Regulatory Text: 
REGULATION NO. 20.  AUTHORITY-TO-CONSTRUCT PERMITS

(Approved by EPA 03/16/94 (59 FR 12172) at 52.1620(c)(54) effective 05/16/94.)

  Outline

  20.00  Purpose
  20.01  Applicability
  20.02  Permit Fees
  20.03  Contents of Applications
  20.04  Public Notice
  20.05  Permit Decisions and Appeals
  20.06  Basis for Denial
  20.07  Additional Legal Responsibility of Applicants
  20.08  Permit Conditions
  20.09  Permit Cancellation
  20.10  Permittee Notification to Department
  20.11  Performance Testing
  20.12  Emergency Permits
  20.13  Nonattainment Area Requirements
  20.14  Definitions
  Table 1  Significant Ambient Concentrations


20.00  Purpose

    The purpose of this regulation is to insure that new facilities or modified existing facilities will not emit air pollution which will cause violations of air pollution control regulations upon operation following construction. This procedure will protect the source owner's investment as well as uphold public concern and desire for input prior to commencement of construction of air pollution sources in Bernalillo County.


20.01  Applicability

    Prior to commencement, any person planning to construct a new stationary source or modify an existing stationary source of air contaminants such that any of the following emissions thresholds, classifications, or kinds of permits apply as delineated in Subsection A through C, below, shall obtain a permit from the Department in accordance with the provisions of this regulation.

    A.  Emissions thresholds requiring a permit

        1.  Any stationary source that will emit one or more regulated air contaminants for which there is a federal, state or local air quality control standard and any single one of such would exceed the following amounts when considered at the source's pre-controlled emission rate:

            a.  ten (10) pounds per hour, or

            b.  twenty-five (25) tons per year.

If either of these thresholds is exceeded for any regulated air contaminant, all regulated air contaminants emitted are subject to permit review.

        2.  Any stationary source which will have a pre-controlled emission rate of lead (Pb), and its compounds, greater than five (5) tons per year measured by a reference method based upon 40 CFR 50, Appendix G.

       3.  Any major stationary source or major modification, as defined by AQCR No. 32, otherwise meeting the applicability requirements of this regulation shall in addition be subject to the permit requirements of AQCR No. 32, NONATTAINMENT AREAS, if either of the following conditions applies:
            a.  The source is or will be located within a nonattainment area for any National Ambient Air Quality Standard and will emit the air contaminant or contaminants for which the area is in nonattainment, or will emit hydrocarbons in the case of ozone nonattainment: or

            b.  The source is or will be located in an area which is in attainment of the National Ambient Air Quality Standards for the air contaminant or air contaminants which the source will emit but the ambient impact of the emissions from the source will exceed the significance levels of Table 1 in AQCR No. 32, before any consideration of emissions offsets or trades, at any location within an area which is in nonattainment for the air contaminant or air contaminants emitted by the source having such ambient impacts.

    B.  Federal Source Classifications

        1.  If the applicant will be constructing, modifying or installing any equipment or process which is subject to AQCR No. 30 NEW SOURCE PERFORMANCE STANDARDS or AQCR No. 31 EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS.

        2.  If the source otherwise meets the applicability requirements of this regulation but is a major stationary source or a major modification as defined in AQCR No. 29, shall in addition be subject to the permit requirements of AQCR No. 29, PREVENTION OF SIGNIFICANT DETERIORATION.

        3.  If the Department determines that the source will emit a significant amount of an air contaminant for which no federal emissions standard has yet been established but which has been listed in 40 CFR 61.01(b) along with the hazardous air pollutants.

    C.  Additional Permit Details

        1.  If a source is comprised of more than one unit, a separate permit may be required for each unit which is not substantially interrelated with another unit.  A common connection leading to ductwork, pollution control equipment or a single stack shall not, by itself, constitute a substantial interrelationship.

        2.  Although more than one permit regulation (i.e. No. 20, 29, 30, 31, or 32) may apply to any stationary source nothing in this regulation shall be construed to require more than one permit application for each unit proposed for construction or modification. Definitions and provisions contained in specific federal programs apply as pertains to permit review of any air contaminant and source regulated by the federal NSPS, NESHAP, prevention of significant deterioration, visibility or nonattainment requirements.

        3.  For all sources subject to this regulation, applications for authority-to-construct permits shall be filed prior to the commencement of construction, modification, or installation. Regardless of the anticipated commencement date, no construction, modification, or installation shall begin prior to issuance of the permit.


20.02  Fees for Permit Application Review

    A.  At the time any person submits an application for a permit it shall be accompanied by a check in the amount required by Air Quality Control Regulation No. 21 PERMIT FEES.  No application shall be considered complete until such fee has been tendered.

    B.  Checks shall be made payable to the City of Albuquerque if the source is located within the municipal limits of Albuquerque.  Otherwise the appropriate fees shall be made payable to the County of Bernalillo.


20.03  Contents of Applications

    A.  Any person seeking a permit under this regulation shall do so by filing a written application with the Department.

        All applications shall:

        1.  be made on forms furnished by the Department;

        2.  state the applicant's name and address, together with the name and address of the operator of the source if different than the owner;

        3.  state the date of application;

        4.  provide sufficient information to describe the quantities and nature of any regulated air contaminants that the source will emit inclusive of normal operation, operation at maximum production or processing capability rate of the source, as well as during malfunction, startup and shutdown as can be reasonably anticipated.  Such information shall be accompanied by copies of all calculations, computations, modeling or analyses used in the derivations.

        5.  provide the information required by subsection 4, above, that shall be sufficient to demonstrate, under pertinent analytical techniques and parameters as the Department may require, what effects such emissions from routine operations will have upon any New Mexico or federal ambient air quality standard, or an applicable NSPS or NESHAP limitation or any Air Quality Control Board regulation;

        6.  provide ambient impact analysis and information as to the steps the applicant will take in the event of malfunction, as well as addressing the nature of emissions during routine startup or shutdown of the source and its air pollution control equipment;

        7.  be accompanied by:

           (a) a map, such as the 7.5 minute Topographic Quadrangle map published by the United States Geological Survey or a map of equivalent or greater scale, detail and precision such as from the City of Albuquerque or County of Bernalillo Zone Atlas showing the exact location of the proposed construction, or modification or installation of the source;

           (b) a process flow sheet, including a material balance of each subpart of the facility which would be involved in routine operations and from which contaminant emissions could occur;

           (c) a full description, including all calculations and the basis for all control efficiencies presented, of the equipment to be used for air pollution control, including a process flow sheet, or, if the Department so requires, layout and assembly drawings; and

           (d) a description of the equipment or methods proposed by the applicant to be used for emission measurement if required by the Department.

        8.  state the maximum and normal operating time schedules of the source after completion of construction or modification;

        9.  contain such other relevant information as the Department may reasonably require; and

        10.  be signed by the owner or an authorized representative, certifying all information as represented in the application and attachments thereto, if any.

    B.  Protection of Confidential Information

        1.  The following items, when furnished to or obtained by the board or the Department concerning sources, shall be protected by the Department as confidential if specifically marked by the applicant as confidential at the time such items are submitted, and shall not be made a part of any public record unless the applicant expressly agrees to its publication:

            (a)  records or information relating to processes or production techniques unique to the owner or operator; and

            (b)  data relating to the owner or operator's profits and costs which have not previously been released to the public.

        2.  This section shall not be construed to prohibit the release of information concerning the nature and amount of emissions from any source.

        3.  The Department shall review all claims of confidentiality made pursuant to this section and shall notify the applicant by certified mail of its decision in a timely manner with the reasons therefor.  The burden of proof for claims of confidentiality shall be upon the applicant.

        4.  The Department's determination on claims made pursuant to this section shall be the final administrative determination.

        5.  The Department shall protect information claimed and subsequently found to be Confidential as prescribed in a Security Procedures Manual approved by the Albuquerque/Bernalillo County Air Quality Control Board.  Said manual shall be made available for public inspection and the Department's compliance therewith subject to audit at all times.


20.04  Public Notice and Participation

    A.  The Department shall execute the following public information and notice activities to:

        1.  make available for public inspection a list of all pending applications for permits;

        2.  prepare a summary of each application and make it available for public inspection as soon as the application is deemed complete by the Department;

        3.  within fifteen (15) days after the Department deems an application complete, publish a public notice in a local newspaper of general circulation.  The notice shall include the name and address of the applicant, location of the source, a brief description of the proposed construction or modification, a summary of the estimated emissions and shall identify the manner in which comments or evidence on the application may be submitted to the Department;

        4.  allow all interested persons at least fortyfive but no more than sixty days from the date an application is deemed complete to submit written comments, evidence or to request a public hearing on the application;

        5.  mail written notice of the action taken on the permit application to those persons who submitted written comments or evidence;

        6.  within five (5) days after the Department deems the application complete, notify the appropriate State of New Mexico agency by certified mail, of the application and include the summary of the application;

        7.  on any permit application for a source which will emit, or has the potential to emit greater than 100 tons of any regulated air contaminant including any fugitive emissions of said contaminant, the Department shall notify the state Environmental Improvement Division by certified mail at least sixty days prior to commencement.  Such notice shall include a summary of the application.

    B.  Public Hearings on Permits Involving Significant Public Interest.

    The Department shall hold a public hearing if the director determines that there is significant public interest.  The time, date, and place of the hearing shall be determined by the Department.  The Department shall give notice of the hearing to the applicant and the affected public.  The director may appoint a hearing officer.  A transcript of the hearing shall be made at the request of either the Department or the applicant and at the expense of the person requesting the transcript be made.  At the hearing, all interested persons shall be given a reasonable opportunity to submit data, views or arguments orally or in writing and to examine witnesses testifying at the hearing.


20.05  Permit Decisions and Appeals

    A.  The Department shall, within thirty (30) days after its receipt of an application for a permit, review such application for completeness.  If the application is judged complete, a certified letter to that effect shall be sent to the applicant.  If the application is judged incomplete or if a different type of permit application is required, a certified letter shall be sent to the applicant stating what additional information or points of clarification are necessary to judge the application complete or what type of application must be filed.  If the application is judged complete but no permit is required any fees that accompanied the application shall be returned by certified mail.  If a letter of explanation is desired by the applicant informing the applicant why no permit is necessary, the applicant shall make arrangements with the Department and tender the appropriate fee for such letter as required by AQCR No. 21.

    B.  The Department shall establish an administrative record for each complete permit application consisting of the application, any other evidence submitted by the applicant, any evidence or written comments submitted by interested persons, any other evidence considered by the Department, a statement of matters officially noticed, and if a public hearing is held, the evidence submitted at the hearing.

    C.  The Department shall take formal action upon each application in a timely manner not to exceed one hundred twenty (120) days or one hundred eighty (180) days if a hearing has been called] from the date the application was deemed complete yet shall not preclude the public comment provisions of subsection 20.04 A(4).  Such formal action shall be to either grant the permit, grant the permit subject to conditions, or deny the permit.  The Department's formal action shall be based upon information contained in the Department's administrative record.

    D.  Applicants for permits shall be notified of the Department's action by certified mail.  If the permit is issued subject to conditions, or denied, the notification shall state the reasons therefor.  Applicants desiring expedited receipt of the notification at the offices of the Department in lieu of certified mail may have it picked up by an authorized representative who shall acknowledge receipt of same in writing.

    E.  If the applicant is dissatisfied with the action taken by the Department a public hearing before the board may be requested by writing to the director within thirty (30) days after the notice of the Department's action has been received by the applicant.  Unless a timely request for hearing is made, the decision of the Department shall be final.

    F.  If a timely request for public hearing is made, the board shall hold such hearing within thirty (30) days of receipt of the request. The Department shall notify the applicant by certified mail of the date, time and place of the hearing.  In the hearing, the burden of proof shall be upon the applicant.  The board may designate a hearing officer to take evidence in the hearing.  Based upon the evidence presented at the hearing, the board shall sustain, modify or reverse the action of the Department within thirty (30) days.


20.06  Basis for Permit Denial

    The Department shall deny any request for a permit if:
    A.  it appears that the construction or modification will not meet applicable regulations adopted pursuant to the Air Quality Control Act;

    B.  the source will emit any air contaminant in excess of a New Source Performance Standard, a NESHAP or a regulation of the board;

    C.  the source will emit, in such quantity and duration as to cause imminent danger to public health, a hazardous air pollutant for which no NESHAP applies;

    D.  it appears that either:

        1.  the construction or modification will cause or contribute to air contaminant levels in excess of any National Ambient Air Quality Standard.  However, the ambient air standards that are unique to the Albuquerque/ Bernalillo County Air Quality Control Board shall not form a basis for determining excessive air contaminant emissions relative to a proposed construction or modification of a stationary source.

        2.  if the source will emit an air contaminant so as to significantly impact an area in which a state ambient air quality standard is not being met or so as to cause a state ambient air quality standard to be exceeded for that contaminant.

        3.  denial of a permit as in subpart D.2, above, need not be made if the applicant provides an approved emissions trade pursuant to AQCR #38 as part of his application and such trade is sufficient to offset the proposed emissions otherwise causing significant impact upon an area which exceeds the New Mexico Ambient Air Quality Standard, or that would cause the exceedance of a New Mexico Ambient Air Quality Standard for that contaminant.

        4.  if it appears that issuance of a permit will not be consistent with achieving progress toward attainment of the state ambient air quality standard that is being exceeded; or

    E.  any provision of the Air Quality Control Act will be violated; or

    F.  it appears that the construction of the new or modified source will not be completed within a reasonable time.


20.07  Additional Legal Responsibilities on Applicants

     The issuance of a permit does not relieve any person from the responsibility of complying with the provisions of the Air Quality Control Act, the federal Clean Air Act or any applicable regulations of the board.


20.08 Permit Conditions

    A.  The contents of the application submitted pursuant to Section 20.01 of this regulation, or as the application may be amended prior to being deemed complete, shall form the basis for the terms and conditions contained in the permit.

    B.  The Department shall set specific conditions upon a permit, which may include any combination of the following provisions.  If the permit is for a modification, the requirements of this section apply only to the facility or facilities involved in such modification.

       1.  placement of individual emission limits, determined on a case-by-case basis, on the source for which the permit is issued.  Such individual emission limits shall be as restrictive as the most stringent of the following:

           a.  the extent necessary to meet the requirements of the Air Quality Control Act anti the federal Clean Air Act; or
           b.  the extent necessary to meet what may reasonably be anticipated from a federally proposed NSPS or under any federally required revision to the State Implementation Plan which has been proposed on or before the date of the application and is expected to be finally adopted.

           c.  the emission rate finally specified in the permit application;

       2.  a requirement that the permittee install and operate control technology on the source, determined on a case-by-case basis, sufficient to meet the requirements of the Air Quality Control Act and the federal Clean Air Act and regulations promulgated pursuant thereto;

       3.  compliance with applicable federal NSPS and NESHAP regulations;

       4.  imposition of reasonable restrictions and limitations other than those relating specifically to emission limits or emission rates;

       5.  a schedule of construction;

       6.  that the source be equipped for performance testing, continuous emissions monitoring, and measuring ambient air quality and weather conditions as follow:

           a.  sampling ports of a size, number and location as the Department may require;

           b.  safe access to each port;

           c.  instrumentation to monitor and record emission data including continuous emission monitoring, if appropriate;

           d.  instrumentation to detect or activate alarms for emissions of specified hazardous air pollutants in order to protect public health;

           e.  any other reasonable sampling, testing or ambient monitoring and meteorological facilities and protocol;

       7.  repetitive testing pursuant to Section 20.11.

       8.  to establish and maintain such records of the nature and amount of emissions and to make such periodic reports to the Department regarding the nature and amounts of emissions and the performance of air pollution control equipment as are necessary to carry out the purpose of the Air Quality Control Act.

       9.  other reasonable conditions as the Department may deem necessary.

    C.  Any term or condition imposed by the Department in a permit obtained pursuant to this regulation shall apply to the same extent as a regulation of the board.


20.09  Permit Cancellation

  The Department may cancel any permit if the construction or modification has not commenced within one year from the date of issuance or if, during the construction or modification, work is suspended for a total of one year.  Such cancellation shall be subject to the following procedures:

    A.  At least thirty (30) days prior to the cancellation of a permit the Department shall notify the permittee by certified mail of the impending cancellation.  Subsequently, the Department shall notify the permittee by certified mail of the actual cancellation of the permit and the reasons therefor.  Construction, modification and, if required, cease upon the effective date of cancellation contained in the notice of cancellation.  A permittee who has received notice that a permit will or has been cancelled may request a public hearing before the board.  The request must be made in writing to the board either prior to or within thirty (30) days after notice of the actual cancellation by the Department has been received by the permittee.  Unless a timely request for hearing is made, the decision of the Department shall be final.

    B.  If a timely request for public hearing is made, the board shall hold such hearing within thirty (30) days after receipt of the request.  The Department shall notify the permittee by certified mail of the date, time and place of the hearing.  In the hearing the burden of proof shall be upon the permittee.  The board may designate a hearing officer to take evidence in the hearing.  Based upon the evidence presented at the hearing, the board shall sustain, modify or reverse the action of the Department.


20.10  Permittee's Notification Obligations to the Department

  The owner or operator of a stationary source subject to this regulation shall notify the Department in writing or otherwise provide the Department with:

    A.  not less than thirty (30) days prior to initial startup of the source, the projected date;

    B.  not greater than fifteen (15) days after startup the date of actual initial startup of the source;

    C.  within fifteen (15) days after any change of operator;

    D.  every two years from the date of issuance of the permit, an updated emissions inventory for the source together with descriptions of any reconfigurations of process technology and air pollution control equipment.  A letter indicating that no change has occurred, if such is the case, shall be sufficient to comply with this requirement.


20.11  Performance Testing Following Startup

    Within sixty (60) days after achieving the maximum production rate in which the newly constructed or modified stationary source will be operated, but not later than one hundred eighty (180) days after initial startup of the newly constructed or modified source the owner or operator of the source may be required to conduct a performance test in accordance with methods and under operating conditions approved by the Department and to furnish the Department with a written report of the results of the test.  The permittee shall allow a representative of the Department to be present at the test.  The performance tests may have to be repeated until such time that compliance is demonstrated and testing is performed in a technically satisfactory manner.


20.12  Emergency Permits

    A.  The Department may issue an emergency authority to construct permit when presented with a situation threatening the public health, safety or welfare, which requires the rapid construction or modification of, or installation of equipment in a facility subject to this regulation if necessary to mitigate, prevent or remedy harm to the public.

    B.  Department personnel shall verify that the source, operating in accordance with the permit to be issued can and will meet all applicable standards, emission limitations and conditions before authorizing startup in order to ensure that the public emergency is not worsened by excess emissions or improper air pollution control equipment.

    C.  A situation caused by any negligent or unlawful action or operation of the facility by the facility owner or operator, including but not limited to, failure to seek a permit shall not constitute an emergency for the purposes of this section.
    D.  The requirements of Sections 20.04 A (4) and (5), 20.04 B, and 20.05 A and C shall not apply to emergency permits processed under this section.


20.13  Nonattainment Area Requirements

    A.  The emissions offset constraints of this section shall apply to those sources causing either of the following ambient effects.

       1.  for state Non-Methane Hydrocarbons (NMHCs) standard - Any new source or modification which will emit NMHCs such that the source's NMHC emissions would cause the NM Ambient Air Quality Standard of 0.19 ppm, 3-hour average to be exceeded at any location; or

       2.  for state ambient air standards other than NMHCs - Any new source or modification which will emit a regulated air contaminant other than NMHCs such that the source's emissions would cause the significant ambient concentration of any contaminant listed in Table 1 to be exceeded at any location that does not meet the New Mexico Ambient Air Quality Standard for the contaminant; or

       3.  for National Ambient Air Quality Standards - Any new source or modification, which is not a major stationary source or major modification as defined in AQCR 32, which will emit a regulated air contaminant such that the source's emissions would cause the significant ambient concentration of any contaminant listed in Table 1 to be exceeded at any location which is designated as a Nonattainment Area as defined in AQCR 32.

    B.  A source or modification subject to this section shall offset the ambient impact of its emissions by:

       1.  In the case of exceeding the NM Ambient Air Standard for NMHCs, securing an approved emissions trade pursuant to AQCR No. 38, Emissions Trading, and,

       2.  if other than that of B.(l) above, a source exceeding any of the significant ambient concentrations listed in Table 1 shall offset as follows,

         a.  Obtain emission offsets for the proposed emissions in an amount greater than one-to-one such that a net air quality benefit will occur; and

         b.  Ensure emission offsets are quantifiable, enforceable, and permanent by meeting the following sections of AQCR 32:

            (l) Section F - Emission Offset Baseline
            (2) Section G - Emission Offsets
            (3) Section I - Air Quality Benefit


20.14  Definitions Specific to Authority-to-Construct Permit Regulations

     This regulation as well as Regulations 29, 30, 31, and 32 use terms with exclusive meanings applicable to construction or modification permits.  Throughout these regulations the terms herein defined shall have the following meanings.  If there is any apparent conflict among the use of said terms the meaning specified in this regulation shall prevail and apply.

    A.  "air pollution control equipment" means any device, equipment, process or combination thereof the operation of which would limit, capture, reduce, confine, or otherwise control air contaminants or convert for the purposes of control any air contaminant to another form, another chemical or another physical state.

    B.  "Air Quality Control Act" means legislation of the State of New Mexico Section 74-2-1 to 74-2-17 NMSA 1978, as amended.

    C.  "ambient air" means the outdoor atmosphere, but does not include the area entirely within the geographical boundaries of the source from which the air contaminants are, or may be, emitted and where public access is restricted within such boundaries;

    D.  "AQCR" means Air Quality Control Board Regulation of the Albuquerque/ Bernalillo County Air Quality Control Board.

    E.  "commence" or "commencement" mean that an owner or operator has undertaken a continuous program of construction or that an owner or operator has entered into a binding contractual obligation to undertake and complete, within a reasonable time, a continuous program of construction;

    F.  "construction" means fabrication, erection, installation or relocation of a stationary source, including but not limited to temporary installations and portable stationary sources;

    G.  "federal Clean Air Act" means the federal legislation pertaining to air pollution as amended, at 42 U.S.C. 7401 through 7642.

    H.  "federal environmental protection agency" means the United States Environmental Protection Agency (EPA) and its regional headquarters;

    I.  "hazardous air pollutant" means an air contaminant which is listed in 40 CFR 61.01(a) by the administrator of the federal environmental protection agency pursuant to Section 112 of the Federal Clean Air Act.

    J.  "malfunction" means any air pollution control equipment, process equipment or process which fails to operate in the  manner or for the purpose for which it was designed;

    K.  "modification" or "to modify" means to make any physical change in, or change in the method of operation of, a stationary source which results in an increase in the pre-controlled emission rate of any regulated air contaminant emitted by the source or which results in the emission of any regulated air contaminant not previously emitted. Relocation of a portable stationary source that is subject to subsection 20.01, unless within specified permit conditions, shall be considered a modification.  These terms do not include:

       1.  a change in ownership of the source;

       2.  routine maintenance, repair or replacement;

       3.  installation of air pollution control equipment, and all related process equipment and materials necessary for its operation, undertaken for the purpose of complying with regulations adopted by the board or pursuant to the federal Clean Air Act; or

       4.  unless previously limited by enforceable permit conditions:

         a.  an increase in the production rate, if such increase does not exceed the operating design capacity of the source;

         b.  an increase in the hours of operation; or

         c.  use of an alternative fuel or raw material if prior to January 6, 1975, the source was capable of accommodating such fuel or raw material, or if use of an alternate fuel or raw material is caused by any natural gas curtailment or emergency allocation or any other lack of supply of natural gas;

    L.  "National Ambient Air Quality Standard" means the primary (health based) and secondary (welfare-related) federal ambient air quality standards promulgated by the federal environmental protection agency pursuant to Section 109 of the federal Clean Air Act;

    M.  "National Emission Standards for Hazardous Air Pollutants" or "NESHAP" means the regulatory requirements, guidelines and  emission limitations promulgated by the federal environmental protection agency pursuant to Section 112 of the federal Clean Air Act;

    N.  "New Source Performance Standard" or "NSPS" means the regulatory requirements, guidelines and emission limitations promulgated by the federal environmental protection agency pursuant to Section 111 of the federal Clean Air Act;

    O.  "nonattainment area" means for any air contaminant-an area which is shown by monitoring data or which is calculated by air quality modeling (or other methods determined by the director of the Department or the administrator of the federal environmental protection agency to be reliable) to exceed either a state or National Ambient Air Quality Standard for such contaminant, including, but not limited to areas identified under Section 107 (d) (1) (A) through (C) of the Federal Clean Air Act.

    P.  "operator" means the specific local organization or subdivision of the firm or person, whether private, corporate, or public, that manages, on location, the operations of the stationary source.

    Q.  "permit" means a document issued by the Department, pursuant to the Air Quality Control Act 74-2-7, that authorizes a person, desiring to commence construction, to proceed subject to certain constraints, emissions limitations, and conditions.

    R.  "permittee" means the person or duly authorized representative thereof to whom the authority-to-construct permit has been issued pursuant to the provisions of this regulation.

    S.  "portable stationary source" means a source which can be relocated to another operating site with limited dismantling and reassembly, including for example, but not limited to, movable sand and gravel processing operations and asphalt plants;

    T.  "pre-controlled emission rate" means the hypothetical emission rate that the source might have if operated at its maximum process capability and if there were no air pollution controls  except those essential to production of product or to normal operation of the source.  This phrase is frequently referred to as uncontrolled emission rate.

    U.  "regulated air contaminant" means any airborne substance, the emission or ambient concentration of which is regulated pursuant to the New Mexico Air Quality Control Act or the federal Clean Air Act;

    V.  "Significantly Impact" means to pollute such that ambient contaminant concentrations including background, as indicated by modeling techniques authorized by the Department, exceed any of the significance levels listed in Table 1.

    W.  "startup" means to put the stationary source, as constructed or modified under a permit pursuant to this regulation, into operation complete with operable air pollution controls, whereby the process equipment or process performs for the purpose intended.  Such operation may be cyclic in response to on-off controls.  Repetition of cycles is not considered as startup for the purpose of this regulation.

    X.  "shutdown" means the cessation of operation of a stationary source wherein the air pollution controls are deactivated and the process is not activated to perform the purpose for which it was intended.  Brief interruptions of operation that are normal for the kind of source that operates in cyclic rather than near steady state mode are not considered as shutdown for the purpose of this regulation.

    Y.  "Stationary Source" or "Source" means a point of origin of air contaminant emissions which is configured as a permanently or temporarily immobile facility, building, or structure that houses, contains, or otherwise supports the installation of operating equipment or processes.


  Table 1.  SIGNIFICANT AMBIENT CONCENTRATIONS - Averaging Time - (concentrations are in ug/m3)

********** end Albuquerque Regulation No. 20 *******87l**