Current through Register Vol. 35, No. 18, September 24, 2024
In addition to the definitions in 20.11.61 NMAC, the
definitions in 20.11.1 NMAC, General Provisions, shall apply
unless there is a conflict between definitions, in which case the definition in
20.11.61 NMAC shall govern.
A.
"Act" means the federal Clean Air Act, as amended, 42 U. S. C. Sections
7401 et seq.
B.
"Actual
emissions" means the actual rate of emissions of a regulated NSR
pollutant from an emissions unit, as determined in accordance with Paragraphs
(2) through (4) of Subsection B of 20.11.61.7 NMAC.
(1) This definition shall not apply for
calculating whether a significant emissions increase has occurred, or for
establishing a PAL under 20.11.61.20 NMAC. Instead, Subsections I and VV of
20.11.61.7 NMAC shall apply for those purposes.
(2) 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.
(3) The
department may presume that source-specific allowable emissions for the unit
are equivalent to the actual emissions of the unit.
(4) 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.
C.
"Administrator" means the
administrator of the U.S. environmental protection agency (EPA) or an
authorized representative.
D.
"Adverse impact on visibility" means visibility impairment which
interferes with the management, protection, preservation, or enjoyment of the
visitor's visual experience of the 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 the following:
(1) times of visitor use of the 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.
E.
"Air quality related values (AQRV)"
means visibility and other scenic, cultural, physical, biological,
ecological, or recreational resources which may be affected by a change in air
quality resulting from the emissions of a proposed major stationary source or
major modification that interferes with the management, protection,
preservation, or enjoyment of the AQRV of a federal class I area.
F.
"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 standards as set forth in 40 CFR Parts 60 and 61;
(2) the 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.
G.
"Associated emission sources" means secondary emissions and all
reasonably foreseeable emissions of regulated pollutants from the growth of
general residential, commercial, industrial, governmental emission sources and
other mobile and non-mobile emission sources which are associated with or
support the proposed new major stationary source or major modification. Other
mobile and non-mobile emission sources shall include, but not be limited to,
new highways and roads or improvements to existing highways and roads to
increase capacity, new parking facilities or improvements to existing parking
facilities to increase capacity, service enhancements to ground and air public
transportation to include the building of new public transportation facilities
or improvements to existing public transportation facilities to increase
capacity; and the building of new public or private educational facilities or
improving existing public or private educational facilities to increase
enrollment.
H.
"Attainment
area" means, for any air pollutant, an area which is shown by monitored
data or which is calculated by air quality modeling not to exceed any NAAQS for
such pollutant, and is so designated under Section 107(d)(1)(D) or (E) of the
act.
I.
"Baseline actual
emissions" means the rate of emissions, in tons per year, of a regulated
NSR pollutant, as determined in accordance with Paragraphs (1)-(4) of
Subsection I of 20.11.61.7 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 non-compliant
emissions that occurred while the source was operating above an emission
limitation that was legally enforceable during the consecutive 24-month
period.
(c) For a regulated NSR
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 NSR 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 I of 20.11.61.7
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 20.11.61 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 non-compliant
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
40 CFR
51.165(a)(3)(ii)(G).
(d) For a regulated NSR 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 NSR 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 I of 20.11.61.7 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 PAL for a
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 I of 20.11.61.7 NMAC, for
other existing emissions units in accordance with the procedures contained in
Paragraph (2) of Subsection I of 20.11.61.7 NMAC, and for a new emissions unit
in accordance with the procedures contained in Paragraph (3) of Subsection I of
20.11.61.7 NMAC.
J.
"Baseline area"
(1) Means any
intrastate area (and every part thereof) designated as attainment or
unclassifiable under Section 107(d)(1)(A)(ii) or (iii) of the act in which the
major source or major modification establishing the minor source baseline date
would construct or would have an air quality impact for the pollutant for which
the baseline date is established, as follows: equal to or greater than one
microgram per cubic meter (1 µg/m3) (annual
average) for SO2, NO2 or
PM10; or equal to or greater than 0.3
µg/m3 (annual average) for
PM2.5.
(2)
Area redesignations under Section 107(d)(1)(A)(ii) or (iii) of the act cannot
intersect or be smaller than the area of impact of any major stationary source
or major modification which:
(a) establishes
a minor source baseline date; or
(b) is subject to
40 CFR
52.21 or under regulations approved pursuant
to
40 CFR
51.166, and would be constructed in the same
state as the state proposing the redesignation.
(3) Any baseline area established originally
for total suspended particulates (TSP) increments shall remain in effect and
shall apply for purposes of determining the amount of available
PM10 increments, except that such baseline area shall
not remain in effect if the department rescinds the corresponding minor source
baseline date in accordance with Paragraph (3) of Subsection MM of 20.11.61.7
NMAC.
K.
"Baseline concentration" means that ambient concentration level that
exists in the baseline area at the time of the applicable minor source baseline
date.
(1) A baseline concentration is
determined for each pollutant for which a minor source baseline date is
established and shall include:
(a) the actual
emissions representative of sources in existence on the applicable minor source
baseline date, except as provided in Paragraph (2) of Subsection K of
20.11.61.7 NMAC;
(b) the allowable
emissions of major stationary sources that commenced construction before the
major source baseline date, but were not in operation by the applicable minor
source baseline date.
(2) The following will not be included in the
baseline concentration and will affect the applicable maximum allowable
increase(s):
(a) actual emissions from any
major stationary source on which construction commenced after the major source
baseline date; and
(b) actual
emissions increases and decreases at any stationary source occurring after the
minor source baseline date.
L.
"Begin actual construction"
means, in general, the initiation of physical onsite 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 operation, this term
refers to those on-site activities, other than preparatory activities which
mark the initiation of the change.
M.
"Best available control technology
(BACT)" means an emissions limitation (including a visible emission
standard) based on the maximum degree of reduction for each regulated NSR
pollutant which would be emitted from any proposed major stationary source or
major modification, which the director 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 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 Parts 60 and 61. If
the director 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 best available
control technology. 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.
N.
"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"
(i.e., which have the same first two-digit code) as described in the standard
industrial classification (SIC) manual, 1972, as amended by the 1977 supplement
(U. S. government printing office stock numbers 4101-0066 and 003-005-00176 -0,
respectively) or any superseding SIC manual.
O.
"Class I area" means any
federal land that is classified or reclassified as "class I" as listed in
20.11.61.25 NMAC.
P.
"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.
Q.
"Complete" means, in reference to an application for a permit,
that the department has determined the application contains all of the
information necessary for processing the application. Designating an
application complete for purposes of permit processing does not preclude the
department from requesting or accepting any additional information.
R.
"Construction" means any
physical change or change in the method of operation (including fabrication,
erection, installation, demolition, or modification of an emissions unit) that
would result in a change in emissions.
S.
"Continuous emissions monitoring
system (CEMS)" means all of the equipment that may be required to meet
the data acquisition and availability requirements of 20.11.61 NMAC, to sample,
condition (if applicable), analyze, and provide a record of emissions on a
continuous basis.
T.
"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).
U.
"Continuous parameter monitoring
system (CPMS)" means all of the equipment necessary to meet the data
acquisition and availability requirements of 20.11.61 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, O2 or CO2
concentrations), and to record average operational parameter value(s) on a
continuous basis.
V.
"Department" means the city of Albuquerque, environmental health
department or its successor agency.
W.
"Director" means the
director of the city of Albuquerque, environmental health department or the
director of its successor agency.
X.
"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.
Y.
"Emissions unit" means any
part of a stationary source that emits or would have the potential to emit any
regulated NSR pollutant and includes an electric utility steam generating unit
as defined in 20.11.61.7 NMAC. For purposes of 20.11.61 NMAC, there are two
types of emissions units as follows:
(1) a
new emissions unit is any emissions unit that is (or will be) newly constructed
and that 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 Y of 20.11.61.7 NMAC. A replacement unit is an
existing unit.
Z.
"Federal land manager" means, with respect to any lands in the United
States, a federal level cabinet secretary of a federal level department (e.g.
interior department) with authority over such lands.
AA.
"Federally enforceable"
means all limitations and conditions which are enforceable by the
administrator, including:
(1) those
requirements developed pursuant to 40 CFR Parts 60 and 61;
(2) requirements within any applicable state
implementation plan (SIP);
(3) any
permit requirements established pursuant to
40 CFR
52.21; or
(4) under regulations approved pursuant to 40
CFR Part 51, Subpart I, including operating permits issued under an
EPA-approved program that expressly requires adherence to any permit issued
under such program.
BB.
"Fugitive emissions" means those emissions which could not
reasonably pass through a stack, chimney, vent, or other functionally
equivalent opening.
CC.
"Greenhouse gases" or "GHGs" means the air pollutant defined in §
86.1818-12(a) of Chapter I of Title 40 of the CFR, as the aggregate group of
six greenhouse gases: carbon dioxide, nitrous oxide, methane,
hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
DD.
"High terrain" means any
area having an elevation 900 feet or more above the base of a source's
stack.
EE.
"Indian governing
body" means the governing body of any tribe, band, or group of Indians
subject to the jurisdiction of the United States and recognized by the United
States as possessing power of self-government.
FF.
"Innovative control technology"
means any system of air pollution control that has not been adequately
demonstrated in practice, but would have a substantial likelihood of achieving
greater continuous emissions reduction than any control system in current
practice or achieving at least comparable reductions at lower cost in terms of
energy, economics, or non-air quality environmental impacts.
GG.
"Low terrain" means any
area other than high terrain.
HH.
"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 standard of
performance.
II.
"Major modification"
(1) Means any
physical change in or change in the method of operation of a major stationary
source that would result in: a significant emissions increase of a regulated
NSR pollutant; and 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 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 January 6, 1975, unless such change would be prohibited under any
federally enforceable permit condition which was established after January 6,
1975 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 would be prohibited under any
federally enforceable permit condition which was established after January 6,
1975, pursuant to
40 CFR
52.21 or under regulations approved pursuant
to 40 CFR Subpart I or
40 CFR
51.166;
(g) any change in ownership at a stationary
source;
(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 NAAQS during the project and after it is terminated;
(i) the installation or operation
of a permanent clean coal technology demonstration project that constitutes
repowering, provided that the project does not result in an increase in the
potential to emit of any regulated NSR pollutant emitted by the unit; this
exemption shall apply on a pollutant-by-pollutant basis; or
(j) the reactivation of a very clean
coal-fired electric utility steam generating unit.
(4) This definition shall not apply with
respect to a particular regulated NSR pollutant when the major stationary
source is complying with the requirements under 20.11.61.20 NMAC for a PAL for
that pollutant. Instead, the definition at Paragraph (8) of Subsection B of
20.11.61.20 NMAC shall apply.
JJ.
"Major source baseline date"
means:
(1) in the case of
PM10 and sulfur dioxide, January 6, 1975;
(2) in the case of nitrogen dioxide, February
8, 1988; and
(3) in the case of
PM2.5, October 20, 2010.
KK. "Major stationary source"
(1) means:
(a) any stationary source listed in Table 1
of 20.11.61.26 NMAC which emits, or has the potential to emit, 100 tons per
year or more of any regulated NSR pollutant;
(b) notwithstanding the stationary source
categories specified in Subparagraph (a) of Paragraph (1) of Subsection KK of
20.11.61.7 NMAC, any stationary source which emits, or has the potential to
emit, 250 tons per year or more of any regulated NSR pollutant; or
(c) any physical change that would occur at a
stationary source not otherwise qualifying under Subsection KK of 20.11.61.7
NMAC, as a major stationary source if the change would constitute a major
stationary source by itself.
(2) A major source that is major for volatile
organic compounds or oxides of nitrogen shall be considered major for
ozone.
(3) The fugitive emissions
of a stationary source shall not be included in determining whether it is a
major stationary source, unless the source belongs to one of the stationary
source categories found in Table 1 of 20.11.61.26 NMAC or any other stationary
source category which, as of August 7, 1980, is being regulated under Section
111 or 112 of the act.
LL.
"Mandatory federal class I area"
means any area identified in 40 CFR Part 81, Subpart D.
MM.
"Minor source baseline date"
means the earliest date after the trigger date on which a major
stationary source or major modification subject to
40 CFR
52.21, or to regulations approved pursuant to
40 CFR
51.166, submits a complete application under
the relevant regulations.
(1) The trigger
dates are:
(a) August 7, 1977, for
PM10 and sulfur dioxide; and
(b) February 8, 1988 for nitrogen dioxide;
and
(c) October 20, 2011, for
PM2.5.
(2) The baseline date is established for each
pollutant for which increments or other equivalent measures have been
established if:
(a) the area in which the
proposed major stationary source or major modification would construct is
designated as attainment or unclassifiable under Section 107(d)(1)(A)(ii) or
(iii) of the federal act for the pollutant on the date of its complete
application under
40 CFR
52.21 or under regulations approved pursuant
to
40 CFR
51.166; and
(b) in the case of a major stationary source,
the pollutant would be emitted in significant amounts, or in the case of a
major modification, there would be a significant net emissions increase of the
pollutant.
(3) Any minor
source baseline date established originally for the TSP increments shall remain
in effect and shall apply for purposes of determining the amount of available
PM10 increments, except that the department may rescind
any such minor source baseline date where it can be shown, to the director's
satisfaction that, either the emissions increase from the major stationary
source, or the net emissions increase from the major modification, responsible
for triggering that date did not result in a significant amount of
PM10 emissions.
NN.
"Natural conditions"
includes naturally occurring phenomena that reduce visibility as
measured in terms of visual range, contrast or coloration.
OO.
"Necessary preconstruction
approvals or permits" mean 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 New Mexico state implementation
plan.
PP.
"Net emissions
increase"
(1) Means, that with respect
to any regulated NSR 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 D of 20.11.61.11 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 shall be
determined as provided in Subsection I of 20.11.61.7 NMAC, except that
Subparagraph (c) of Paragraph (1) and Subparagraph (d) of Paragraph (2) of
Subsection I of 20.11.61.7 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 between:
(a) the date five years
prior to the commencement of construction on the particular change;
and
(b) 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
51.166, which permit is in effect when the
increase in actual emissions from the particular change occurs; and
(c) the increase or decrease in emissions did
not occur at a clean unit, as defined in
40 CFR
51.166(b)(3)(iii)(c) and
Federal Register Vol. 76 No. 61, 3/30/11, p. 17554.
(d) As it pertains to an increase or decrease
in fugitive emissions (to the extent quantifiable), it occurs at an emissions
unit that is part of one of the source categories listed in Paragraph (3) of
Subsection KK of 20.11.61.7 NMAC or it occurs at an emission unit that is
located at a major stationary source that belongs to one of the listed source
categories. Fugitive emission increases or decreases are not included for those
emissions units located at a facility whose primary activity is not represented
by one of the source categories listed in Paragraph (3) of Subsection KK of
20.11.61.7 NMAC and that are not, by themselves, part of a listed source
category.
(4) An
increase or decrease in actual emissions of sulfur dioxide, particulate matter,
or oxides of nitrogen that occurs before the applicable minor source baseline
date is creditable only if it is required to be considered in calculating the
amount of maximum allowable increases remaining available.
(5) An increase in actual emissions is
creditable only to the extent that the new level of actual emissions exceeds
the old level.
(6) 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; and
(c) it has approximately the same qualitative
significance for public health and welfare as that attributed to the increase
from the particular change; and
(7) 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.
(8) Paragraph (2) of Subsection B of
20.11.61.7 NMAC shall not apply for determining creditable increases and
decreases.
QQ.
"Nonattainment area" means an area which has been designated under
Section 107 of the act as nonattainment for one or more of the NAAQS by
EPA.
RR.
"Portable
stationary source" means a source which can be relocated to another
operating site with limited dismantling and reassembly.
SS.
"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 pollutant 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 if the limitations or the effect the limitation would have on emissions
is federally enforceable. Secondary emissions do not count in determining the
potential to emit of a stationary source.
TT.
"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, O2 or CO2
concentrations), and calculate and record the mass emissions rate (for example,
lb/hr) on a continuous basis.
UU.
"Project" means a physical change in, or change in method of
operation of, an existing major stationary source.
VV.
"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 NSR 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 that regulated NSR 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 (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 an approved SIP; 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 I of
20.11.61.7 NMAC and that are also unrelated to the particular project,
including any increased utilization due to product demand growth; or
(3) in lieu of using the method
set out in Subparagraphs (a)-(c) of Paragraph (2) of Subsection VV of
20.11.61.7 NMAC, may elect to use the emissions unit's potential to emit in
tons per year.
WW.
"Regulated new source review pollutant" or "regulated NSR pollutant"
means the following:
(1) any pollutant
for which a NAAQS has been promulgated; this includes, but is not limited to
the following:
(a)
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, such condensable particulate matter shall be accounted for in
applicability determinations and in establishing emissions limitations for
PM2.5 and PM10 in PSD 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
40 CFR
51.166 unless the applicable implementation
plan required condensable particulate matter to be included;
(b) any pollutant identified under
Subparagraph (b) of Paragraph (1) of Subsection WW of 20.11.61.7 NMAC as a
constituent or precursor to a pollutant for which a NAAQS has been promulgated;
precursors identified by the administrator for purposes of NSR are the
following:
(i) volatile organic compounds and
nitrogen oxides are precursors to ozone in all attainment and unclassifiable
areas;
(ii) sulfur dioxide is a
precursor to PM2.5 in all attainment and unclassifiable
areas;
(iii) nitrogen oxides are
presumed to be precursors to PM2.5 in all attainment and
unclassifiable 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 PM
2.5 concentrations;
(iv) volatile organic compounds are presumed
not to be precursors to PM2.5 in any attainment or
unclassifiable area, unless the state demonstrates to the administrator's
satisfaction or EPA demonstrates that emissions of volatile organic compounds
from sources in a specific area are a significant contributor to that area's
ambient PM2.5 concentrations;
(2) any pollutant that is subject
to any standard promulgated under Section 111 of the act;
(3) any class I or II substance subject to a
standard promulgated under or established by Title VI of the act;
(4) any pollutant that otherwise is "subject
to regulation" under the act as defined in Subsection CCC of 20.11.61.7
NMAC;
(5) notwithstanding
Paragraphs (1) through (4) of Subsection WW of 20.11.61.7 NMAC, the term
"regulated NSR pollutant" shall not include any or all hazardous air pollutants
either listed in Section 112 of the act, or added to the list pursuant to
Section 112(b)(2) of the act, and which have not been delisted pursuant to
Section 112(b)(3) of the act, unless the listed hazardous air pollutant is also
regulated as a constituent or precursor of a general pollutant listed under
Section 108 of the act;
(6)
particulate matter (PM) emissions, 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 PM, PM2.5 and
PM10 in PSD permits; compliance with emissions
limitations for PM, 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 20.11.61 NMAC unless the applicable implementation
plan required condensable particulate matter to be included.
XX.
"Replacement unit"
means an emission unit for which all of the following criteria 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 change 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.
YY.
"Secondary emissions" means
emissions which 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
40 CFR
51.166, secondary emissions must be specific,
well defined, quantifiable, and impact the same general areas 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.
ZZ.
"Significant" means:
(1) in reference
to a net emissions increase or the potential of a source to emit any of the
pollutants listed in Table 2 of 20.11.61.27 NMAC, a rate of emissions that
would equal or exceed any of the corresponding emission rates listed in Table 2
of 20.11.61.27 NMAC;
(2) in
reference to a net emissions increase or the potential of a source to emit a
regulated NSR pollutant that Paragraph (1) of Subsection ZZ of 20.11.61.7 NMAC,
does not list, any emissions rate; and
(3) notwithstanding Paragraph (1) of
Subsection ZZ of 20.11.61.7 NMAC, any emissions rate or any net emissions
increase associated with a major stationary source or major modification, which
would construct within 10 kilometers of a class I area, and have an impact on
such area equal to or greater than 1 µg/m3
(24-hour average).
AAA.
"Significant emissions increase"
means, for a regulated NSR pollutant, an increase in emissions that is
significant for that pollutant.
BBB.
"Stationary source" means
any building, structure, facility, or installation which emits, or may emit,
any regulated NSR pollutant.
CCC.
"Subject to regulation" means, for any air pollutant, that the
pollutant is subject to either a provision in the Clean Air Act, or a
nationally-applicable regulation codified by the administrator in Subchapter C
of Chapter I of Title 40 of the CFR, that requires actual control of the
quantity of emissions of that pollutant, and that such a control requirement
has taken effect and is operative to control, limit or restrict the quantity of
emissions of that pollutant released from the regulated activity. Except that:
(1) Greenhouse gases (GHGs) shall not be
subject to regulation except as provided in Paragraphs (4) and (5) of
Subsection CCC of 20.11.61.7 NMAC and shall not be subject to regulation if the
stationary source maintains its total source-wide emissions below the GHG PAL
level, meets the requirements in 20.11.61.20 NMAC, and complies with the PAL
permit containing the GHG PAL.
(2)
For purposes of Paragraphs (3) through (5) of Subsection CCC of 20.11.61.7
NMAC, the term "tpy CO2 equivalent emissions
(CO2e)" shall represent an amount of GHGs emitted, and
shall be computed as follows:
(a) multiplying
the mass amount of emissions (tpy), for each of the six greenhouse gases in the
pollutant GHGs, by the gas's associated global warming potential published at
Table A-1 to subpart A of Part 98 of Chapter I of Title 40 of the CFR -
Global Warming Potentials;
(b) sum the resultant value from Subparagraph
(a) of Paragraph (2) of Subsection CCC of 20.11.61.7 NMAC for each gas to
compute a tpy CO2e.
(3) The term "emissions increase" as used in
Paragraphs (4) and (5) of Subsection CCC of 20.11.61.7 NMAC, shall mean that
both a significant emissions increase (as calculated using the procedures in
Subsection D of 20.11.61.11 NMAC) and a significant net emissions increase (as
defined in Subsection PP of 20.11.61.7 NMAC and Subsection ZZ of 20.11.61.7
NMAC) occur. For the pollutant GHGs, an emissions increase shall be based on
tpy CO2e, and shall be calculated assuming the pollutant
GHGs is a regulated NSR pollutant, and "significant" is defined as 75,000 tpy
CO2e instead of applying the value in Table 2 of
20.11.61.27 NMAC.
(4) Beginning
January 2, 2011, the pollutant GHGs is subject to regulation if:
(a) the stationary source is a new major
stationary source for a regulated NSR pollutant that is not GHGs, and also will
emit or will have the potential to emit 75,000 tpy CO2e
or more; or
(b) the stationary
source is an existing major stationary source for a regulated NSR pollutant
that is not GHGs, and also will have an emissions increase of a regulated NSR
pollutant, and an emissions increase of 75,000 tpy CO2e
or more; and,
(5)
beginning July 1, 2011, in addition to the provisions in Paragraph (4) of
Subsection CCC of 20.11.61.7 NMAC, the pollutant GHGs shall also be subject to
regulation:
(a) at a new stationary source
that will emit or have the potential to emit 100,000 tpy
CO2e; or
(b)
at an existing stationary source that emits or has the potential to emit
100,000 tpy CO2e, when such stationary source undertakes
a physical change or change in the method of operation that will result in an
emissions increase of 75,000 tpy CO2e or more.
DDD.
"Temporary
source" means a stationary source which changes its location or ceases
to exist within two years from the date of initial start of
operations.
EEE.
"Visibility
impairment" means any humanly perceptible change in visibility (visual
range, contrast, coloration) from that which would have existed under natural
conditions.
FFF.
"Volatile
organic compound (VOC)" means any compound of carbon, excluding carbon
monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and
ammonium carbonate, which participates in atmospheric photochemical reactions;
this includes any such organic compound other than those which the
administrator designates as having negligible photochemical reactivity under
40
CFR
51.100(s).
