New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 61 - PREVENTION OF SIGNIFICANT DETERIORATION › Section 20.11.61.11 - APPLICABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. The requirements
				of 20.11.61 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 unclassifiable.
B.
				The requirements of 20.11.61.12 NMAC through 20.11.61.18NMAC, 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 of
				20.11.61.12 NMAC, 20.11.61.13 NMAC through 20.11.61.18 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.
(1) Except
				as otherwise provided in Subsection E of 20.11.61.11 NMAC, and consistent with
				the definition of major modification, a project is a major modification for a
				regulated NSR pollutant if it causes a significant emissions increase and a
				significant net emissions increase. The project is not a major modification if
				it does not cause a significant emissions increase. If the project causes a
				significant emissions increase, then the project is a major modification only
				if it also results in a significant net emissions increase.
(2) The procedure for calculating (before
				beginning actual construction) whether a significant emissions increase (i.e.,
				the first step of the process) will occur depends upon the type of emissions
				units being modified, according to Paragraphs (3) through (5) of Subsection D
				of 20.11.61.11 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 of the 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 if the project causes
				a significant emissions increase and a significant net emissions
				increase.
(3)
Actual-to-projected-actual applicability test for projects that only involve
				existing emissions units.
A significant emissions increase of a
				regulated NSR pollutant is projected to occur if the sum of the difference
				between the projected actual emissions and the baseline actual emissions for
				each existing emissions unit equals or exceeds the significant amount for that
				pollutant.
(4)
Actual-to-potential test for projects that only involve construction of a new
				emissions unit(s).
A significant emissions increase of a regulated NSR
				pollutant is projected to occur if the sum of the difference between the
				potential to emit from each new emissions unit following completion of the
				project and the baseline actual emissions of these units before the project
				equals or exceeds the significant amount for that pollutant.
(5)
Hybrid test for projects that
				involve multiple types of emissions units.
A significant emissions
				increase of a regulated NSR pollutant is projected to occur if the sum of the
				emissions increases for each emissions unit, using the method specified in
				Paragraphs (3) and (4) of Subsection D of 20.11.61.11 NMAC as applicable with
				respect to each emissions unit, for each type of emissions unit equals or
				exceeds the significant amount for that pollutant.