reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 60 - PERMITTING IN NONATTAINMENT AREAS › Section 20.11.60.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
20.11.60 NMAC is adopted pursuant to the authority provided
				  in the New Mexico Air Quality Control Act, NMSA 1978 Sections
				  74-2-4
				  and
				  74-2-5;
				  the Joint Air Quality Control Board Ordinance; Bernalillo County Ordinance No.
				  94-5, Sections 4 and 5; and the Joint Air Quality Control Board Ordinance,
				  Revised Ordinances of Albuquerque 1994 Sections 9-5-1 -3 and 9-5-1 -4.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 60 - PERMITTING IN NONATTAINMENT AREAS › Section 20.11.60.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 23, 2006, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 60 - PERMITTING IN NONATTAINMENT AREAS › Section 20.11.60.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To implement a pre-construction permit program for new or
				  modified major stationary sources that plan to locate in an area where a
				  federal ambient air quality standard is being exceeded.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 60 - PERMITTING IN NONATTAINMENT AREAS › Section 20.11.60.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the definitions in 20.11.60.7 NMAC, the
				  definitions in 20.11.1 NMAC apply unless there is a conflict between
				  definitions, in which case the definition in 20.11.60.7 NMAC shall
				  govern.
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 Paragraphs (1)-(3) of
				Subsection A of 20.11.60.7 NMAC, except that this definition shall not apply
				for calculating whether a significant emissions increase has occurred, or for
				establishing a plantwide applicability limit under 20.11.60.27 NMAC. Instead,
				Subsections E and II of 20.11.60.7 NMAC 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 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 60 - PERMITTING IN NONATTAINMENT AREAS › Section 20.11.60.9 - SAVINGS CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
Any amendment to 20.11.60 NMAC, which is filed, with the
				  state records center shall not affect actions pending for violation of a city
				  or county ordinance, or air quality control board regulation. Prosecution for a
				  violation under prior regulation wording shall be governed and prosecuted under
				  the statute, ordinance, part, or regulation section in effect at the time the
				  violation was committed.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 60 - PERMITTING IN NONATTAINMENT AREAS › Section 20.11.60.10 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any section, paragraph, sentence, clause, or word of
				  20.11.60 NMAC or any federal standards incorporated herein is for any reason
				  held to be unconstitutional or otherwise invalid by any court, the decision
				  shall not affect the validity of remaining provisions of 20.11.60
				  NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 60 - PERMITTING IN NONATTAINMENT AREAS › Section 20.11.60.11 - DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Documents incorporated and cited in 20.11.60 NMAC may be
				  viewed at the Albuquerque environmental health department, 400 Marquette NW,
				  Albuquerque, NM.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 60 - PERMITTING IN NONATTAINMENT AREAS › Section 20.11.60.12 - 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 20.11.60
				NMAC prior to the start of construction or modification if either of the
				following conditions under Paragraph (1) or (2) of Subsection A of 20.11.60.12
				NMAC apply.
(1) Sources that would locate in
				a designated nonattainment area. The proposed major stationary source or major
				modification would be located within a nonattainment area so designated
				pursuant to Section 107(d)(1)(A)(i) of the federal Clean Air Act and would emit
				a regulated new source review pollutant for which it is major and for which the
				area is designated nonattainment.
(2) Sources locating in designated clean or
				unclassifiable areas which would cause or contribute to a violation of a NAAQS.
(a) The proposed major stationary source or
				major modification would be located within an area designated as attainment or
				unclassifiable for any NAAQS pursuant to Section 107 of the federal Clean Air
				Act, and will emit a regulated new source review pollutant for which it is
				major and when it would cause or contribute to a violation of any
				NAAQS.
(b) A major source or major
				modification will be considered to cause or contribute to a violation of a
				NAAQS when such source or modification would, at a minimum, exceed the
				following significance levels at any locality that does not or would not meet
				the applicable national standard:
Significant ambient concentrations:
Pollutant
Averaging Time
Annual
24-hr
8-hr
3-hr
1-hr
Sulfur Dioxide
1.0 µg/m3
5 µg/m3
--
25 µg/m3
--
PM2.5
0.3 µg/m3
1.2 µg/m3
--
--
--
PM10
1.0 µg/m3
5 µg/m3
--
--
--
Nitrogen Dioxide
1.0 µg/m3
--
--
--
--
Carbon Monoxide
--
--
0.5 mg/m3
--
2 mg/m3
(3) A proposed major source or major
				modification subject to Subsection A of 20.11.60.12 NMAC may reduce the impact
				of its emissions upon air quality by obtaining sufficient emission reductions
				to, at a minimum, compensate for its adverse ambient impact where the major
				source or major modification would otherwise cause or contribute to a violation
				of any national ambient air quality standard. In the absence of such emission
				reductions, the department shall deny the proposed construction.
(4) The requirements of Subsection A of
				20.11.60.12 NMAC shall not apply to a major stationary source or major
				modification with respect to a particular pollutant if the owner or operator
				demonstrates that, as to that pollutant, the source or modification is located
				in an area designated as nonattainment pursuant to Section 107 of the
				act.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 60 - PERMITTING IN NONATTAINMENT AREAS › Section 20.11.60.13 - SOURCE OBLIGATION AND ENFORCEABLE PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. At such time that a particular source or
				modification becomes a major stationary source or major modification solely by
				virtue of a relaxation in any enforcement limitation which was established
				after August 7, 1980, on the capacity of the source or modification otherwise
				to emit a pollutant, such as a restriction on hours of operation, then the
				requirements of regulations approved pursuant to
				40 CFR 51.165
				shall apply to the source or modification as though construction had not yet
				commenced on the source or modification.
B. Approval to construct shall not relieve
				any owner or operator of the responsibility to comply fully with applicable
				provision of the plan and any other requirements under local, state or federal
				law, including provisions of the Air Quality Control Act, Sections
				74-2-1 to
				74-2-17,
				NMSA 1978, and any applicable regulations of the board.
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
				20.11.60 NMAC 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 director 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 20.11.60 NMAC applies for an extension as provided for under
				Subsection D of 20.11.60.13 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 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 60 - PERMITTING IN NONATTAINMENT AREAS › Section 20.11.60.14 - FUGITIVE EMISSIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions of 20.11.60 NMAC do not apply to a source or
				  modification that would be a major stationary source or major modification only
				  if fugitive emission to the extent quantifiable are considered in calculating
				  the potential to emit of the stationary source or modification and the source
				  does not belong to any of the following categories:
A. carbon black plants (furnace
				process);
B. charcoal production
				plants;
C. chemical process plants
				- not including ethanol production facilities that produce ethanol by natural
				fermentation included in NAICS codes 325193 or 312140;
D. coal cleaning plants (with thermal
				dryers);
E. coke oven
				batteries;
F. fossil fuel-fired
				steam electric plants of more than 250 million Btu/hr heat input;
G. fossil fuel boilers (or combination
				thereof) totaling 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 mill plants;
L. kraft pulp mills;
M. lime plants;
N. municipal incinerators capable of charging
				more than 250 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
				plant;
T. primary lead
				smelters;
U. primary zinc
				smelters;
V. primary aluminum ore
				reduction plants;
W. primary copper
				smelters;
X. secondary metal
				production plants;
Y. sintering
				plants;
Z. sulfur recovery
				plants;
AA. sulfuric acid
				plants;
BB. taconite ore processing
				plants; or
CC. any other stationary
				source category which, as of August 7, 1980, is being regulated under Section
				111 or 112 of the federal Clean Air Act.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 60 - PERMITTING IN NONATTAINMENT AREAS › Section 20.11.60.15 - BASELINE FOR DETERMINING CREDIT FOR EMISSION AND AIR QUALITY OFFSETS

Current through Register Vol. 35, No. 13, July 16, 2024
A. For sources and
				modifications subject to any preconstruction review program adopted pursuant to
				Subsection
				40 CFR
				51.165(a), the baseline for
				determining credit for emissions reductions is the emissions limit under the
				applicable state implementation plan (SIP) in effect at the time the
				application to construct is filed, except that the offset baseline shall be the
				actual emissions of the source from which offset credit is obtained where:
(1) the demonstration of reasonable further
				progress and attainment of ambient air quality standards is based upon the
				actual emissions of sources located within a designated nonattainment area for
				which the preconstruction review program was adopted; or
(2) the applicable SIP does not contain an
				emissions limitation for that source or source category.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 60 - PERMITTING IN NONATTAINMENT AREAS › Section 20.11.60.16 - PROVISIONS FOR PROJECTED ACTUAL EMISSIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Except as otherwise provided in Subsection F of 20.11.60.16
				  NMAC, the following specific provisions apply with respect to any regulated new
				  source review pollutant emitted from projects at existing emissions units at a
				  major stationary source (other than projects at a source with a PAL) in
				  circumstances where there is a reasonable possibility, within the meaning of
				  Subsection F of 20.11.60.16 NMAC, that a project that is not a part of a major
				  modification may result in a significant emissions increase of such pollutant
				  and the owner or operator elects to use the method specified in Subparagraphs
				  (a), (b) and (c) of Paragraph (2) of Subsection II of
				  20.11.60.7
				  NMAC for calculating projected actual emissions. Deviations from these
				  provisions will be approved only if the department specifically demonstrates
				  that the submitted provisions are more stringent than or at least as stringent
				  in all respects as the corresponding provisions in Subsections A through F of
				  20.11.60.16 NMAC.
A. Before beginning
				actual construction of the project, the owner or operator shall document and
				maintain a record of the following information:
(1) a description of the project;
(2) identification of the emissions unit(s)
				whose emissions of a regulated new source review pollutant could be affected by
				the project; and
(3) a description
				of the applicability test used to determine that the project is not a major
				modification for any regulated new source review pollutant, including the
				baseline actual emissions, the projected actual emissions, the amount of
				emissions excluded under Subparagraph (c) of Paragraph (2) of Subsection II of
				20.11.60.7 NMAC and an explanation for why such amount was excluded, and any
				netting calculations, if applicable.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 60 - PERMITTING IN NONATTAINMENT AREAS › Section 20.11.60.17 - ADDITIONAL PROVISIONS FOR EMISSIONS OF NITROGEN OXIDES IN OZONE TRANSPORT REGIONS AND NONATTAINMENT AREAS

Current through Register Vol. 35, No. 13, July 16, 2024
The requirements of 20.11.60 NMAC applicable to major
				  stationary sources and major modifications of volatile organic compounds shall
				  apply to nitrogen oxides emissions from major stationary sources and major
				  modifications of nitrogen oxides in an ozone transport region or in any ozone
				  nonattainment area, except in ozone nonattainment areas or in portions of an
				  ozone transport region where the administrator has granted a
				  NOx waiver applying the standards set forth under
				  Section 182(f) of the act and the waiver continues to apply.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 60 - PERMITTING IN NONATTAINMENT AREAS › Section 20.11.60.18 - EMISSIONS OFFSET RATIOS

Current through Register Vol. 35, No. 13, July 16, 2024
A. In
				meeting the emissions offset requirements of 20.11.60.15 NMAC, the ratio of
				total actual emissions reductions to the emissions increase shall be at least
				1:1 unless an alternative ratio is provided for the applicable nonattainment
				area in Subsections B through D of 20.11.60.18 NMAC.
B. In meeting the emissions offset
				requirements of 20.11.60.15 NMAC for ozone nonattainment areas that are subject
				to Subpart 2, Part D, Title I of the act, the ratio of total actual emissions
				reductions of VOC to the emissions increase of VOC shall be as follows:
(1) in any marginal nonattainment area for
				ozone-at least 1.1:1;
(2) in any
				moderate nonattainment area for ozone-at least 1.15:1;
(3) in any serious nonattainment area for
				ozone-at least 1.2:1;
(4) in any
				severe nonattainment area for ozone-at least 1.3:1 (except that the ratio may
				be at least 1.2:1 if the approved plan also requires all existing major sources
				in such nonattainment area to use BACT for the control of VOC); and
(5) in any extreme nonattainment area for
				ozone-at least 1.5:1 (except that the ratio may be at least 1.2:1 if the
				approved plan also requires all existing major sources in such nonattainment
				area to use BACT for the control of VOC); and
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 60 - PERMITTING IN NONATTAINMENT AREAS › Section 20.11.60.19 - PM[10] PRECURSORS

Current through Register Vol. 35, No. 13, July 16, 2024
The requirements of 20.11.60 NMAC applicable to major
				  stationary sources and major modifications of PM10 shall
				  also apply to major stationary sources and major modifications of
				  PM10 precursors, except where the administrator
				  determines that such sources do not contribute significantly to PM10
				  levels that exceed the PM10 ambient
				  standards in the area.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 60 - PERMITTING IN NONATTAINMENT AREAS › Section 20.11.60.20 - INTERPRECURSOR OFFSETTING

Current through Register Vol. 35, No. 13, July 16, 2024
In meeting the emissions offset requirements of
				  20.11.60.15
				  NMAC and Subsections A-D of
				  20.11.60.18
				  NMAC, the emissions offsets obtained shall be for the same regulated new source
				  review pollutant unless interprecursor offsetting is permitted for a particular
				  pollutant as specified in 20.11.60.20 NMAC. The offset requirements in
				  20.11.60.15
				  NMAC for direct PM2.5 emissions or emissions of
				  precursors of PM2.5 may be satisfied by offsetting
				  reductions of direct PM2.5 emissions or emissions of any
				  PM2.5 precursor identified under Paragraph (3) of
				  Subsection JJ of
				  20.11.60.7
				  NMAC if such offsets comply with the interprecursor trading hierarchy and ratio
				  established in the approved plan for a particular nonattainment
				  area.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 60 - PERMITTING IN NONATTAINMENT AREAS › Section 20.11.60.21 - 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 20.11.60 NMAC. The following
				  items are required before the department may deem an application
				  administratively complete. All applications shall include:
A. all information required by Subsection A
				of 20.11.41.13 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 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 60 - PERMITTING IN NONATTAINMENT AREAS › Section 20.11.60.22 - SOURCE REQUIREMENTS FOR SOURCES THAT WOULD LOCATE IN A DESIGNATED NONATTAINMENT AREA

Current through Register Vol. 35, No. 13, July 16, 2024
A. Conditions
				for approval. If the department finds that the major stationary source or major
				modification would be constructed in an area designated in
				40 CFR
				81.300
et
seq
as nonattainment for a pollutant for which the stationary source
				or modification is major, approval may be granted only if the following
				conditions are met:
(1) Condition 1. The
				major stationary source or major modification shall meet an emission limitation
				which specifies the lowest achievable emission rate (LAER) for such
				source.
(2) Condition 2. The
				applicant must certify that all existing major stationary sources owned or
				operated by the applicant (or any entity controlling, controlled by, or under
				common control with the applicant) in the same state as the proposed source are
				in compliance with, all applicable emission limitations and standards, under
				the federal Clean Air Act (or are in compliance with an expeditious schedule
				which is federally enforceable or contained in a court decree).
(3) Condition 3. Emission reductions
				(offsets) from existing sources in the area of the proposed source (whether or
				not under the same ownership) are required such that there will be reasonable
				progress toward attainment of the applicable NAAQS. Except as provided in
				20.11.60.20 NMAC (addressing PM 2.5 and its
				precursors).Only intrapollutant emission offsets will be acceptable (e.g.,
				hydrocarbon increases may not be offset against SO2
				reductions).
(4)
				Condition 4. The emission offsets shall provide a positive net air quality
				benefit in the affected area (where the national ambient air quality standard
				for that pollutant is violated). Atmospheric simulation modeling is not
				necessary for volatile organic compounds and NOx. Fulfillment of "condition 3"
				at Paragraph (3) of Subsection A of 20.11.60.22 NMAC and "location of
				offsetting emissions" requirements at Subsection B of 20.11.60.22 NMAC, will be
				considered adequate to meet this condition.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 60 - PERMITTING IN NONATTAINMENT AREAS › Section 20.11.60.23 - ADDITIONAL REQUIREMENTS FOR SOURCES IMPACTING MANDATORY FEDERAL CLASS I AREAS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				requirements of 20.11.60.23 NMAC apply only to proposed major stationary
				sources or major modifications that meet the criteria of Paragraph (1) of
				Subsection A of 20.11.60.12 NMAC and that also are major stationary sources or
				major modifications as defined in 20.11.61 NMAC. A major stationary source or
				major modification which meets the criteria of Paragraph (2) of Subsection A of
				20.11.60.12 NMAC may be subject to requirements for federal class I areas in
				20.11.61 NMAC, if applicable.
B.
				The department shall transmit to the administrator and any affected federal
				land manager a copy of each permit application and any information relevant to
				any proposed major stationary source or major modification which may have an
				impact on visibility in any mandatory federal class I area. Relevant
				information will include an analysis of the proposed source's anticipated
				impacts on visibility in the federal class I area. The application shall be
				transmitted within 30 days of receipt by the department and at least 60 days
				prior to any public hearing on the 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 20.11.60 NMAC. The department shall consult with the affected
				federal land manager prior to making a determination of completeness for any
				such permit application. The department shall also provide the federal land
				manager and the administrator with a copy of the preliminary determination on
				the permit application and shall make available to them any materials used in
				making that determination.
C. The
				owner or operator of any proposed major stationary source or major modification
				which may have an impact on visibility in a mandatory federal class I area
				shall include in the permit application an analysis of the anticipated impacts
				on visibility in such areas.
D. The
				department may require monitoring of visibility in any mandatory federal class
				I area where the department determines an adverse impact on visibility may
				occur due to the operations of the proposed new source or modification. Such
				monitoring shall be conducted following procedures approved by the department
				and subject to the following conditions:
(1)
				visibility monitoring methods specified by the department shall be reasonably
				available and not require any research and development; and
(2) both preconstruction and post
				construction visibility monitoring may be required. In each case, the duration
				of such monitoring shall not exceed one year.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 60 - PERMITTING IN NONATTAINMENT AREAS › Section 20.11.60.24 - BANKING OF EMISSION REDUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Any stationary source which decreases actual emissions of a regulated new
				source review pollutant in excess of the requirements of 20.11.60 NMAC or any
				other applicable air quality regulation or permit emission limitation may
				preserve or bank such excess emission reductions for sale or future
				use.
B. The owner or operator
				desiring to preserve such reductions shall submit a written request prior to
				the actual emission reduction to the department which contains the following
				information:
(1) a detailed description of
				the process(es) to be controlled and the control technology to be used;
				and
(2) emission calculations
				showing the types and amounts of actual emissions to be reduced; and
(3) the effective date(s) of such
				reductions.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 60 - PERMITTING IN NONATTAINMENT AREAS › Section 20.11.60.25 - AIR QUALITY BENEFIT

Current through Register Vol. 35, No. 13, July 16, 2024
All demonstrations of the occurrence of a net air quality
				  benefit shall meet the following criteria.
A. Emission offsets for volatile organic
				compounds or nitrogen oxides emissions impacting an ozone nonattainment area
				may be obtained from sources located in the broad vicinity of the proposed new
				source or modification, subject to approval by the department. Atmospheric
				dispersion modeling will not be required to demonstrate the net air quality
				benefit that occurs due to reductions in volatile organic compound
				emissions.
B. An applicant which
				proposes emission offsets for sulfur dioxide, particulate matter, carbon
				monoxide, nitrogen oxides, or any other pollutant may be required by the
				department to submit atmospheric dispersion modeling to demonstrate a net air
				quality benefit will occur. For any case involving these pollutants where stack
				emissions and fugitive or ground level emissions are offsetting, atmospheric
				dispersion modeling shall be required to demonstrate a net air quality benefit
				will occur.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 60 - PERMITTING IN NONATTAINMENT AREAS › Section 20.11.60.26 - PUBLIC PARTICIPATION AND NOTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The department shall, within 30 days after
				its receipt of an application for a permit or significant permit revision
				subject to 20.11.60 NMAC, review such application and determine whether it is
				administratively complete. 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 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 60 - PERMITTING IN NONATTAINMENT AREAS › Section 20.11.60.27 - 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 for any existing major stationary source (except as provided in
				Paragraph (2) of Subsection A of 20.11.60.27 NMAC) if the PAL meets the
				requirements of 20.11.60.27 NMAC. The term "PAL" shall mean "actuals PAL"
				throughout 20.11.60.27 NMAC.
(2) An
				actuals PAL for VOC or NOX shall not be allowed for any
				major stationary source located in an extreme ozone nonattainment
				area.
(3) Any physical change in or
				change in the method of operation of a major stationary source that maintains
				its total source-wide emissions below the PAL level, meets the requirements of
				20.11.60.27 NMAC, 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 20.11.60 NMAC; and
(c) is not subject to the provisions in
				Subsection A of 20.11.60.13 NMAC (restrictions on relaxing enforceable emission
				limitations that the major stationary source used to avoid applicability of the
				nonattainment major new source review program).
(4) Except as provided under Subparagraph (c)
				of Paragraph (3) of Subsection A of 20.11.60.27 NMAC, a major stationary 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 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 61 - PREVENTION OF SIGNIFICANT DETERIORATION › Section 20.11.61.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Albuquerque - Bernalillo County Air Quality Control Board.
				  P.O. Box 1293, Albuquerque, NM 87103. Telephone: (505)
				  768-2601.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 61 - PREVENTION OF SIGNIFICANT DETERIORATION › Section 20.11.61.2 - 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 20.11.61 NMAC, that emits or will emit
				  regulated new source review (NSR) pollutants in an attainment or unclassifiable
				  area shall obtain a permit from the department in accordance with the
				  requirements of 20.11.41 NMAC,
Authority-to-Construct
, and
				  20.11.61 NMAC prior to the construction or modification.
A. Exempt:
(1) sources within Bernalillo county which
				are located on Indian lands over which the Albuquerque-Bernalillo county air
				quality control board lacks jurisdiction;
(2) each regulated NSR pollutant emitted by a
				source or modification located in a nonattainment area for that
				pollutant;
(3) after a public
				hearing, consistent with the public notice and participation provisions of
				20.11.41 NMAC,
Authority-to-Construct
, the board may exempt
				major stationary sources or major modifications if:
(a) the major stationary source would be a
				nonprofit health or nonprofit educational institution, or a major modification
				that would occur at such an institution; or
(b) the source or modification is a portable
				stationary source which has previously received a permit pursuant to 20.11.61
				NMAC if:
(i) the owner or operator proposes
				to relocate the source, and emissions from the source at the new location would
				be temporary; and
(ii) the
				emissions from the source would not exceed its allowable emission rate;
				and
(iii) the emissions from the
				source would not impact any federal class I area nor any area where an
				applicable increment is known to be violated; and
(iv) reasonable notice is given to the
				department prior to the relocation identifying the proposed new location and
				the probable duration of operation at the new location; such notice shall be
				given to the department not less than 10 days in advance of the proposed
				relocation unless a different time duration is previously approved by the
				department;
(4) sources or modifications that would be
				major only if quantifiable fugitive emissions are considered in calculating the
				potential to emit, and the source does not belong to:
(a) any category in Table 1 of 20.11.61.26
				NMAC; or
(b) any other stationary
				source category which as of August 7, 1980, is being regulated under Section
				111 or 112 of the act.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 61 - PREVENTION OF SIGNIFICANT DETERIORATION › Section 20.11.61.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
20.11.61 NMAC is adopted pursuant to the authority provided
				  in the New Mexico Air Quality Control Act, NMSA 1978 Sections
				  74-2-4
				  and
				  74-2-5;
				  the Joint Air Quality Control Board Ordinance; Bernalillo county Ordinance No.
				  94-5, Sections 4 and 5; and the Joint Air Quality Control Board Ordinance,
				  Revised Ordinances of Albuquerque 1994 Sections 9-5-1 -3 and 9-5-1 -4.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 61 - PREVENTION OF SIGNIFICANT DETERIORATION › Section 20.11.61.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 23, 2006, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 61 - PREVENTION OF SIGNIFICANT DETERIORATION › Section 20.11.61.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To minimize air pollutant emissions from new major stationary
				  sources or major modifications in areas classified as in attainment of the
				  national ambient air quality standards (NAAQS) or determined to be
				  unclassifiable pursuant to Section 107(d) of the act.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 61 - PREVENTION OF SIGNIFICANT DETERIORATION › Section 20.11.61.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the definitions in 20.11.61 NMAC, the
				  definitions in 20.11.1 NMAC,
General Provisions
, shall apply
				  unless there is a conflict between definitions, in which case the definition in
				  20.11.61 NMAC shall govern.
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 NSR
				pollutant from an emissions unit, as determined in accordance with Paragraphs
				(2) through (4) of Subsection B of 20.11.61.7 NMAC.
(1) This definition shall not apply for
				calculating whether a significant emissions increase has occurred, or for
				establishing a PAL under 20.11.61.20 NMAC. Instead, Subsections I and VV of
				20.11.61.7 NMAC 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 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 61 - PREVENTION OF SIGNIFICANT DETERIORATION › Section 20.11.61.8 - SAVINGS CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
Any amendment to 20.11.61 NMAC,
Prevention of
				  Significant Deterioration
that is filed with the state records center
				  and archives shall not affect actions pending for violation of a city or county
				  ordinance or board regulation. Prosecution for a violation under prior
				  regulation wording shall be governed and prosecuted under the statute,
				  ordinance, part or section in effect at the time the violation was
				  committed.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 61 - PREVENTION OF SIGNIFICANT DETERIORATION › Section 20.11.61.9 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any section, paragraph, sentence, clause, or word of
				  20.11.61 NMAC or any federal standards incorporated herein is for any reason
				  held to be unconstitutional or otherwise invalid by any court, the decision
				  shall not affect the validity of remaining provisions of 20.11.61
				  NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 61 - PREVENTION OF SIGNIFICANT DETERIORATION › Section 20.11.61.10 - DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Documents incorporated and cited in 20.11.61 NMAC may be
				  viewed at the Albuquerque environmental health department, One Civic Plaza NW,
				  3rd Floor, Suite 3023, Albuquerque, NM 87102.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 61 - PREVENTION OF SIGNIFICANT DETERIORATION › Section 20.11.61.13 - 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 by 20.11.61 NMAC.
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 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 61 - PREVENTION OF SIGNIFICANT DETERIORATION › Section 20.11.61.14 - CONTROL TECHNOLOGY REVIEW AND INNOVATIVE CONTROL TECHNOLOGY

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 NSR 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
				20.11.61.27 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 NSR pollutant at the source
				when a significant net emissions increase occurs. 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 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. Innovative
				control technology. 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 Subsection A of 20.11.61.14 NMAC by a date specified by the
				department. Such date shall not be later than four years from the time of
				startup or seven years from permit issuance; and
(3) the source or modification would meet the
				requirements equivalent to 20.11.61.14 NMAC and 20.11.61.15 NMAC based on the
				emissions rate that the stationary source employing 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 NAAQS; nor
(b) impact any federal class I 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 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 61 - PREVENTION OF SIGNIFICANT DETERIORATION › Section 20.11.61.15 - AMBIENT IMPACT REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The requirements of 20.11.61.15 NMAC shall apply to each pollutant emitted by a
				new major stationary source or major modification in amounts equal to or
				greater than that in Table 2 of 20.11.61.27 NMAC. For particulate matter, 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 as determined from Table 2
				of 20.11.61.27 NMAC.
B. Source
				impact analysis.
(1) Required demonstration.
				The owner or operator of the proposed source or modification shall demonstrate
				that the allowable emission increases from the proposed source or modification,
				in conjunction with all other applicable emissions increases or reductions,
				(including secondary emissions), would not cause or contribute to air pollution
				in violation of:
(a) any NAAQS in any air
				quality control region; or
(b) any
				applicable maximum allowable increase (as shown in Table 4 of 20.11.61.29 NMAC)
				over the baseline concentrations in any area.