Current through Register Vol. 35, No. 18, September 24, 2024
Terms used but not defined in this part shall have the
meaning given them by 20.2.2 NMAC (Definitions) (formerly AQCR 100). As used in
this part the following definitions shall apply.
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 new source review pollutant from an emissions unit,
as determined in accordance with Paragraphs (2) through (4) of this subsection.
(1) This definition shall not apply for
calculating whether a significant emissions increase has occurred, or for
establishing a PAL under 20.2.74.320 NMAC. Instead, Subsections G and AR of
this section 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 class I federal 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 class I
federal 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. "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.
F.
"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
national ambient air quality standard for such pollutant, and is so designated
under Section 107 (d) (1) (D) or (E) of the act.
G. "Baseline actual emissions" means the rate
of emissions, in tons per year, of a regulated new source review pollutant, as
determined in accordance with the following.
(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 5-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 new
source review 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 new source review
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 this
paragraph.
(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 this part 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 new source review
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 new source review
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 this
paragraph.
(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 this subsection, for other existing emissions units in accordance with
the procedures contained in Paragraph (2) of this subsection, and for a new
emissions unit in accordance with the procedures contained in Paragraph (3) of
this subsection.
H.
"Baseline area" means all lands designated as attainment or unclassifiable 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 (annual average) for sulfur dioxide,
nitrogen dioxide, or PM10; or equal or greater than 0.3
microgram per cubic meter (annual average) for PM2.5.
The major source or major modification establishes the minor source baseline
date (see the definition "minor source baseline date" in this part). Lands are
designated as attainment or unclassifiable under Section 107(d)(1) (A)(ii) or
(iii) of the act within each federal air quality control region in the state of
New Mexico. Any baseline area established originally for TSP (total suspended
particulates) increments shall remain in effect and shall apply for purposes of
determining the amount of available PM10 increments. A
TSP baseline area shall not remain in effect if the department rescinds the
corresponding minor source baseline date (see "minor source baseline date" in
this part).
I. "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, as
defined in this section, representative of sources in existence on the
applicable minor source baseline date, except as provided in Paragraph (2) of
this subsection;
(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, as defined
in this section, from any major stationary source on which construction
commenced after the major source baseline date; and
(b) actual emissions increases and decreases,
as defined in Subsection B of this section, at any stationary source occurring
after the minor source baseline date.
J. "Begin actual construction" means, in
general, 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
underground pipework and construction of permanent storage structures. With
respect to a change in method of operations, this term refers to those on-site
activities other than preparatory activities which mark the initiation of the
change.
K. "Best available control
technology (BACT)" means an emissions limitation (including a visible emission
standard) based on the maximum degree of reduction for each regulated pollutant
which would be emitted from any proposed major stationary source or major
modification, which the secretary determines is achievable on a case-by-case
basis. This determination will take into account energy, environmental, and
economic impacts and other costs. The determination must be achievable for such
source or modification through application of production processes or available
methods, systems, and techniques, including fuel cleaning, clean fuels, or
treatment or innovative fuel combustion techniques for control of such
pollutants. 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 department
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.
L.
"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). 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.
M. "Class I federal area"
means any federal land that is classified or reclassified as "class I" as
described in 20.2.74.108 NMAC.
N.
"Commence" means, as applied to construction of a major stationary source or
major modification, that the owner or operator has all necessary
preconstruction approvals or permits and 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 and
complete, within a reasonable time, a program of actual construction.
O. "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.
P. "Continuous emissions monitoring system
(CEMS)" means all of the equipment that may be required to meet the data
acquisition and availability requirements of this section, to sample, condition
(if applicable), analyze, and provide a record of emissions on a continuous
basis.
Q. "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).
R.
"Continuous parameter monitoring system (CPMS)" means all of the equipment
necessary to meet the data acquisition and availability requirements of this
section, 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.
S. "Department" means the New Mexico
environment department.
T.
"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.
U. "Emissions unit" means
any part of a stationary source that emits or would have the potential to emit
any regulated new source review pollutant and includes an electric utility
steam generating unit as defined in this section. For purposes of this section,
there are two types of emissions units as described in the following.
(1) A new emissions unit is any emissions
unit that is (or will be) newly constructed and that has existed for less than
2 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 this
subsection. A replacement unit, as defined in this section, is an existing
unit.
V. "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 dept.) with
authority over such lands.
W.
"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;
(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
40 CFR 51.165
and
40 CFR
51.166.
X. "Fugitive emissions" means those emissions
which could not reasonably pass through a stack, chimney, vent, or other
functionally equivalent opening.
Y.
"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.
Z. "High terrain" means any area having an
elevation nine hundred (900) feet or more above the base of a source's
stack.
AA. "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.
AB. "Innovative control technology" means any
system of air pollution control that has not been adequately demonstrated in
practice. But such system 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.
AC. "Low terrain" means any area other than
high terrain.
AD. "Lowest
achievable emission rate" 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.
AE. "Major
modification" 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 (as defined in this section) of a regulated new source review
pollutant (as defined in this section); and a significant net emissions
increase of that pollutant from the major stationary source. Any significant
emissions increase (as defined in this section) from any emissions units or net
emissions increase (as defined in this section) at a major stationary source
that is significant for volatile organic compounds or nitrogen oxides shall be
considered significant for ozone.
(1) 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 51.165
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 which was established after January 6, 1975,
pursuant to
40 CFR
52.21 or under regulations approved pursuant
to
40 CFR 51.165
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 national ambient air quality standards 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 pollutant emitted by the unit; this
exemption shall apply on a pollutant-by-pollutant basis;
(j) the reactivation of a very clean
coal-fired electric utility steam generating unit.
(2) This definition shall not apply with
respect to a particular regulated new source review pollutant when the major
stationary source is complying with the requirements under 20.2.74.320 NMAC for
a PAL for that pollutant. Instead, the definition at Paragraph (8) of
Subsection B of 20.2.74.320 NMAC shall apply.
AF. "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.
AG.
"Major stationary source"
means the following.
(1) Any stationary
source listed in table 1 (20.2.74.501 NMAC) which emits, or has the potential
to emit, emissions equal to or greater than one hundred (100) tons per year of
any regulated new source review pollutant.
(2) Any stationary source not listed in table
1 (20.2.74.501 NMAC) and which emits or has the potential to emit two hundred
fifty (250) tons per year or more of any regulated new source review
pollutant.
(3) Any physical change
that would occur at a stationary source not otherwise qualifying under
Paragraphs (1) or (2) of this subsection if the change would constitute a major
stationary source by itself.
(4) A
major source that is major for volatile organic compounds or nitrogen oxides
shall be considered major for ozone.
(5) The fugitive emissions of a stationary
source shall not be included in determining for any of the purposes of this
section whether it is a major stationary source, unless the source belongs to
one of the stationary source categories found in Table 1 (20.2.74.501 NMAC) or
any other stationary source category which, as of August 7, 1980, is being
regulated under Section 111 or 112 of the act.
AH. "Mandatory class I federal area" means
any area identified in the Code of Federal Regulations (CFR), 40 CFR Part 81,
Subpart D. See 20.2.74.108 NMAC for a list of these areas in New
Mexico.
AI. "Minor source baseline
date" means the earliest date after the trigger date on which the owner or
operator of a major stationary source or major modification subject to
40 CFR
52.21 or to this part submits a complete
application under the relevant regulations.
(1) The trigger date is:
(a) in the case of
PM10 and sulfur dioxide, August 7, 1977;
(b) in the case of nitrogen dioxide, February
8, 1988; and
(c) in the case of
PM2.5, October 20, 2011.
(2) Any minor source baseline date
established originally for the TSP (total suspended particulates) increments
shall remain in effect and shall apply for purposes of determining the amount
of available PM-10 increments. The department may rescind any TSP minor source
baseline date where it can be shown, to the department 's satisfaction, that
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 PM-10 emissions.
AJ. "Natural conditions" includes naturally
occurring phenomena that reduce visibility as measured in terms of visual
range, contrast or coloration.
AK.
"Necessary preconstruction approvals or permits" means 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.
AL. "Net
emissions increase" means, with respect to any regulated new source review
pollutant emitted by a major stationary source, the following.
(1) 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
20.2.74.200 NMAC.
(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 under this
paragraph shall be determined as provided in Subsection G, except that
Subparagraph (c) of Paragraph (1) and Subparagraph (d) of Paragraph (2) of
Subsection G of this section shall not apply.
(2) An increase or decrease in actual
emissions is contemporaneous with the increase from the particular change only
if it occurs within the time period five years prior to the commencement of
construction on the particular change and 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 within the time period five
years prior to the commencement of construction on the particular change and
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 this
section, which permit is in effect when the increase in actual emissions from
the particular change occurs.
(4) An increase or decrease in actual
emissions of sulfur dioxide, particulate matter, or nitrogen oxides 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.
(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 this
section shall not apply for determining creditable increases and
decreases.
AM.
"Nonattainment area" means an area which has been designated under Section 107
of the federal Clean Air Act as nonattainment for one or more of the national
ambient air quality standards by EPA.
AN. "Portable stationary source" means a
source which can be relocated to another operating site with limited
dismantling and reassembly.
AO.
"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 it
would have on emissions is federally enforceable. Secondary emissions do not
count in determining the potential to emit of a stationary source.
AP. "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.
AQ. "Project" means a physical change in, or
change in method of operation of, an existing major stationary
source.
AR. "Projected actual
emissions" means the maximum annual rate, in tons per year, at which an
existing emissions unit is projected to emit a regulated new source review
pollutant in any one of the 5 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 new source review
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. In determining the projected actual emissions (before
beginning actual construction), the owner or operator of the major stationary
source:
(1) 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 the
approved plan; and
(2) shall
include fugitive emissions to the extent quantifiable and emissions associated
with startups, shutdowns, and malfunctions; and
(3) 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 G of this section and that are also
unrelated to the particular project, including any increased utilization due to
product demand growth; or,
(4) in
lieu of using the method set out in Paragraphs (1) through (3) of this
subsection, may elect to use the emissions unit's potential to emit, in tons
per year, as defined in Subsection AR of this section.
AS.
"Regulated new source review
pollutant", for purposes of this part, means the following:
(1) any pollutant for which a national
ambient air quality standard has been promulgated and any pollutant identified
under this paragraph (Paragraph (1) of Subsection AS of 20.2.74.7 NMAC) as a
constituent or precursor to such pollutant; precursors identified by the
administrator for purposes of NSR are the following:
(a) volatile organic compounds and nitrogen
oxides are precursors to ozone in all attainment and unclassifiable
areas;
(b) sulfur dioxide is a
precursor to PM2.5 in all attainment and unclassifiable
areas;
(c) 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
PM2.5 concentrations;
(d) 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; or
(4) any pollutant that otherwise is subject
to regulation under the act as defined in Subsection AZ of this section;
(5) notwithstanding Paragraphs (1)
through (4) of Subsection AS of this section, 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, 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 particular 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
particular matter shall not be considered in violation of this section unless
the applicable implementation plan required condensable particular matter to be
included.
AT.
"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.
AU. "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 this section, 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.
AV. "Secretary" means the cabinet level
secretary of the New Mexico environment department or his or her
successor.
AW. "Significant" means
in reference to a net emissions increase or the potential of a source to emit
air pollutants, a rate of emission that would equal or exceed any of the rates
listed in table 2 (20.2.74.502 NMAC).
AX. "Significant emissions increase" means,
for a regulated new source review pollutant, an increase in emissions that is
significant (as defined in Subsection AW of this section) for that
pollutant.
AY. "Stationary source"
means any building, structure, facility, or installation which emits, or may
emit, any regulated new source review pollutant.
AZ. "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 except as provided in paragraphs AZ(4) and (5) of this
section 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 20.2.74.320 NMAC, and complies with the PAL permit containing
the GHG PAL;
(2) for purposes of
Paragraphs (3) through (5) of Subsection AZ of this section, the term "tons per
year CO2 equivalent emissions
(CO2e)" shall represent an amount of GHGs emitted, and
shall be computed as follows:
(a) 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; for purposes of this subparagraph, 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);
(b) sum the resultant value from Subparagraph
(a) of Paragraph (2) of Subsection AZ of this section for each gas to compute a
tons per year CO2e;
(3) the term "emissions increase" as used in
Paragraphs (4) and (5) of Subsection AZ of this section shall mean that both a
significant emissions increase (as calculated using the procedures in
Subsection D of 20.2.74.200 NMAC) and a significant net emissions increase (as
defined in Subsections AL, AW and AX of 20.2.74.7 NMAC) occur; for the
pollutant GHGs, an emissions increase shall be based on tons per year
CO2e , and shall be calculated assuming the pollutant
GHGs is a regulated NSR pollutant, and "significant" is defined as 75,000 tons
per year CO2e instead of applying the value in table 2
of 20.2.74 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 tons per year
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 that is not
GHGs, and also will have an emissions increase of 75,000 tons per year
CO2e or more; and
(5) beginning July 1, 2011, in addition to
the provisions in Paragraph (4) of this subsection, 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 tons per
year CO2e ; or
(b) at an existing stationary source that
emits of has the potential to emit 100,000 tons per year
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 tons per year CO2e or more;
(6) 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.
BA. "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.
BB. "Visibility impairment" means any humanly
perceptible change in visibility (visual range, contrast, coloration) from that
which would have existed under natural conditions.
BC. "Volatile organic compound (VOC)" means
any organic compound which participates in atmospheric photochemical reactions;
that is, any organic compound other than those which the administrator
designates as having negligible photochemical reactivity.
