Current through Register Vol. 35, No. 18, September 24, 2024
A. The requirements
of this part apply to the construction of any new major stationary source (as
defined in 20.2.74.7 NMAC) or any project at an existing major stationary
source in an area designated as attainment or unclassifiable.
B. The requirements of Sections 300 through
306, 400 and 403 of this part apply to the construction of any new major
stationary source or the major modification of any existing major stationary
source, except as this part otherwise provides.
C. No new major stationary source or major
modification to which the requirements of Subsections A, B, C and D of
20.2.74.300 NMAC, and Sections 301, 302, 303, 304, 305, 306, 400 and 403 of
this part apply shall begin actual construction without a permit that states
that the major stationary source or major modification will meet those
requirements.
D. Applicability
procedures.
(1) Except as otherwise provided
in Subsections E and F of this section, and consistent with the definition of
major modification contained in 20.2.74.7 NMAC, a project is a major
modification for a regulated new source review pollutant if it causes two types
of emissions increases - a significant emissions increase (as defined in
20.2.74.7 NMAC), and a significant net emissions increase (as defined in
Subsections AL and AX of 20.2.74.7 NMAC). The project is not a major
modification if it does not cause a significant emissions increase. If the
project causes a significant emissions increase, then the project is a major
modification only if it also results in a significant net emissions
increase.
(2) The procedure for
calculating (before beginning actual construction) whether a significant
emissions increase (i.e., the first step of the process) will occur depends
upon the type of emissions units being modified, according to Paragraphs (3)
through (4) of this subsection. The procedure for calculating (before beginning
actual construction) whether a significant net emissions increase will occur at
the major stationary source (i.e., the second step of the process) is contained
in the definition in 20.2.74.7 NMAC. Regardless of any such preconstruction
projections, a major modification results if the project causes a significant
emissions increase and a significant net emissions increase.
(3) Actual-to-projected-actual applicability
test for projects that involve existing emissions units. A significant
emissions increase of a regulated new source review pollutant is projected to
occur if the sum of the difference between the projected actual emissions (as
defined in 20.2.74.7 NMAC) and the baseline actual emissions (as defined in
Paragraphs (1) and (2) of Subsection G of 20.2.74.7 NMAC) for each existing
emissions unit, equals or exceeds the significant amount for that pollutant (as
defined in 20.2.74.7 NMAC).
(4)
Actual-to-potential test for projects that involve construction of a new
emissions unit(s). A significant emissions increase of a regulated new source
review pollutant is projected to occur if the sum of the difference between the
potential to emit (as defined in 20.2.74.7 NMAC) from each new emissions unit
following completion of the project and the baseline actual emissions (as
defined in Paragraph (3) of Subsection G of 20.2.74.7 NMAC) of these units
before the project equals or exceeds the significant amount for that pollutant
(as defined in 20.2.74.7 NMAC).
(5)
Hybrid test for projects that involve multiple types of emissions units. A
significant emissions increase of a regulated NSR pollutant is projected to
occur if the sum of the emissions increases for each emissions unit, using the
method specified in Paragraphs (3) and (4) of this subsection as applicable
with respect to each emissions unit, for each type of emissions unit equals or
exceeds the significant amount for that pollutant. For example, if a project
involves both an existing emissions unit and a new emissions unit, the
projected increase is determined by summing the values determined using the
method specified in Paragraph (3) of this subsection for the existing unit and
determined using the method specified in Paragraph (4) of this subsection for
the new unit.
E. For any
major stationary source for a PAL for a regulated new source review pollutant,
the major stationary source shall comply with requirements under 20.2.74.320
NMAC.
