Regulatory Text: 
            NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD
              P.O. BOX 26110/1190 ST. FRANCIS DRIVE
                 SANTA FE, NEW MEXICO  87502-0110


TITLE 20       ENVIRONMENTAL PROTECTION
CHAPTER 2      AIR QUALITY

PART 74        PERMITS -- PREVENTION OF SIGNIFICANT 
               DETERIORATION (PSD)

(Approved by EPA 10/15/96 (61 FR 53642) at 52.1620(c)(62) effective 12/16/96. Dates in brackets within the regulation are State effective dates.)


                        TABLE OF CONTENTS

SUBPART I:  GENERAL PROVISIONS
     100. Issuing agency
     101. Scope
     102. Statutory authority
     103. Duration
     104. Effective date
     105. Objective
     106. Amendment and supersession
     107. Definitions
     108. Restrictions on area classifications
     109. Documents
     110-199. [Reserved]

SUBPART II:  APPLICABILITY
     200. Applicability
     201. Exemptions
     202-299. [Reserved]

SUBPART III:  SOURCE REQUIREMENTS
     300. Obligations of owners or operators of sources
     301. Source information
     302. Control technology requirements
     303. Ambient impact requirements
     304. Additional ambient impact requirements
     305. Ambient air quality modeling
     306. Monitoring requirements
     307. Temporary source exemptions
     308-399. [Reserved]

SUBPART IV:  PERMIT REVIEW AND PROCESSING
     400. Public participation and notification
     401. Stack height credit
     402. Exclusions from increment consumption
     403. Additional requirements for sources impacting
          Class I Federal areas

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 WAIVERS
     TABLE 6.  MAXIMUM ALLOWABLE INCREASE FOR SULFUR 
                 DIOXIDE WAIVER BY GOVERNOR



                  SUBPART I - GENERAL PROVISIONS

100. ISSUING AGENCY:  New Mexico Environmental Improvement Board.  [7-20-95]

101. SCOPE:  Any person constructing any new major stationary source or major modification as defined in this Part, that emits or will emit regulated pollutants in an attainment or unclassified area.  [7-20-95]

102. STATUTORY AUTHORITY:  The Environmental Improvement Board "shall promulgate regulations and standards in...air quality management" (NMSA 1978, Section 74-1-8.A) and "the environmental improvement board...shall adopt...regulations to attain and maintain national ambient air quality standards and prevent or abate air pollution..." (NMSA 1978, Section 74-2-5.B).  [7-20-95]

103. DURATION:  Permanent.  [7-20-95]

104. EFFECTIVE DATE:  July 20, 1995.  [7-20-95]

105. OBJECTIVE:  The purpose of this Part is to require any person constructing any new major stationary source or major modification as defined in this Part, that emits or will emit regulated pollutants in an attainment or unclassified area, to obtain a permit from the Department in accordance with the requirements of this Part prior to the construction or modification. [7-20-95]

106. AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS:  This Part amends and supersedes Air Quality Control Regulation (AQCR) 707, which was originally filed on February 14, 1984, and subsequently refiled on July 15, 1986; August 1, 1988; and May 29, 1990.  All references to AQCR 707 in any other rule shall be understood as a reference to this Part.  [7-20-95]

107. DEFINITIONS:  Terms used but not defined in this Part shall have the meaning given them by  20 NMAC 2.2 -- Definitions (formerly AQCR 100).  As used in this Part:  [7-20-95]

     A.   "Act" means the Federal Clean Air Act, as amended, 42 U. S. C. Sections 7401 et seq.  [7-20-95]

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

          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 two-year period which precedes the particular date and which is representative of normal source operation.  The Secretary 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 Secretary may determine that the source-specific allowable emissions for the unit are equivalent to the actual emissions of the unit;

          3.   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.  [7-20-95]

     C.   "Administrator" means the Administrator of the U.S. Environmental Protection Agency (EPA) or an authorized representative.  [7-20-95]

     D.   "Adverse Impact on Visibility" means visibility impairment which interferes with the management, protection, preservation, or enjoyment of the visitor's visual experience of the Class I Federal area.  This determination must be made on a case-by-case basis taking into account the geographic extent, intensity, duration, frequency, and time of the visibility impairments and how these factors correlate with the following:

          1.   Times of visitor use of the Class I Federal area; and  

          2.   The frequency and timing of natural conditions that reduce visibility.

          This term does not include effects on integral vistas as defined in 40 CFR 51.301 Definitions.  [7-20-95]

     E.   "Allowable emissions" means the emissions rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to federally enforceable limits which restrict the operating rate, or hours of operation, or both) and the most stringent of the following:

          1.   The applicable standards as set forth in 40 CFR Parts 60 and 61;

          2.   The applicable State Implementation Plan emissions limitation, including those with a future compliance date; or

          3.   The emissions rate specified as a federally enforceable permit condition, including those with a future compliance date.  [7-20-95]

     F.   "Attainment area" means, for any air pollutant, an area which is shown by monitored data or which is calculated by air quality modeling not to exceed any national ambient air quality standard for such pollutant, and is so designated under section 107 (d) (1) (D) or (E) of the Act.  [7-20-95]

     G.   "Baseline area" means all lands designated as attainment or unclassifiable in which the major source or major modification would construct or would have an air quality impact equal to or greater than 1 ug/m3 (annual average) of the pollutant for which the minor source baseline date is established.  The major source or major modification establishes the minor source baseline date (see the definition "minor source baseline date" in this Part).  Lands are designated as attainment or unclassifiable under Section 107(d)(1)(D) or (E) of the Act within each federal air quality control region in the State of New Mexico.

          Any baseline area established originally for TSP (total suspended particulates) increments shall remain in effect and shall apply for purposes of determining the amount of available PM10 increments.  A TSP baseline area shall not remain in effect if the Department rescinds the corresponding minor source baseline date (see "minor source baseline date" in this Part). [7-20-95]

     H.   "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:

          1.   The actual emissions representative of sources in existence on the applicable minor source baseline date except as provided in 107.H.3. of this section (below);

          2.   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;

          3.   The following will not be included in the baseline concentration and will affect the applicable maximum allowable
increase(s):
               a.   Actual emissions from any major stationary source on which construction commenced after the major source baseline date; and
               b.   Actual emission increases and decreases at any stationary source occurring after the minor source baseline date.  [7-20-95]

     I.   "Begin actual construction" means, in general, initiation of physical onsite construction activities on an emissions unit which are of a permanent nature.  Such activities include, but are not limited to, installation of building supports and foundations, laying underground pipework and construction of permanent storage structures.  With respect to a change in method of operations, this term refers to those on-site activities other than preparatory activities which mark the initiation of the change.  [7-20-95]

     J.   "Best Available Control Technology (BACT)" means an emissions limitation (including a visible emission standard) based on the maximum degree of reduction for each regulated pollutant which would be emitted from any proposed major stationary source or major modification, which the Secretary determines is achievable on a case-by-case basis.  This determination will take into account energy, environmental, and economic impacts and other costs. The determination must be achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutants.  In no event shall application of Best Available Control Technology  result in emissions of any pollutant which would exceed the emissions allowed by any applicable standard under 40 CFR Parts 60 and 61.  If the Secretary determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the application of Best Available Control Technology .  Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice, or operation, and shall provide for compliance by means which achieve equivalent results. [7-20-95]

     K.   "Building, structure, facility, or installation" means all of the pollutant emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control). Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same "Major Group" (i.e., which have the same first two digit code) as described in the Standard Industrial Classification (SIC) Manual, 1972, as amended by the 1977 Supplement (U. S. Government Printing Office stock numbers 4101-0066 and 003-005-00176-0, respectively) or any superseding SIC manual.  [7-20-95]

     L.   "Class I Federal area" means any Federal land that is classified or reclassified as "Class I" as described in section 108 of this Part.  [7-20-95]

     M.   "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.  [7-20-95]

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

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

          2.   Entered into binding agreements or contractual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake and complete, within a reasonable time, a program of actual construction.  [7-20-95]

     O.   "Complete" means, in reference to an application for a permit, that the application contains all of the information necessary for processing the application.  [7-20-95]

     P.   "Department" means the New Mexico Environment Department.  [7-20-95]

     Q.   "Emissions unit" means any part of a stationary source which emits, or would have the potential to emit, any regulated pollutant.  [7-20-95]

     R.   "Federal Land Manager" means, with respect to any lands in the United States, a Federal level cabinet Secretary of a Federal level department (e.g. Interior Dept.) with authority over such lands. [7-20-95]

     S.   "Federally enforceable" means all limitations and conditions which are enforceable by the Administrator, including:

          1.   Those requirements developed pursuant to 40 CFR Parts 60 and 61;

          2.   Requirements within any applicable State Implementation Plan;

          3.   Any permit requirements established pursuant to 40 CFR 52.21; or

          4.   Under regulations approved pursuant to 40 CFR Part 51, Subpart I including 40 CFR  51.165 and 40 CFR 51.166.  [7-20-95]

     T.   "Fugitive emissions" means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.  [7-20-95]

     U.   "High terrain" means any area having an elevation 900 feet or more above the base of a source's stack.  [7-20-95]

     V.   "Indian Governing Body" means the governing body of any tribe, band, or group of Indians subject to the jurisdiction of the United States and recognized by the United States as possessing power of self-government. [7-20-95]

     W.   "Innovative Control Technology" means any system of air pollution control that has not been adequately demonstrated in practice.  But such system would have a substantial likelihood of achieving greater continuous emissions reduction than any control system in current practice or achieving at least comparable reductions at lower cost in terms of energy, economics, or non-air quality environmental impacts.  [7-20-95]

     X.   "Low terrain" means any area other than high terrain.  [7-20-95]

     Y.   "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.  Any net emissions increase that is significant for volatile organic compounds shall be considered significant for ozone.  A physical change or change in the method of operation shall not include:

          1.   Routine maintenance, repair, and replacement;

          2.   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;

          3.   Use of an alternative fuel by reason of an order or rule under section 125 of the Act;

          4.   Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste;

          5.   Use of an alternative fuel or raw material by a stationary source which:

               a.   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

               b.   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;

          6.   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;

          7.   Any change in ownership at a stationary source.  [7-20-95]

     Z.   "Major source baseline date" means:

          1.   In the case of particulate matter and sulfur dioxide, January 6, 1975; and

          2.   In the case of nitrogen dioxide, February 8, 1988.  [7-20-95]
 
     AA.  "Major stationary source" means:

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

          2.   Any stationary source not listed in Table 1 of this Part and which emits or has the potential to emit 250 tons per year or more of any regulated pollutant; or

          3.   Any physical change that would occur at a stationary source not otherwise qualifying under 107.AA.1 or 107.AA.2 of this section (above) if the change would constitute a major stationary source by itself;

          4.   A major source that is major for volatile organic compounds shall be considered major for ozone;

          5.   The fugitive emissions of a stationary source shall not be included in determining for any of the purposes of this section whether it is a major stationary source, unless the source belongs to one of the stationary source categories found in Table 1 of this Part or any other stationary source category which, as of August 7, 1980, is being regulated under section 111 or 112 of the Act.  [7-20-95]

     BB.  "Mandatory Class I Federal area" means any area identified in the Code of Federal Regulations (CFR), 40 CFR Part 81, Subpart D.  See Section 108 of this Part for a list of these areas in New Mexico.  [7-20-95]

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

          1.   In the case of particulate matter and sulfur dioxide, August 7, 1977; and

          2.   In the case of nitrogen dioxide, February 8, 1988.  Any minor source baseline date established originally for the TSP (total suspended particulates) increments shall remain in effect and shall apply for purposes of determining the amount of available PM-10 increments.  The Department may rescind any TSP minor source baseline date where it can be shown, to the Department's satisfaction, that the emissions increase from the major stationary source, or the net emissions increase from the major modification, responsible for triggering that date, did not result in a significant amount of PM10 emissions.  [7-20-95]

     DD.  "Natural conditions" includes naturally occurring phenomena that reduce visibility as measured in terms of visual range, contrast or coloration.  [7-20-95]

     EE.  "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.  [7-20-95]

     FF.  "Net emissions increase" means:

          1.   The amount by which the sum of the following exceeds zero:

               a.   Any increase in actual emissions from a particular physical change or change in method of operation at a stationary source; and

               b.   Any other increases and decreases in actual emissions at the source that are contemporaneous with the particular change and are otherwise creditable.
  
          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 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;

          4.   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.  With respect to particulate matter, only PM10 emissions can be used to evaluate the net emissions increase for PM10;

          5.   An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level;

          6.   A decrease in actual emissions is creditable only to the extent that:
               a.   The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions;

               b.   It is federally enforceable at and after the time that actual construction on the particular change begins; and

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

          7.   An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant.  Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days.  [7-20-95]

     GG.  "Nonattainment area" means an area which has been designated under Section 107 of the Federal Clean Air Act as nonattainment for one or more of the National Ambient Air Quality Standards by EPA.  [7-20-95]

     HH.  "Portable stationary source" means a source which can be relocated to another operating site with limited dismantling and reassembly.  [7-20-95]

     II.  "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.  [7-20-95]

     JJ.  "Regulated Pollutant" means any air pollutant, the emission or ambient concentration of, which is regulated pursuant to the Act.  [7-20-95]

     KK.  "Secondary emissions" means emissions which occur as a result of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself. For the purpose of this section, secondary emissions must be specific, well defined, quantifiable, and impact the same general areas as the stationary source or modification which causes the secondary emissions. Secondary emissions include emissions from any offsite support facility which would not be constructed or increase its emissions except as a result of the construction or operation of the major stationary source or major modification. Secondary emissions do not include any emissions which come directly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel.  [7-20-95]

     LL.  "Secretary" means the cabinet level secretary of the New Mexico Environment Department or his or her successor.  [7-20-95]

     MM.  "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 of this Part. [7-20-95]

     NN.  "Stationary source" means any building, structure, facility, or installation which emits, or may emit, any regulated pollutant.  [7-20-95]

     OO.  "Temporary Source" means a stationary source which changes its location or ceases to exist within two years from the date of initial start of operations.  [7-20-95]

     PP.  "Visibility impairment" means any humanly perceptible change in visibility (visual range, contrast, coloration) from that which would have existed under natural conditions.  [7-20-95]

     QQ.  "Volatile Organic Compound (VOC)" means any organic compound which participates in atmospheric photochemical reactions; that is, any organic compound other than those which the Administrator designates as having negligible photochemical reactivity.  [7-20-95]

108. RESTRICTIONS ON AREA CLASSIFICATIONS:

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

          1.   International parks (all of them);

          2.   National wilderness areas which exceed 5,000 acres in size;

          3.   National memorial parks which exceed 5,000 acres in size; and

          4.   National parks which exceed 6,000 acres in size.  

          Specifically for New Mexico, these areas are:

                                             Administered by*
               Bandelier Wilderness               NPS
               Bosque del Apache Wilderness       NFWS
               Carlsbad Caverns National Park     NPS
               Gila Wilderness                    NFS
               Pecos Wilderness                   NFS
               Salt Creek Wilderness              NFWS
               San Pedro Parks Wilderness         NFS
               Wheeler Peak Wilderness            NFS
               White Mountain Wilderness          NFS

          * NPS = National Park Service, NFWS = National Fish and
          Wildlife Service, NFS = National Forest Service.  [7-20-95]

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

          1.   an area, as of August 7, 1977, 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

          2.   a national park or national wilderness area established after August 7, 1977 which exceeds 10,000 acres in size.

          Specifically for New Mexico, these areas include (but are not necessarily limited to):

                                                  Administered by*
               Apache Kid Wilderness                   NFS
               Bandelier National Monument             NPS
               Bitter Lake National Wildlife Refuge    NFWS
               Blue Range Wilderness                   NFS
               Bosque del Apache National Wildlife Refuge   NFWS
               Capitan Mountains Wilderness            NFS
               Cebolla Wilderness                      BLM
               Chama River Canyon Wilderness           NFS
               Cruces Basin Wilderness                 NFS
               De-na-zin Wilderness                    BLM
               El Malpais National Monument            NPS
               Latir Peak Wilderness                   NFS
               Manzano Mountain Wilderness             NFS
               San Andres National Wildlife Refuge     NFWS
               Sandia Mountain Wilderness              NFS
               Sevilleta National Wildlife Refuge      NFWS
               West Malpais Wilderness                 BLM
               White Sands National Monument           NPS
               Withington Wilderness                   NFS

          * NFS = National Forest Service, NPS = National Park Service, NFWS = National Fish and Wildlife Service, BLM = Bureau of Land Management. [7-20-95]

109. DOCUMENTS:  Documents cited in this Part may be viewed at the New Mexico Environment Department, Air Quality Bureau, Harold Runnels Building, 1190 St. Francis Drive, Santa Fe, NM  87502-0110.  [7-20-95]

110-199.  [RESERVED]


                    SUBPART II - APPLICABILITY

200. APPLICABILITY:  Any person constructing any new major stationary source or major modification, as defined in this Part, that emits, or will emit, regulated pollutants in an attainment or unclassified area shall obtain a permit.  The permit shall be obtained from the Department in accordance with the requirements of this Part prior to the construction or modification. [7-20-95]

201. EXEMPTIONS:  This Part shall not apply to:        [7-20-95]

     A.   Each regulated pollutant emitted for which the area the source proposes to locate in is designated as nonattainment;  [7-20-95]

     B.   Sources or modifications that are part of a nonprofit health or nonprofit educational institution and are approved by the Secretary; [7-20-95]

     C.   A portable stationary source which has previously received a permit pursuant to this Part; and 

          1.   The owner or operator proposes to relocate the source, and emissions from the source at the new location will be temporary; and
          2.   The emissions from the source would not exceed its allowable emission rate; and
          3.   The emissions from the source would not impact any Class I Federal area nor any area where an applicable increment is known to be violated; and

          4.   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 ten (10) days in advance of the proposed relocation unless a different time interval is previously approved by the Department;  [7-20-95]

     D.   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:

          1.   Any category in Table 1 of this Part; or

          2.   Any other stationary source category which as of August 7, 1980 is being regulated under section 111 or 112 of the Act.  [7-20-95]

202-299.  [RESERVED]


                SUBPART III - SOURCE REQUIREMENTS

300. OBLIGATIONS OF OWNERS OR OPERATORS OF SOURCES:

     A.   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 Part shall be subject to enforcement action. [7-20-95]

     B.   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. [7-20-95]

     C.   Approval to construct shall become invalid if:

          1.   Construction is not commenced within eighteen (18) months after receipt of such approval;

          2.   If construction is discontinued for a period of eighteen (18) months or more; or

          3.   If construction is not completed within a reasonable time. 

          For a phased construction project, each phase must commence construction within eighteen (18) months of the projected and approved commencement date.  The Secretary may extend the eighteen (18) month period upon a satisfactory showing that an extension is justified.  [7-20-95]

     D.   If a source or modification becomes a major stationary source or major 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 Part shall apply to the source or modification as though construction had not yet commenced.  [7-20-95]

301. SOURCE INFORMATION:  The owner or operator of a proposed source or modification shall submit all information necessary to perform any analysis or make any determination required under this Part.  [7-20-95]

     A.   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 and 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.  [7-20-95]

     B.   Upon request by the Department, the owner or operator shall also provide information on:

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

          2.   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.  [7-20-95]

302. CONTROL TECHNOLOGY REQUIREMENTS:

     A.   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 of this Part. This requirement applies to each proposed emissions unit or operation that will emit such pollutant.  [7-20-95]

     B.   A major modification shall apply Best Available Control Technology for each regulated pollutant at the source when a significant net emissions increase occurs as defined in this Part.  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.  [7-20-95]

     C.   For phased construction projects, the determination of Best Available Control Technology  shall be reviewed and modified as appropriate at the latest reasonable time but no later than eighteen (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.  [7-20-95]

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

          1.   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

          2.   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 four (4) years from the time of startup or seven (7) years from permit issuance; and

          3.   The source or modification would meet the requirements of this Section (302) and Section 303 of this Part 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

          4.   During the interim period of achieving the permitted emission level, the source or modification would not:

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

               b.   Impact any Class I Federal area; nor

               c.   Impact any area where an applicable increment is known to be violated; and

          5.   All other applicable requirements including those for public participation have been met.  [7-20-95]

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

          1.   The proposed system fails by the specified date to achieve the required continuous emissions reduction rate; or

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

          3.   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.  [7-20-95]

     F.   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 paragraph 302.E above, the Department may allow the source or modification up to an additional three (3) years to meet the requirement for the application of Best Available Control Technology. This shall be accomplished through use of a demonstrated system of control. [7-20-95]

     G.   If the owner or operator of a major stationary source or major modification previously issued a permit under this Part applies for an extension (as provided for under paragraph 300.C above), and the new proposed date of construction is greater than eighteen (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 may be required  to demonstrate the adequacy of any previous determination of Best Available Control Technology  for the source.  [7-20-95]

     H.   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.  [7-20-95]

303. AMBIENT IMPACT REQUIREMENTS:

     A.   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 of this Part.  For particulate matter, the source will only be required to perform ambient impact analysis for PM10 when the source has the potential to emit significant amounts of PM10 (Table 2).  [7-20-95]

     B.   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:

          1.   Any National Ambient Air Quality Standard in any location; or
          2.   Any applicable maximum allowable increase as shown in Table 4 of this Part over the baseline concentrations in any area.  [7-20-95]

     C.   The owner or operator of the proposed major stationary source or major modification shall demonstrate that neither 303.B.1 nor 303.B.2 will occur. [7-20-95]

304. ADDITIONAL IMPACT REQUIREMENTS:

     A.   The owner or operator of the proposed major stationary source or major modification 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 use data or information available from the Department.  [7-20-95]

     B.   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.  [7-20-95]

305. AMBIENT AIR QUALITY MODELING:   All estimates of ambient concentrations required by this Part shall be based on  applicable air quality models, data bases, and other requirements as specified in EPA's Guideline on Air Quality Models (EPA-450/2-78-027R, July, 1986), its revisions, or any superseding EPA document, and approved by the Department.  Where an air quality impact model specified in the Guideline on Air Quality Models is inappropriate, the model may be modified or another model substituted.  Any substitution or modification of a model must be approved by the Department.  Notification 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 400.B. of this Part.  The Department will seek EPA approval of such substitutions or modifications.  [7-20-95]

306. MONITORING REQUIREMENTS:

     A.   Any application for a permit under this Part shall contain an analysis of ambient air quality.  Air quality data can be that measured by the applicant or that available from a government agency in the area affected by the major stationary source or major modification.  The analysis shall contain the following:

          1.   For a major stationary source, each pollutant for which the potential to emit is equal to or greater than the significant emission rates as listed in Table 2 of this Part; or

          2.   For a major modification, each pollutant that would result in a significant net emission increase.  [7-20-95]

     B.   If no National Ambient Air Quality Standard (NAAQS) for a pollutant exists, and there is an acceptable method for monitoring that pollutant, the analysis shall contain such air quality monitoring data as the Department determines is necessary to assess ambient air quality for that pollutant. [7-20-95]

     C.   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 (1) year period prior to receipt of the permit application.  The Department has the discretion to:

          1.   Determine that a complete and adequate analysis can be accomplished with monitoring data gathered over a period shorter than one year but not less than four months; or

          2.   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.  [7-20-95]

     D.   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 subsection 306.C above if the owner or operator of the proposed major source or major modification satisfies all the provisions of 40 CFR  Part 51, Appendix S, Section IV.  [7-20-95]

     E.   The Department may require monitoring of visibility in any Class I Federal area where the Department determines that 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:

          1.   Visibility monitoring methods specified by the Department shall be reasonably available and not require any research and development; and

          2.   The cost of visibility monitoring required by the Department shall not exceed 50% of the cost of ambient monitoring required by this Part . If ambient monitoring is not required, the cost shall be estimated as if it were required  for each pollutant to which this Part applies.

          3.   Both preconstruction and post construction visibility monitoring may be required.  In each case, the duration of such monitoring shall not exceed one (1) year.  [7-20-95]

     F.   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 attainment of ambient air quality standards and to assure that increments are not exceeded.  [7-20-95]

     G.   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.  [7-20-95]

     H.   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 of this Part.  [7-20-95]

     I.   The Department shall exempt a stationary source or modification from the requirements of this section with respect to preconstruction monitoring for a particular pollutant if:

          1.   For ozone, volatile organic compound emissions are less than 100 tons per year; or

          2.   The air pollutant is not a regulated pollutant; or

          3.   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 of this Part.  [7-20-95]

307. TEMPORARY SOURCE EXEMPTIONS:   The requirements of Sections 304 and 306 of this Part shall not apply to a temporary source subject to this Part for a given pollutant if the allowable emissions of such pollutant would not impact any Class I Federal area or any areas where an applicable increment is violated and would be temporary.  [7-20-95]

308-399.  [RESERVED]



            SUBPART IV - PERMIT REVIEW AND PROCESSING

400. PUBLIC PARTICIPATION AND NOTIFICATION:

     A.   The Department shall notify all applicants within thirty (30) days after receipt of the complete application or after determining 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 required information.  [7-20-95]

     B.   Within 240 days after receipt of a complete application, the Department shall:

          1.   Make a preliminary determination whether construction should be approved, approved with conditions, or disapproved.
          2.   Make available at the Department district and local office nearest to the proposed source 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.

          3.   Notify the public by advertisement in a newspaper of general circulation in the area in which the proposed source would be constructed:
               a.   Of the application,

               b.   The preliminary determination,
 
               c.   The degree of increment consumption that is expected from the source or modification, and 

               d.   Of the opportunity for comment at a public hearing as well as written public comment.  The public comment period shall be for thirty (30) days from the date of such advertisement.
          4.   Send a copy of the notice of public comment to:

               a.   The applicant,
 
               b.   The Administrator, and

               c.   Officials and agencies having jurisdiction over the location where the proposed construction would occur as follows: 
                    (1)  Any other state or local air pollution control agencies, 
                    (2)  The chief executives of the city and county where the source would be located,

                    (3)  Any comprehensive regional land use planning agency, and 

                    (4)  Any state, Federal Land Manager, or Indian governing body whose lands may be affected by emissions from the source or modification.

          5.   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.

          6.   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.

          7.   Make a final determination of whether construction should be approved, approved with conditions, or disapproved.

          8.   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.  [7-20-95]

401. STACK HEIGHT CREDIT:   The Department shall review all applications in accordance with the provisions of 20 NMAC 2.76 (formerly Air Quality Control Regulation  710 - Stack Height Requirements).  [7-20-95]

402. EXCLUSIONS FROM INCREMENT CONSUMPTION:   Following a public hearing, the Secretary may exclude the following concentrations in determining compliance with a maximum allowable increase:    [7-20-95]

     A.   Concentrations due to the increase in emissions from stationary sources,  over the emissions from such sources before the effective date of an order under sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation).  Sources must have converted from the use of petroleum products, natural gas, or both by reason of such order.  This exclusion shall not apply more than five (5) years after the effective date of such an order; or  [7-20-95]

     B.   Concentrations due to the increase in emissions from sources, over the emissions from such sources before the effective date of a plan in effect pursuant to the Federal Power Act.  Sources must have converted from using natural gas by reason of a natural gas curtailment plan.  This exclusion shall not apply more than five (5) years after the effective date of such a plan; or [7-20-95]

     C.   Concentrations of particulate matter due to the increase in emissions from construction or other temporary emission-related activities of new or modified sources; or  [7-20-95]

     D.   The increase in concentrations due to new sources outside the United States over the concentrations attributed to existing sources which are included in the baseline concentrations.  [7-20-95]


403. ADDITIONAL REQUIREMENTS FOR SOURCES IMPACTING CLASS I FEDERAL AREAS: 

     A.   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 Class I Federal area.  The complete permit application shall be transmitted within thirty (30) days of receipt and sixty (60) days prior to any public hearing on the application.  The Department shall include all relevant information in the permit application.  Relevant information shall include an analysis of the proposed source's anticipated impacts on visibility in the Class I Federal 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.  This consideration shall include visibility, if such analysis is received within 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 days (30) from the date the Department receives a request for a pre-application meeting from a proposed source subject to this Part.  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 400 of this Part 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 proposed source would be constructed, as to where the decision can be obtained.  [7-20-95]

     B.   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 Federal 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 400 of this Part and shall make available to them any materials used in making that determination.  The Department shall include a provision for a sixty (60) day comment period for the Federal Land Managers before any public hearing on a permit application is held.  [7-20-95]

     C.   Federal Land Managers may demonstrate to the Department that emissions from a proposed source or modification would have an adverse impact on air quality related values, including visibility, of any Class I Federal lands under their jurisdiction.  This may be done even though  the change in air quality resulting from emissions from the proposed source or modification would not cause or contribute to concentrations which would exceed the maximum allowable increases for a Class I Federal area.  If the Department concurs with this demonstration, then the source shall not be issued a permit. [7-20-95]

     D.   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 air quality related values, including visibility, of Class I Federal lands under his or her jurisdiction.  This may be done 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 Federal 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 of this Part.  [7-20-95]

     E.   For the case where the Federal Land Manager does not perform an impact analysis with respect to visibility impairment in a Class I Federal area, the Department may perform such an analysis.  The Department shall not issue the source a permit if the Department determines that an adverse impact on visibility would occur.  The adverse impact must be due, primarily, to the operation of the proposed source or modification.  [7-20-95]

     F.   Sulfur Dioxide Waiver by Governor.  The owner or operator of a proposed major stationary source or major modification, which cannot be approved under subsection 403.D (above), 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 Federal area for sulfur dioxide for a period of twenty-four (24) 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 Federal 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 owner or operator of the source or modification.  Any owner or operator of a source or modification who obtains a permit under this section shall comply with sulfur dioxide emissions limitations.   These limitations do not allow increases of ambient concentrations, above the baseline concentration, to exceed the levels found in Table 6 of this Part for periods of twenty-four (24) hours or less for more than eighteen (18) days, not necessarily consecutive, in any annual period.  [7-20-95]

     G.   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.  These limitations do not allow increases in ambient concentrations, above the baseline concentration, to exceed the levels found in Table 6 of this Part for periods of twenty-four (24) hours or less for more than eighteen (18) days, not necessarily consecutive, in any annual period.  [7-20-95]

         TABLE 1.  PSD SOURCE CATEGORIES

  1.  Carbon black plants (furnace process)
  2.  Charcoal production plants
  3.  Chemical process plants
  4.  Coal cleaning plants (with thermal dryers)
  5.  Coke oven batteries
  6.  Fossil fuel boilers (or combinations thereof) totaling more            than 250 million BTU/hr heat input
  7.  Fossil fuel-fired steam electric plants of more than 250          million BTU/hr heat input
  8.  Fuel conversion plants
  9.  Glass fiber processing plants
 10.  Hydrofluoric acid plants
 11.  Iron and steel mills
 12.  Kraft pulp mills
 13.  Lime plants
 14.  Municipal incinerators capable of charging more than 250
      tons of refuse per day
 15.  Nitric acid plants
 16.  Petroleum refineries
 17.  Petroleum storage and transfer units with a total storage
      capacity exceeding 300,000 barrels
 18.  Phosphate rock processing plants
 19.  Portland cement plants
 20.  Primary aluminum ore reduction plants
 21.  Primary copper smelters
 22.  Primary lead smelters
 23.  Primary zinc smelters
 24.  Secondary metal production plants
 25.  Sintering plants
 26.  Sulfur recovery plants
 27.  Sulfuric acid plants
 28.  Taconite ore processing plants
                                                           [7-20-95]


----------------------------------------------------------------------

               TABLE 2.  SIGNIFICANT EMISSION RATES

POLLUTANT                                 EMISSION RATE (TONS/YR)

Asbestos                                      0.007
Beryllium                                     0.0004
Carbon monoxide                               100
Fluorides                                     3
Lead                                          0.6
Mercury                                       0.1
Municipal waste combustor 
  Acid gases (measured as sulfur              40(36
megagrams/year)
    dioxide and hydrogen chloride)
  Metals(measured as particulate matter)      15(14
megagrams/year)
  Organics (measured as total tetra-          3.5 x 10-6 (3.2 x 10-6
    through octa- chlorinated                      
megagrams/year)
    dibenzo-p-dioxins and dibenzofurans)
Nitrogen oxides                               40
Ozone (as VOC, Volatile Organic Compounds)    40 (VOC)
Particulate matter
  Particulate matter emissions                25
  PM10 emissions                              15
Sulfur compounds
  Hydrogen sulfide (H2S)                      10
  Reduced sulfur compounds (incl. H2S)        10
  Sulfur dioxide                              40
  Sulfuric acid mist                          7
  Total reduced sulfur (incl. H2S)            10
Vinyl chloride                                1
Any other pollutant regulated under        Any emission rate
  the Act that is not listed in this
  table
Each regulated pollutant           Emission rate or net
                                   emissions increase associated
                                   with a major stationary
                                   source or major modification
                                   that causes an air quality
                                   impact of 1 ug/m3 or greater
                                   (24-hour average) in any
                                   Class I Federal area located
                                   within 10 km of the source.
                                                         [7-20-95]

---------------------------------------------------------------------

         TABLE 3.   SIGNIFICANT MONITORING CONCENTRATIONS

                                   AIR QUALITY CONCENTRATION
                                   Micrograms per cubic meter (ug/m3)
POLLUTANT                          AND AVERAGING TIME

Asbestos                           a

Beryllium                          0.001      24 hours

Carbon monoxide                    575        8  hours

Fluorides                          0.25       24 hours

Lead                               0.1        3 months

Mercury                            0.25       24 hours

Nitrogen dioxide                   14         Annual

Ozone                              b

Particulate matter
  PM10                             10         24-hours

Sulfur compounds
  Hydrogen sulfide                 0.20       1 hour
  Reduced sulfur (incl. H2S)       10         1 hour
  Sulfur Dioxide                   13         24 hours
  Sulfuric acid mist               a
  Total reduced sulfur (incl. H2S) 10         1 hour

Vinyl Chloride                     15         24 hours
                                                                 
a   No acceptable monitoring techniques available at this time.
Therefore, monitoring is not required until acceptable techniques
are available.

b   No specific air quality concentration for ozone is prescribed. 
Exemptions are granted when a source's VOC emissions are less than
100 tons/year.  [7-20-95]



-----------------------------------------------------------------

               TABLE 4.  ALLOWABLE  PSD INCREMENTS

                Micrograms per cubic meter (ug/m3)

                           Class I     Class II     Class III

Nitrogen Dioxide
    annual arithmetic mean 2.5            25          50

Particulate Matter
    PM10, annual arithmetic mean4         17          34
    PM10, 24-hour maximum    8a           30a         60a

Sulfur Dioxide
    annual arithmetic mean   2           20           40
    24-hour maximum          5a           91a         182a
    3-hour maximum           25a          512a        700a

    a Not to be exceeded more than once a year.
                                                    [7-20-95]

-------------------------------------------------------------

   TABLE 5.   MAXIMUM ALLOWABLE  INCREASES FOR CLASS I WAIVERS

                           Micrograms per cubic meter (ug/m3)

    Nitrogen Dioxide 
         annual arithmetic mean           25

    Particulate Matter
         PM10, annual arithmetic mean     17
         PM10, 24-hr. maximum             30

    Sulfur Dioxide
         annual arithmetic mean           20
         24-hr. maximum                   91
         3-hr. maximum                    325

                                                    [7-20-95]
                                                                 

-------------------------------------------------------------

    TABLE 6.  MAXIMUM ALLOWABLE  INCREASE FOR SULFUR DIOXIDE 
                        WAIVER BY GOVERNOR

                Micrograms per cubic meter (ug/m3)

Period of Exposure                 Terrain Areas
                                   Low      High
                                                                 

24-hr. maximum                     36       62

3-hr. maximum                      130     221


***************** end nm state part 74 ******************86k**