Current through Register Vol. 35, No. 18, September 24, 2024
In addition to the definitions in 20.11.42.7 NMAC, the
definitions in 20.11.1 NMAC apply unless there is a conflict between
definitions, in which case the definition in 20.11.42 NMAC shall govern.
A. "Acid rain source" has the meaning given
to "affected source" in the regulations promulgated under Title IV of the
federal act, and includes all sources subject to Title IV.
B. "Affected programs" means the state of New
Mexico and Indian tribes and pueblos that are within 50 miles of the
source.
C. "Air pollutant" means an
air pollution agent or combination of such agents, including any physical,
chemical, biological, radioactive (including source material, special nuclear
material, and byproduct material) substance or matter, which is emitted into or
otherwise, enters the ambient air. Such term includes any precursors to the
formation of any air pollutant; to the extent the administrator has identified
such precursor or precursors for the purpose for which the term "air pollutant"
is used. This excludes water vapor, nitrogen (N2),
oxygen (O2) and ethane.
D. "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. This includes, but
is not limited to, sulfur recovery units, acid plants, baghouses,
precipitators, scrubbers, cyclones, water sprays, enclosures, catalytic
converters, and steam or water injection.
E. "Applicable requirement" means all of the
following, as they apply to emissions units at a 20.11.42 NMAC source
(including requirements that have been promulgated or approved by the board or
EPA through rulemaking at the time of permit issuance but have future-effective
compliance dates):
(1) any standard or other
requirement provided for in the New Mexico state implementation plan approved
by EPA, or promulgated by EPA through rulemaking, under Title I of the federal
act to implement the relevant requirements of the federal act, including any
revisions to that plan promulgated in 40 CFR, Part 52;
(2) any term or condition of any
pre-construction permit issued pursuant to regulations approved or promulgated
through rulemaking under Title I, including Parts C or D, of the federal act,
unless that term or condition is determined by the department to be no longer
pertinent;
(3) any standard or
other requirement under Section 111 of the federal act, including Section
111(d);
(4) any standard or other
requirement under Section 112 of the federal act, including any requirement
concerning accident prevention under Section 112(r)(7) of the federal
act;
(5) any standard or other
requirement of the acid rain program under Title IV of the federal act or the
regulations promulgated thereunder;
(6) any requirements established pursuant to
Section 504(b) or Section 114(a)(3) of the federal act;
(7) any standard or other requirement under
Section 126(a)(1) and (c) of the federal act;
(8) any standard or other requirement
governing solid waste incineration under Section 129 of the federal
act;
(9) any standard or other
requirement for consumer and commercial products, under Section 183(e) of the
federal act;
(10) any standard or
other requirement for tank vessels under Section 183(f) of the federal
act;
(11) any standard or other
requirement of the program to control air pollution from outer continental
shelf sources, under Section 328 of the federal act;
(12) any standard or other requirement of the
regulations promulgated to protect stratospheric ozone under Title VI of the
federal act, unless the administrator has determined that such requirements
need not be contained in a Title V permit;
(13) any national ambient air quality
standard, or any increment or visibility requirement under Part C of Title I of
the federal act, but only as it would apply to temporary sources permitted
pursuant to Section 504(e) of the federal act; and
(14) any regulation adopted by the board in
accordance with the joint air quality control board ordinances pursuant to the
New Mexico Air Quality Control Act,
74-2-5.B
NMSA 1978.
F.
"Department" means the Albuquerque environmental health department or its
successor agency or authority, as represented by the department director or his
or her designee.
G. "Draft permit"
means a version of a permit, for which the department offers for public
participation under Subsection B of 20.11.42.13 NMAC or affected program review
under Subsection C of 20.11.42.13 NMAC.
H. "Emission limitation" means a requirement
established by EPA, the board, or the department, that limits the quantity,
rate or concentration, or combination thereof, of emissions of regulated air
pollutants on a continuous basis, including any requirements relating to the
operation or maintenance of a source to assure continuous reduction.
I. "Emissions allowable under the permit"
means:
(1) any federally enforceable permit
term or condition determined at issuance to be required by an applicable
requirement that establishes an emission limit (including a work practice
standard); or
(2) any federally
enforceable emissions cap that the permittee has assumed to avoid an applicable
requirement to which the source would otherwise be subject.
J. "Emissions unit" means any part
or activity of a stationary source that emits or has the potential to emit any
regulated air pollutant or any air pollutant listed pursuant to Section 112(b)
of the federal act. This term is not meant to alter or affect the definition of
the term "unit" for purposes of Title IV of the federal act.
K. "Federal act" means the federal Clean Air
Act, as amended,
42 U.S.C. Section
7401, et seq.
L. "Federally enforceable" means all
limitations and conditions which are enforceable by the administrator,
including those requirements developed pursuant to 40 CFR Parts 60 and 61,
requirements within the New Mexico state implementation plan, and any permit
requirements established pursuant to
40 CFR
52.21 or under regulations approved pursuant
to 40 CFR Part 51, Subpart I, including
40 CFR 51.165
and
40 CFR
51.166.
M. "Final permit" means the version of an
operating permit issued by the department that has met all review requirements
of Section 20.11.42.13 NMAC.
N.
"Fugitive emissions" are those emissions, which could not reasonably pass
through a stack, chimney, vent, or other functionally equivalent
opening.
O. "General permit" means
an operating permit that meets the requirements of Subsection D of 20.11.42.12
NMAC.
P. "Greenhouse gases" or
"GHGs" means the air pollutant defined in § 86.1818-12(a) of Chapter I of
Title 40 of the CFR, as the aggregate group of six greenhouse gases: carbon
dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and
sulfur hexafluoride.
Q. "Hazardous
air pollutant" means an air contaminant that has been classified as a hazardous
air pollutant pursuant to the federal act.
R. "Insignificant activities" means those
activities listed by the department and approved by the administrator as
insignificant on the basis of size, emissions or production rate.
S. "Major source" means any stationary source
(or any group of stationary sources that are located on one or more contiguous
or adjacent properties, and are under common control of the same person(s)) in
which all of the pollutant emitting activities at such source belong to the
same major group (i.e., all have the same two-digit code), as described in the
standard industrial classification manual,
1987, and that is described in paragraphs (1), (2), or (3) below.
(1) A major source under Section 112 of the
federal act, which is defined as:
(a) for
pollutants other than radionuclides, any stationary source or group of
stationary sources located within a contiguous area and under common control
that emits or has the potential to emit, in the aggregate, 10 tons per year or
more of any hazardous air pollutant which has been listed pursuant to Section
112 (b) of the federal act, 25 tons per year or more of any combination of such
hazardous air pollutants, or such lesser quantity as the administrator may
establish by rule; notwithstanding the preceding sentence, emissions from any
oil or gas exploration or production well (with its associated equipment) and
emissions from any pipeline compressor or pump station shall not be aggregated
with emissions from other similar units, whether or not such units are in a
contiguous area or under common control, to determine whether such units or
stations are major sources; or
(b)
for radionuclides, "major source" shall have the meaning specified by the
administrator by rule.
(2) A major stationary source of air
pollutants, as defined in Section 302 of the act, that directly emits or has
the potential to emit, 100 tons per year or more of any air pollutant subject
to regulation (including any major source of fugitive emissions of any such
pollutant, as determined by rule by the administrator). The fugitive emissions
of a stationary source shall not be considered in determining whether it is a
major stationary source for the purposes of Section 302(j) of the act, unless
the source belongs to one of the following categories of stationary sources:
(a) coal cleaning plants (with thermal
dryers);
(b) kraft pulp
mills;
(c) portland cement
plants;
(d) primary zinc
smelters;
(e) iron and steel
mills;
(f) primary aluminum ore
reduction plants;
(g) primary
copper smelters;
(h) municipal
incinerators capable of charging more than 250 tons of refuse per
day;
(i) hydrofluoric, sulfuric, or
nitric acid plants;
(j) petroleum
refineries;
(k) lime
plants;
(l) phosphate rock
processing plants;
(m) coke oven
batteries;
(n) sulfur recovery
plants;
(o) carbon black plants
(furnace process);
(p) primary lead
smelters;
(q) fuel conversion
plant;
(r) sintering
plants;
(s) secondary metal
production plants;
(t) chemical
process plants - the term chemical processing plant shall not include ethanol
production facilities that produce ethanol by natural fermentation included in
NAICS codes 325193 or 312140;
(u)
fossil-fuel boilers (or combination thereof) totaling more than 250 million
British thermal units per hour heat input;
(v) petroleum storage and transfer units with
a total storage capacity exceeding 300,000 barrels;
(w) taconite ore processing plants;
(x) glass fiber processing plants;
(y) charcoal production plants;
(z) fossil fuel-fired steam electric plants
of more than 250 million British thermal units per hour heat input;
or
(aa) any other stationary source
category, which as of August 7, 1980, is being regulated under Section 111 or
112 of the federal act.
(3) A major stationary source as defined in
Part D of Title I of the federal act, including:
(a) for ozone non-attainment areas, sources
with the potential to emit 100 tons per year or more of volatile organic
compounds or nitrogen oxides in areas classified as "marginal" or "moderate",
50 tons per year or more in areas classified as "serious", 25 tons per year or
more in areas classified as "severe", and 10 tons per year or more in areas
classified as "extreme"; except that the references in Paragraph (3) of
Subsection S of 20.11.42.7 NMAC to 100, 50, 25, and 10 tons per year of
nitrogen oxides shall not apply to any source for which the administrator has
made a finding, under Section 182(f)(1) or (2) of the federal act, that
requirements under Section 182(f) of the act do not apply;
(b) for ozone transport regions established
pursuant to Section 184 of the federal act, sources with the potential to emit
50 tons per year or more of volatile organic compounds;
(c) for carbon monoxide non-attainment areas:
(i) that are classified as "serious";
and
(ii) in which stationary
sources contribute significantly to carbon monoxide levels as determined under
rules issued by the administrator, sources with the potential to emit 50 tons
per year or more of carbon monoxide; and
(d) for particulate matter
(PM10) non-attainment areas classified as "serious",
sources with the potential to emit 70 tons per year or more of
PM10.
T. "Operating permit" or "permit" means any
permit or group of permits covering a source that is issued, renewed, modified
or revised pursuant to 20.11.42 NMAC.
U. "Operator" means the person(s) responsible
for the overall operation of a facility.
V. "Owner" means the person(s) who owns a
facility or part of a facility.
W.
"Permit modification" means a revision to an operating permit that meets the
requirements of significant permit modifications, minor permit modifications,
or administrative permit amendments, as defined in Subsection E of 20.11.42.13
NMAC.
X. "Permittee" means the
owner, operator or responsible official at a permitted 20.11.42 NMAC source, as
identified in any permit application or modification.
Y. "Person" includes any individual,
partnership, corporation, association, state or political subdivision of a
state, and any agency, department or instrumentality of the United States, and
any of their officers, agents or employees.
Z. "Potential to emit" means the maximum
capacity of a stationary source to emit any air pollutant under its physical
and operational design. Any physical or operational limitation on the capacity
of a source to emit an 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. The potential to emit for nitrogen dioxide
shall be based on total oxides of nitrogen.
AA. "Proposed permit" means the version of a
permit that the department proposes to issue and forwards to the administrator
for review in compliance with Subsection C of 20.11.42.13 NMAC.
BB. "Regulated air pollutant" means the
following:
(1) nitrogen oxides, total
suspended particulate matter, or any volatile organic compounds;
(2) any pollutant for which a national
ambient air quality standard has been promulgated;
(3) any pollutant that is subject to any
standard promulgated under Section 111 of the federal act;
(4) any class I or II substance subject to
any standard promulgated under or established by Title VI of the federal
act;
(5) any pollutant subject to a
standard promulgated under Section 112 or any other requirements established
under Section 112 of the federal act, including:
(a) any pollutant subject to requirements
under Section 112(j) of the federal act; if the administrator fails to
promulgate a standard by the date established pursuant to Section 112(e) of the
federal act, any pollutant for which a subject source would be a major source
shall be considered to be regulated on the date 18 months after the applicable
date established pursuant to Section 112(e) of the federal act; and
(b) any pollutant for which the requirements
of Section 112(g)(2) of the federal act have been met, but only with respect to
the individual source subject to a Section 112(g)(2) requirement; or
(6) any other pollutant "subject
to regulation" as defined in Subsection II of 20.11.42.7 NMAC.
CC. "Renewal" means the process by
which a permit is reissued at the end of its term.
DD. "Responsible official" means one of the
following:
(1) For a corporation: a
president, secretary, treasurer, or vice-president of the corporation in charge
of a principal business function, or any other person who performs similar
policy or decision-making functions for the corporation, or a duly authorized
representative of such person if the representative is responsible for the
overall operation of one or more manufacturing, production, or operating
facilities applying for or subject to a permit and either:
(a) the facilities employ more than 250
persons or have gross annual sales or expenditures exceeding $25 million (in
second quarter 1980 dollars); or
(b) the delegation of authority to such
representatives is approved in advance by the department.
(2) For a partnership or sole proprietorship:
a general partner or the proprietor, respectively.
(3) For a municipality, state, federal or
other public agency: either a principal executive officer or ranking elected
official. For the purposes of 20.11.42 NMAC, a principal executive officer of a
federal agency includes the chief executive officer having responsibility for
the overall operations of a principal geographic unit of the agency (e.g., a
regional administrator of EPA).
(4)
For an acid rain source:
(a) the designated
representative (as defined in Section 402(26) of the federal act) in so far as
actions, standards, requirements, or prohibitions under Title IV of the federal
act or the regulations promulgated thereunder are concerned; and
(b) the designated representative for any
other purposes under 40 CFR, Part 70.
EE. "Section 502(b)(10) changes" are changes
that contravene an express permit term. Such changes do not include changes
that would violate applicable requirements or contravene permit terms and
conditions that are monitoring (including test methods), record keeping,
reporting, or compliance certification requirements.
FF. "Shutdown" means the cessation of
operation of any air pollution control equipment, process equipment or process
for any purpose.
GG. "Startup"
means the setting into operation of any air pollution control equipment,
process equipment or process for any purpose.
HH. "Stationary source" or "source" means any
building, structure, facility, or installation that emits or may emit any
regulated air pollutant or any pollutant listed under Section 112(b) of the
federal act.
II. "Subject to
regulation" means, for any air pollutant, that the pollutant is subject to
either a provision in the Clean Air Act, or a nationally-applicable regulation
codified by the administrator in Subchapter C of 40 CFR Chapter I, that
requires actual control of the quantity of emissions of that pollutant, and
that such a control requirement has taken effect and is operative to control,
limit or restrict the quantity of emissions of that pollutant released from the
regulated activity. Except that:
(1)
"Greenhouse gases" (GHGs), shall not be subject to regulation unless, as of
July 1, 2011, the GHG emissions are at a stationary source emitting or having
the potential to emit 100,000 tpy CO2 equivalent
emissions.
(2) The term "tpy
CO2 equivalent emissions" (CO2e)
shall represent an aggregate amount of GHGs emitted by the regulated activity,
and shall be computed by multiplying the mass amount of emissions (tpy), for
each of the six greenhouse gases in the pollutant GHGs, by the gas's associated
global warming potential published at Table A-1 to Subpart A of 40 CFR Part 98,
Global Warming Potentials, and summing the resultant value for
each gas to compute a tpy CO2e. For purposes of
Paragraph (2) of Subsection II of 20.11.42.7 NMAC, prior to July 21, 2014, the
mass of the greenhouse gas carbon dioxide shall not include carbon dioxide
emissions resulting from the combustion or decomposition of non-fossilized and
biodegradable organic material originating from plants, animals, or
micro-organisms (including products, by-products, residues and waste from
agriculture, forestry and related industries as well as the non-fossilized and
biodegradable organic fractions of industrial and municipal wastes, including
gases and liquids recovered from the decomposition of non-fossilized and
biodegradable organic material).
JJ. "Subsidiary" means a business concern
which is owned or controlled by, or is a partner of, the applicant or
permittee.
KK. "Title I
modification" means any modification under Sections 111 or 112 of the federal
act and any physical change or change in method of operations that is subject
to the pre-construction regulations promulgated under Parts C and D of the
federal act.
