Current through Register Vol. 35, No. 18, September 24, 2024
In addition to the definitions in 20.11.60.7 NMAC, the
definitions in 20.11.1 NMAC apply unless there is a conflict between
definitions, in which case the definition in 20.11.60.7 NMAC shall
govern.
A. "Actual emissions" means
the actual rate of emissions of a regulated new source review pollutant from an
emissions unit, as determined in accordance with Paragraphs (1)-(3) of
Subsection A of 20.11.60.7 NMAC, except that this definition shall not apply
for calculating whether a significant emissions increase has occurred, or for
establishing a plantwide applicability limit under 20.11.60.27 NMAC. Instead,
Subsections E and II of 20.11.60.7 NMAC shall apply for those purposes.
(1) In general, actual emissions as of a
particular date shall equal the average rate, in tons per year, at which the
unit actually emitted the pollutant during a consecutive 24-month period which
precedes the particular date and which is representative of normal source
operation. The department shall allow the use of a different time period upon a
determination that it is more representative of normal source operation. Actual
emissions shall be calculated using the unit's actual operating hours,
production rates, and types of materials processed, stored, or combusted during
the selected time period.
(2) The
department may presume that source-specific allowable emissions for the unit
are equivalent to the actual emissions of the unit.
(3) For any emissions unit that has not begun
normal operations on the particular date, actual emissions shall equal the
potential to emit of the unit on that date.
B. "Administrator" means the administrator of
the United States environmental protection agency (USEPA) or an authorized
representative.
C. "Adverse impact
on visibility" means visibility impairment which interferes with the
management, protection, preservation, or enjoyment of the visitor's visual
experience of the mandatory federal class I area. This determination must be
made on a case-by-case basis taking into account the geographic extent,
intensity, duration, frequency, and time of the visibility impairments and how
these factors correlate with:
(1) times of
visitor use of the mandatory federal class I area; and
(2) the frequency and timing of natural
conditions that reduce visibility. This term does not include effects on
integral vistas as defined in
40
CFR 51.301
Definitions.
D. "Allowable emissions" means the emissions
rate of a stationary source calculated using the maximum rated capacity of the
source, (unless the source is subject to federally enforceable limits which
restrict the operating rate, or hours of operation, or both,) and the most
stringent of the following:
(1) the applicable
standard set forth in 40 CFR Part 60 or 61;
(2) any applicable state implementation plan
emissions limitation including those with a future compliance date;
or
(3) the emissions rate specified
as a federally enforceable permit condition, including those with a future
compliance date.
E.
"Baseline actual emissions" means the rate of emissions, in tons per year, of a
regulated new source review pollutant, as determined in accordance with
Paragraphs (1)-(4) of Subsection E of 20.11.60.7 NMAC.
(1) For any existing electric utility steam
generating unit, baseline actual emissions means the average rate, in tons per
year, at which the unit actually emitted the pollutant during any consecutive
24-month period selected by the owner or operator within the five year period
immediately preceding when the owner or operator begins actual construction of
the project. The department shall allow the use of a different time period upon
a determination that it is more representative of normal source operation.
(a) The average rate shall include fugitive
emissions to the extent quantifiable, and emissions associated with startups,
shutdowns, and malfunctions.
(b)
The average rate shall be adjusted downward to exclude any noncompliant
emissions that occurred while the source was operating above any emission
limitation that was legally enforceable during the consecutive 24-month
period.
(c) For a regulated new
source review pollutant, when a project involves multiple emissions units, only
one consecutive 24-month period must be used to determine the baseline actual
emissions for the emissions units being changed. A different consecutive
24-month period can be used for each regulated new source review
pollutant.
(d) The average rate
shall not be based on any consecutive 24-month period for which there is
inadequate information for determining annual emissions, in tons per year, and
for adjusting this amount if required by Subparagraph (b) of Paragraph (1) of
Subsection E of 20.11.60.7 NMAC.
(2) For an existing emissions unit (other
than an electric utility steam generating unit) baseline actual emissions means
the average rate, in tons per year, at which the emissions unit actually
emitted the pollutant during any consecutive 24-month period selected by the
owner or operator within the 10 year period immediately preceding either the
date the owner or operator begins actual construction of the project, or the
date a complete permit application is received by the department for a permit
required either under 20.11.60.7 NMAC or under a plan approved by the
administrator, whichever is earlier, except that the 10 year period shall not
include any period earlier than November 15, 1990.
(a) The average rate shall include fugitive
emissions to the extent quantifiable, and emissions associated with startups,
shutdowns, and malfunctions.
(b)
The average rate shall be adjusted downward to exclude any noncompliant
emissions that occurred while the source was operating above an emission
limitation that was legally enforceable during the consecutive 24-month
period.
(c) The average rate shall
be adjusted downward to exclude any emissions that would have exceeded an
emission limitation with which the major stationary source must currently
comply, had such major stationary source been required to comply with such
limitations during the consecutive 24-month period. However, if an emission
limitation is part of a maximum achievable control technology standard that the
administrator proposed or promulgated under 40 CFR Part 63, the baseline actual
emissions need only be adjusted if the state has taken credit for such
emissions reductions in an attainment demonstration or maintenance plan
consistent with the requirements of Paragraph (7) of Subsection B of
20.11.60.15 NMAC.
(d) For a
regulated new source review pollutant, when a project involves multiple
emissions units, only one consecutive 24-month period must be used to determine
the baseline actual emissions for the emissions units being changed. A
different consecutive 24-month period can be used for each regulated new source
review pollutant.
(e) The average
rate shall not be based on any consecutive 24-month period for which there is
inadequate information for determining annual emissions, in tons per year, and
for adjusting this amount if required by Subparagraphs (b) and (c) of Paragraph
(2) of Subsection E of 20.11.60.7 NMAC.
(3) For a new emissions unit, the baseline
actual emissions for purposes of determining the emissions increase that will
result from the initial construction and operation of such unit shall equal
zero; and thereafter, for all other purposes, shall equal the unit's potential
to emit.
(4) For a plantwide
applicability limit for a major stationary source, the baseline actual
emissions shall be calculated for existing electric utility steam generating
units in accordance with the procedures contained in Paragraph (1) of
Subsection E of 20.11.60.7 NMAC, for other existing emissions units in
accordance with the procedures contained in Paragraph (2) of Subsection E of
20.11.60.7 NMAC, and for a new emissions unit in accordance with the procedures
contained in Paragraph (3) of Subsection E of 20.11.60.7 NMAC.
F. "Begin actual construction"
means in general, initiation of physical on-site construction activities on an
emissions unit which are of a permanent nature. Such activities include, but
are not limited to, installation of building supports and foundations, laying
of underground pipework, and construction of permanent storage structures. With
respect to a change in method of operating this term refers to those on-site
activities other than preparatory activities which mark the initiation of the
change.
G. "Best available control
technology (BACT)" means an emissions limitation (including a visible emissions
standard) based on the maximum degree of reduction for each regulated new
source review pollutant which would be emitted from any proposed major
stationary source or major modification which the department, on a case-by-case
basis, taking into account energy, environmental, and economic impacts and
other costs, determines is achievable for such source or modification through
application of production processes or available methods, systems, and
techniques, including fuel cleaning, clean fuels, or treatment or innovative
fuel combustion techniques for control of such pollutant. In no event shall
application of best available control technology result in emissions of any
pollutant which would exceed the emissions allowed by any applicable standard
under 40 CFR Part 60 or 61. If the department determines that technological or
economic limitations on the application of measurement methodology to a
particular emissions unit would make the imposition of an emissions standard
infeasible, a design, equipment, work practice, operational standard, or
combination thereof, may be prescribed instead to satisfy the requirement for
the application of BACT. Such standard shall, to the degree possible, set forth
the emissions reduction achievable by implementation of such design, equipment,
work practice or operation, and shall provide for compliance by means which
achieve equivalent results.
H.
"Building, structure, facility or installation" means all of the
pollutant-emitting activities which belong to the same industrial grouping, are
located on one or more contiguous or adjacent properties, and are under the
control of the same person (or persons under common control) except the
activities of any vessel. Pollutant-emitting activities shall be considered as
part of the same industrial grouping if they belong to the same "major group,"
that is, which have the same two-digit code, as described in the
standard industrial classification manual, 1972, as amended by
the 1977 supplement (U. S. government printing office stock numbers 4101-0065
and 003-005-00176 -0, respectively).
I. "Commence" as applied to construction of a
major stationary source or major modification means that the owner or operator
has all necessary preconstruction approvals or permits and either has:
(1) begun, or caused to begin, a continuous
program of actual on-site construction of the source, to be completed within a
reasonable time; or
(2) entered
into binding agreements or contractual obligations, which cannot be cancelled
or modified without substantial loss to the owner or operator, to undertake a
program of actual construction of the source to be completed within a
reasonable time.
J.
"Construction" means any physical change or change in the method of operation
(including fabrication, erection, installation, demolition, or modification of
an emissions unit) which would result in a change in actual
emissions.
K. "Continuous emissions
monitoring system (CEMS)" means all of the equipment that may be required to
meet the data acquisition and availability requirements of 20.11.60 NMAC, to
sample, condition (if applicable), analyze, and provide a record of emissions
on a continuous basis.
L.
"Continuous emissions rate monitoring system (CERMS)" means the total equipment
required for the determination and recording of the pollutant mass emissions
rate (in terms of mass per unit of time).
M. "Continuous parameter monitoring system
(CPMS)" means all of the equipment necessary to meet the data acquisition and
availability requirements of 20.11.60 NMAC, to monitor process and control
device operational parameters (for example, control device secondary voltages
and electric currents), and other information (for example, gas flow rate,
oxygen or carbon dioxide concentrations), and to record average operational
parameter value(s) on a continuous basis.
N. "Electric utility steam generating unit"
means any steam electric generating unit that is constructed for the purpose of
supplying more than one-third of its potential electric output capacity and
more than 25 megawatts electrical output to any utility power distribution
system for sale. Any steam supplied to a steam distribution system for the
purpose of providing steam to a steam-electric generator that would produce
electrical energy for sale is also considered in determining the electrical
energy output capacity of the affected facility.
O. "Emissions unit" means any part of a
stationary source that emits or would have the potential to emit any regulated
new source review pollutant and includes an electric steam generating unit as
defined in Subsection N of 20.11.60.7 NMAC. For purposes of 20.11.60.7 NMAC,
there are two types of emissions units as described in Paragraphs (1) and (2)
of Subsection O of 20.11.60.7 NMAC.
(1) A new
emissions unit is any emissions unit which is (or will be) newly constructed
and which has existed for less than two years from the date such emissions unit
first operated.
(2) An existing
emissions unit is any emissions unit that does not meet the requirements in
Paragraph (1) of Subsection O of 20.11.60.7 NMAC. A replacement unit, as
defined in 20.11.60.7 NMAC, is an existing unit.
P. "Federal class I area" means any federal
land that is classified or reclassified as "class I".
Q. "Federal land manager" means, with respect
to any lands in the United States, the secretary of the department with
authority over such lands.
R.
"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 any applicable state
implementation plan, any permit requirements established pursuant to
40 CFR
52.21 or under regulations approved pursuant
to 40 CFR Part 51, Subpart I including operating permits issued under an
EPA-approved program that requires adherence to any permit issued under such
program.
S. "Fugitive emissions"
means those emissions which could not reasonably pass through a stack, chimney,
vent, or other functionally equivalent opening.
T. "Lowest achievable emission rate (LAER)"
means, for any source, the more stringent rate of emissions based on the
following:
(1) the most stringent emissions
limitation which is contained in the implementation plan of any state for such
class or category of stationary source, unless the owner or operator of the
proposed stationary source demonstrates that such limitations are not
achievable; or
(2) the most
stringent emissions limitation which is achieved in practice by such class or
category of stationary source; this limitation, when applied to a modification,
means the lowest achievable emissions rate for the new or modified emissions
units within the stationary source; in no event shall the application of this
term permit a proposed new or modified stationary source to emit any pollutant
in excess of the amount allowable under an applicable new source performance
standard.
U. "Major
modification" means:
(1) Any physical change
in or change in the method of operation of a major stationary source that would
result in:
(a) a significant emissions
increase of a regulated new source review pollutant; and
(b) a significant net emissions increase of
that pollutant from the major stationary source.
(2) Any significant emissions increase from
any emissions units or net emissions increase at a major stationary source that
is significant for volatile organic compounds or oxides of nitrogen shall be
considered significant for ozone.
(3) A physical change or change in the method
of operation shall not include:
(a) routine
maintenance, repair, and replacement;
(b) use of an alternative fuel or raw
material by reason of an order under Section 2 (a) and (b) of the Energy Supply
and Environmental Coordination Act of 1974, or any superseding legislation, or
by reason of a natural gas curtailment plan pursuant to the Federal Power
Act;
(c) use of an alternative fuel
by reason of an order or rule under Section 125 of the federal Clean Air
Act;
(d) use of an alternative fuel
at a steam generating unit to the extent that the fuel is generated from
municipal solid waste;
(e) use of
an alternative fuel or raw material by a stationary source which;
(i) the source was capable of accommodating
before December 21, 1976, unless such change would be prohibited under any
federally enforceable permit condition which was established after December 21,
1976 pursuant to
40 CFR
52.21 or under regulations approved pursuant
to 40 CFR Subpart I or
40 CFR
51.166; or
(ii) the source is approved to use under any
permit issued under
40 CFR
52.21 or under regulations approved pursuant
to
40 CFR
51.166;
(f) an increase in the hours of operation or
in the production rate, unless such change is prohibited under any federally
enforceable permit condition which was established after December 21, 1976,
pursuant to
40 CFR
52.21 or under regulations approved pursuant
to
40 CFR 51.165
or
40 CFR
51.166;
(g) any change in ownership at a stationary
source; or
(h) the installation,
operation, cessation, or removal of a temporary clean coal technology
demonstration project, provided that the project complies with:
(i) the state implementation plan for the
state in which the project is located and
(ii) other requirements necessary to attain
and maintain the national ambient air quality standards during the project and
after it is terminated.
(4) This definition shall not apply with
respect to a particular regulated new source review pollutant when the major
stationary source is complying with the requirements under 20.11.60.27 NMAC for
a plantwide applicability limit for that pollutant. Instead, the definition at
Paragraph (8) of Subsection B of 20.11.60.27 NMAC shall apply.
(5) For the purpose of applying the
requirements of 20.11.60.17 NMAC to modifications at major stationary sources
of nitrogen oxides located in ozone nonattainment areas or in ozone transport
regions, whether or not subject to Subpart 2, Part D, Title I of the act, any
significant net emissions increase of nitrogen oxides is considered significant
for ozone.
(6) Any physical change
in, or change in the method of operation of, a major stationary source of
volatile organic compounds that results in any increase in emissions of
volatile organic compounds from any discrete operation, emissions unit, or
other pollutant emitting activity at the source shall be considered a
significant net emissions increase and a major modification for ozone, if the
major stationary source is located in an extreme ozone nonattainment area that
is subject to Subpart 2, Part D, Title I of the act.
V. "Major stationary source"
(1) Means:
(a) Any stationary source of air pollutants
that emits, or has the potential to emit, 100 tons per year or more of any
regulated new source review pollutant, except that lower emission thresholds
shall apply in areas subject to Subpart 2, Subpart 3, or Subpart 4 of Part D,
Title I of the act, according to Items (i)-(vi) of Subparagraph (a) of
Paragraph (1) of Subsection V of 20.11.60.7 NMAC.
(i) 50 tons per year of volatile organic
compounds in any serious ozone nonattainment area.
(ii) 50 tons per year of volatile organic
compounds in an area within an ozone transport region, except for any severe or
extreme ozone nonattainment area.
(iii) 25 tons per year of volatile organic
compounds in any severe ozone nonattainment area.
(iv) 10 tons per year of volatile organic
compounds in any extreme ozone nonattainment area.
(v) 50 tons per year of carbon monoxide in
any serious nonattainment area for carbon monoxide, where stationary sources
contribute significantly to carbon monoxide levels in the area (as determined
under rules issued by the administrator).
(vi) 70 tons per year of PM
10 in any serious nonattainment area for PM
10.
(b) For the purposes of applying the
requirements of 20.11.60.17 NMAC to stationary sources of nitrogen oxides
located in an ozone nonattainment area or in an ozone transport region, any
stationary source which emits, or has the potential to emit, 100 tons per year
or more of nitrogen oxides emissions, except that the emission thresholds in
Items (i)-(vi) of Subparagraph (b) of Paragraph (1) of Subsection V of
20.11.60.7 NMAC shall apply in areas subject to Subpart 2 of Part D, Title I of
the act.
(i) 100 tons per year or more of
nitrogen oxides in any ozone nonattainment area classified as marginal or
moderate.
(ii) 100 tons per year or
more of nitrogen oxides in any ozone nonattainment area classified as a
transitional, submarginal, or incomplete or no data area, when such area is
located in an ozone transport region.
(iii) 100 tons per year or more of nitrogen
oxides in any area designated under Section 107(d) of the act as attainment or
unclassifiable for ozone that is located in an ozone transport
region.
(iv) 50 tons per year or
more of nitrogen oxides in any serious nonattainment area for ozone.
(v) 25 tons per year or more of nitrogen
oxides in any severe nonattainment area for ozone.
(vi) 10 tons per year or more of nitrogen
oxides in any extreme nonattainment area for ozone; or
(c) any physical change that would occur at a
stationary source not qualifying under Subparagraph (a) or (b) of Paragraph (1)
of Subsection V of 20.11.60.7 NMAC as a major stationary source, if the change
would constitute a major stationary source by itself.
(2) A major stationary source that is major
for volatile organic compounds shall be considered major for ozone.
(3) The fugitive emissions of a stationary
source shall not be included in determining for any of the purposes of
Subsection V of 20.11.60.7 NMAC whether it is a major stationary source, unless
the source belongs to one of the following categories of stationary sources:
(a) carbon black plants (furnace
process);
(b) charcoal production
plants;
(c) chemical process plants
- not including ethanol production facilities that produce ethanol by natural
fermentation included in NAICS codes 325193 or 312140;
(d) coal cleaning plants (with thermal
dryers);
(e) coke oven
batteries;
(f) fossil fuel-fired
steam electric plants of more than 250 million Btu/hr heat input;
(g) fossil fuel boilers (or combination
thereof) totaling more than 250 million Btu/hr heat input;
(h) fuel conversion plants;
(i) glass fiber processing plants;
(j) hydrofluoric acid plants;
(k) iron and steel mill plants;
(l) kraft pulp mills;
(m) lime plants;
(n) municipal incinerators capable of
charging more than 250 tons of refuse per day;
(o) nitric acid plants;
(p) petroleum refineries;
(q) petroleum storage and transfer units with
a total storage capacity exceeding 300,000 barrels;
(r) phosphate rock processing
plants;
(s) Portland cement
plant;
(t) primary lead
smelters;
(u) primary zinc
smelters;
(v) primary aluminum ore
reduction plants;
(w) primary
copper smelters;
(x) secondary
metal production plants;
(y)
sintering plants;
(z) sulfur
recovery plants;
(aa) sulfuric acid
plants;
(bb) taconite ore
processing plants; or
(cc) any
other stationary source category which, as of August 7, 1980, is being
regulated under Section 111 or 112 of the federal Clean Air Act.
W. "Mandatory federal
class I area" means those federal lands that are international parks, national
wilderness areas which exceed 5,000 acres in size, national memorial parks
which exceed 5,000 acres in size, and national parks which exceed 6,000 acres
in size, and which were in existence on August 7, 1977. These areas may not be
redesignated.
X. "Natural
conditions" includes naturally occurring phenomena that reduce visibility as
measured in terms of visual range, contrast or coloration.
Y. "Necessary preconstruction approvals or
permits" means those permits or approvals required under federal air quality
control laws and regulations and those air quality control laws and regulations
which are part of the applicable state implementation plan (SIP).
Z. "Net emissions increase"
(1) Means, with respect to any regulated new
source review pollutant emitted by a major stationary source, the amount by
which the sum of the following exceeds zero:
(a) the increase in emissions from a
particular physical change or change in the method of operation at a stationary
source as calculated pursuant to Subsection B of 20.11.60.12 NMAC;
and
(b) any other increases and
decreases in actual emissions at the major stationary source that are
contemporaneous with the particular change and are otherwise creditable;
baseline actual emissions for calculating increases and decreases under
Subparagraph (b) of Paragraph (1) of Subsection Z of 20.11.60.7 NMAC, shall be
determined as provided in Subsection E of 20.11.60.7 NMAC, except that
Subparagraphs (c) of Paragraph (1) and (d) of Paragraph (2) of Subsection E of
20.11.60.7 NMAC shall not apply.
(2) An increase or decrease in actual
emissions is contemporaneous with the increase from the particular change only
if it occurs before the date that the increase from the particular change
occurs.
(3) An increase or decrease
in actual emissions is creditable only if:
(a) it occurs between:
(i) the date five years prior to the
commencement of construction on the particular change; and
(ii) the date that the increase from the
particular change occurs; and
(b) the department has not relied on it in
issuing a permit for the source under regulations approved pursuant to
40 CFR
51.165, which permit is in effect when the
increase in actual emissions from the particular change occurs.
(4) An increase in
actual emissions is creditable only to the extent that the new level of actual
emissions exceeds the old level.
(5) A decrease in actual emissions is
creditable only to the extent that:
(a) the
old level of actual emissions or the old level of allowable emissions whichever
is lower, exceeds the new level of actual emissions;
(b) it is enforceable as a practical matter
at and after the time that actual construction on the particular change
begins;
(c) the department has not
relied on it in issuing any permit under regulations approved pursuant to 40
CFR Part 51 Subpart I or the state has not relied on it in demonstrating
attainment or reasonable further progress; and
(d) it has approximately the same qualitative
significance for public health and welfare as that attributed to the increase
from the particular change.
(6) An increase that results from a physical
change at a source occurs when the emissions unit on which construction
occurred becomes operational and begins to emit a particular pollutant. Any
replacement unit that requires shakedown becomes operational only after a
reasonable shakedown period, not to exceed 180 days.
(7) Paragraph (1) of Subsection A of
20.11.60.7 NMAC shall not apply for determining creditable increases and
decreases or after a change.
AA. "Nonattainment area" means, for any air
pollutant an area which is shown by monitored data or which is calculated by
air quality modeling, or other methods determined by the administrator to be
reliable, to exceed any national ambient air quality standard for such
pollutant. Such term includes any area identified under Subparagraphs (A)
through (C) of Section 107(d)(1) of the federal Clean Air Act.
BB. "Nonattainment major new source review
(NSR) program" means a major source preconstruction permit program that has
been approved by the administrator and incorporated into the New Mexico state
implementation plan to implement the requirements of
40 CFR
51.165, or a program that implements 40 CFR
Part 51, Appendix S, Sections I through VI. Any permit issued under such a
program is a major new source review permit.
CC. "Part" means an air quality control
regulation under Title 20, Chapter 11 of the New Mexico administrative code
(NMAC), unless otherwise noted; as adopted or amended by the board.
DD. "Portable stationary source" means a
source which can be relocated to another operating site with limited
dismantling and reassembly.
EE.
"Potential to emit" means the maximum capacity of a stationary source to emit a
pollutant under its physical and operational design. Any physical or
operational limitation on the capacity of the source to emit a 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 only if the limitation or the effect it
would have on emissions is federally enforceable. Secondary emissions do not
count in determining the potential to emit of a stationary source.
FF. "Predictive emissions monitoring system
(PEMS)" means all of the equipment necessary to monitor process and control
device operational parameters (for example, control device secondary voltages
and electric currents), and other information (for example, gas flow rate,
oxygen or carbon dioxide concentrations), and calculate and record the mass
emissions rate (for example, pounds per hour), on a continuous basis.
GG. "Prevention of significant deterioration
(PSD) permit" means any permit that is issued under 20.11.61 NMAC.
HH. "Project" means a physical change in, or
change in the method of operation of, an existing major stationary
source.
II. "Projected actual
emissions"
(1) Means, the maximum annual
rate, in tons per year, at which an existing emissions unit is projected to
emit a regulated new source review pollutant in any one of the five years
(12-month period) following the date the unit resumes regular operation after
the project, or in any one of the 10 years following that date, if the project
involves increasing the emissions unit's design capacity or its potential to
emit of that regulated new source review pollutant and full utilization of the
unit would result in a significant emissions increase or a significant net
emissions increase at the major stationary source.
(2) In determining the projected actual
emissions under Paragraph (1) of Subsection II of 20.11.60.7 NMAC, before
beginning actual construction, the owner or operator of the major stationary
source:
(a) shall consider all relevant
information, including but not limited to, historical operational data, the
company's own representations, the company's expected business activity and the
company's highest projections of business activity, the company's filings with
the state or federal regulatory authorities, and compliance plans under the
approved plan; and
(b) shall
include fugitive emissions to the extent quantifiable, and emissions associated
with startups, shutdowns, and malfunctions; and
(c) shall exclude, in calculating any
increase in emissions that results from the particular project, that portion of
the unit's emissions following the project that an existing unit could have
accommodated during the consecutive 24-month period used to establish the
baseline actual emissions under Subsection E of 20.11.60.7 NMAC and that are
also unrelated to the particular project, including any increased utilization
due to product demand growth; or,
(d) in lieu of using the method set out in
Subparagraphs (a) through (c) of Paragraph (2) of Subsection II of 20.11.60.7
NMAC, may elect to use the emissions unit's potential to emit, in tons per
year, as defined under Subsection EE of 20.11.60.7 NMAC.
JJ. "Regulated
new source review pollutant", for purposes of 20.11.60 NMAC, means the
following:
(1) nitrogen oxides or any
volatile organic compounds;
(2) any
pollutant for which a national ambient air quality standard has been
promulgated; or
(3) any pollutant
that is a constituent or precursor of a general pollutant listed under
Paragraphs (1) or (2) of Subsection JJ of 20.11.60.7 NMAC, provided that such
constituent or precursor pollutant may only be regulated under new source
review as part of regulation of the general pollutant; precursors identified by
the administrator for purposes of NSR are the following:
(a) volatile organic compounds and nitrogen
oxides are precursors to ozone in all ozone nonattainment areas;
(b) sulfur dioxide is a precursor to
PM2.5 in all PM2.5 nonattainment
areas;
(c) nitrogen oxides are
presumed to be precursors to PM2.5 in all
PM2.5 nonattainment areas, unless the state demonstrates
to the administrator's satisfaction or EPA demonstrates that emissions of
nitrogen oxides from sources in a specific area are not a significant
contributor to that area's ambient PM2.5
concentrations;
(d) volatile
organic compounds and ammonia are presumed not to be precursors to
PM2.5 in any PM2.5 nonattainment
area, unless the state demonstrates to the administrator's satisfaction or EPA
demonstrates that emissions of volatile organic compounds or ammonia from
sources in a specific area are a significant contributor to that area's ambient
PM2.5 concentrations; or
(4) PM2.5 emissions
and PM10 emissions shall include gaseous emissions from
a source or activity which condense to form particulate matter at ambient
temperatures; on or after January 1, 2011 (or any earlier date established in
the upcoming rulemaking codifying test methods), such condensable particulate
matter shall be accounted for in applicability determinations and in
establishing emissions limitations for PM2.5 and
PM10 in nonattainment major NSR permits; compliance with
emissions limitations for PM2.5 and
PM10 issued prior to this date shall not be based on
condensable particulate matter unless required by the terms and conditions of
the permit or the applicable implementation plan; applicability determinations
made prior to this date without accounting for condensable particulate matter
shall not be considered in violation of this section unless the applicable
implementation plan required condensable particulate matter to be
included.
KK.
"Replacement unit" means an emission unit for which all of the criteria listed
in Paragraphs (1)-(4) of Subsection KK of 20.11.60.7 NMAC are met. No
creditable emission reductions shall be generated from shutting down the
existing emissions unit that is replaced.
(1)
The emissions unit is a reconstructed unit within the meaning of
40 CFR
60.15(b)(1), or the
emissions unit completely takes the place of an existing emissions
unit.
(2) The emissions unit is
identical to or functionally equivalent to the replaced emissions
unit.
(3) The replacement (unit)
does not alter the basic design parameter(s) of the process unit.
(4) The replaced emissions unit is
permanently removed from the major stationary source, otherwise permanently
disabled, or permanently barred from operation by a permit that is enforceable
as a practical matter. If the replaced emissions unit is brought back into
operation, it shall constitute a new emissions unit.
LL. "Secondary emissions" means emissions
which would occur as a result of the construction or operation of a major
stationary source or major modification, but do not come from the major
stationary source or major modification itself. For the purpose of 20.11.60.7
NMAC, secondary emissions must be specific, well defined, quantifiable, and
impact the same general area as the stationary source or modification which
causes the secondary emissions. Secondary emissions include emissions from any
offsite support facility which would not be constructed or increase its
emissions except as a result of the construction or operation of the major
stationary source or major modification. Secondary emissions do not include any
emissions which come directly from a mobile source, such as emissions from the
tailpipe of a motor vehicle, from a train, or from a vessel.
MM. "Significant" means, in reference to a
net emissions increase or the potential of a source to emit any of the
following pollutants, a rate of emissions that would equal or exceed any of the
following rates:
(1) Pollutant emission
rates:
(a) carbon monoxide, 100 tons per
year;
(b) nitrogen oxides, 40 tons
per year;
(c) sulfur dioxide, 40
tons per year;
(d)
PM10 emissions, 15 tons per year;
(e) ozone, 40 tons per year of volatile
organic compounds or nitrogen oxides; or
(f) lead, 0.6 tons per year; or
(g) PM2.5, 10 tons per
year of direct PM2.5 emissions; 40 tons per year of
sulfur dioxide emissions; 40 tons per year of nitrogen oxide emissions unless
demonstrated not to be a PM2.5 precursor under
Subsection JJ of 20.11.60.7 NMAC.
(2) Notwithstanding the significant emissions
rate for ozone in Paragraph (1) of Subsection MM of 20.11.60.7 NMAC,
significant means, in reference to an emissions increase or a net emissions
increase, any increase in actual emissions of volatile organic compounds that
would result from any physical change in, or change in the method of operation
of, a major stationary source locating in a serious or severe ozone
nonattainment area that is subject to Subpart 2, Part D, Title I of the act, if
such emissions increase of volatile organic compounds exceeds 25 tons per
year.
(3) For the purposes of
applying the requirements of 20.11.60.17 NMAC to modifications at major
stationary sources of nitrogen oxides located in an ozone nonattainment area or
in an ozone transport region, the significant emission rates and other
requirements for volatile organic compounds in Paragraphs (1), (2), and (5) of
Subsection MM of 20.11.60.7 NMAC shall apply to nitrogen oxides
emissions.
(4) Notwithstanding the
significant emissions rate for carbon monoxide under Paragraph (1) of
Subsection MM of 20.11.60.7 NMAC, significant means, in reference to an
emissions increase or a net emissions increase, any increase in actual
emissions of carbon monoxide that would result from any physical change in, or
change in the method of operation of, a major stationary source in a serious
nonattainment area for carbon monoxide if such increase equals or exceeds 50
tons per year, provided the administrator has determined that stationary
sources contribute significantly to carbon monoxide levels in that
area.
(5) Notwithstanding the
significant emissions rates for ozone under Paragraphs (1) and (2) of
Subsection MM of 20.11.60.7 NMAC, any increase in actual emissions of volatile
organic compounds from any emissions unit at a major stationary source of
volatile organic compounds located in an extreme ozone nonattainment area that
is subject to Subpart 2, Part D, Title I of the act shall be considered a
significant net emissions increase.
NN. "Significant emissions increase" means,
for a regulated new source review pollutant, an increase in emissions that is
significant for that pollutant.
OO.
"Stationary source" means any building, structure, facility, or installation
which emits or may emit any regulated new source review pollutant.
PP. "Temporary source" means a stationary
source which changes its location or ceases to exist within one year from the
date of initial start of operations.
QQ. "Visibility impairment" means any humanly
perceptible change in visibility, that is, visual range, contrast, coloration,
from that which would have existed under natural
conditions.
