New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 74 - PERMITS - PREVENTION OF SIGNIFICANT DETERIORATION (PSD) › Section 20.2.74.403 - ADDITIONAL REQUIREMENTS FOR SOURCES IMPACTING CLASS I FEDERAL AREAS

Current through Register Vol. 35, No. 13, July 16, 2024
A. 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 one hundred (100) kilometers of any Class I federal
				area. The complete permit application shall be transmitted within thirty (30)
				days of receipt and sixty (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 Class I federal
				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 air quality related values.
				This consideration shall include visibility, if such analysis is received
				within thirty (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 thirty days (30) from the date the department
				receives a request for a pre-application meeting from a proposed source subject
				to this part. 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 20.2.74.400 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 air quality related values, 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 managers' 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 Class I federal
				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 20.2.74.400 NMAC and shall make available to them any materials used in
				making that determination. The department shall include a provision for a sixty
				(60) day comment period for the federal land managers before any public hearing
				on a permit application is held.
C.
				Federal land managers may demonstrate to the department that emissions from a
				proposed source or modification would have an adverse impact on air quality
				related values, including visibility, of any Class I federal lands under their
				jurisdiction. This may be done even though the change in air quality resulting
				from emissions from the proposed source or modification would not cause or
				contribute to concentrations which would exceed the maximum allowable increases
				for a Class I federal area. If the department concurs with this 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 a proposed source or modification would have no adverse
				impact on air quality related values, including visibility, of Class I federal
				lands under his or her jurisdiction. This may be done even though 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 Class I federal area. If the federal land manager concurs with
				such demonstration and so certifies to the department, the department may grant
				a waiver from such maximum allowable increases. Emission limitations must be
				included in the permit as necessary to assure that emissions of sulfur dioxide,
				PM10 , PM2.5, and nitrogen oxides
				would not exceed the maximum allowable increases over minor source baseline
				concentrations shown in Table 5 of this part (20.2.74.505 NMAC).
E. For the case where the federal land
				manager does not perform an impact analysis with respect to visibility
				impairment in a Class I federal 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: The owner or operator of a proposed major stationary source
				or major modification, which cannot be approved under Subsection D of
				20.2.74.403 NMAC, may demonstrate to the governor that the source cannot be
				constructed by reason of an exceedance of a maximum allowable increase for a
				Class I federal area for sulfur dioxide for a period of twenty-four (24) hours
				or less. The owner or operator may also demonstrate that a waiver from this
				requirement would not adversely affect the air quality related values of the
				Class I federal area. The governor, after consideration of the federal land
				manager's recommendation 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 this section 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 this part (20.2.74.506 NMAC) for periods of twenty-four
				(24) hours or less for more than eighteen (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. If the president so directs, the department
				shall issue the permit. Any source or modification that obtains a permit under
				this section 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 this part
				(20.2.74.506 NMAC) for periods of twenty-four (24) hours or less for more than
				eighteen (18) days, not necessarily consecutive, in any annual
				period.