reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 72 - CONSTRUCTION PERMITS › Section 20.2.72.219 - PERMIT REVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Administrative Permit Revisions:
(1)
				Administrative permit revision procedures may be used only for those permit
				revisions that:
(a) Correct typographical
				errors;
(b) Provide for a minor
				administrative change at the source, such as a change in ownership or a change
				in the address or phone number of any person identified in the
				permit;
(c) Incorporate a change in
				the permit solely involving the retiring of a source or closing of a facility
				upon notification of the Department that the permittee has ceased operations of
				the source or facility;
(d)
				Incorporate a change in the permit solely involving the deletion from the
				permit of a source or sources upon notification of the Department that the
				source or sources have not been and will not be built; or
(e) Incorporate a source or activity at the
				facility which is exempted under Subsection B of 20.2.72.202 NMAC;
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 72 - CONSTRUCTION PERMITS › Section 20.2.72.221 - ACCELERATED REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
A. Qualified
				Outside Firms:
(1) The Department shall
				request proposals from persons interested in providing assistance as a
				qualified outside firm in the accelerated review of construction permit
				applications under this Part.
(2)
				The Department shall evaluate the proposal submitted by the person. To be
				eligible to contract with the Department as a qualified outside firm a person
				must:
(a) Be legally qualified to contract
				with the Department; and
(b) Be
				qualified to assist the Department in review of permit applications, as
				determined by the Department in the Department's sole discretion.
(3) Persons who are selected as
				qualified outside firms shall be under contract with the Department for
				accelerated review of construction permit applications under this
				section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 72 - CONSTRUCTION PERMITS › Section 20.2.72.301 - APPLICABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any owner or
				operator intending to construct or modify a source which requires a permit
				under the provisions of 20.2.72.200 NMAC may elect to obtain a permit under
				20.2.72.300 NMAC - 20.2.72.399 NMAC if the source category is listed in
				20.2.72.501 NMAC.
B. 20.2.72.300
				NMAC - 20.2.72.399 NMAC shall not apply to:
(1) Any "major stationary source" as defined
				in 20.2.74 NMAC;
(2) Any facility,
				either before or after construction or modification, with a total potential to
				emit of any regulated air contaminant greater than 200 tons per year
				(tpy);
(3) Any source subject to
				the requirements of 20.2.78 NMAC or 20.2.72.400 NMAC - 20.2.72.499
				NMAC;
(4) Any reciprocating
				internal combustion (IC) engines and/or turbines located at petroleum
				refineries, chemical manufacturing plants, bulk gasoline terminals, natural gas
				processing plants, or at any facility containing sources in addition to IC
				engines and/or turbines for which an air quality permit is required through
				state or federal air quality regulations;
(5) Any source which emits or proposes to
				emit those contaminants for which the impact area from the facility intersects
				an area, or for which the area itself is:
1)
				designated nonattainment for federal ambient air quality standards;
				or
2) nonattainment for federal PSD
				increments or state ambient air quality standards according to ambient data or
				air quality modeling; or
3) shown
				by air quality data or dispersion or other air quality modeling that air
				contaminants have consumed more than 80% of state or federal ambient air
				quality standards or PSD increments for those areas where the baseline has been
				triggered for the specific PSD increments;
(6) Any source with the nearest property
				boundary located less than:
(a) 1 kilometer
				(km) from a school, residence, office building, or occupied structure.
				Buildings and structures within the immediate industrial complex of the source
				are not included.
(b) 3 km from the
				property boundary of any state park, Class II wilderness area, Class II
				national wildlife refuge, national historic park, state recreation area, or
				community with a population of more than twenty-thousand people.
(c) 10 km from the boundary of any community
				with a population of more than forty-thousand people, or
(d) 30 km from the boundary of any Class I
				area;
(7) Any source
				located in Bernalillo County or within 15 km of the Bernalillo County
				line.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 72 - CONSTRUCTION PERMITS › Section 20.2.72.302 - CONTENTS OF APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				person seeking a permit under 20.2.72.300 NMAC - 20.2.72.399 NMAC shall do so
				by filing a written application with the Department. For those applications not
				qualifying under Subsection A of 20.2.72.303 NMAC, the applicant shall also:
(1) Provide by certified mail a complete copy
				of the application and public notice to the Department's field or district
				office nearest the source; and
(2)
				Provide by certified mail a copy of the public notice to the appropriate
				federal land manager if the source will locate within 50 km of the boundary of
				a Class I area.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 72 - CONSTRUCTION PERMITS › Section 20.2.72.303 - PUBLIC NOTICE AND PARTICIPATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Applications qualifying under the
				following paragraphs of 20.2.72.300 NMAC - 20.2.72.399 NMAC are not subject to
				Subsection B of 20.2.72.303 NMAC and Paragraph 2 of Subsection C of 20.2.72.303
				NMAC: Paragraphs 1 and 2 of Subsection D of 20.2.72.301 NMAC.
B. The applicant shall:
(1) Publish notice once in a newspaper of
				general circulation in the area closest to the location of the source. This
				notice shall appear in either the classified or legal advertisements section of
				the newspaper. Notice shall be published in accordance with Department guidance
				documents and must include:
(a) The
				applicant's name and address;
(b)
				The address and phone number of the Department's Air Quality Bureau in Santa
				Fe, and the address of the field or district office where a copy of the
				application will be sent as required in Subsection A of 20.2.72.302
				NMAC;
(c) The location and a brief
				description of the source;
(d) A
				summary of estimated emissions and ambient impact for each regulated
				contaminant for the entire facility;
(e) Where required in 20.2.72.300 NMAC -
				20.2.72.399 NMAC, the applicant's public notice shall contain the following
				statement: "Any comments submitted on this permit application should address
				the relevant requirements of state and federal air quality regulations and the
				Federal Clean Air Act and the state Air Quality Control Act. The comments shall
				be submitted to the Department's Air Quality Bureau in Santa Fe within thirty
				(30) days following the date of publication";
(f) Any other information required by the
				Department; and
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 72 - CONSTRUCTION PERMITS › Section 20.2.72.304 - PERMIT DECISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				Department shall within thirty (30) days after its receipt of an application
				for a permit or permit revision review such application and determine whether
				it is administratively complete.
(1) If the
				application is deemed administratively complete, a certified letter to that
				effect shall be sent to the applicant.
(2) If the application is deemed
				administratively incomplete, a certified letter shall be sent to the applicant
				stating what additional information or points of clarification are necessary to
				deem the application administratively complete. Upon receipt of such
				information, the Department shall promptly review such information and
				determine whether the application is administratively complete.
(3) If the application is deemed
				administratively complete but no permit is required, a certified letter shall
				be sent to the applicant informing the applicant of the
				determination.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 72 - CONSTRUCTION PERMITS › Section 20.2.72.305 - GENERAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
All sources permitted pursuant to
				  20.2.72.300 NMAC -
				  20.2.72.399 NMAC shall operate in compliance with the following
				  conditions:
A. A copy of the most
				recent permit issued by the Department shall be made available to Department
				personnel for inspection upon request. If the permit is not kept at the plant
				location, a notice at the plant site shall be located in a conspicuous place
				stating the facility name and ownership, air quality permit number, and the
				address and phone number of the Department in Santa Fe;
B. The source shall operate in compliance
				with all applicable state and federal regulations, including federal new source
				performance standards incorporated by 20.2.77 NMAC and permit
				conditions;
C. The owner or
				operator of the source shall be required to conduct such performance tests as
				specified by the Department to determine compliance with emission limitations
				or technology requirements as specified in an applicable regulation or permit
				condition. Specific schedules and requirements will be listed in 20.2.72.306
				NMAC for each source class and/or in the permit. Performance test requirements
				may be reimposed on a source as necessary if inspections of the source or other
				information available to the Department, indicate noncompliance, or the
				previous test showed noncompliance or was technically unsatisfactory. In such
				cases, the Department may reimpose such tests as frequently as necessary until
				compliance is achieved and testing is performed in a manner technically
				satisfactory to the Department. The owner or operator shall:
(1) Arrange a pretest meeting with the
				Department at least two weeks prior to the anticipated test date for all
				tests;
(2) Notify the Department at
				least thirty (30) days prior to the date and time of performance testing, and
				provide the Department an opportunity to have an observer present during
				testing;
(3) Conduct performance
				tests in accordance with methods and procedures specified by the Department.
				Whenever the requirements of 40 CFR 60 apply, test methods must be utilized as
				specified in those regulations;
(4)
				Submit a written report to the Department of the results of the test within
				thirty (30) days from the test date; and
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 72 - CONSTRUCTION PERMITS › Section 20.2.72.306 - SOURCE CLASS REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				In addition to the general conditions of 20.2.72.305 NMAC, each permitted
				source listed in 20.2.72.501 NMAC (Table 2) shall also comply with the
				applicable source class requirements below:
(1) Requirements for source class category 1
				- reciprocating internal combustion (IC) engines:
(a) Gas fuel shall be produced natural gas,
				sweet natural gas, liquid petroleum gas, or fuel gas. No gas fuel shall contain
				more than 0.1 grain of total sulfur per dry standard cubic foot. Liquid fuel
				shall be first run refinery grade diesel or No. 2 fuel oil that is not a blend
				containing waste oils or solvents and contains less than 0.3% by weight
				sulfur;
(b) Within ninety (90) days
				after initial start-up of the source, the owner or operator shall conduct NOx
				and carbon monoxide (CO) performance tests on one or more engines (turbines) at
				the facility to ensure the facility is in compliance with 20.2.72.300 NMAC -
				20.2.72.399 NMAC and permit requirements, including emission limits and any
				applicable pollution control device reduction efficiency requirements for NOx.
				The Department shall specifically identify in the permit each engine or turbine
				subject to initial performance testing requirements. Tests shall be conducted
				in accordance with the requirements of Subsection C of 20.2.72.305
				NMAC;
(c) Any engine which operates
				with a non-selective catalytic converter shall comply with the following
				requirements:
i. Any spark ignited gas-fired
				or any compression ignited dual fuel-fired engine shall be equipped and
				operated with an automatic air-fuel ratio (AFR) controller which maintains AFR
				in the range required to minimize NOx emissions, as recommended by the
				manufacturer; and
ii. The owner or
				operator shall make and maintain records to demonstrate that the manufacturer's
				or supplier's recommended maintenance is performed, including replacement of
				the oxygen sensor as necessary for oxygen-based AFR controllers, and cleaning,
				regeneration, and/or replacement of catalyst(s) as necessary to maintain at
				least the NOx reduction efficiencies across the catalyst bed that are specified
				in the permit.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 72 - CONSTRUCTION PERMITS › Section 20.2.72.400 - PREAMBLE

Current through Register Vol. 35, No. 13, July 16, 2024
The Board is concerned about the increasingly common presence
				  of toxic air pollutants in the ambient air. The Board believes that the best
				  approach to regulating sources of toxic air pollutants over the long term is to
				  set ambient standards for each pollutant of concern. However, because of
				  financial constraints, the unavailability of sufficient information to
				  establish such ambient standards, the time necessary to establish such
				  standards for the contaminants identified as toxic air pollutants and because
				  the Board wishes to implement a toxic air pollutant permitting program as soon
				  as possible, the Board has adopted a source-by-source permit-based approach for
				  the present. Under this permit-based approach, the Board has given limited
				  authority to the Department to use factors of the OELs (occupational exposure
				  limits) in evaluating permit applications. The Board recognizes that the use of
				  OELs, or factors of them, as ambient air standards would be inappropriate;
				  therefore, the Board has authorized their use for screening purposes only. This
				  authorization is not intended to represent, and should not be interpreted as, a
				  finding by the Board that these factors are suitable for determining safe or
				  unsafe ambient air concentrations. Various respected groups, such as the
				  American Conference of Governmental Industrial Hygienists (ACGIH), may develop
				  ambient air exposure guidelines in the future. Development of ambient air
				  guidelines by groups such as this could be the basis for developing toxic air
				  pollutant ambient air standards. The Board also notes that the Department
				  currently is developing an emissions inventory of toxic air pollutants. An
				  emissions inventory may identify toxic air pollutants that are of particular
				  concern in New Mexico. The Board believes that efforts like these may
				  facilitate the development of toxic air pollutant ambient air standards. For
				  these reasons, the Board requests the Department to prepare and present a
				  report to the Board within five years of the effective date of the toxic air
				  pollutant permitting requirements. The report shall review and evaluate the
				  implementation of the toxic air pollutant permitting program, summarize the
				  results of the toxic air pollutant inventory gathered pursuant to AQCR 752, and
				  review scientific and technical progress made in the area of toxic air
				  pollutants that might facilitate the development of toxic air pollutant ambient
				  air standards. The Board shall schedule a discussion of this report at a
				  regular monthly meeting within three months of the publication of this
				  report.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 72 - CONSTRUCTION PERMITS › Section 20.2.72.401 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the definitions in
				  20.2.72.7
				  NMAC, the following definitions apply to
				  20.2.72.400
				  NMAC - 20.2.72.499 NMAC:
A. "Best
				available control technology" means an emission limitation based on the maximum
				degree of reduction in emissions of each contaminant subject to this Part which
				the Secretary (or the Board), on a case-by-case basis, taking into
				consideration the cost of achieving such emission reduction, and any non-air
				quality health and environmental impacts resulting from the use of such
				technology, determines is achievable for the source, through application of
				measures, processes, methods, systems, or techniques including, but not limited
				to, measures which:
(1) Reduce the volume of
				such pollutants through process changes, substitutions of materials, or other
				modifications, or
(2) Enclose
				systems or processes to eliminate emissions, or
(3) Collect, capture or treat such pollutants
				when released from a process, stack, storage, or fugitive emission
				point.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 72 - CONSTRUCTION PERMITS › Section 20.2.72.402 - APPLICABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. All the
				requirements of 20.2.72.400 NMAC - 20.2.72.499 NMAC for toxic air pollutants
				shall supplement other provisions of this Part (20.2.72 NMAC).
B. A permit must be obtained from the
				Department by any person prior to the construction or modification of a new
				source which has total potential emissions of a toxic air pollutant into the
				ambient air that exceed the emission level in pounds per hour specified in
				20.2.72.502 NMAC, and one or more of the following conditions are met:
(1) The toxic air pollutant is listed under
				applicable primary and secondary SIC codes appropriate for the source in the US
				EPA SIC/Pollutant Index (Appendix C of EPA-450/4-86-010 ); or
(2) The toxic air pollutant is known by the
				owner or operator to be emitted into the ambient air because of:
(a) Information from material safety data
				sheets and hazard labelling required under the OSHA Hazard Communications
				Standard
				29 CFR
				1910.1200, or
(b) Information from reports required under
				the Federal Emergency Planning and Community Right-to-Know Act of 1986, P.L.
				99-499, Title III, Sections 300-330, or
(c) Other information reasonably available to
				the owner or operator based on the source's obligations under other regulatory
				programs; or
(3) The
				toxic air pollutant is identified by the Department on or before the date the
				application is determined to be complete, as likely to be emitted from a
				source. The Department shall also provide the owner or operator a reasonable
				basis to support the belief that the source will emit such toxic air
				pollutant.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 72 - CONSTRUCTION PERMITS › Section 20.2.72.403 - CONTENTS OF APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. For
				the Department to deem administratively complete a permit application for the
				emission of a toxic air pollutant, the application shall contain, in addition
				to the requirements of 20.2.72.203 NMAC, the following items:
(1) Identification of all toxic air
				pollutants that may be emitted in excess of the screening level (specified in
				pounds per hour) in 20.2.72.502 NMAC;
(2) Air quality modeling, in accordance with
				methods approved by the US EPA or the Department, that estimates ambient
				concentrations that would be caused by the proposed emissions. The modeling for
				the toxic air pollutants will include available emissions supplied by the
				Department from registration and permitting information from all registered or
				permitted sources in the area of the source being permitted.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 72 - CONSTRUCTION PERMITS › Section 20.2.72.404 - PUBLIC NOTICE AND PARTICIPATION

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the requirements of
				  20.2.72.206
				  NMAC:
A. The Department shall meet
				with the applicant during the permit application process, prior to deeming the
				application administratively complete, to discuss the need for additional data
				and information not initially submitted by the applicant; and
B. The Department shall promptly advise the
				applicant of all medical or other scientific evidence the Department uses to
				evaluate the health effects of the toxic air pollutant emissions and make
				available to the applicant in a timely manner all information, including all
				previous decisions on the toxic air pollutant in question.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 72 - CONSTRUCTION PERMITS › Section 20.2.72.500 - TABLE 1- SIGNIFICANT AMBIENT CONCENTRATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Pollutant
Averaging
				  Time
Total Suspended Particulate 1.0 ug/m3 (Annual)
5.0 ug/m3 (24-hour)
PM10 1.0 ug/m3 (Annual)
5.0 ug/m3 (24-hour)
Sulfur Dioxide 1.0 ug/m3 (Annual)
5.0 ug/m3 (24-hour)
25.0 ug/m3 (3-hour)
Hydrogen Sulfide 1.0 ug/m3 (1-hour)
5.0 ug/m3 (1/2-hour)
Carbon Monoxide 0.5 mg/m3 (8-hour)
2.0 mg/m3 (1-hour)
Nitrogen Dioxide 1.0 ug/m3 (Annual)
5.0 ug/m3 (24-hour)
Non-Methane Hydrocarbons 5.0 ug/m3 (3-hour)
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 72 - CONSTRUCTION PERMITS › Section 20.2.72.501 - TABLE 2- PERMIT STREAMLINING SOURCE CLASS CATEGORIES

Current through Register Vol. 35, No. 13, July 16, 2024
1. Reciprocating internal combustion engines
				including portable or temporary engines
2. Turbines
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 73 - NOTICE OF INTENT AND EMISSIONS INVENTORY REQUIREMENTS › Section 20.2.73.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons who own or operate a source or who intend to
				  construct or modify a source.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 73 - NOTICE OF INTENT AND EMISSIONS INVENTORY REQUIREMENTS › Section 20.2.73.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Environmental Improvement Act, NMSA 1978, Section
				  74-1-8(A)(4), and Air Quality Control Act, NMSA 1978, Sections
				  74-2-1 et
				  seq., including specifically, Section 74-2-7(A)(1) and (B).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 73 - NOTICE OF INTENT AND EMISSIONS INVENTORY REQUIREMENTS › Section 20.2.73.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 30, 1995 except where a later date is cited at the
				  end of a section or paragraph.
[The latest effective date of any section in this Part is
				  July 6, 2011.]
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 73 - NOTICE OF INTENT AND EMISSIONS INVENTORY REQUIREMENTS › Section 20.2.73.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part is to establish requirements for
				  the submission of certain relevant information to ensure that the regulations
				  and standards under the Air Quality Control Act and the federal act will not be
				  violated, and to facilitate the quantification of greenhouse gas emissions in
				  New Mexico.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 73 - NOTICE OF INTENT AND EMISSIONS INVENTORY REQUIREMENTS › Section 20.2.73.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the terms defined in 20.2.2 NMAC
				  (Definitions), as used in this part, the following apply.
A. "Air pollution control equipment" means
				any device, equipment, process or combination thereof the operation of which
				would limit, capture, reduce, confine, or otherwise control air contaminants or
				convert for the purposes of control any air contaminant to another form,
				another chemical or another physical state.
B. "California climate action registry" means
				the voluntary registry for greenhouse gas emissions established pursuant to
				California Health & Safety Code D. 26, Pt. 4, Ch. 6 (West 2007).
C. "Commencement" means that an owner or
				operator has undertaken a continuous program of construction or
				modification.
D. "Construction"
				means fabrication, erection, installation or relocation of a stationary source,
				including but not limited to temporary installations and portable stationary
				sources.
E. "Emission report or
				inventory" means a listing, by source, of the amount of air pollutants
				discharged into the atmosphere of a community.
F. "Fuel carbon content" means the mass of
				carbon per unit of heat content of a fuel.
G. "Fugitive emissions" are those emissions
				which could not reasonably pass through a stack, chimney, vent, or other
				functionally-equivalent opening.
H.
				"Greenhouse gas emissions reporting year" means the calendar year in which
				greenhouse gas emissions required to be reported under this part
				occurred.
I. "Modification" means
				any physical change in, or change in the method of operation of, a stationary
				source which results in an increase in the potential emission rate of any
				regulated air contaminant emitted by the source or which results in the
				emission of any regulated air contaminant not previously emitted, but does not
				include:
(1) a change in ownership of the
				source;
(2) routine maintenance,
				repair or replacement;
(3)
				installation of air pollution control equipment, and all related process
				equipment and materials necessary for its operation, undertaken for the purpose
				of complying with regulations adopted by the board or pursuant to the federal
				Clean Air Act; or
(4) unless
				previously limited by enforceable permit conditions:
(a) an increase in the production rate, if
				such increase does not exceed the operating design capacity of the
				source;
(b) an increase in the
				hours of operation; or
(c) use of
				an alternative fuel or raw material if, prior to January 6, 1975, the source
				was capable of accommodating such fuel or raw material, or if use of an
				alternate fuel or raw material is caused by any natural gas curtailment or
				emergency allocation or any other lack of supply of natural gas.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 73 - NOTICE OF INTENT AND EMISSIONS INVENTORY REQUIREMENTS › Section 20.2.73.106 - AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
This part amends and supersedes Air Quality Control
				  Regulation ("AQCR") 703.1 - Notice of Intent and Emissions Inventory
				  Requirements last filed May 29, 1990, as amended ("AQCR 703.1").
A. All references to AQCR 703.1 in any other
				rule shall be construed as a reference to this part.
B. The amendment and supersession of AQCR
				703.1 shall not affect any administrative or judicial enforcement action
				pending on the effective date of such amendment nor the validity of any permit
				issued pursuant to AQCR 703.1.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 73 - NOTICE OF INTENT AND EMISSIONS INVENTORY REQUIREMENTS › Section 20.2.73.200 - NOTICE OF INTENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Applicability:
(1) Any owner or operator
				intending to construct a new stationary source which has a potential emission
				rate greater than 10 tons per year of any regulated air contaminant or 1 ton
				per year of lead shall file a notice of intent with the department.
(2) Any owner or operator intending to modify
				a stationary source which either prior to or following the modification has a
				potential emission rate greater than 10 tons per year of any regulated air
				contaminant or 1 ton per year of lead shall file a notice of intent with the
				department.
(3) The requirements of
				20.2.73.200 NMAC do not apply to stationary sources or modifications located in
				Bernalillo county.
(4) The notice
				of intent shall be filed prior to the commencement of construction.
				Construction shall not begin prior to issuance of a written determination by
				the department that a permit is not required, or if a permit is required, prior
				to the issuance of the permit under 20.2.72 NMAC, 20.2.74 NMAC or 20.2.79
				NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 73 - NOTICE OF INTENT AND EMISSIONS INVENTORY REQUIREMENTS › Section 20.2.73.300 - EMISSION INVENTORY REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Applicability. The requirements of
				20.2.73.300 NMAC apply to the owner or operator of any stationary source
				located outside of Bernalillo county which:
(1) has been issued a permit under 20.2.72
				NMAC (Construction Permits) during any period of time, except for toxic air
				pollutant permits issued under Sections 401 to 499 of 20.2.72 NMAC;
(2) is required to file a notice of intent
				under 20.2.73.200 NMAC; or
(3)
				emits in excess of 1 ton of lead or 10 tons of total suspended particulate,
				PM10, PM2.5, sulfur dioxide, nitrogen oxides, carbon monoxide, or volatile
				organic compounds in any calendar year including and subsequent to
				1990.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 74 - PERMITS - PREVENTION OF SIGNIFICANT DETERIORATION (PSD) › Section 20.2.74.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Any person constructing any new major stationary source or
				  major modification as defined in this Part, that emits or will emit regulated
				  pollutants in an attainment or unclassified area.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 74 - PERMITS - PREVENTION OF SIGNIFICANT DETERIORATION (PSD) › Section 20.2.74.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The Environmental Improvement Board "shall promulgate
				  regulations and standards in...air quality management" (NMSA 1978, section
				  74-1-8.A) and "the
				  environmental improvement board...shall adopt...regulations to attain and
				  maintain national ambient air quality standards and prevent or abate air
				  pollution..." (NMSA 1978, section
				  74-2-5.B).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 74 - PERMITS - PREVENTION OF SIGNIFICANT DETERIORATION (PSD) › Section 20.2.74.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 20, 1995, except where a later date is cited at the end
				  of a section or paragraph.
[The latest effective date of any section in this Part is
				  8/18/14.]
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 74 - PERMITS - PREVENTION OF SIGNIFICANT DETERIORATION (PSD) › Section 20.2.74.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this Part is to require any person
				  constructing any new major stationary source or major modification as defined
				  in this Part, that emits or will emit regulated pollutants in an attainment or
				  unclassified area, to obtain a permit from the Department in accordance with
				  the requirements of this Part prior to the construction or
				  modification.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 74 - PERMITS - PREVENTION OF SIGNIFICANT DETERIORATION (PSD) › Section 20.2.74.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Terms used but not defined in this part shall have the
				  meaning given them by 20.2.2 NMAC (Definitions) (formerly AQCR 100). As used in
				  this part the following definitions shall apply.
A. "Act" means the Federal Clean Air Act, as
				amended, 42 U. S. C. Sections 7401 et seq.
B. "Actual emissions" means the actual rate
				of emissions of a regulated new source review pollutant from an emissions unit,
				as determined in accordance with Paragraphs (2) through (4) of this subsection.
(1) This definition shall not apply for
				calculating whether a significant emissions increase has occurred, or for
				establishing a PAL under 20.2.74.320 NMAC. Instead, Subsections G and AR of
				this section shall apply for those purposes.
(2) In general, actual emissions as of a
				particular date shall equal the average rate, in tons per year, at which the
				unit actually emitted the pollutant during a consecutive 24-month period which
				precedes the particular date and which is representative of normal source
				operation. The department shall allow the use of a different time period upon a
				determination that it is more representative of normal source operation. Actual
				emissions shall be calculated using the unit's actual operating hours,
				production rates, and types of materials processed, stored, or combusted during
				the selected time period.
(3) The
				department may presume that source-specific allowable emissions for the unit
				are equivalent to the actual emissions of the unit.
(4) For any emissions unit that has not begun
				normal operations on the particular date, actual emissions shall equal the
				potential to emit of the unit on that date.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 74 - PERMITS - PREVENTION OF SIGNIFICANT DETERIORATION (PSD) › Section 20.2.74.8 - AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
This Part amends and supersedes Air Quality Control
				  Regulation (AQCR) 707, which was originally filed on February 14, 1984, and
				  subsequently refiled on July 15, 1986; August 1, 1988; and May 29, 1990. All
				  references to AQCR 707 in any other rule shall be understood as a reference to
				  this Part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 74 - PERMITS - PREVENTION OF SIGNIFICANT DETERIORATION (PSD) › Section 20.2.74.9 - DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Documents cited in this Part may be viewed at the New Mexico
				  Environment Department, Air Quality Bureau, Harold Runnels Building, 1190 St.
				  Francis Drive, Santa Fe, NM 87503 [1301 Siler Rd., Bldg. B, Santa Fe, NM
				  87507].
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 74 - PERMITS - PREVENTION OF SIGNIFICANT DETERIORATION (PSD) › Section 20.2.74.10 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any provision of this part, or the application of such
				  provision to any person or circumstance, is held invalid, the remainder of this
				  part, or the application of such provision to persons or circumstances other
				  than those as to which it is held invalid, shall not be affected
				  thereby.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 74 - PERMITS - PREVENTION OF SIGNIFICANT DETERIORATION (PSD) › Section 20.2.74.11 - CONSTRUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
This part shall be liberally construed to carry out its
				  purpose.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 74 - PERMITS - PREVENTION OF SIGNIFICANT DETERIORATION (PSD) › Section 20.2.74.12 - SAVINGS CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
Repeal or supersession of prior versions of this part shall
				  not affect any administrative or judicial action initiated under those prior
				  versions.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 74 - PERMITS - PREVENTION OF SIGNIFICANT DETERIORATION (PSD) › Section 20.2.74.13 - COMPLIANCE WITH OTHER REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Compliance with this part does not relieve a person from the
				  responsibility to comply with any other applicable federal, state, or local
				  regulations.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 74 - PERMITS - PREVENTION OF SIGNIFICANT DETERIORATION (PSD) › Section 20.2.74.14 - LIMITATION OF DEFENSE

Current through Register Vol. 35, No. 13, July 16, 2024
The existence of a valid permit under this part shall not
				  constitute a defense to a violation of any section of this part, except the
				  requirement for obtaining a permit.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 74 - PERMITS - PREVENTION OF SIGNIFICANT DETERIORATION (PSD) › Section 20.2.74.108 - RESTRICTIONS ON AREA CLASSIFICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Mandatory Class I Federal areas:
(1) The following areas which were in
				existence on August 7, 1977, shall be mandatory Class I Federal areas and may
				not be redesignated:
(a) International parks
				(all of them);
(b) National
				wilderness areas which exceed 5,000 acres in size;
(c) National memorial parks which exceed
				5,000 acres in size; and
(d)
				National parks which exceed 6,000 acres in size.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 74 - PERMITS - PREVENTION OF SIGNIFICANT DETERIORATION (PSD) › Section 20.2.74.201 - EXEMPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
This Part shall not apply to:
A. Each regulated pollutant emitted for which
				the area the source proposes to locate in is designated as
				nonattainment;
B. Sources or
				modifications that are part of a nonprofit health or nonprofit educational
				institution and are approved by the Secretary;
C. A portable stationary source which has
				previously received a permit pursuant to this Part; and
(1) The owner or operator proposes to
				relocate the source, and emissions from the source at the new location will be
				temporary; and
(2) The emissions
				from the source would not exceed its allowable emission rate; and
(3) The emissions from the source would not
				impact any Class I Federal area nor any area where an applicable increment is
				known to be violated; and
(4)
				Reasonable notice is given to the Department prior to the relocation
				identifying the proposed new location and probable duration of operation at the
				new location. Such notice shall be given to the Department not less than ten
				(10) days in advance of the proposed relocation unless a different time
				interval is previously approved by the Department;
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 74 - PERMITS - PREVENTION OF SIGNIFICANT DETERIORATION (PSD) › Section 20.2.74.301 - SOURCE INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
The owner or operator of a proposed source or modification
				  shall submit all information necessary to perform any analysis or make any
				  determination required under this Part.
A. Information shall include, but is not
				limited to:
(1) A description of the nature,
				location, design capacity, and typical operating schedule of the source or
				modification, including specifications and drawings showing the design and
				plant layout; and
(2) A detailed
				schedule of construction of the source or modification; and
(3) A detailed description of the planned
				system of continuous emission reduction for the source or modification,
				emission estimates, and other information necessary to determine that Best
				Available Control Technology will be applied.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 74 - PERMITS - PREVENTION OF SIGNIFICANT DETERIORATION (PSD) › Section 20.2.74.302 - CONTROL TECHNOLOGY REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A new major stationary source shall apply
				Best Available Control Technology for each regulated pollutant that it would
				have the potential to emit in amounts equal to or greater than the significance
				levels as listed in Table 2 of this Part (20.2.74.502 NMAC). This requirement
				applies to each proposed emissions unit or operation that will emit such
				pollutant.
B. A major modification
				shall apply Best Available Control Technology for each regulated pollutant at
				the source when a significant net emissions increase occurs as defined in this
				Part. This requirement applies to each proposed emissions unit or operation
				where a net emissions increase in the pollutant would occur as a result of a
				physical change or change in the method of operation 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
				eighteen (18) months prior to commencement of construction of each independent
				phase of the project. 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.
D. The Department may approve a system of
				innovative control technology for the major stationary source or major
				modification if:
(1) The proposed control
				system would not cause or contribute to an unreasonable risk to public health,
				welfare, or safety in its operation or function; and
(2) The owner or operator agrees to achieve a
				level of continuous emissions reduction equivalent to that which would have
				been required under Best Available Control Technology by a date specified by
				the Department. Such date shall not be later than four (4) years from the time
				of startup or seven (7) years from permit issuance; and
(3) The source or modification would meet the
				requirements of 20.2.74.302 NMAC and 20.2.74.303 NMAC based on the emission
				rate that 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 level, the source or modification would not:
(a) Cause or contribute to a violation of an
				applicable national ambient air quality standard; nor
(b) Impact any Class I Federal area;
				nor
(c) Impact any area where an
				applicable increment is known to be violated; and
(5) All other applicable requirements
				including those for public participation have been met.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 74 - PERMITS - PREVENTION OF SIGNIFICANT DETERIORATION (PSD) › Section 20.2.74.303 - AMBIENT IMPACT REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The requirements of this section shall apply to each pollutant emitted by a new
				major stationary source or major modification in amounts equal to or greater
				than those in Table 2 of this Part (20.2.74.502 NMAC). For
				PM10, the source will only be required to perform
				ambient impact analysis for PM10 when the source has the
				potential to emit significant amounts of PM10 (Table 2,
				20.2.74.502 NMAC).
B. The allowable
				emission increases from the proposed source or modification, including
				secondary emissions, in conjunction with all other applicable emissions
				increases or reductions, including secondary emissions, shall not cause or
				contribute to air pollution in violation of:
(1) any national ambient air quality standard
				in any location; or
(2) any
				applicable maximum allowable increase as shown in Table 4 of this Part
				(20.2.74.504 NMAC) over the baseline concentrations in any area;
(3) the owner or operator of the proposed
				major stationary source or major modification shall demonstrate that neither
				Paragraph (1) nor Paragraph (2) of 20.2.74.303 NMAC will occur.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 74 - PERMITS - PREVENTION OF SIGNIFICANT DETERIORATION (PSD) › Section 20.2.74.304 - ADDITIONAL IMPACT REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The owner or operator of the proposed major stationary source or major
				modification shall provide an analysis of the impairment to visibility, soils,
				and vegetation that would occur as a result of the source or modification and
				general commercial, residential, industrial, and other growth associated with
				the source or modification. The owner or operator need not provide an analysis
				of the impact on vegetation having no significant commercial or recreational
				value. The analysis can use data or information available from the
				Department.
B. The owner or
				operator shall also provide an analysis of the air quality impact projected for
				the area as a result of general commercial, residential, industrial, and other
				growth associated with the source or modification.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 74 - PERMITS - PREVENTION OF SIGNIFICANT DETERIORATION (PSD) › Section 20.2.74.305 - AMBIENT AIR QUALITY MODELING

Current through Register Vol. 35, No. 13, July 16, 2024
All estimates of ambient concentrations required by this Part
				  shall be based on applicable air quality models, data bases, and other
				  requirements as specified in EPA's Guideline on Air Quality Models
				  (EPA-450/2-78-027 R, July, 1986), its revisions, or any superseding EPA
				  document, and approved by the Department. Where an air quality impact model
				  specified in the Guideline on Air Quality Models is inappropriate, the model
				  may be modified or another model substituted. Any substitution or modification
				  of a model must be approved by the Department. Notification shall be given by
				  the Department of such a substitution or modification and the opportunity for
				  public comment provided for in fulfilling the public notice requirements in
				  subsection B of
				  20.2.74.400
				  NMAC. The Department will seek EPA approval of such substitutions or
				  modifications.