N.M. Code R. § 20.11.2.7

Current through Register Vol. 35, No. 12, June 25, 2024

Section 20.11.2.7 - DEFINITIONS

In addition to the definitions in 20.11.2.7 NMAC, the definitions in 20.11.1 NMAC apply unless there is a conflict between definitions, in which case the definition in 20.11.2.7 NMAC shall govern.

A. "Administrative revision" means a revision to either:

(1) a source registration issued pursuant to 20.11.40 NMAC, to incorporate a change in the stationary source information that does not result in the source being subject to 20.11.41 NMAC; or

(2) a permit that has been issued pursuant 20.11.41 NMAC in order to:

(a) correct a typographical error not made by the department;

(b) identify a change in ownership, name, address or contact information of any person identified in the permit; or

(c) incorporate a change in the permit to include a source or activity at the facility if the facility is exempted pursuant 20.11.41 NMAC.

B. "Allowable emission rate" means the fee-pollutant emission rate that has been established by a permit issued by the department.

C. "Asbestos Unit" or "AU" is the number derived by dividing the amount of asbestos removed, at or above the levels specified in 40 CFR 61.145, by the corresponding conversion factor and unit of measure in square feet, linear feet, or cubic feet respectively.

D. "Consumer price index all urban consumers" or "CPI-U" means a measure of the average change over time in the prices paid by urban consumers for a market basket of consumer goods and services as reported by the U.S. Department of Labor, Bureau of Labor Statistics.

E. "Division" means the department's air quality division or successor organizational unit.

F. "Efficiency control factor" means a factor used in conjunction with a fugitive dust source classification to determine the annual fee per acre to be paid for a programmatic permit issued pursuant to 20.11.20 NMAC. The four fugitive dust source classifications pertaining to programmatic permits are "no impact source", "low impact source", "moderate impact source" and "high impact source", which are defined in 20.11.2.7 NMAC.

G. "Emissions unit" means any part or activity of a stationary or portable source that emits or has the potential to emit a fee pollutant.

H. "Fee pollutant" means any regulated air pollutant as defined in 20.11.2.7 NMAC, not including any Class I or II substance subject to a standard established in Title VI of the federal Clean Air Act.

I. "Fugitive emissions" means emissions that cannot reasonably pass through a stack, chimney, vent or other functionally equivalent opening.

J. "High impact source" means a fugitive dust source to which a control strategy or combination of strategies has been applied, which strategies, when applied to an entire source or a portion of a source, can reasonably be expected to reduce fugitive dust leaving the source by approximately 10 percent compared to the level of fugitive dust leaving the source that would be expected if no control strategy or strategies were in place. The department shall determine the classification of fugitive dust source as a high impact source based on professional judgment, sound technical information or scientific evidence. The department shall provide a written explanation of the basis for making the determination of the classification if requested by the programmatic permit applicant. The purpose of classifying a fugitive dust source as a high impact source is to calculate the fees for a programmatic permit issued pursuant to 20.11.20 NMAC. For a high impact source, the applicable efficiency control factor for calculating fees is 0.9.

K. "Low impact source" means a fugitive dust source to which a control strategy or combination of strategies has been applied, which strategies, when applied to an entire source or a portion of a source, can reasonably be expected to reduce fugitive dust leaving the source by approximately 90 percent compared to the level of fugitive dust leaving the source that would be expected if no control strategy or strategies were in place. The department shall determine the classification of fugitive dust source as a low impact source based on professional judgment, sound technical information or scientific evidence. The department shall provide a written explanation of the basis for making the determination of the classification if requested by the programmatic permit applicant. The purpose of classifying a fugitive dust source as a low impact source is to calculate the fees for a programmatic permit issued pursuant to 20.11.20 NMAC. For a low impact source, the applicable efficiency control factor for calculating fees is 0.1.

L. "Major source" shall have the meaning defined in 40 CFR 70.2.

M. "Moderate impact source" means a fugitive dust source to which a control strategy or combination of strategies has been applied, which strategies, when applied to an entire source or a portion of a source, can reasonably be expected to reduce fugitive dust leaving the source by approximately 50 percent compared to the level of fugitive dust leaving the source that would be expected if no control strategy or strategies were in place. The department shall determine the classification of fugitive dust source as a moderate impact source based on professional judgment, sound technical information or scientific evidence. The department shall provide a written explanation of the basis for making the determination of the classification if requested by the programmatic permit applicant. The purpose of classifying a fugitive dust source as a moderate impact source is to calculate the fees for a programmatic permit issued pursuant to 20.11.20 NMAC. For a moderate impact source, the applicable efficiency control factor for calculating fees is 0.5.

N. "No impact source" means a fugitive dust source to which a control strategy or combination of strategies has been applied, which strategies, when applied to an entire source or a portion of a source, can reasonably be expected to reduce fugitive dust leaving the source by approximately 100 percent compared to the level of fugitive dust leaving the source that would be expected if no control strategy or strategies were in place. The department shall determine the classification of fugitive dust source as a no impact source based on professional judgment, sound technical information or scientific evidence. The department shall provide a written explanation of the basis for making the determination of the classification if requested by the programmatic permit applicant. Land that is classified as a no impact source is not required to obtain a programmatic permit issued under 20.11.20 NMAC and is not required to pay a programmatic permit fee for land classified as a no impact source.

O. "Proposed allowable emission rate" means the proposed fee pollutant emission rate that has been requested in a stationary source application submittal.

P. "Qualified small business" means a business that meets all of the following requirements:

(1) a business that has 100 or fewer employees;

(2) a small business concern as defined by the federal Small Business Act;

(3) a source that emits less than 50 tons per year of any individual regulated air pollutant, or less than 75 tons per year of all regulated air pollutants combined; and

(4) a source that is not a major source or major stationary source.

Q. "Regulated air pollutant" means:

(1) nitrogen oxides, total suspended particulate matter, or any volatile organic compound as defined in 40 CFR 51.100(s);

(2) any pollutant for which a national, state or local ambient air quality standard has been promulgated;

(3) any pollutant that is subject to a standard established in Section 111 of the federal Clean Air Act;

(4) any Class I or II substance subject to a standard established in Title VI of the federal Clean Air Act; and

(5) any pollutant subject to standards or requirements established in Section 112 of the federal Clean Air Act, including:

(a) any pollutant subject to requirements under Section 112(j) of the federal Clean Air Act; and

(b) any pollutant for which the requirements of Section 112(g)(2) of the federal Clean Air Act have been met, but only with respect to the individual source subject to the requirements.

R. "Technical permit revision" or "technical revision" means a revision to a permit issued pursuant to 20.11.41 NMAC:

(1) to incorporate a change in the permit if the change only involves a change in monitoring, record keeping or reporting requirements, if the department determines the change does not reduce the enforceability of the permit;

(2) to incorporate a change in the permit if the change only involves incorporating permit conditions, including emissions limitations, but only if the source existed on August 31, 1972, and the source has been in regular operation since that date;

(3) if the permittee wishes to impose a voluntary reduction of an emission limitation or retire an emission unit that was included as a specific permit condition;

(4) to incorporate a change at a facility by replacing an emissions unit for which an allowable emissions rate has been established in the permit, but only if the replacement emissions unit:

(a) is equivalent to the replaced emissions unit, and serves the same function within the facility and process;

(b) has the same or lower capacity and allowable emission rates;

(c) has the same or higher control efficiency, and stack parameters that are at least as effective in dispersing air pollutants;

(d) would not result in an increase of the allowable emission rate of any other equipment at the facility;

(e) is subject to the same or lower allowable emissions limits as the original permit prior to making the replacement and to all other original permit conditions prior to making the technical permit revision request;

(f) will not cause or contribute to a violation of any NAAQS and NMAAQS when operated under applicable permit conditions, and as determined by the department;

(g) will not require additional permit conditions to ensure the enforceability of the permit, such as additional record keeping or reporting in order to establish compliance, as determined by the department; and

(h) does not emit a regulated air contaminant not previously emitted;

(5) in order to reduce the allowable emission rate of a unit or source, by incorporating terms and conditions in the permit, such as a cap on hours of operation, limitations on throughput of a specific product or products, or limitations on equipment capacity; and

(6) to incorporate a change in the permit solely involving the addition of air pollution control equipment or the substitution of a different type of air pollution control equipment to existing equipment if the requested addition or substitution will not result in an increase in the allowable emission rate.

S. "Submittal", when used as a noun, means a document listed in 20.11.2.2 NMAC, and, when used as a verb, means the act of delivering a document listed in 20.11.2.2 NMAC either to the department or filing the document with the board hearing clerk, as required by the applicable procedure.

N.M. Code R. § 20.11.2.7

20.11.2.7 NMAC - Rp, 20 NMAC 11.02.I.7, 7/1/2001; A, 3/1/04; A, 1/10/11