N.M. Code R. § 20.11.60.16

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

Section 20.11.60.16 - PROVISIONS FOR PROJECTED ACTUAL EMISSIONS

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.

B. If the emissions unit is an existing electric utility steam generating unit, before beginning actual construction, the owner or operator shall provide a copy of the information set out in Paragraph (1) of Subsection F of 20.11.60.12 NMAC to the department. Nothing in Paragraph (2) of Subsection F of 20.11.60.12 NMAC shall be construed to require the owner or operator of such a unit to obtain any determination from the department; however, necessary preconstruction approvals or permits must be obtained before beginning actual construction.

C. The owner or operator shall monitor the emissions of any regulated new source review pollutant that could increase as a result of the project and that is emitted by any emissions units identified in Subparagraph (a) of Paragraph (2) of Subsection A of 20.11.60.16 NMAC; and calculate and maintain a record of the annual emissions, in tons per year on a calendar year basis, for a period of five years following resumption of regular operations after the change, or for a period of 10 years following resumption of regular operations after the change if the project increases the design capacity or potential to emit of that regulated new source review pollutant at such emissions unit.

D. If the unit is an existing electric utility steam generating unit, the owner or operator shall submit a report to the department within 60 days after the end of each year during which records must be generated under Subsection C of 20.11.60.16 NMAC setting out the unit's annual emissions during the year that preceded submission of the report.

E. If the unit is an existing unit other than an electric utility steam generating unit, the owner or operator shall submit a report to the department if the annual emissions, in tons per year, from the project identified in Subsection A of 20.11.60.16 NMAC, exceed the baseline actual emissions (as documented and maintained pursuant to Paragraph (3) of Subsection A of 20.11.60.16 NMAC) by a significant amount for that regulated new source review pollutant, and if such emissions differ from the preconstruction projection (as documented and maintained pursuant to Paragraph (3) of Subsection A of 20.11.60.16 NMAC). Such report shall be submitted to the department within 60 days after the end of such year. The report shall contain the following:

(1) the name, address and telephone number of the major stationary source;

(2) the annual emissions as calculated pursuant to Subsection C of 20.11.60.16 NMAC; and

(3) any other information that the owner or operator wishes to include in the report, (for example, an explanation as to why the emissions differ from the preconstruction projection).

F. A "reasonable possibility" under 20.11.60.16 NMAC occurs when the owner or operator calculates the project to result in either:

(1) a projected actual emissions increase of at least 50 percent of the amount that is a "significant emissions increase," as defined under Subsection NN of 20.11.60.7 NMAC (without reference to the amount that is a significant net emissions increase), for the regulated new source review pollutant; or

(2) a projected actual emissions increase that, added to the amount of emissions excluded under Subparagraph (c) of Paragraph (2) of Subsection II of 20.11.60.7 NMAC, sums to at least 50 percent of the amount that is a "significant emissions increase," as defined under Subsection NN of 20.11.60.7 NMAC (without reference to the amount that is a significant net emissions increase), for the regulated new source review pollutant; for a project for which a reasonable possibility occurs only within the meaning of Paragraph (2) of Subsection F of 20.11.60.16 NMAC, and not also within the meaning of Paragraph (1) of Subsection F of 20.11.60.16 NMAC, then the provisions in Subsections B through E of 20.11.60.16 NMAC do not apply to the project.

G. Information requests. The owner or operator of the source shall make the information required to be documented and maintained pursuant to 20.11.60.16 NMAC available for review upon a request for inspection by the department or the general public pursuant to the requirements contained in 40 CFR 70.4(b)(3)(viii).

N.M. Code R. § 20.11.60.16

20.11.60.16 NMAC - Rp, 20.11.60.15 NMAC, 1/23/06; 20.11.60.16 NMAC - N, 8/30/10