Current through Register Vol. 35, No. 18, September 24, 2024
A. Following a public hearing, the director
may exclude the following concentrations in determining compliance with a
maximum allowable increase:
(1)
concentrations attributable to the increase in emissions from stationary
sources which have converted from the use of petroleum products, natural gas,
or both by reason of an order in effect under Section 2 (a) and (b) of the
Energy Supply and Environmental Coordination Act of 1974 (or any superseding
legislation), over the emissions from such sources before the effective date of
such an order;
(2) concentrations
attributable to the increase in emissions from sources which have converted
from using natural gas by reason of natural gas curtailment plan in effect
pursuant to the Federal Power Act, over the emissions from such sources before
the effective date of such plan;
(3) concentrations of particulate matter
attributable to the increase in emissions from construction or other temporary
emission-related activities of new or modified sources;
(4) the increase in concentrations
attributable to new sources outside the United States over the concentrations
attributable to existing sources which are included in the baseline
concentration; and
(5)
concentrations attributable to the temporary increase in emissions of sulfur
dioxide, particulate matter, or nitrogen oxides from stationary sources which
are affected by plan revisions approved by the administrator as meeting the
criteria specified in Subsection D of 20.11.61.23 NMAC.
B. If the plan provides that the
concentrations to which Paragraph (1) or (2) of Subsection A of 20.11.61.23
NMAC refers, shall be excluded, it shall also provide that no exclusion of such
concentrations shall apply more than five years after the effective date of the
order to which Paragraph (1) of Subsection A of 20.11.61.23 NMAC refers, or the
plan to which Paragraph (2) of Subsection A of 20.11.61.23 NMAC refers,
whichever is applicable. If both such order and plan are applicable, no such
exclusion shall apply more than five years after the later of such effective
dates.
D. For purposes of excluding concentrations
pursuant to Paragraph (5) of Subsection A of 20.11.61.23 NMAC, the
administrator may approve a plan revision that:
(1) specifies the time over which the
temporary emissions increase of sulfur dioxide, particulate matter, or nitrogen
oxides would occur such time is not to exceed 2 years in duration unless a
longer time is approved by the administrator;
(2) specifies that the time period for
excluding certain contributions in accordance with Paragraph (1) of Subsection
D of 20.11.61.23 NMAC, is not renewable;
(3) allows no emissions increase from a
stationary source which would:
(a) impact a
class I area or an area where an applicable increment is known to be violated;
or
(b) cause or contribute to the
violation of a NAAQS;
(4) requires limitations to be in effect the
end of the time period specified in accordance with Paragraph (1) of Subsection
D of 20.11.61.23 NMAC, which would ensure that the emissions levels from
stationary sources affected by the plan revision would not exceed those levels
occurring from such sources before the plan revision was approved.
