Current through Register Vol. 35, No. 18, September 24, 2024
In addition to the terms defined in 20.2.2 NMAC
(definitions), as used in this part the following definitions shall
apply.
A. "Acid rain source" has the
meaning given to "affected source" in the regulations promulgated under Title
IV of the federal act, and includes all sources subject to Title IV of the
federal act.
B. "Affected programs"
means all states, local air pollution control programs, and Indian tribes and
pueblos, that are within 50 miles of the source.
C. "Air pollutant" means an air pollution
agent or combination of such agents, including any physical, chemical,
biological, radioactive (including source material, special nuclear material,
and byproduct material) substance or matter which is emitted into or otherwise
enters the ambient air. Such term includes any precursors to the formation of
any air pollutant, to the extent the administrator has identified such
precursor or precursors for the particular purpose for which the term "air
pollutant" is used. This excludes water vapor, nitrogen (N2), oxygen (O2), and
ethane.
D. "Air pollution control
equipment" means any device, equipment, process or combination thereof, the
operation of which would limit, capture, reduce, confine, or otherwise control
regulated air pollutants or convert for the purposes of control any regulated
air pollutant to another form, another chemical or another physical state. This
includes, but is not limited to, sulfur recovery units, acid plants, baghouses,
precipitators, scrubbers, cyclones, water sprays, enclosures, catalytic
converters, and steam or water injection.
E. "Applicable requirement" means all of the
following, as they apply to a Part 70 source or to an emissions unit at a Part
70 source (including requirements that have been promulgated or approved by the
board or US EPA through rulemaking at the time of permit issuance but have
future-effective compliance dates).
(1) Any
standard or other requirement provided for in the New Mexico state
implementation plan approved by US EPA, or promulgated by US EPA through
rulemaking, under Title I of the federal act to implement the relevant
requirements of the federal act, including any revisions to that plan
promulgated in 40 CFR, Part 52.
(2)
Any term or condition of any preconstruction permit issued pursuant to
regulations approved or promulgated through rulemaking under Title I, including
Parts C or D, of the federal act, unless that term or condition is determined
by the department to be no longer pertinent.
(3) Any standard or other requirement under
Section 111 of the federal act, including Section 111(d).
(4) Any standard or other requirement under
Section 112 of the federal act, including any requirement concerning accident
prevention under Section 112(r)(7) of the federal act.
(5) Any standard or other requirement of the
acid rain program under Title IV of the federal act or the regulations
promulgated thereunder.
(6) Any
requirements established pursuant to Section 504(b) or Section 114(a)(3) of the
federal act.
(7) Any standard or
other requirement governing solid waste incineration under Section 129 of the
federal act.
(8) Any standard or
other requirement for consumer and commercial products under Section 183(e) of
the federal act.
(9) Any standard
or other requirement for tank vessels under Section 183(f) of the federal
act.
(10) Any standard or other
requirement of the regulations promulgated to protect stratospheric ozone under
Title VI of the federal act, unless the administrator has determined that such
requirements need not be contained in a Title V permit.
(11) Any national ambient air quality
standard.
(12) Any increment or
visibility requirement under Part C of Title I of the federal act, but only as
it would apply to temporary sources permitted pursuant to Section 504(e) of the
federal act.
(13) Any regulation
adopted by the board pursuant to the New Mexico Air Quality Control Act,
Section 74-2-5(B) NMSA 1978.
F. "CFR" means the Code of Federal
Regulations.
G. "Draft permit"
means a version of a permit which the department offers for public
participation or affected program review.
H. "Emission limitation" means a requirement
established by US EPA, the board, or the department, that limits the quantity,
rate or concentration, or combination thereof, of emissions of regulated air
pollutants on a continuous basis, including any requirements relating to the
operation or maintenance of a source to assure continuous reduction.
I. "Emissions allowable under the permit"
means:
(1) any state or federally enforceable
permit term or condition that establishes an emission limit (including a work
practice standard) requested by the applicant and approved by the department or
determined at issuance or renewal to be required by an applicable requirement;
or
(2) any federally enforceable
emissions cap that the permittee has assumed to avoid an applicable requirement
to which the source would otherwise be subject.
J. "Emissions unit" means any part or
activity of a stationary source that emits or has the potential to emit any
regulated air pollutant or any air pollutant listed pursuant to Section 112(b)
of the federal act. This term is not meant to alter or affect the definition of
the term "unit" for purposes of Title IV of the federal act.
K. Federally enforceable" means all
limitations and conditions which are enforceable by the administrator,
including those requirements developed pursuant to 40 CFR Parts 60 and 61,
requirements within the New Mexico state implementation plan, and any permit
requirements established pursuant to
40 CFR
52.21 or under regulations approved pursuant
to 40 CFR Part 51, Subpart I, including
40 CFR 51.165
and
40 CFR
51.166.
L. "Final permit" means the version of an
operating permit issued by the department that has met all review requirements
of 20.2.70.400 NMAC - 20.2.70.499 NMAC.
M. "Fugitive emissions" are those emissions
which could not reasonably pass through a stack, chimney, vent, or other
functionally-equivalent opening.
N.
"General permit" means an operating permit that meets the requirements of
20.2.70.303 NMAC.
O. "Greenhouse
gas" for the purpose of this part is defined as the aggregate group of the
following six gases: carbon dioxide, nitrous oxide, methane,
hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
P. "Hazardous air pollutant" means an air
contaminant that has been classified as a hazardous air pollutant pursuant to
the federal act.
Q. "Insignificant
activities" means those activities which have been listed by the department and
approved by the administrator as insignificant on the basis of size, emissions
or production rate.
R. "Major
source" means any stationary source (or any group of stationary sources that
are located on one or more contiguous or adjacent properties, and are under
common control of the same person(s)) in which all of the pollutant emitting
activities at such source belong to the same major group (i.e., all have the
same two-digit code), as described in the standard industrial classification
manual, 1987, and that is described in Paragraphs (1), (2) or (3) below.
(1) A major source under Section 112 of the
federal act, which is defined as the following.
(a) For pollutants other than radionuclides,
any stationary source or group of stationary sources located within a
contiguous area and under common control that emits or has the potential to
emit, in the aggregate, 10 tons or more per year of any hazardous air pollutant
which has been listed pursuant to Section 112 (b) of the federal act, 25 or
more tons per year of any combination of such hazardous air pollutants
(including any major source of fugitive emissions of any such pollutant, as
determined by rule by the administrator), or such lesser quantity as the
administrator may establish by rule. Notwithstanding the preceding sentence,
hazardous emissions from any oil or gas exploration or production well (with
its associated equipment) and hazardous emissions from any pipeline compressor
or pump station shall not be aggregated with hazardous emissions from other
similar units, whether or not such units are in a contiguous area or under
common control, to determine whether such units or stations are major
sources.
(b) For radionuclides,
"major source" shall have the meaning specified by the administrator by
rule.
(2) A major
stationary source of air pollutants that directly emits or has the potential to
emit, 100 or more tons per year of any air pollutant subject to regulation
(including any major source of fugitive emissions of any such pollutant, as
determined by rule by the administrator). The fugitive emissions of a
stationary source shall not be considered in determining whether it is a major
stationary source for the purposes of this paragraph, unless the source belongs
to one of the following categories of stationary sources:
(a) coal cleaning plants (with thermal
dryers);
(b) kraft pulp
mills;
(c) portland cement
plants;
(d) primary zinc
smelters;
(e) iron and steel
mills;
(f) primary aluminum ore
reduction plants;
(g) primary
copper smelters;
(h) municipal
incinerators capable of charging more than 250 tons of refuse per
day;
(i) hydrofluoric, sulfuric, or
nitric acid plants;
(j) petroleum
refineries;
(k) lime
plants;
(l) phosphate rock
processing plants;
(m) coke oven
batteries;
(n) sulfur recovery
plants;
(o) carbon black plants
(furnace process);
(p) primary lead
smelters;
(q) fuel conversion
plant;
(r) sintering
plants;
(s) secondary metal
production plants;
(t) chemical
process plants;
(u) fossil-fuel
boilers (or combination thereof) totaling more than 250 million British thermal
units per hour heat input;
(v)
petroleum storage and transfer units with a total storage capacity exceeding
300,000 barrels;
(w) taconite ore
processing plants;
(x) glass fiber
processing plants;
(y) charcoal
production plants;
(z) fossil
fuel-fired steam electric plants of more than 250 million British thermal units
per hour heat input;
(aa) any other
stationary source category, which as of August 7, 1980 is being regulated under
Section 111 or 112 of the federal act.
(3) A major stationary source as defined in
Part D of Title I of the federal act, including:
(a) for ozone non-attainment areas, sources
with the potential to emit 100 tons or more per year of volatile organic
compounds or nitrogen oxides in areas classified as "marginal" or "moderate,"
50 tons or more per year in areas classified as "serious," 25 tons or more per
year in areas classified as "severe," and 10 tons or more per year in areas
classified as "extreme"; except that the references in this paragraph to 100,
50, 25, and 10 tons per year of nitrogen oxides shall not apply with respect to
any source for which the administrator has made a finding, under Section
182(f)(1) or (2) of the federal act, that requirements under Section 182(f) of
the federal act do not apply;
(b)
for ozone transport regions established pursuant to Section 184 of the federal
act, sources with the potential to emit 50 tons or more per year of volatile
organic compounds;
(c) for carbon
monoxide non-attainment areas (1) that are classified as "serious," and (2) in
which stationary sources contribute significantly to carbon monoxide levels as
determined under rules issued by the administrator, sources with the potential
to emit 50 tons or more per year of carbon monoxide; and
(d) for particulate matter (PM10)
non-attainment areas classified as "serious," sources with the potential to
emit 70 tons or more per year of PM10.
S. "Operating permit" or "permit" (unless the
context suggests otherwise) means any permit or group of permits covering a
source that is issued, renewed, modified or revised pursuant to this
part.
T. "Operator" means the
person or persons responsible for the overall operation of a
facility.
U. "Owner" means the
person or persons who own a facility or part of a facility.
V. "Part" means an air quality control
regulation under Title 20, Chapter 2 of the New Mexico Administrative Code,
unless otherwise noted; as adopted or amended by the board.
W. "Part 70 source" means any source subject
to the permitting requirements of this part, as provided in 20.2.70.200 NMAC -
20.2.70.299 NMAC.
X. "Permit
modification" means a revision to an operating permit that meets the
requirements of significant permit modifications, minor permit modifications,
or administrative permit amendments, as defined in 20.2.70.404 NMAC.
Y. "Permittee" means the owner, operator or
responsible official at a permitted Part 70 source, as identified in any permit
application or modification.
Z.
"Portable source" means any plant that is mounted on any chassis or skids and
which can be moved by the application of a lifting or pulling force. In
addition, there shall be no cable, chain, turnbuckle, bolt or other means
(except electrical connections) by which any piece of equipment is attached or
clamped to any anchor, slab, or structure, including bedrock, that must be
removed prior to the application of a lifting or pulling force for the purpose
of transporting the unit. Portable sources may include sand and gravel plants,
rock crushers, asphalt plants and concrete batch plants which meet this
criteria.
AA. "Potential to emit"
means the maximum capacity of a stationary source to emit any air pollutant
under its physical and operational design. Any physical or operational
limitation on the capacity of a source to emit an air pollutant, including air
pollution 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 limitation is federally enforceable. The potential to
emit for nitrogen dioxide shall be based on total oxides of nitrogen.
AB. "Proposed permit" means the version of a
permit that the department proposes to issue and forwards to the administrator
for review in compliance with 20.2.70.402 NMAC.
AC. "Regulated air pollutant" means the
following:
(1) nitrogen oxides, total
suspended particulate matter, or any volatile organic compounds;
(2) any pollutant for which a national
ambient air quality standard has been promulgated;
(3) any pollutant that is subject to any
standard promulgated under Section 111 of the federal act;
(4) any class I or II substance subject to
any standard promulgated under or established by Title VI of the federal
act;
(5) any pollutant subject to a
standard promulgated under Section 112 or any other requirements established
under Section 112 of the federal act, including Sections 112(g), (j), and (r),
including the following;
(a) any pollutant
subject to requirements under Section 112(j) of the federal act; if the
administrator fails to promulgate a standard by the date established pursuant
to Section 112(e) of the federal act, any pollutant for which a subject source
would be a major shall be considered to be regulated on the date 18 months
after the applicable date established pursuant to Section 112(e) of the federal
act; and
(b) any pollutant for
which the requirements of Section 112(g)(2) of the federal act have been met,
but only with respect to the individual source subject to a Section 112(g)(2)
requirement; or
(6) any
other pollutant subject to regulation as defined in Subsection AL of this
section.
AD. "Renewal"
means the process by which a permit is reissued at the end of its
term.
AE. "Responsible official"
means one of the following.
(1) For a
corporation: a president, secretary, treasurer, or vice-president of the
corporation in charge of a principal business function, or any other person who
performs similar policy or decision-making functions for the corporation, or a
duly authorized representative of such person if the representative is
responsible for the overall operation of one or more manufacturing, production,
or operating facilities applying for or subject to a permit and either a) the
facilities employ more than 250 persons or have gross annual sales or
expenditures exceeding $25 million (in second quarter 1980 dollars), or b) the
delegation of authority to such representative is approved in advance by the
department.
(2) For a partnership
or sole proprietorship: a general partner or the proprietor,
respectively.
(3) For a
municipality, state, federal or other public agency: either a principal
executive officer or ranking elected official. For the purposes of this part, a
principal executive officer of a federal agency includes the chief executive
officer having responsibility for the overall operations of a principal
geographic unit of the agency (e.g., a regional administrator of US
EPA).
(4) For an acid rain source:
the designated representative (as defined in Section 402(26) of the federal
act) in so far as actions, standards, requirements, or prohibitions under Title
IV of the federal act or the regulations promulgated thereunder are concerned,
and for any other purposes under 40 CFR, Part 70.
AF. "Section 502(b)(10) changes" are changes
that contravene an express permit term. Such changes do not include changes
that would violate applicable requirements or contravene permit terms and
conditions that are monitoring (including test methods), recordkeeping,
reporting, or compliance certification requirements.
AG.
"Shutdown" means the
cessation of operation of any air pollution control equipment, process
equipment or process for any purpose.
AH. "Solid waste incineration unit" means a
distinct operating unit of any facility which combusts any solid waste material
from commercial or industrial establishments or the general public (including
single and multiple residences, hotels, and motels). The term "solid waste
incineration unit" does not include:
(1)
incinerators or other units required to have a permit under Section 3005 of the
federal Solid Waste Disposal Act;
(2) materials recovery facilities (including
primary or secondary smelters) which combust waste for the primary purpose of
recovering metals;
(3) qualifying
small power production facilities, as defined in Section 3(17)(C) of the
Federal Power Act (
16
U.S.C. 796(17)(C)) , or
qualifying cogeneration facilities, as defined in Section 3(18)(B) of the
Federal Power Act (
16
U.S.C. 796(18)(B)) , which
burn homogeneous waste (such as units which burn tires or used oil, but not
including refuse-derived fuel) for the production of electric energy or in the
case of qualifying cogeneration facilities which burn homogeneous waste for the
production of electric energy and steam or forms of useful energy (such as
heat) which are used for industrial, commercial, heating or cooling purposes;
or
(4) air curtain incinerators,
provided that such incinerators only burn wood wastes, yard wastes and clean
lumber and that such air curtain incinerators comply with opacity limitations
established by the administrator by rule.
AI. "Startup" means the setting into
operation of any air pollution control equipment, process equipment or process
for any purpose.
AJ. "Stationary
source" or "source" means any building, structure, facility, or installation,
or any combination thereof that emits or may emit any regulated air pollutant
or any pollutant listed under Section 112(b) of the federal act.
AK. "Subsidiary" means a business concern
which is owned or controlled by, or is a partner of, the applicant or
permittee.
AL. "Subject to
regulation" means, for any air pollutant, that the pollutant is subject to
either a provision in the act, or a nationally-applicable regulation codified
by the administrator in subchapter C of 40 CFR Chapter I, 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, unless, as of July 1, 2011, the GHG
emissions are at a stationary source emitting or having the potential to emit
100,000 tons per year CO2e equivalent
emissions;
(2) the term "tons per
year CO2e equivalent emissions"
(CO2e) shall represent the aggregate amount of GHGs
emitted by the regulated activity, and shall be computed by multiplying the
mass amount of emissions (tons per year), 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 40 CFR part 98 - Global Warming
Potentials, and summing the resultant value for each gas; for purposes of this
paragraph, prior to July 21, 2014, the mass of the greenhouse gas carbon
dioxide shall not include carbon dioxide emissions resulting from the
combustion or decomposition of non-fossilized and biodegradable organic
material originating from plants, animals, or micro-organisms (including
products, by-products, residues and waste from agriculture, forestry and
related industries as well as the non-fossilized and biodegradable organic
fractions of industrial and municipal wastes, including gases and liquids
recovered from the decomposition of non-fossilized and biodegradable organic
material);
(3) if a federal court
stays, invalidates or otherwise renders unenforceable by the US EPA, in whole
or in part, the prevention of significant deterioration and Title V greenhouse
gas tailoring rule (75 FR 31514, June 3, 2010), the definition "subject to
regulation" shall be enforceable by the department only to the extent that it
is enforceable by US EPA.
AM. "Temporary source" means any plant that
is situated in one location for a period of less than one year, after which it
will be dismantled and removed from its current site or relocated to a new
site. A temporary source may be semi-permanent, which means that is does not
have to meet the requirements of a portable source. Temporary sources may
include well head compressors which meet this criteria.
AN. "Title I modification" means any
modification under Sections 111 or 112 of the federal act and any physical
change or change in method of operations that is subject to the preconstruction
regulations promulgated under Parts C and D of the federal act.
