reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 74 - PERMITS - PREVENTION OF SIGNIFICANT DETERIORATION (PSD) › Section 20.2.74.306 - MONITORING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				application for a permit under this part shall contain an analysis of ambient
				air quality. Air quality data can be that measured by the applicant or that
				available from a government agency in the area affected by the major stationary
				source or major modification. The analysis shall contain the following:
(1) for a major stationary source, each
				pollutant for which the potential to emit is equal to or greater than the
				significant emission rates as listed in Table 2 of this part (20.2.74.502
				NMAC); or
(2) for a major
				modification, each pollutant that would result in a significant net emission
				increase.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 74 - PERMITS - PREVENTION OF SIGNIFICANT DETERIORATION (PSD) › Section 20.2.74.307 - TEMPORARY SOURCE EXEMPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The requirements of
				  20.2.74.304
				  NMAC and
				  20.2.74.306
				  NMAC shall not apply to a temporary source subject to this Part for a given
				  pollutant if the allowable emissions of such pollutant would not impact any
				  Class I Federal area or any areas where an applicable increment is violated and
				  would be temporary.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 74 - PERMITS - PREVENTION OF SIGNIFICANT DETERIORATION (PSD) › Section 20.2.74.320 - ACTUALS PLANTWIDE APPLICABILITY LIMITS (PALS)

Current through Register Vol. 35, No. 13, July 16, 2024
A. Applicability.
(1) The department may approve the use of an
				actuals PAL, including for GHGs on either a mass basis or a
				CO2e basis, for any existing major stationary source or
				any other existing GHG-only source if the PAL meets the requirements in this
				section. The term "PAL" shall mean "actuals PAL" throughout this
				section.
(2) Any physical change in
				or change in the method of operation of a major stationary source or a GHG-only
				source that maintains its total source-wide emissions below the PAL level,
				meets the requirements of this section, and complies with the PAL permit:
(a) is not a major modification for the PAL
				pollutant;
(b) does not have to be
				approved through the requirements of this part; and
(c) is not subject to the provisions in
				Subsection D of 20.2.74.300 NMAC (restrictions on relaxing enforceable emission
				limitations that the major stationary source used to avoid applicability of the
				major new source review program); and
(d) does not make GHGs subject to regulation
				as defined by Subsection AZ of 20.2.74.7 NMAC.
(3) Except as provided under Subparagraph (c)
				of Paragraph (2) of this subsection, a major stationary source or GHG-only
				source shall continue to comply with all applicable federal or state
				requirements, emission limitations, and work practice requirements that were
				established prior to the effective date of the PAL.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 74 - PERMITS - PREVENTION OF SIGNIFICANT DETERIORATION (PSD) › Section 20.2.74.400 - PUBLIC PARTICIPATION AND NOTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The Department shall, within thirty (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 20.2.74.301 NMAC in addition to
				the requirements of 20.2.72 NMAC. If the application is deemed:
(1) 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 are necessary to deem the application
				administratively complete. Upon receipt of the additional information or
				clarification, the Department 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 of the determination.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 74 - PERMITS - PREVENTION OF SIGNIFICANT DETERIORATION (PSD) › Section 20.2.74.401 - STACK HEIGHT CREDIT

Current through Register Vol. 35, No. 13, July 16, 2024
The Department shall review all applications in accordance
				  with the provisions of 20.2.80 NMAC (Stack Heights) (formerly Air Quality
				  Control Regulation 710 -- Stack Height Requirements).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 74 - PERMITS - PREVENTION OF SIGNIFICANT DETERIORATION (PSD) › Section 20.2.74.402 - EXCLUSIONS FROM INCREMENT CONSUMPTION

Current through Register Vol. 35, No. 13, July 16, 2024
Following a public hearing, the Secretary may exclude the
				  following concentrations in determining compliance with a maximum allowable
				  increase:
A. Concentrations due to the
				increase in emissions from stationary sources, over the emissions from such
				sources before the effective date of an order under sections 2(a) and (b) of
				the Energy Supply and Environmental Coordination Act of 1974 (or any
				superseding legislation). Sources must have converted from the use of petroleum
				products, natural gas, or both by reason of such order. This exclusion shall
				not apply more than five (5) years after the effective date of such an order;
				or
B. Concentrations due to the
				increase in emissions from sources, over the emissions from such sources before
				the effective date of a plan in effect pursuant to the Federal Power Act.
				Sources must have converted from using natural gas by reason of a natural gas
				curtailment plan. This exclusion shall not apply more than five (5) years after
				the effective date of such a plan; or
C. Concentrations of particulate matter due
				to the increase in emissions from construction or other temporary
				emission-related activities of new or modified sources; or
D. The increase in concentrations due to new
				sources outside the United States over the concentrations attributed to
				existing sources which are included in the baseline concentrations.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 74 - PERMITS - PREVENTION OF SIGNIFICANT DETERIORATION (PSD) › Section 20.2.74.501 - TABLE 1- PSD SOURCE CATEGORIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Carbon black plants (furnace
				process)
B. Charcoal production
				plants
C. Chemical process
				plants
D. Coal cleaning plants
				(with thermal dryers)
E. Coke oven
				batteries
F. Fossil fuel boilers
				(or combinations thereof) totaling more than 250 million BTU/hr heat
				input
G. Fossil fuel-fired steam
				electric plants of more than 250 million BTU/hr heat input
H. Fuel conversion plants
I. Glass fiber processing plants
J. Hydrofluoric acid plants
K. Iron and steel mills
L. Kraft pulp mills
M. Lime plants
N. Municipal incinerators capable of charging
				more than 50 tons of refuse per day
O. Nitric acid plants
P. Petroleum refineries
Q. Petroleum storage and transfer units with
				a total storage capacity exceeding 300,000 barrels
R. Phosphate rock processing plants
S. Portland cement plants
T. Primary aluminum ore reduction
				plants
U. Primary copper
				smelters
V. Primary lead
				smelters
W. Primary zinc
				smelters
X. Secondary metal
				production plants
Y. Sintering
				plants
Z. Sulfur recovery
				plants
AA. Sulfuric acid
				plants
AB. Taconite ore processing
				plants
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 74 - PERMITS - PREVENTION OF SIGNIFICANT DETERIORATION (PSD) › Section 20.2.74.502 - TABLE 2- SIGNIFICANT EMISSION RATES

Current through Register Vol. 35, No. 13, July 16, 2024
POLLUTANT
EMISSION RATE (TONS/YR)
Carbon monoxide
100
Fluorides
3
Lead
0.6
Municipal waste combustor
Acid gases (measured as sulfur dioxide and hydrogen
						  chloride)
40 (36 megagrams/year)
Metals (measured as particulate matter
15 (14 megagrams/year)
Organics (measured as total tetra- through
						  octa-chlorinated dibenzo-p-dioxins and dibenzofurans)
0.0000035 (0.0000032 megagrams/yr)
Nitrogen oxides
40
Ozone (Volatile Organic Compounds or
						  nitrogen oxides)
40
Particulate Matter
Particulate matter emissions
25
PM10 emissions
15
Particulate Matter
						  2.5
Direct PM2.5 emissions
10
Sulfur dioxide emissions
40
Nitrogen oxide emissions (unless demonstrated not to be
						  a PM2.5 precursor under Subsection AS of
						  20.2.74.7
						  NMAC)
40
Sulfur compounds
Hydrogen sulfide (H2S)
10
Reduced sulfur compounds (incl. H2S)
10
Sulfur dioxide
40
Sulfuric acid mist
7
Total reduced sulfur (incl. H2S)
10
Any other pollutant regulated under the act
						  that is not listed in this table
Any emission rate
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 km of the source.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 74 - PERMITS - PREVENTION OF SIGNIFICANT DETERIORATION (PSD) › Section 20.2.74.503 - TABLE 3- SIGNIFICANT MONITORING CONCENTRATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
POLLUTANT
AIR QUALITY CONCENTRATION micrograms per cubic meter
AVERAGING TIME
Carbon monoxide
575
8 hours
Fluorides
0.25
24 hours
Lead
0.1
3 months
Nitrogen dioxide
14
Annual
Ozone
b
PM10
10
24 hours
PM2.5
0c
Sulfur compounds
Hydrogen sulfide (H2S)
0.20
1 hour
Reduced sulfur compounds (incl. H2S)
10
1 hour
Sulfur dioxide
13
24 hours
Sulfuric acid mist
a
Total reduced sulfur (incl. H2S)
10
1 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 increase of 100 tons per year or more of
						  volatile organic compounds or nitrogen oxides subject to PSD would be required
						  to perform an ambient impact analysis, including the gathering of ambient air
						  quality data.
c - In accordance with
Sierra Club
v.
EPA,
706 F.3d 428 (DC Cir. 2013), no exemption is
						  available with regard to PM2.5.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 74 - PERMITS - PREVENTION OF SIGNIFICANT DETERIORATION (PSD) › Section 20.2.74.504 - TABLE 4- ALLOWABLE PSD INCREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Micrograms per cubic meter
						  (µg/m3)
Class I
Class II
Class III
Nitrogen Dioxide
annual arithmetic mean
2.5
25
50
Particulate Matter
PM10, annual
						  arithmetic mean
4
17
34
PM10, 24-hour maximum
8a
30a
60a
PM2.5 annual
						  arithmetic mean
1
4
8
PM2.5 24-hour maximum
2 a
9 a
18 a
Sulfur Dioxide
annual arithmetic mean
2
20
40
24-hour maximum
5a
91a
182a
3-hour maximum
25a
512a
700a
a - Not to be exceeded more than once a
						  year.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 74 - PERMITS - PREVENTION OF SIGNIFICANT DETERIORATION (PSD) › Section 20.2.74.505 - TABLE 5- MAXIMUM ALLOWABLE INCREASES FOR CLASS I WAIVERS

Current through Register Vol. 35, No. 13, July 16, 2024
Micrograms per cubic meter
						  (µg/m3)
Nitrogen Dioxide
annual arithmetic mean
25
Particulate Matter
PM10, annual
						  arithmetic mean
17
PM10, 24-hour maximum
30
PM2.5, annual
						  arithmetic mean
4
PM2.5, 24-hour
						  maximum
9
Sulfur Dioxide
annual arithmetic mean
20
24-hour maximum
91
3-hour maximum
325
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 74 - PERMITS - PREVENTION OF SIGNIFICANT DETERIORATION (PSD) › Section 20.2.74.506 - TABLE 6- MAXIMUM ALLOWABLE INCREASE FOR SULFUR DIOXIDE WAIVER BY GOVERNOR

Current through Register Vol. 35, No. 13, July 16, 2024
Micrograms per cubic meter
						  (µg/m3)
Terrain Areas
Period of Exposure
Low
High
24-hr. maximum
36
62
3-hr. maximum
130
221
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 75 - CONSTRUCTION PERMIT FEES › Section 20.2.75.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
A. All persons who
				apply for a permit to construct or modify a source or revise a permit, or who
				request a technical review of an existing permit under 20.2.72 NMAC. Part 70
				(20.2.70 NMAC) operating permit emission fees are covered under 20.2.71
				NMAC.
B. The requirements
				concerning the payment of an annual fee shall apply to sources with an air
				quality construction permit for which the application to either revise, modify
				or for a new permit was received following the effective date of this
				regulation.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 75 - CONSTRUCTION PERMIT FEES › Section 20.2.75.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Environmental Improvement Act, Paragraph 4 of Subsection A of
				  Section
				  74-1-8
				  NMSA 1978, and Air Quality Control Act, Chapter 74, Article 2 NMSA 1978,
				  including specifically, Paragraph 6 of Subsection B of Section
				  74-2-7
				  NMSA 1978.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 75 - CONSTRUCTION PERMIT FEES › Section 20.2.75.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 2, 2001 except where a later date is cited at the end
				  of a section.
A. For applications
				received prior to the effective date of this regulation, the provisions in
				20.2.75 NMAC, as effective as of the date of the receipt of the application,
				remain effective, and fees shall be so determined.
B. For applications received following the
				effective date of this regulation, fees shall be based on the current
				regulation.
[The latest effective date of any section in this Part is
				  12/01/03.]
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 75 - CONSTRUCTION PERMIT FEES › Section 20.2.75.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this Part is to establish a schedule of fees
				  for the construction permit program, including construction permits, permit
				  revisions, and technical reviews of existing permits.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 75 - CONSTRUCTION PERMIT FEES › Section 20.2.75.8 - 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 700 - Filing and Permit Fees, filed November 20, 1989, as amended
				  (AQCR 700).
A. All references to AQCR
				700 in any other rule shall be construed as a reference to this Part.
B. The amendment and supersession of AQCR 700
				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 700.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 75 - CONSTRUCTION PERMIT FEES › Section 20.2.75.9 - 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, Santa Fe, NM.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 75 - CONSTRUCTION PERMIT FEES › Section 20.2.75.10 - FILING FEE

Current through Register Vol. 35, No. 13, July 16, 2024
A. A filing fee of
				five hundred dollars ($500) shall be submitted with each filing of a notice of
				intent, application for a permit to construct or modify a source, or revision
				of a permit. The filing fee shall be applied to the total permit fee determined
				from the fee schedule in 20.2.75.11 NMAC.
B. For applications submitted under
				20.2.72.221 NMAC, accelerated review, an accelerated review filing fee of one
				thousand dollars ($1,000) shall be submitted in lieu of any other filing fees
				under this section. One-half of the accelerated review filing fee shall be
				applied to the cost of the accelerated review submitted by the qualified
				outside firm. In the event that:
(1) There
				are no qualified outside firms on contract with the department, or if all of
				the qualified outside firms have a conflict of interest, the entire filing fee
				shall be applied to the total permit fee determined from the fee schedule in
				20.2.75.11 NMAC;
(2) No qualified
				outside firm submits a proposal for the accelerated permit review, one-half of
				this filing fee shall be applied to the total permit fee determined from the
				fee schedule in 20.2.75.11 NMAC;
(3) One or more qualified outside firms
				submit a proposal but all such proposals are rejected by the applicant, the
				accelerated review filing fee shall be forfeited and retained by the
				department; or
(4) The applicant
				withdraws the application for any reason, the accelerated review filing fee
				shall be forfeited and retained by the department.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 75 - CONSTRUCTION PERMIT FEES › Section 20.2.75.11 - PERMIT FEE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The permit fee
				shall be based on the following point-based fee schedule.
ACTION
# OF POINTS
1. CONSTRUCTION PERMIT/TECHNICAL REVIEW OF EXISTING
							 PERMIT
Technical Complexity
1-5 Fee Units
5
6-15 Fee Units
1
point per fee unit
15 Fee Units
15
Fugitive Emissions Fee Unit
5
Portable Source Relocation
1
(Paragraph 3 of Subsection D of 20.2.72.202
							 NMAC)
Non-Attainment Area (20.2.79 NMAC)
75
Modeling Review
15
Air Toxics Review (20.2.72.400 NMAC - 20.2.72.499
							 NMAC)
Level I
8
Level II
Best Available Control Technology (BACT)
							 Analysis
60
Health Assessment
100
Applicable Regulations
20.2.X NMAC (per each)
3
NSPS (per each)
5
NESHAP/MACT (per each)
5
Case-by-Case MACT (20.2.83 NMAC)
100
PSD netting only (no additional PSD analysis is
							 required)
20
PSD review (including netting) (20.2.74 NMAC)
75
2. OTHER PERMITTING ACTIONS
General Permits (20.2.72.220 NMAC)
10
Streamline (each site) (20.2.72.300 NMAC- 20.2.72.399
							 NMAC)
10
B.
				The fee shall be the sum of all of the points that are applicable to the
				permitting action, multiplied by three hundred fifteen dollars
				($315).
C. For sources that satisfy
				the definition of "small business" as defined in Subsection F of 20.2.75.7
				NMAC, the permit fee determined by Subsections B and E of 20.2.75.11 NMAC shall
				be divided by two.
D. For
				applications processed under 20.2.72.221 NMAC, Accelerated Review, the permit
				fee determined by Subsection B of 20.2.75.11 NMAC shall be divided by two, and
				shall be in addition to the cost of the accelerated review bid, as described in
				20.2.72.221 NMAC.
E. Sources that
				have been issued a construction permit under 20.2.72 NMAC shall be assessed an
				annual fee of one thousand five hundred dollars ($1,500). This fee shall not
				apply to sources which are assessed an annual fee in accordance with 20.2.71
				NMAC.
F. Beginning in 2005, the
				cost per point in Subsection B of this section and the annual fee in Subsection
				E of this section shall be adjusted each year on January 1 to reflect the
				increase, if any, by which the consumer price index for the most recent year
				exceeds the consumer price index for the year 2004. The amount of the change in
				the fee shall be determined by multiplying the existing fee by the change in
				the consumer price index and rounding the result to the nearest dollar. The
				consumer price index for any year is the average of the consumer price index
				for all-urban consumers published by the United States department of labor, as
				of the close of the twelve-month period ending on August 31 of that
				year.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 75 - CONSTRUCTION PERMIT FEES › Section 20.2.75.12 - PAYMENT OF FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				Department shall refuse to accept any permit application without payment of the
				filing fee at the time the application is received by the Department. The
				filing fee and the accelerated review filing fee are non-refundable.
B. An invoice for permit fees shall be mailed
				to the applicant at the time the Department finds the application
				administratively complete pursuant to 20.2.72.203 NMAC. The Department shall
				deny any permit application or request for permit revision if the required
				permit fee has not been paid within thirty (30) days of invoicing, unless the
				Department has granted an extension. If, upon completion of the permit review,
				the Department determines additional fees are due, the Department shall mail an
				invoice to the applicant along with the signed permit. The permittee shall pay
				this invoice within thirty (30) days of invoicing, unless the Department has
				granted an extension. In the event excess fees were paid, the Department shall
				issue a refund for excess fees and mail the refund to the applicant.
C. An invoice for a request for technical
				review of an existing permit shall accompany the Department's response. The
				applicant or permittee shall pay for the review within thirty (30) days of
				invoicing.
D. Except for the refund
				of excess fees paid, all fees paid under this Part shall be
				non-refundable.
E. All fees paid
				pursuant to this Part shall be remitted in the form of a corporate or certified
				check or money order made payable to the Environment Department at the address
				specified in the notice. Upon receipt of the check, it shall be deposited in
				the "state air quality permit fund" established by NMSA 1978,
				74-2-15(1992).
F. Permittees shall
				pay annual fees within thirty (30) days of receipt of an invoice for annual
				fees for a permitted facility.
G.
				All fees shall be paid in U.S. dollars.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 75 - CONSTRUCTION PERMIT FEES › Section 20.2.75.13 - PERIODIC REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
The Department shall prepare a review of the construction
				  permit fees and construction permit program costs annually. The review shall
				  include information on the budgets, expenditures, fund balance, and related
				  projections. The review shall be presented to the Board within six months
				  following the end of the fiscal year.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 77 - NEW SOURCE PERFORMANCE STANDARDS › Section 20.2.77.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Any stationary source constructing or modifying and which is
				  subject to the requirements of 40 CFR Part 60 , as amended through June 28,
				  2023.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 77 - NEW SOURCE PERFORMANCE STANDARDS › Section 20.2.77.3 - 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
				  "regulations adopted by the environmental improvement board...shall...ensure
				  that regulations and standards under...the federal act will not be violated."
				  (NMSA 1978, Section
				  74-2-7.B).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 77 - NEW SOURCE PERFORMANCE STANDARDS › Section 20.2.77.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 16, 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
				  12/19/13]
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 77 - NEW SOURCE PERFORMANCE STANDARDS › Section 20.2.77.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 77 of Chapter 2 is to adopt or
				  establish state authority to implement new source performance standards for
				  stationary sources in New Mexico subject to 40 CFR Part 60.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 77 - NEW SOURCE PERFORMANCE STANDARDS › Section 20.2.77.8 - 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) 750, last filed on April 10, 1994. All references to AQCR 750
				  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 77 - NEW SOURCE PERFORMANCE STANDARDS › Section 20.2.77.9 - ADOPTION OF 40 CFR PART 60

Current through Register Vol. 35, No. 13, July 16, 2024
Except as otherwise provided, the new source performance
				  standards as promulgated by the United States environmental protection agency,
				  40 CFR Part 60 , as amended in the Federal Register through June 28, 2023 are
				  hereby incorporated into this part (20.2.77 NMAC).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 77 - NEW SOURCE PERFORMANCE STANDARDS › Section 20.2.77.10 - MODIFICATIONS AND EXCEPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The following modifications or exceptions are made to the
				  incorporated federal standards:
A.
				Amend 40 CFR Part 60, Section 60.2, Definitions, as follows: For the purposes
				of delegation of authority which the administrator of the United States
				environmental protection agency may, at the administrator's discretion,
				delegate to the secretary of the New Mexico environment department,
				"administrator" means the secretary of the department or the secretary's
				authorized representative.
B.
				Exclude 40 CFR - Part 60, Subpart AAA - Standards of Performance for New
				Residential Wood Heaters.
C. The
				federal standards of performance incorporated by this regulation shall not be
				subject to NMSA 1978, Section 74-2-8(Variances).
D. Exclude 40 CFR Part 60, Subpart QQQQ -
				Standards of Performance for New Residential Hydronic Heaters and Forced-Air
				Furnaces.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 77 - NEW SOURCE PERFORMANCE STANDARDS › Section 20.2.77.11 - DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Documents incorporated and cited in this part may be viewed
				  at the New Mexico environment department, air quality bureau.
[As of April 2013, the air quality bureau is located at 525
				  Camino de los Marquez, Suite 1, Santa Fe NM, 87505]
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 78 - EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS › Section 20.2.78.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All sources emitting hazardous air pollutants which are
				  subject to the requirements of 40 CFR Part 61 , as amended through June 28,
				  2023.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 78 - EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS › Section 20.2.78.3 - 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" (Subsection (A) of
				  Section 74-1-8 NMSA 1978) and "regulations
				  adopted by the environmental improvement board...may ...prescribe standards of
				  performance for sources and emissions standards for hazardous air pollutants."
				  (Subsection (D) of Section
				  74-2-5 NMSA
				  1978).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 78 - EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS › Section 20.2.78.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 16, 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
				  September 2, 2011]
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 78 - EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS › Section 20.2.78.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 78 of Chapter 2 is to adopt or
				  establish state authority to implement emission standards for hazardous air
				  pollutants in New Mexico subject to 40 CFR Part 61.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 78 - EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS › Section 20.2.78.8 - 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) 751, last filed on April 10, 1994. All references to AQCR 751
				  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 78 - EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS › Section 20.2.78.9 - ADOPTION OF 40 CFR PART 61

Current through Register Vol. 35, No. 13, July 16, 2024
Except as otherwise provided, the national emission standards
				  for hazardous air pollutants as promulgated by the United States environmental
				  protection agency, 40 CFR Part 61 , as amended in the Federal Register through
				  June 28, 2023 are hereby incorporated into this part (20.2.78
				  NMAC).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 78 - EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS › Section 20.2.78.10 - MODIFICATIONS AND EXCEPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The following modifications or exceptions are made to the
				  incorporated federal standards:
A.
				amend 40 CFR Part 61, Section 61.02, Definitions, as follows: For the purposes
				of delegation of authority which the administrator of the United States
				environmental protection agency may, at the administrator's discretion,
				delegate to the secretary of the New Mexico environment department,
				"administrator" means the secretary or the secretary's authorized
				representative.
B. exclude 40 CFR
				Part 61, Subparts B (National Emission Standards for Radon Emissions from
				Underground Uranium Mines), H (National Emission Standards for Emissions of
				Radionuclides Other Than Radon from Department of Energy Facilities), I
				(National Emission Standards for Radionuclide Emissions from Facilities
				Licensed by the NRC and Federal Facilities not covered by Subpart H), K (
				National Emission Standard for Radionuclide Emissions from Elemental Phosphorus
				Plants), Q (National Emission Standards for Radon Emissions from Department of
				Energy Facilities), R (National Emission Standards for Radon Emissions from
				Phosphogypsum Stacks), T (National Emission Standards for Radon Emissions from
				the Disposal of UraniumMill Tailings), and W (National Emission Standards for
				Radon Emissions from Operating Mill Tailings).
C. the federal emission standards
				incorporated by this regulation shall not be subject to NMSA 1978, Section
				74-2-8(Variances).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 78 - EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS › Section 20.2.78.11 - DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Documents incorporated and cited in this part may be viewed
				  at the New Mexico environment department, air quality bureau.
[As of April 2013, the air quality bureau is located at 525
				  Camino de los Marquez, Suite 1, Santa Fe NM, 87505]
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 79 - PERMITS - NONATTAINMENT AREAS › Section 20.2.79.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons who intend to construct or modify a source,
				  except as otherwise provided by this Part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 79 - PERMITS - NONATTAINMENT AREAS › Section 20.2.79.3 - 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, sections 74-2-5(C)(1) and 74-2-7(A)(1), (B), (C)
				  and (D).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 79 - PERMITS - NONATTAINMENT AREAS › Section 20.2.79.5 - 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.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 79 - PERMITS - NONATTAINMENT AREAS › Section 20.2.79.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this Part is to establish the requirements
				  for obtaining a nonattainment area permit.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 79 - PERMITS - NONATTAINMENT AREAS › Section 20.2.79.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the terms defined in
				  20.2.2.7
				  NMAC (Definitions), as used in this part, the following terms apply.
A.
"Actual emissions"
means the
				actual rate of emissions of a regulated new source review pollutant from an
				emissions unit, as determined in accordance with the following, except that
				this definition shall not apply for calculating whether a significant emissions
				increase has occurred, or for establishing a plantwide applicability limit
				under
				20.2.79.120
				NMAC. Instead, Subsections E and AI of this section shall apply for those
				purposes.
(1) 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.
(2) The
				department may presume that source-specific allowable emissions for the unit
				are equivalent to the actual emissions of the unit.
(3) 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 79 - PERMITS - NONATTAINMENT AREAS › Section 20.2.79.8 - 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") 709 -- Permits -- Nonattainment Areas last filed June 25,
				  1992, as amended ("AQCR 709").
A. All
				references to AQCR 709 in any other rule shall be construed as a reference to
				this Part.
B. The amendment and
				supersession of AQCR 709 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 709.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 79 - PERMITS - NONATTAINMENT AREAS › Section 20.2.79.9 - 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.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 79 - PERMITS - NONATTAINMENT AREAS › Section 20.2.79.10 - 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 79 - PERMITS - NONATTAINMENT AREAS › Section 20.2.79.12 - 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 79 - PERMITS - NONATTAINMENT AREAS › Section 20.2.79.13 - 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 79 - PERMITS - NONATTAINMENT AREAS › Section 20.2.79.14 - 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 79 - PERMITS - NONATTAINMENT AREAS › Section 20.2.79.109 - APPLICABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person
				constructing any new major stationary source or major modification shall obtain
				a permit from the department in accordance with the requirements of this part
				prior to the start of construction or modification if either of the following
				conditions apply:
(1) the major stationary
				source or major modification will be located within a nonattainment area so
				designated pursuant to Section 107 of the federal Clean Air Act and will emit a
				regulated pollutant for which it is major and which the area is designated
				nonattainment for; or
(2) the major
				stationary source or major modification will be located within an area
				designated as attainment or unclassifiable for any national ambient air quality
				standard pursuant to Section 107 of the federal Clean Air Act, when it would
				cause or contribute to a violation of any national ambient air quality
				standard. A major source or major modification will be considered to cause or
				contribute to a violation of a national ambient air quality standard when such
				source or modification would, at a minimum, exceed any of the significance
				levels in Subsection A of
				20.2.79.119
				NMAC at any location that does not or would not meet the applicable national
				standard. (See Subsection D of 20.2.79.109 NMAC).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 79 - PERMITS - NONATTAINMENT AREAS › Section 20.2.79.110 - SOURCE OBLIGATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				requirements of this Part shall apply as though construction had not yet
				commenced at the time that a source or modification becomes a major source or
				major modification solely due to a relaxation in any enforceable limitation
				established after August 7, 1980.
B. The issuance of a permit by the Department
				shall not relieve any owner or operator of the responsibility to comply with
				the provisions of the Air Quality Control Act, sections
				74-2-1 to
				74-2-17,
				NMSA 1978, any applicable regulations of the Board, and any other requirements
				under local, state, or federal law.
C. Any owner or operator who commences
				construction or operates a major stationary source or major modification
				without, or not in accordance with, a permit issued under the requirements of
				this Part shall be subject to enforcement action.
D. Approval to construct shall become invalid
				if construction is not commenced within 18 months after receipt of such
				approval, if construction is discontinued for a period of 18 months or more, or
				if construction is not completed within a reasonable time. For a phased
				construction project, each phase must commence construction within 18 months of
				the projected and approved commencement date. The Secretary may extend the
				18-month period upon a satisfactory showing that an extension is
				justified.
E. For phased
				construction projects, the determination of the lowest achievable emission rate
				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 of the
				applicable stationary source may be required to demonstrate the adequacy of any
				previous determination of lowest achievable emission rate.
F. If the owner or operator previously issued
				a permit under this Part applies for an extension as provided for under
				subsection D of 20.2.79.110 NMAC, and the new proposed date of construction is
				greater than 18 months from the date the permit would become invalid, the
				determination of lowest achievable emission rate shall be reviewed and modified
				as appropriate before such an extension is granted. At such time, the owner or
				operator may be required to demonstrate the adequacy of any previous
				determination of lowest achievable emission rate.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 79 - PERMITS - NONATTAINMENT AREAS › Section 20.2.79.111 - APPLICATION CONTENTS

Current through Register Vol. 35, No. 13, July 16, 2024
The owner or operator of a proposed major stationary source
				  or major modification shall submit all information necessary to perform any
				  analysis or make any determination required under this Part. The items of this
				  section are required before the Department may deem an application
				  administratively complete. All applications shall include:
A. All information required by subsection A
				of 20.2.72.203 NMAC; and
B. A
				detailed schedule for construction of the major stationary source or major
				modification; and
C. A detailed
				description of the planned system of continuous emission reduction to be
				implemented, emission estimates, and other information necessary to demonstrate
				that the lowest achievable emission rate or any other applicable emission
				limitation will be maintained.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 79 - PERMITS - NONATTAINMENT AREAS › Section 20.2.79.112 - SOURCE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
In order for a permit to be granted, all of the following
				  conditions shall be met:
A. The major
				stationary source or major modification shall be designed such that the lowest
				achievable emission rate (LAER) will be met and maintained for each pollutant
				emitted which is subject to this Part;
B. The owner or operator of the proposed new
				or modified source has demonstrated that all existing major stationary sources
				owned or operated by such person (or any entity controlling, controlled by, or
				under common control with such person) in this state are in compliance with, or
				on a schedule for compliance, with all applicable emission limitations and
				standards, under the Federal Act, and all conditions in a federally enforceable
				permit;
C. Emission Reductions:
(1) Emission reductions (offsets) at existing
				sources shall occur prior to or concurrent with the start of operation of the
				proposed major stationary source or major modification for each pollutant
				emitted which is subject to this Part. As a general rule, such offsets shall be
				at least twenty percent (20%) greater than the allowable emissions of the
				proposed new major stationary source or major modification, and shall assure
				that the total tonnage of increased emissions of the air pollutant from the new
				or modified source shall be offset by an equal or greater reduction in the
				actual emissions of such air pollutant from the same or other sources in the
				area. An offset less than twenty percent (20%) but at least ten percent (10%,
				or 1:1.1 ratio), may be allowed if reasonable progress toward the attainment of
				the applicable NAAQS will be achieved. A higher level of offset reduction may
				be required in order to demonstrate that a net air quality benefit will occur;
				or
(2) A new major stationary
				source or major modification which is subject to the requirements of subsection
				D of 20.2.79.109 NMAC shall obtain sufficient emission reductions to, at a
				minimum, compensate for its adverse ambient impact where the major stationary
				source or major modification would otherwise cause or contribute to a violation
				of any national ambient air quality standard.