, 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 of 20.11.61.31

39 NMAC for periods of 24 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, administered by 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 of August 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 Peak wilderness, 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 black plants (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 or 312140).

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 BTUIhr heat input.

42 G. Fossil fuel-fired steam electric plants of more 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 of charging 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 27
V. 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 sulfur dioxide 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 of direct PM ,., emissions; 40 lpy

ofsulfur dioxide 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 a major stationary source

or major modification that causes an air

quality impact of one microgram per

cubic meter or greater (24-hr average) in

any Class I Federal area located within

10 Ian ofthe sOurce.

20116117

I

2

3

4

5

6

7

8

9

10

II [20.11.61.27 NMAC - Rp, 20.11.61.24 NMAC, 1/23/06; A, 8/30/10)

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 28
Carbon monoxide 575 8 hours

Fluorides 0.25 24 hours

Lead 0.1 3 months

Nitrol!.en dioxide 14 Annual

Ozone b

Particulate mailer (PMIO) 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 air quality level is provided for ozone. However, any net emissions increase of 100 tons

per year or more of volatile organic compounds or nitrogen oxides subject 10 PSD would be required to

oerform an ambient imoact analvsis, includinl!. the l!.atherinl!. of ambient air aualitv data.

1 [20.11.61.28 NMAC - Rp, 20.11.61.25 NMAC, 1/23/06; A, 5/15106; A, 8/30/10]

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

PMIO• 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.

4 [20.11.61.29 NMAC - Rp, 20.11.61.26 NMAC, 1/23/06; A, 5/15106; A, 8/30/10]

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

PMIO, 24-hour maximum 30

Sulfur Dioxide

annual arithmetic mean 20

24-hour maximum 91

3-hour maximum 325

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

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

29
Period of Exposure 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 of Significant Deterioration, 1/3/85;

8 Regulation No. 29, Prevention of Significant Deterioration, 6/18/86;

9 Regulation No. 29, Prevention ofSignificant Deterioration, 3/16/89;

10 Regulation No. 29, Prevention of Significant Deterioration, 4/24/90;

II Regulation No. 29, Prevention of Significant Deterioration, 2/26/93.

12

13 History of Repealed Material:

14 20 NMAC 11.61, Prevention of Significant Deterioration (filed 10/27/95) repealed 12/1/95.

15 20.11.61 NMAC, Prevention of Significant Deterioration (filed 8/30/02) repealed 1/23/06.

16

17 Other History:

18 Regulation No. 29, Prevention of Significant 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 of Significant 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 of Significant Deterioration, effective 10/1/02.

24 20.11.61 NMAC, Prevention of Significant Deterioration (filed 8/30/02) was replaced by 20.11.61 NMAC,

25 Prevention of Significant Deterioration, 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 ofAccidental Releases ofthe federal act;

(3) any acid rain source; and

(4) any source in a source category so designated by the administrator, in whole or in part, by

regulation, after notice and comment.

B. Requirement for a permit:

(I) A 20.11.42 NMAC source may operate after the time that it is required to submit a timely and

complete application under 20.11.42 NMAC only if:

(a) the source is in compliance with an operating pennit issued by the department or EPA; or

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

Subsection A of 20.11.42.12 NMAC; the ability to operate under these circumstances shall cease if the applicant

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

needed to process the application.

(2) Revocation or termination of a 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 ofPeiformancefor New Stationary Sources, or Section 112 - National Emission

Standardsfor Ha::ardous Air Pol/utants, ofthe federal act, but not including any source which:

(a) is exempted under Subparagraph (b), ofParagraph (I), of Subsection 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 of a complete operating permit application shall not protect any source from any

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

federal act or 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 ofPeiformancefor New Residential Wood Heaters;

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

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

Asbestos, Section 61.145, Standardfor Demolition and Renovation;

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

obtain a pennit solely because of emissions 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 ofthe federal act are exempt

from the obligation to obtain a 20.11.42 NMAC permit until the administrator completes a rulemaking requiring

such sources to obtain operating 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 tribal jurisdiction: The requirements of20.11.42 NMAC do not apply to sources within

. Indian tribal jurisdiction. For the operation ofsources in that jurisdiction, the applicant shall make such applications

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

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 9/28/10
I [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 of Albuquerque 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 of a 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 of the 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 of the 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 of any 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 of control 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 or approved by the board or EPA

42 through rulemaking at the time of permit issuance but have future-effective compliance dates):

43 (I) any standard or otherrequirement provided for in the New Mexico state implementation plan

44 approved by EPA, or promulgated by EPA through rulemaking, under Title I ofthe federal act to implement the

45 relevant requirements ofthe federal act, including any revisions to that plan promulgated in 40 CFR, Part 52;

46 (2) any term or condition of any 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 longer pertinent;

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

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

51 concerning accident prevention under Section 112(r)(7) of the federal act;

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

53 regulations promulgated thereunder;

54 (6) any requirements established pursuant to Section 504(b) or Section 114(a)(3) of the 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 other requirement governing solid waste incineration under Section 129 ofthe

2 federal act;

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

4 ofthe federal act;

5 (10) any standard or other requirement for tank vessels under Section 183(1) ofthe federal act;

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

7 shelfsources, under Section 328 ofthe federal act;

8 (12) any standard or other requirement ofthe regulations promulgated to protect stratospheric ozone

9 under Title 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, but only 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 the joint 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 department or its succeSsor agency

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

18 G. "Draft permit" means a version of a permit, for which the department offers for public

19 participation under Subsection B of 20.11.42.13 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, or the department.

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

23 continuous basis, including any requirements relating to the operation or maintenance of a source 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 of a 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 permit requirements established pursuant to 40 CFR 52.21 or under

37 regulations approved pursuant to 40 CFR Part 51, Subpart I, including 40 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 of Section 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 of Subsection 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 of Title 40 of the 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 pollutant pursuant 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 industrial classification 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 3
I (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 of any hazardous air pollutant which has been listed pursuant to Section 112 (b) of the

4 federal act, 25 tons per year or more of any combination ofsuch hazardous air pollutants, 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 similar units, 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 of air pollutants, as defmed in Section 302 of the act, that directly emits

12 or has the potential to emit, 100 tons per year or more of any air pollutant subject to regulation (including any major

13 source of fugitive emissions of any such pollutant, as determined by rule by the administrator). The fugitive

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

15 purposes of Section 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 of charging more than 250 tons of refuse 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 oven batteries;

30 (n) sulfur recovery plants;

31 (0)' carbon black plants (furnace process);

32 (p) primary lead smelters;

33 (q) ruel conversion plant;

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 of more than 250 million British thermal units per hour

46 heat input; or

47 (aa) any other stationary source category, which as of August 7,1980, is being regulated under

48 Section III or 112 of the federal act.

49 (3) A major stationary source as defined in Part D of Title 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 of volatile 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) of Subsection Ill) of 20.11.42.7

54 NMAC to 100, 50, 25, and 10 tons per year of nitrogen oxides shall not apply to any source for which the

55 administrator has made a finding, under Section I 82(f)( I) or (2) of the federal act, that requirements under Section

56 I 82(f) of the act do not apply;

20.11.42 NMAC Public Review Draft 9/28/10 4
I (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 of volatile 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 (PMIO) non-attainment areas classified as "serious", sources with lhe

9 potential to entit 70 tons per year or more ofPMIO•

10 [8.1 L "Operating permit" or "permit" means any perntit or group of permits 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 of a 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 of a 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 of a statiooary source to emit any air pollutant

24 under its physical and operational design. Any physical or operational limitation on the capacity of a source to emit

25 an air pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or

26 amount of material 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 of a 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 of Section 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 of its 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 of a principal business function, or any other person who performs similar policy or decision-making functions for

50 the corporation, or a duly 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 of authority to such representatives is approved in advance by the

56 department.

I

20.11.42 NMAC Public Review Draft 9/28/10 5
I (2) For a partnership or sole proprietorship: a general partner or the proprietor, respectively.

2 (3) For a municipality, state, federal or other public agency: either a principal executive officer or

3 ranking elected official. For the purposes of 20.11.42 NMAC, a principal executive officer of a federal agency

4 includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of

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

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 under Title IV of the federal act or the regulations promulgated

9 thereunder are concerned; and

10 (b) the designated representative for any other purposes under 40 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 of any air pollution control equipment, process

15 equipment or process for any purpose.

16 GG. "Startup" means the selling into operation of any air pollution 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 air pollutant 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 of the quantity of emissions ofthat oollutant. and that such a control

23 requirement has taken effect and is operative 10 control. limit or restrict the quantity of emissions 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 at Table A I to Subpart A of 40 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 of operations that is subject to the pre-<:onstruction regulations

36 promulgated under Parts C and D of the 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 the joint 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 seek a variance

41 from the non-federally enforceable provisions of 20.11.42 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 of a city or county 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: If any 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 of 20.1 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 6
I [12/1/95; 20.11.42.11 NMAC - Rn, 20 NMAC 11.42.1.11 & A, 10/1/02; A, 8/10/09]

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

14 date of permit expiration;

15 (iii) for the acid rain portion of permit applications for initial phase 11 acid rain sources

16 under Title IV of the 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.. or application.

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

26 Paragraph (4), of Subsection 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 of whether 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 or corrected 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 of a draft permit.

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

37 Paragraph (I), of Subsection 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 or application. 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 of the 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 of major source.

46 All applications shall:

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

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. if different, plant name and addre..), together

51 with the names and addresses of the owner(s), responsible official and the operator ofthe source, any subsidiaries or

52 parent companies. the company's state of incorporation or principaJ 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 of the application;

20.11.42 NMAC Public Review Drart 9/28/10 7
I (d) include a description of the 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 of the source; the location shall be identified by latitude and longitude or

5 by UTM coordinates;

6 (e) for all emissions of all 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 of all components ofthe facility which would be involved in

11 routine operations and emissions;

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

13 basis for fees and applicability ofrequirements of the 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, of air 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 of the 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 of insignificant 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 of all 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 of or reference to any applicable test method for determining

38 compliance with each applicable requirement;

39 (h) provide an explanation of any proposed exemptions from otherwise applicable

40 requirements;

41 (i) provide other specific information that may be necessary to implement and enforce other

42 requirements of the 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), of Paragraph (2),

46 of Subsection 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 of any

51 New Mexico ambient air quality standard for nitrogen oxides, sulfur oxides, total suspended particulates or non52 methane hydrocarbons, or any national ambient air quality 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 of compliance, 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 of methods 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 of compliance 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 of permit

14 application, provide a compliance plan that contains:

15 (i) a description of the compliance status ofthe source with respect to all applicable

16 requirements;

17 (ii) a narrative description of how 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 of actions with

20 milestones, leading to compliance with such applicable requirements; the schedule of compliance 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 of any consent decree or administrative order shall not be in any way diminished by the schedule of

23 compliance; any such schedule of compliance 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 of certified progress reports no less frequently than every

26 six months; and

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

28 of the 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 belief formed 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 of the joint 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 of Public

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

41 (2) In the case where an applicant or permittee has submitted inlormation to the department under a

42 claim of confidentiality, 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) of the

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 of permit issuance or as specified in the approved schedule of compliance. 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 9
I (iii) specify and reference the origin of and 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 of the various permit

5 requirements in the evenl of a challenge to any portions of the permit; and

6 (v) include a provision 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 ofthe 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) Each permit issued shall, additionally, include provisions staling that:

12 (i) the pennittee shall comply with alltenns and conditions of the permit; any pennit

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

14 conditions constitutes a violation of the 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 of the

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 of 20.11.42.13 NMAC;

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

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

22 permit condition;

23 (v) the permit does not convey any property rights of any 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 of records 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 of its

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 act or under any ofits applicable requirements.

41 (I) The issuance of a permit, or the filing or approval of a 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 of the 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 of whether the source category in question is included in the list ofsources

51 contained in the defmition of major source.

52 (i) The acid rain portion of operating 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 of the 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 10
I (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 of allowances 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 of record 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), of Subsection C of 20.11.42.12

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 of monitoring 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 of the 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 of all monitoring data and support infonnation shall be retained for a period of at

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 of all 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 of the permit and all applicable requirements, including:

38 (a) submittal of reports of any 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), of Subsection A of20.11.42.12 NMAC;

42 (b) prompt reporting of all deviations (including emergencies) from permit requirements,

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

44 emissions resulting from the deviation, and any corrective actions or preventive 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 of compliance 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 of each 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 additional provisions as may be specified by the administrator to determine the

6 compliance stalUS of the 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 of credentials 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 of the permit;

13 (ii) have access to and copy any records that must be kept under the conditions of the

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 or parameters for the purpose of assuring

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), of Paragraph (4), of Subsection A of

20 20.11.42.12 NMAC to have a schedule of compliance 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 of compliance and requirements of Subparagraph (k), of Paragraph (4),

23 of Subsection A of20.11.42.12 NMAC, and shall contain:

24 (i) dates for achieving the activities, milestones, or compliance required in the schedule

25 of compliance, and dates when such activities, milestones or compliance were achieved; and

26 (ii) an explanation of why any dates in the schedule of compliance were not or will not

27 be mel, and any preventive or corrective measures adopted;

28 (c) include such other provisions 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 a permit modification, if those changes are not Title 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 of the

40 relevant permit.

41 (iv) If the 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 permit remain 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 of emissions increases and decreases in the permitted facility solely for the

47 purpose of complying 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 of 20.11.42.12 NMAC to determine compliance. If applicable requirements apply to the requested

50 emissions trading, permit conditions shall be issued only to the extent that the applicable requirements provide for

5I trading such increases and decreases without a case-by-case approval.

52 (ii) The applicant shall include in the application proposed 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 12
I (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 under Title 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 of 20.11.42.13 NMAC; and

16 (iv) the permittee provides contemporaneous written notice to the department and EPA

17 of each 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 of a 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 of permit 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 of Section 303 ofthe federal act- Emergency Powers, including the

37 authority ofthe administrator under Section 303, or the provisions ofthe joint air quality control board ordinances

38 pursuant to the New Mexico Air Quality Control Act, 74-2-10 NMSA 1978;

39 (ii) the liability of an owner or operator of a source for any violation of applicable

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 of EPA to obtain information from a source pursuant to Section 114 ofthe

44 federal act, or the department to obtain information in accordance with the joint 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), of Subsection 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 of emissions trading within a facility pursuant to Subparagraph (b), of Paragraph (7), of Subsection

50 C of 20.11.42.12 NMAC, and to allterrns and conditions under each operating scenario included pursuant to

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

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

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

54 20.11.42.12 NMAC, to section 502(b)(lO) changes under Subparagraph (a), ofParagraph (7) of Subsection 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 of 20.11.42.13 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), of Subsection A of 20.11.42.12 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 of deeming the application complete.

(d) The department may grant a request for authorization to operate under a general permit

without repeating the public participation procedures required under Subsection B of 20.11.42.13 NMAC. Such an

authorization shall not be a permitting action for purposes of administrative review under the joint air quality control

board ordinances pursuant to the New Mexico Air Quality Control Act Section 74-2-7.H NMSA 1978.

(e) Authorization to operate under a general permit shall not be granted for acid rain sources

unless provided for in regulations promulgated under Title IV of the federal act.

(f) The permittee shall be subject to enforcement action for operation without an operating

permit if the source is later determined not to qualify for the conditions and terma of the 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 of God. which situation requires immediate corrective action to

restore normal operation, and that causes the source to exceed a technology-based emission limitation under the

permit due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include

noncompliance to the extent caused by improperly designed equipment, lack of preventive maintenance. or careless

or improper operation.

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

such technology-based emission limitations 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) of the emergency;

(b) the permitted facility was at the time being properly operated;

(c) during the period ofthe emergency the permittee took all reasonable steps to minimize

levels of emissions that exceeded the emission standards or other requirements in the permit; and

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

of Subsection C 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 of an emergency

has the burden of proof.

(4) This provision is in addition to any emergency or upset provision contained in any applicable

requirement, except that 20.11.42 NMAC sources shall not be subject to the provisions of20.11.90.12 NMAC for

permit 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 or operator of a 20.11.42 NMAC source which qualifies for a general permit

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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 if all 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 a complete application need not be received before issuance of a 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 of 20.11.42.13 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 of an 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 of an 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 is judged complete, a certified letter to

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

21 applicant stating what additional infonnation or points of clarification 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 of 20.11.42.12 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) If a timely and complete application for a pennit 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 consist ofthe 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, if a public hearing is held, the evidence submitted at the hearing.

46 (8) If the department grants or disapproves a pennit or pennit 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 of insignificant activities,

20.11.42 NMAC Public Review Draft 9/28/10 15
I 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 of any public hearing at least 30 days in advance ofthe hearing.

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

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 if necessary 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 of a person from whom interested persons may

15 obtain additional information, including copies ofthe permit draft, the application, and relevant supporting

16 materials;

17 (g) a brief description ofthe comment procedures required by the department; and

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

19 scheduled hearing.

20 (4) Notice of public 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 of a person from whom interested persons may

26 obtain additional information;

27 (I) a brief description of hearing procedures; and

28 (g) the time and place ofthe scheduled hearing.

29 (5) The time, date, and place ofthe 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 of either 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 administrator have 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 or conditions, 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 of notification by the department that the application has been determined

48 complete, the applicant shall provide a copy of the 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 of each 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 of each draft permit to any alfected program on or

54 hefore the time that the department provides this notice to the public under Subsection B of 20.11.42.13 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 16
I (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 of the proposed permit and all necessary supporting information.

9 (b) Ifthe administrator does 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 of 20.11.42.13 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. If the administrator objects to the permit as a result of a 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 of a 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 minor permit modification procedures allowed under Pamgmph (2), of

20 Subsection E of 20.11.42.13 NMAC), shall notify the administrator and any affected progmm in writing of any

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 of final 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) or permit 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 of the department's action and shall specify the portions of the permitting action to which the petitioner

33 objects, certify that a copy of the 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 of the 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 or permittee, 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 the joint 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). of Subsection 0 of20.11.42.13 NMAC may appeal to the court of appeals in accordance

45 with the joint 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) The judicial review provided for by Subsection 0 of 20.11.42.13 NMAC shall be the

48 exclusive means for obtaining judicial 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 of any person identified in the permit;

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

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

20.11.42 NMAC Public Review Draft 9128/10 17
I (v) any other type of change which has been determined by the department and the

2 administrator to be similar to those in this paragraph.

3 (b) Changes in ownership or opemtional control of a 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), of Paragraph (I), of Subsection 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 of general 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 of a 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), of Subparagraph (a), ofParagmph (I), of Subsection 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), of Subparagraph (a), of Paragraph (I), of Subsection E of20.11.42.13 NMAC or

23 Subparagraph (b), of Paragraph (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 of existing monitoring, reporting, or record keeping

30 requirements in the permit;

31 (iii) do not require or change a case-by-case determination of an emission limitation or

32 other standard, or a source-specific determination for temporary sources of ambient impacts, or a visibility or

33 increment analysis;

34 (iv) do not seek to establish or change 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 E of20.11.42.13 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 of minor permit modification procedures shall meet the

47 requirements of Paragraphs (3) and (4), of Subsection A of20.11.42.12 NMAC and shall include:

48 (i) a description of the change, the emissions resulting from the change, and any new

49 applicable requirements tbat will apply if the change occurs;

50 (ii) the applicant's suggested draft permit;

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

52 of 20.11.42.12 NMAC, that the proposed modification meets the criteria for use of minor permit modification

53 procedures and a request that such procedures be used; and

54 (iv) if the requested permit modification would alfect existing compliance plans or

55 schedules, related progress reports, or certification of compliance requirements, an outline ofsuch elfects.

20.11.42 NMAC Public Review Drafl9/28/10 18
I (d) The department shall, within 30 days after its receipt of an 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 or otherwise notifies the applicant ofincompleteness within 30 days of

4 receipt of an application, the application shall be deemed complete. Ifthe application is judged complete, a certified

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

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

7 application complete.

8 (e) Within five working days of notification 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 of the 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), of Subsection E of 20.11.42.13 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 or until 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 of 20.11.42.13 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 under Paragraph (I), ofSubsection E of20.11.42.13 NMAC or for minor

38 permit modifications under Paragraph (2), of Subsection E of 20.11.42.13 NMAC above;

39 (ii) any modification that would result in any relaxation in existing monitoring, reporting

40 or record keeping permit terms or conditions;

41 (iii) any modification for which action on the application would, in the judgment of the

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), of Subsection 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 of any 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 affected programs 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 and permit

7 modifications for purposes ofthe acid rain portion ofthe permit shall be governed by regulations promulgated by

8 the administrator under Title IV of the 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. A permit shall be reopened and revised for any of the following,

13 and maybe revoked and reissued for (iii) or (iv) ofthe following:

14 (i) additional applicable requirements under the federal act become applicable to a major

15 source with a remaining permit term ofthree or more years; such a reopening shall be completed not later than 18

16 months after promulgation ofthe applicable requirement; no such reopening is required if the effective date of the

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 of the 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 program promulgated under 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, or revoke and reissue, a permit shall affect only those

28 parts of the permit for which cause to reopen or revoke exists. Units for which permit conditions have been revoked

29 shall not be operated until permit reissuance. Reopenings shall be made as expeditiously as practicable.

30 (c) A permit, or an authorization to operate under a general permit, may be terminated when:

31 (i) the permittee fails to meet the requirements of an approved compliance plan;

32 (ii) the permittee has been in significant or repetitious non-compliance with the operating

33 pennit tenns or conditions;

34 (iii) the applicant or permittee has exhibited a history of willful disregard for

35 environmental laws of any 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 or required 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 or renders 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 certified mail, provide a notice of intent to the permittee at least

43 30 days in advance of the date on which a permit is to be reopened or revoked, or terminated, except that the

44 department may provide a shorter time period in the case of an emergency.

45 (2) Action by tbe administrator. Within 90 days, or longer if the administrator extends this period,

46 after receipt of written 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, or revocation and reissuance, as appropriate. Within 90 days from receipt of an 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), of Subsection F of 20. 11.42.13 NMAC, a compliance order issued in

52 accordance with the joint air quality 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 of any permit or portion thereof.

54 G. Citizen suit: Pursuant to Section 304 of the 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 other provision in the New Mexico state implementation

2 plan approved by the administrator, any credible evidence may be used for the purpose of establishing whether a

3 person has violated or is in violation of any such plan.

4 (I) Presumptively credible evidence. Information from the use of the 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), of Subsection 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 of Repealed 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
...<

ENVIRONM ENTAL 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 lacks jurisdiction. ~.

[12/1/95...8/1/96; 20.11.1.2 NMAC - Rn. 20 NMAC 11.01.1.2, 10/1/02; A, 9/14/09]

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 of Albuquerque 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 later date is cited at the end ofa section. The

effective date of a 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 of air 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 of air pollutants,

that must comply with an applicable requirement.

D. "Air agency", "department" or "EHD" means the environmental health department (EHD) of

the city of Albuquerque. The EHD, or its successor agency or authority, as represented by the department director

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

nonattainmentlmaintenance area. The EHD serves as staff to the Albuquerque - Bernalillo county air quality control

board, (A-BC AQCB), and is responsible for the administration and enforcement ofthe A-BC AQCB regulations.

E. "'Air contaminant" or "'air pollutant" means an air pollution agent or combination ofsuch

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

and byproduct material) substance or malter which is emitted into or otherwise enters the ambient air. Such leno

includes any precursors to the fonoation of any air pollutant; to the extent the EPA has identified such precursor or

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

[."""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 of property.

G. "Air quality control act" means the State ofNew Mexico Air Quality Control Act, Chapter 74.

Article 2, NMSA 1978 as amended.

H. "Air quality control board", "board" or"A-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 air pollution within the boundaries ofBernalillo county, except for Indian lands over which the

board lacks jurisdiction.

I. "Allowable emissions" means:

(I) Any department or federally enforceable pennittenn or condition which limits the quantity, rate,

or concentration of emissions of air pollutants on a continuous basis, including any requirements which limits the

level ofopacity, prescribe equipment, set fuel specifications, or prescribe operation or maintenance procedures for a

source to assure continuous reduction that are requested by the applicant and approved by the department or,

determined at the time ofissuance or renewal of a 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 of the 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 or other requirement provided for in the New Mexico state implementation plan

approved by EPA. or promulgated by EPA through rulemaking, under Title I, including Parts C or D, ofthe federal

act;

(2) any term or condition of any pre-<: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 act or the regulations promulgated

thereunder;

(c) governing solid waste incineration under Section 129 ofthe federal act,

(d) for consumer and commercial products under Section 183(e) ofthe federal act;

(e) ofthe regulations promulgated to protect stratospheric ozone under Title VI of the federal

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

(4) any requirements established pursuant to Section 504(b) or Section 114(a)(3) of the 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 the joint air quality control board

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

Quality Control Act.

L. "Breakdown or upset" means any sudden, infrequent, and not reasonably preventable failure of

air pollution control equipment, or process equipment, which causes a process to not operate in a nonnal manner.

Failures that are caused by process imbalance, poor maintenance or careless operation are not breakdowns.

M. "Carbon monoxide" or "CO" means a colorless, odorless, poisonous gas composed of

molecules containing a single atom of carbon and a single atom ofoxygen with a molecular weight of 28.01 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 of coal for the primary

purpose of producing heat or power by indirect heat transfer in which the products of combustion do not come into

direct contact with other materials.

P. "Commenced" means that an owner or operator has 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 of construction or modification.

Q. "Construction" means fabrication, erection, or installation of an 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, of emissions 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 of an air contaminant, including a fugitive emission, in

excess of the quantity, rate, opacity or concentration specified by an air quality regulation or permit condition.

X. "Excess emissions report" means a report submitted by a stationary source at the request 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 of the CFR, as the aggregate group of six greenhouse gases: Carbon dioxide. nitrous oxide. methane,

hydrofluorocarbons. perlluorocarbons, and sulfur hexafluoride.

1(;(;,) DO, "Grain" means that unit of weight, 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 of a class of aliphatic, cyclic,

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

presence of nitrogen oxides and sunlight. All are precursors to more serious air pollutants such as ozone and

nitrogen dioxide.

11'1'.1 GG, "Hydrogen sulfide" or "H,S" means the chemical compound containing two atoms of

hydrogen and one of sulfur with a molecular weight of 34.07 g/mole.

IGG.] HH. "'ncinerator" means any furnace used in the process of burning solid waste for the

purpose of reducing 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 of animal 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 if breathed or swallowed.

IKK.) LL. "Malfunction" means any sudden and unavoidable failure of air pollution control

equipment or process equipment beyond the control of the owner or operator, including malfunction during startup

or shutdown. A failure that is caused entirely or in part by poor maintenance, careless operation, or any other

preventable equipment breakdown shall not be considered a malfunction.

Il,bl MM. "Modification" means any physical cbange in or change in the method of operation of a

source that results in an increase in the potential emission rate of any regulated air contaminant emitted by the

source or that results in the emission of any regulated air contaminant not previously emitted, but does not include:

(I) a cbange in ownership of the source;

(2) routine maintenance, repair or replacement;

20.11.1 NMAC Public Review Draft 9/28/10 3
(3) installation of air pollution control equipment, and all related process equipment and materials

necessary for its operation, undertaken for the purpose of complying with regulations adopted by the environmental

improvement board or the local board or pursuant to the federal act; or

(4) unless previously limited by enforceable permit conditions:

(a) an increase in the production rate, if such increase does not exceed the operating design

capacity ofthe source;

(b) an increase in the hours of operation; or

(c) use of an alternative fuel or raw material if, prior to January 6, 1975, the source was capable

of accommodating such fuel or raw material, or if use of an alternate fuel or raw material is caused by any natural

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

[MM.\ NN. "New !IOurce" means any stationary source, the construction or modification of which is

commenced after the filing of a 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 of nitrogen and two ofoxygen with a molecular weight of46.0 glmole.

[QQ.I "Nitrogen oxides or NOx" is a class of chemicals containing varying quantities of

nitrogen and oxygen that are created from combustion processes taking place at high temperatures and high

pressures (e.g" inside automotive engine cylinders or in high temperature boilers). Examples of nitrogen oxides are

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

[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 of any material without the following

characteristics:

(I) control of combustion air to maintain adequate temperature for efficient combustion;

(2) containment ofthe combustion reaction in an enclosed device to provide sufficient residence time

and mixing for complete combustion; and

(3) emission controls for the gaseous combustion products,

[KR.I SS. "Operator" means the person(s) responsible for the overall operation of a source,

[ss.[ IT. "Owner" means the person(s) who owns a source or part of a source.

[l=I'.] !ll1.. "Ozone or 0," means a pungent, colorless gas composed of molecules containing three

atoms ofoxygen with a molecular weight of48.0 glmole.

[00.1 VV, "Part" means the required NMAC designation for the normal division of a chapter. A

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

Structurally, a part is the equivalent of a rule,

[¥¥'\ "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 of a test performed as required

by the department to determine compliance,

[zz,\ AM: "Permit" means any permit or group of permits, modifications, renewals or revisions

authorizing the construction or operation of a stationary source pursuant to the federal act, the Air Quality Control

Act, or laws and regulations in effect pursuant to 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 air pollutant, which is formed by the action of

sunlight on oxides of nitrogen 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 in 40 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 of which may limit. capture. reduce. confine. or otherwise

control regulated air pollutants or convert for the purposes of control any regulated air pollutant to another form,

another chemical or another physical state. This includes, but is not limited to, sulfur recovery units, acid plants.

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

injection.

(IIHH.I III. "Portable stationary source" or "temporary stationary source" means a stationary

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

construction project or increased production demand.

[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 of a source to emit an air pollutant. including air pollution control equipment

and restrictions on hours ofoperation or on the type or amount of material combusted, stored, or processed, sball be

treated as part ofits design if the limitation is federally enforceable or is included in a permit issued by the

department. However, the potential to emit for nitrogen dioxide sball be based on total oxides of nitrogen.

[JJJ.] KKK. "Process equipment" means any equipment used for storing, handling, transporting,

processing or changing any materials whatsoever but excluding that 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 of all materials introduced into any specific

process, which causes any discharge of air contaminants into the atmosphere. Solid fuels introduced into any

specific process will be considered as part of the process weight, but liquid and gaseous fuels and combustion air

will not.

[I.bbJ MMM. "Process welgbt rate" means the hourly rate derived by dividing the total process weight

by the number of hours in one complete operation from the beginning of any given process to the completion

thereof, or from the beginning to the completion of a typical portion thereof, excluding any time during which the

equipment is idle.

[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 of the federal act;

(3) any Class I or II substance subject to any standard promulgated under or established by Title VI

ofthe federal act;. or

(4) any pollutant subject to a standard promulgated under Section 112 or any other requirements

established under Section 112 of the federal act.

000. "Responsible official" means one of the following:

(I) for a corporation: a president. secretary, treasurer, or vice-president of the corporation in cbarge

of a principal business function. or any other person who performs similar policy or decision-making functions for

the corporation. or a duly authorized representative ofsuch person if the representative is responsible for the overall

operation of one or more manufacturing, production, or operating facilities applying for, or subject to a permit and

either:

(a) the facilities employ more than 250 persons or bave gross annual sales or expenditures

exceeding $25 million (in second quarter 1980 dollars); or

(b) the delegation of authority to such representatives is approved in advance by the

department;

(2) for a partnership or sole proprietorship: a general partner or the proprietor, respectively;

(3) for a municipality, state, federal or otber public agency: either a principal executive officer or

ranking elected official; for the purposes of 20.11.1 NMAC, a principal executive officer of a federal agency

includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of

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

(4) for an acid rain source:

20.11.1 NMAC Public Review Draft 9/28/10 5
(a) the designated representative (as defined in Section 402(26) of the federal act) in so far as

actions, standards, requirements, or prohibitions under Title IV of the federal act or the regulations promulgated

thereunder are concerned; and

(b) the designated representative for any other purposes under 40 CFR Part 70.

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

equipment.

QQQ. [Reserved]

RRR. [Reserved]

SSS. "Smoke" means small gas-borne particles resulting from incomplete combustion, consisting

predominantly, but not exclusively, of carbon, soot and combustible material.

TIT. "Solid waste" means garbage; refuse; yard waste; food wastes; plastics; leather; rubber; sludge;

and other discarded combustible or noncombustible waste, including solid, liquid, semisolid; or contained gaseous

material resulting from industrial, commercial, mining, and agricultural operations, and from community or

residential activities, and from waste treatment plants, water supply treatment plants, or air pollution control

facilities; but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in

irrigation return Ilows or industrial discharges which are point sources subject to permit under Section 402 of the

Federal Water Pollution Control Act, or source, special nuclear, or byproduct material as defined by the Atomic

Energy Act.

UUU. [Reserved]

VVV, "Stack, cblmney, vent, or dUd" means any conduit or duct emitting particulate or gaseous

emissions into the open air.

WWW. "Standard conditions" means the conditions existing at a temperature of 700 F (250C) and

pressure of 14.7 psia (760 mrnHg).

XXX, "Standard cubic foot" means a measure ofthe volume of one cubic foot of gas 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) of the 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 if they belong to the same industrial grouping, are located on one or more

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

control. Pollutant-emitting activities shall be treated as the same industrial grouping ifthey have the same first two

digits of an applicable standard industrial classification (SIC) code as described in the standard industrial

classification manual, or if they have the same first three digits of an applicable north american industry

classification system (NAlCS) code.

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

containing a single atom ofsulfur and two atoms of oxygen with a molecular weight of 64.07 g/mole.

BBBB. "Total reduced sulfur" means any combination ofsulfur compounds, except sulfur dioxide and

free sulfur, which test as reduced sulfur, including, but not limited to, hydrogen sulfide, methyl mercaptan, and ethyl

mercaptan.

CCCC. "Total suspended particulate" or "TSP" means particulate matter as measured by the method

described in 40 CFR Part 50, AppendiX B.

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

standard conditions.

EEEE, "Visible emission" means an emission that can be seen because its opacity or optical density is

above the threshold of vision.

FFFF, "Volatile organic compounds" Or "VOC" means any compound of carbon, excluding carbon

monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, which

participates in atmospheric photochemical reactions.

(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 6
chloro 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 43-1Omee);

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) or 40 CFR Part 60, Appendix A, as applicable. Where

such a method also measures compounds with negligible photochemical reactivity, these negligibility-reactive

compounds may be excluded as VOC if the amount ofsuch compounds is accurately quantified, and such exclusion

is approved by the enforcement authority.

(3) As a precondition to excluding these compounds as VOC or at any time thereafter, the

enforcement authority may require an owner or operator to provide monitoring or testing methods and results

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

source's emissions.

(4) For purposes offederal enforcement for a specific source, the EPA shall use the test methods

specified in the applicable EPA-approved SIP, in a permit issued pursuant to a program approved or promulgated

under Title V of the act, or under 40 CFR Part 51, Subpart I or Appendix S, or under 40 CFR Parts 52 or 60. The

EPA shall not be bound by any state determination as to appropriate melhods for testing or monitoring negligiblyreactive compounds if such determination is not reflected in any ofthe above provisions.

(5) The following compound(s) are VOC for purposes of all 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 of VOC emissions limitations or VOC content

requirements: t-butyl acetate.

(6) For the purposes of determining compliance with California's aerosol coatings reactivity-based

regulation, (as described in the California Code ofRegulations, Title 17, Division 3, Chapter I, Subchapter 8.5,

Micle 3), any organic compound in the volatile ponion of an 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 of VOCs 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 of determining compliance with EPA's aerosol coatings reactivity-based national regulation,

as provided in 40 CFR Part 59, Subpart E.

GGGG. "Measurements, abbreviations. and acronyms"

20,11.1 NMAC Public Review Draft 9/28/10 7
A-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 of governments

CMAQ-congestion mitigation and air quality

eu. jn.-cubic inch(es)

OER-discrete emission reduction

DOE-department of energy

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 air pollutants

HC-hydrocarbon(s)

Hg-mercury

hp.-horsepower

11M-inspection/maintenance

in.-inch(es)

20.11.1 NMAC Publie Review Draft 9/28/10

8
ISTEA-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 of mercury

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 of nitrogen

No-number

NOV-notice of violation

NMHC-non-me'hane hydrocarbons

NSPS-new source performance standards

20.11.1 NMAC Public Review Draft 9/28/10 9
NSR-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 of units

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 10
VMT-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 of a city or county ordinance. or 20.11.1 NMAC. Prosecution

for a violation under prior regulation wording shall be governed and prosecuted under the statute, ordinance, part or

regulation section in effect at the time the violation was committed.

[12/1/95; 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 of 20.11.1 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 1.0 I.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 of the 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 of the 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 Draft 9/28/10 11
HIstory of Repealed 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 11.0I, 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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ALBUQUERQUE-BERNALILLO COUNTY AlR QUALITY CONTROL

BOARD NOTICE OF HEARING On December 8, 2010, at 5:30 PM, the

Albuquerque-Bernali11o County Air Quality Control Board (Air Board) will

hold a public hearing in the Vincent E. Griego Chambers located in the

basern:nt level ofthe 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,

General Provisions. 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], which tailors permitting

requirern:nts to ensure only the largest sources ofGHG-facilities must obtain

air pcrmits fur GHGs. Potentialsources 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

confurm 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) fur criteria polhrtants (lead, sulfur

dioxide, nitrogen dioxide, carbon monoxide, owne and particulate rmller) are

100 and 250 tons per year (tpy) respectively, depending upon the type of

emissions. Ahhough these thresholds are appropriate triggers fur criteria

polhrtant permits, they are too low fur an effi:ctive permit trigger 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 by January 2, 20 II, stationary

sources that emit as little as 100 or 250 tpy ofGHGs will autormtically trigger

(require) complex new Title V permits or PSD permits (that require best

available control technology 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) or possibly no permit at aIL Step I ofthe Tailoring

Rule (1/2/11-6/30/11): PSD permits: no new Tailoring Rule 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 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 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 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 resuh 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 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 C02e

clip 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 comrent on streamlining and exclusion ofcertain sources. Step 3 will

not require permitting ofsources with GHG emissions less than 50,000 tpy

C02e befure 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 afurementioned 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 COImty

Ordinance 94-5, Section 6, and 20.11.82 NMAC, Rulemaking Procedures -

- Air Quality Control Board. Anyone intending to present technical testiIrony

at this hearing is required by 20.11.82.20 NMAC to submit a written Notice

OfIntent to testifY (NOl) befure 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 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 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 oftheir educational and work background; 3.

summarize or include a copy ofthe direct testiIrony ofeach technical witness

and state the anticipated duration ofthe testiIrony ofthat witness; 4. include

the text ofany recomrended modifications to the proposed regulatory

change; and 5. fio>t and descnbe, or attach, all exhibits anticipated to be

oJrered by that person at the hearing, including any proposed statement of

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, or Environmental Health Department office, befure 5:00 pm

legals.abqjoumal.com/legals/.../c1ipped... 2/3
11/9/2010 ABQjourna Legals

on Decembcr 1,2010. Conments shall include the name and address ofthe

individual or organization submitting the statement. Writtcn conments lTBy

al'io be submitted electronically to jcwright@cabq.gov and shall include the

required name and address infunmtion Interested pcrsons may obtain a copy

ofthe proposcd rcgulation at the Environmental Heahh Dcpartment office, or

by contacting Ms. Janice Wright electronically 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 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 mecting documents,

including agendas and minutes. TIY uscrs call the Ncw Mexico Relay at 1-

800-659-8331 and special assistance will be ITBde available to you to review

any public meeting documents, including agendas and minutes Journal:

October 17, 2010.

Published on October 17, 2010

legals.abqjournal.com/legals/.. ,fclipped... 3/3
New 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 of the 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 ofSignificant 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 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, Timely Application, 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 of emissions. 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) or possibly no permit at all.

Step I 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 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, If a 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 of certain 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 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 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 I Oetober 29, 2010

Anyone intending to present technical testimony at this hearing is required by 20.11.82.20 NMAC to submit a

written NOlice Of Intent to testify (NOl) before 5:00pm on November 23, 20 I0, 10: 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, 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 a copy ofthe 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 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 or organization 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 of the proposed regulation at the Environmental Health

Department office, or by contacting Ms. Janice Wright electronically at jcwright@cabg.govor by phone (505) 768-

260 I, 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 of 5

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 of Significant

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

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 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 C02e will be

subject to PSD requirements. If a physical change

or a change in the method of operation 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 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 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 of certain sources. Step 3 will not

require permitting of sources with GHG emissions

less than 50,000 tpy C02e 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

website

http://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

Forward email

181 S.feUneubecrlbeol>

This email was sent to nbutt@cabq.gov by jcwright@caba,goy.

Update ProfilelEmail Address I Instant removal with SafeUnsubscribe T'" I Privacy Policy.

City of Albuquerque lOne Civic PI.z. NW I Albuquenque I NM I 87102

11/10/2010

Page 5 of5

Email Marketing by
CITY OF ALBUQYERQYE

Albuquerque Environmental Health 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) of the City of Albuquerque (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 ofSignificant 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 of the (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 Letter to 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 of the Department's decision regarding the

local air board hearing.

If you have questions, please call, or have your staff contact Isreal Tavarez at (505)768-1965 or

itavarez@cabg.gov. Thank you.

SinCerelY~ -//

ary ouLeon~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 of Albuquerque

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 of Significant 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 of the signed Federal Register notices may be found at

http://www.epa.gov/nsr. EPA is proposing to find that the City of Albuquerque 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 if the Albuquerque PSD program cannot regulate GHG emissions.

If you have any further questions about the GHG Tailoring Rule or its implementation,

please contact me at (214) 665-2100, or your staff may contact Mr. Jeff Robinson of my staff at

(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 of my 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 Of The Petition To Amend 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 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

Significant Deterioration; 20.11.42 NMAC, Operating Permits; and

20.11.1 NMAC, General Provisions.

The proposed amendments are required pursuant to the Prevention of

Significant Deterioration (PSD) & Title V Greenhouse 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 power plants, 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 of emissions (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, N20, 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) or no 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 C02e 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 C02e will be subject to PSD

requirements. "In addition, sources that emit or have the potential to emit at

least 100,000 TPY C02e and that increases net emissions (physical change

or a change in the method of operation) ofGHGs by at least 75,000 TPY

C02e 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 C02e 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 of certain sources. Step 3 will not require permitting ofsources

with GHG emissions less than 50,000 tpy C02e 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 ofSignificant

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, COAlAQD, 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-8-20101

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 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)

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 of Petition 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 of Petition to Amend 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 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. Staff available 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 of each item. Each person will be given up to two minutes to speak.

....No/ice to persons with disabilities: Ifyou have a disability and require special assistance to participate in this

process. please call 311 (Voice) and special assistance will be made available to you to receive any public meeting

documents, including agendas and minutes. TTY users may request special assistance by calling 1-800-659-

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Staff Proposed 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 of allowances held by

the acid rain source; the permittee may not use allowances as a defense to noncompliance with any other applicable

requirement; any such allowance shall be 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), of Subsection 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 of monitoring equipment or methods.

(4) Record keeping.

(a) The permit shall require record keeping sufficient to assure and verify compliance with the

terms and conditions ofthe permit, including:

(i) the date, place as 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 of all monitoring data and support information shall be retained for a period of at

least five years from the date ofthe monitoring sample, measurement, report, or application. Supporting

information includes all calibration and maintenanee records and all original strip-chart recordings for continuous

monitoring in<>trumentation, and copies of all 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 of any required monitoring at least every six months; the reports shall

be due to the department within 45 days ofthe end ofthe permittee's reporting period; all instances of deviations

from permit requirements, including emergencies, must be clearly identified in such reports; all required reports

must be certified by a responsible official consistent with Paragraph (5), of Subsection A of20.11.42.12 NMAC;

(b) prompt reporting of all deviations (including emergencies) from permit requirements,

including the date, time, duration and probable eause of sueh deviations, the quantity and pollutant type of excess

emissions resulting from the deviation, and any corrective actions or preventive measures taken; such reports shall

include telephone, verbal. e-mail or facsimile communication within 24 hours ofthe start ofthe next business day

and written notification within 10 days;

(c) submittal of complianee 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

work practices; 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 of each term or condition ofthe permit that is the basis ofthe

certification;

(ii) the compliance status of the 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

DALLAS TX 75202-2733

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:

Thank you 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 of Significant Deterioration

(PSD) programs at New Mexico Air Code, Title 20, Chapter II, Parts I, 42, and 61, and the associated

revisions for the City of Albuquerque 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 of Significant 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) of Subsection WW J.PI. of20.11.61.7 NMAC as

a constituent or precursor to such pollutant; precursors identified by the administrator for

purposes of new source review are the following:

We encourage the Albuquerque Environmental Health Department (AEHD) to adopt these

revisions as expeditiously as possible to implement the 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. If you have any questions about the GHG

Tailoring Rule, or about EPA's review of your proposed rulemaking, please feel free to contact me at

214-665-6435 or contact Ms. Adina Wiley of my staff at 214-665-2115.

~o~"",-. _

Jeff Robinson

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 Free
AQD Exhibit 9 EPA Proposed Floor Amendments 20.11.61 NMAC, PRD, Page 9

(a) shall consider all relevant information, including but not limited to, historical operational

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

projections 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 could have accommodated

during the consecutive 24-month period used to establish the baseline actual emissions under Subsection I of

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

product demand growth; or

(3) may elect to use the emissions unit's potential to emit in tons per year in lieu of using the method

set out in Subparagraphs (a)-(c) ofParagraph (2) of Subsection [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 standard has been promulgated and any

pollutant identified under Paragraph (I) of Subsection [JAl] WW of 20.11.612 NMAC as a constituent or precursor

to such pollutant; precursors identified by the administrator for purposes of new source review are the following:

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

and unclassifiable areas;

(b) sulfur dioxide is a precursor to PM,.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 or EPA demonstrates that

emissions of volatile organic compounds from sources in a specific area are a significant contnbutor to that area's

ambient PM2.5 concentrations;

(2) any pollutant that is subject to any standard promulgated under Section III ofthe act;

(3) any class I or II substance subject to a standard promulgated under or established by Title VI of

the act;

(4) any pollutant that otherwise is "subject to regulation" under the Act as defined in Subsection CCC

of20.11.61.7 NMAC. [; eJlS8fJt that 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 air pellatant 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) of Subsection WW of 20.11.61.7 NMAC,

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

ofthe Act, or added to the list pursuant to Section 112(b)(2) ofthe Act, and which have not been delisted pursuant to

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

of a general pollutant listed under Section 108 ofthe Act. {6/3/10 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 not be based on condensable particulate matter unless required by the terms and

conditions of the pennit or the applicable iroplementation plan; applicability determinations made prior to this date

without accounting for condensable particulate matter shall not be considered in violation of 20.11.61 NMAC unless

the applicable iroplementation plan required condensable particulate matter to be included.

[ww,] XX. "Replacement unit" means an emission unit for which all ofthe following criteria are

met, No creditable emission reductions shall be generated from shutting down the existing emissions unit that is

replaced.

(I) The emissions unit is a reconstructed unit within the meaning of 40 CFR 60.15(b)(l), or the

emissions unit completely takes the place of an existing emissions unit.

(2) The emissions unit is identical to or functionally equivalent to the replaced emissions unit.
AQD Exhibit 10 Additional Staff Proposed Floor Amendments

(b) At an existing stationary Source that emits or has the potential to emit 100,000 tpy CO,e,

when such stationary source undertakes a physical change or change in the method of operation 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 of operations.

[~I EEE, "Visibility impairment" means any humanly perceptible change in visibility (visual

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

[J)I)D] FFF, "Volatile organic compound (VOC)" means any compound of carbon, 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 other than 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 ofSignificant

Deterioration that is filed with the state records center and archives shall not affect actions pending for violation of a

city or county ordinance or board regulation. Prosecution for a violation under prior regulation wording shall be

governed and prosecuted under the statute, ordinance, part or section in effect at the time the violation was

committed.

[20.11.61.8 NMAC - Rp, 20.11.61.9 NMAC, 1(23/06]

20.11,61.9 SEVERABILITY: If any 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 Plaza NW, 3rd Floor, Room 3023, Albuquerque, NM

87102.

[20.11.61.10 NMAC - Rp, 20.11.61.11 NMAC, 1/23/06]

20.11.61.11 APPLICABILITY:

A. The requirements of20.11.61 NMAC apply to the construction of any new major stationary

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

B. The requirements of Sections 20.11.61.12 NMAC through 20.11.61.18 NMAC, 20.11.61.21

NMAC and 20.11.61.24 NMAC apply to the construction of any new major stationary source or the major

modification of any existing major stationary source, except as 20.11.61 NMAC otherwise provides.

C. No new major stationary source or major modification to which the requirements of Subsections

A, B, C and D 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 or major modification will meet those requirements.

D. Applicability procedures.

(I) Except as otherwise provided in [SlI1lso.ti...s E ...EI f] Subsection E of 20.11.61.11 NMAC, and

consistent with the definition ofmajor modification, a project is a major modification for a regulated new source

review pollutant ifit causes a significant emissions increase and a significant net emissions increase. The project is

not 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 of emissions units being

modified, according to Paragraphs (3) through (4) of Subsection D of20.1 1.61.1 I NMAC. The procedure for

calculating (before beginning actual construction) whether a significant net emissions increase will occur at the

major stationary source (i.e., the second step ofthe process) is contained in the definition in Subsection [()()] PP of

20.11.61.7 NMAC. Regardless of any such preconstruction projections, a major modification results ifthe project

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

(3) Actual-to-projected-actual applicability test for projects that only involve exlsting emissions

units. A significant emissions increase of a regulated new source review pollutant is projected to occur ifthe sum of
AQD Exhibit # 11 - Technical Support Document for Greenhouse Gas Emissions 

Thresholds Evaluation, EPA, July 7, 2009 
Technical Support Document 

for 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 methodology used 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 Rule, 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 gasfired 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 (CO2e). CO2e normalizes the different heat trapping capacities of the different 

GHGs to that of CO2. A quantity of a GHG is converted to a CO2e 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 N2O 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 of GHGs evaluated 

for each sector. If the analysis included more than one GHG, the description includes gasspecific counts as well as a CO2e count. The threshold analyses for stationary fossil fuel 

combustion were simplified by excluding CH4 and N2O 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 supporting 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 CO2e 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. In some 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. 

SI units were used for the covered emissions to be consistent with 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

CO2e Threshold Summary -- All Stationary Source Sectors

GHG Threshold 

(tons per year)

Number of 

Existing Sources

Number of New 

Facilities Added 

per Year

CO2e 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

N2O Threshold Summary -- All Stationary Source Sectors

GHG Threshold 

(tons per year)

Number of 

Existing Sources

Number of New 

Facilities Added 

per Year

N2O 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 type) for each generator down to 0.1 MW. To 

calculate PTE, we combined the nameplate capacity and primary fuel for each of the 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

Combined 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 on North 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 potentially underestimates PTE for 

cogeneration plants, where a portion of the burner heat input provides useful thermal energy in 

addition to electric output. This potential to underestimate PTE affects 321 of 2,237 or 14 

percent of facilities 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 fuelfired 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 of the emission thresholds considered in this analysis without consideration of the 

contribution of fugitive 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 of New 

Facilities Added 

per Year

CO2Emissions 

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 CO2e. 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 N2O 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 industryspecific 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 employment basis. The 2002 

Economic Census data provided information on the number of establishments sorted by threedigit NAICS code and disaggregated into specific size categories based on employment (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 information 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 factors 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 of annual 

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 employment 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 employment 

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 employment 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 and N2O in the CO2e calculations. CO2 makes up between 99.7 to 99.3 percent

of estimated CO2e emissions. Emissions for each fuel type 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 unspecified industrial stationary combustion source emissions, the combustion 

emissions and establishment counts from 19 of these sectors were subtracted from the total 

industrial MECS analysis. For the remaining four industries, HCFC-22 production, hydrogen 

production, 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 of their 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 by NAICS 

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 of new units.

Threshold Summary

Table 12

CO2e Threshold Summary -- Unspecified Industrial Stationary Combustion

GHG Threshold 

(tons per year)

Number of 

Existing Sources

Number of New 

Facilities Added 

per Year

CO2eEmissions 

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 the permit 

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 CO2e on an actual 

emissions basis. Therefore all plants will also exceed all PTE thresholds on a CO2e basis. The 

CO2e emission estimate includes N2O process emissions that total about 5.9 million metric tons 

CO2e, and 3.4 million metric tons of CO2 from stationary fuel combustion sources. 

N2O

Individual plant production and emission estimates were not made available because of 

confidential business information (CBI) claims. However, from the Technical Support 

Document for the Adipic Acid Production 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 

N2O control efficiencies that range from 90 to 99 percent. 

The uncontrolled N2O emission factor is 300 kg N2O/mton adipic acid. Based on the two 

percent production share, this uncontrolled plant emitted about 6,000 metric tons of N2O (no 

GWP adjustment). This leaves about 13,100 metric tons of N2O 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 similar production 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 N2O 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

N2O Threshold Summary -- Adipic Acid Production

GHG Threshold 

(tons per year)

Number of 

Existing Sources

Number of New 

Facilities Added 

per Year

N2O 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

CO2e Threshold Summary -- Adipic Acid Production

GHG Threshold 

(tons per year)

Number of 

Existing Sources

Number of New 

Facilities Added 

per Year

CO2eEmissions 

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 (Na3AlF6). 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: Proposed Rule 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 

(C2F6). The GWPs of the two PFCs are 6,500 and 9,200 respectively. During the smelting 

process, when the alumina ore content of the electrolytic bath falls below critical levels required 

for electrolysis, rapid voltage increases occur, which are termed "anode effects." Anode effects 

cause carbon from the anode and fluorine from the dissociated molten cryolite bath to combine, 

and produce fugitive emissions of CF4 and C2F6. 

Anode effects released approximately 2.5 million metric tons of CF4 and C2F6 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 

CO2e basis are equivalent to about 410 short tons of combined emissions as PFC. The proposed

GHG MRR TSD estimated CO2e 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 CO2e. 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

GHG Emissions 

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

CO2e Threshold Summary -- Primary Aluminum

GHG Threshold 

(tons per year)

Number of 

Existing Sources

Number of New 

Facilities Added 

per Year

GHG Emissions 

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 N2O emission 

calculations for stationary fuel combustion based on 2006 data. For purposes of permit threshold 

analysis, the CH4 and N2O 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 effective 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

CO2eEmissions 

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 byproduct 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. In the second stage of the production process, the 

clinker is ground and mixed with gypsum 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 CO2e 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

CO2eEmissions 

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 for Process Emissions from Electronics Manufacture

(Semiconductors, 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 CO2e 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 CO2e 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 CO2e Emissions

(million mtons) PFC GWP

2006 PFC Emissions

(tons)

CF4 1.2 6,500 204

C2F6 2.2 9,200 264

C4F8 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 CO2e 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 

CO2e basis. Facility stationary fuel combustion emissions are not included in the threshold

comparisons for the industry.

Table 21

CO2e Threshold Summary -- Electronics Production 

GHG Threshold 

(tons per year)

Number of 

Existing Sources

Number of New 

Facilities Added 

per Year

CO2e 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 CO2e Emissions by Plant Size

(from the Proposed GHG MRR TSD Spreadsheet)

Ethanol Produced 

(wet milling process) 

(million gallons)

Coal Combustion Emissions

(mtons CO2e/year)

Natural Gas Combustion

Emissions

(mtons CO2e/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 CO2e

(tons per year)

Number of Existing 

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

CO2e Threshold Summary -- Ethanol

GHG Threshold 

(tons per year)

Number of 

Existing Sources

Number of New 

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 CO2e 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 of New 

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

CO2e Threshold Summary -- Ferroalloy Production

GHG Threshold 

(tons per year)

Number of 

Existing Sources

Number of New 

Facilities Added 

per Year

CO2eEmissions 

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 of New 

Facilities Added 

per Year

CO2e 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 for 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 from industrial processes and stationary fuel combustion, as well as CH4 and N2O 

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

CO2e Threshold Summary -- Glass Manufacturing

GHG Threshold 

(tons per year)

Number of 

Existing Sources

Number of New 

Facilities Added 

per Year

CO2eEmissions 

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 polymers. 

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 byproduct during the manufacture of HCFC-22. Emissions of HFC-23 in 2006 

were estimated to be 13.8 million metric tons on a CO2e basis from three HCFC-22 production 

plants. Estimates were based on the plants operating at capacity. Annual emissions in terms of 

both metric tons CO2e and tons HFC-23 are summarized in Table 30 below.
32

Table 30

HCFC-22 Production HFC-23 Emissions

HCFC-22 Production

2006 CO2e 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 Technical Support Document for Emissions of HFC-23 from Production of 

HCFC-22: Proposed Rule for Mandatory Reporting of Greenhouse Gases (EPA-HQ-OAR2008-0508-0015) estimated that all three plants emit over 100,000 metric tons CO2e 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 of New 

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

CO2e Threshold Summary -- HCFC-22 Production

GHG Threshold 

(tons per year)

Number of 

Existing Sources

Number of New 

Facilities Added 

per Year

CO2e 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 of CO2 emissions per ton of hydrogen 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 of New 

Facilities Added 

per Year

CO2e 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 CO2e estimates which included CO2, CH4, and N2O

emissions. Process CH4 emissions were backed out of the CO2e 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. N2O 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 of New 

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

CO2e Threshold Summary -- Iron and Steel Production

GHG Threshold 

(tons per year)

Number of 

Existing Sources

Number of New 

Facilities Added 

per Year

CO2e 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 of CO2 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

CO2e Threshold Summary -- Lead Production

GHG Threshold 

(tons per year)

Number of 

Existing Sources

Number of New 

Facilities Added 

per Year

CO2e 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 N2O 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 of New 

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 of SF6 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 of SF6 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 CO2e in 2006. The 

facility population totaled 13 facilities that emitted 3.0 million metric tons CO2e. 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 CO2e 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 CO2e 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 CO2e 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 of SF6.

New Units

EPA assumed no new units would be added for the sector.

Threshold Summary

Table 40

CO2e Threshold Summary -- Magnesium Production

GHG Threshold 

(tons per year)

Number of 

Existing Sources

Number of New 

Facilities Added 

per Year

CO2e 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 of HNO3 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 N2O emissions. 

Potential to Emit

The GHG PTE was calculated by multiplying actual N2O emissions as CO2e 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

N2O Threshold Summary -- Nitric Acid Production

GHG Threshold 

(tons per year)

Number of 

Existing Sources

Number of New 

Facilities Added 

per Year

N2O 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

CO2e Threshold Summary -- Nitric Acid Production

GHG Threshold 

(tons per year)

Number of 

Existing Sources

Number of New 

Facilities Added 

per Year

CO2e 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 significant compared to other 

petrochemical processes. 

Emissions from the manufacturing processes vary significantly, and process emissions

take many forms. Process emissions include direct oxidation of CO2, 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 of New 

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 of New 

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

CO2e Threshold Summary -- Petrochemical Production

GHG Threshold 

(tons per year)

Number of 

Existing Sources

Number of New 

Facilities Added 

per Year

CO2e 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 quantified 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 of New 

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 of New 

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

CO2e Threshold Summary -- Petroleum Refineries

GHG Threshold 

(tons per year)

Number of 

Existing Sources

Number of New 

Facilities Added 

per Year

CO2e 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 of phosphate 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 of New 

Facilities Added 

per Year

CO2e 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

CO2e Threshold Summary -- Pulp and Paper Manufacturing

GHG Threshold 

(tons per year)

Number of 

Existing Sources

Number of New 

Facilities Added 

per Year

CO2e 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 of New 

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 of New 

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

CO2e Threshold Summary -- Silicon Carbide Manufacturing

GHG Threshold 

(tons per year)

Number of 

Existing Sources

Number of New 

Facilities Added 

per Year

CO2e 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

CO2e Threshold Summary -- Soda Ash Production

GHG Threshold 

(tons per year)

Number of 

Existing Sources

Number of New 

Facilities Added 

per Year

CO2e 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

CO2e Threshold Summary -- Titanium Dioxide Production

GHG Threshold 

(tons per year)

Number of 

Existing Sources

Number of New 

Facilities Added 

per Year

CO2e 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 adjusted to achieve 100 percent utilization. 

New Units

EPA assumed that no new units would be constructed. 
53

Threshold Summary

Table 56

CO2e Threshold Summary -- Zinc Production

GHG Threshold 

(tons per year)

Number of 

Existing Sources

Number of New 

Facilities Added 

per Year

CO2e 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 the Fugitive Emissions 

Reporting from the Petroleum and Natural Gas Industry: Background 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 capacity 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

CO2e Threshold Summary -- Oil and Gas Systems

GHG Threshold 

(tons per year)

Number of 

Existing Sources

Number of New 

Facilities Added 

per Year

CO2e 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 N2O. 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, fugitive 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 CO2e 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 of this 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 CO2e (vented fugitive CH4 and combustion CO2).

Table 58

CO2 Threshold Summary -- Underground Coal Mining

GHG Threshold 

(tons per year)

Number of 

Existing Sources

Number of New 

Facilities Added 

per Year

CO2e 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 of New 

Facilities Added 

per Year

CO2e 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

CO2e Threshold Summary -- Underground Coal Mining

GHG Threshold 

(tons per year)

Number of 

Existing Sources

Number of New 

Facilities Added 

per Year

CO2e 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 (CO2e 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. In 2006, these landfills emitted 

14.6 million metric tons CO2e

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 of New 

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 N2O 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 noncombustion 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 nontransport/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 of farms 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 energyrelated 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 types 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 of the 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 of New 

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 from 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 of thumb 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/ft

2

-hour)

Space Heating 

Requirement* 

(Btu/ft

2

)

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 for 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 

of Units 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 of Units 

per Building

Number of New 

Buildings per Year

(1999 – 2005)

(thousands)

Fraction of All 

New Buildings 

per Year 

(1999 – 2005)

New Gas Buildings

per Year

(1999 – 2005)

(thousands)

Number of New 

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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75

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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.