New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 74 - PERMITS - PREVENTION OF SIGNIFICANT DETERIORATION (PSD) › Section 20.2.74.200 - APPLICABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. The requirements
				of this part apply to the construction of any new major stationary source (as
				defined in 20.2.74.7 NMAC) or any project at an existing major stationary
				source in an area designated as attainment or unclassifiable.
B. The requirements of Sections 300 through
				306, 400 and 403 of this part apply to the construction of any new major
				stationary source or the major modification of any existing major stationary
				source, except as this part otherwise provides.
C. No new major stationary source or major
				modification to which the requirements of Subsections A, B, C and D of
				20.2.74.300 NMAC, and Sections 301, 302, 303, 304, 305, 306, 400 and 403 of
				this part 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 Subsections E and F of this section, and consistent with the definition of
				major modification contained in 20.2.74.7 NMAC, a project is a major
				modification for a regulated new source review pollutant if it causes two types
				of emissions increases - a significant emissions increase (as defined in
				20.2.74.7 NMAC), and a significant net emissions increase (as defined in
				Subsections AL and AX of 20.2.74.7 NMAC). 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 (4) of this subsection. 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 20.2.74.7 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 involve existing emissions units. A significant
				emissions increase of a regulated new source review pollutant is projected to
				occur if the sum of the difference between the projected actual emissions (as
				defined in 20.2.74.7 NMAC) and the baseline actual emissions (as defined in
				Paragraphs (1) and (2) of Subsection G of 20.2.74.7 NMAC) for each existing
				emissions unit, equals or exceeds the significant amount for that pollutant (as
				defined in 20.2.74.7 NMAC).
(4)
				Actual-to-potential test for projects that involve construction of a new
				emissions unit(s). A significant emissions increase of a regulated new source
				review pollutant is projected to occur if the sum of the difference between the
				potential to emit (as defined in 20.2.74.7 NMAC) from each new emissions unit
				following completion of the project and the baseline actual emissions (as
				defined in Paragraph (3) of Subsection G of 20.2.74.7 NMAC) of these units
				before the project equals or exceeds the significant amount for that pollutant
				(as defined in 20.2.74.7 NMAC).
(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 this subsection as applicable
				with respect to each emissions unit, for each type of emissions unit equals or
				exceeds the significant amount for that pollutant. For example, if a project
				involves both an existing emissions unit and a new emissions unit, the
				projected increase is determined by summing the values determined using the
				method specified in Paragraph (3) of this subsection for the existing unit and
				determined using the method specified in Paragraph (4) of this subsection for
				the new unit.