N.M. Code R. § 20.11.47.7

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

Section 20.11.47.7 - DEFINITIONS

In addition to the definitions in 20.11.47 NMAC, the definitions in 20.11.1 NMAC apply unless there is a conflict between definitions, in which case the definition in 20.11.47 NMAC shall govern.

A. "Actual emissions" means the quantified emissions of a regulated air pollutant from a stationary source for every 12-month period. Valid continuous emission monitoring data or source test data shall be preferentially used to determine actual emissions. In the absence of valid continuous emissions monitoring data or source test data, the basis for determining actual emissions shall be quantified using actual operating hours, production rates, throughputs of process materials, throughputs of materials stored, usage of materials, data provided in manufacturer's product specifications, material volatile organic compound (VOC) content reports, laboratory analyses, or any other technically acceptable data as approved by the department in advance and in writing. All calculations of actual emissions shall use USEPA or department approved methods including emission factors and assumptions.

B. "Air pollution control equipment" means any device, equipment, process or combination thereof the operation of which would limit, capture, reduce, confine, or otherwise control regulated air pollutants or convert for the purposes of control any regulated air pollutant to another form, another chemical or another physical state.

C. Reserved

D. Reserved

E. "Commencement" or "commence" means that an owner or operator has undertaken a continuous program of construction or modification.

F. "Construction" means fabrication, erection, installation or relocation of a stationary source, including temporary installations and portable stationary sources.

G. "Emissions report" or "emissions inventory" means a listing, by source, of the amount of regulated air pollutants discharged into the atmosphere.

H. "Fuel carbon content" means the mass of carbon per unit of heat content of a fuel.

I. "Fugitive emissions" are those emissions that could not reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening.

J. Reserved

K. Reserved

L. Reserved

M. Reserved

N. "Modification" means any physical change in, or change in the method of operation of, a stationary source that results in an increase in the potential emission rate of any regulated air pollutant emitted by the source or that results in the emission of any regulated air pollutant not previously emitted, but does not include:

(1) a change in ownership of the source;

(2) routine maintenance, repair or replacement;

(3) installation of air pollution control equipment, and all related process equipment and materials necessary for its operation, undertaken for the purpose of complying with regulations adopted by the board or pursuant to the federal Clean Air Act; or

(4) unless previously limited by enforceable permit conditions:

(a) an increase in the production rate, if the increase does not exceed the operating design capacity of the source;

(b) an increase in the hours of operation; or

(c) use of an alternative fuel or raw material if, prior to January 6, 1975, the source was capable of accommodating such fuel or raw material, or if use of an alternate fuel or raw material is caused by a natural gas curtailment or emergency allocation or any other lack of supply of natural gas.

O. Reserved

P. "Nonattainment area" means, for any regulated air pollutant, an area that has been designated as a nonattainment area under Section 107 of the federal act.

Q. "Operator" means the person or persons responsible for the overall operation of a facility.

R. "Owner" means the person or persons who own a facility or part of a facility.

S. Reserved

T. "Portable stationary source" means a source that can be relocated to another operating site with limited dismantling and reassembly, including as an example, moveable sand and gravel processing operations and asphalt plants.

U. "Potential emission rate" means the emission rate of a source at its maximum capacity to emit a regulated air pollutant under its physical and operational design, provided a physical or operational limitation on the capacity of the source to emit a regulated air pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored or processed, shall be treated as part of its physical and operational design only if the limitation or the effect it would have on emissions is enforceable by the department pursuant to the Air Quality Control Act or the federal act.

V. "Potential to emit" means the maximum capacity of a stationary source to emit a regulated air pollutant under its physical and operational design, except that a physical or operational limitation on the capacity of a source to emit a regulated air pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation is federally enforceable; however, the potential to emit for nitrogen dioxide shall be based on total oxides of nitrogen.

W. "Regulated airpollutant" means the following:

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

(2) any pollutant that is subject to any standard promulgated under Section 111 of the federal act;

(3) any Class I or II substance subject to any standard promulgated under or established by Title VI of the federal act; or

(4) any pollutant subject to a standard promulgated under Section 112 or any other requirements established under Section 112 of the federal act; but

(5) excluding greenhouse gases as defined in Subsection CC of 20.11.1.7 NMAC.

X. "Responsible person" or "responsible official" means the person designated in a permit or source registration, who is responsible for complying with the permit, or source registration and 20.11.47 NMAC.

Y. "Shutdown" means the cessation of operation of air pollution control equipment, process equipment or process for any purpose, except routine phasing out of batch process units.

Z. "Stationary source" or "source" means a structure, building, equipment, facility, installation (including temporary installations), operation or portable stationary source that emits or may emit a regulated air pollutant; a research facility may group its sources for the purpose of 20.11.47 NMAC with the prior written approval of the director of the department.

AA. Reserved

BB. "Sulfur oxides" means compounds containing sulfur and oxygen, including sulfur dioxide (SO₂).

CC. Reserved

DD. "Western backstop sulfur dioxide trading program" means 20.11.46 NMAC, if triggered as a backstop in accordance with the provisions of the section 309 regional haze state implementation plan element for Albuquerque-Bernalillo county, New Mexico, to reduce regional sulfur dioxide emissions.

N.M. Code R. § 20.11.47.7

20.11.47.7 NMAC - N, 5/1/08; A, 11/12/12