New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 61 - PREVENTION OF SIGNIFICANT DETERIORATION › Section 20.11.61.24 - SOURCES IMPACTING FEDERAL CLASS I AREAS - ADDITIONAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Notice to EPA.
				The department shall transmit to the administrator and the federal land manager
				a copy of each permit application relating to a major stationary source or
				major modification proposing to locate within 100 kilometers of any federal
				class I area. The complete permit application shall be transmitted within 30
				days of receipt and 60 days prior to any public hearing on the application. The
				department shall include all relevant information in the permit application.
				Relevant information shall include an analysis of the proposed source's
				anticipated impacts on visibility in the federal class I area. The department
				shall consult with all affected federal land managers as to the completeness of
				the permit application and shall consider any analysis performed by the federal
				land manager concerning the impact of the proposed major stationary source or
				major modification on AQRV. This consideration shall include visibility, if
				such analysis is received within 30 days after the federal land manager
				receives a copy of the complete application. Additionally, the department shall
				notify any affected federal land manager within 30 days from the date the
				department receives a request for a pre-application meeting from a proposed
				source subject to 20.11.61 NMAC. Notice shall be provided to the administrator
				and federal land manager of every action related to the consideration of such
				permit. The department shall also provide the federal land manager and the
				administrator with a copy of the preliminary determination required under
				20.11.61.21 NMAC and shall make available to them any materials used in making
				that determination. In any case where the department disagrees with the federal
				land manager's analysis of source impact on AQRV, the department shall, either
				explain its decision or give notice to the federal land manager as to where the
				explanation can be obtained. In the case where the department disagrees with
				the federal land manager's analysis, the department will also explain its
				decision or give notice to the public by advertisement in a newspaper of
				general circulation in the area in which the proposed source would be
				constructed, as to where the decision can be obtained.
B. The department shall transmit to air
				quality control agencies of neighboring states and Indian governing bodies a
				copy of each permit application having the potential to affect federal class I
				areas or increment consumption in areas under their jurisdiction. The
				department shall also provide the affected air quality control agencies and
				Indian governing bodies with a copy of the preliminary determination required
				under 20.11.61.21 NMAC and shall make available to them any materials used in
				making that determination. The department shall include a provision for a 60
				day comment period for the federal land managers before any public hearing on a
				permit application is held.
C.
				Denial - impact on AQRV: The federal land manager of any such lands may
				demonstrate to the department that the emissions from a proposed source or
				modification would have an adverse impact on the AQRV (including visibility),
				of those lands, notwithstanding that the change in air quality resulting from
				emissions from such proposed source or modification would not cause or
				contribute to concentrations which would exceed the maximum allowable increases
				for a federal class I area. If the department concurs with such demonstration,
				then the source shall not be issued a permit.
D. Class I waivers: The owner or operator of
				a proposed source or modification may demonstrate to the federal land manager
				that the emissions from such proposed source or modification would have no
				adverse impact on the AQRV of any such lands (including visibility),
				notwithstanding that the change in air quality resulting from emissions from
				such source or modification would cause or contribute to concentrations which
				would exceed the maximum allowable increases for a federal class I area. If the
				federal land manager concurs with such demonstration and so certifies to the
				department, the department may:
provided
, that the applicable
				requirements are otherwise met, issue the permit with such emission limitations
				as may be necessary to assure that emissions of sulfur dioxide,
				PM2.5, PM10 and oxides of
				nitrogen would not exceed the maximum allowable increases over minor source
				baseline concentrations for such pollutants, as shown in Table 5 of 20.11.61.30
				NMAC.
E. For the case where the
				federal land manager does not perform an impact analysis with respect to
				visibility impairment in a federal class I area, the department may perform
				such an analysis. The department shall not issue the source a permit if the
				department determines that an adverse impact on visibility would occur. The
				adverse impact must be due, primarily, to the operation of the proposed source
				or modification.
F. Sulfur dioxide
				waiver by governor with FLM concurrence: The owner or operator of a proposed
				major stationary source or major modification, which cannot be approved under
				Subsection D of 20.11.61.24 NMAC, may demonstrate to the governor that the
				source or modification cannot be constructed by reason of any maximum allowable
				increase for sulfur dioxide for a period of 24 hours or less applicable to any
				class I area and, in the case of federal mandatory class I areas, that a waiver
				from this requirement would not adversely affect the AQRV of the area
				(including visibility). The governor, after consideration of the federal land
				manager's recommendation (if any) and subject to his concurrence, may, after
				notice and public hearing, grant a waiver from such maximum allowable increase.
				If the waiver is granted, the department shall issue a permit to the owner or
				operator of the source or modification. Any owner or operator of a source or
				modification who obtains a permit under 20.11.61 NMAC shall comply with sulfur
				dioxide emissions limitations. These limitations do not allow increases of
				ambient concentrations, above the baseline concentration, to exceed the levels
				found in Table 6 of 20.11.61.31 NMAC for periods of 24 hours or less for more
				than 18 days, not necessarily consecutive, in any annual period.
G. Sulfur dioxide waiver by governor with the
				president's concurrence. In any case where the governor recommends a waiver in
				which the federal land manager does not concur, the recommendations of the
				governor and the federal land manager shall be transmitted to the president
				through the office of the governor. The president may approve the governor's
				recommendation if he finds that the waiver is in the national interest. If the
				waiver is approved, the department shall issue the permit. Any source or
				modification that obtains a permit under 20.11.61 NMAC shall comply with sulfur
				dioxide emissions limitations. These limitations do not allow increases in
				ambient concentrations, above the baseline concentration, to exceed the levels
				found in Table 6 of 20.11.61.31 NMAC for periods of 24 hours or less for more
				than 18 days, not necessarily consecutive, in any annual period.