Current through Register Vol. 35, No. 18, September 24, 2024
A. All the
requirements of 20.2.72.400 NMAC - 20.2.72.499 NMAC for toxic air pollutants
shall supplement other provisions of this Part (20.2.72 NMAC).
B. A permit must be obtained from the
Department by any person prior to the construction or modification of a new
source which has total potential emissions of a toxic air pollutant into the
ambient air that exceed the emission level in pounds per hour specified in
20.2.72.502 NMAC, and one or more of the following conditions are met:
(1) The toxic air pollutant is listed under
applicable primary and secondary SIC codes appropriate for the source in the US
EPA SIC/Pollutant Index (Appendix C of EPA-450/4-86-010); or
(2) The toxic air pollutant is known by the
owner or operator to be emitted into the ambient air because of:
(a) Information from material safety data
sheets and hazard labelling required under the OSHA Hazard Communications
Standard
29 CFR
1910.1200, or
(b) Information from reports required under
the Federal Emergency Planning and Community Right-to-Know Act of 1986, P.L.
99-499, Title III, Sections 300-330, or
(c) Other information reasonably available to
the owner or operator based on the source's obligations under other regulatory
programs; or
(3) The
toxic air pollutant is identified by the Department on or before the date the
application is determined to be complete, as likely to be emitted from a
source. The Department shall also provide the owner or operator a reasonable
basis to support the belief that the source will emit such toxic air
pollutant.
C. The
following classes of sources are exempt from the permitting requirements for
toxic air pollutants:
(1) Gasoline Service
Stations - SIC No. 5441
(2)
Automotive Repair Shops - SIC No. 753
(3) Laundry, Cleaning, and Garment Services -
SIC No. 721
(4) Domestic Woodstoves
and Fireplaces
(5) Oil and Gas
Production Facilities
(6)
Agricultural Production - Crops, SIC No. 01
(7) Agricultural Production - Livestock, SIC
No. 02
(8) Agricultural Services -
SIC No. 07
(9) Containers, such as
tanks, barrels, drums, cans and buckets, unless equipped with a vent that emits
or may emit any toxic air pollutant, which are used in connection with the
operation, maintenance or repair of a stationary source.
(10) Non-process fugitive emissions of toxic
air pollutants from stationary sources, such as construction sites, unpaved
roads, coal piles, tailings piles, waste piles, and fuel and ash handling
operations.
D. An
exemption or exclusion from the permitting requirements for toxic air
pollutants does not relieve a source from any other requirements in this Part
(20.2.72 NMAC).
