N.M. Code R. § 20.11.60.22

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

Section 20.11.60.22 - SOURCE REQUIREMENTS FOR SOURCES THAT WOULD LOCATE IN A DESIGNATED NONATTAINMENT AREA

A. Conditions for approval. If the department finds that the major stationary source or major modification would be constructed in an area designated in 40 CFR 81.300et seq as nonattainment for a pollutant for which the stationary source or modification is major, approval may be granted only if the following conditions are met:

(1) Condition 1. The major stationary source or major modification shall meet an emission limitation which specifies the lowest achievable emission rate (LAER) for such source.

(2) Condition 2. The applicant must certify that all existing major stationary sources owned or operated by the applicant (or any entity controlling, controlled by, or under common control with the applicant) in the same state as the proposed source are in compliance with, all applicable emission limitations and standards, under the federal Clean Air Act (or are in compliance with an expeditious schedule which is federally enforceable or contained in a court decree).

(3) Condition 3. Emission reductions (offsets) from existing sources in the area of the proposed source (whether or not under the same ownership) are required such that there will be reasonable progress toward attainment of the applicable NAAQS. Except as provided in 20.11.60.20 NMAC (addressing PM _2.5 and its precursors).Only intrapollutant emission offsets will be acceptable (e.g., hydrocarbon increases may not be offset against SO₂ reductions).

(4) Condition 4. The emission offsets shall provide a positive net air quality benefit in the affected area (where the national ambient air quality standard for that pollutant is violated). Atmospheric simulation modeling is not necessary for volatile organic compounds and NOx. Fulfillment of "condition 3" at Paragraph (3) of Subsection A of 20.11.60.22 NMAC and "location of offsetting emissions" requirements at Subsection B of 20.11.60.22 NMAC, will be considered adequate to meet this condition.

B. Location of offsetting emissions. The owner or operator of a new or modified major stationary source may comply with any offset requirement in effect under 20.11.60 NMAC for increased emissions of any air pollutant only by obtaining emissions reductions of such air pollutant from the same source or other sources in the same nonattainment area, except that the department may allow the owner or operator of a source to obtain such emissions reductions in another nonattainment area if the conditions in Paragraph (1) and (2) of Subsection B of 20.11.60.22 NMAC are met.

(1) The other area has an equal or higher nonattainment classification than the area in which the source is located.

(2) Emissions from such other area contribute to a violation of the national ambient air quality standard in the nonattainment area in which the source is located.

C. The owner or operator of the proposed major stationary source or major modification shall conduct an analysis of alternative sites, sizes, production processes, and environmental control techniques for such proposed source which demonstrates that benefits of the proposed source significantly outweigh the environmental and social costs imposed as a result of its location, construction, or modification.

D. The proposed major stationary source or major modification shall meet all applicable emission requirements in the New Mexico state implementation plan, any applicable new source performance standard in 40 CFR Part 60, and any national emission standard for hazardous air pollutants in 40 CFR Part 61 or 40 CFR Part 63.

E. Emission reductions:

(1) Emission reductions (offsets) at existing sources shall occur prior to or concurrent with the start of operation of the proposed major stationary source or major modification for each pollutant emitted which is subject to 20.11.60 NMAC. As a general rule, such offsets shall be at least 20 percent greater than the allowable emissions of the proposed new major stationary source or major modification, and shall assure that the total tonnage of increased emissions of the air pollutant from the new or modified source shall be offset by an equal or greater reduction in the actual emissions of such air pollutant from the same or other sources in the area. An offset less than 20 percent, but at least 10 percent (a 1.0:1.1 ratio), may be allowed if reasonable progress toward the attainment of the applicable NAAQS will be achieved. A higher level of offset reduction may be required in order to demonstrate that a net air quality benefit will occur.

(2) A new major stationary source or major modification which is subject to the requirements of Subsection D of 20.11.60.12 NMAC shall obtain sufficient emission reductions to, at a minimum, compensate for its adverse ambient impact where the major stationary source or major modification would otherwise cause or contribute to a violation of any national ambient air quality standard.

N.M. Code R. § 20.11.60.22

20.11.60.22 NMAC - Rp, 20.11.60.21 & 20.11.60.22 NMAC, 1/23/06; Repealed, 8/30/10; 20.11.60.22 NMAC - Rn & A, 20.11.60.15 NMAC, 8/30/10