Current through Register Vol. 35, No. 18, September 24, 2024
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
81.300
et
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.
