Current through Register Vol. 35, No. 18, September 24, 2024
A. Any owner or
operator intending to construct or modify a source which requires a permit
under the provisions of 20.2.72.200 NMAC may elect to obtain a permit under
20.2.72.300 NMAC - 20.2.72.399 NMAC if the source category is listed in
20.2.72.501 NMAC.
B. 20.2.72.300
NMAC - 20.2.72.399 NMAC shall not apply to:
(1) Any "major stationary source" as defined
in 20.2.74 NMAC;
(2) Any facility,
either before or after construction or modification, with a total potential to
emit of any regulated air contaminant greater than 200 tons per year
(tpy);
(3) Any source subject to
the requirements of 20.2.78 NMAC or 20.2.72.400 NMAC - 20.2.72.499
NMAC;
(4) Any reciprocating
internal combustion (IC) engines and/or turbines located at petroleum
refineries, chemical manufacturing plants, bulk gasoline terminals, natural gas
processing plants, or at any facility containing sources in addition to IC
engines and/or turbines for which an air quality permit is required through
state or federal air quality regulations;
(5) Any source which emits or proposes to
emit those contaminants for which the impact area from the facility intersects
an area, or for which the area itself is:
1)
designated nonattainment for federal ambient air quality standards;
or
2) nonattainment for federal PSD
increments or state ambient air quality standards according to ambient data or
air quality modeling; or
3) shown
by air quality data or dispersion or other air quality modeling that air
contaminants have consumed more than 80% of state or federal ambient air
quality standards or PSD increments for those areas where the baseline has been
triggered for the specific PSD increments;
(6) Any source with the nearest property
boundary located less than:
(a) 1 kilometer
(km) from a school, residence, office building, or occupied structure.
Buildings and structures within the immediate industrial complex of the source
are not included.
(b) 3 km from the
property boundary of any state park, Class II wilderness area, Class II
national wildlife refuge, national historic park, state recreation area, or
community with a population of more than twenty-thousand people.
(c) 10 km from the boundary of any community
with a population of more than forty-thousand people, or
(d) 30 km from the boundary of any Class I
area;
(7) Any source
located in Bernalillo County or within 15 km of the Bernalillo County
line.
C. The following
sections and subsections of 20.2.72.200 NMAC - 20.2.72.299 NMAC apply to permit
applications submitted pursuant to 20.2.72.300 NMAC - 20.2.72.399 NMAC:
Subsections A, B and E through H of 20.2.72.200 NMAC, 20.2.72.202 NMAC,
20.2.72.204 NMAC, 20.2.72.205 NMAC, Subsection C of 20.2.72.206 NMAC,
Subsections D through G of 20.2.72.207 NMAC, 20.2.72.208 NMAC, 20.2.72.209
NMAC, 20.2.72.210 NMAC, 20.2.72.211 NMAC, 20.2.72.212 NMAC, 20.2.72.214 NMAC
and 20.2.72.215 NMAC. The remainder of 20.2.72.200 NMAC - 20.2.72.299 NMAC does
not apply to applications submitted pursuant to 20.2.72.300 NMAC - 20.2.72.399
NMAC.
D. Any source, including
compressor stations, consisting of IC engines and/or turbines must comply with
one of the following three criteria, Paragraph 1, 2, or 3 of Subsection D of
20.2.72.301 NMAC, in order to qualify for source class permit streamlining
under 20.2.72.300 NMAC - 20.2.72.399 NMAC (In demonstrating compliance with
Subsection D of 20.2.72.301 NMAC, the Department shall give no credit for
modeled reductions in ambient air concentrations due to so much of a source's
stack which exceeds good engineering stack height, or fifty (50) feet in
situations where there are not obstructions or buildings associated with the
source):
(1) The total potential to emit of
each regulated contaminant from all sources at the facility shall be less than
40 tpy. The potential to emit for nitrogen dioxide shall be based on total
oxides of nitrogen; or
(2) The
total potential to emit of each regulated contaminant from all emission sources
at the facility shall be less than 100 tons per year (tpy) and the impact on
ambient air from all sources at the facility shall be less than the ambient
significance levels in 20.2.72.500 NMAC, Table 1. The potential to emit for
nitrogen dioxide shall be based on total oxides of nitrogen expressed as
nitrogen dioxide; or
(3) The
maximum modeled ambient impact from the total potential emissions at the
facility shall be less than 50 percent of each applicable PSD increment, for
those areas where the baseline has been triggered for the specific PSD
increments, and state and federal ambient air quality standards; and
(a) There shall be no adjacent sources
emitting the same regulated air contaminant(s) as the source within 2.5 km of
the modeled nitrogen dioxide (NO2) impact area; and
(b) The "sum of the potential emissions for
oxides of nitrogen from all adjacent sources" (SUM) within 15 km of the NO2
impact area (SUM15) shall be less than 740 tpy; and
(c) The SUM25 within 25 km from the NO2
impact area shall be less than 1540 tpy.
(4) Modifications to the auxiliary emission
generating equipment at a facility qualifying and electing source class permit
streamlining may commence without obtaining a permit for such modification as
long as the total potential to emit of all auxiliary equipment remains at or
below 1.0 lb/hr for any one regulated air contaminant and as long as the total
potential to emit of each regulated air contaminant from the compressor station
meets the requirements of Paragraphs 1 or 2 of Subsection D of 20.2.72.301 NMAC
or previously qualified under Paragraph 3 of Subsection D of 20.2.72.301 NMAC.
The applicant shall provide, in writing, the nature of all changes to the
Department no later than 15 days prior to the expected change.
[Annotated Note: Section 20.2.72.202 - Permit Revisions,
which is referenced in Subsection C of this Section, was renumbered to Section
20.2.72.219 NMAC, effective 1/7/1998]
