N.M. Code R. § 20.2.74.402

Current through Register Vol. 35, No. 11, June 11, 2024

Section 20.2.74.402 - EXCLUSIONS FROM INCREMENT CONSUMPTION

Following a public hearing, the Secretary may exclude the following concentrations in determining compliance with a maximum allowable increase:

A. Concentrations due to the increase in emissions from stationary sources, over the emissions from such sources before the effective date of an order under sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation). Sources must have converted from the use of petroleum products, natural gas, or both by reason of such order. This exclusion shall not apply more than five (5) years after the effective date of such an order; or

B. Concentrations due to the increase in emissions from sources, over the emissions from such sources before the effective date of a plan in effect pursuant to the Federal Power Act. Sources must have converted from using natural gas by reason of a natural gas curtailment plan. This exclusion shall not apply more than five (5) years after the effective date of such a plan; or

C. Concentrations of particulate matter due to the increase in emissions from construction or other temporary emission-related activities of new or modified sources; or

D. The increase in concentrations due to new sources outside the United States over the concentrations attributed to existing sources which are included in the baseline concentrations.

N.M. Code R. § 20.2.74.402

07/20/95; 20.2.74.402 NMAC - Rn, 20 NMAC 2.74.402, 10/31/02