Current through Register Vol. 35, No. 18, September 24, 2024
A. The requirements
of 20.11.61 NMAC apply to the construction of any new major stationary source
or any project at an existing major stationary source in an area designated as
attainment or unclassifiable.
B.
The requirements of 20.11.61.12 NMAC through 20.11.61.18NMAC, 20.11.61.21 NMAC
and 20.11.61.24 NMAC apply to the construction of any new major stationary
source or the major modification of any existing major stationary source except
as 20.11.61 NMAC otherwise provides.
C. No new major stationary source or major
modification to which the requirements of Subsections A, B, C, and D of
20.11.61.12 NMAC, 20.11.61.13 NMAC through 20.11.61.18 NMAC, 20.11.61.21 NMAC
and 20.11.61.24 NMAC apply shall begin actual construction without a permit
that states that the major stationary source or major modification will meet
those requirements.
D.
Applicability procedures.
(1) Except
as otherwise provided in Subsection E of 20.11.61.11 NMAC, and consistent with
the definition of major modification, a project is a major modification for a
regulated NSR pollutant if it causes a significant emissions increase and a
significant net emissions increase. The project is not a major modification if
it does not cause a significant emissions increase. If the project causes a
significant emissions increase, then the project is a major modification only
if it also results in a significant net emissions increase.
(2) The procedure for calculating (before
beginning actual construction) whether a significant emissions increase (i.e.,
the first step of the process) will occur depends upon the type of emissions
units being modified, according to Paragraphs (3) through (5) of Subsection D
of 20.11.61.11 NMAC. The procedure for calculating (before beginning actual
construction) whether a significant net emissions increase will occur at the
major stationary source (i.e., the second step of the process) is contained in
the definition in Subsection PP of 20.11.61.7 NMAC. Regardless of any such
preconstruction projections, a major modification results if the project causes
a significant emissions increase and a significant net emissions
increase.
(3)
Actual-to-projected-actual applicability test for projects that only involve
existing emissions units. A significant emissions increase of a
regulated NSR pollutant is projected to occur if the sum of the difference
between the projected actual emissions and the baseline actual emissions for
each existing emissions unit equals or exceeds the significant amount for that
pollutant.
(4)
Actual-to-potential test for projects that only involve construction of a new
emissions unit(s). A significant emissions increase of a regulated NSR
pollutant is projected to occur if the sum of the difference between the
potential to emit from each new emissions unit following completion of the
project and the baseline actual emissions of these units before the project
equals or exceeds the significant amount for that pollutant.
(5)
Hybrid test for projects that
involve multiple types of emissions units. A significant emissions
increase of a regulated NSR pollutant is projected to occur if the sum of the
emissions increases for each emissions unit, using the method specified in
Paragraphs (3) and (4) of Subsection D of 20.11.61.11 NMAC as applicable with
respect to each emissions unit, for each type of emissions unit equals or
exceeds the significant amount for that pollutant.
E. For any major stationary source for a PAL
for a regulated NSR pollutant, the major stationary source shall comply with
requirements under 20.11.61.20 NMAC.
