Current through Register Vol. 35, No. 18, September 24, 2024
A. Any owner or operator who begins actual
construction or operates a source or modification without, or not in accordance
with, a permit issued under the requirements of 20.11.61 NMAC shall be subject
to enforcement action.
B. Approval
to construct shall not relieve any person from the responsibility to comply
fully with the provisions of the Air Quality Control Act, Sections
74-2-1 to
74-2-17,
NMSA 1978; any applicable regulations of the board; and any other requirements
under local, state, or federal law.
C. Approval to construct shall become invalid
if construction is not commenced within 18 months after receipt of such
approval, if construction is discontinued for a period of 18 months or more, or
if construction is not completed within a reasonable time; the administrator
may extend the 18-month period upon a satisfactory showing that an extension is
justified; this provision does not apply to the time period between
construction of the approved phases of a phased construction project; each
phase must commence construction within 18 months of the projected and approved
commencement date.
D. At such time
that a particular source or modification becomes a major stationary source or
major modification solely by virtue of a relaxation in any enforceable
limitation which was established after August 7, 1980, on the capacity of the
source or modification otherwise to emit a pollutant, such as a restriction on
hours of operation, then 20.11.61 NMAC shall apply to the source or
modification as though construction had not yet commenced on the source or
modification.
E. Except as
otherwise provided in Paragraph (6) of Subsection E of 20.11.61.12 NMAC the
following specific provisions apply with respect to any regulated NSR pollutant
emitted from projects at existing emissions units at a major stationary source
(other than projects at a source with a PAL) in circumstances where there is a
reasonable possibility within the meaning of Paragraph (6) of Subsection E of
20.11.61.12 NMAC that a project that is not a part of a major modification may
result in a significant emissions increase of such pollutant and the owner or
operator elects to use the method specified in Paragraphs (1) through (3) of
Subsection VV of 20.11.61.7 NMAC for calculating projected actual emissions.
(1) Before beginning actual construction of
the project, the owner or operator shall document and maintain a record of the
following information:
(a) a description of
the project;
(b) identification of
the emissions unit(s) whose emissions of a regulated NSR pollutant could be
affected by the project; and
(c) a
description of the applicability test used to determine that the project is not
a major modification for any regulated NSR pollutant, including the baseline
actual emissions, the projected actual emissions, the amount of emissions
excluded under Paragraph (3) of Subsection VV of 20.11.61.7 NMAC and an
explanation for why such amount was excluded, and any netting calculations, if
applicable.
(2) If the
emissions unit is an existing electric utility steam generating unit, before
beginning actual construction, the owner or operator shall provide a copy of
the information set out in Paragraph (1) of Subsection E of 20.11.61.12 NMAC to
the department. Nothing in Paragraph (2) of Subsection E of 20.11.61.12 NMAC
shall be construed to require the owner or operator of such a unit to obtain
any determination from the department before beginning actual construction;
however, necessary preconstruction approvals and/or permits must be obtained
before beginning actual construction.
(3) The owner or operator shall monitor the
emissions of any regulated NSR pollutant that could increase as a result of the
project and that is emitted by any emissions unit identified in Subparagraph
(b) of Paragraph (1) of Subsection E of 20.11.61.12 NMAC; and calculate and
maintain a record of the annual emissions, in tons per year on a calendar year
basis, for a period of five years following resumption of regular operations
after the change, or for a period of 10 years following resumption of regular
operations after the change if the project increases the design capacity or
potential to emit of that regulated NSR pollutant at such emissions unit. For
purposes of Paragraph (3) of Subsection E of 20.11.61.12 NMAC, fugitive
emissions (to the extent quantifiable) shall be monitored if the emissions unit
is part of one of the source categories listed in Table 1 of 20.11.61.26 NMAC
or if the emissions unit is located at a major stationary source that belongs
to one of the listed source categories.
(4) If the unit is an existing electric
utility steam generating unit, the owner or operator shall submit a report to
the department within 60 days after the end of each year during which records
must be generated under Subparagraph (c) of Paragraph (1) of Subsection E of
20.11.61.12 NMAC setting out the unit's annual emissions during the calendar
year that preceded submission of the report.
(5) If the unit is an existing unit other
than an electric utility steam generating unit, the owner or operator shall
submit a report to the department if the annual emissions, in tons per year,
from the project identified in Paragraph (1) of Subsection E of 20.11.61.12
NMAC, exceed the baseline actual emissions (as documented and maintained
pursuant to Subparagraph (c) of Paragraph (1) of Subsection E of 20.11.61.12
NMAC) by a significant amount for that regulated NSR pollutant, and if such
emissions differ from the preconstruction projection as documented and
maintained pursuant to Subparagraph (c) of Paragraph (1) of Subsection E of
20.11.61.12 NMAC. Such report shall be submitted to the department within 60
days after the end of such year. The report shall contain the following:
(a) the name, address and telephone number of
the major stationary source;
(b)
the annual emissions as calculated pursuant to Paragraph (3) of Subsection E of
20.11.61.12 NMAC; and
(c) any other
information that the owner or operator wishes to include in the report (e.g.,
an explanation as to why the emissions differ from the preconstruction
projection).
(6) A
''reasonable possibility'' under Subsection E of 20.11.61.12 NMAC occurs when
the owner or operator calculates the project to result in either:
(a) a projected actual emissions increase of
at least 50 percent of the amount that is a ''significant emissions increase,''
as defined under Subsection AAA of 20.11.61.7 NMAC (without reference to the
amount that is a significant net emissions increase), for the regulated NSR
pollutant; or
(b) a projected
actual emissions increase that, added to the amount of emissions excluded under
Paragraph (3) of Subsection VV of 20.11.61.7 NMAC, sums to at least 50 percent
of the amount that is a "significant emissions increase," as defined under
Subsection AAA of 20.11.61.7 NMAC (without reference to the amount that is a
significant net emissions increase), for the regulated NSR pollutant; for a
project for which a reasonable possibility occurs only within the meaning of
Subparagraph (b) of Paragraph (6) of Subsection E of 20.11.61.12 NMAC, and not
also within the meaning of Subparagraph (a) of Paragraph (6) of Subsection E of
20.11.61.12 NMAC, then provisions of Paragraphs (2) through (5) of Subsection E
of 20.11.61.12 NMAC do not apply to the project.
F. The owner or operator of the
source shall make the information required to be documented and maintained
pursuant to Subsection E of 20.11.61.12 NMAC available for review upon request
for inspection by the department or the general public pursuant to the
requirements contained in
40 CFR
70.4(b)(3)(viii).
