New Mexico Administrative Code

A. For sources and modifications subject to any preconstruction review program adopted pursuant to Subsection 40 CFR 51.165(a), the baseline for determining credit for emissions reductions is the emissions limit under the applicable state implementation plan (SIP) in effect at th…

Except as otherwise provided in Subsection F of 20.11.60.16 NMAC, the following specific provisions apply with respect to any regulated new source review pollutant emitted from projects at existing emissions units at a major stationary source (other than projects at a source with…

The requirements of 20.11.60 NMAC applicable to major stationary sources and major modifications of volatile organic compounds shall apply to nitrogen oxides emissions from major stationary sources and major modifications of nitrogen oxides in an ozone transport region or in any …

A. In meeting the emissions offset requirements of 20.11.60.15 NMAC, the ratio of total actual emissions reductions to the emissions increase shall be at least 1:1 unless an alternative ratio is provided for the applicable nonattainment area in Subsections B through D of 20.11.60…

The requirements of 20.11.60 NMAC applicable to major stationary sources and major modifications of PM10 shall also apply to major stationary sources and major modifications of PM10 precursors, except where the administrator determines that such sources do not contribute signific…

A. 20.11.60 NMAC establishes a pre-construction permit program for new major stationary sources and major modifications of existing major stationary sources located within a nonattainment area. B. Exempt: 20.11.60 NMAC does not apply to sources within Bernalillo county, which are…

In meeting the emissions offset requirements of 20.11.60.15 NMAC and Subsections A-D of 20.11.60.18 NMAC, the emissions offsets obtained shall be for the same regulated new source review pollutant unless interprecursor offsetting is permitted for a particular pollutant as specifi…

The owner or operator of a proposed major stationary source or major modification shall submit all information necessary to perform any analysis or make any determination required under 20.11.60 NMAC. The following items are required before the department may deem an application …

A. Conditions for approval. If the department finds that the major stationary source or major modification would be constructed in an area designated in 40 CFR 81.300 et seq as nonattainment for a pollutant for which the stationary source or modification is major, approval may be…

A. The requirements of 20.11.60.23 NMAC apply only to proposed major stationary sources or major modifications that meet the criteria of Paragraph (1) of Subsection A of 20.11.60.12 NMAC and that also are major stationary sources or major modifications as defined in 20.11.61 NMAC…

A. Any stationary source which decreases actual emissions of a regulated new source review pollutant in excess of the requirements of 20.11.60 NMAC or any other applicable air quality regulation or permit emission limitation may preserve or bank such excess emission reductions fo…

All demonstrations of the occurrence of a net air quality benefit shall meet the following criteria. A. Emission offsets for volatile organic compounds or nitrogen oxides emissions impacting an ozone nonattainment area may be obtained from sources located in the broad vicinity of…

A. The department shall, within 30 days after its receipt of an application for a permit or significant permit revision subject to 20.11.60 NMAC, review such application and determine whether it is administratively complete. If the application is deemed: (1) administratively comp…

A. Applicability. (1) The department may approve the use of an actuals PAL for any existing major stationary source (except as provided in Paragraph (2) of Subsection A of 20.11.60.27 NMAC) if the PAL meets the requirements of 20.11.60.27 NMAC. The term "PAL" shall mean "actuals …

20.11.60 NMAC is adopted pursuant to the authority provided in the New Mexico Air Quality Control Act, NMSA 1978 Sections 74-2-4 and 74-2-5; the Joint Air Quality Control Board Ordinance; Bernalillo County Ordinance No. 94-5, Sections 4 and 5; and the Joint Air Quality Control Bo…

Permanent.

January 23, 2006, unless a later date is cited at the end of a section.

To implement a pre-construction permit program for new or modified major stationary sources that plan to locate in an area where a federal ambient air quality standard is being exceeded.

In addition to the definitions in 20.11.60.7 NMAC, the definitions in 20.11.1 NMAC apply unless there is a conflict between definitions, in which case the definition in 20.11.60.7 NMAC shall govern. A. "Actual emissions" means the actual rate of emissions of a regulated new sourc…

[Reserved]

Any amendment to 20.11.60 NMAC, which is filed, with the state records center shall not affect actions pending for violation of a city or county ordinance, or air quality control board regulation. Prosecution for a violation under prior regulation wording shall be governed and pr…

Albuquerque - Bernalillo County Air Quality Control Board. P.O. Box 1293, Albuquerque, NM 87103. Telephone: (505) 768-2601.

Documents incorporated and cited in 20.11.61 NMAC may be viewed at the Albuquerque environmental health department, One Civic Plaza NW, 3rd Floor, Suite 3023, Albuquerque, NM 87102.

A. The requirements of 20.11.61 NMAC apply to the construction of any new major stationary source or any project at an existing major stationary source in an area designated as attainment or unclassifiable. B. The requirements of 20.11.61.12 NMAC through 20.11.61.18NMAC, 20.11.61…

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 20.11.61 NMAC shall be subject to enforcement action. B. Approval to construct shall not relieve any person f…

The owner or operator of a proposed source or modification shall submit all information necessary to perform any analysis or make any determination required by 20.11.61 NMAC. A. Information shall include, but is not limited to:(1) a description of the nature, location, design cap…

A. A new major stationary source shall apply best available control technology for each regulated NSR 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 20.11.61.27 NMAC. This requirement applies …

A. The requirements of 20.11.61.15 NMAC shall apply to each pollutant emitted by a new major stationary source or major modification in amounts equal to or greater than that in Table 2 of 20.11.61.27 NMAC. For particulate matter, the source will only be required to perform ambien…

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 …

All estimates of ambient concentrations required by 20.11.61 NMAC shall be based on applicable air quality models, data bases, and other requirements as specified in Appendix W to 40 CFR Part 51, its revisions, or any superseding EPA document, and approved by the department. Wher…

A. Preapplication analysis. (1) Any application for a permit under regulations approved pursuant to 40 CFR 51.166 (e.g. 20.11.61 NMAC) shall contain an analysis of ambient air quality in the area that the major stationary source or major modification would affect for each of the …

The requirements of Subsection B of 20.11.61.15 NMAC, 20.11.61.16 NMAC and 20.11.61.18 NMAC shall not apply to a major source or modification with respect to a particular pollutant, if the allowable emissions of that pollutant from the source, or the net emissions increase of tha…

Any person constructing any new major stationary source or major modification, as defined in 20.11.61 NMAC, that emits or will emit regulated new source review (NSR) pollutants in an attainment or unclassifiable area shall obtain a permit from the department in accordance with th…

A. Applicability. (1) The department may approve the use of an actuals PAL, including for GHGs on either a mass basis or a CO2e basis, for any existing major stationary source or any existing GHG-only source if the PAL meets the requirements of 20.11.61.20 NMAC. The term "PAL" sh…

A. The department shall, within 30 days after receipt of an application, review such application and determine whether it is administratively complete or there is any deficiency in the application or information submitted. To be deemed administratively complete, the application m…

The department shall review all applications in accordance with the provisions of 20.11.43 NMAC, Stack Heights Requirements.

A. Following a public hearing, the director may exclude the following concentrations in determining compliance with a maximum allowable increase: (1) concentrations attributable to the increase in emissions from stationary sources which have converted from the use of petroleum pr…

A. Notice to EPA. 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. The complete perm…

A. Mandatory federal class I areas: (1) All of the following areas which were in existence on August 7, 1977, shall be class I areas and may not be redesignated:(a) international parks (all of them); (b) national wilderness areas which exceed 5,000 acres in size; (c) national mem…

A. Carbon black plants (furnace process). B. Charcoal production plants. C. Chemical process plants (the term chemical processing plant shall not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS Codes 325193 or 312140). D. Coal …

POLLUTANT EMISSION RATE (TONS/YR) Carbon monoxide 100 Fluorides 3 Lead 0.6 Municipal waste combustor: Acid gases (measured as sulfur dioxide and hydrogen chloride) 40 (36 megagrams/year) Metals (measured as particulate matter) 15 (14 megagrams/year) Organics (measured as total te…

POLLUTANT AIR QUALITY CONCENTRATION micrograms per cubic meter (µg/m3) AVERAGING TIME Carbon monoxide 575 8 hours Fluorides 0.25 24 hours Lead 0.1 3 months Nitrogen dioxide 14 Annual Ozone b Particulate matter (PM10) 10 24 hours Sulfur compounds Hydrogen sulfide (H2S) 0.20 1 hour…

Pollutant Maximum allowable increase micrograms per cubic meter (µg/m3) Class I Class II Class III Nitrogen Dioxide annual arithmetic mean 2.5 25 50 Particulate Matter PM2.5, annual arithmetic mean 1 4 8 PM2.5, 24-hour maximum 2 9 18 PM10, annual arithmetic mean 4 17 34 PM10, 24-…

20.11.61 NMAC is adopted pursuant to the authority provided in the New Mexico Air Quality Control Act, NMSA 1978 Sections 74-2-4 and 74-2-5; the Joint Air Quality Control Board Ordinance; Bernalillo county Ordinance No. 94-5, Sections 4 and 5; and the Joint Air Quality Control Bo…

Pollutant Maximum allowable increase Micrograms per cubic meter (µg/m3) Nitrogen Dioxide annual arithmetic mean 25 Particulate Matter PM2.5, annual arithmetic mean 4 PM2.5, 24-hour maximum 9 PM10, annual arithmetic mean 17 PM10, 24-hour maximum 30 Sulfur Dioxide annual arithmetic…

Period of Exposure Terrain Areas Low High 24-hr. maximum 36 µg/m3 62 µg/m3 3-hr. maximum 130 µg/m3 221 µg/m3

Permanent.