N.M. Code R. § 20.11.41.25

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

Section 20.11.41.25 - NONATTAINMENT AREA REQUIREMENTS

A. Applicability: 20.11.41.25 NMAC applies to:

(1) a new source or modification of an existing source that will emit a regulated air contaminant that will cause an ambient impact of the contaminant in excess of a significant ambient concentration established in 20.11.41.33 NMAC, Significant Ambient Concentrations - Nonattainment, Table 1, at a location that does not meet the standards incorporated in 20.11.8 NMAC, Ambient Air Quality Standards, for that contaminant;

(2) a new source or modification of an existing source that is not a major stationary source or major modification as defined in 20.11.60 NMAC, Permitting in Nonattainment Areas, and will emit a regulated air contaminant that will cause an ambient impact of the contaminant in excess of a significant ambient concentration established in 20.11.41.33 NMAC, Significant Ambient Concentrations - Nonattainment, Table 1, at a location that does not meet the NAAQS for that contaminant; and

(3) an existing source that does not propose an increase in emissions but emits or will emit a regulated air contaminant that will cause an ambient impact of the contaminant in excess of a significant ambient concentration included in 20.11.41.33 NMAC, Significant Ambient Concentrations - Nonattainment, Table 1, at any location that does not meet the 20.11.8 NMAC standards for that contaminant.

B. A new source or modification of an existing source subject to 20.11.41.25 NMAC shall offset the ambient impact of its emissions by:

(1) obtaining emission offsets for proposed emissions in an amount greater than one-to-one so that a net air quality benefit will result; and

(2) ensuring emission offsets are quantifiable, enforceable and permanent by complying with the following sections of 20.11.60 NMAC:

(a) 20.11.60.15, Baseline for Determining Credit for Emission and Air Quality Offsets;

(b) 20.11.60.18 NMAC, Emission Offset Ratio; and

(c) 20.11.60.25 NMAC, Air Quality Benefit.

C. An existing source that is subject to 20.11.41.25 NMAC shall demonstrate a net air quality benefit of at least a 20 percent reduction in ambient impact for each applicable contaminant. The 20 percent reduction shall be calculated by subtracting the projected source impact from the existing source impact and dividing the result by the existing source impact. The net air quality benefit shall also comply with 20.11.60.25 NMAC, Air Quality Benefit.

N.M. Code R. § 20.11.41.25

20.11.41.25 NMAC - Rp, 20.11.41.24 NMAC, 1/1/14