N.M. Code R. § 20.11.60.12
Current through Register Vol. 35, No. 12, June 25, 2024
Section 20.11.60.12 - APPLICABILITYA. 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.B. Applicability procedures.(1) Except as otherwise provided in Subsection C of 20.11.60.12 NMAC, and consistent with the definition of major modification, a project is a major modification for a regulated new source review pollutant if it causes two types of emissions increases - a significant emissions increase, and a significant net emissions increase. The project is not a major modification if it does not cause a significant emissions increase. If the project causes a significant emissions increase, then the project is a major modification only if it also results in a significant net emissions increase.(2) The procedure for calculating (before beginning actual construction) whether a significant emissions increase (i.e. the first step of the process) will occur depends upon the type of emissions units being modified, according to Paragraphs (3), (4) and (6) of Subsection B of 20.11.60.12 NMAC. The procedure for calculating (before beginning actual construction) whether a significant net emissions increase will occur at the major stationary source (i.e. the second step of the process) is contained in the definition of net emissions increase. Regardless of any such preconstruction projections, a major modification results if the project causes a significant emissions increase and a significant net emissions increase.(3) Actual-to-projected-actual applicability test for projects that involve existing emissions units. A significant emissions increase of a regulated new source review pollutant is projected to occur if the sum of the difference between the projected actual emissions and the baseline actual emissions for each existing emissions unit, equals or exceeds the significant amount for that pollutant.(4) Actual-to-potential test for projects that only involve construction of a new emissions unit(s). A significant emissions increase of a regulated new source review pollutant is projected to occur if the sum of the difference between the potential to emit from each new emissions unit following completion of the project and the baseline actual emissions of these units before the project equals or exceeds the significant amount for that pollutant.(6) Hybrid test for projects that involve multiple types of emissions units. A significant emissions increase of a regulated new source review pollutant is projected to occur if the sum of the emissions increases for each emissions unit, using the method specified in Paragraphs (3) and (4) of Subsection B of 20.11.60.12 NMAC as applicable with respect to each emissions unit, for each type of emissions unit equals or exceeds the significant amount for that pollutant (as defined in Subsection MM of 20.11.60.7 NMAC).C. For any major stationary source for a PAL for a regulated new source review pollutant, the major stationary source shall comply with requirements under 20.11.60.27 NMAC.N.M. Code R. § 20.11.60.12
20.11.60.12 NMAC - N, 1/23/06; A, 8/30/10; A, 5/13/13