Current through Register Vol. 35, No. 6, March 26, 2024
A. Any person
constructing any new major stationary source or major modification shall obtain
a permit from the department in accordance with the requirements of this part
prior to the start of construction or modification if either of the following
conditions apply:
(1) the major stationary
source or major modification will be located within a nonattainment area so
designated pursuant to Section 107 of the federal Clean Air Act and will emit a
regulated pollutant for which it is major and which the area is designated
nonattainment for; or
(2) the major
stationary source or major modification will be located within an area
designated as attainment or unclassifiable for any national ambient air quality
standard pursuant to Section 107 of the federal Clean Air Act, when it would
cause or contribute to a violation of any national ambient air quality
standard. A major source or major modification will be considered to cause or
contribute to a violation of a national ambient air quality standard when such
source or modification would, at a minimum, exceed any of the significance
levels in Subsection A of
20.2.79.119
NMAC at any location that does not or would not meet the applicable national
standard. (See Subsection D of 20.2.79.109 NMAC).
B. The requirements of this part apply to
each regulated pollutant meeting the criteria of either Paragraph (1) or
Paragraph (2) of Subsection A of 20.2.79.109 NMAC.
C. For an area which is nonattainment for
ozone, volatile organic compounds and oxides of nitrogen are the regulated
pollutants which may make this part applicable under the provisions of
Paragraph (1) of Subsection A of 20.2.79.109 NMAC.
D. Other requirements.
(1) A new major stationary source or major
modification which meets the criteria of Paragraph (2) of Subsection A of
20.2.79.109 NMAC shall demonstrate that the source or modification will not
cause or contribute to a violation of any national ambient air quality standard
by meeting the following requirements and no others of this part:
(a) Paragraph (2) of Subsection C of
20.2.79.112
NMAC regarding emission offsets;
(b) Subsection D of
20.2.79.112
NMAC regarding a net air quality benefit;
(c)
20.2.79.114
NMAC - Emission Offset Baseline;
(d)
20.2.79.115 NMAC
- Emission Offset; and
(e)
20.2.79.117
NMAC - Air Quality Benefit.
(2) In addition, a new source or modification
which meets the criteria of Paragraph (2) of Subsection A of 20.2.79.109 NMAC
and is also a major stationary source or major modification as defined in
20.2.74 NMAC (prevention of significant deterioration (PSD)), shall obtain a
PSD permit under the provisions of 20.2.74 NMAC.
E. Applicability procedures.
(1) Except as otherwise provided in Paragraph
(6) of this subsection, and consistent with the definition of major
modification, 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 Subsection AM of
20.2.79.7
NMAC), and a significant net emissions increase (as defined in Subsections Z
and AM of
20.2.79.7
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), (4) and (5) 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 of net emissions increase. 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 and the baseline actual emissions (as
defined in Paragraphs (1) and (2) of Subsection E of
20.2.79.7
NMAC, as applicable), for each existing emissions unit, equals or exceeds the
significant amount for that pollutant (as defined in Subsection AM of
20.2.79.7
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
from each new emissions unit following completion of the project and the
baseline actual emissions (as defined in Paragraph (3) of Subsection E of
20.2.79.7
NMAC) of these units before the project equals or exceeds the significant
amount for that pollutant (as defined in Subsection AM of
20.2.79.7
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.
(6) For any major stationary
source for a PAL for a regulated new source review pollutant, the major
stationary source shall comply with requirements under
20.2.79.120
NMAC.
F. Except as
otherwise provided in Paragraph (6) under this subsection (Subsection F of
20.2.79.109 NMAC), the following specific provisions apply with respect to any
regulated NSR pollutant emitted from projects at existing emissions units at a
major stationary source (other than projects at a source with a PAL) in
circumstances where there is a reasonable possibility, within the meaning of
Paragraph (6) under this subsection (Subsection F of 20.2.79.109 NMAC), that a
project that is not a part of a major modification may result in a significant
emissions increase of such pollutant, and the owner or operator elects to use
the method specified in Paragraphs (1) through (3) of Subsection AI of
20.2.79.7
NMAC for calculating projected actual emissions.
(1) Before beginning actual construction of
the project, the owner or operator shall document and maintain a record of the
following information:
(a) a description of
the project;
(b) identification of
the emissions unit(s) whose emissions of a regulated new source review
pollutant could be affected by the project; and
(c) a description of the applicability test
used to determine that the project is not a major modification for any
regulated new source review pollutant, including the baseline actual emissions,
the projected actual emissions, the amount of emissions excluded under
Paragraph (3) of Subsection AI of
20.2.79.7
NMAC and an explanation for why such amount was excluded, and any netting
calculations, if applicable.
(2) If the emissions unit is an existing
electric utility steam generating unit, before beginning actual construction,
the owner or operator shall provide a copy of the information set out in
Paragraph (1) of this subsection to the department. Nothing in this paragraph
shall be construed to require the owner or operator of such a unit to obtain
any determination from the department; however, necessary preconstruction
approvals or permits, or both must be obtained before beginning actual
construction.
(3) The owner or
operator shall monitor the emissions of any regulated new source review
pollutant that could increase as a result of the project and that is emitted by
any emissions units identified in Subparagraph (b) of Paragraph (1) of this
subsection; and calculate and maintain a record of the annual emissions, in
tons per year on a calendar year basis, for a period of five years following
resumption of regular operations after the change, or for a period of 10 years
following resumption of regular operations after the change if the project
increases the design capacity or potential to emit of that regulated new source
review pollutant at such emissions unit.
(4) If the unit is an existing electric
utility steam generating unit, the owner or operator shall submit a report to
the department within 60 days after the end of each year during which records
must be generated under Paragraph (3) of this subsection setting out the unit's
annual emissions during the year that preceded submission of the
report.
(5) If the unit is an
existing unit other than an electric utility steam generating unit, the owner
or operator shall submit a report to the department if the annual emissions, in
tons per year, from the project identified in Paragraph (1) of this subsection,
exceed the baseline actual emissions (as documented and maintained pursuant to
Subparagraph (c) of Paragraph (1) of this subsection, by a significant amount
(as defined in Subsection AM of
20.2.79.7
NMAC) for that regulated new source review pollutant, and if such emissions
differ from the preconstruction projection as documented and maintained
pursuant to Subparagraph (c) of Paragraph (1) of this subsection. Such report
shall be submitted to the department within 60 days after the end of such year.
The report shall contain the following:
(a)
the name, address and telephone number of the major stationary
source;
(b) the annual emissions as
calculated pursuant to Paragraph (3) of this subsection; and
(c) any other information that the owner or
operator wishes to include in the report (e.g., an explanation as to why the
emissions differ from the preconstruction projection).
(6) A ''reasonable possibility'' under this
subsection (Subsection F of 20.2.79.109 NMAC) occurs when the owner or operator
calculates the project to result in either:
(a) a projected actual emissions increase of
at least 50 percent of the amount that is a ''significant emissions increase,''
as defined under Subsection AN of
20.2.79.7
NMAC (without reference to the amount that is a significant net emissions
increase), for the regulated NSR pollutant; or
(b) a projected actual emissions increase
that, added to the amount of emissions excluded under Subparagraph (3) of
Subsection AI of
20.2.79.7
NMAC, sums to at least 50 percent of the amount that is a ''significant
emissions increase,'' as defined under Subsection AN of
20.2.79.7
NMAC (without reference to the amount that is a significant net emissions
increase), for the regulated NSR pollutant; for a project for which a
reasonable possibility occurs only within the meaning of Subparagraph (b) of
Paragraph (6) of Subsection F of 20.2.79.109 NMAC, and not also within the
meaning of Subparagraph (a) of Paragraph (6) of Subsection F of 20.2.79.109
NMAC, then provisions Paragraphs (2) through (5) under this subsection
(Subsection F of 20.2.79.109 NMAC) do not apply to the project.
G. The owner or
operator of the source shall make the information required to be documented and
maintained pursuant to Subsection F of this section (20.2.79.109 NMAC)
available for review upon a request for inspection by the department or the
general public pursuant to the requirements contained in
40 CFR
70.4(b)(3) (viii).
H. The requirements of this section
(20.2.79.109 NMAC) applicable to major stationary sources and major
modifications of volatile organic compounds shall apply to nitrogen oxides
emissions from major stationary sources and major modifications of nitrogen
oxides in an ozone transport region or in any ozone nonattainment area, except
in ozone nonattainment areas or in portions of an ozone transport region where
the U.S. environmental protection agency administrator has granted a
NOX waiver applying the standards set forth under
section 182(f) of the federal Clean Air Act and the waiver continues to
apply.
I. In meeting the emissions
offset requirements of
20.2.79.115
NMAC, the ratio of total actual emissions reductions to the emissions increase
shall be at least 1:1 unless an alternative ratio is provided for the
applicable nonattainment area in Subsections J through N of 20.2.79.109
NMAC.
J. In meeting the emissions
offset requirements of
20.2.79.115 NMAC
for ozone nonattainment areas that are subject to subpart 2, part D, title I of
the federal Clean Air Act, the ratio of total actual emissions reductions of
VOC to the emissions increase of VOC shall be as follows:
(1) in any marginal nonattainment area for
ozone, at least 1.1:1;
(2) in any
moderate nonattainment area for ozone, at least 1.15:1;
(3) in any serious nonattainment area for
ozone, at least 1.2:1;
(4) in any
severe nonattainment area for ozone, at least 1.3:1 (except that the ratio may
be at least 1.2:1 if the approved state implementation plan also requires all
existing major sources in such nonattainment area to use BACT for the control
of VOC); and
(5) in any extreme
nonattainment area for ozone, at least 1.5:1 (except that the ratio may be at
least 1.2:1 if the approved state implementation plan also requires all
existing major sources in such nonattainment area to use BACT for the control
of VOC.
K.
Notwithstanding the requirements of Subsection J of 20.2.79.109 NMAC for
meeting the requirements of
20.2.79.115
NMAC, the ratio of total actual emissions reductions of VOC to the emissions
increase of VOC shall be at least 1.15:1 for all areas within an ozone
transport region that is subject to subpart 2, part D title I of the federal
Clean Air Act, except for serious, severe, and extreme ozone nonattainment
areas that are subject to subpart 2, part D, title I of the federal Clean Air
Act.
L. In meeting the emissions
offset requirements of
20.2.79.115 NMAC
for ozone nonattainment areas that are subject to subpart 1, part D, title I of
the federal Clean Air Act, (but are not subject to subpart 2, part D title I of
the federal Clean Air Act including 8-hour ozone nonattainment areas subject to
40
CFR 51.902(b)) , the ratio
of total actual emissions increase of VOC shall be at least 1:1.
M. The requirements of 20.2.79.109 NMAC
applicable to major stationary sources and major modifications of PM10 shall
also apply to major stationary sources and major modifications of PM10
precursors except where the US. environmental protection agency administrator
determines that such sources do not contribute significantly to PM10 levels
that exceed the PM10 ambient standards in the area.
N. In meeting the emissions offset
requirements of
20.2.79.115
NMAC, the emissions offsets obtained shall be for the same regulated NSR
pollutant unless interprecursor offsetting is permitted for a particular
pollutant as specified in this paragraph. The department may allow the offset
requirements in
20.2.79.115 NMAC
for direct PM2.5 emissions or emissions of precursors of
PM2.5 to be satisfied by offsetting reductions in direct
PM2.5 emissions or emissions of any PM2.5
precursor identified under Subsection AJ of
20.2.79.7
NMAC if such offsets comply with the interprecursor trading hierarchy and ratio
established in the approved plan for a particular nonattainment area.
