Current through Register Vol. 35, No. 18, September 24, 2024
A. Preapplication analysis.
(1) Any application for a permit under
regulations approved pursuant to
40 CFR
51.166 (e.g. 20.11.61 NMAC) shall contain an
analysis of ambient air quality in the area that the major stationary source or
major modification would affect for each of the following pollutants:
(a) for a major stationary source, each
pollutant that it would have the potential to emit in a significant amount;
or
(b) for a major modification,
each pollutant for which it would result in a significant net emission
increase.
(2) If no
NAAQS for a pollutant exists, and there is an acceptable method for monitoring
that pollutant, the analysis shall contain such air quality monitoring data as
the department determines is necessary to assess ambient air quality for that
pollutant in any area that the emissions of that pollutant would
affect.
(3) For pollutants (other
than nonmethane hydrocarbons) for which a standard does exist, the analysis
shall contain continuous air quality monitoring data gathered for purposes of
determining whether emissions of that pollutant would cause or contribute to a
violation of the standard or any maximum allowable increase.
(4) The continuous air quality monitoring
data that is required shall have been gathered over a period of one year and
shall represent the one year period preceding receipt of the permit
application. The department has the discretion to:
(a) determine that a complete and adequate
analysis can be accomplished with monitoring data gathered over a period
shorter than one year but not less than four months; or
(b) determine that existing air quality
monitoring data is representative of air quality in the affected area and
accept such data in lieu of additional monitoring by the applicant.
(5) Ozone monitoring shall be
performed if monitoring data is required for volatile organic compounds or
oxides of nitrogen. The owner or operator of a proposed major stationary source
or major modification of volatile organic compounds who satisfies all
conditions of 40 CFR Part 51 Appendix S, Section IV may provide post-approval
monitoring data for ozone in lieu of providing preconstruction data as required
under Subsection A of 20.11.61.18 NMAC.
B. Post-construction monitoring. The owner or
operator of a major stationary source or major modification shall, after
construction of the stationary source or modification, conduct such ambient
monitoring as the department determines is necessary to determine the effect
emissions from the stationary source or modification may have, or are having,
on air quality in any area, including monitoring to validate attainment of
ambient air quality standards and to assure that increments are not
exceeded.
C. Operation of
monitoring stations. The owner or operator of a major stationary source or
major modification shall meet the requirements of 40 CFR 58, Appendix B during
the operation of monitoring stations for purposes of satisfying the
requirements of Subsections A through C of 20.11.61.18 NMAC.
D. Exceptions. The department has the
discretion to exempt a proposed major stationary source or major modification
from the requirements of Subsections A through C of 20.11.61.18 NMAC with
respect to monitoring for a particular pollutant if:
(1) the emissions increase of the pollutant
from a new stationary source or the net emissions increase of the pollutant
from a modification would cause, in any area, air quality impacts less than the
levels listed in Table 3 of 20.11.61.28 NMAC;
(2) the existing ambient concentrations of
the pollutant in the area affected by the source or modification are less than
the concentrations listed in Table 3 of 20.11.61.28 NMAC; or
(3) the pollutant is not listed in Table 3 of
20.11.61.28 NMAC.
