Current through Register Vol. 35, No. 18, September 24, 2024
In addition to the terms defined in
20.2.2.7
NMAC (Definitions), as used in this part, the following terms apply.
A.
"Actual emissions" means the
actual rate of emissions of a regulated new source review pollutant from an
emissions unit, as determined in accordance with the following, except that
this definition shall not apply for calculating whether a significant emissions
increase has occurred, or for establishing a plantwide applicability limit
under
20.2.79.120
NMAC. Instead, Subsections E and AI of this section shall apply for those
purposes.
(1) 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.
(2) The
department may presume that source-specific allowable emissions for the unit
are equivalent to the actual emissions of the unit.
(3) 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.
B.
"Administrator" means the
administrator of the U.S. environmental protection agency (EPA) or an
authorized representative.
C.
"Adverse impact on visibility" means visibility impairment which
interferes with the management, protection, preservation, or enjoyment of the
visitor's visual experience of the mandatory federal class I 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:
(1) times of visitor use of the mandatory
federal class I 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.
D.
"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 standard set forth in 40 CFR Part 60 or 61 ;
(2) any 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.
E.
"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 noncompliant emissions that occurred while the source
was operating above any 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 Paragraph (1) of
this subsection.
(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 section 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 noncompliant
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 Subsection D of
20.2.79.115
NMAC.
(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 Paragraph
(2) of this subsection.
(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 plantwide
applicability limit for a major 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.
F.
"Begin actual construction" means in general, initiation of
physical on-site construction activities on an emissions unit which are of a
permanent nature. Such activities include, but are not limited to, installation
of building support and foundations, laying of underground pipework, and
construction of permanent storage structures. With respect to a change in
method of operating this term refers to those on-site activities other than
preparatory activities which mark the initiation of the change.
G.
"Best available control technology
(BACT)" means an emissions limitation (including a visible emissions
standard) based on the maximum degree of reduction for each regulated new
source review pollutant which would be emitted from any proposed major
stationary source or major modification which the department, on a case-by-case
basis, taking into account energy, environmental, and economic impacts and
other costs, determines is 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 pollutant. 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 Part 60 or 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 BACT. 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.
H.
"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 two-digit code) as described in the standard industrial classification
manual, 1972, as amended by the 1977 supplement (U.S. government printing
office stock numbers 4101-0066 and 003-005-00176-0, respectively).
I.
"Commence" as applied to
construction of a major stationary source or major modification means that the
owner or operator has all necessary preconstruction approvals or permits and
either 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 a program of actual
construction of the source to be completed within a reasonable time.
J.
"Construction"
means any physical change or change in the method of operation (including
fabrication, erection, installation, demolition, or modification of an
emissions unit) which would result in a change in actual emissions.
K.
"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.
L.
"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).
M.
"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, oxygen or carbon dioxide concentrations), and to record average
operational parameter value(s) on a continuous basis.
N.
"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.
O.
"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 steam generating
unit as defined in Subsection N of this section. For purposes of this section,
there are two types of emissions units.
(1) A
new emissions unit is any emissions unit which is (or will be) newly
constructed and which has existed for less than two 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.
P.
"Federal class I area" means
any Federal land that is classified or reclassified "class I".
Q.
"Federal land manager" means,
with respect to any lands in the United States, the secretary of the department
with authority over such lands.
R.
"Federally enforceable" means all limitations and conditions which
are enforceable by the administrator, including those requirements developed
pursuant to 40 CFR Parts 60 and 61, requirements within any applicable state
implementation plan, any permit requirements established pursuant to
40 CFR
52.21 or under regulations approved pursuant
to 40 CFR Part 51 , Subpart I including
40 CFR 51.165
and 40 CFR 51.166.
S.
"Fugitive emissions" means those emissions which could not
reasonably pass through a stack, chimney, vent, or other functionally
equivalent opening.
T.
"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.
U.
"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 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 oxides of nitrogen 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 federal Clean Air 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 December 21, 1976, unless such change would be prohibited under any
federally enforceable permit condition which was established after December 21,
1976 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 December 21, 1976,
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; or
(h) the installation, operation, cessation,
or removal of a temporary clean coal technology demonstration project, provided
that the project complies with the state implementation plan for the state in
which is project is located, and other requirements necessary to attain and
maintain the national ambient air quality standards during the project and
after it is terminated.
(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
20.2.79.120
NMAC for a plantwide applicability limit for that pollutant. Instead, the
definition at Paragraph (8) of Subsection B of
20.2.79.120
NMAC shall apply.
(3) For the
purpose of applying the requirements of Subsection H of
20.2.79.109 NMAC to
modifications at major stationary sources of nitrogen oxides located in ozone
nonattainment areas or in ozone transport regions, whether or not subject to
subpart 2, part D, title I of the federal Clean Air Act, any significant net
emissions increase of nitrogen oxides is considered significant for
ozone.
(4) Any physical change in,
or change in the method of operation of a major stationary source of volatile
organic compounds that results in any increase in emissions of volatile organic
compounds from any discrete operation, emissions unit, or other pollutant
emitting activity at the source shall be considered a significant net emissions
increase and a major modification for ozone, if the major stationary source is
located in an extreme ozone nonattainment area that is subject to subpart 2,
part D, title I of the federal Clean Air Act.
V.
"Major stationary source"
means the following.
(1) Any stationary source
of air pollutants which emits, or has the potential to emit, 100 tons per year
or more of any regulated new source review pollutant, except that lower
emissions thresholds shall apply in areas subject to subpart 2, subpart 3, or
subpart 4 of part D, title I of the federal Clean Air Act, according to
Subparagraphs (a) through (f) of Paragraph (1) of Subsection V of 20.2.79.7
NMAC.
(a) 50 tons per year of volatile organic
compounds in any serious ozone nonattainment area.
(b) 50 tons per year of volatile organic
compounds in an area within an ozone transport region, except for any severe or
extreme ozone nonattainment area.
(c) 25 tons per year of volatile organic
compounds in any severe ozone nonattainment area.
(d) 10 tons per year of volatile organic
compounds in any extreme ozone nonattainment area.
(e) 50 tons per year of carbon monoxide in
any serious nonattainment area for carbon monoxide, where stationary sources
contribute significantly to carbon monoxide levels in the area (as determined
under rules issued by the United States environmental protection agency
administrator).
(f) 70 tons per
year of PM10 in any serious nonattainment area for PM10.
(2) For the purposes of applying the
requirements of Subsection H of
20.2.79.109 NMAC to
stationary sources of nitrogen oxides located in an ozone nonattainment area or
in an ozone transport region, any stationary source which emits, or has the
potential to emit, 100 tons per year or more of nitrogen oxides emissions,
except that the emission thresholds in Subparagraphs (a) through (f) of
Paragraph (1) of Subsection V of 20.2.79.7 NMAC shall apply in areas subject to
subpart 2 of part D, title I of the federal Clean Air Act.
(a) 100 tons per year or more of nitrogen
oxides in any ozone nonattainment area classified as marginal or
moderate.
(b) 100 tons per year or
more of nitrogen oxides in any ozone nonattainment area classified as a
transitional, submarginal, or incomplete or no data area, when such area is
located in an ozone transport region.
(c) 100 tons per year or more of nitrogen
oxides in any area designated under section 107(D) if the federal Clean Air Act
as attainment or unclassifiable for ozone that is located in an ozone transport
region.
(d) 50 tons per year or
more of nitrogen oxides in any serious nonattainment area for ozone.
(e) 25 tons per year or more of nitrogen
oxides in any severe nonattainment area for ozone.
(f) 10 tons per year or more of nitrogen
oxides in any extreme nonattainment area for ozone; or
(3) Any physical change that would occur at a
stationary source not qualifying under Paragraph (1) or (2) of this definition
as a major stationary source, if the change would constitute a major stationary
source by itself.
(4) A major
stationary source that is major for volatile organic compounds or oxides of
nitrogen shall be considered major for ozone.
(5) A stationary source shall not be a major
stationary source due to fugitive emissions, to the extent they are
quantifiable, unless the source belongs to:
(a) any category in Subsection B of
20.2.79.119
NMAC; or
(b) any other stationary
source category which as of August 7, 1980 is being regulated under Section 111
or 112 of the federal Clean Air Act.
(6) A stationary source shall not be a major
stationary source due to secondary emissions.
W.
"Mandatory federal class I
area" means those federal lands that are international parks, national
wilderness areas which exceed five thousand (5,000) acres in size, national
memorial parks which exceed five thousand (5,000) acres in size, and national
parks which exceed six thousand (6,000) acres in size, and which were in
existence on August 7, 1977. These areas may not be redesignated.
X.
"Natural conditions" includes
naturally occurring phenomena that reduce visibility as measured in terms of
visual range, contrast or coloration.
Y.
"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 applicable state implementation
plan.
Z.
"Net emissions
increase"
(1) With respect to any
regulated new source review pollutant emitted by a major stationary source, 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 E of
20.2.79.109 NMAC;
and
(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 shall be
determined as provided in Subsection E of this section, except that
Subparagraph (c) of Paragraph (1) and Subparagraph (d) of Paragraph (2) of
Subsection E 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) either the department or the
administrator 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 in actual
emissions is creditable only to the extent that the new level of actual
emissions exceeds the old level.
(5) 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;
(c) the department has not
relied on it in issuing any permit under regulations approved pursuant to 40
CFR Part 51 Subpart I or the state has not relied on it in demonstrating
attainment or reasonable further progress; and
(d) it has approximately the same qualitative
significance for public health and welfare as that attributed to the increase
from the particular change.
(6) 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.
(7) Paragraph (1) of Subsection A of this
section shall not apply for determining creditable increases and decreases or
after a change.
AA.
"Nonattainment area" means,
for any air pollutant an area which is designated "nonattainment" with respect
to that pollutant within the meaning of Section 107(d) of the federal Clean Air
Act.
AB.
"Nonattainment major
new source review (NSR) program" means a major source preconstruction
permit program that has been approved by the administrator and incorporated
into the New Mexico state implementation plan to implement the requirements of
40 CFR
51.165, or a program that implements 40 CFR
Part 51, Appendix S, Sections I through VI. Any permit issued under such a
program is a major new source review permit.
AC.
"Part" means an air quality
control regulation under Title 20, Chapter 2 of the New Mexico Administrative
Code, unless otherwise noted; as adopted or amended by the board.
AD.
"Portable stationary source"
means a source which can be relocated to another operating site with limited
dismantling and reassembly.
AE.
"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 pollution 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 only if the limitation or the
effect it would have on emissions is federally enforceable. Secondary emissions
do not count in determining the PTE of a stationary source.
AF.
"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, oxygen or carbon dioxide concentrations), and calculate and
record the mass emissions rate (for example, pounds per hour) on a continuous
basis.
AG.
"Prevention of
significant deterioration (PSD) permit" means any permit that is issued
under 20.2.74 NMAC.
AH.
"Project" means a physical change in, or change in the method of
operation of, an existing major stationary source.
AI.
"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 five 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 of 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 E 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 under Subsection AE of this section.
AJ.
"Regulated new source review
pollutant", for purposes of this section, means the following:
(1) nitrogen oxides or any volatile organic
compounds;
(2) any pollutant for
which a national ambient air quality standard has been promulgated;
(3) any pollutant that is identified under
this paragraph (Paragraph (3) of Subsection AJ of 20.2.79.7 NMAC) as a
constituent or precursor of a general pollutant listed in Paragraphs (1) or (2)
of this subsection, provided that such constituent or precursor pollutant may
only be regulated under new source review as part of regulation of the general
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 ozone nonattainment
areas;
(b) sulfur dioxide is a
precursor to PM2.5in all
PM2.5nonattainment areas;
(c) nitrogen oxides are presumed to be
precursors to PM2.5in all
PM2.5nonattainment 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 and ammonia are presumed not to be precursors to
PM2.5in any PM2.5nonattainment
area, unless the state demonstrates to the administrator's satisfaction or EPA
demonstrates that emissions of volatile organic compounds or ammonia from
sources in a specific area are a significant contributor to that area's ambient
PM2.5 concentrations; or
(4) 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 PM2.5 and PM10
in nonattainment major NSR permits; compliance with emissions
limitations for PM2.5 and PM10
issued prior to this date shall not be based on condensable particulate 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 particulate matter shall not be considered
in violation of this section unless the applicable implementation plan required
condensable particulate matter to be included.
AK.
"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.
AL.
"Secondary emissions" means
emissions which would 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 area 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.
AM.
"Significant" means:
(1) In reference to a net emissions increase
or the potential of a source to emit any of the following pollutants, a rate of
emissions that would equal or exceed any of the following rates: carbon
monoxide, 100 tons per year; nitrogen oxides, 40 tons per year; sulfur dioxide,
40 tons per year; PM10 emissions, 15 tons per year;
ozone, 40 tons per year of volatile organic compounds or nitrogen oxides; lead,
0.6 tons per year, PM2.5: 10 tpy of direct
PM2.5 emissions; 40 tpy of sulfur dioxide emissions; 40
tpy of nitrogen oxide emissions unless demonstrated not to be a
PM2.5 precursor under Subsection AJ of 20.2.79.7
NMAC.
(2) Notwithstanding the
significant emissions rate for ozone in Paragraph (1) of Subsection AM of
20.2.79.7 NMAC, significant means, in reference to an emissions increase or a
net emissions increase, any increase in actual emissions of volatile organic
compounds that would result from any physical change in, or change in the
method of operation of, a major stationary source locating in a serious or
severe ozone nonattainment area that is subject to subpart 2, part D, title I
of the federal Clean Air Act, if such emissions increase of volatile organic
compounds exceeds 25 tons per year.
(3) For the purposes of applying the
requirements of Subsection H of
20.2.79.109 NMAC to
modifications at major stationary sources of nitrogen oxides located in an
ozone nonattainment area or in an ozone transport region, the significant
emission rates and other requirements for volatile organic compounds in
Paragraphs (1), (2), and (5) of Subsection AM of 20.2.79.7 NMAC shall apply to
nitrogen oxides emissions.
(4)
Notwithstanding the significant emissions rate for carbon monoxide under
Paragraph (1) of Subsection AM of 20.2.79.7 NMAC significant means, in
reference to an emissions increase or a net emissions increase, any increase in
actual emissions of carbon monoxide that would result from any physical change
in, or change in the method of operation of, a major stationary source in a
serious nonattainment area for carbon monoxide if such increase equals or
exceeds 50 tons per year, provided the U.S. environmental protection agency
administrator has determined that stationary sources contribute significantly
to carbon monoxide levels in that area.
(5) Notwithstanding the significant emissions
rates for ozone under Paragraphs (1) and (2) of Subsection AM of 20.2.79.7
NMAC, any increase in actual emissions of volatile organic compounds from any
emissions unit at a major stationary source of volatile organic compounds
located in an extreme ozone nonattainment area that is subject to subpart 2,
part D, title I of the federal Clean Air Act shall be considered a significant
net emissions increase.
AN.
"Significant emissions
increase" means, for a regulated new source review pollutant, an
increase in emissions that is significant (as defined in Subsection AM of this
Section) for that pollutant.
AO.
"Stationary source" means any building, structure, facility, or
installation which emits or may emit any regulated new source review
pollutant.
AP.
"Temporary
source" means a stationary source which changes its location or ceases
to exist within one year from the date of initial start of
operations.
AQ.
"Visibility
impairment" means any humanly perceptible change in visibility (visual
range, contrast, coloration) from that which would have existed under natural
conditions.
