Regulatory Text: 
REGULATION NO. 29.  PREVENTION OF SIGNIFICANT DETERIORATION

(Approved by EPA 12/21/93 (58 FR 67333) at 52.1620(c)(53) effective 01/20/94.)

Outline

Sec.
A.   Applicability
B.   Exemptions
C.   Source Obligation
D.   Source Information
E.   Control Technology
F.   Ambient Impact Requirements
G.   Additional Impact Analyses
H.   Ambient Air Quality Modeling
I.   Monitoring Requirements
J.   Stack Height Credit
K.   Temporary Source Exemptions
L.   Public Participation and Notification
M.   Restrictions on Area Classifications
N.   Exclusions from Increment Consumption
O.   Additional Requirements for Sources
       Impacting Federal Class I Areas
P.   Definitions

Table 1.  PSD SOURCE CATEGORIES
Table 2.  SIGNIFICANT EMISSION RATES
Table 3.  SIGNIFICANT MONITORING CONCENTRATIONS
Table 4.  ALLOWABLE PSD INCREMENTS
Table 5.  MAXIMUM ALLOWABLE INCREASES FOR CLASS I WAVERS
Table 6.  MAXIMUM ALLOWABLE INCREASES FOR SULFUR
            DIOXIDE WAIVER BY GOVERNOR


A.   APPLICABILITY

     Any person constructing any new major stationary source or major modification, as defined in this regulation, that emits or will emit regulated pollutants in an attainment or unclassified area shall obtain a permit from the department in accordance with the requirements of this regulation prior to the construction or modification.


B.   EXEMPTIONS

     This regulation shall not apply to:

     1.   Each regulated pollutant emitted for which the area the source proposes to locate in is designated as nonattainment.  See Regulation 20.

     2.   Sources or modifications that are part of a nonprofit health or nonprofit educational institution and are approved by the Board; or

     3.   A portable stationary source which has previously received a PSD permit; and

          (a)  The owner or operator proposes to relocate the source, and emissions of the source at the new location are temporary; and

          (b)  The emissions from the source would not exceed its allowable emission rate; and

          (c)  The owner or operator demonstrates that the emissions from the source would not impact any Class I area nor any area where an applicable increment is known to be violated; and

          (d)  Reasonable notice is given to the department prior to the relocation identifying the proposed new location and probable duration of operation at the new location.  Such notice shall be given to the department not less than 15 days in advance of the proposed relocation unless a different time interval is previously approved by the department.

     4.   A source or modification that would be major only if fugitive emissions, to the extent they are quantifiable, are considered in calculating the potential to emit or net emissions increase, and the source does not belong to:

          (a)  Any category in Table 1; or

          (b)  Any other stationary source category which on or after August 7, 1980, is being regulated under Section 111 or 112 of the Act.


C. SOURCE OBLIGATION

     1.  Any owner or operator who begins actual construction or operates a source or modification without, or not in accordance with, a permit issued under the requirements of this regulation shall be subject to enforcement action.

     2.  The issuance of a permit does not relieve any person from the responsibility of complying with the provisions of the Air Quality Control Act, Sections 74-2-1 to 74-2-17, NMSA 1978, any applicable regulations of the Board and any other requirements under local, state, or federal law.

     3.  Approval to construct shall become invalid if construction is not commenced within 18 months after receipt of such approval, if construction is discontinued for a period of 18 months of more, or if construction is not completed within a reasonable time.  For a phased construction project, each phase must commence construction within 18 months of the projected and approved commencement date.  The director may extend the 18-month period upon a satisfactory showing that an extension is justified.

     4.  If a source or modification becomes a major stationary source or modification solely due to a relaxation in any enforceable limitation which limitation was established after August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then this regulation shall apply to the source or modification as though construction had not yet commenced.


D.   SOURCE INFORMATION

     The owner or operator of a proposed source or modification, subject to this regulation, shall submit all information necessary to perform any analysis or make any determination required under this regulation.  Information shall include, but is not limited to:

     1.   A description of the nature, location, design capacity, and typical operating schedule of the source or modification, including specifications and drawings showing the design, plant layout; and

     2.   A detailed schedule of construction of the source or modification; and

     3.   A detailed description of the planned system of continuous emission reduction for the source or modification, emission estimates, and other information necessary to determine that best available control technology will be applied.

     4.  Upon request by the department, the owner or operator shall also provide information on:

         (a)  The air quality impact of the source or modification, including meteorologic and topographic data necessary to estimate such impact; and

         (b)  The air quality impacts, and the nature and extent of any or all general commercial, residential, industrial, and other growth which has occurred since August 7, 1977, in the area the source or modification would affect.


E.   CONTROL TECHNOLOGY REVIEW

     1.  A new major stationary source shall apply best available control technology for each regulated pollutant that it would have the potential to emit in amounts equal to or greater than the significance levels as listed in Table 2. This requirement applies to each proposed emissions unit or operation that will emit such pollutant.

     2.  A major modification shall apply best available control technology for each regulated pollutant which would result at the source in a significant net emissions increase as defined in this regulation.  This requirement applies to each proposed emissions unit or operation where a net emissions increase in the pollutant would occur as a result of a physical change or change in the method of operation in the unit.

     3.  For phased construction projects, the determination of best available control technology shall be reviewed and modified as appropriate at the least reasonable time but no later than 18 months prior to commencement of construction of each independent phase of the project.  At such time, the owner or operator of the applicable stationary source may be required to demonstrate the adequacy of any previous determination of best available control technology for the source.

     4.  The department may approve a system of innovative control technology for the major stationary source or major modification if:

          (a)  The proposed control system would not cause or contribute to an unreasonable risk to public health, welfare, or safety in its operation or function; and

          (b)  The owner or operator agrees to achieve a level of continuous emissions reduction equivalent to that which would have been required under best available control technology by a date specified by the department.  Such date shall not be later than 4 years from the time of startup or 7 years from permit issuance; and

          (c)  The source or modification would meet the requirements of this section and Section F of this regulation based on the emission rate that the system of innovative control technology would be required to meet on the date specified by the department; and

          (d)  The source or modification would not, during the interim period of achieving the permitted emission level:

               (i)  Cause or contribute to a violation of an applicable national ambient air quality standard; nor

               (ii)  Impact any Class I area; or

               (iii)  Impact any area where an applicable increment is known to be violated; and

          (e)  All other applicable requirements including those for public participation have been met.

     5.   The department shall withdraw any approval to employ a system of innovative control technology if:

          (a)  The proposed system fails by the specified date to achieve the required continuous emissions reduction rate; or

          (b)  The proposed system fails before the specified date so as to contribute to an unreasonable risk to public health, welfare, or safety; or

          (c)  The department decides at any time that the proposed system is unlikely to achieve the required level of control or to protect the public health, welfare, or safety.

     6.   If a source or modification fails to meet the required level of continuous emission reduction within the specified time period or the approval is withdrawn in accordance with the Paragraph E.5., the department may allow the source or modification up to an additional 3 years to meet the requirement for the application of best available control technology through use of a demonstrated system of control.

     7.   If the owner or operator of a major stationary source or major modification previously issued a permit under this regulation applies for an extension as provided for under C.3, and the new proposed date of construction is greater than 18 months from the date the permit would become invalid, the determination of best available control technology shall be reviewed and modified as appropriate before such an extension is granted.  At such time, the owner or operator of the applicable stationary source nay be required to demonstrate the adequacy of any previous determination of best available control technology for the source.

     8.   With respect to PM10, for the case where PM10 emissions cannot be quantified, the best available control technology limitation may be defined in terms of particulate matter emissions.


F.   AMBIENT IMPACT REQUIREMENT

     1.   The requirements of this section shall apply to each pollutant emitted by a new major stationary source or major modification in amounts equal to or greater than those in Table 2.

     2.   The allowable emission increases from the proposed source or modification, including secondary emissions, in conjunction with all other applicable emissions increases or reductions, including secondary emissions, shall not cause or contribute to air pollution in violation of:
          (a)  Any National Ambient Air Quality Standard in any location; or

          (b)  Any applicable maximum allowable increase as shown in Table 4 over the baseline concentrations in any area.

     3.   The owner or operator of the proposed major stationary source or major modification shall demonstrate that neither F.2.a nor F.2.b will occur.


G.   ADDITIONAL IMPACT REQUIREMENTS

     1.   The owner or operator shall provide an analysis of the impairment to visibility, soils, and vegetation that would occur as a result of the source or modification and general commercial, residential, industrial, and other growth associated with the source or modification.  The owner or operator need not provide an analysis of the impact on vegetation having no significant commercial or recreational value.  The analysis can utilize data or information available from the department.

     2.   The owner or operator shall also provide an analysis of the air quality impact projected for the area as a result of general commercial, residential, industrial, and other growth associated with the source or modification.


H.   AMBIENT AIR QUALITY MODELING

     All estimates of ambient concentrations required by this regulation shall be based on applicable air quality models, data bases, and other requirements as specified in EPA's Guideline on Air Quality Models, or any superseding EPA document, and approved by the department.  Where an air quality impact model specified in the Guideline on Air Quality Model is inappropriate, the model may be modified or another model substituted.  Any substitution or modification of a model must be approved by the department, and notice shall be given by the department of such a substitution or modification and the opportunity for public comment provided for in fulfilling the public notice requirements in Subsection L.2 of this regulation.  The department will seek EPA approval of such substitutions or modifications.


I.   MONITORING REQUIREMENTS

     1.   Any application for a permit under this regulation shall contain an analysis of ambient air quality as measured by the applicant or, if available, from the appropriate government agency with jurisdiction of the area affected by the major stationary source or major modification as follows:

          (a)  For a major stationary source, each pollutant that it would have the potential to emit in an amount equal to or greater than the significance levels as listed in Table 2; or

          (b)  For a major modification, each pollutant that would result in a significant net emission increase listed in Table 2.

     2.   If no National Ambient Air Q assess ambient air quality for that pollutant.

     3.   Continuous air quality monitoring data shall be required for all pollutants for which a National Ambient Air Quality Standard exists.  Such data shall be submitted to the department for at least the one-year period prior to receipt of the permit application.  The department has the discretion to:

          (a)  Determine a complete and adequate analysis can be accomplished with monitoring data gathered over a period shorter than one year but no less than four months; or

          (b)  Determine that existing air quality monitoring data is representative of air quality in the affected area and accept such data in lieu of additional monitoring by the applicant.

     4.   Ozone monitoring shall be performed if monitoring data is required for volatile organic compounds.  Post construction ozone monitoring data may be submitted in lieu of providing preconstruction data as required under I.3, if the owner or operator of the proposed major source or major modification satisfies all the provisions of 40 CFR 51, Appendix S, Section IV.

     5.   The department may require monitoring of visibility in any Class I area where the department determines an adverse impact on visibility may occur due primarily to the operations of the proposed new source or modification. Such monitoring shall be conducted following procedures approved by the Department and subject to the following:

          (a)  Visibility monitoring methods specified by the department shall be reasonably available and not require any research and development; and

          (b)  The cost of visibility monitoring required by the department shall not exceed 50 percent of the cost of ambient monitoring required by this regulation.  If ambient monitoring is not required, the cost shall be estimated as if it were required for each pollutant for which this regulation applies.

          (c)  Both preconstruction and post construction visibility monitoring may be required.  In each case, the duration of such monitoring shall not exceed one year.

     6.   The owner or operator of a major stationary source or major modification shall conduct post construction ambient monitoring as the department determines is necessary to validate that ambient air quality standards are not exceeded and to assure that increments are not exceeded.

     7.   The owner or operator of a major stationary source or major modification shall meet the requirements of 40 CFR 58, Appendix B during the operation of monitoring stations for purposes of satisfying the requirements of this section.

     8.   The department has the discretion to exempt a stationary source or modification from the requirements of this section with respect to monitoring for a particular pollutant if the emissions of the pollutant from the new source or the net emissions increase of the pollutant from the modification would cause, in any area, increases in ambient concentrations less than the levels listed in Table 3.

     9.   The department has the discretion to exempt a stationary source or modification from the requirements of this section with respect to preconstruction monitoring for a particular pollutant if:

          (a)  For ozone, volatile organic compound emissions are less than 100 tons per year; or

          (b)  The air pollutant is not a regulated pollutant; or

          (c)  The existing ambient concentrations of the pollutant in the area affected by the source or modification are less than the concentrations listed in Table 3.


J.   STACK HEIGHT CREDIT

     The Department shall review all applications in accordance with the provisions of Air Quality Control Regulation Number 33 - Stack Height Requirements.


K.   TEMPORARY SOURCE EXEMPTIONS

     The requirements of Sections G and I of this regulation shall not apply to a temporary source subject to this regulation for a given pollutant if the allowable emissions of such pollutant would not impact any Class I area or any areas where an applicable increment is violated and would be temporary.


L.   PUBLIC PARTICIPATION AND NOTIFICATION

     1.   The department shall notify all applicants within 30 days as to the completeness of the application or any deficiency in the application or information submitted.  In the event of such a deficiency, the date an application is ruled complete shall be the date on which the department receives all requires information.

     2.   Within 120 days, or within 180 days if a public hearing is held, after receipt of a complete application, the department shall:

          (a)  Make a preliminary determination whether construction should be approved, approved with conditions, or disapproved.

          (b)  Make available to the public a copy of all materials the applicant submitted, a copy of the preliminary determination, and a copy or summary of other materials, if any, considered in making the preliminary determination.

          (c)  Notify the public by advertisement in a newspaper of general circulation in the area in which the proposed source would be constructed of the application, the preliminary determination, the degree of increment consumption that is expected from the source or modification, and of the opportunity for comment at a public hearing as well as written public comment.  The public comment period shall be for thirty days from the date of such advertisement.

          (d)  Send a copy of the notice of public comment to the applicant, the Administrator and to officials and agencies having jurisdiction over the location where the proposed construction would occur as follows:  the state Environmental Improvement Division, the chief executives of the city and county where the source would be located, any comprehensive regional land use planning agency, Federal Land Manager, or Indian governing body whose lands may be affected by emissions from the source or modification.

          (e)  Provide opportunity for a public hearing for interested persons to appear and submit written or oral comments on the air quality impact of the source and other appropriate considerations.

          (f)  Consider all written comments submitted within a time specified in the notice of public comment and all comments received at any public hearing(s) in making a final decision on the approvability of the application.  The department shall make all comments available for public inspection in the same locations where the department made available preconstruction information relating to the source.

          (g)  Make a final determination whether construction should be approved, approved with conditions, or disapproved.

          (h)  Notify the applicant in writing of the final determination and make such notification available for public inspection at the same location where the department made available preconstruction information and public comments relating to the source.


M.   RESTRICTIONS ON AREA CLASSIFICATIONS

     1.   The following areas which were in existence on August 7, 1977, shall be mandatory Class I areas and may not be redesignated:

          (a)  National wilderness areas which exceed 5,000 acres in size; or

          (b)  National parks which exceed 6,000 acres in size.

     2.   The following areas may be redesignated only as Class I or II;

          (a)  An area which exceeds 10,000 acres in size and is a national monument, national primitive area, national preserve, national recreational area, national wild and scenic river, national wildlife refuge; or

          (b)  A national park or national wilderness area established after August 7, 1977, which exceeds 10,000 acres in size.


N.   EXCLUSIONS FROM INCREMENT CONSUMPTION

     Following a public hearing, the Board may exclude the following concentrations in determining compliance with a maximum allowable increase:

     1.   Concentrations due to the increase in emissions from stationary sources which have converted from the use of petroleum products, natural gas, or both by reason of an order in effect under Sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) over the emissions from such sources before the effective date of such an order.  This exclusion shall not apply more than five years after the effective date of such an order; or

     2.   Concentrations due to the increase in emissions from sources which have converted from using natural gas by reason of a natural gas curtailment plan in effect pursuant to the Federal Power Act over the emissions from such sources before the effective date of such plan. This exclusion shall not apply more than five years after the effective date of such a plan; or

     3.   Concentrations of particulate matter due to the increase in emissions from construction or other temporary emission-related activities of new or modified sources; or

     4.   The increase in concentrations due to new sources outside the United Sates over the concentrations attributed to existing sources which are included in the baseline concentrations.

O.   ADDITIONAL REQUIREMENTS FOR SOURCES IMPACTING 
     FEDERAL CLASS I AREAS

     1.   The department shall transmit to the Administrator and the Federal Land Manager a copy of each permit application relating to a major stationary source or major modification proposing to locate within 100 kilometers of any Federal Class I area within thirty days of the receipt of the application and sixty days prior to any public hearing on the application.  The department shall include all relevant information to the permit application.  Relevant information shall include an analysis of the proposed source's anticipated impacts on visibility in the Federal Class I area.  The department shall consult with all affected Federal Land Managers as to the completeness of the permit application and shall consider any analysis performed by the Federal Land Manager concerning the impact of the proposed major stationary source or major modification on air quality related values, including visibility, if such analysis is received in thirty (30) days after the Federal Land Manager receives a copy of the complete application.  Additionally, the department shall notify any affected Federal Land Manager within thirty (30) days from the date the department receives a request for a pre-application meeting from a proposed source subject to this regulation.  Notice shall be provided to the Administrator and Federal Land Manager of every action related to the consideration of such permit.  The department shall also provide the Federal Land Manager and the Administrator with a copy of the preliminary determination required under Section L and shall make available to them any materials used in making that determination.  In any case where the department disagrees with the Federal Land Manager's analysis of source impact on air quality related values, the department shall either explain its  decision or give notice to the Federal Land Manager as to where  the explanation can be obtained.  In the case where the department disagrees with the Federal Land Managers' analysis,  the department will also explain its decision or give notice to  the public by advertisement in a newspaper of general circulation in the area in which the area in which the proposed source would be constructed as to where the decision can be obtained.

     2.   The department shall transmit to air quality control agencies of neighboring states and Indian governing bodies a copy of each permit application having the potential to affect Class I  areas or increment consumption in areas under their jurisdiction.  The department shall also provide the affected air quality control agencies and Indian governing bodies with a copy of the preliminary determination required under Section L and shall make available to them any materials used in making that determination.  The Department shall include a provision for a sixty day comment period for the Federal Land Managers before any public hearing on a permit application is held.

     3.    The Federal Land Managers may demonstrate to the department that the emissions from a proposed source or modification would have an adverse impact on the air quality related values, including visibility, of any Class I lands under their jurisdiction, even though the change in air quality resulting form emissions from the proposed source or modification would not cause or contribute to the concentrations which would exceed the maximum allowable increases for a Class I area.  If the department concurs with this demonstration, then a permit shall not be issued.

     4.   Class I waivers.   The owner or operator of a proposed source or modification may demonstrate to the Federal Land Manager that the emissions from a proposed source or modification would have no adverse impact on the air quality related values, including visibility, of Class I lands under his jurisdiction, even though the change in air quality resulting from emissions from such source or modification would cause or contribute to concentrations which would exceed the maximum allowable increases for a Class I area.  If the Federal Land Manager concurs with such demonstration and so certifies to the Department, the Department may grant a waiver from such maximum allowable increases.  Emission limitations must be included in the permit as necessary to assure that emissions of sulfur dioxide, particulate matter, and nitrogen oxides would not exceed the maximum allowable increases over minor source baseline concentrations shown in Table 5.

     5.   For the case where the Federal Land Manager does not perform an impact analysis with respect to visibility impairment in a Class I area, the department may perform such an analysis.  The department shall not issue a permit if it determines that an adverse impact on visibility would occur primarily due to the operation of the proposed source or modification.

     6.   Sulfur Dioxide Waiver by Governor.   The owner or operator of a proposed major stationary source or major modification which cannot be approved under Subsection 0.4 may demonstrate to the Governor that the source cannot be constructed by reason of an exceedance of a maximum allowable increase for a Class I area for sulfur dioxide for a period of twenty-four hours or less.  The owner or operator may also demonstrate that a waiver from this requirement would not adversely affect the air quality related values of the Class I area.  The Governor, after consideration of the Federal Land Manager's recommendation and subject to his concurrence, may, after notice and public hearing, grant a waiver from such maximum allowable increase.  If the waiver is granted, the department shall issue a permit to the source or modification.  Any source or modification that obtains a permit under this section shall comply with sulfur dioxide emissions limitations that do not allow increases of ambient concentrations above the baseline concentration to exceed the levels found in Table 6 for periods of 24 hours or less for more than 18 days, not necessarily consecutive, in any annual period.

     7.   Sulfur Dioxide Waiver by Governor with the President's Concurrence.  In any case where the Governor recommends a waiver in which  the Federal Land Manager does not concur, the recommendations of the Governor and the Federal Land Manager shall be transmitted to the President through the office of the Governor.  If the President so directs, the department shall issue the permit.  Any source or modification that obtains a permit under this section shall comply with sulfur dioxide emissions limitations that do not allow increases in ambient concentrations above the baseline concentration to exceed the levels found in Table 6 for periods of 24 hours or less for more than 18 days, not necessarily consecutive, in any annual period.


P.   DEFINITIONS

     As used in this regulation:

     1.   "Act" means the Federal Clean Air Act, 42 U.S.C., Sections 7401 through 7642;

     2.   "Actual emissions" means the actual rate of emissions of a pollutant from an emission unit, as determined in accordance with the criteria as follows:

          (a)  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 two-year period which precedes the particular date and which is representative of normal source operation.  The director shall allow the use of a different time period on 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;

          (b)  The director may determine that the source-specific allowable emissions for the unit are equivalent to the actual emissions of the unit;

          (c)  For any emissions unit which has not begun normal operation on the particular date, actual emissions shall equal the potential to emit of the unit on that date;

     3.   "Administrator" means the Administrator of the U.S. Environmental Protection Agency or an authorized representative;

     4.   "Adverse Impact on Visibility" means visibility impairment which interferes with the management, protection, preservation, or enjoyment of the visitor's visual experience of the 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:

          (a)  Times of visitor use of the Federal class I area; and

          (b)  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;

     5.   "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:

         (a)  The applicable standards as set forth in 40 CFR, Parts 60 and 61;

         (b)  The applicable State Implementation Plan emissions limitation, including those with a future compliance date; or

         (c)  The emissions rate specified as a federally enforceable permit condition, including those with a future compliance date;

     6.   "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;

     7.   "Baseline area" means, all lands designated as attainment or unclassifiable under Section 107(d)(1)(D) or (E) of the Act within each federal air quality control region in the State of New Mexico in which the major source or major modification establishing the minor source baseline date would construct or would have an air quality impact equal to or greater than 1 ug/m^3(annual average) of the pollutant for which the minor source baseline date is established;

     8.   "baseline concentration" means, that ambient concentration level which exists in the baseline area at the time of the applicable minor source baseline date.  A baseline concentration is determined for each pollutant for which a minor source baseline date is established and shall include:

          (a)  The actual emissions representative of sources in existence on the applicable minor source baseline date except as provided in 8.(c) of this section;

          (b)  The allowable emissions of major stationary sources which commenced construction before the major source baseline date but were not in operation by the applicable minor source baseline date;

          (c)  The following will not be included in the baseline concentration and will affect the applicable maximum allowable increase(s):

               (i)  Actual emissions from any major stationary source on which construction commenced after the major source baseline date; and

               (ii)  Actual emission increases and decreases at any stationary source occurring after the minor source baseline date;

     9.   "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 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;

    10.  "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 the director, 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 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, or any New Mexico Air Quality Control Regulation.  If the director determines that technology 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;

     11.  "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 Manual, 1972, as amended by the 1977 Supplement (U.S. Government Printing Office Stock Numbers 4101-0066 and 003-005-00176-0, respectively);

     12.  "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;

     13.  "Commence" means, as applied to construction of a major stationary source or major modification that an owner or operator has all necessary preconstruction approvals or permits and has:

          (a)  Begun, or caused to begin, a continuous program of actual on-site construction of the source, to be completed within a reasonable time; or

          (b)  Has entered into a binding contractual obligation, which cannot be canceled or changed without substantial loss to the owner or operator, to undertake and complete, within a reasonable time, a continuous program of actual construction.

     14.  "Complete" means, in reference to an application for a permit, that the application contains all of the information necessary for processing the application;  

     15.  "Emissions unit" means, any part of a stationary source which emits or would have the potential to emit, any pollutant subject to regulation under the Act;

     16.  "Federal Class I Area" means, any Federal land that is classified or reclassified as "Class I."

     17.  "Federal Land Manager" means, with respect to any lands in the United States, the secretary of the department with authority over such lands;

     18.  "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;

     19.  "Fugitive emissions" means, those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening;

     20.  "High terrain" means, any area having an elevation 900 feet or more above the base of the stack of a source;

     21.  "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 Sates as possessing power of self-government;

     22.  "Innovative Control Technology" means, any system of air pollution control that has not been adequately demonstrated in practice, but 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;

     23.  "Low terrain" means, any area other than high terrain;

     24.  "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 net emissions increase of any regulated pollutant.  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;

     25.  "Major source baseline date" means:

          (a)  In the case if particulate matter and sulfur dioxide, January 6, 1975; and

          (b)  In the case of nitrogen dioxide, February 8, 1988;

     26.  "Major stationary source" means:

          (a)  Any stationary source listed in Table 1 which emits of has the potential to emit emissions equal to or greater than 100 tons per year of any regulated pollutant; or

          (b)  Any stationary source not listed in Table 1 and which emits or has the potential to emit 250 tons per year or more of any regulated pollutant; or

          (c)  Any physical change that would occur at a stationary source not otherwise qualifying under 26.a. or b. of this section if the change would constitute a major stationary source by itself;

          (d)  Any major stationary source or modification to an existing stationary source that is major for volatile organic compounds shall be considered major for ozone;

          (e)  the fugitive emissions of a stationary source shall not be included in determining, for any of the purposes of Section P, whether if is a major stationary source, unless the source belongs to one of the source categories listed in Table 1.

     27.  "Mandatory Class I Federal Area" means, any area identified in the Code of Federal Regulations, Title 40 Part 81, Subpart D.

     28.  "Minor source baseline date" means the earliest date after the trigger date on which a major stationary source or major modification subject to 40 CFR 52.21 or to this regulation submits a complete application under the relevant regulations.  The trigger date is:

          (a)  In the case of particulate matter and sulfur dioxide, August 7, 1977; and

          (b)  In the case of nitrogen dioxide, February 8, 1988;

     29.  "Natural conditions" includes naturally occurring phenomena that reduce visibility as measured in terms of visual range, contrast or coloration.

     30.  "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;

     31.  "Net emissions increase" means,

          (a)  the amount by which the sum of the following exceeds zero:

                (i)  Any increase in actual emissions from a particular physical change or change in method of operation at a stationary source: and

               (ii)  Any other increases and decreases in actual emissions at the source that are contemporaneous with the particular change and are otherwise creditable.  An increase or decrease in actual emissions is contemporaneous with the increase from a 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;

          (b)  An increase or decrease in actual emissions is creditable only if either the Department or the Administrator has not relied on it in issuing a permit for the source under this section, which permit is in effect when the increase in actual emissions from the particular change occurs;

          (c)  An increase or decrease in actual emissions of sulfur dioxide, particulate matter or nitrogen oxides which 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;

          (d)  An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level;

          (e)  A decrease in actual emissions is creditable only to the extent that:

               (i)  The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions; and

               (ii)  It is federally enforceable at and after the time that actual construction on the particular change begins; and

               (iii)  It has approximately the same effect on ambient air quality or health and welfare as that attributed to the increase from the particular change;

          (f)  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;

    32.  "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 the U. S. Environmental Protection Agency;

    33.  "Portable stationary source" means, a source which can be relocated to another operating site with limited dismantling and reassembly.

    34.  "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;

    35.  "Regulated pollutant" means, any air pollutant, the emission or ambient concentration of which is regulated pursuant to the New Mexico Air Quality Control Act or the Federal Clean Air Act;

    36.  "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 form 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.

    37.  "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;

    38.  "Stationary source" means, any building, structure, facility, or installation which emits or may emit any regulated pollutant;

    39.  "Temporary source" means a stationary source which changes its location or ceases to exist within two years from the date of the initial start of operations;

    40.  "Visibility impairment" means any humanly perceptible change in visibility (visual range, contrast, coloration) from that which would have existed under natural conditions.

    41.  "Volatile Organic Compound (VOC)" means, any organic compound which participates in atmospheric photochemical reaction; that is, any organic compound other than those which the Administrator designates as having negligible photochemical reactivity.


Tables

List of Tables

Table 1.  PSD SOURCE CATEGORIES
Table 2.  SIGNIFICANT EMISSION RATES
Table 3.  SIGNIFICANT MONITORING CONCENTRATIONS
Table 4.  ALLOWABLE PSD INCREMENTS
Table 5.  MAXIMUM ALLOWABLE INCREASES FOR CLASS I WAVERS
Table 6.  MAXIMUM ALLOWABLE INCREASES FOR SULFUR
            DIOXIDE WAIVER BY GOVERNOR


Table 1.  PSD SOURCE CATEGORIES

1.   Fossil fuel-fired steam electric plants of more
       than 250 million Btu/hr heat input
2.   Coal cleaning plants (with thermal dryers)
3.   Kraft pulp mills
4.   Portland cement plants
5.   Primary zinc smelters
6.   Iron and steel mill plants
7.   Primary aluminum ore reduction plants
8.   Primary copper smelters
9.   Municipal incinerators capable of charging
       more than 50 tons of refuse per day
10.  Hydrofluoric acid plants
11.  Sulfuric acid plants
12.  Nitric acid plants
13.  Petroleum refineries
14.  Lime plants
15.  Phosphate rock processing plants
16.  Coke oven batteries
17.  Sulfur recovery plants
18.  Carbon black plants (furnace process)
19.  Primary lead smelters
20.  Fuel conversion plants
21.  Sintering plants
22.  Secondary metal production plants
23.  Chemical process plants
24.  Fossil fuel boiler (or combinations thereof)
       totaling more than 250 million Btu/hr heat input
25.  Petroleum storage and transfer units with a
       total storage capacity exceeding 300,000 barrels
26.  Taconite ore processing plants
27.  Glass fiber processing plants
28.  Charcoal production plants


Table 2.  SIGNIFICANT EMISSION RATES

 

(a) Volatile Organic Compounds 



Table 3.  SIGNIFICANT MONITORING CONCENTRATIONS
 

Pollutant	Air Quality Concentration in Micrograms per cubic meter and Averaging Time
Carbon monoxide	575 (8-hour)
Nitrogen dioxide	14 (Annual)
Sulfur dioxide	13 (24-hour)
Particulate matter
TSP	10 (24-hour)
PM10	10 (24-hour)
Ozone	a
Lead	0.1 (3-month)
Asbestos	b
Beryllium	0.001 (24-hour)
Mercury	0.25 (24-hour)
Vinyl chloride	15 (24-hour)
Fluorides	0.25 (24-hour)
Sulfuric acid mist	b
Total reduced sulfur   (including H2S)	10 (1-hour)
Reduced sulfur (1-hour) (including H2S)	10 (1-hour)
Hydrogen sulfide (1-hour)	0.20 (1-hour)

a.  No specific air quality concentration for ozone is prescribed.    
Exemptions are granted when a source's VOC emissions are less than 100
tons/year.                                                            
                                                                      
b.  No acceptable monitoring techniques available at this time.       
Therefore, monitoring is not required until acceptable techniques are 
available.                                                            
                                                                      


Table 4.  ALLOWABLE PSD INCREMENTS
 

Table 5.  MAXIMUM ALLOWABLE INCREASES FOR CLASS I WAVERS
                                                                     

                                                                      
Table 6.  MAXIMUM ALLOWABLE INCREASE (ug/m^3) FOR SULFUR DIOXIDE WAIVER BY GOVERNOR

                                                                     

******** end Albuquerque Regulation No. 29 *********87l**