  SEQ CHAPTER \h \r 1 Table of Contents

What Action is EPA Proposing? 	 3

II. 	What is the Background for This Action? 	 3

III. 	What is EPA’s Analysis of New Mexico’s NSR Rule Revisions? 	4

IV. 	Does Approval of the New Mexico NSR Rule Revisions Interfere with
Attainment, Reasonable Further Progress or any Other Applicable
Requirement of the Act?
………………………………………………...5

APPENDIX A

20.2.74 PERMITS-PREVENTION OF SIGNIFICANT DETERIORATION  	 6

	20.2.74.1 ISSUING AGENCY 	 6

	20.2.74.2 SCOPE 	 6

	20.2.74.3 STATUTORY AUTHORITY 	 6

	20.2.74.4 DURATION 	 6

	20.2.74.4 EFFECTIVE DATE 	 6

	20.2.74.6 OBJECTIVE 	 6

	20.2.74.7 DEFINITIONS 	6

	20.2.74.8 AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS 	18

	20.2.74.9 DOCUMENTS 	18

	20.2.74.10 SEVERABILITY 	19

	20.2.74.11 CONSTRUCTION 	19

	20.2.74.12 SAVINGS CLAUSE 	19

	20.2.74.13 COMPLIANCE WITH OTHER REGULATIONS 	19

	20.2.74.14 LIMITATION OF DEFENSE 	19

	20.2.74.15 to 20.2.74.107 [RESERVED]  	19

	20.2.74.108 RESTRICTIONS ON AREA CLASSIFICATION 	19

	20.2.74.109 to 20.2.74.199 [RESERVED] 	21

	20.2.74.200 APPLICABILITY 	22

	20.2.74.201 EXEMPTIONS 	24

	20.2.74.202 to 20.2.74.299 [RESERVED]  	24

	20.2.79.300 OBLIGATIONS OF OWNERS OR OPERATORS OF SOURCES 	24

	20.2.74.301 SOURCE INFORMATION 	26

	20.2.74.302 CONTROL TECHNOLOGY REQUIREMENTS	26

	20.2.74.303 AMBIENT IMPACT REQUIREMENTS	26

	20.2.74.304 ADDITIONAL IMPACT REQUIREMENTS	26

	20.2.74.305 AMBIENT AIR QUALITY MODELING	26

	20.2.74.306 MONITORING REQUIREMENTS	27

	20.2.74.307 TEMPORARY SOURCE EXEMPTIONS	27

	20.2.74.308 to 20.2.74.319 [RESERVED]	27

	20.2.74.320 ACTUALS PLANTWIDE APPLICABILITY LIMITS (PALS)	27

	20.2.74.321 to 20.2.74.399 [RESERVED]	41

	20.2.74.400 PUBLIC PARTICIPATION AND NOTIFICATION	42

	20.2.74.401 STACK HEIGHT CREDIT	44

	20.2.74.402 EXCLUSIONS FROM INCREMENT CONSUMPTION	44

	20.2.74.403 ADDITIONAL REQUIREMENTS FOR SOURCES IMPACTING CLASS I
FEDERAL

AREAS	44

	20.2.74.404 to 20.2.74.500 [RESERVED]	46

	20.2.74.501 TABLE 1 – PSD SOURCE CATEGORIES	46

	20.2.74.502 TABLE 2 – SIGNIFICANT EMISSION RATES	46

	20.2.74.503 TABLE 3 – SIGNIFICANT MONITORING CONCENTRATIONS	47

	20.2.74.504 TABLE 4 – ALLOWABLE PSD INCREMENTS	47

	20.2.74.505 TABLE 5 – MAXIMUM ALLOWABLE INCREASE FOR CLASS I WAIVERS
47

20.2.74.506 TABLE 6 – MAXIMUM ALLOWABLE INCREASE FOR SULFUR DIOXIDE
WAIVER BY GOVERNOR		47

20.2.79 PERMITS-NONATTAINMENT AREAS 	48

	20.2.79.1 ISSUING AGENCY 	48

	20.2.79.2 SCOPE 	48

  	20.2.79.3 STATUTORY AUTHORITY 	48

	20.2.79.4 DURATION 	48

	20.2.79.5 EFFECTIVE DATE 	48

	20.2.79.6 OBJECTIVE 	48

	20.2.79.7 DEFINITIONS 	48

	20.2.79.8 AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS 	59

	20.2.79.9 DOCUMENTS 	59

	20.2.79.10 SEVERABILITY 	59

	20.2.79.11 CONSTRUCTION 	59

	20.2.79.12 SAVINGS CLAUSE 	59

	20.2.79.13 COMPLIANCE WITH OTHER REGULATIONS 	59

	20.2.79.14 LIMITATION OF DEFENSE 	59

	20.2.79.15 to 20.2.79.108 [RESERVED] 	60

	20.2.79.109 APPLICABILITY 	60

	20.2.79.110 SOURCE OBLIGATION 
………………………………………………………………
….. 64

	20.2.79.111 APPLICATION CONTENTS 	65

	20.2.79.112 SOURCE REQUIREMENTS 	65

20.2.79.113 ADDITIONAL REQUIREMENTS FOR SOURCES IMPACTING MANDATORY
FEDERAL CLASS I AREAS	66

20.2.79.114 EMISSION OFFSET BASELINE	 66

20.2.79.115 EMISSION OFFSETS	66

20.2.79.116 BANKING OF EMISSION REDUCTION	67

20.2.79.117 AIR QUALITY BENEFIT	67

20.2.79.118 PUBLIC PARTICIPATION AND NOTIFICATION	68

20.2.79.119 TABLES
………………………………………………………………
……………………...70

20.2.79.120 ACTUALS PLANTWIDE APPLICABILITY LIMITS (PALs)	70

APPENDIX B

20.2.2 NMAC – DEFINITIONS	85

APPENDIX C

NMAC - CONSTRUCTION PERMITS	86

APPENDIX D

20.2.80 STACK HEIGHTS	92



I.	What Action is EPA Proposing?

On December 29, 2005, the State of New Mexico submitted revisions to the
New Mexico State Implementation Plan (SIP).  The submittal consists of
revisions to two regulations that are already part of the New Mexico
SIP. The affected regulations are: 20.2.74 NMAC – Permits-Prevention
of Significant Deterioration, and 20.2.79 NMAC – Permits-Nonattainment
Areas.  The revisions were made to update the New Mexico NSR regulations
to ensure that the regulations are consistent with changes to the
Federal New Source Review (NSR) regulations published on December 31,
2002 (67 FR 80186) and November 7, 2003 (68 FR 63021). These EPA
rulemakings are collectively referred to as the “2002 NSR Reform
Rules.”

The SIP revisions also includes other non-substantive changes to New
Mexico’s Prevention of Significant Deterioration (PSD) and
nonattainment NSR (NNSR) rules to update the regulatory citations, make
clarifying revisions to the regulatory text, and correct typographical
errors.  These changes are non-substantive and do not change the
regulatory requirements.

EPA is also proposing to approve portions of the SIP submittal dated
April 11, 2002.  This action only approves the following provisions of
the April 11, 2002, SIP submittal:

The removal of the definition of “complete” currently in Paragraph O
of 20.2.74.7 NMAC; and 

Revisions to 20.2.74.400 NMAC and 20.2.79 NMAC which relate to the
requirements for public notice and public participation for PSD and NNSR
permits.

EPA will take appropriate action on the remaining provisions of the
April 11, 2002, submittal in a separate action.

II. 	What is the Background for This Action?

On December 31, 2002, EPA published final rule changes to 40 Code of
Federal Regulations (CFR) parts 51 and 52, regarding the Clean Air Act's
PSD and NNSR programs.  See 67 FR 80186.  On November 7, 2003, EPA
published a notice of final action on the reconsideration of the
December 31, 2002 final rule changes.  See 68 FR 63021.  In the November
7th final action, EPA added the definition of “replacement unit,”
and clarified an issue regarding plantwide applicability limits (PALs). 
The purpose of this action is to propose approval of the SIP submittal
from the State of New Mexico, which includes EPA's 2002 NSR Reform
Rules.  	The 2002 NSR Reform Rules are part of EPA's implementation of
Parts C and D of Title I of the Clean Air Act (Act), 42 U.S.C. 7470-7515
addressing major sources and major modifications.  Part C of Title I of
the Act, 42 U.S.C. 7470-7492, is the PSD program, which applies in areas
that meet the National Ambient Air Quality Standards (NAAQS) or
“attainment” areas as well as in areas for which there is
insufficient information to determine whether the area meets the NAAQS
or “unclassifiable'” areas.  Part D of Title I of the Act, 42 U.S.C.
7501-7515, is the NNSR program, which applies in areas that are not in
attainment of the NAAQS or “nonattainment areas.”

The 2002 NSR Reform Rules made changes to five areas of the NSR
programs.  In summary, the 2002 Rules:  (1) provide a new method for
determining baseline actual emissions; (2) adopt for the NNSR and PSD
programs an actual-to-projected-actual methodology for determining
whether a major modification has occurred; (3) allow major stationary
sources to comply with PALs to avoid having a significant emissions
increase that triggers the requirements of the major NSR program; (4)
provide a new applicability provision for emissions units that are
designated clean units; and (5) exclude pollution control projects
(PCPs) from the NNSR and PSD program definitions of “physical change
or change in the method of operation.” For additional information on
the 2002 NSR Reform Rules, see 67 FR 80186 (December 31, 2002), and
http://www.epa.gov/nsr.

After the 2002 NSR Reform Rules were finalized and became effective on
March 3, 2003, various petitioners challenged numerous aspects of the
2002 NSR Reform Rules.  On June 24, 2005, the D.C. Circuit Court of
Appeals issued a decision on the challenges to the 2002 NSR Reform
Rules.  See New York v. United States, 413 F.3d 3 (DC Cir. 2005),
rehearing en banc denied (Dec 9, 2005).  The Court vacated portions of
the 2002 NSR Reform Rules pertaining to clean units and PCPs, remanded a
portion of the 2002 NSR Reform Rules regarding recordkeeping, and either
upheld or did not comment on the other provisions included as part of
the 2002 NSR Reform Rules.  

III. 	What is EPA’s Analysis of New Mexico’s NSR Rule Revisions?

New Mexico currently has an approved NSR program for new and modified
sources, including a minor NSR preconstruction program, an NNSR
preconstruction program, and a PSD preconstruction program.  EPA
proposes to approve portions of changes submitted April 11, 2002, and
the NSR Reform revisions submitted December 29, 2005.  

	

20.2.74 NMAC (Permits-Prevention of Significant Deterioration) contains
the preconstruction review program that provides for the prevention of
significant deterioration of ambient air quality as required under Part
C of Title I of the Act. The program applies to major stationary sources
and major modifications constructing in areas that are designated as
attainment or unclassifiable with respect to the NAAQS.

	

New Mexico’s permitting requirements for major sources in or impacting
upon non-attainment areas are set forth at 20.2.79 NMAC
(Permits-Nonattainment Areas).  The New Mexico NNSR program applies to
the construction and modification of any major stationary source of air
pollution in a nonattainment area, as required by Part D of Title I of
the Act.  To receive approval to construct, a source that is subject to
this regulation must show that it will not cause a net increase in
pollution, will not create a delay in meeting the NAAQS, and that the
source will install and use control technology that achieves the lowest
achievable emissions rate (LAER).

	

These revisions to 20.2.74 NMAC and 20.2.79 NMAC update the existing
provisions to be consistent with the Federal 2002 NSR Reform Rules. 
These revisions address baseline actual emissions,
actual-to-projected-actual applicability tests, and PALs.  The revisions
included in New Mexico’s NNSR and PSD programs are substantively the
same as the 2002 NSR Reform Rules.  As part of our review of New
Mexico’s regulations, we performed a line-by-line review of the
revised rules and have determined that they are consistent with the
program requirements for the preparation, adoption and submittal of
implementation plans for NSR, set forth at 40 CFR 51.165 and 51.166. 
The revised rules that we are reviewing do not incorporate the portions
of the Federal rules that were recently vacated by the D.C. Circuit
Court of Appeals, such as the clean unit provisions and the PCP
exclusion.  

	

The revised New Mexico rules include the recordkeeping provisions set
forth in the Federal rules at 51.165(a)(6) and 51.166(r)(6).  However,
New Mexico chose to exclude the phrase “reasonable possibility.”  In
the Federal rule, this phrase limits the recordkeeping provisions to
modifications at facilities that use the actual-to-future-actual
methodology to calculate emissions changes where there is a
“reasonable possibility” that the modification will result in a
significant emissions increase.  Therefore, by leaving out the phrase
“reasonable possibility” from Subsection E of 20.2.74.300 NMAC and
Subsection E of 20.2.79.199 NMAC, the New Mexico rules require all
modifications that use the actual-to-future-actual methodology to meet
the recordkeeping requirements.  As noted earlier, EPA has not yet
responded to the Court’s remand of the recordkeeping provisions of
EPA’s 2002 NSR Reform Rules.  As a result, EPA’s final decision with
regard to the remand may require EPA to take further action on this
portion of New Mexico’s rules.  At this time, however, New Mexico’s
recordkeeping provisions are at least as stringent as the Federal
requirements, and are therefore approvable.

In the April 11, 2002, submittal, New Mexico revised the definitions by
removing the definition of “complete” from Paragraph O of 20.2.74.7
NMAC.  The current SIP contained this definition of “complete” to
meet the requirements of 40 CFR 51.166(b)(22).  Although the definition
of “complete” is removed from 20.2.74.7 NMAC, other provisions in
20.2.74.7 NMAC address the criteria that a permit application must
address in order to be administratively complete.  Specifically,
20.2.74.301 NMAC and 20.2.74.400 NMAC include each of the elements that
an application for a PSD permit must contain in order to be
administratively complete.  These provisions include and meet the
requirements of 40 CFR 51.166(n).  Thus the New Mexico rules contain
provisions that ensure that PSD permit applications administratively
complete as required by the Federal rules.

The April 11, 2002, submittal also includes revisions to 20.2.74 NMAC
and 20.2.79.118 NMAC which include the schedules and procedures to
determine completeness of PSD and NNSR permit applications and the
requirements for public participation and notice.  The provisions were
revised to provide that the New Mexico Environment Department (NMED)
will review a permit application and determine whether it is
administratively complete within 30 days after receipt of the
application.  If the application is administratively complete, the NMED
will notify the applicant of this finding by certified mail.  If the
application is administratively incomplete, the NMED will inform the
applicant of such finding by certified mail and state the additional
information or points of clarifications that are necessary to deem the
application administratively complete.  When the NMED receives
additional information or clarification, it will promptly review such
information and determine whether the application is administratively
complete.  The procedures for determining administrative completeness
and for public participation meet the requirements of 40 CFR 51.161 and
40 CFR 51.166(q) which specifies the public participation requirements
for PSD permits.  

The April 11, 2002, submittal also revised 20.2.74.400 NMAC to include a
cross-reference to 20.2.72 NMAC.  Specifically, 20.2.74.400 NMAC
provides that in order for a PSD permit application to be
administratively complete, it must meet 20.2.74.301 NMAC and 20.2.72
NMAC.  20.2.74.301 NMAC includes the source information specified in 40
CFR 51.166(n) and is not substantively changed in this action.  Under
20.2.72 NMAC, requirements of a complete application are identified in
Paragraph A of 20.2.72.203 NMAC.  The cross reference to Paragraph A of
20.2.72.203 NMAC contains the elements for a complete application which
has non-substantive changes to the current SIP.  It also contains
additional criteria that are in addition to the completeness elements
that a permit application must contain in order to be administratively
complete.  Accordingly, New Mexico retains the minimum requirements for
determining whether an application that is complete meets the Federal
requirements.  Appendix C contains a comparison between the current
version of 20.2.72.203 NMAC and the current SIP.

Does approval of New Mexico’s NSR Rule Revisions Interfere with
Attainment, Reasonable Further Progress, or any Other Applicable
Requirement of the Act?

The Act provides in section 110(l) that 

Each revision to an implementation plan submitted by a State under this
Act shall be adopted by such State after reasonable notice and public
hearing.  The Administrator shall not approve a revision of a plan if
the revisions would interfere with any applicable requirement concerning
attainment and reasonable further progress (as defined in section 171),
or any other applicable requirement of the Act.”  

Because, as discussed above, the revisions to the New Mexico NNSR and
PSD programs are substantively the same as the 2002 NSR Reform Rules,
without including any vacated provisions, we conclude that these rules
do not interfere with attainment, reasonable further progress, or any
other requirement of the Act.  See 67 FR 80186 and 68 FR 63021 for
EPA’s detailed explanation of the legal basis for the 2002 NSR Reform
Rules.

APPENDIX A 

20.2.74 NMAC – PERMITS – PREVENTION OF SIGNIFICANT DETERIORATION

AND 

20.2.79 NMAC – PERMITS – NONATTAINMENT AREAS

  SEQ CHAPTER \h \r 1 Title 20 - Environmental Protection

Chapter 2 - Air Quality (Statewide)

Part 74 - Permits - Prevention of Significant Deterioration

As approved by EPA October 15, 1996 (61 FR 53642) effective December 19,
1996.

Revisions SUBMITTED April 11, 2002.  Includes changes adopted November
12, 1999.

Revisions SUBMITTED December 29, 2005.  Includes changes adopted
December 6, 2005.

  SEQ CHAPTER \h \r 1 Submitted State Regulations	  SEQ CHAPTER \h \r 1
Comments/Evaluation

  SEQ CHAPTER \h \r 1 20.2.74.1 100    ISSUING AGENCY:  ***

[07/20/95; 20.2.74.1 NMAC – Rn, 20 NMAC 2.74.100 10/31/02]	  SEQ
CHAPTER \h \r 1 Rev submitted 12/29/02

Non-substantive change.

  SEQ CHAPTER \h \r 1 20.2.74.2 101  SCOPE:  ***

[07/20/95; 20.2.74.2 NMAC – Rn, 20 NMAC 2.74.101 10/31/02]

	  SEQ CHAPTER \h \r 1 20.2.74.3 102   STATUTORY AUTHORITY:  ***

[07/20/95; 20.2.74.3 NMAC – Rn, 20 NMAC 2.74.102 10/31/02]

	  SEQ CHAPTER \h \r 1 20.2.74.4 103   DURATION:  ***

[07/20/95; 20.2.74.4 NMAC – Rn, 20 NMAC 2.74.103 10/31/02]

	  SEQ CHAPTER \h \r 1 20.2.74.5 104   EFFECTIVE DATE:  ***

[07/20/95; 20.2.74.5 NMAC – Rn, 20 NMAC 2.74.104 10/31/02]

[The latest effective date of any section in this Part is 1/22/06.]

	  SEQ CHAPTER \h \r 1 20.2.74.6 105  OBJECTIVE:  ***

[07/20/95; 20.2.74.6 NMAC – Rn, 20 NMAC 2.74.105 10/31/02]

	  SEQ CHAPTER \h \r 1 106  AMENDMENT AND SUPERSESSION OF PRIOR
REGULATIONS:  ***	  SEQ CHAPTER \h \r 1 Rev submitted 12/29/05

Moved to 20.2.74.8 NMAC.

  SEQ CHAPTER \h \r 1 20.2.74.7 107 DEFINITIONS:  Terms used but not
defined in this part shall have the meaning given them by 20.2.2 NMAC
(Definitions) 20 NMAC 2.2 - Definitions (formerly AQCR 100).  As used in
this part the following definitions shall apply.	  SEQ CHAPTER \h \r 1
Rev submitted 12/29/05

Non-substantive change. 

  SEQ CHAPTER \h \r 1 	A.  “Act” ***	  SEQ CHAPTER \h \r 1 No
change.

  SEQ CHAPTER \h \r 1 	B.  “Actual emissions” ***	  SEQ CHAPTER \h
\r 1 Removal submitted 12/29/05

Replaced with new definition of “actual emissions. 

  SEQ CHAPTER \h \r 1 	B.  “Actual emissions” means the actual rate
of emissions of a regulated new source review pollutant from an
emissions unit, as determined in accordance with the Paragraphs (2)
through (4) of this subsection. 	  SEQ CHAPTER \h \r 1 Submitted
12/29/05

Replaces former definition of “actual emissions.”

Meets 40 CFR 51.166(b)(21).

		(1)  This definition shall not apply for calculating whether a
significant emissions increase has occurred, or for establishing a PAL
under 20.2.74.320 NMAC.  Instead, Subsections G through AQ of this
section apply for those purposes. 	Meets 40 CFR 51.166(b)(21)(i).

		(2) In general, actual emissions as of a particular date shall equal
the average rate, in tons per year, at which the unit actually emitted
the pollutant during a consecutive 24-month period which precedes the
particular date and which is representative of normal major stationary
source operation.  The department shall allow the use of a different
time period upon a determination that it is more representative of
normal source operation.  Actual emissions shall be calculated using the
unit's actual operating hours, production rates, and types of materials
processed, stored, or combusted during the selected time period; 	Meets
40 CFR 51.166(b)(21)(ii).

		(3) The department may presume that source-specific allowable
emissions for the unit are equivalent to actual emissions of the unit. 
Meets 40 CFR 51.166(b)(21)(iii).

		(4) For any emissions unit which has not begun normal operations on
the particular date, actual emissions shall equal the potential to emit
of the unit.	Meets 40 CFR 51.166(b)(21)(iv).

	  SEQ CHAPTER \h \r 1 C.  “Administrator” ***	  SEQ CHAPTER \h \r 1
No change.

  SEQ CHAPTER \h \r 1 	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 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.	  SEQ CHAPTER \h \r 1
Non-substantive.  

  SEQ CHAPTER \h \r 1 	E. “Allowable emissions” ***

	F.  “Attainment area” ***	  SEQ CHAPTER \h \r 1 No change.

  SEQ CHAPTER \h \r 1 	G.  “Baseline actual emissions” means the
rate of emissions, in tons per year, of a regulated new source review
pollutant, determined in accordance with the following.	  SEQ CHAPTER \h
\r 1 Submitted 12/29/05

Meets 40 CFR 51.166(b)(47)

  SEQ CHAPTER \h \r 1 		(1)  For any existing electric utility steam
generating unit, baseline actual emissions means the average rate, in
tons per year, at which the unit actually emitted the pollutant during
any consecutive 24-month period selected by the owner or operator within
the 5-year period immediately preceding when the owner or operator
begins actual construction of the project.  The department shall allow
the use of a different time period upon a determination that it is more
representative of normal source operation.	Meets 40 CFR 51.166(b)(47)(i)

			(a)  The average rate shall include fugitive emissions to the extent
quantifiable, and emissions associated with startups, shutdowns, and
malfunctions.	Meets 40 CFR 51.166(b)(47)(i)(a)

			(b)  The average rate shall be adjusted downward to exclude any
non-compliant emissions that occurred while the source was operating
above any emission limitation that was legally enforceable during the
consecutive 24-month period.	Meets 40 CFR 51.166(b)(47)(i)(b)

			(c)  For a regulated new source review pollutant, when a project
involves multiple emissions units, only one consecutive 24-month period
must be used to determine the baseline actual emissions for the
emissions units being changed.  A different consecutive 24-month period
can be used for each regulated pollutant.	Meets 40 CFR
51.166(b)(47)(i)(c)

			(d)  The average rate shall not be based on any consecutive 24-month
period for which there is inadequate information for determining annual
emissions in tons per year, and for adjusting this amount if required by
Subparagraph (b) of this paragraph.	Meets 40 CFR 51.166(b)(47)(i)(d) 
SEQ CHAPTER \h \r 1 

  SEQ CHAPTER \h \r 1 		(2)   For an existing emissions unit (other than
an electric utility steam generating unit) baseline actual emissions
means the average rate, in tons per year, at which the emissions unit
actually emitted the pollutant during any consecutive 24-month period
selected by the owner or operator within the 10-year period immediately
preceding either the date the owner or operator begins actual
construction of the project, or the date a complete permit application
is received by the department for a permit required either under this
part or under a plan approved by the administrator, whichever is
earlier, except that the 10-year period shall not include any period
earlier than November 15, 1990.	Meets 40 CFR 51.166(b)(47)(ii).

			(a)  The average rate shall include fugitive emissions to the extent
quantifiable, and authorized emissions associated with startups,
shutdowns, and malfunctions.	Meets 40 CFR 51.166(b)(47)(ii)(a).

			(b)  The average rate shall be adjusted downward to exclude any
noncompliant emissions that occurred while the source was operating
above any emission limitation that was legally enforceable during the
consecutive 24-month period.	Meets 40 CFR 51.166(b)(47)(ii)(b).

			(c)  The average rate shall be adjusted downward to exclude any
emissions that would have exceeded an emission limitation with which the
major stationary source must currently comply, had such major stationary
source been required to comply with such limitations during the
consecutive 24-month period.  However, if an emission limitation is part
of a maximum achievable control technology standard that the
administrator proposed or promulgated under 40 CFR Part 63, the baseline
actual emissions need only be adjusted if the state has taken credit for
such emissions reductions in an attainment demonstration or maintenance
plan consistent with the requirements of 40 CFR 51.165(a)(3)(ii)(G).
Meets 40 CFR 51.166(b)(47)(ii)(c).

			(d)  For a regulated pollutant, when a project involves multiple
emissions units, only one consecutive 24-month period must be used to
determine the baseline actual emissions for the emissions units being
changed.  A different consecutive 24-month period can be used for each
regulated pollutant.	Meets 40 CFR 51.166(b)(47)(ii)(d).

			(e)  The average rate shall not be based on any consecutive 24-month
period for which there is inadequate information for determining annual
emissions in tons per year, and for adjusting this amount if required by
Subparagraphs (b) and (c) of this paragraph.	Meets 40 CFR
51.166(b)(47)(ii)(e).

  SEQ CHAPTER \h \r 1 		(3)  For a new emissions unit, the baseline
actual emissions for purposes of determining the emissions increase that
will result from initial construction and operation of such unit shall
equal zero, and thereafter, for all other purposes, shall equal the
unit’s potential to emit.	  SEQ CHAPTER \h \r 1 Meets 40 CFR
51.166(b)(47)(iii)

  SEQ CHAPTER \h \r 1 		(4)  For a PAL for a major stationary source,
the baseline actual emissions shall be calculated for existing electric
steam generating units in accordance with the procedures contained in
Paragraph (1) of this subsection, and for other existing emissions units
in accordance with the procedures contained in Paragraph (2) of this
subsection, and for a new emissions unit in accordance with the
procedures contained in Paragraph (3) of this subsection.	  SEQ CHAPTER
\h \r 1 Meets 40 CFR 51.166(b)(47)(iv)

  SEQ CHAPTER \h \r 1 	H. G.  “Baseline area” ***	  SEQ CHAPTER \h
\r 1 Submitted 12/29/05

Non-substantive.

  SEQ CHAPTER \h \r 1 	H.  “Baseline concentration” ***	  SEQ
CHAPTER \h \r 1 Removal submitted 12/29/05

Replaced with new definition of “baseline concentration.”

  SEQ CHAPTER \h \r 1 	I.  “Baseline concentration”  means that
ambient concentration level which exists in the baseline area at the
time of the applicable minor source baseline date.  

	  SEQ CHAPTER \h \r 1 Submitted 12/29/05

Replaces former definition of “baseline concentration.”

Meets 40 CFR 51.166(b)(13).

		(1)  A baseline concentration is determined for each pollutant for a
minor source baseline date is established and shall include:

			(a)  the actual emissions, as defined in this section, 
representative of sources in existence on the applicable minor source
baseline date, except as provided in Paragraph (2) of this subsection;

			(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;	Meets 40
CFR 51.166(b)(13)(i).

		(2)  The following will not be included in the baseline concentration
and will not affect the applicable maximum allowable increases:

			(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.	Meets 40 CFR
51.166(b)(13)(ii).

	J.  I.  “Begin actual construction” ***	Rev. Submitted 12/29/05

Non-substantive.

	K.  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, clean fuels, 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 an 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.	Rev Submitted 12/29/05

Non-substantive. 

	L.  K.  “Building, structure, facility, or installation” ***

	M.  L.  “Class I Federal area”  ***	Rev Submitted 12/29/05

Non-substantive.

	M.  “Construction”  ***	Removal submitted 12/29/05

Replaced with new and identical definition of “construction” in new
Paragraph O.

	N.  “Commence”  ***	Rev Submitted 12/29/05

Non-substantive.

  SEQ CHAPTER \h \r 1 	O.  “Complete” means, in reference to an
application for a permit, that the application contains all of the
information necessary for processing the application.   	  SEQ CHAPTER
\h \r 1 Removal submitted 04/11/02.  

Although the definition of “complete” is removed, 20.2.74.301 NMAC
and 20.2.74.400 NMAC include each of the elements that an application
for a PSD permit must contain and meets the requirements of 40 CFR
51.166(n).  Thus the rules contain provisions that assures that PSD
applications are determined to be complete consistent with the Federal
rules.

See note below.

  SEQ CHAPTER \h \r 1 	O.  “Construction” means any physical change
or change in the method of operation (including fabrication, erection,
installation, demolition, or modification of an emissions unit) that
would result in a change in emissions.	  SEQ CHAPTER \h \r 1 Submitted
12/29/05

Meets 40 CFR 51.166(b)(8).

	P.  “Continuous emissions monitoring system (CEMS)”  means all of
the equipment that may be required to meet the data acquisition and
availability requirements of this section, to sample, condition (if
applicable), analyze, and provide a record of emissions on a continuous
basis.	Submitted 12/29/05

Meets 40 CFR 51.166(b)(43)

	Q.  “Continuous emissions rate monitoring system (CERMS)” means the
total equipment required for the determination and recording of the
pollutant mass emissions rate (in terms of mass per unit of time).
Submitted 12/29/05

Meets 40 CFR 51.166(b)(46)

	R.  “Continuous parameter monitoring system (CPMS)” means all of
the equipment necessary to meet the data acquisition and availability
requirements of this section, to monitor process and control device
operational parameters (for example, control device secondary voltages
and electric currents) and other information (for example, gas flow
rate, O2 or CO2 concentrations), and to record average operational
parameter values on a continuous basis.	Submitted 12/29/05

Meets 40 CFR 51.166(b)(45)

	S.  P.  “Department” ***	Rev Submitted 12/29/05  

Non-substantive.                      

	T.  “Electric utility steam generating unit” means any steam
electric generating unit that is constructed for the purpose of
supplying more than one-third of its potential electric output capacity
and more than 25 MW electrical output to any utility power distribution
system for sale. Any steam supplied to a steam distribution system for
the purpose of providing steam to a steam-electric generator that would
produce electrical energy for sale is also considered in determining the
electrical energy output capacity of the affected facility.	Submitted
12/29/05

Meets 40 CFR 51.166(b)(30)

	Q.  “Emissions Unit”  ***	Removal submitted 12/29/05

Replaced with new definition of “emissions unit.”

  SEQ CHAPTER \h \r 1 	U. “Emissions Unit” means any part of a
stationary source that emits or would have the potential to emit any
regulated pollutant, and includes an Electric utility steam generating
unit as defined in this Subsection.  For purposes of this section, there
are two types of emissions units as described below. 

			(A) A new emissions unit is any emissions unit that is (or will be)
newly constructed and that has existed for less than 2 years from the
date such emissions unit first operated. 

			(B) An existing emissions unit is any emissions unit that does not
meet the requirements in Subparagraph (A) of this definition. A
replacement unit, as defined in this Subsection, is an existing
emissions unit.	Submitted 12/29/05

Meets 40 CFR 51.166(b)(7)

	¶s R. – AB. are renamed ¶s V. – AB.	Rev. Submitted 12/29/05

Non-substantive.

  SEQ CHAPTER \h \r 1 	AC.  “Lowest Achievable Emission Rate”  means
for any source, the more stringent rate of emissions based on the
following:

		(1)  The most stringent emissions limitation which is contained in the
state implementation plan of any state for such class or category  or
stationary source, unless the owner or operator of the proposed
stationary source demonstrates that such limitations are not achievable;
or

		(2)  The most stringent emissions limitation which is achievable in
practice by such class or category  or stationary source.  This
limitation, when applied to a modification, means the lowest achievable
emissions rate for new or modified emissions units within the stationary
source.  In no event shall the application of this term permit a
proposed new or modified stationary source to emit any pollutant in
excess of the amount allowable under an applicable new source
performance standard.	Submitted 12/29/05

Meets 40 CFR 51.166(b)(52) and 40 CFR 51.165(a)(1)(xiii).

	Y.  “Major modification”  ***	Removal Submitted 12/29/05

Replaced with new definition of “major modification.”

	AD. “Major modification” means any physical change in or change in
the method of operation of a major stationary source that would result
in:  a significant emissions increase (as defined this section) of a
regulated new source review pollutant (as defined in this section); and
a significant net emissions increase (as defined in this section) of
that pollutant from the major stationary source.  Any significant
emissions increase from any emissions unit or net emissions increase at
a major stationary source that is significant for volatile organic
compounds shall be considered significant for ozone.	Submitted 12/29/05

Replaced former definition of “major modification.”

Meets 40 CFR 51.166(b)(2)(i)-(ii)

		(1)  A physical change or change in the method of operation shall not
include:	Meets 40 CFR 51.166(b)(2)(iii)

			(a)  routine maintenance, repair, and replacement;	Meets 40 CFR
51.166(b)(2)(iii)(a)

			(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 Coordination Act of
1974 (or any superseding legislation or by reason of a natural gas
curtailment plan of the Federal  Power Act;	Meets 40 CFR
51.166(b)(2)(iii)(b)

			(c)  use of a alternative fuel by reason of a order or rule under
section 125 of the Act.	Meets 40 CFR 51.166(b)(2)(iii)(c)

			(d).  use of an alternative fuel at a steam generating unit to the
extent that the fuel is generated from municipal solid waste;	Meets 40
CFR 51.166(b)(2)(iii)(d)

			(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 was approved to use under any permit issued under 
40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166;
Meets 40 CFR 51.166(b)(2)(iii)(e)

			(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; or	Meets 40 CFR 51.166(b)(2)(iii)(f)

			(g) Any change in ownership at the stationary source.	Meets 40 CFR
51.166(b)(2)(iii)(g)

			(h)  the installation, operation, cessation, or removal of a
temporary clean coal technology demonstration project, provided that the
project complies with:

				(i)  the State Implementation Plan for the state in which the
project is located; and

				(ii)  other requirements necessary to attain and maintain the
national ambient air quality standard during the project and after it is
terminated.	Meets 40 CFR 51.166(b)(2)(iii)(i)

			(i)   the installation or operation of a permanent clean coal
technology demonstration project that constitutes repowering, provided
that the project does not result in an increase in the potential to emit
of any regulated pollutant emitted by the unit.  This exemption shall
apply on a pollutant-by-pollutant basis.	Meets 40 CFR
51.166(b)(2)(iii)(j)

			(j)  the reactivation of a very clean coal-fired electric utility
steam generating unit.	Meets 40 CFR 51.166(b)(2)(iii)(k)

		(2)  This definition shall not apply with respect to a particular
regulated new source review pollutant when the major stationary source
is complying with the requirements under 20.2.74.320 NMAC for a PAL for
that pollutant.  Instead, the definition at Paragraph (8) of Subsection
20.2.74.320 NMAC shall apply.	Meets 40 CFR 51.166(b)(2)(iv)

	AE.  Z.  “Major source baseline date” ***	Rev. Submitted 12/29/05

Non-substantive.

	AF.  AA.  Major stationary source  means the following:	Rev. Submitted
12/29/05

Meets 40 CFR 51.166(b)(1)(i).

  SEQ CHAPTER \h \r 1 		(1)  1.  Any stationary source listed in table 1
(20.2.74.501) of this Part which emits, or has the potential to emit,
emissions equal to or greater than one hundred (100) tons per year or
more of any regulated new source review pollutant; or

		(2)  2.  Any stationary source not listed in table 1 (20.2.74.501) of
this Part which emits, or has the potential to emit, two hundred fifty
(250) tons per year or more of any regulated new source review
pollutant; or

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

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

		(5)  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  (20.2.74.501
NMAC) or any other stationary source category which as of August 7,
1980, is being regulated under Section 111 or 112 of the Act.	  SEQ
CHAPTER \h \r 1 Non-substantive.

  SEQ CHAPTER \h \r 1 	AG.  BB.  “Mandatory Class I Federal Area” 
means any area identified in the Code of Federal Regulations (CFR) 40
CFR Part 81, Subpart D.  See 20.2.74.108 Section 108 of this Part for a
list of these areas in New Mexico.	Rev. Submitted 12/29/05

Non-substantive.

	¶s CC. – DD. are renamed ¶s AH. – AJ.

		FF.  “Net emissions increase”  ***	Removal Submitted 12/29/05

Replaced w/ new definition of “net emissions increase” in Paragraph
AK below.

	AK.  “Net emissions increase”  means, with respect to any regulated
new source review pollutant emitted by a major stationary source, the
following.:	Submitted 12/29/05

Meets 40 CFR 51.166(b)(3)(i)

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

			(a)  The increase in emissions from a particular physical change or
change in the method of operation at a stationary source as calculated
in pursuant to Subsection D of 20.2.74.200 NMAC.

			(b)  Any other increases and decreases in actual emissions at the
major stationary source that are contemporaneous with the particular
change and are otherwise creditable.  Baseline actual emissions for
calculating increases and decreases under this Clause shall be
determined as provided in Subsection G, except that Subparagraph (d) of
Paragraph (2) of Subsection G of this section shall not apply.	Meets 40
CFR 51.166(b)(3)(i)(a)-(b)

		(2)  An increase or decrease in actual emissions 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	Meets 40 CFR 51.166(b)(3)(ii)

		(3)  An increase or decrease in actual emissions is creditable only
if:

			(a)  it it occurs within the time period five years prior to
commencement of construction on the particular change and the date of
that the increase from the particular change occurs; and 

			(b)  the department 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;	Meets 40 CFR
51.166(b)(3)(iii)

		(4)  An increase or decrease in actual emission of sulfur dioxide,
particulate mater, or nitrogen oxides that 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.	Meets 40 CFR 51.166(b)(3)(iv)

		(5)  An increase in actual emissions is creditable only to the extent
that the new level of actual emissions exceeds the old level.	Meets 40
CFR 51.166(b)(3)(v)

  SEQ CHAPTER \h \r 1 		(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 enforceable as a practical matter at and after the time of
actual construction on the particular change begins; and

			(c)  it has approximately the same qualitative significance for
public health and welfare as that attributed to the increase from the
particular change.	Meets 40 CFR 51.166(b)(3)(vi)

		(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.	Meets 40 CFR 51.166(b)(3)(vii)

		(8)  Paragraph (2) of Subsection B of this Section shall not apply for
determining creditable increases and decreases.	Meets 40 CFR
51.166(b)(3)(viii)

  SEQ CHAPTER \h \r 1 	¶s GG. – II. are renamed ¶s AL. – AN.	Rev
Submitted 12/29/05

Non-substantive.

	AO.  “Predictive Emissions Monitoring System (PEMS)”means all of
the equipment necessary to monitor process and control device
operational parameters (for example, control device secondary voltages
and electric currents) and other information (for example, gas flow
rate, O2 or CO2 concentrations), and calculate and record the mass
emissions rate (for example, lb/hr) on a continuous basis.	Submitted
12/29/05

Meets 40 CFR 51.166(b)(44)

	AP.  “Project” means a physical change in, or change in method of
operation of, an existing major stationary source.	Submitted 12/29/05

Meets 40 CFR 51.166(b)(51)

	AQ.  “Projected actual emissions” means the maximum annual rate, in
tons per year, at which an existing emissions unit is projected to emit
a regulated NSR pollutant in any one of the 5 years (12-month period)
following the date the unit resumes regular operation after the project,
or in any one of the 10 years following that date, if the project
involves increasing the emissions unit's design capacity or its
potential to emit of that regulated NSR pollutant and full utilization
of the unit would result in a significant emissions increase or a
significant net emissions increase at the major stationary source.  In
determining the projected actual emissions before beginning actual
construction, the owner or operator of the major stationary source:
Submitted 12/29/05

Meets 40 CFR 51.166(b)(40)(i) & (ii)

		(1)  shall consider all relevant information, including but not
limited to, historical operational data, the company's own
representations, the company's expected business activity and the
company's highest projections of business activity, the company's
filings with the state or federal regulatory authorities, and compliance
plans under the approved State Implementation Plan; and	Meets 40 CFR
51.166(b)(40)(ii)(a)

		(2)  shall include fugitive emissions to the extent quantifiable, and
emissions associated with startups, shutdowns, and malfunctions; and
Meets 40 CFR 51.166(b)(40)(ii)(b)

		(3)  shall exclude, in calculating any increase in emissions that
results from the particular project, that portion of the unit's
emissions following the project that an existing unit could have
accommodated during the consecutive 24-month period used to establish
the baseline actual emissions as defined in this Subsection and that are
also unrelated to the particular project, including any increased
utilization due to product demand growth; or, 

		(4)  in lieu of using the method set out in Subparagraphs a-c of this
definition, may elect to use the emissions unit's potential to emit, in
tons per year, as defined under paragraph (a)(1)(iii) of this
Subsection.	Meets 40 CFR 51.166(b)(40)(ii)(c) - (d)

	JJ.  “Regulated pollutant” means any air pollutant, the emission or
ambient concentration of, which is regulated under the Act.	Removal
Submitted 12/29/05

Replaced with new definition of “regulated new source review
pollutant.”  See ¶AR

  SEQ CHAPTER \h \r 1 	AR.  “Regulated new source review pollutant”,
for purposes of this part, means the following:

		(1)  any pollutant for which a national ambient air quality standard
has been promulgated and any constituents or precursors for such
pollutants identified by the Administrator (e.g., volatile organic
compounds are precursors for ozone); 

		(2)  any pollutant that is subject to any standard promulgated under
section 111 of the Act; 

		(3)  any Class I or II substance subject to a standard promulgated
under or established by title VI of the Clean Air Act; or 

		(4)  any pollutant that otherwise is subject to regulation under the
Clean Air Act; except that any or all hazardous air pollutants either
listed in section 112 of the Act or added to the list pursuant to
section 112(b)(2) of the Act, which have not been delisted pursuant to
Section 112(b)(3) of the Clean Air Act, are not regulated new source
review pollutants unless the listed hazardous air pollutant is also
regulated as a constituent or precursor of a general pollutant listed
under section 108 of the Clean Air Act.	Submitted 12/29/05

Replaced definition of “regulated pollutant” with new definition of
“regulated new source review pollutant.”

Meets 40 CFR 51.166(b)(49)

  SEQ CHAPTER \h \r 1 	AS.  “Replacement unit” means an emissions
unit for which all the following criteria are met. No creditable
emission reductions shall be generated from shutting down the existing
emissions unit that is replaced.

		(1)  The emissions unit is a reconstructed unit within the meaning of
40 CFR 60.15(b)(1), or the emissions unit completely takes the place of
an existing emissions unit.

		(2)  The emissions unit is identical to or functionally equivalent to
the replaced emissions unit.

		(3)  The replacement does not change the basic design parameters of
the process unit.

		(4)  The replaced emissions unit is permanently removed from the major
stationary source, otherwise permanently disabled, or permanently barred
from operation by a permit that is enforceable as a practical matter. If
the replaced emissions unit is brought back into operation, it shall
constitute a new emissions unit, as defined this Section.	Submitted
12/29/05

Meets 40 CFR 51.166(b)(32)

	¶s KK. – LL. are renamed ¶s AT. – AU.	Rev. Submitted 12/29/05

Non-substantive.  

	AV.  MM.  “Significant” means in reference to a net emissions
increase or the potential of a source to emit any of the following
pollutants, a rate of emissions that would equal or exceed any of the
rates listed in table 2 (20.2.74.502) of this Part.	Rev. Submitted
12/29/05

Non-substantive.  

	AW.  “Significant emissions increase” means, for a regulated new
source review pollutant, an increase in emissions that is significant
(as defined in Subsection AV of this section) for that pollutant.
Submitted 12/29/05

Meets 40 CFR 51.166(b)(39).

	AX.  NN.  “Stationary source” means any building, structure,
facility, or installation which emits, or may emit, any regulated new
source review pollutant.

	¶s OO. – QQ. are renamed ¶s AY. – BA.	Rev. Submitted 12/29/05

Non-substantive.  

[07/20/95; 01/01/00; 20.2.74.7 NMAC – Rn, 20 NMAC 2.74.107 10/31/02;
A, 1/22/06]

	20.2.74.8  106  AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS:  This
Part amends and supercedes 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 to refer to
this Part. 

[07/20/95; 20.2.74.8 NMAC – Rn, 20 NMAC 2.74.106 10/31/02]	Rev.
Submitted 12/29/05

Non-substantive.  

20.2.74.9  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  87503. 

[07/20/95; 20.2.74.9 NMAC – Rn, 20 NMAC 2.74.109 10/31/02]	Submitted
12/29/05

Meets 40 CFR 51.163.

20.2.74.10  SEVERABILITY.  If any provision of this part, or application
of such provision to any person or circumstance, is held invalid, the
remainder of this part, or the application of such provision to persons
or circumstances other than those to which it is held invalid, shall not
be affected thereby. 

[1/22/06]	Submitted 12/29/05

Meets 40 CFR 51.166(x)

20.2.74.11  CONSTRUCTION.  This part shall be liberally construed to
carry out its purpose. 

[1/22/06]	Submitted 12/29/05

Meets 40 CFR 51.163.

20.2.74.12  SAVINGS CLAUSE.  Repeal or supersession of prior versions of
this part shall not affect any administrative or judicial action under
those prior versions. 

[1/22/06]	Submitted 12/29/05

Meets 40 CFR 51.163.

20.2.74.13  COMPLIANCE WITH OTHER REGULATIONS.  Compliance with this
part does not relieve a person the responsibility to comply with other
applicable federal, state, or local regulations. 

[1/22/06]	Submitted 12/29/05

Meets 40 CFR 51.166(r)(1)

20.2.74.14  LIMITATION OF DEFENSE.  The existence of a valid permit
under this part shall not constitute a defense to a violation nor any
section of this part, except the requirement for obtaining a permit. 

[1/22/06]	Submitted 12/29/05

Meets 40 CFR 51.163.

20.2.74.15 to 20.2.74.107  [RESERVED]

	20.2.74.108  108  RESTRICTIONS ON AREA CLASSIFICATION	Submitted
12/29/05

  SEQ CHAPTER \h \r 1 	A.   Mandatory Class I areas:	Non-substantive.

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

			Renumber ¶s 1 – 4 to ¶s (a) – (d)	Non-substantive.

  SEQ CHAPTER \h \r 1 		(2)  Specifically for New Mexico, these areas
are:

				Administered by*

			(a)  Bandelier Wilderness, administered by NPS; 

			(b)  Bosque del Apache Wilderness, administered by NFWS; 

			(c)  Carlsbad Caverns National Park, administered by NPS; 

			(d)  Gila Wilderness, administered by NFS; 

			(e)  Pecos Wilderness, administered by NFS; 

			(f)  Salt Creek Wilderness, administered by NFWS; 

			(g)  San Pedro Parks Wilderness, administered by NFS;

			(h)  Wheeler Peak Wilderness, administered by NFS;

			(i)  White Mountain Wilderness, administered by NFS, where;  * NPS =
National Park Service, NFWS = National Fish and Wildlife Service, NFS =
National Forest Service.	Non-substantive

  SEQ CHAPTER \h \r 1 	B.   Areas which may be redesignated only as
Class I or II:	  SEQ CHAPTER \h \r 1 Submitted 12/29/05

  SEQ CHAPTER \h \r 1 		(1)  ***

			Renumber ¶s 1 – 2 to ¶s (1) – (2)	  SEQ CHAPTER \h \r 1
Non-substantive.

  SEQ CHAPTER \h \r 1 		(2)  Specifically for New Mexico, these areas
include (but are not necessarily limited to):  	Administered by*

			(a)  Apache Kid Wilderness, administered by NFS

			(b)  Bandelier National Monument, administered by NPS

			(c)  Bitter Lake National Wildlife Refuge, administered by NFWS

			(d)  Blue Range Wilderness, administered by NFS

			(e)  Bosque del Apache National Wildlife Refuge, administered by NFWS

			(f)  Capitan Mountains Wilderness, administered by NFS

			(g)  Cebolla Wilderness, administered by BLM

			(h)  Chama River Canyon Wilderness, administered by NFS

			(i)  Cruces Basin Wilderness, administered by NFS

			(j)  De-na-zin Wilderness, administered by BLM

			(k)  El Malpais National Monument, administered by NPS

			(l)  Latir Peak Wilderness, administered by NFS

			(m)  Manzano Mountain Wilderness, administered by NFS

			(n)  San Andres National Wildlife Refuge, administered by NFWS

			(o)  Sandia Mountain Wilderness, administered by NFS

			(p)  Sevilleta National Wildlife Refuge, administered by NFWS

			(q)  West Malpais Wilderness, administered by BLM

			(r)  White Sands National Monument, administered by NPS

  SEQ CHAPTER \h \r 1 			(s)  Withington Wilderness, administered by
NFS, where: * NFS = National Forest Service, NPS = National Park
Service, NFWS = National Fish and Wildlife Service, BLM =Bureau of Land
Management.	  SEQ CHAPTER \h \r 1 Non-substantive.

[07/20/95; 20.2.74.108 NMAC – Rn, 20 NMAC 2.74.108 10/31/02]

	20.2.74.109 to 20.2.74.199  [RESERVED]

	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.	Removal Submitted 12/29/05

replaced w/ new 20.2.74.200 NMAC

20.2.74.200  Applicability	Submitted 12/29/05

	A.  The requirements of this part apply to the construction of any new
major stationary source (as defined in 20.2.74.7 NMAC, or to any project
at an existing major stationary source in an area designated as
attainment or unclassifiable.	Meets 40 CFR 51.166(a)(7)(i)

	B.  The requirements of Sections 300 through 306, 400 and 403, of this
part apply to the construction of any new major stationary source or the
major modification of any existing major stationary source, except as
this part otherwise provides.	Meets 40 CFR 51.166(a)(7)(ii)

	C.  No new major stationary source or major modification to which the
requirements of Subsections A, B, C, and D of 20.2.74. NMAC, and
Sections 301, 302, 303, 304, 305, 306, 400, and 403 of this part apply
shall begin actual construction without a permit that states that the
major stationary source or major modification will meet those
requirements.	Meets 40 CFR 51.166(a)(7)(iii)

	D.  Applicability procedures.	Meets 40 CFR 51.166(a)(7)(iv)

		(1)  Except as otherwise provided in Subparagraph E and F of this
section, and consistent with the definition of major modification
contained in 20.2.74.7 NMAC, a project is a major modification for a
regulated new source review pollutant if it causes two types of
emissions increases -- a significant emissions increase (as defined in
20.2.74.7 NMAC), and a significant net emissions increase (as defined in
Subsections AK and AV of 20.2.74.7 NMAC). The project is not a major
modification if it does not cause a significant emissions increase. If
the project causes a significant emissions increase, then the project is
a major modification only if it also results in a significant net
emissions increase.	Meets 40 CFR 51.166(a)(7)(iv)(a)

		(2)  The procedure for calculating (before beginning actual
construction) whether a significant emissions increase (i.e., the first
step of the process) will occur depends upon the type of emissions units
being modified, according to Paragraphs (3) through (4) of this
subsection. The procedure for calculating (before beginning actual
construction) whether a significant net emissions increase will occur at
the major stationary source (i.e., the second step of the process) is
contained in the definition in 20.2.74.7 NMAC.  Regardless of any such
preconstruction projections, a major modification results if the project
causes a significant emissions increase and a significant net emissions
increase.	Meets 40 CFR 51.166(a)(7)(iv)(b)

		(3)  Actual-to-projected-actual applicability test for projects that
involve existing emissions units. A significant emissions increase of a
regulated new source review pollutant is projected to occur if the sum
of the difference between the projected actual emissions (as defined in
20.2.74.NMAC) and the baseline actual emissions (as defined in
Paragraphs (1) and (2) of Subsection G of 20.2.74.NMAC) for each
existing emissions unit, equals or exceeds the significant amount for
that pollutant (as defined in 20.2.74.NMAC).	Meets 40 CFR
51.166(a)(7)(iv)(c)

		(4)  Actual-to-potential test for projects that involve construction
of a new emissions unit(s). A significant emissions increase of a
regulated new source review pollutant is projected to occur if the sum
of the difference between the potential to emit (as defined 20.2.74.7
NMAC) from each new emissions unit following completion of the project
and the baseline actual emissions (as defined in Paragraph (3) of
Subsection G of  20.2.74.7 NMAC) of these units before the project
equals or exceeds the significant amount for that pollutant (as defined
in 20.2.74.NMAC).	Meets 40 CFR 51.166(a)(7)(iv)(d)

		(5)  Hybrid test for projects that involve multiple types of emissions
units. A significant emissions increase of a regulated new source review
pollutant is projected to occur if the sum of the emissions increases
for each emissions unit, using the method specified in Paragraphs (3)
and (4) subsection as applicable with respect to each emissions unit,
for each type of emissions unit equals or exceeds the significant amount
for that pollutant (as defined in 20.2.74.NMAC).	Meets 40 CFR
51.166(a)(7)(iv)(f)

	E.  For any major stationary source for a PAL for a regulated new
source review pollutant, the major stationary source shall comply with
the requirements under 20.2.74.320 NMAC.	Meets 40 CFR 51.166(a)(7)(v)

[07/20/95; 20.2.74.200 NMAC – Rn, 20 NMAC 2.74.200 10/31/02; A,
1/22/06]

	  SEQ CHAPTER \h \r 1 20.2.74.201  201.  EXEMPTIONS:  ***

*          *          *          *          *

	C.   ***

		Renumber ¶s 1 – 4 to ¶s (1) – (4)

	D.   ***

		Renumber ¶s 1 – 2 to ¶s (1) – (2)

[07/20/95; 20.2.74.201 NMAC – Rn, 20 NMAC 2.74.201 10/31/02; A,
1/22/06]	Submitted 12/29/05

Nonsubstantive



20.2.74.202 to 20.2.74.299  [RESERVED]

	20.2.74.300 300. OBLIGATIONS OF OWNERS OR OPERATORS OF SOURCES:	Rev
Submitted 12/29/05

*          *          *          *          *  SEQ CHAPTER \h \r 1 

		E.  The following provisions apply to projects at existing emissions
units at a major stationary source (other than projects at a PAL) in
circumstances where the owner or operator elects to use the method
specified in Paragraphs (1) through (3) of Subsection AQ of 20.2.74.7
NMAC for calculating projected actual emissions.	Meets 40 CFR
51.166(r)(6).

NOTE:  Does not include the “reasonable possibility” provisions that
the D.C. Circuit remanded to EPA.

  SEQ CHAPTER \h \r 1 		(1)  Before beginning actual construction of the
project, the owner or operator shall document and maintain a record of
the following information: 

			(a)  a description of the project; 

			(b)  identification of the emissions units whose emissions of a
regulated new source review  pollutant could be affected by the project;
and 

			(c)   a description of the applicability test used to determine that
the project is not a major modification for any regulated new source
review pollutant, including the baseline actual emissions, the projected
actual emissions, the amount of emissions excluded under Paragraph (3)
of Subjection AQ of 20.2.74.7 NMAC and an explanation for why such
amount was excluded, and any netting calculations, if applicable.	Meets
40 CFR 51.166(r)(6)(i)

		(2)  If the emissions unit is an existing electric utility steam
generating unit, before beginning actual construction, the owner or
operator shall provide a copy of the information set out in Paragraph
(1) of this subsection to the department.  Nothing in this paragraph
shall be construed to require the owner or operator of such a unit to
obtain any determination from the department; however, preconstruction
approvals and/or permits must be obtained before beginning actual
construction.	Meets 40 CFR 51.166(r)(6)(ii)

		(3)  The owner or operator shall monitor the emissions of any
regulated new source review pollutant that could increase as a result of
the project and that is emitted by any emissions unit identified in
Subparagraph (b) or Paragraph (1) of this subsection; and calculate and
maintain a record of the annual emissions, in tons per year on a
calendar year basis, for a period of 5 years following resumption of
regular operations after the change, or for a period of 10 years
following resumption of regular operations after the change if the
project increases the design capacity or potential to emit of that
regulated new source review pollutant at such emissions unit.	Meets 40
CFR 51.166(r)(6)(iii)

		(4)  If the unit is an existing electric utility steam generating
unit, the owner or operator shall submit a report to the department
within 60 days after the end of each year during which records must be
generated under Subparagraph (c) or Paragraph (1) of this subsection
setting out the unit's annual emissions during the calendar year that
preceded submission of the report.	Meets 40 CFR 51.166(r)(6)(iv)

  SEQ CHAPTER \h \r 1 		(5)  If the unit is an existing unit other than
an electric utility steam generating unit, the owner or operator shall
submit a report to the department if the annual emissions, in tons per
year, from the project identified in Paragraph (1) of this subsection,
exceed the baseline actual emissions (as documented and maintained
pursuant to Subparagraph (c) of Paragraph (1) of this subsection) by a
significant amount (as defined in 20.2.74.7 NMAC) for that regulated new
source review pollutant, and if such emissions differ from the
preconstruction projection as documented and maintained pursuant to
Subparagraph (c) of Paragraph (1) of this subsection. Such report shall
be submitted to the department within 60 days after the end of such
year. The report shall contain the following:

			(a)  the name, address and telephone number of the major stationary
source;

			(b)  the annual emissions as calculated pursuant to Paragraph (3) of
this subsection; and

			(c)   any other information that the owner or operator wishes to
include in the report (e.g., an explanation as to why the emissions
differ from the preconstruction projection).	  SEQ CHAPTER \h \r 1 Meets
40 CFR 51.166(r)(6)(v)

  SEQ CHAPTER \h \r 1 	F.   The owner or operator of the source shall
make the information required to be documented and maintained pursuant
to Subsection E of this section available for review upon request for
inspection by the department or the general public pursuant to the
requirements contained in 40 CFR 70.4(b)(3)(viii).	  SEQ CHAPTER \h \r 1
Meets 40 CFR 51.166(r)(7)

[07/20/95; 20.2.74.300 NMAC – Rn, 20 NMAC 2.74.300 10/31/02; A,
1/22/06]

	  SEQ CHAPTER \h \r 1 20.2.74.301 301. SOURCE INFORMATION:  ***

	A.   ***

		Renumber ¶s 1 – 3 to ¶s (1) – (3)

	B.   ***

		Renumber ¶s 1 – 2 to ¶s (1) – (2)

[07/20/95; 20.2.74.301 NMAC – Rn, 20 NMAC 2.74.301 10/31/02]	Rev
Submitted 12/29/05

Non-substantive.  

20.2.74.302 302.  CONTROL TECHNOLOGY REQUIREMENTS:	Rev Submitted
12/29/05

Non-substantive.  

*          *          *          *          *

	D.  ***

		Renumber ¶s 1 – 3 to ¶s (1) – (3)

		(4)  4.   ***

			Renumber ¶s a – c to ¶s (a) – (c)

		(5)  5.   ***

	E.  ***

		(1)  1.   *** Renumber ¶s 1 – 3 to ¶s (1) – (3)

*          *          *          *          *	Non-substantive.

[07/20/95; 20.2.74.302 NMAC – Rn, 20 NMAC 2.74.302 10/31/02]

	  SEQ CHAPTER \h \r 1 20.2.74.303 303.  AMBIENT IMPACT REQUIREMENTS:

*          *          *          *          *

	B.   ***

		Renumber ¶s 1 – 2 to ¶s (1) – (2)

		(3)  C.   The owner or operator of the proposed major stationary
source or major modification shall demonstrate that neither paragraph
(1) nor paragraph (2) of 20.2.74.303 NMAC 303.B.1 nor 303.B.2 will
occur.

[07/20/95; 20.2.74.303 NMAC – Rn, 20 NMAC 2.74.303 10/31/02]	Rev
Submitted 12/29/05

Non-substantive.

  SEQ CHAPTER \h \r 1 20.2.74.304 304. ADDITIONAL IMPACT REQUIREMENTS:

*          *          *          *          *

[07/20/95; 20.2.74.304 NMAC – Rn, 20 NMAC 2.74.304 10/31/02]	Rev
Submitted 12/29/05

Non-substantive.

20.2.74.305 305. AMBIENT AIR QUALITY MODELING:   *** 

 [07/20/95; 20.2.74.305 NMAC – Rn, 20 NMAC 2.74.305 10/31/02]	Rev
Submitted 12/29/05

Non-substantive.

20.2.74.306 306. MONITORING REQUIREMENTS:

	A.   ***

		Renumber ¶s 1 – 2 to ¶s (1) – (2)

		(2)  2.   ***

*          *          *          *          *

	C.   ***

		Renumber ¶s 1 – 2 to ¶s (1) – (2)

*          *          *          *          *

	E.   ***

		Renumber ¶s 1 – 3 to ¶s (1) – (3)

*          *          *          *          *

	I.   ***

		Renumber ¶s 1 – 3 to ¶s (1) – (3)

[07/20/95; 20.2.74.306 NMAC – Rn, 20 NMAC 2.74.306 10/31/02]	Rev
Submitted 12/29/05

Non-substantive.

20.2.74.307  307. TEMPORARY SOURCE EXEMPTIONS:   The requirements of
20.2.74.304 NMAC and 20.2.74.306 NMAC 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.

[07/20/95; 20.2.74.307 NMAC – Rn, 20 NMAC 2.74.307 10/31/02]	Rev
Submitted 12/29/05

Non-substantive change.

20.2.74.308 to 20.2.74.319  [RESERVED]

	  SEQ CHAPTER \h \r 1 20.2.74.320  ACTUALS PLANTWIDE APPLICABILITY
LIMITS (PALs)	  SEQ CHAPTER \h \r 1 Submitted 12/29/05  

Meets 40 CFR 51.166(w).

  SEQ CHAPTER \h \r 1 	A.  Applicability.	  SEQ CHAPTER \h \r 1 Meets 40
CFR 51.166(w)(1)

		(1)  The department may approve the use of an actuals PAL for any
existing major stationary source if the PAL meets the requirements of
this section. The term "PAL" shall mean "actuals PAL" throughout
paragraph this section.	Meets 40 CFR 51.166(w)(1)(i)

  SEQ CHAPTER \h \r 1 		(2)  Any physical change in or change in the
method of operation of a major stationary source that maintains its
total source-wide emissions below the PAL level, meets the requirements
of this Subsection, and complies with the PAL permit:

			(a)  is not a major modification for the PAL pollutant; 

			(b)  does not have to be approved through the plan's nonattainment
major NSR program; an 

			(c)   is not subject to the provisions in Subsection D of 20.2.74.300
NMED (restrictions on relaxing enforceable emission limitations that the
major stationary source used to avoid applicability of the nonattainment
major new source review program).	  SEQ CHAPTER \h \r 1 Meets 40 CFR
51.166(w)(1)(ii)

  SEQ CHAPTER \h \r 1 		(3)  Except as provided under Subparagraph (c)
of Paragraph (i) of this subsection, a major stationary source shall
continue to comply with all applicable federal or state requirements,
emission limitations, and work practice requirements that were
established prior to the effective date of the PAL.	  SEQ CHAPTER \h \r
1 Meets 40 CFR 51.166(w)(1)(iii)

	B.   Definitions applicable to this section.	Meets 40 CFR 51.166(w)(2)

		(1)  Actuals PAL for a major stationary source means a PAL based on
the baseline actual emissions (as defined in 20.2.74.7 NMAC) at the
source, that emit or have the potential to emit the PAL pollutant.	Meets
40 CFR 51.166(w)(2)(i)

  SEQ CHAPTER \h \r 1 		(2)  Allowable emissions means “allowable
emissions” as defined in 20.2.74.7 NMAC, except as this definition is
modified in accordance with the following:

			(a)  The allowable emissions for any emissions unit shall be
calculated considering any emission limitations that are enforceable as
a practical matter on the emissions unit's potential to emit. 

			(2)  An emissions unit's potential to emit shall be determined using
the definition in 20.2.74.7 NMAC, except that the words "or enforceable
as a practical matter" should be added after "federally enforceable."	 
SEQ CHAPTER \h \r 1 Meets 40 CFR 51.166(w)(2)(ii)

		(3)  Small emissions unit means an emissions unit that emits or has
the potential to emit the PAL pollutant in an amount less than the
significant level for that PAL pollutant, as defined in Subsection AV of
20.2.74.7 NMAC or in the act, whichever is lower.	Meets 40 CFR
51.166(w)(2)(iii)

  SEQ CHAPTER \h \r 1 		(4)  Major emissions unit means

			(a)  any emissions unit that emits or has the potential to emit 100
tons per year or more of the PAL pollutant in an attainment area; or 

			(b)  any emissions unit that emits or has the potential to emit the
PAL pollutant in an amount that is equal to or greater than the major
source threshold value for the PAL pollutant as defined in the Clean Air
Act for nonattainment areas.  For example, in accordance with the
definition of major stationary source in Section 182(c) of the Clean Air
Act, an emissions unit would be a major emissions unit for VOC if the
emissions unit is located in a serious ozone nonattainment area and it
emits or has the potential to emit 50 or more tons of VOC per year.	 
SEQ CHAPTER \h \r 1 Meets 40 CFR 51.166(w)(2)(iv)

		(5)  Plantwide applicability limitation (PAL) means an emission
limitation expressed in tons per year, for a pollutant at a major
stationary source, that is enforceable as a practical matter and
established source-wide in accordance with this section.	Meets 40 CFR
51.166(w)(2)(v)

		(6)  PAL effective date generally the date means of issuance of the
PAL permit. However, the PAL effective date for an increased PAL is the
date any emissions unit which is part of the PAL major modification
becomes operational and begins to emit the PAL pollutant.	Meets 40 CFR
51.166(w)(2)(vi)

		(7)  PAL effective period means the period beginning with the PAL
effective date and ending 10 years later.	Meets 40 CFR 51.166(w)(2)(vii)

		(8) PAL major modification means,  notwithstanding the definitions for
major modification and net emissions increase in 20.2.74.7 NMAC, any
physical change in or change in the method of operation of the PAL
source that causes it to emit the PAL pollutant at a level equal to or
greater than the PAL .	Meets 40 CFR 51.166(w)(2)(viii)

		(9)  PAL permit means the major NSR permit, the minor NSR permit, or
the State operating permit under a program that is approved into the
plan, or the title V permit issued by the administrative authority that
establishes a PAL for a major stationary source.	Meets 40 CFR
51.166(w)(2)(ix)

		(10)  PAL pollutant means the pollutant for which a PAL is established
at a major stationary source.	Meets 40 CFR 51.166(w)(2)(x)

  SEQ CHAPTER \h \r 1 		(11)  Significant emissions unit means an
emissions unit that emits or has the potential to emit a PAL pollutant
in an amount that is equal to or greater than the significant level (as
defined in Subsection AV of 20.2.74.7 NMAC or in the act, whichever is
lower) for that PAL pollutant, but less than the amount that would
qualify the unit as a major emissions unit as defined in Paragraph (4)
of this subsection.	  SEQ CHAPTER \h \r 1 Meets 40 CFR 51.166(w)(2)(xi)

	C.  Permit application requirements.  As part of a permit application
requesting a PAL, the owner or operator of a major stationary source
shall submit the following information to the administrative authority
for approval.	Meets 40 CFR 51.166(w)(3)

		(1)  A list of all emissions units at the source designated as small,
significant or major based on their potential to emit. In addition, the
owner or operator of the source shall indicate which, if any, Federal or
State applicable requirements, emission limitations or work practices
apply to each unit.	Meets 40 CFR 51.166(w)(3)

		(2)  Calculations of the baseline actual emissions with supporting
documentation. Baseline actual emissions are to include emissions
associated not only with operation of the unit, but also emissions
associated with startup, shutdown and malfunction.	Meets 40 CFR
51.166(w)(3)(ii)

		(3)  The calculation procedures that the major stationary source owner
or operator proposes to use to convert the monitoring system data to
monthly emissions and annual emissions based on a 12-month rolling total
for each month as required by Subsection M Section.	Meets 40 CFR
51.166(w)(3)(iii)

	D.  General requirements for establishing PALs.	Meets 40 CFR
51.166(w)(4)

  SEQ CHAPTER \h \r 1 		(1)  The department may establish a PAL at a
major stationary source, provided that at a minimum, the following
requirements are met.	  SEQ CHAPTER \h \r 1 Meets 40 CFR 51.166(w)(4)(i)

			(a)  The PAL shall impose an annual emission limitation in tons per
year, that is enforceable as a practical matter, for the entire major
stationary source. For each month during the PAL effective period after
the first 12 months of establishing a PAL, the major stationary source
owner or operator shall show that the sum of the monthly emissions from
each emissions unit under the PAL for the previous 12 consecutive months
is less than the PAL (a 12-month average, rolled monthly). For each
month during the first 11 months from the PAL effective date, the major
stationary source owner or operator shall show that the sum of the
preceding monthly emissions from the PAL effective date for each
emissions unit under the PAL is less than the PAL.	Meets 40 CFR
51.166(w)(4)(i)(a)

			(b)  The PAL shall be established in a PAL permit that meets the
public participation requirements in Subsection E Section.	Meets 40 CFR
51.166(w)(4)(i)(b)

			(c)  The PAL permit shall contain all the requirements of Subsection
G of this Section.	Meets 40 CFR 51.166(w)(4)(i)(c)

			(d)  The PAL shall include fugitive emissions, to the extent
quantifiable, from all emissions units that emit or have the potential
to emit the PAL pollutant at the major stationary source.	Meets 40 CFR
51.166(w)(4)(i)(d)

			(e)  Each PAL shall regulate emissions of only one pollutant.	Meets
40 CFR 51.166(w)(4)(i)(e)

			(f)  Each PAL shall have a PAL effective period of 10 years.	Meets 40
CFR 51.166(w)(4)(i)(f)

			(g)  The owner or operator of the major stationary source with a PAL
shall comply with the monitoring, recordkeeping, and reporting
requirements provided in Subsections L through N of this section for
each emissions unit under the PAL through the PAL effective period.
Meets 40 CFR 51.166(w)(4)(i)(g)

  SEQ CHAPTER \h \r 1 		(2)  At no time during or after the PAL
effective period are emissions reductions of a PAL pollutant, which
occur during the PAL effective period, creditable as decreases for
purposes of offsets under 40 CFR 51.165(a)(3)(ii) unless the level of
the PAL is reduced by the amount of such emissions reductions and such
reductions would be creditable in the absence of the PAL.	  SEQ CHAPTER
\h \r 1 Meets 40 CFR 51.166(w)(4)(ii)

  SEQ CHAPTER \h \r 1 	E.  Public participation requirement for PALs. 
PALs Procedures for existing major stationary sources shall be
established, renewed, or increased through a procedure that is
consistent with 40 CFR 51.160 and 51.161.  This includes the requirement
that the administrative authority provide the public with notice of the
proposed approval of a PAL permit and at least a 30-day period for
submittal of public comment. The administrative authority shall address
all material comments before taking final action on the permit.	  SEQ
CHAPTER \h \r 1 Meets 40 CFR 51.166(w)(5)

	F.  Setting the 10-year actuals PAL level.	Meets 40 CFR 51.166(w)(6)

  SEQ CHAPTER \h \r 1 		(1)  Except as provided in Paragraph (2) of this
subsection, the actuals PAL level for a major stationary source shall be
established as the sum of the baseline actual emissions (as defined in
20.2.74.7 NMAC) of the PAL pollutant for each emissions unit at the
source; plus an amount equal to the applicable significant level for the
PAL pollutant under Subsection AV of 20.2.74.7 NMAC or under that act,
whichever is lower. When establishing the actuals PAL level, for a PAL
pollutant, only one consecutive 24-month period must be used to
determine the baseline actual emissions for all existing emissions
units. However, a different consecutive 24-month period may be used for
each different PAL pollutant. Emissions associated with units that were
permanently shut down after this 24-month period must be subtracted from
the PAL level. The administrative authority shall specify a reduced PAL
levels (in tons/yr) in the PAL permit to become effective on the future
compliance dates of any applicable Federal or State regulatory
requirements that the administrative authority is aware of prior to
issuance of the PAL permit. For instance, if the source owner or
operator will be required to reduce emissions from industrial boilers in
half from baseline emissions of 60 ppm NOX to a new rule limit of 30
ppm, then the permit shall contain a future effective PAL level that is
equal to the current PAL level reduced by half of the original baseline
emissions of such unit.	  SEQ CHAPTER \h \r 1 Meets 40 CFR
51.166(w)(6)(i)

  SEQ CHAPTER \h \r 1 		(2)  For newly constructed units (which do not
include modifications to existing units) on which actual construction
began after the 24-month period, in lieu of adding the baseline actual
emissions as specified in Paragraph (1) of this subsection, the
emissions must be added to the PAL level in an amount equal to the
potential to emit of the units.	  SEQ CHAPTER \h \r 1 Meets 40 CFR
51.166(w)(6)(ii)

	G.  Contents of the PAL permit. The PAL permit contain, at a minimum,
the following information:	Meets 40 CFR 51.166(w)(7)

		(1)  The PAL pollutant and the applicable source-wide emission
limitation in tons per year.	Meets 40 CFR 51.166(w)(7)(i)

		(2)  The PAL permit effective date and the expiration date of the PAL
(PAL effective period).	Meets 40 CFR 51.166(w)(7)(ii)

		(3)  Specification in the PAL permit that if a major stationary source
owner or operator applies to renew a PAL in accordance with Paragraph
AA.10 of this Section before the end of the PAL effective period, then
the PAL shall not expire at the end of the PAL effective period. It
shall remain in effect until a revised PAL permit is issued by the
department.	Meets 40 CFR 51.166(w)(7)(iii)

		(4)  A requirement that emission calculations for compliance purposes
include emissions from startup, shutdown, and malfunction.	Meets 40 CFR
51.166(w)(7)(iv)

		(5)  A requirement that, once the PAL expires, the major stationary
source is subject to the requirements of Subsection I of this section.
Meets 40 CFR 51.166(w)(7)(v)

		(6)  The calculation procedures that the major stationary source owner
or operator shall use to convert the monitoring system data to monthly
emissions and annual emissions based on a 12-month rolling total for
each month as required by Paragraph (1) of Subsection C of this section.
Meets 40 CFR 51.166(w)(7)(vi)

		(7)  A requirement that the major stationary source owner or operator
monitor all emissions units in accordance with the provisions under
Subsection M of this section.	Meets 40 CFR 51.166(w)(7)(vii)

		(8)  A requirement to retain the records required under Subsection M
of this section on site. Such records may be retained in an electronic
format.	Meets 40 CFR 51.166(w)(7)(viii)

		(9)  A requirement to submit the reports required under Subsection N
of this section by the required deadlines.	Meets 40 CFR 51.166(w)(7)(ix)

  SEQ CHAPTER \h \r 1 		(10)  Any other requirements that the department
deems necessary to implement and enforce the PAL.	  SEQ CHAPTER \h \r 1
Meets 40 CFR 51.166(w)(7)(x)

	H.  PAL Effective Period and Reopening of the PAL Permit.	Meets 40 CFR
51.166(w)(8)

  SEQ CHAPTER \h \r 1 		(1)  PAL Effective Period. The PAL effective
period shall be 10 years.	  SEQ CHAPTER \h \r 1 Meets 40 CFR
51.166(w)(8)(i)

  SEQ CHAPTER \h \r 1 		(2)  Reopening of the PAL Permit.	  SEQ CHAPTER
\h \r 1 Meets 40 CFR 51.166(w)(8)(ii)

  SEQ CHAPTER \h \r 1 			(a)  During the PAL effective period, the
department shall reopen the PAL permit to: 

				(i)  correct typographical/calculation errors made in setting the
PAL or reflect a more accurate determination of emissions used to
establish the PAL. 

				(ii)  reduce the PAL if the owner or operator of the major
stationary source creates creditable emissions reductions for use as
offsets under 40 CFR 51.165(a)(3)(ii); and 

				(iii)  revise the PAL to reflect an increase in the PAL as provided
under Subsection K of this section.	  SEQ CHAPTER \h \r 1 Meets 40 CFR
51.166(w)(8)(ii)(a)

  SEQ CHAPTER \h \r 1 			(b)  The department may reopen the PAL permit
for the following: 

				(i)  to reduce the PAL to reflect newly applicable Federal
requirements (e.g.  NSPS) with compliance dates after the PAL effective
date; 

				(ii)  to reduce the PAL consistent with any other requirement, that
is enforceable as a practical matter, and that the department may impose
on the major stationary source under the plan. 

				(iii)  to reduce the PAL if the department determines that a
reduction is necessary to avoid causing or contributing to a national
ambient air quality standard (NAAQS) or PSD increment violation, or to
an adverse impact on an air quality related value that has been
identified for a federal class I area by a federal land manager and for
which information is available to the general public.	  SEQ CHAPTER \h
\r 1 Meets 40 CFR 51.166(w)(8)(ii)(b)

  SEQ CHAPTER \h \r 1 			(c)  Except for the permit reopening in Item
(i) of Subparagraph (a) or Paragraph (2) of this subsection for the
correction of typographical/calculation errors that do not increase the
PAL level, all other reopenings shall be carried out in accordance with
the public participation requirements of Subsection E of this section.	 
SEQ CHAPTER \h \r 1 Meets 40 CFR 51.166(w)(8)(ii)(c)

	I.  Expiration of a PAL.  Any PAL that is not renewed in accordance
with the procedures in Subsection J of this section shall expire at the
end of the PAL effective period, and the following requirements shall
apply.	Meets 40 CFR 51.166(w)(9)

  SEQ CHAPTER \h \r 1 		(1)  Each emissions unit (or each group of
emissions units) that existed under the PAL shall comply with an
allowable emission limitation under a revised permit established
according to the following procedures.	  SEQ CHAPTER \h \r 1 Meets 40
CFR 51.166(w)(9)(i)

			(a)  Within the time frame specified for PAL renewals in Paragraph
(2) of Subsection J of this section, the major stationary source shall
submit a proposed allowable emission limitation for each emissions unit
(or each group of emissions units, if such a distribution is more
appropriate as decided by the administrative authority) by distributing
the PAL allowable emissions for the major stationary source among each
of the emissions units that existed under the PAL. If the PAL had not
yet been adjusted for an applicable requirement that became effective
during the PAL effective period, as required under Paragraph (5) of
Subsection J of this section, such distribution shall be made as if the
PAL had been adjusted.	Meets 40 CFR 51.166(w)(9)(i)(a)

			(b).  The department shall decide whether and how the PAL allowable
emissions will be distributed and issue a revised permit incorporating
allowable limits for each emissions unit, or each group of emissions
units, as the administrative authority determines is appropriate.	Meets
40 CFR 51.166(w)(9)(i)(b)

		(3)  Until the department issues the revised permit incorporating
allowable limits for each emissions unit, or each group of emissions
units, as required under Subparagraph (b) or Paragraph (1) of Subsection
I of this Section, the source shall continue to comply with a
source-wide, multi-unit emissions cap equivalent to the level of the PAL
emission limitation.	Meets 40 CFR 51.166(w)(9)(iii)

		(4)  Any physical change or change in the method of operation at the
major stationary source will be subject to the nonattainment major NSR
requirements if such change meets the definition of major modification
in 20.2.74.7 NMAC.	Meets 40 CFR 51.166(w)(9)(iv)

		(5)  The major stationary source owner or operator shall continue to
comply with any New Mexico or federal applicable requirements (BACT,
RACT, NSPS, etc.) that may have applied either during the PAL effective
period or prior to the PAL effective period except for those emission
limitations that had been established pursuant to Subjection D of
20.2.74.300 NMAC, but were eliminated by the PAL in accordance with the
provisions in Subparagraph (c) or Paragraph (2) of Subsection A of this
section.	Meets 40 CFR 51.166(w)(9)(v)

	J.  Renewal of a PAL.	Meets 40 CFR 51.166(w)(10)

		(1)  The department shall follow the procedures specified in
Subsection E of this section in approving any request to renew a PAL for
a major stationary source, and shall provide both the proposed PAL level
and a written rationale for the proposed PAL level to the public for
review and comment. During such public review, any person may propose a
PAL level for the source for consideration by the department.	Meets 40
CFR 51.166(w)(10)(i)

		(2)  Application Deadline. A major stationary source owner or operator
shall submit a timely application to the department to request renewal
of a PAL. A timely application is one that is submitted at least 6
months prior to, but not earlier than 18 months from, the date of permit
expiration. This deadline for application submittal is to ensure that
the permit will not expire before the permit is renewed. If the owner or
operator of a major stationary source submits a complete application to
renew the PAL within this time period, then the PAL shall continue to be
effective until the revised permit with the renewed PAL is issued.	Meets
40 CFR 51.166(w)(10)(ii)

		(3)  Application Requirements. The application to renew a PAL permit
shall contain the following information:

			(1)  The information required in Subparagraphs AA.3.a-c of this
Section. 

			(2)  A proposed PAL level. 

			(3)  The sum of the potential to emit of all emissions units under
the PAL, with supporting documentation . 

			(4)  Any other information the owner or operator wishes the
department to consider in determining the appropriate level for renewing
the PAL.	Meets 40 CFR 51.166(w)(10)(iii)

  SEQ CHAPTER \h \r 1 		(4)  PAL Adjustment. In determining whether and
how to adjust the PAL, the department shall consider the options
outlined in Subparagraphs (a) and (b) of this paragraph. However, in no
case may any such adjustment fail to comply with Subparagraph (c) of
this paragraph.	  SEQ CHAPTER \h \r 1 Meets 40 CFR 51.166(w)(10)(iv)

			(a)  If the emissions level calculated in accordance with Subsection
F of this section is equal to or greater than 80 percent of the PAL
level, the department may renew the PAL at the same level without
considering the factors set forth in Subparagraph (b) of this paragraph.
Meets 40 CFR 51.166(w)(10)(iv)(a)

			(b)  The department may set the PAL at a level that it determines to
be more representative of the source's baseline actual emissions, or
that it determines to be appropriate considering air quality needs,
advances in control technology, anticipated economic growth in the area,
desire to reward or encourage the source's voluntary emissions
reductions, or other factors as specifically identified by the
department in its written rationale.	Meets 40 CFR 51.166(w)(10)(iv)(b)

			(c)  Notwithstanding Subparagraphs (a) and (b) of this paragraph: 

				(i)  if the potential to emit of the major stationary source is less
than the PAL, the administrative authority shall adjust the PAL to a
level no greater than the potential to emit of the source; and 

				(ii)  the department shall not approve a renewed PAL level higher
than the current PAL, unless the major stationary source has complied
with the provisions of  Paragraph AA.11 of this Section regarding
increasing a PAL.	Meets 40 CFR 51.166(w)(10)(iv)(c)

		(5)  If the compliance date for a state or federal requirement that
applies to the PAL source occurs during the PAL effective period, and if
the department has not already adjusted for such requirement, the PAL
shall be adjusted at the time of PAL permit renewal or title V permit
renewal, whichever occurs first.	Meets 40 CFR 51.166(w)(10)(v)

	K.  Increasing a PAL during the PAL Effective Period.	Meets 40 CFR
51.166(w)(11)

		(1)  The department may increase a PAL emission limitation only if the
major stationary source complies with the following provisions.	Meets 40
CFR 51.166(w)(11)(i)

			(a)  The owner or operator of the the major stationary source  shall
submit a complete application to request an increase in the PAL limit
for a PAL major modification. Such application shall identify the
emissions units contributing to the increase in emissions so as to cause
the major stationary source's emissions to equal or exceed its PAL.
Meets 40 CFR 51.166(w)(11)(i)(a)

			(b)  As part of this application, the major stationary source owner
or operator shall demonstrate that the sum of the baseline actual
emissions of the small emissions units, plus the sum of the baseline
actual emissions of the significant and major emissions units assuming
application of BACT equivalent controls, plus the sum of the allowable
emissions of the new or modified emissions units, exceeds the PAL. The
level of control that would result from BACT equivalent controls on each
significant or major emissions unit shall be determined by conducting a
new BACT analysis at the time the application is submitted, unless the
emissions unit is currently required to comply with a BACT or LAER
requirement that was established within the preceding 10 years. In such
a case, the assumed control level for that emissions unit shall be equal
to the level of BACT or LAER with which that emissions unit must
currently comply.	Meets 40 CFR 51.166(w)(11)(i)(b)

			(c)  The owner or operator obtains a major NSR permit for all
emissions units identified in Subsection (a) of this paragraph,
regardless of the magnitude of the emissions increase resulting from
them (that is, no significant levels apply). These emissions units shall
comply with any emissions requirements resulting from the nonattainment
major NSR program process (for example, LAER), even though they have
also become subject to the PAL or continue to be subject to the PAL.
Meets 40 CFR 51.166(w)(11)(i)(c)

			(d)  The PAL permit shall require that the increased PAL level shall
be effective on the day any emissions unit that is part of the PAL major
modification becomes operational and begins to emit the PAL pollutant.
Meets 40 CFR 51.166(w)(11)(i)(d)

		(2)  The department shall calculate the new PAL as the sum of the
allowable emissions for each modified or new emissions unit, plus the
sum of the baseline actual emissions of the significant and major
emissions units (assuming application of BACT equivalent controls as
determined in accordance with Subparagraph (b) of Paragraph (1) of this
subsection, plus the sum of the baseline actual emissions of the small
emissions units.	Meets 40 CFR 51.166(w)(11)(ii)

		(3)  The PAL permit shall be revised to reflect the increased PAL
level pursuant to the public notice requirements of Subsection E of this
section.	Meets 40 CFR 51.166(w)(11)(iii)

	L.  Monitoring Requirements for PALs.	Meets 40 CFR 51.166(w)(12)

		(1)  General Requirements.	Meets 40 CFR 51.166(w)(12)(i)

			(a)  Each PAL permit must contain enforceable requirements for the
monitoring system that accurately determines plantwide emissions of the
PAL pollutant in terms of mass per unit of time. Any monitoring system
authorized for use in the PAL permit must be based on sound science and
meet generally acceptable scientific procedures for data quality and
manipulation. Additionally, the information generated by such system
must meet minimum legal requirements for admissibility in a judicial
proceeding to enforce the PAL permit.	Meets 40 CFR 51.166(w)(12)(i)(a)

			(b)  The PAL monitoring system must employ one or more of the four
general monitoring approaches meeting the minimum requirements set forth
in Paragraph (2) of this subsection and must be approved by the
department.	Meets 40 CFR 51.166(w)(12)(i)(b)

			(c)  Notwithstanding Paragraph (b) of this paragraph, you may also
employ an alternative monitoring approach that meets Paragraph (a) if
approved by the department.	Meets 40 CFR 51.166(w)(12)(i)(c)

			(d)  Failure to use a monitoring system that meets the requirements
of this section renders the PAL invalid.	Meets 40 CFR
51.166(w)(12)(i)(d)

  SEQ CHAPTER \h \r 1 		(2)  Minimum Performance Requirements for
Approved Monitoring Approaches. The following are acceptable general
monitoring approaches when conducted in accordance with the minimum
requirements in Paragraphs (3) through (9) of this subsection: 

			(a)  Mass balance calculations for activities using coatings or
solvents; 

			(b)  CEMS; 

			(c)   CPMS or PEMS; and 

			(d)  emission factors.	Meets 40 CFR 51.166(w)(12)(ii)

		(3)  Mass Balance Calculations. An owner or operator using mass
balance calculations to monitor PAL pollutant emissions from activities
using coating or solvents shall meet the following requirements: 

			(a)  provide a demonstrated means of validating the published content
of the PAL pollutant that is contained in or created by all materials
used in or at the emissions unit; 

			(b)  assume that the emissions unit emits all of the PAL pollutant
that is contained in or created by any raw material or fuel used in or
at the emissions unit, if it cannot otherwise be accounted for in the
process; and 

			(c)  where the vendor of a material or fuel, which is used in or at
the emissions unit, publishes a range of pollutant content from such
material, the owner or operator must use the highest value of the range
to calculate the PAL pollutant emissions unless the administrative
authority determines there is site-specific data or a site-specific
monitoring program to support another content within the range.	Meets 40
CFR 51.166(w)(12)(iii)

		(4)  CEMS. An owner or operator using CEMS to monitor PAL pollutant
emissions shall meet the following requirements: 

			(a)  CEMS must comply with applicable Performance Specifications
found in 40 CFR part 60, appendix B; and 

			(b)  CEMS must sample, analyze and record data at least every 15
minutes while the emissions unit is operating.	Meets 40 CFR
51.166(w)(12)(iv)

		(5)  CPMS or PEMS. An owner or operator using CPMS or PEMS to monitor
PAL pollutant emissions shall meet the following requirements: 

			(a)  The CPMS or the PEMS must be based on current site-specific data
demonstrating a correlation between the monitored parameters and the PAL
pollutant emissions across the range of operation of the emissions unit;
and 

			(b)  Each CPMS or PEMS must sample, analyze, and record data at least
every 15 minutes, or at another less frequent interval approved by the
department, while the emissions unit is operating.	Meets 40 CFR
51.166(w)(12)(v)

  SEQ CHAPTER \h \r 1 		(6)  Emission Factors. An owner or operator
using emission factors to monitor PAL pollutant emissions shall meet the
following requirements: 

			(a)  all emission factors shall be adjusted, if appropriate, to
account for the degree of uncertainty or limitations in the factors'
development; 

			(b)  the emissions unit shall operate within the designated range of
use for the emission factor, if applicable; and 

			(c)  if technically practicable, the owner or operator of a
significant emissions unit that relies on an emission factor to
calculate PAL pollutant emissions shall conduct validation testing to
determine a site-specific emission factor within 6 months of PAL permit
issuance, unless the department determines that testing is not required.
Meets 40 CFR 51.166(w)(12)(vi)

		(7)  A source owner or operator must record and report maximum
potential emissions without considering enforceable emission limitations
or operational restrictions for an emissions unit during any period of
time that there is no monitoring data, unless another method for
determining emissions during such periods is specified in the PAL
permit.	Meets 40 CFR 51.166(w)(12)(vii)

		(8)  Notwithstanding the requirements in Paragraphs (3) through (7) of
this subsection, where an owner or operator of an emissions unit cannot
demonstrate a correlation between the monitored parameters and the PAL
pollutant emissions rate at all operating points of the emissions unit,
the administrative authority shall, at the time of permit issuance: 

			(a)  establish default values for determining compliance with the PAL
based on the highest potential emissions reasonably estimated at such
operating points; or 

			(b)  determine that operation of the emissions unit during operating
conditions when there is no correlation between monitored parameters and
the PAL pollutant emissions is a violation of the PAL.	Meets 40 CFR
51.166(w)(12)(viii)

  SEQ CHAPTER \h \r 1 		(9)  Revalidation. All data used to establish
the PAL pollutant must be re-validated through performance testing or
other scientifically valid means approved by the administrative
authority. Such testing must occur at least once every 5 years after
issuance of the PAL.	  SEQ CHAPTER \h \r 1 Meets 40 CFR
51.166(w)(12)(ix)

	M.  Recordkeeping Requirements.	Meets 40 CFR 51.166(w)(13)

		(1)  The PAL permit shall require an owner or operator to retain a
copy of all records necessary to determine compliance with any
requirement of this Subsection and of the PAL, including a determination
of each emissions unit's 12-month rolling total emissions, for 5 years
from the date of such record.	Meets 40 CFR 51.166(w)(13)(i)

		(2)  The PAL permit shall require an owner or operator to retain a
copy of the following records for the duration of the PAL effective
period plus 5 years: 

			(a)  a copy of the PAL permit application and any applications for
revisions to the PAL; and 

			(b)  each annual certification of compliance pursuant to title V and
the data relied on in certifying the compliance.	Meets 40 CFR
51.166(w)(13)(ii)

	N.  Reporting and Notification Requirements. The owner or operator
shall submit semi-annual monitoring reports and prompt deviation reports
to the administrative authority in accordance with the applicable title
V operating permit program. The reports shall meet the following
requirements.	  SEQ CHAPTER \h \r 1 Meets 40 CFR 51.166(w)(14)

		(1)  Semi-Annual Report. The semi-annual report shall be submitted to
the administrative authority within 30 days of the end of each reporting
period. This report shall contain the following information.	Meets 40
CFR 51.166(w)(14)(i)

			(a)  the identification of owner and operator and the permit number.
Meets 40 CFR 51.166(w)(14)(i)(a)

			(b)  total annual emissions (tons/year) based on a 12-month rolling
total for each month in the reporting period recorded pursuant to
Paragraph (1) of Subsection M of this section.	Meets 40 CFR
51.166(w)(14)(i)(b)

			(c)  all data relied upon, including, but not limited to, any Quality
Assurance or Quality Control data, in calculating the monthly and annual
PAL pollutant emissions.	Meets 40 CFR 51.166(w)(14)(i)(c)

			(d)  a list of any emissions units modified or added to the major
stationary source during the preceding 6-month period.	Meets 40 CFR
51.166(w)(14)(i)(d)

			(e)  the number, duration, and cause of any deviations or monitoring
malfunctions (other than the time associated with zero and span
calibration checks), and any corrective action taken.	Meets 40 CFR
51.166(w)(14)(i)(e)

			(f)  a notification of a shutdown of any monitoring system, whether
the shutdown was permanent or temporary, the reason for the shutdown,
the anticipated date that the monitoring system will be fully
operational or replaced with another monitoring system, and whether the
emissions unit monitored by the monitoring system continued to operate,
and the calculation of the emissions of the pollutant or the number
determined by method Meets 40 CFR 51.166(w)(14)(i)(f)included in the
permit, as provided by Paragraph (7) of Subsection L of this section.
Meets 40 CFR 51.166(w)(14)(i)(f)

			(g).  a signed statement by the responsible official (as defined by
the applicable title V operating permit program) certifying the truth,
accuracy, and completeness of the information provided in the report.
Meets 40 CFR 51.166(w)(14)(i)(g)

		(2)  Deviation Report. The major stationary source owner or operator
shall promptly submit reports of any deviations or exceedance of the PAL
requirements, including periods where no monitoring is available. A
report submitted pursuant to 40 CFR 70.6(a)(3)(iii)(B) shall satisfy
this reporting requirement. The deviation reports shall be submitted
within the time limits prescribed by the applicable program implementing
40 CFR 70.6(a)(3)(iii)(B). The reports shall contain the following
information: 

			(a)  the identification of owner and operator and the permit number; 

			(b)  the PAL requirement that experienced the deviation or that was
exceeded; 

			(c)  emissions resulting from the deviation or the exceedance; and 

			(d)  a signed statement by the responsible official (as defined by
the applicable title V operating permit program) certifying the truth,
accuracy, and completeness of the information provided in the report.
Meets 40 CFR 51.166(w)(14)(ii)

		(3)  Revalidation Results. The owner or operator shall submit to the
department the results of any re-validation test or method within 3
months after completion of such test or method.	Meets 40 CFR
51.166(w)(14)(iii)

  SEQ CHAPTER \h \r 1 	O.  Transition requirements. 

		(1)  No administrative authority may issue a PAL that does not comply
with the requirements of this Subsection after the administrator has
approved regulations incorporating these requirements into the State
Implementation Plan. 

		(2)  The administrative authority may supersede any PAL which was
established prior to the date of approval of the plan by the
Administrator with a PAL that complies with the requirements of this
Subsection.	  SEQ CHAPTER \h \r 1 Meets 40 CFR 51.166(w)(15)

[1/22/06]

	20.2.74.321 to 20.2.74.300  [RESERVED]

	20.2.74.400  400. PUBLIC PARTICIPATION AND NOTIFICATION	Rev Submitted
04/11/02

Rev Submitted 12/29/05

	A.   The Department shall, notify all applicants within thirty (30)
days after receipt of an the complete 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 must meet the
requirements of 20.2.74.301 NMAC in addition to the requirements of
20.2.72 NMAC.  If the application is deemed: 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.

		(1)  administratively complete, a letter to that effect shall be sent
by certified mail to the applicant.

		(2)  administratively incomplete, a letter shall be sent by certified
mail to the applicant stating that additional information or points of
clarification are necessary to deem the application administratively
complete.  Upon receipt of the additional information or clarification,
the Department shall promptly review such information to determine
whether the application is administratively complete.	Meets 40 CFR
51.166(q)(1)

For purposes of 20.2.74.400.B NMAC, the provisions of 20.2.72.201.B NMAC
are substantively the the same as the corresponding SIP-approved
provisions in, Part 72, Section 201.B, under Title 20, Chapter 2 of the
NMAC as they apply to PSD permits.  See the comments on the removal of
the definition of “complete” under 20.3.74.7.O NMAC. 

  SEQ CHAPTER \h \r 1 	B.  For purposes of determining minor source
baseline date pursuant to 40 CFR 51:

		(1)  An application is complete when it contains all the information
necessary for processing the application.  Designating an application
complete for purposes of 40 CFR 51 does not preclude the Department from
requesting or accepting any additional information; and

		(2)  In the event that additional information is submitted to remedy
any deficiency in the application or information submitted, the date or
receipt of the application shall be the date on which the Department
received all required information.	  SEQ CHAPTER \h \r 1 Meets 40 CFR
51.163.

	C.  B.   The Within 240 days after receipt of a complete application,
the Department shall:	Now in 20.2.74.400(C)(7)

		(1)  1.   Make a preliminary determination whether construction should
be approved, approved with conditions, or disapproved.	Meets 40 CFR
51.161(a) and 51.166(q)(2)(i)

		(2)  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.	Meets 40 CFR 51.161(b)(1) and 51.166(q)(2)(ii)

		(3)  3.   Notify the public by advertisement in a newspaper of general
circulation in the area in which the source proposed source will be
constructed:

			(a)  a.   Of the application,

			(b)  b.   The preliminary determination,

			(c)  c.   The degree of increment consumption that is expected from
the source of modification, and

			(d)  d.   Of the opportunity for comment from 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.	Meets 40 CFR
51.161(b)(3) and 51.166(q)(2)(iii)

		(4)  4.   Send a copy of the notice of public comment to:

			(a)  a.   The applicant,

			(b)  b.   The Administrator, and

			(c)  c.   Officials and agencies having jurisdiction over the
location where the proposed construction would occur as follows:

				(i)  (1)  Any other state or local air pollution control agencies;

				(ii)  (2)  The chief executives of city and counth where the source
would be located;

				(iii)  (3)  Any comprehensive regional land use planning agency; and

				(iv)  (4)  Any state, Federal, or Indian governing body whose lands
may be affected by emissions from the source or modification.	Meets 40
CFR 51.161(d) and 51.166(q)(2)(iv)

		(5)  5.   Provide the opportunity for public hearing for interested
persons to appear submit written or oral comments on the air quality
impact of the source and other appropriate considerations.	Meets 40 CFR
51.161(b)(2) and 51.166(q)(2)(v)

		(6)  6.   Consider all written comments submitted within the time
specified in the notice of public comment and all comments received at
any public hearing(s) in making the final decision on 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.	Meets 40
CFR 51.166(q)(2)(vi)

		(7)  7.   Within one hundred eighty (180) days after an application is
deemed administratively complete, unless the Secretary, as specified in
20.72.207 NMAC, grants an extension not to exceed ninety (90) days for
good cause:

			(a)  make a final determination of whether construction should be
approved, approved with conditions, or disapproved; and

			(b)  (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 comment relating to the source.	Meets 40 CFR
51.166(q)(2)(vii)

[07/20/95; 01/01/00; 20.2.74.400 NMAC – Rn, 20 NMAC 2.74.400 10/31/02]

	20.2.74.401 401. STACK HEIGHT CREDIT:   The Department shall review all
applications in accordance with the provisions of 20.2.80 NMAC (Stack
Heights) 20 NMAC 2.76 (formerly Air Quality Control Regulation 710 -
Stack Height Requirements).  

[07/20/95; 20.2.74.401 NMAC – Rn, 20 NMAC 2.74.401 10/31/02]	Rev
Submitted 12/29/05

Generally meets 40 CFR 51.166(h) and 20.2.80 NMAC (Part 80 in the
current SIP).  Minor changes subsequent to current SIP are
non-substantive.

  SEQ CHAPTER \h \r 1 20.2.74.402 402.  EXCLUSIONS FROM INCREMENT
CONSUMPTION:   ***

	A.   ***

	B.   ***

	C.   ***

	D.   ***

[07/20/95; 20.2.74.402 NMAC – Rn, 20 NMAC 2.74.402 10/31/02]	Rev
Submitted 12/29/05

Non-substantive.  

Meets 40 CFR 51.166(f)

  SEQ CHAPTER \h \r 1 20.2.74.403 403. ADDITIONAL REQUIREMENTS FOR
SOURCES IMPACTING CLASS I FEDERAL AREAS: 	Rev Submitted 12/29/05



	A.   ***	No Change

	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 20.2.74.400 NMAC 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.  	Non-substantive. 

Meets 40 CFR 51.166(p)

	C.   ***	No Change

	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 20.2.74.505 NMAC).  	Non-substantive. 

Meets 40 CFR 51.166(p)

	E.   ***	No Change

  SEQ CHAPTER \h \r 1 	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 D 20.2.74.403
NMAC 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
(20.2.74.506 NMAC) for periods of twenty-four (24) hours or less for
more than eighteen (18) days, not necessarily consecutive, in any annual
period.  	Non-substantive. 

Meets 40 CFR 51.166(p)

	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 (20.2.74.506 NMAC)
for periods of twenty-four (24) hours or less for more than eighteen
(18) days, not necessarily consecutive, in any annual period.  	Meets 40
CFR 51.166(p)

Non-substantive changes.

[07/20/95; 20.2.74.403 NMAC – Rn, 20 NMAC 2.74.403 10/31/02]

	20.2.74.404 to 20.2.74.500  [RESERVED]

	  SEQ CHAPTER \h \r 1 20.2.74.501  TABLE 1 – PSD SOURCE CATEGORIES

	A.  1.  through AB.  28.

[07/20/95; 20.2.74.501 NMAC – Rn, 20 NMAC 2.74.Table 1 10/31/02; A,
1/22/06]	  SEQ CHAPTER \h \r 1 Rev Submitted 12/29/05

Non-substantive.

  SEQ CHAPTER \h \r 1 20.2.74.502  TABLE 2 – SIGNIFICANT EMISSION
RATES

*          *          *          *          *

[07/20/95; 20.2.74.502 NMAC – Rn, 20 NMAC 2.74.Table 2 10/31/02; A,
1/22/06]	  SEQ CHAPTER \h \r 1 Rev Submitted 12/29/05

Meets 40 CFR 51.166(b)(23)(1).

Removed significant levels for asbestos, beryllium, mercury, vinyl
chloride.

  SEQ CHAPTER \h \r 1 20.2.74.503  TABLE 3.   SIGNIFICANT MONITORING
CONCENTRATIONS

*          *          *          *          *

[07/20/95; 20.2.74.503 NMAC – Rn, 20 NMAC 2.74.Table 3 10/31/02; A,
1/22/06]	  SEQ CHAPTER \h \r 1 Rev Submitted 12/29/05

Meets 40 CFR 51.166(i)(5)(i).

Removed significant monitoring concentration concentrations for 
asbestos, beryllium, mercury, vinyl chloride.

  SEQ CHAPTER \h \r 1 20.2.74.504  TABLE 4 – ALLOWABLE  PSD INCREMENTS

*          *          *          *          *

[07/20/95; 20.2.74.504 NMAC – Rn, 20 NMAC 2.74.Table4 10/31/02; A,
1/22/06]	  SEQ CHAPTER \h \r 1 Rev Submitted 12/29/05

Non-substantive.

  SEQ CHAPTER \h \r 1 20.2.74.505  TABLE 5 – MAXIMUM ALLOWABLE 
INCREASES FOR CLASS I WAIVERS

*          *          *          *          *

[07/20/95; 20.2.74.505 NMAC – Rn, 20 NMAC 2.74.Table 5 10/31/02]	  SEQ
CHAPTER \h \r 1 Rev Submitted 12/29/05

Non-substantive.

  SEQ CHAPTER \h \r 1 20.2.74.506  TABLE 6 – MAXIMUM ALLOWABLE 
INCREASE FOR SULFUR DIOXIDE WAIVER BY GOVERNOR

*          *          *          *          *

[07/20/95; 20.2.74.506 NMAC – Rn, 20 NMAC 2.74.Table 6 10/31/02]	  SEQ
CHAPTER \h \r 1 Rev Submitted 12/29/05

Non-substantive.





  SEQ CHAPTER \h \r 1 Title 20 - Environmental Protection

Chapter 2 - Air Quality (Statewide)

Part 79 - Permits – Nonattainment Areas

Approved by EPA February 8, 2002 (61 FR 53642) effective April 8, 2002.

Revisions SUBMITTED April 11, 2002.  Includes changes adopted November
12, 1999.

Revisions SUBMITTED December 29, 2005.  Includes changes adopted
December 6, 2005.

Submitted State Regulations	Comments/Evaluation

20.2.79.1 100    ISSUING AGENCY:  Environmental Improvement Board.

[11/30/95;20.2.79.1 NMAC – Rn, 20 NMAC 2.79.100 10/31/02]	  SEQ
CHAPTER \h \r 1 Rev Submitted 12/29/05

Non-substantive.

20.2.79.2 101  SCOPE:  ***

[11/30/95; 20.2.79.2 NMAC – Rn, 20 NMAC 2.79.101 10/31/02]

	20.2.79.3 102   STATUTORY AUTHORITY:  ***

[11/30/95; 20.2.79.3 NMAC – Rn, 20 NMAC 2.79.102 10/31/02]

	20.2.79.4 103   DURATION:  Permanent.  

[11/30/95; 20.2.79.4 NMAC – Rn, 20 NMAC 2.79.103 10/31/02]

	20.2.79.5 104   EFFECTIVE DATE:  ***

[11/30/95; ; A, 10/01/97;  20.2.79.5 NMAC – Rn, 20 NMAC 2.79.104
10/31/02]

[The latest effective date of any section in this part is 1/22/06]

	20.2.79.6 105  OBJECTIVE:  ***

[11/30/9520.2.79.6 NMAC – Rn, 20 NMAC 2.79.105 10/31/02]

	  SEQ CHAPTER \h \r 1 106  AMENDMENT AND SUPERSESSION OF PRIOR
REGULATIONS:  This Part amends and supersedes Air Quality Program
Regulation (“AQCR”) 709 - Permits - Nonattainment Areas last filed
June 25, 1992, as amended (“AQCR 709").

	A.   All references to AQCR 709 in any other rule shall be construed as
a reference to this Part.

	B.   The amendment and supersession of AQCR 709 shall not affect any
administrative or judicial enforcement action pending on the effective
date of such amendment nor the validity of any permit issued pursuant to
AQCR 709.	  SEQ CHAPTER \h \r 1 Removed from SIP

Equivalent provisions were adopted in 20.2.79.8 NMAC and 20.2.79.12
NMAC.

20.2.79.7 107 DEFINITIONS:  In addition to the terms defined in 20.2.2
NMAC (Definitions),  Part 2 - Definitions, as used in this Part, the
following terms apply.	Rev. Submitted 12/29/05

Non-substantive.

	A.  “Actual emissions”  ***	Removal Submitted 12/29/05

Replaced with new definition of “actual emissions.”

	A.  “Actual emissions” means the actual rate of emissions of a
regulated new source review pollutant from an emissions unit, as
determined in accordance with the following, except that this definition
shall not apply for calculating whether a significant emissions increase
has occurred, or for establishing a plantwide applicability limit  under
20.2.79.120 NMAC.  Instead, Subsections G through AQ of this section
apply for those purposes.	Submitted 12/29/05

Meets 40 CFR 51.165(a)(1)(xiii)(A).

		(1)  In general, actual emissions as of a particular date shall equal
the average rate, in tons per year, at which the unit actually emitted
the pollutant during a consecutive 24-month period which precedes the
particular date and which is representative of normal major stationary
source operation.  The department shall allow the use of a different
time period upon a determination that it is more representative of
normal source operation.  Actual emissions shall be calculated using the
unit's actual operating hours, production rates, and types of materials
processed, stored, or combusted during the selected time period;	Meets
40 CFR 51.165(a)(1)(xiii)(B).

		(2)  The department may presume that source-specific allowable
emissions for the unit are equivalent to actual emissions of the unit.
Meets 40 CFR 51.165(a)(1)(xiii)(C).

		(3)   For any emissions unit which has not begun normal operations on
a particular date, actual emissions shall equal the potential to emit or
the unit on that date.	Meets 40 CFR 51.165(a)(1)(xiii)(D).

	B.  “Administrator” means the administrator of the U. S.
Environmental Protection Agency (EPA) or an authorized representative.
Submitted 12/29/05

Meets 40 CFR 51.100(b).

	C.  B.  “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 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.	Rev. Submitted 12/29/05

Non-substantive.

	D.  C. “Allowable emissions” ***

		E.  “Baseline actual emissions” means the rate of emissions, in
tons per year, of a regulated new source review pollutant, determined in
accordance with the following.	Submitted 12/29/05

Meets 40 CFR 51.165(a)(1)(xxxv)

		(1)  For any existing electric utility steam generating unit, baseline
actual emissions means the average rate, in tons per year, at which the
unit actually emitted the pollutant during any consecutive 24-month
period selected by the owner or operator within the 5-year period
immediately preceding when the owner or operator begins actual
construction of the project.  The department shall allow the use of a
different time period upon a determination that it is more
representative of normal source operation. 	Meets 40
51.165(a)(1)(xxxv)(A)

			(a)  The average rate shall include fugitive emissions to the extent
quantifiable, and emissions associated with startups, shutdowns, and
malfunctions.	Meets 40 51.165(a)(1)(xxxv)(A)(1)

			(b)  The average rate shall be adjusted downward to exclude any
non-compliant emissions that occurred while the source was operating
above any emission limitation that was legally enforceable during the
consecutive 24-month period.	Meets 40 51.165(a)(1)(xxxv)(A)(2)

			(c)  For a regulated new source review pollutant, when a project
involves multiple emissions units, only one consecutive 24-month period
must be used to determine the baseline actual emissions for the
emissions units being changed.  A different consecutive 24-month period
can be used for each regulated pollutant.	Meets 40
51.165(a)(1)(xxxv)(A)(3)

			(d)  The average rate shall not be based on any consecutive 24-month
period for which there is inadequate information for determining annual
emissions in tons per year, and for adjusting this amount if required by
Subparagraph (b) of this paragraph.	Meets 40 51.165(a)(1)(xxxv)(A)(4)

  SEQ CHAPTER \h \r 1 		(2)   For an existing emissions unit (other than
an electric utility steam generating unit) baseline actual emissions
means the average rate, in tons per year, at which the emissions unit
actually emitted the pollutant during any consecutive 24-month period
selected by the owner or operator within the 10-year period immediately
preceding either the date the owner or operator begins actual
construction of the project, or the date a complete permit application
is received by the department for a permit required either under this
part or under a plan approved by the administrator, whichever is
earlier, except that the 10-year period shall not include any period
earlier than November 15, 1990.	Meets 40 CFR 51.165(a)(1)(xxxv)(B)

			(a)  The average rate shall include fugitive emissions to the extent
quantifiable, and emissions associated with startups, shutdowns, and
malfunctions.	Meets 40 CFR 51.165(a)(1)(xxxv)(B)(B)(1)

			(b)  The average rate shall be adjusted downward to exclude any
noncompliant emissions that occurred while the source was operating
above any emission limitation that was legally enforceable during the
consecutive 24-month period.	Meets 40 CFR 51.165(a)(1)(xxxv)(B)(B)(2)

			(c)  The average rate shall be adjusted downward to exclude any
emissions that would have exceeded an emission limitation with which the
major stationary source must currently comply, had such major stationary
source been required to comply with such limitations during the
consecutive 24-month period.  However, if an emission limitation is part
of a maximum achievable control technology standard that the
administrator proposed or promulgated under 40 CFR Part 63, the baseline
actual emissions need only be adjusted if the state has taken credit for
such emissions reductions in an attainment demonstration or maintenance
plan consistent with the requirements of 40 CFR 51.165(a)(3)(ii)(G).
Meets 40 CFR 51.165(a)(1)(xxxv)(B)(B)(3)

			(d)  For a regulated pollutant, when a project involves multiple
emissions units, only one consecutive 24-month period must be used to
determine the baseline actual emissions for the emissions units being
changed.  A different consecutive 24-month period can be used for each
regulated pollutant.	Meets 40 CFR 51.165(a)(1)(xxxv)(B)(B)(4)

			(e)  The average rate shall not be based on any consecutive 24-month
period for which there is inadequate information for determining annual
emissions in tons per year, and for adjusting this amount if required by
Subparagraphs (b) and (c) of this paragraph.	Meets 40 CFR
51.165(a)(1)(xxxv)(B)(B)(5)

		(3)  For a new emissions unit, the baseline actual emissions for
purposes of determining the emissions increase that will result from
initial construction and operation of such unit shall equal zero, and
thereafter, for all other purposes, shall equal the unit’s potential
to emit.	Meets 40 CFR 51.165(a)(1)(xxxv)(C)

		(4)  For a PAL for a major stationary source, the baseline actual
emissions shall be calculated for existing electric steam generating
units in accordance with the procedures contained in Paragraph (1) of
this subsection, and for other existing emissions units in accordance
with the procedures contained in Paragraph (2) of this subsection, and
for a new emissions unit in accordance with the procedures contained in
Paragraph (3) of this subsection.	Meets 40 51.165(a)(1)(xxxv)(D)

	F.  D.  “Begin actual construction” ***	Rev. Submitted 12/29/05

Non-substantive.

	G.  “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,
clean fuels, 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 an 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.	Submitted 12/29/05

Meets 40 CFR 51.165(a)(1)(xl)

  SEQ CHAPTER \h \r 1 	H.  E.  “Building, structure, facility, or
installation” ***

	I.  F.  “Commence”  ***

	J.  G.  “Construction” ***	Rev. Submitted 12/29/05

Non-substantive.

	K.  “Continuous emissions monitoring system (CEMS)”  means all of
the equipment that may be required to meet the data acquisition and
availability requirements of this section, to sample, condition (if
applicable), analyze, and provide a record of emissions on a continuous
basis.	Submitted 12/29/05

Meets 40 CFR 51.165(a)(1)(xxxi)



	L.  “Continuous emissions rate monitoring system (CERMS)” means the
total equipment required for the determination and recording of the
pollutant mass emissions rate (in terms of mass per unit of time).
Submitted 12/29/05

Meets 40 CFR 51.165(a)(1)(xxxiv)

	M.  “Continuous parameter monitoring system (CPMS)” means all of
the equipment necessary to meet the data acquisition and availability
requirements of this section, to monitor process and control device
operational parameters (for example, control device secondary voltages
and electric currents) and other information (for example, gas flow
rate, O2 or CO2 concentrations), and to record average operational
parameter values on a continuous basis.	Submitted 12/29/05

Meets 40 CFR 51.165(a)(1)(xxxiii)



	N.  “Electric utility steam generating unit” means any steam
electric generating unit that is constructed for the purpose of
supplying more than one-third of its potential electric output capacity
and more than 25 MW electrical output to any utility power distribution
system for sale. Any steam supplied to a steam distribution system for
the purpose of providing steam to a steam-electric generator that would
produce electrical energy for sale is also considered in determining the
electrical energy output capacity of the affected facility.	Submitted
12/29/05

Meets 40 51.165(a)(1)(xx)

  SEQ CHAPTER \h \r 1 	O.  H.  “Emissions Unit” means any part of a
stationary source that emits or would have the potential to emit any
regulated pollutant, and includes an Electric utility steam generating
unit as defined in this Subsection N of this section.  For purposes of
this section, there are two types of emissions units as described below.


		(1)	A new emissions unit is any emissions unit that is (or will be)
newly constructed and that has existed for less than 2 years from the
date such emissions unit first operated. 

		(2)	An existing emissions unit is any emissions unit that does not
meet the requirements in Subparagraph (A) of this definition. A
replacement unit, as defined in this Subsection, is an existing
emissions unit.	Rev. Submitted 12/29/05

Meets 40 CFR 51.165(a)(1)(vii)

	P.  I.  “Federal class I area” ***

	Q.  K.  “Federal land manager” means with respect to any lands in
the United States, the secretary of the federal department with
authority over such lands.

	R.  L.  “Federally Enforceable” ***

	S.  M.  “Fugitive emissions” ***

	T.  N.  “Lowest Achievable Emission Rate” ***	Rev. Submitted
12/29/05

Non-substantive.

	O.  “Major modification” ***	Removal Submitted 12/29/05

Replaced with new definition of “major modification.”

	U.  “Major modification” means any physical change in or change in
the method of operation of a major stationary source that would result
in a significant emissions increase  of a regulated new source review
pollutant (as defined in this section); and a significant net emissions
increase of that pollutant from the major stationary source.  Any
significant emissions increase (as defined in this section) from any
emissions unit or net emissions increase (as defined in this section) at
a major stationary source that is significant for volatile organic
compounds or oxides of nitrogen shall be considered significant for
ozone.	Submitted 12/29/05

Replaces former definition of “major modification” under Paragraph
O.

Meets 40 CFR 51.165(a)(1)(v)(A)-(B) and (E).  Also meets §182(f) of the
Act.

  SEQ CHAPTER \h \r 1 		(1)  A physical change or change in the method
of operation shall not include:	Meets 40 CFR 51.165(a)(1)(v)(C

			(a)  Routine maintenance, repair, and replacement;	Meets 40 CFR
51.165(a)(1)(v)(C)(1)

			(b)  Use of an alternative fuel or raw material by reason of an order
under sections 2(a) and (b) of the Energy Supply and Environmental
Coordination Act of 1974 (or any supersding legislation)  or by reason
of a natural gas curtailment plan pursuant to the Federal Power Act.
Meets 40 CFR 51.165(a)(1)(v)(C)(2)

			(c)  Use of an alternative fuel by reason of an order under section
125 of the Federal Act.	Meets 40 CFR 51.165(a)(1)(v)(C)(3)

			(d)  Use of an alternative fuel at a steam generating unit to the
extent that the fuel is generated from municipal solid waste.	Meets 40
CFR 51.165(a)(1)(v)(C)(4)

			(e)  Use of an alternative fuel or raw material which:

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

				(ii)  The source is approved to use under any permit issued under
this Part.	Meets 40 CFR 51.165(a)(1)(v)(C)(5)

			(f)  An increase in the hours of operation or in the production rate,
unless such change is prohibited under any federally enforceable permit
condition which was established after December 21, 1976, pursuant to 40
CFR 52.21 or regulations approved pursuant to 40 CFR 51.165 or 40 CFR
51.166.	Meets 40 CFR 51.165(a)(1)(v)(C)(6)

			(g)  Any change in ownership at a stationary source.	Meets 40 CFR
51.165(a)(1)(v)(C)(7)

			(h)  the installation, operation, cessation, or removal of a
temporary clean coal technology demonstration project, provided that the
project complies with:

				(i)  the State Implementation Plan for the state in which the
project is located; and

				(ii)  other requirements necessary to attain and maintain the
national ambient air quality standard during the project and after it is
terminated.	Meets 40 CFR 51.165(a)(1)(v)(C)(8)

		(2)  This definition shall not apply with respect to a particular
regulated new source review pollutant when the major stationary source
is complying with the requirements under 20.2.74.320 NMAC for a PAL for
that pollutant.  Instead, the definition at Paragraph (8) of Subsection
20.2.79.320 NMAC shall apply.	Meets 40 CFR 51.165(a)(1)(v)(D)

	V.  P.  Major stationary source  means the following:	Rev. Submitted
12/29/05

		(1)  1.  Any stationary source of air pollutants which emits, or has
the potential to emit, 100 tons per year or more of any regulated new
source review pollutant subject to regulation under the Federal Clean
Air Act. ; or	Meets 40 CFR 51.165(a)(1)(iv)(A)(1). 

Non-substantive.

		(2)  2.  Any physical change that would occur at a source not
qualifying under Paragraph (1) 1. of this definition as a major
stationary source, if the change would constitute a major source by
itself;	Meets 40 CFR 51.165(a)(1)(iv)(A)(3). 

Non-substantive.

		(3)  3.   major source that is major for volatile organic compounds or
oxides of nitrogen shall be considered major for ozone.	Meets 40 CFR
51.165(a)(1)(iv)(A)(2), (a)(1)(iv)(B), and (a)(8).  Also meets §182(f)
of the Act.

		(4)  4.  A stationary source shall not be a major stationary source
due to fugitive emissions, to the extent quantifiable, unless the source
belongs to:

			(a)  a.  Any category in Subsection B of 20.2.79.119 NMAC Section
119.B; or

			(b)  b.  Any other stationary source category which as of August 7,
1980, is being regulated under Section 111 or 112 of the Federal Clean
Air Act.	Meets 40 CFR 51.165(a)(1)(C)

  SEQ CHAPTER \h \r 1 	W.  Q.  “Mandatory Class I Federal Area”  ***

	X.  R .  “Natural conditions” ***

	Y.  S .  “Necessary preconstruction permits and approvals” ***	Rev.
Submitted 12/29/05

Non-substantive.

	T .  “Net emissions increase” ***	Removal Submitted 12/29/05.

Replaced with a new definition of “net emissions increase.”

  SEQ CHAPTER \h \r 1 	Z.  “Net emissions increase.”	  SEQ CHAPTER
\h \r 1 Submitted 12/29/05.

  SEQ CHAPTER \h \r 1 		(1)  With respect to any regulated new source
review pollutant emitted by a major stationary source, the amount by
which the sum of the following exceeds zero:

			(a)  the increase in emissions from a particular physical change or
change in the method of operation at a stationary source as calculated
in pursuant to Subsection E of 20.2.79.109 NMAC.

			(b)  Any other increases and decreases in actual emissions at the
major stationary source that are contemporaneous with the particular
change and are otherwise creditable.  Baseline actual emissions for
calculating increases and decreases shall be determined as provided in
Subsection E of this section, except that Subparagraphs (c) and (d) of
Paragraph (2) of Subsection E of this section shall not apply.	  SEQ
CHAPTER \h \r 1 Meets 40 CFR 51.165(a)(1)(vi)(A)

		(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.	Meets 40 CFR 51.165(a)(1)(vi)(B)

		(3)  An increase or decrease in actual emissions is creditable only
if:

			(a)  it it occurs within the time period five years prior to
commencement of construction on the particular change and the date of
that the increase from the particular change occurs; and 

			(b)  either the department or the administrator has not relied on it
in issuing a permit for the source under regulations approved pursuant
to this section, which permit is in effect when the increase in actual
emissions from the particular change occurs;	Meets 40 CFR
51.165(a)(1)(vi)(C)

		(4)  An increase in actual emissions is creditable only to the extent
that the new level of actual emissions exceeds the old level.	Meets 40
CFR 51.165(a)(1)(vi)(D)

  SEQ CHAPTER \h \r 1 		(5)  A decrease in actual emissions is
creditable only to the extent that:

 			(a)  the old level of actual emissions of the old level of allowable
emissions, whichever is lower, exceeds the new level of actual
emissions.

			(b)  it is enforceable as a practical matter at and after the time of
actual construction on the particular change begins; and

			(c)  The department has not relied on it in issuing any permit under
regulations approved pursuant to 40 CFR Part 51 Subpart I or the state
has not been relied on it in demonstrating attainment or reasonable
further progress; and

			(d)  It has approximately the same qualitative significance for
public health and welfare as that attributed to the increase from the
particular change.	Meets 40 CFR 51.165(a)(1)(vi)(E)

		(6)  An increase that results from a physical change at a source
occurs when the emissions unit on which construction occurred becomes
operational and begins to emit a particular pollutant.  Any replacement
unit that requires shakedown becomes operational after a reasonable
shakedown period, not to exceed 180 days.	Meets 40 CFR
51.165(a)(1)(vi)(F)

		(7)  Paragraph (1) of Subsection A of this section shall not apply for
determining creditable increases and decreases.	Meets 40 CFR
51.165(a)(1)(vi)(G)

	AA.  U.  “Nonattainment area” ***	Rev. Submitted 12/29/05

Non-substantive.

	AB.  “Nonattainment major new source review (NSR) program” means a
major source preconstruction permit program that has been approved by
the administrator and incorporated into the New Mexico state
implementation plan to implement the requirements of 40 CFR 51,165, or a
program that implements Part 51, Appendix S, Sections I through VI of
this Chapter.  Any permit issued under such program is a major new
source review permit.	Submitted 12/29/05

Meets 40 CFR 51.165(a)(1)(xxx).

	AC.  V.  “Part”  ***

	AD.  W.  “Portable stationary source” ***

	AE.  X.  “Potential to emit”  ***	Rev. Submitted 12/29/05

Non-substantive.

	AF.  “Predicative Emissions Monitoring System (PEMS)”means all of
the equipment necessary to monitor process and control device
operational parameters (for example, control device secondary voltages
and electric currents) and other information (for example, gas flow
rate, O2 or CO2 concentrations), and calculate and record the mass
emissions rate (for example, lb/hr) on a continuous basis.	Submitted
12/29/05

Meets 40 CFR 51.165(a)(1)(xxxii)

	AG.  “Prevention of significant deterioration (PSD) permit”  means
any permit that has been issued under 20.2.74 NMAC.	Submitted 12/29/05

Meets 40 CFR 51.165(a)(1)(xli).

20.2.74 NMAC is the New Mexico PSD program that EPA has approved.

	AH.  “Project” means a physical change in, or change in method of
operation of, an existing major stationary source.	Submitted 12/29/05

Meets 51.165(a)(1)(xli)

	AI.  “Projected actual emissions” means the maximum annual rate, in
tons per year, at which an existing emissions unit is projected to emit
a regulated NSR pollutant in any one of the 5 years (12-month period)
following the date the unit resumes regular operation after the project,
or in any one of the 10 years following that date, if the project
involves increasing the emissions unit's design capacity or its
potential to emit of that regulated NSR pollutant and full utilization
of the unit would result in a significant emissions increase or a
significant net emissions increase at the major stationary source.  In
determining the projected actual emissions before beginning actual
construction, the owner or operator of the major stationary source:
Submitted 12/29/05

Meets 40 CFR 51.165(a)(1)(xxviii)(A) and (B)

		(1)  shall consider all relevant information, including but not
limited to, historical operational data, the company's own
representations, the company's expected business activity and the
company's highest projections of business activity, the company's
filings with the state or federal regulatory authorities, and compliance
plans under the approved State Implementation Plan; and	Meets 40 CFR
51.165(a)(1)(xxviii)(B)(1)

		(2)  shall include fugitive emissions to the extent quantifiable, and
emissions associated with startups, shutdowns, and malfunctions; and
Meets 40 CFR 51.165(a)(1)(xxviii)(B)(1)

		(3)  shall exclude, in calculating any increase in emissions that
results from the particular project, that portion of the unit's
emissions following the project that an existing unit could have
accommodated during the consecutive 24-month period used to establish
the baseline actual emissions as defined in this Subsection and that are
also unrelated to the particular project, including any increased
utilization due to product demand growth; or,	Meets 40 CFR
51.165(a)(1)(xxviii)(B)(3)

		(4)  in lieu of using the method set out in Subparagraphs a-c of this
definition, may elect to use the emissions unit's potential to emit, in
tons per year, as defined under paragraph (a)(1)(iii) of this
Subsection.	Meets 40 CFR 51.165(a)(1)(xxviii)(B)(4)

	Y.  “Regulated pollutant” means any air pollutant, the emission or
ambient concentration of, which is regulated under the Act.	Removal
Submitted 12/29/05

Replaced with new definition of “regulated new source review
pollutant.”

	AJ.  “Regulated new source review pollutant”, for purposes of this
section, means the following:

		(1)  nitrogen oxides or any volatile organic compounds;

		(2)  any pollutant for which a national ambient air quality standard
has been promulgated; or 

		(3)  any pollutant that is a constituent or precursor of a general
pollutant listed in Paragraphs (1) or (2) of this subsection, provided
that a constituent or precursor pollutant may only be regulated under
new source review as part of regulation of the general pollutant.
Submitted 12/29/05

Replaces definition of “regulated pollutant” with new definition of
“regulated new source review pollutant.”

Meets 40 CFR 51.165(a)(1)(xxxvii)

	AK.  “Replacement unit” means an emissions unit for which all the
following criteria are met. No creditable emission reductions shall be
generated from shutting down the existing emissions unit that is
replaced.

		(1)  The emissions unit is a reconstructed unit within the meaning of
40 CFR 60.15(b)(1), or the emissions unit completely takes the place of
an existing emissions unit.

		(2)  The emissions unit is identical to or functionally equivalent to
the replaced emissions unit.

		(3)  The replacement does not change the basic design parameters of
the process unit.

		(4)  The replaced emissions unit is permanently removed from the major
stationary source, otherwise permanently disabled, or permanently barred
from operation by a permit that is enforceable as a practical matter. If
the replaced emissions unit is brought back into operation, it shall
constitute a new emissions unit, as defined this Section.	Submitted
12/29/05

Meets 40 CFR 51.165(a)(1)(xxi)

	AL.  Z.  “Secondary emissions” ***	Rev. Submitted 12/29/05

Non-substantive.

	AM.  MM.  “Significant” means in reference to a net emissions
increase or the potential of a source to emit any of the following
pollutants, a rate of emissions that would equal or exceed any of the
rates listed in table 2 (20.2.79.502) of this Part.

		AN.  “Significant emissions increase” means, for a regulated new
source review pollutant, an increase in emissions that is significant
(as defined in Subsection AV of this section) for that pollutant.
Submitted 12/29/05

Meets 40 CFR 51.165(a)(1)(xxvii)

	AO.  AB.  “Stationary source” means any building, structure,
facility, or installation which emits, or may emit, any regulated new
source review pollutant.	Rev. Submitted 12/29/05

Non-substantive.

	AP.  AC.  “Temporary source” ***

		AQ.  AD.  “Visibility impairment” ***

	[11/30/95; 20.2.79.7 NMAC – Rn, 20 NMAC 2.79.107 10/31/02; A,
1/22/06]

	20.2.79.8    SEQ CHAPTER \h \r 1 AMENDMENT AND SUPERSESSION OF PRIOR
REGULATIONS:  This Part amends and supercedes Air Quality Control
Regulation (“AQCR”) 709 – Permits – Nonattainment Areas, last
filed June 25, 1992, as amended (“AQCR”).

	A.  All references to AQCR 709 in any other rule shall be construed as
a reference to this Part.

	B.  The amendment and supersession of AQCR 709 shall not affect any
administrative or judicial enforcement action on the effective date of
such amendment not the validity of any permit issued pursuant tom AQCR
709.

[11/30/95; 20.2.79.8 NMAC  - Rn, 20 NMAC 2.79.106 10/31/02]	  SEQ
CHAPTER \h \r 1 Submitted 12/29/05

Replaces former Section 106.

Non-substantive.

20.2.79.9  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 87505 [2048 Galisteo St.,
Santa Fe, NM  87505]. 

[11/30/95; 20.2.79.9 NMAC  - Rn, 20 NMAC 2.79.108 10/31/02]	Submitted
12/29/05

Meets 40 CFR 51.163.

20.2.79.10  SEVERABILITY.  If any provision of this part, or application
of such provision to any person or circumstance, is held invalid, the
remainder of this part, or the application of such provision to persons
or circumstances other than those to which it is held invalid, shall not
be affected thereby. 

[1/22/06]	Submitted 12/29/05

Meets 40 CFR 51.166(x).

20.2.79.11  CONSTRUCTION.  This part shall be liberally construed to
carry out its purpose. 

[1/22/06]	Submitted 12/29/05

Meets 40 CFR 51.163.

20.2.79.12  SAVINGS CLAUSE.  Repeal or supersession of prior versions of
this part shall not affect any administrative or judicial action under
those prior versions. 

[1/22/06]	Submitted 12/29/05

Replaces former §106.B

Meets 40 CFR 51.163.

20.2.79.13  COMPLIANCE WITH OTHER REGULATIONS.  Compliance with this
part does not relieve a person the responsibility to comply with other
applicable federal, state, or local regulations. 

[1/22/06]	Submitted 12/29/05

Meets 40 CFR 51.165(a)(1).

20.2.79.14  LIMITATION OF DEFENSE.  The existence of a valid permit
under this part shall not constitute a defense to a violation nor any
section of this part, except the requirement for obtaining a permit. 

[1/22/06]	Submitted 12/29/05

Meets 40 CFR 51.163.

20.2.79.15 to 20.2.79.108  [RESERVED]

	20.2.79.109  109.  APPLICABILITY:	Rev. Submitted 12/29/05

	A.   Any person constructing any new major stationary source or major
modification shall obtain a permit from the department in accordance
with the requirements of this Part  prior to the start of construction
or modification if either of the following conditions apply:

		(1)  1.   The major stationary source or major modification will be
located within a nonattainment area so designated pursuant to Section
107 of the Federal Clean Air Act and will emit a regulated pollutant for
which it is major and which the area is designated nonattainment for; or

		(2)  2.   The major stationary source or major modification will be
located within an area designated attainment or unclassifiable pursuant
to Section 107 of the Federal Clean Air Act and will emit a regulated
pollutant for which it is major and the ambient impact of such pollutant
would exceed any of the significance levels in Subsection A of
20.2.79.119 NMAC Section 119.A at any location that does not meet any
national ambient air quality standard for the same pollutant.  (See
Subsection D of 20.2.79.109 NMAC Section 109.D)	Meet 40 CFR
51.165(a)(2)(i)

	B.   The requirements of this Part apply to each regulated pollutant
meeting the criteria of either paragraph (1) or paragraph (2) of
subsection A of 20.2.79.109 NMAC 109.A.1 or 109.A.2.	Meets 40 CFR
51.165(a)(2)(i)

	C.   For an area which is nonattainment for ozone, volatile organic
compounds and oxides of nitrogen are the regulated pollutant which may
make this Part applicable under the provisions of paragraph (1) of
subsection A of 20.2.79.109 NMAC 109.A.1.	Meets 40 CFR 51.165(a)(8) and 
§182(f) of the Act.

	D.   Other requirements.

		(1)  A new major stationary source or major modification which meets
the criteria of paragraph (2) of subsection (A) of 20.2.79.109 Section
109.A.2 shall demonstrate that the source or modification will not cause
or contribute to a violation of any National Ambient Air Quality
Standard by meeting the following requirements and no others of  this
Part (Part 79):

			(a)  1.  Paragraph (2) of Subsection C of 20.2.79.112 Section 
112.C.2 regarding emission offsets;

			(b)  2.  Subsection D of 20.2.79.112 NMAC Section  112.D regarding a
net air quality benefit;

			(c)  3.  20.2.79.114 NMAC Section  114 - Emission Offset Baseline;

			(d)  4.  20.2.79.115 NMAC Section  115 - Emission Offset; and

			(e)  5.  20.2.79.117 NMAC Section  117 - Air Quality Benefit.

		(2)  In addition, a new source or modification which meets the
criteria of Paragraph (2) of Subsection A of 20.2.79.109 NMAC Section
109.A.2 and is also a major stationary source or major modification as
defined in 20.2.74 NMAC Part 74 - (prevention of significant
deterioration (PSD)), shall obtain a PSD permit under the provisions of
20.2.74 NMAC Part 74.	Non-substantive.

	E.  Applicability procedures.	Submitted 12/29/05

		(1)  Except as otherwise provided in paragraphs (3) and (4) of this
subsection, and consistent with the definition of major modification a
project is a major modification for a regulated new source review
pollutant if it causes two types of emissions increases –  a
significant emissions increase (as defined in subsection AM of section
20.2.79.7 NMAC), and a significant net emissions increase (as defined in
Subsections Z and AM of 20.2.79.7 NMAC). The project is not a major
modification if it does not cause a significant emissions increase. If
the project causes a significant emissions increase, then the project is
a major modification only if it also results in a significant net
emissions increase.	Meets 40 CFR 51.165(a)(2)(ii)(A).

		(2)  The procedure for calculating (before beginning actual
construction) whether a significant emissions increase (i.e., the first
step of the process) will occur depends upon the type of emissions units
being modified, according to paragraphs (3) through (4) of this
subsection. The procedure for calculating (before beginning actual
construction) whether a significant net emissions increase will occur at
the major stationary source (i.e., the second step of the process) is
contained in the definition of net emissions increase.  Regardless of
any such preconstruction projections, a major modification results if
the project causes a significant emissions increase and a significant
net emissions increase.	Meets 40 CFR 51.165(a)(2)(ii)(B).

		(3)  Actual-to-projected-actual applicability test for projects that
involve existing emissions units. A significant emissions increase of a
regulated new source review pollutant is projected to occur if the sum
of the difference between the projected actual emissions and the
baseline actual emissions  (as defined in paragraphs (1) and (2) of
Subsection E of 20.2.79.NMAC, as applicable) for each existing emissions
unit, equals or exceeds the significant amount for that pollutant (as
defined in subsection AM of section 20.2.79.7NMAC).	Meets 40 CFR
51.165(a)(2)(ii)(C).

		(4)  Actual-to-potential test for projects that involve construction
of a new emissions unit(s). A significant emissions increase of a
regulated new source review pollutant is projected to occur if the sum
of the difference between the potential to emit from each new emissions
unit following completion of the project and the baseline actual
emissions (as defined in paragraphs (1) and (2) of Subsection E of
20.2.79.7 NMAC) of these units before the project equals or exceeds the
significant amount for that pollutant (as defined in subsection AM of
section 20.2.79.7NMAC).	Meets 40 CFR 51.165(a)(2)(ii)(D).

		(5)  Hybrid test for projects that involve multiple types of emissions
units. A significant emissions increase of a regulated new source review
pollutant is projected to occur if the sum of the emissions increases
for each emissions unit, using the method specified in Paragraphs (3)
and (4) subsection as applicable with respect to each emissions unit,
for each type of emissions unit equals or exceeds the significant amount
for that pollutant.  For example, if the project involves both an
existing emissions unit and a new emissions unit, the projected increase
is determined by summing the values determined using the method
specified in Paragraph (3) of this subsection for the existing unit and
determined using the method specified in Paragraph (4) of this
subsection for the new unit.	Meets 40 CFR 51.165(a)(2)(ii)(F).

		(6)  For any major stationary source for a PAL for a regulated new
source review pollutant, the major stationary source shall comply with
the requirements under 20.2.79.120 NMAC.	Meets 40 CFR 51.165(a)(2)(iii).

	F.  The following specific provisions apply to projects at existing
emissions units at a major stationary source (other than projects with a
PAL) in circumstances where the owner or operator elects to use the
method specified in Paragraphs (1) through (3) of Subsection AI of
20.2.79.7 NMAC for calculating projected actual emissions.	Submitted
12/29/05

Meets 40 CFR 51.165(a)(6).

NOTE:  Does not include the “reasonable possibility” provisions that
the D.C. Circuit remanded to EPA.

		(1)  Before beginning actual construction of the project, the owner or
operator shall document and maintain a record of the following
information: 

			(a)  a description of the project; 

			(b)  identification of the emissions units whose emissions of a
regulated new source review  pollutant could be affected by the project;
and 

			(c)   a description of the applicability test used to determine that
the project is not a major modification for any regulated new source
review pollutant, including the baseline actual emissions, the projected
actual emissions, the amount of emissions excluded under Paragraph (3)
of Subsection AI of 20.2.79.7 NMAC and an explanation for why such
amount was excluded, and any netting calculations, if applicable.	Meets
40 CFR 51.165(a)(6)(i)

		(2)  If the emissions unit is an existing electric utility steam
generating unit, before beginning actual construction, the owner or
operator shall provide a copy of the information set out in Paragraph
(1) of this subsection to the department.  Nothing in this paragraph
shall be construed to require the owner or operator of such a unit to
obtain any determination from the department; however, preconstruction
approvals and/or permits must be obtained before beginning actual
construction.	Meets 40 CFR 51.165(a)(6)(ii).

		(3)  The owner or operator shall monitor the emissions of any
regulated new source review pollutant that could increase as a result of
the project and that is emitted by any emissions unit identified in
Subparagraph (b) of Paragraph (1) of this subsection; and calculate and
maintain a record of the annual emissions, in tons per year on a
calendar year basis, for a period of 5 years following resumption of
regular operations after the change, or for a period of 10 years
following resumption of regular operations after the change if the
project increases the design capacity or potential to emit of that
regulated new source review pollutant at such emissions unit.	Meets 40
CFR 51.165(a)(6)(iii).

		(4)  If the unit is an existing electric utility steam generating
unit, the owner or operator shall submit a report to the department
within 60 days after the end of each year during which records must be
generated under Paragraph (3) of this subsection setting out the unit's
annual emissions during the calendar year that preceded submission of
the report.	Meets 40 CFR 51.165(a)(6)(iv).

		(5)  If the unit is an existing unit other than an electric utility
steam generating unit, the owner or operator shall submit a report to
the department if the annual emissions, in tons per year, from the
project identified in Paragraph (1) of this subsection, exceed the
baseline actual emissions (as documented and maintained pursuant to
Subparagraph (c) of Paragraph (1) of this subsection) by a significant
amount (as defined in 20.2.79.7 NMAC) for that regulated new source
review pollutant, and if such emissions differ from the preconstruction
projection as documented and maintained pursuant to Subparagraph (c) of
Paragraph (1) of this subsection. Such report shall be submitted to the
department within 60 days after the end of such year. The report shall
contain the following:

			(a)  the name, address and telephone number of the major stationary
source;

			(b)  the annual emissions as calculated pursuant to Paragraph (3) of
this subsection; and

			(c)   any other information that the owner or operator wishes to
include in the report (e.g., an explanation as to why the emissions
differ from the preconstruction projection).	Meets 40 CFR
51.165(a)(6)(v).

	G.   The owner or operator of the source shall make the information
required to be documented and maintained pursuant to Subsection E of
this section available for review upon request for inspection by the
department or the general public pursuant to the requirements contained
in 40 CFR 70.4(b)(3)(viii).	Submitted 12/29/05

Meets 40 CFR 51.165(a)(7).

[11/30/95; 20.2.79.109 NMAC 20 Rn, 20 NMAC 2.79.109 10/31/02; A,
1/22/06]

	  SEQ CHAPTER \h \r 1 20.2.79.110 110.  SOURCE OBLIGATION:

*          *          *          *          *

	F.  If the owner or operator previously issued a permit under this Part
applies for an extension as provided under subsection D of 20.2.79.119
NMAC 110.D, and the new proposed date of construction is greater than 18
months from the date the permit would become invalid, the determination
of lowest achievable emission rate shall be reviewed and modified as
appropriate before such an extension is granted.  At such time, the
owner or operator may be required to demonstrate the adequacy of any
previous determination of lowest achievable emission rate.	Rev.
Submitted 12/29/05

Non-substantive

[11/30/95; 20.2.79.110 NMAC 20 Rn, 20 NMAC 2.79.110 10/31/02]

	20.2.79.111 111.   APPLICATION CONTENTS:   SOURCE INFORMATION: 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 this Part.  The items
of this section are required before the Department may deem an
application administratively complete.  All applications shall include: 
Information shall include, but is not limited to:

   	A.   All information required by subsection 20.2.72.203 NMAC; and  A
description of the nature, location, design capacity, and typical
operating schedule of the major stationary source or major modification,
including specifications and drawings showing the design and plant
layout; and 

*          *          *          *          *

[11/30/95; 20.2.79.111 NMAC 20 Rn, 20 NMAC 2.79.111 10/31/02]	Rev.
Submitted 12/29/05

The provisions in 20.2.72.203.A NMAC are substantively the same as the
current SIP.  Changes retain the provisions of the current SIP plus
additional requirements that improve the existing State rule.

  SEQ CHAPTER \h \r 1 20.2.79.112 112. SOURCE REQUIREMENTS:  ***

*          *          *          *          *

	C.   Emission Reductions.

		(1)  1.   Emission reductions (offsets) at existing sources shall
occur prior to or concurrent with the start of operation of the proposed
major stationary source or major modification for each pollutant emitted
which is subject to this Part.  As a general rule, such offsets shall be
at least 20% greater than the allowable emissions of the proposed new
major stationary source or major modification, and shall assure that the
total tonnage of increased emissions of the air pollutant from the new
or modified source shall be offset by an equal or greater reduction in
the actual emissions of such air pollutant from the same or other
sources in the area.  An offset less than twenty percent (20%) but at
least 10 percent (10% or 1:1.1 ratio), greater than one-to-one, may be
allowed if reasonable progress toward the attainment of the applicable
NAAQS will be achieved.  A higher level of offset reduction may be
required in order to demonstrate that a net air quality benefit will
occur; or

		(2)  2.   A new major stationary source or major modification which is
subject to the requirements of 20.2.79.109 NMAC Section 109.D shall
obtain sufficient emission reductions to, at a minimum, compensate for
its adverse ambient impact where the major stationary source or major
modification would otherwise cause or contribute to a violation of any
national ambient air quality standard.

*          *          *          *          *

[11/30/95; A, 10/01/97; 20.2.79.112 NMAC 20 Rn, 20 NMAC 2.79.112
10/31/02]	  SEQ CHAPTER \h \r 1 Rev. Submitted 12/29/05

Non-substantive.

  SEQ CHAPTER \h \r 1 20.2.79.113 113.  ADDITIONAL REQUIREMENTS FOR
SOURCES IMPACTING MANDATORY FEDERAL CLASS I AREAS:

	A.   The requirements of this section apply only to proposed major
stationary sources or major modifications that meet the criteria of
paragraph (1) of subsection A of 20.2.79.109 NMAC Section 109.A.1 of
this Part  and that also are major stationary sources or major
modifications as defined in 20.2.74 NMAC Part 74.  A major stationary
source or major modification which meets the criteria of paragraph A of
subsection A of 20.2.79.109 NMAC Section 109.A.2 of this Part may be
subject to requirements for Federal Class I Areas in 20.2.74 Part 74 if
that Part applies.

*          *          *          *          *

	D.   ***

		Renumber ¶s 1 – 2 to ¶s (1) – (2)

*          *          *          *          *

[11/30/95; 20.2.79.113 NMAC 20 Rn, 20 NMAC 2.79.113 10/31/02]	  SEQ
CHAPTER \h \r 1 Rev. Submitted 12/29/05

Non-substantive.

  SEQ CHAPTER \h \r 1 114. EMISSION OFFSET BASELINE:  ***

[11/30/95; 20.2.79.114 NMAC 20 Rn, 20 NMAC 2.79.114 10/31/02]	  SEQ
CHAPTER \h \r 1 Rev. Submitted 12/29/05

Non-substantive.

  SEQ CHAPTER \h \r 1 20.2.79.115 115.  EMISSION OFFSETS:   All emission
offsets approved by the department shall meet the following criteria.

*          *          *          *          *	  SEQ CHAPTER \h \r 1 Rev.
Submitted 12/29/05

Non-substantive.

  SEQ CHAPTER \h \r 1 	F.   Emission reduction credit may be allowed for
a source permanently curtailing production or operating hours below
baseline levels provided that the work force to be affected has been
notified of the curtailment.	Introductory paragraph in current SIP is
unchanged.  SEQ CHAPTER \h \r 1 

		(1)  Emissions reductions achieved by shutting down an existing source
or curtailing production or operating hours below baseline levels may be
generally credited if such reductions are permanent, quantifiable, and
federally enforceable, and if the area has an EPA-approved attainment
plan. In addition, the shutdown or curtailment is creditable only if it
occurred on or after the date specified for this purpose in the plan,
and if such date is on or after the date of the most recent emissions
inventory used in the plan's demonstration of attainment. Where the plan
does not specify a cutoff date for shutdown credits, the date of the
most recent emissions inventory or attainment demonstration, as the case
may be, shall apply. However, in no event may credit be given for
shutdowns which occurred prior to August 7, 1977. For purposes of this
paragraph, a permitting authority may choose to consider a prior
shutdown or curtailment to have occurred after the date of its most
recent emissions inventory, if the inventory explicitly includes as
current existing emissions the emissions from such previously shutdown
or curtailed sources.	  SEQ CHAPTER \h \r 1 Meets 40 CFR
51.165(a)(3)(C)(1).



		(2)  Such reductions may be credited in the absence of an approved
attainment demonstration only if the shutdown or curtailment occurred on
or after the date the new source permit application is filed, or, if the
applicant can establish that the proposed new source is a replacement
for the shutdown or curtailed source, and the cutoff date provisions of
Paragraph (1) are observed.	  SEQ CHAPTER \h \r 1 Meets 40 CFR
51.165(a)(3)(C)(2).



*          *          *          *          *  SEQ CHAPTER \h \r 1 

	I.   ***

		(1)  1.   *** Renumber ¶s 1 – 3 to ¶s (1) – (3)

		(2)  2.   ***

		(3)  3.   ***

*          *          *          *          *  SEQ CHAPTER \h \r 1 
Non-substantive.

	K. The total tonnage of increased emissions, in tons per year,
resulting from a major modification that must be offset in accordance
with section 173 of the federal Clean Air Act shall be determined by
summing the difference between the allowable emissions after the
modification (as defined by paragraph (a)(1)(xi) of this section) and
the actual emissions before the modification (as defined in paragraph
(a)(1)(xii) of this section) for each emissions unit.	Meets 40 CFR
51.165(a)(3)(J)

[11/30/95; 20.2.79.115 NMAC 20 Rn, 20 NMAC 2.79.115 10/31/02; A,
1/22/06]

	20.2.79.116  116.  BANKING OF EMISSION REDUCTION:

*          *          *          *          *

	B.   ***

		Renumber ¶s 1 – 3 to ¶s (1) – (3)

	C.   ***

		Renumber ¶s 1 – 5 to ¶s (1) – (5)

	D.   Use and Sale of Emission Reductions.

		(1)  1.   The use of any preserved emission reduction is confined to
meeting the emission offset requirements of this Part or 20.2.72 NMAC
Part 72.

		Renumber ¶s 2 – 2 to ¶s (2) – (3)

		(4)  4.   The use of preserved emission reduction credits is subject
to the criteria of 20.2.79.115 Section 115 - Emission Offsets.

[11/30/95; 20.2.79.116 NMAC 20 Rn, 20 NMAC 2.79.116 10/31/02]	Rev.
Submitted 12/29/05

The corresponding provisions to 20.2.72 NMAC that relate to offset
requirements are curently in 20.2.72.216 NMAC (corresponding to Part 72,
Section 216 in the current SIP).  The current provisions of 20.2.72.216
NMAC retain the provisions in the current SIP with non-substantive
changes, plus additional provisions that improve upon the current SIP.

20.2.79.117  117.  AIR QUALITY BENEFIT:     ***

[11/30/95; 20.2.79.117 NMAC 20 Rn, 20 NMAC 2.79.117 10/31/02]	Rev.
Submitted 112/29/05

Non-substantive.

20.2.79.118 118.  PUBLIC PARTICIPATION AND NOTIFICATION:	Rev. Submitted
04/11/02

Rev. Submitted 12/19/05

	A.   The Department shall, within thirty (30) days after its receipt of
an application for a permit or significant permit revision subject to
this Part,  review such application and determine whether it is
administratively complete.  If the application is deemed:  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 received all required
information. 	Meets 40 CFR 51.163

Comparable to 20.2.74.400.A which applies to PSD and meets the
requirements of 40 CFR 51.166(q)(1).

		(1)  1.  administratively complete, a letter to that effect shall be
sent by certified mail to the applicant. 

			(2)  2.  administratively incomplete, a letter shall be sent by
certified mail to the applicant stating that additional information or
points of clarification are necessary to deem the application
administratively complete.  Upon receipt of the additional information
or clarification, the Department shall promptly review such information
to determine whether the application is administratively complete. 

			(3)  3.  administratively complete but no permit is required,  a
letter shall be sent by certified mail to the applicant informing the
applicant that of the determination.

		B.   The Department Within 180 days after receipt of a complete
application, the reviewing authority shall:	The deleted text is now in
20.2.79.118(B)(7).

		(1)  1.   Make a preliminary determination whether construction should
be approved, approved with conditions, or disapproved.	Meets 40 CFR
51.161(a) and 51.163.  Comparable to 20.2.74.400.C(1) which applies to
PSD and meets the requirements of 40 CFR 51.166(q)(2)(i).

		(2)  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.	Meets 40 CFR 51.161(b)(1) and 51.163.  Comparable to
20.2.74.400.C (2) which applies to PSD and meets the requirements of 40
CFR 51.166(q)(2)(ii).

		(3)  3.   Notify the public by advertisement in a newspaper of general
circulation in the area in which the proposed major stationary source or
major modification would be constructed, of the application, the
preliminary determination, and the opportunity for comment at a public
hearing as well as written public comment.  The public comment period
shall be for forty-five days from the date of such advertisement.	Meets
40 CFR 51.161(b)(3) and 51.163.  Comparable to 20.2.74.400.C (3) which
applies to PSD and meets the requirements of 40 CFR 51.166(q)(2)(iii). 

		(4)  4.   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:  any other state or local air pollution control
agencies, the chief executives of city and county where the source would
be located, any regional comprehensive land use planning agency, and any
state, Federal, or Indian governing body whose lands may be affected by
emissions from the source or modification.	Meets 40 CFR 51.161(d) and
51.163.  Comparable to 20.2.74.400.C (4) which applies to PSD and meets
the requirements of 40 CFR 51.166(q)(2)(iv).

		(5)  5.   Provide the opportunity for public hearing for interested
persons to appear submit written or oral comments on the air quality
impact of the source and other appropriate considerations.	Meets 40 CFR
51.161(b)(3) and 51.163.  Comparable to 20.2.74.400.C (5) which applies
to PSD and meets the requirements of 40 CFR 51.166(q)(2)(v).

		(6)  6.   Consider all written comments submitted within the time
specified in the notice of public comment and all comments received at
any public hearing(s) in making the final decision on 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.	Meets 40
CFR 51.163.  Comparable to 20.2.74.400.C (6) which applies to PSD and
meets the requirements of 40 CFR 51.166(q)(2)(vi).

		(7)  7.   Within ninety (90) days after the application is deemed
administratively complete, unless the Secretary, as specified in
20.72.207 NMAC, grants an extension not to exceed ninety (90) days for
good cause:

			(a)  make a final determination of whether construction should be
approved, approved with conditions, or disapproved; and

			(b)  (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 comment relating to the source. 	Meets 40 CFR 51.163. 
Comparable to 20.2.74.400.C (7) which applies to PSD and meets the
requirements of 40 CFR 51.166(q)(2)(vii).



[11/30/95; A, 01/01/00; 20.2.79.118 NMAC 20 Rn, 20 NMAC 2.79.118
10/31/02]

	20.2.79.119  119.  TABLES:

	A.   Significant Ambient Concentrations  ***

	B.   Fugitive Emissions Source Categories ***

[11/30/95; 20.2.79.119 NMAC 20 Rn, 20 NMAC 2.79.119 10/31/02]	Rev
Submitted 12/29/05

Non-substantive.

  SEQ CHAPTER \h \r 1 20.2.79.120  ACTUALS PLANTWIDE APPLICABILITY
LIMITS (PALs)	  SEQ CHAPTER \h \r 1 Submitted 12/29/05

Meets 40 CFR 51.165(f).

  SEQ CHAPTER \h \r 1 	A.  Applicability.	  SEQ CHAPTER \h \r 1 Meets 40
CFR 51.165(f)(1)

		(1)  The department may approve the use of an actuals PAL for any
existing major stationary source if the PAL meets the requirements of
this section. The term "PAL" shall mean "actuals PAL" throughout
paragraph this section.	Meets 40 CFR 51.165(f)(1)(i)

		(2)  Actuals PALs shall not be allowed form VOC or NOx for any major
stationary source located in an extreme ozone nonattainment area.	Meets
40 CFR 51.165(f)(1)(ii)

		(3)  Any physical change in or change in the method of operation of a
major stationary source that maintains its total source-wide emissions
below the PAL level, meets the requirements of this Subsection, and
complies with the PAL permit: 

			(a)  is not a major modification for the PAL pollutant; 

			(b)  does not have to be approved through the plan's nonattainment
major NSR program; and 

			(c)   is not subject to the provisions in Subsection D of 20.2.79.110
NMED (restrictions on relaxing enforceable emission limitations that the
major stationary source used to avoid applicability of the nonattainment
major new source review program).	Meets 40 CFR 51.165(f)(1)(iii)

	B.   Definitions applicable to this section.	Meets 40 CFR 51.165(f)(2)

		(1)  Actuals PAL for a major stationary source means a PAL based on
the baseline actual emissions at the source, that emit or have the
potential to emit the PAL pollutant.	Meets 40 CFR 51.165(f)(2)(i)

		(2)  Allowable emissions means “allowable emissions” as defined in
20.2.79.7 NMAC, except as this definition is modified in accordance with
the following:

			(a)  The allowable emissions for any emissions unit shall be
calculated considering any emission limitations that are enforceable as
a practical matter on the emissions unit's potential to emit.

			(2)  An emissions unit's potential to emit shall be determined using
the definition in 20.2.79.7 NMAC, except that the words "or enforceable
as a practical matter" should be added after "federally enforceable."
Meets 40 CFR 51.165(f)(2)(ii)

		(3)  Small emissions unit means an emissions unit that emits or has
the potential to emit the PAL pollutant in an amount less than the
significant level for that PAL pollutant, as defined in Subsection AM of
20.2.79.7 NMAC or in the federal clean air act, whichever is lower.
Meets 40 CFR 51.165(f)(2)(iii)

		(4)  Major emissions unit means

			(a)  any emissions unit that emits or has the potential to emit 100
tons per year or more of the PAL pollutant in an attainment area; or

			(b)  any emissions unit that emits or has the potential to emit the
PAL pollutant in an amount that is equal to or greater than the major
source threshold value for the PAL pollutant as defined in the Clean Air
Act for nonattainment areas.  For example, in accordance with the
definition of major stationary source in Section 182(c) of the Clean Air
Act, an emissions unit would be a major emissions unit for VOC if the
emissions unit is located in a serious ozone nonattainment area and it
emits or has the potential to emit 50 or more tons of VOC per year.
Meets 40 CFR 51.165(f)(2)(iv)

		(5)  Plantwide applicability limitation (PAL) means an emission
limitation expressed in tons per year, for a pollutant at a major
stationary source, that is enforceable as a practical matter and
established source-wide in accordance with this section.	Meets 40 CFR
51.165(f)(2)(v)

		(6)  PAL effective date generally the date means of issuance of the
PAL permit. However, the PAL effective date for an increased PAL is the
date any emissions unit which is part of the PAL major modification
becomes operational and begins to emit the PAL pollutant.	Meets 40 CFR
51.165(f)(2)(vi)

		(7)  PAL effective period means the period beginning with the PAL
effective date and ending 10 years later.	Meets 40 CFR 51.165(f)(2)(vii)

		(8) PAL major modification means,  notwithstanding the definitions for
major modification and net emissions increase in 20.2.79.7 NMAC, any
physical change in or change in the method of operation of the PAL
source that causes it to emit the PAL pollutant at a level equal to or
greater than the PAL.	Meets 40 CFR 51.165(f)(2)(viii)

		(9)  PAL permit means the major NSR permit, the minor NSR permit, or
the State operating permit under a program that is approved into the
plan, or the title V permit issued by the administrative authority that
establishes a PAL for a major stationary source.	Meets 40 CFR
51.165(f)(2)(ix)

		(10)  PAL pollutant means the pollutant for which a PAL is established
at a major stationary source.	Meets 40 CFR 51.165(f)(2)(x)

		(11)  Significant emissions unit means an emissions unit that emits or
has the potential to emit a PAL pollutant in an amount that is equal to
or greater than the significant level (as defined in Subsection AV of
20.2.79.7 NMAC or in the act, whichever is lower) for that PAL
pollutant, but less than the amount that would qualify the unit as a
major emissions unit as defined in Paragraph (4) of this subsection.
Meets 40 CFR 51.165(f)(2)(xi)

	C.  Permit application requirements.  As part of a permit application
requesting a PAL, the owner or operator of a major stationary source
shall submit the following information to the administrative authority
for approval.	Meets 40 CFR 51.165(f)(3)

		(1)  A list of all emissions units at the source designated as small,
significant or major based on their potential to emit. In addition, the
owner or operator of the source shall indicate which, if any, Federal or
State applicable requirements, emission limitations or work practices
apply to each unit.	Meets 40 CFR 51.165(f)(3)(i)

		(2)  Calculations of the baseline actual emissions with supporting
documentation. Baseline actual emissions are to include emissions
associated not only with operation of the unit, but also emissions
associated with startup, shutdown and malfunction.	Meets 40 CFR
51.165(f)(3)(ii)

		(3)  The calculation procedures that the major stationary source owner
or operator proposes to use to convert the monitoring system data to
monthly emissions and annual emissions based on a 12-month rolling total
for each month as required by Subsection M Section.	Meets 40 CFR
51.165(f)(3)(iii)

	D.  General requirements for establishing PALs.	Meets 40 CFR
51.165(f)(4)

		(1)  The department may establish a PAL at a major stationary source,
provided that at a minimum, the following requirements are met.	Meets 40
CFR 51.165(f)(4)(1)

			(a)  The PAL shall impose an annual emission limitation in tons per
year, that is enforceable as a practical matter, for the entire major
stationary source. For each month during the PAL effective period after
the first 12 months of establishing a PAL, the major stationary source
owner or operator shall show that the sum of the monthly emissions from
each emissions unit under the PAL for the previous 12 consecutive months
is less than the PAL (a 12-month average, rolled monthly). For each
month during the first 11 months from the PAL effective date, the major
stationary source owner or operator shall show that the sum of the
preceding monthly emissions from the PAL effective date for each
emissions unit under the PAL is less than the PAL.	Meets 40 CFR
51.165(f)(4)(1)(A)

			(b)  The PAL shall be established in a PAL permit that meets the
public participation requirements in Subsection E Section.	Meets 40 CFR
51.165(f)(4)(1)(B)

			(c)  The PAL permit shall contain all the requirements of Subsection
G of this Section.	Meets 40 CFR 51.165(f)(4)(1)(C)

			(d)  The PAL shall include fugitive emissions, to the extent
quantifiable, from all emissions units that emit or have the potential
to emit the PAL pollutant at the major stationary source.	Meets 40 CFR
51.165(f)(4)(1)(D)

			(e)  Each PAL shall regulate emissions of only one pollutant.	Meets
40 CFR 51.165(f)(4)(1)(E)

			(f)  Each PAL shall have a PAL effective period of 10 years.	Meets 40
CFR 51.165(f)(4)(1)(F)

			(g)  The owner or operator of the major stationary source with a PAL
shall comply with the monitoring, recordkeeping, and reporting
requirements provided in Subsections L through N of this section for
each emissions unit under the PAL through the PAL effective period.
Meets 40 CFR 51.165(f)(4)(1)(G)

		(2)  At no time during or after the PAL effective period are emissions
reductions of a PAL pollutant, which occur during the PAL effective
period, creditable as decreases for purposes of offsets under
20.2.79.115 NMAC unless the level of the PAL is reduced by the amount of
such emissions reductions and such reductions would be creditable in the
absence of the PAL.	Meets 40 CFR 51.165(f)(4)(1)(ii)

	E.  Public participation requirement for PALs.  PALs Procedures for
existing major stationary sources shall be established, renewed, or
increased through a procedure that is consistent with 40 CFR 51.160 and
51.161.  This includes the requirement that the administrative authority
provide the public with notice of the proposed approval of a PAL permit
and at least a 30-day period for submittal of public comment. The
administrative authority shall address all material comments before
taking final action on the permit.	Meets 40 CFR 51.165(f)(5)

	F.  Setting the 10-year actuals PAL level.	Meets 40 CFR 51.165(f)(6)

		(1)  Except as provided in Paragraph (2) of this subsection, the
actuals PAL level for a major stationary source shall be established as
the sum of the baseline actual emissions (as defined in 20.2.79.7 NMAC)
of the PAL pollutant for each emissions unit at the source; plus an
amount equal to the applicable significant level for the PAL pollutant
under Subsection AV of 20.2.79.7 NMAC or under that act, whichever is
lower. When establishing the actuals PAL level, for a PAL pollutant,
only one consecutive 24-month period must be used to determine the
baseline actual emissions for all existing emissions units. However, a
different consecutive 24-month period may be used for each different PAL
pollutant. Emissions associated with units that were permanently shut
down after this 24-month period must be subtracted from the PAL level.
The administrative authority shall specify a reduced PAL levels (in
tons/yr) in the PAL permit to become effective on the future compliance
dates of any applicable Federal or State regulatory requirements that
the administrative authority is aware of prior to issuance of the PAL
permit. For instance, if the source owner or operator will be required
to reduce emissions from industrial boilers in half from baseline
emissions of 60 ppm NOX to a new rule limit of 30 ppm, then the permit
shall contain a future effective PAL level that is equal to the current
PAL level reduced by half of the original baseline emissions of such
unit.	Meets 40 CFR 51.165(f)(6)(i)

  SEQ CHAPTER \h \r 1 		(2)  For newly constructed units (which do not
include modifications to existing units) on which actual construction
began after the 24-month period, in lieu of adding the baseline actual
emissions as specified in Paragraph (1) of this subsection, the
emissions must be added to the PAL level in an amount equal to the
potential to emit of the units.	  SEQ CHAPTER \h \r 1 Meets 40 CFR
51.165(f)(6)(ii)

	G.  Contents of the PAL permit. The PAL permit contain, at a minimum,
the following information:	Meets 40 CFR 51.165(f)(7)

		(1)  The PAL pollutant and the applicable source-wide emission
limitation in tons per year.	Meets 40 CFR 51.165(f)(7)(i)

		(2)  The PAL permit effective date and the expiration date of the PAL
(PAL effective period).	Meets 40 CFR 51.165(f)(7)(ii)

		(3)  Specification in the PAL permit that if a major stationary source
owner or operator applies to renew a PAL in accordance with Subsection J
of this section before the end of the PAL effective period, then the PAL
shall not expire at the end of the PAL effective period. It shall remain
in effect until a revised PAL permit is issued by the department.	Meets
40 CFR 51.165(f)(7)(iii)

		(4)  A requirement that emission calculations for compliance purposes
include emissions from startup, shutdown, and malfunction.	Meets 40 CFR
51.165(f)(7)(iv)

		(5)  A requirement that, once the PAL expires, the major stationary
source is subject to the requirements of Subsection I of this section.
Meets 40 CFR 51.165(f)(7)(v)

		(6)  The calculation procedures that the major stationary source owner
or operator shall use to convert the monitoring system data to monthly
emissions and annual emissions based on a 12-month rolling total for
each month as required by Paragraph (1) of Subsection M of this section.
Meets 40 CFR 51.165(f)(7)(vi)

		(7)  A requirement that the major stationary source owner or operator
monitor all emissions units in accordance with the provisions under
Subsection L of this section.	Meets 40 CFR 51.165(f)(7)(vii)

		(8)  A requirement to retain the records required under Subsection M
of this section on site. Such records may be retained in an electronic
format.	Meets 40 CFR 51.165(f)(7)(viii)

		(9)  A requirement to submit the reports required under Subsection N
of this section by the required deadlines.	Meets 40 CFR 51.165(f)(7)(ix)

		(10)  Any other requirements that the department deems necessary to
implement and enforce the PAL.	Meets 40 CFR 51.165(f)(7)(x)

  SEQ CHAPTER \h \r 1 	H.  PAL Effective Period and Reopening of the PAL
Permit.	  SEQ CHAPTER \h \r 1 Meets 40 CFR 51.165(f)(8)

  SEQ CHAPTER \h \r 1 		(1)  PAL Effective Period. The PAL effective
period shall be 10 years.	  SEQ CHAPTER \h \r 1 Meets 40 CFR
51.165(f)(8)(i)

  SEQ CHAPTER \h \r 1 		(2)  Reopening of the PAL Permit.	  SEQ CHAPTER
\h \r 1 Meets 40 CFR 51.165(f)(8)(ii)

  SEQ CHAPTER \h \r 1 			(a)  During the PAL effective period, the
department shall reopen the PAL permit to: 

				(i)  correct typographical/calculation errors made in setting the
PAL or reflect a more accurate determination of emissions used to
establish the PAL. 

				(ii)  reduce the PAL if the owner or operator of the major
stationary source creates creditable emissions reductions for use as
offsets under 20.2.79.115 NMAC; or 

				(iii)  revise the PAL to reflect an increase in the PAL as provided
under Subsection K of this section.	  SEQ CHAPTER \h \r 1 Meets 40 CFR
51.165(f)(8)(ii)(A)

  SEQ CHAPTER \h \r 1 			(b)  The department may reopen the PAL permit
for the following: 

				(i)  to reduce the PAL to reflect newly applicable Federal
requirements (e.g.  NSPS) with compliance dates after the PAL effective
date; 

				(ii)  to reduce the PAL consistent with any other requirement, that
is enforceable as a practical matter, and that the department may impose
on the major stationary source under the plan. 

				(iii)  to reduce the PAL if the department determines that a
reduction is necessary to avoid causing or contributing to a national
ambient air quality standard (NAAQS) or PSD increment violation, or to
an adverse impact on an air quality related value that has been
identified for a federal class I area by a federal land manager and for
which information is available to the general public.	  SEQ CHAPTER \h
\r 1 Meets 40 CFR 51.165(f)(8)(ii)(B)

  SEQ CHAPTER \h \r 1 			(c)  Except for the permit reopening in Item
(i) of Subparagraph (a) or this paragraph for the correction of
typographical/calculation errors that do not increase the PAL level, all
other reopenings shall be carried out in accordance with the public
participation requirements of Subsection E of this section.	  SEQ
CHAPTER \h \r 1 Meets 40 CFR 51.165(f)(8)(ii)(C)

	I.  Expiration of a PAL.  Any PAL that is not renewed in accordance
with the procedures in Subsection J of this section shall expire at the
end of the PAL effective period, and the following requirements shall
apply.	Meets 40 CFR 51.165(f)(9)

  SEQ CHAPTER \h \r 1 		(1)  Each emissions unit (or each group of
emissions units) that existed under the PAL shall comply with an
allowable emission limitation under a revised permit established
according to the following procedures.	  SEQ CHAPTER \h \r 1 Meets 40
CFR 51.165(f)(9)(i)

			(a)  Within the time frame specified for PAL renewals in Paragraph
(2) of Subsection J of this section, the major stationary source shall
submit a proposed allowable emission limitation for each emissions unit
(or each group of emissions units, if such a distribution is more
appropriate as decided by the administrative authority) by distributing
the PAL allowable emissions for the major stationary source among each
of the emissions units that existed under the PAL. If the PAL had not
yet been adjusted for an applicable requirement that became effective
during the PAL effective period, as required under Paragraph (5) of
Subsection J of this section, such distribution shall be made as if the
PAL had been adjusted.	Meets 40 CFR 51.165(f)(9)(i)(A)

			(b).  The department shall decide whether and how the PAL allowable
emissions will be distributed and issue a revised permit incorporating
allowable limits for each emissions unit, or each group of emissions
units, as the administrative authority determines is appropriate.	Meets
40 CFR 51.165(f)(9)(i)(B)

		(2)  Each emissions unit(s) shall comply with the allowable emission
limitation on a 12-month rolling basis. The administrative authority may
approve the use of monitoring systems (source testing, emission factors,
etc.) other than CEMS, CERMS, PEMS, or CPMS to demonstrate compliance
with the allowable emission limitation.	Meets 40 CFR 51.165(f)(9)(ii)

		(3)  Until the department issues the revised permit incorporating
allowable limits for each emissions unit, or each group of emissions
units, as required under Subparagraph (a) or Paragraph (1) of this
subsection, the source shall continue to comply with a source-wide,
multi-unit emissions cap equivalent to the level of the PAL emission
limitation.	Meets 40 CFR 51.165(f)(9)(iii)

		(4)  Any physical change or change in the method of operation at the
major stationary source will be subject to the nonattainment major NSR
requirements if such change meets the definition of major modification
in 20.2.79.7 NMAC.	Meets 40 CFR 51.165(f)(9)(iv)

		(5)  The major stationary source owner or operator shall continue to
comply with any New Mexico or federal applicable requirements (BACT,
RACT, NSPS, etc.) that may have applied either during the PAL effective
period or prior to the PAL effective period except for those emission
limitations that had been established pursuant to 20.2.79.109 NMAC, but
were eliminated by the PAL in accordance with the provisions in
Subparagraph (c) of Paragraph (3) of Subsection A of this section.	Meets
40 CFR 51.165(f)(9)(v)

	J.  Renewal of a PAL.	Meets 40 CFR 51.165(f)(10)

		(1)  The department shall follow the procedures specified in
Subsection E of this section in approving any request to renew a PAL for
a major stationary source, and shall provide both the proposed PAL level
and a written rationale for the proposed PAL level to the public for
review and comment. During such public review, any person may propose a
PAL level for the source for consideration by the department.	Meets 40
CFR 51.165(f)(10)(i)

		(2)  Application Deadline. A major stationary source owner or operator
shall submit a timely application to the department to request renewal
of a PAL. A timely application is one that is submitted at least 6
months prior to, but not earlier than 18 months from, the date of permit
expiration. This deadline for application submittal is to ensure that
the permit will not expire before the permit is renewed. If the owner or
operator of a major stationary source submits a complete application to
renew the PAL within this time period, then the PAL shall continue to be
effective until the revised permit with the renewed PAL is issued.	Meets
40 CFR 51.165(f)(10)(ii)

		(3)  Application Requirements. The application to renew a PAL permit
shall contain the following information:

			(a)  The information required in Paragraphs (1) through (c) of
Subsection C of this section. 

			(b)  A proposed PAL level. 

			(c)  The sum of the potential to emit of all emissions units under
the PAL, with supporting documentation . 

			(d)  Any other information the owner or operator wishes the
department to consider in determining the appropriate level for renewing
the PAL.	Meets 40 CFR 51.165(f)(10)(iii)

  SEQ CHAPTER \h \r 1 		(4)  PAL Adjustment. In determining whether and
how to adjust the PAL, the department shall consider the options
outlined in Subparagraph (a) of this paragraph. However, in no case may
any such adjustment fail to comply with Subparagraph (b) of this
paragraph. 	Meets 40 CFR 51.165(f)(10)(iv)

			(a)  If the emissions level calculated in accordance with Subsection
F of this section is equal to or greater than 80 percent of the PAL
level, the department may:

				(i)  renew the PAL at the same level without considering the factors
set forth in Subparagraph (b) of this paragraph. 

				(ii)  set the PAL at a level that it determines to be more
representative of the source's baseline actual emissions, or that it
determines to be appropriate considering air quality needs, advances in
control technology, anticipated economic growth in the area, desire to
reward or encourage the source's voluntary emissions reductions, or
other factors as specifically identified by the department in its
written rationale.	Meets 40 CFR 51.165(f)(10)(iv)(A)

			(b)  Notwithstanding Subparagraph (a) of this paragraph: 

				(i)  if the potential to emit of the major stationary source is less
than the PAL, the administrative authority shall adjust the PAL to a
level no greater than the potential to emit of the source; and 

				(ii)  the department shall not approve a renewed PAL level higher
than the current PAL, unless the major stationary source has complied
with the provisions of  Subsection K of this section (increasing a PAL).
Meets 40 CFR 51.165(f)(10)(iv)(B)

		(5)  If the compliance date for a state or federal requirement that
applies to the PAL source occurs during the PAL effective period, and if
the department has not already adjusted for such requirement, the PAL
shall be adjusted at the time of PAL permit renewal or title V permit
renewal, whichever occurs first.	Meets 40 CFR 51.165(f)(10)(v)

	K.  Increasing a PAL during the PAL Effective Period.	Meets 40 CFR
51.165(f)(11)

		(1)  The department may increase a PAL emission limitation only if the
major stationary source complies with the following provisions.	Meets 40
CFR 51.165(f)(11)(1)

			(a)  The owner or operator of the the major stationary source  shall
submit a complete application to request an increase in the PAL limit
for a PAL major modification. Such application shall identify the
emissions units contributing to the increase in emissions so as to cause
the major stationary source's emissions to equal or exceed its PAL.
Meets 40 CFR 51.165(f)(11)(1)(A)

			(b)  As part of this application, the major stationary source owner
or operator shall demonstrate that the sum of the baseline actual
emissions of the small emissions units, plus the sum of the baseline
actual emissions of the significant and major emissions units assuming
application of BACT equivalent controls, plus the sum of the allowable
emissions of the new or modified emissions units, exceeds the PAL. The
level of control that would result from BACT equivalent controls on each
significant or major emissions unit shall be determined by conducting a
new BACT analysis at the time the application is submitted, unless the
emissions unit is currently required to comply with a BACT or LAER
requirement that was established within the preceding 10 years. In such
a case, the assumed control level for that emissions unit shall be equal
to the level of BACT or LAER with which that emissions unit must
currently comply.	Meets 40 CFR 51.165(f)(11)(1)(B)

			(c)  The owner or operator obtains a major NSR permit for all
emissions units identified in Subsection (a) of this paragraph,
regardless of the magnitude of the emissions increase resulting from
them (that is, no significant levels apply). These emissions units shall
comply with any emissions requirements resulting from the nonattainment
major NSR program process (for example, LAER), even though they have
also become subject to the PAL or continue to be subject to the PAL.
Meets 40 CFR 51.165(f)(11)(1)(C)

			(d)  The PAL permit shall require that the increased PAL level shall
be effective on the day any emissions unit that is part of the PAL major
modification becomes operational and begins to emit the PAL pollutant.
Meets 40 CFR 51.165(f)(11)(1)(D)

		(2)  The department shall calculate the new PAL as the sum of the
allowable emissions for each modified or new emissions unit, plus the
sum of the baseline actual emissions of the significant and major
emissions units (assuming application of BACT equivalent controls as
determined in accordance with Subparagraph (b) of Paragraph (1) of
Subsection K of this section) plus the sum of the baseline actual
emissions of the small emissions units.	Meets 40 CFR 51.165(f)(11)(2)

		(3)  The PAL permit shall be revised to reflect the increased PAL
level pursuant to the public notice requirements of Subsection E of this
section.	Meets 40 CFR 51.165(f)(11)(2)

	L.  Monitoring Requirements for PALs.	Meets 40 CFR 51.165(f)(12)

		(1)  General Requirements.	Meets 40 CFR 51.165(f)(12)(i)

			(a)  Each PAL permit must contain enforceable requirements for the
monitoring system that accurately determines plantwide emissions of the
PAL pollutant in terms of mass per unit of time. Any monitoring system
authorized for use in the PAL permit must be based on sound science and
meet generally acceptable scientific procedures for data quality and
manipulation. Additionally, the information generated by such system
must meet minimum legal requirements for admissibility in a judicial
proceeding to enforce the PAL permit.	Meets 40 CFR 51.165(f)(12)(i)(A)

			(b)  The PAL monitoring system must employ one or more of the four
general monitoring approaches meeting the minimum requirements set forth
in Subparagraphs (a) through (d) of Paragraph (2) of this subsection and
must be approved by the department.	Meets 40 CFR 51.165(f)(12)(i)(B)

			(c)  Notwithstanding Paragraph (b) of this paragraph, you may also
employ an alternative monitoring approach that meets Paragraph (a) if
approved by the department.	Meets 40 CFR 51.165(f)(12)(i)(C)

			(d)  Failure to use a monitoring system that meets the requirements
of this section renders the PAL invalid.	Meets 40 CFR
51.165(f)(12)(i)(D)

  SEQ CHAPTER \h \r 1 		(2)  Minimum Performance Requirements for
Approved Monitoring Approaches. The following are acceptable general
monitoring approaches when conducted in accordance with the minimum
requirements in Paragraphs (3) through (9) of this subsection: 

			(a)  Mass balance calculations for activities using coatings or
solvents; 

			(b)  CEMS; 

			(c)   CPMS or PEMS; and 

			(d)  emission factors.	Meets 40 CFR 51.165(f)(12)(ii)

		(3)  Mass Balance Calculations. An owner or operator using mass
balance calculations to monitor PAL pollutant emissions from activities
using coating or solvents shall meet the following requirements: 

			(a)  provide a demonstrated means of validating the published content
of the PAL pollutant that is contained in or created by all materials
used in or at the emissions unit; 

			(b)  assume that the emissions unit emits all of the PAL pollutant
that is contained in or created by any raw material or fuel used in or
at the emissions unit, if it cannot otherwise be accounted for in the
process; and 

			(c)  where the vendor of a material or fuel, which is used in or at
the emissions unit, publishes a range of pollutant content from such
material, the owner or operator must use the highest value of the range
to calculate the PAL pollutant emissions unless the administrative
authority determines there is site-specific data or a site-specific
monitoring program to support another content within the range.	Meets 40
CFR 51.165(f)(12)(iii)

		(4)  CEMS. An owner or operator using CEMS to monitor PAL pollutant
emissions shall meet the following requirements: 

			(a)  CEMS must comply with applicable Performance Specifications
found in 40 CFR part 60, appendix B; and 

			(b)  CEMS must sample, analyze and record data at least every 15
minutes while the emissions unit is operating.	Meets 40 CFR
51.165(f)(12)(iv)

  SEQ CHAPTER \h \r 1 		(5)  CPMS or PEMS. An owner or operator using
CPMS or PEMS to monitor PAL pollutant emissions shall meet the following
requirements: 

			(a)  The CPMS or the PEMS must be based on current site-specific data
demonstrating a correlation between the monitored parameters and the PAL
pollutant emissions across the range of operation of the emissions unit;
and 

			(b)  Each CPMS or PEMS must sample, analyze, and record data at least
every 15 minutes, or at another less frequent interval approved by the
department, while the emissions unit is operating.	  SEQ CHAPTER \h \r 1
Meets 40 CFR 51.165(f)(12)(v)

  SEQ CHAPTER \h \r 1 		(6)  Emission Factors. An owner or operator
using emission factors to monitor PAL pollutant emissions shall meet the
following requirements: 

			(a)  all emission factors shall be adjusted, if appropriate, to
account for the degree of uncertainty or limitations in the factors'
development; 

			(b)  the emissions unit shall operate within the designated range of
use for the emission factor, if applicable; and 

			(c)  if technically practicable, the owner or operator of a
significant emissions unit that relies on an emission factor to
calculate PAL pollutant emissions shall conduct validation testing to
determine a site-specific emission factor within 6 months of PAL permit
issuance, unless the department determines that testing is not required.
  SEQ CHAPTER \h \r 1 Meets 40 CFR 51.165(f)(12)(vi)

		(7)  A source owner or operator must record and report maximum
potential emissions without considering enforceable emission limitations
or operational restrictions for an emissions unit during any period of
time that there is no monitoring data, unless another method for
determining emissions during such periods is specified in the PAL
permit.	Meets 40 CFR 51.165(f)(12)(vii)

		(8)  Notwithstanding the requirements in Paragraphs (3) through (7) of
this subsection, where an owner or operator of an emissions unit cannot
demonstrate a correlation between the monitored parameters and the PAL
pollutant emissions rate at all operating points of the emissions unit,
the administrative authority shall, at the time of permit issuance: 

			(a)  establish default values for determining compliance with the PAL
based on the highest potential emissions reasonably estimated at such
operating points; or 

			(b)  determine that operation of the emissions unit during operating
conditions when there is no correlation between monitored parameters and
the PAL pollutant emissions is a violation of the PAL.	Meets 40 CFR
51.165(f)(12)(viii)

		(9)  Revalidation. All data used to establish the PAL pollutant must
be re-validated through performance testing or other scientifically
valid means approved by the administrative authority. Such testing must
occur at least once every 5 years after issuance of the PAL.	Meets 40
CFR 51.165(f)(12)(ix)

	M.  Recordkeeping Requirements.	Meets 40 CFR 51.165(f)(13)

		(1)  The PAL permit shall require an owner or operator to retain a
copy of all records necessary to determine compliance with any
requirement of this Subsection and of the PAL, including a determination
of each emissions unit's 12-month rolling total emissions, for 5 years
from the date of such record.	Meets 40 CFR 51.165(f)(13)(i)

		(2)  The PAL permit shall require an owner or operator to retain a
copy of the following records for the duration of the PAL effective
period plus 5 years: 

			(a)  a copy of the PAL permit application and any applications for
revisions to the PAL; and 

			(b)  each annual certification of compliance pursuant to title V and
the data relied on in certifying the compliance.	Meets 40 CFR
51.165(f)(13)(ii)

	N.  Reporting and Notification Requirements. The owner or operator
shall submit semi-annual monitoring reports and prompt deviation reports
to the administrative authority in accordance with the applicable title
V operating permit program. The reports shall meet the following
requirements.	Meets 40 CFR 51.165(f)(14)

		(1)  Semi-Annual Report. The semi-annual report shall be submitted to
the administrative authority within 30 days of the end of each reporting
period. This report shall contain the following information.	Meets 40
CFR 51.165(f)(14)(i)

			(a)  the identification of owner and operator and the permit number.
Meets 40 CFR 51.165(f)(14)(i)(A)

			(b)  total annual emissions (tons/year) based on a 12-month rolling
total for each month in the reporting period recorded pursuant to
Paragraph (1) of Subsection M of this section.	Meets 40 CFR
51.165(f)(14)(i)(B)

			(c)  all data relied upon, including, but not limited to, any Quality
Assurance or Quality Control data, in calculating the monthly and annual
PAL pollutant emissions.	Meets 40 CFR 51.165(f)(14)(i)(C)

			(d)  a list of any emissions units modified or added to the major
stationary source during the preceding 6-month period.	Meets 40 CFR
51.165(f)(14)(i)(D)

			(e)  the number, duration, and cause of any deviations or monitoring
malfunctions (other than the time associated with zero and span
calibration checks), and any corrective action taken.	Meets 40 CFR
51.165(f)(14)(i)(E)

			(f)  a notification of a shutdown of any monitoring system, whether
the shutdown was permanent or temporary, the reason for the shutdown,
the anticipated date that the monitoring system will be fully
operational or replaced with another monitoring system, and whether the
emissions unit monitored by the monitoring system continued to operate,
and the calculation of the emissions of the pollutant or the number
determined by method included in the permit, as provided by Paragraph
(7) of Subsection L of this section.	Meets 40 CFR 51.165(f)(14)(i)(F)

			(g).  a signed statement by the responsible official (as defined by
the applicable title V operating permit program) certifying the truth,
accuracy, and completeness of the information provided in the report.
Meets 40 CFR 51.165(f)(14)(i)(G)

		(2)  Deviation Report. The major stationary source owner or operator
shall promptly submit reports of any deviations or exceedance of the PAL
requirements, including periods where no monitoring is available. A
report submitted pursuant to 40 CFR 70.6(a)(3)(iii)(B) shall satisfy
this reporting requirement. The deviation reports shall be submitted
within the time limits prescribed by the applicable program implementing
40 CFR 70.6(a)(3)(iii)(B). The reports shall contain the following
information: 

			(a)  the identification of owner and operator and the permit number; 

			(b)  the PAL requirement that experienced the deviation or that was
exceeded; 

			(c)  emissions resulting from the deviation or the exceedance; and 

			(d)  a signed statement by the responsible official (as defined by
the applicable title V operating permit program) certifying the truth,
accuracy, and completeness of the information provided in the report.
Meets 40 CFR 51.165(f)(14)(ii)

		(3)  Revalidation Results. The owner or operator shall submit to the
department the results of any re-validation test or method within 3
months after completion of such test or method.	Meets 40 CFR
51.165(f)(14)(iii)

  SEQ CHAPTER \h \r 1 	O.  Transition requirements. 

		(1)  No administrative authority may issue a PAL that does not comply
with the requirements of this Subsection after the administrator has
approved regulations incorporating these requirements into the State
Implementation Plan. 

		(2)  The administrative authority may supersede any PAL which was
established prior to the date of approval of the plan by the
Administrator with a PAL that complies with the requirements of this
Subsection.	  SEQ CHAPTER \h \r 1 Meets 40 CFR 51.165(f)(15)

[1/22/06]

	

APPENDIX B

20.2.2 NMAC – DEFINITIONS

TITLE 20	ENVIRONMENTAL PROTECTION

CHAPTER 2	AIR QUALITY

PART 2	DEFINITIONS

(Approved by EPA 09/26/97 (62 FR 50518) at 52.1620(c)(66) effective
11/25/97. Dates in brackets within the regulation are State effective
dates.)

20.2.2.1  100.	ISSUING AGENCY:  New Mexico Environmental Improvement
Board. 

[10-27-95; 20.2.2.1 NMAC – Rn, NMAC 2.100 10/31/02]

20.2.2.2  101. SCOPE:	The provisions of this Part shall apply to all New
Mexico regulations regarding air quality, and codified as 20.2.3 NMAC
through 20.2.99 NMAC 20 NMAC 2.3 through 20 NMAC 2.99. 

[10-27-95; 20.2.2.2 NMAC – Rn, NMAC 2.101 10/31/02]

20.2.2.3  102. STATUTORY AUTHORITY:  * * *

 [10-27-95; 20.2.2.3 NMAC – Rn, NMAC 2.102 10/31/02]

20.2.2.4  103. DURATION:  * * *

 [10-27-95; 20.2.2.4 NMAC – Rn, NMAC 2.103 10/31/02]

20.2.2.5  104. EFFECTIVE DATE:  * * *

 [10-27-95; 20.2.2.5 NMAC – Rn, NMAC 2.104 10/31/02]

20.2.2.6  105. OBJECTIVE:  To provide specific definitions for terms
used and not defined in air quality regulations 20.2.3 NMAC through
20.2.99 NMAC 20 NMAC 2.3 through 20 NMAC 2.99. 

[10-27-95; 20.2.2.6 NMAC – Rn, NMAC 2.105 10/31/02]

20.2.2.1  200. DEFINITIONS:  The following definitions apply to all
Parts of Title 20, Chapter 2 NMAC 20 NMAC Chapter 2.  

*          *          *          *          *

20.2.2.8  106. AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS:  * * *

20.2.2.9  107. DOCUMENTS:  Documents cited in this Part may be viewed at
the New Mexico Environment Department, Air Quality Bureau, Runnels
Building, 1190 Saint Francis Drive, Santa Fe, NM  87503 2048 Galisteo
St., Santa Fe, NM  87505]. 

[10-27-95; 20.2.2.1 NMAC – Rn, NMAC 2.2.107 10/31/02]

APPENDIX C

20.2.72 NMAC – CONSTRUCTION PERMITS

TITLE 20	ENVIRONMENTAL PROTECTION

CHAPTER 2	AIR QUALITY

PART 72	CONSTRUCTION PERMITS

(Approved by EPA 09/26/97 (62 FR 50518) at 52.1620(c)(66) effective
11/25/97. Dates in brackets within the regulation are State effective
dates.)

NOTE TO READER: In 40 CFR 52.1620(c)(66), subsection 52.1620(c)(i)(B)
approved by EPA on 09/26/97 (62 FR 50518), the statement "...72
(Subparts I, II, III; Subpart V Sections 501 and 502)..." should read
"...72 (Subparts I, II, III; Subpart V Sections 500 and 501)...". 
Section 500 is cited in the SIP-approved sections.  Section 502 is not
cited in the SIP-approved sections.  Section 502 is cited in Subpart IV
which was not approved by EPA.  Also, Sections 500 and 501 are in the
materials incorporated by reference (IBR'd).  Section 502 is not in the
IBR materials.

SUBPART I - GENERAL PROVISIONS

20.2.72.1  100. 	ISSUING AGENCY:  * * *

20.2.72.2  101.	SCOPE:  * * *

20.2.72.3  102. 	STATUTORY AUTHORITY:   * * *

20.2.72.4  103. 	DURATION:  * * *

[11-30-95, 8-2-96]

20.2.72.5  104. 	EFFECTIVE DATE:   * * *

20.2.72.6  105. 	OBJECTIVE * * *

20.2.72.7  106. 	AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS:  * * *

[11-30-95]	

20.2.72.3  107. 	DEFINITIONS:  In addition to the terms defined in
20.2.2 NMAC (Definitions) Part 2 - Definitions, as used in this Part: 
[11-30-95]	

	A.  through B.  	

	C.  A.   through G. E.   

	H.  “Conflict of interest,” 

	I.  F.   through M. K. 

	N.  “Interested person,” 

	O. L.  through X. U.  

	Y.  V.   "Potential emission rate" means the emission rate of a source
at its maximum capacity to emit a regulated air contaminant under its
physical and operational design, provided any physical or operational
limitation on the capacity of the source to emit a regulated air
contaminant, including air pollution control equipment and restrictions
on hours or operation or on the type and amount of material combusted,
stored or processed, shall be treated as part of its physical and
operational design only if the limitation or the effect it would have on
emissions is enforceable by the department pursuant to the Air Quality
Control Act of the Federal Act. in the absence of air pollution control
equipment which is not vital to production of the normal product of the
source or to its normal operation.  The determination of maximum
capacity includes any federally enforceable physical or operational
limitation on the capacity of the source.

	Z.  “Qualified outside firm” 

	AA.  W.  through EE. AA 

	

[11-30-95; 20.2.72.7 NMAC – Rn, 20 NMAC 2.72.107 02/02/01; A,
03/30/01; A, 02/18/02]

*          *          *          *          *

SUBPART II - PERMIT PROCESSING AND REQUIREMENTS

20.2.72.200  200.   APPLICATION FOR CONSTRUCTION, MODIFICATION, NSPS,
AND NESHAP - PERMITS AND REVISIONS:	

*          *         *         *         *

20.2.72.201.   NEW SOURCE REVIEW COORDINATION:    In cases where the
new source review requirements of either 20.2.74 NMAC, 20.2.79 NMAC,
20.2.78 NMAC, 20.2.79 NMAC, or 20.2.83 NMAC (Construction or
Modifications of Major Sources of Hazardous Air Pollutants), Part 74,
79, 77, 78, or Part 83, Construction or Modifications of Major Sources
of Hazardous Air Pollutants apply to a new stationary source or
modification in addition to this Part, the following provisions apply:	

	A.   Only one permit application shall be submitted.  The applicant
shall submit a sufficient number of copies to meet the requirement of
the applicable Part which requires the most copies;	

	B.   The application shall be ruled administratively complete when
information required by all applicable regulations has been submitted;	

	C.   Definitions and requirements of each applicable Part regulation
are applied separately and do not supersede each other; and	

	D.   After the requirements of all applicable regulations are met, only
one permit shall be issued.  

[11-30-95; A, 1/1/00]	

*          *         *         *         *

20.2.72.203  203. CONTENTS OF APPLICATIONS:

	A.  The requirements of this Section may be modified by the Department,
as appropriate, for emergency permits processed under Section 215.  Any
person seeking a permit under Subsection A of 20.2.72.200 NMAC Section
200.A of this Part shall do so by filing a written application with the 
Department.  The applicant shall submit the number of at least five (5)
copies of the permit application specified in the applicable application
form.  The items of this Section, if requested on the applicable
application form, are required before the Department may deem an
application administratively complete.  The items may be modified by the
Department as appropriate, for emergency permits processed under
20.2.72.215 NMAC.  All applications shall, as required by the
Department:	

		(1)   Be filled out made on the form(s) forms furnished by the
Department;	

		(2)   State the applicant's name and address, together with the names
and addresses of all owners or operators of the source, and the
applicant's state of incorporation or principal registration to do
business;	

		(3)   State the date of the application;	

		(3) (4)  Provide all information, including all calculations and
computations, to describe the specific chemical and physical nature and
to estimate the maximum quantities of any regulated air contaminants the
source will emit after construction, modification or installation is
completed, through routine operations after construction, modification
or installation is completed, and all information, including all
calculations and computations reasonably necessary to estimate maximum
potential emissions during malfunction, startup, shutdown.  With respect
to a toxic air pollutant as defined by Subsection H of 20.2.72.401 NMAC
Section 401.H this requirement only applies when the toxic air pollutant
is emitted in such a manner that a permit is required under the
provisions of 20.2.72.400 NMAC – 20.2.72.499 NMAC Subpart IV; 	

		(4)  Contain a regulatory compliance discussion demonstrating
compliance with each air quality regulation, ambient air quality
standard, prevention of significant deterioration increment, and
provision of 20.2.72.400 NMAC – 20.2.72.499 NMAC.  The discussion must
include an analysis, which may require use of US EPA- approved air
dispersion model(s), to (1) demonstrate that emissions from routine
operations will not violate any New Mexico or National Ambient Air
Quality Standard or prevention of significant deterioration increment,
and (2) if required by 20.2.72.400 NMAC – 20.2.72.499 NMAC, estimate
ambient concentrations of toxic air pollutants.

		(5)  Demonstrate through submission of US EPA approved modeling or
analysis, including all pertinent calculations and computations, that
emissions from routine operations will not violate any NSPS, NESHAP,
regulation adopted by the board under the Air Quality Control Act, any
New Mexico or National Ambient Air Quality Standard, or prevention of
significant deterioration increment;	

		(5)  (6)   Provide a preliminary operational plan defining the
measures to be taken to mitigate source emissions during malfunction,
startup or shutdown;	

		(6)  Include a topographical map, at least as detailed as 

		7.   Be accompanied by: 

		a.   A map, such as the 7.5 minute Topographic Quadrangle map
published by the United States Geological Survey, or the most detailed
map available showing the exact location and geological coordinates of
the proposed construction, modification or installation of the source; 	

		(7) b.   Include a A process flow sheet, including a material balance,
and a site diagram of all components and locations of emissions to the
atmosphere of the facility which would be involved in routine operations
and emissions;	

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

		(9) d.   Include a A description of the equipment or methods proposed
by the applicant to be used for emission measurement; and 	

		(10) 8.   State the maximum and standard operating schedules of the
source after completion of construction, modification or installation or
after permit revision in terms of which and how many hours per day, days
per week, days per month and days per year;	

		(11) 9.   Contain such other specifically identified relevant
information as the Department may reasonably require; and	

		(12) 10.   Be notorized and signed under oath or affirmation by the
operator, the owner or an authorized representative, certifying, to the
best of his or her knowledge the truth of all information in the
application and addenda, if any.	

		(13)   through (15) 

	B.   through E. 

*          *          *          *          *

20.2.72.216  216.   NONATTAINMENT AREA REQUIREMENTS:	

	A.   The requirements of this Section apply to:

		(1)   a new source or modification of an existing source that which
will emit a regulated air contaminant such that the ambient impact of
the contaminant would exceed the significant ambient concentration in
20.2.72.500 NMAC Section 500, table 1 at any location that does not meet
the New Mexico Ambient Air Quality Standard for the contaminant; or	

		(2)   a new source or modification of an existing source that which is
not a major stationary source or major modification as defined in
20.2.79 NMAC Part 79 and which will emit a regulated air contaminant
such that the ambient impact of the contaminant would exceed the
significant ambient concentration in table 1 at any location that does
not meet the National Ambient Air Quality Standard for the contaminant. 


		(3)  an existing source that does not propose an increase in emissions
and that will emit a regulated air contaminant such that the ambient
impact of the contaminant would exceed the significant ambient
concentration in 20.2.72.500 NMAC, table 1 at any location that does not
meet the National Ambient Air Quality Standard for the contaminant.  

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

		(1)   obtaining emission offsets for proposed emissions in an amount
greater than one-to-one such that a net air quality benefit will occur;
and	

		(2)   ensuring emission offsets are quantifiable, enforceable, and
permanent by meeting the following sections of 20.2.79 NMAC Part 79:	

			a.   20.2.79.114 NMAC (emission offset baseline)  Section 114 -
Emission Offset Baseline

			b.   20.2.79.115 NMAC (emission offsets)  Section 115 - Emission
Offsets

			c.   20.2.79.117 NMAC (air quality benefit)  Section 117 - Air
Quality Benefit 

[11-30-95; 20.2.72.216 NMAC – Rn, 20 NMAC 20.72.II.216, 2/2/01; A
9/6/06]

*          *          *          *          *

APPENDIX D

20.2.80 NMAC – STACK HEIGHTS

TITLE 20   ENVIRONMENTAL PROTECTION

CHAPTER 2 	 AIR QUALITY (STATEWIDE)

PART 80  STACK HEIGHTS

(Approved by EPA 09/26/97 (62 FR 50518) at 52.1620(c)(66) effective
11/25/97. Dates in brackets within the regulation are State effective
dates.)

20.2.80.1  100.	ISSUING AGENCY:  Environmental Improvement Board.  

[11-30-95; 20.2.80.1 NMAC - Rn, 20 NMAC 2.80.100 10/31/02]

20.2.80.2  101.	SCOPE:  All persons who own or operate a source or who
intend to construct or modify a source.  

[11-30-95; 20.2.80.2 NMAC - Rn, 20 NMAC 2.80.101 10/31/02]

20.2.80.3  102. 	STATUTORY AUTHORITY:     Environmental Improvement
Act, NMSA 1978, Section 74-1-8(A)(4), and Air Quality Control Act, NMSA
1978, Sections 74-2-1 et seq., including specifically, Section 74-2-7.
  

[11-30-95; 20.2.80.3 NMAC - Rn, 20 NMAC 2.80.102 10/31/02]

20.2.80.4  103. 	DURATION:  Permanent. 

[11-30-95; 20.2.80.4 NMAC - Rn, 20 NMAC 2.80.103 10/31/02]

20.2.80.5  104. 	EFFECTIVE DATE:   November 30, 1995. 

[11-30-95; 20.2.80.5 NMAC - Rn, 20 NMAC 2.80.104 10/31/02]

20.2.80.6  105. 	OBJECTIVE:  The objective of this Part is to establish
requirements for the evaluation of stack heights and other dispersion
techniques in permitting decisions. 

[11-30-95; 20.2.80.6 NMAC - Rn, 20 NMAC 2.80.105 10/31/02]

20.2.80.8  106. 	AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS:  This
Part amends and supersedes Air Quality Control Regulation ("AQCR") 710,
- Stack Height Requirements, last filed March 15, 1988, as amended. 

All references to AQCR 710 in any other rule shall be construed as a
reference to this Part.

The amendment and supersession of AQCR 710 shall not affect any
administrative or judicial enforcement action pending on the effective
date of such amendment nor the validity of any permit issued pursuant to
AQCR 710. 

[11-30-95; 20.2.80.8 NMAC - Rn, 20 NMAC 2.80.106 10/31/02]

20.2.80.7  107. 	DEFINITIONS:  In addition to the terms defined in
20.2.2 NMAC (Definitions), Part 2 - Definitions, the definitions in 40
CFR Sections 51.100(z) and (ff)-(kk) (1987) are hereby incorporated as
state regulations and, as used in this Part:  "Part" means an air
quality control regulation under Title 20, Chapter 2 of the New Mexico
Administrative Code, unless otherwise noted; as adopted or amended by
the Board. 

[11-30-95; 20.2.80.7 NMAC - Rn, 20 NMAC 2.80.107 10/31/02]

20.2.80.9  108. 	DOCUMENTS:     Documents cited in this Part may be
viewed at the New Mexico Environment Department, Air Quality Bureau,
Harold Runnels Building, 1190 Saint Francis Drive, Santa Fe, NM  87505.


[11-30-95; 20.2.80.7 NMAC - Rn, 20 NMAC 2.80.108 10/31/02]

20.2.80.10 to 20.2.80.108  [RESERVED]

20.2.80.109  109. 	NEW SOURCES OR MODIFIED EXISTING SOURCES: Except as
otherwise provided, in evaluating air quality impacts for a proposed new
source or modification of an existing source requiring a permit pursuant
to 20.2.72 NMAC Part 72 – (Construction Permits); 20.2.74 NMAC Part 74
(Prevention of Significant Deterioration (PSD)); or 20.2.79 NMAC Part 79
– (Permits - Nonattainment Areas), the Department shall give no credit
for reductions in emissions due to the length of a source's stack height
that exceeds good engineering practice or due to any other dispersion
technique. 

[11-30-95; 20.2.80.109 NMAC - Rn, 20 NMAC 2.80.109 10/31/02]

20.2.80.110  110. 	EXISTING STACKS:  The provisions of 20.2.80.109 NMAC
Section 109 shall not apply to:

Stack heights in existence or dispersion techniques implemented on or
before December 31, 1970, except where air contaminants are being
emitted from such stacks or using such dispersion techniques by sources,
as defined in section 111 (a)(3) of the Federal Act, which were
constructed, or reconstructed, or for which major modifications, as
defined in 40 CFR Sections 51.165(a)(1)(v)(A), 51.166(b)(2)(i) and
52.21(b)(2)(i), were carried out after December 31, 1970; or

Coal-fired steam electric generating units subject to the provisions of
Section 118 of the Federal Act, which commenced operation before July 1,
1957, and whose stacks were constructed under a contract awarded before
February 8, 1974.  

[11-30-95; 20.2.80.110 NMAC - Rn, 20 NMAC 2.80.110 10/31/02]

20.2.80.111 111. 	DEMONSTRATION STUDY:

	A.	Notification.  Before the Department issues a permit, pursuant to
20.2.72 NMAC, 20.2.74 NMAC, or 20.2.79 NMAC, Parts 72, 74, or 79, which
contains a new or revised emission limitation that is based on a good
engineering stack height that exceeds the height allowed by 40 CFR Part
51 Section 51.100(ii) (1) or (2) (1987), the Department shall notify the
public of the availability of the demonstration study.  Such notice
shall be given in the manner specified in the applicable regulation for
the permit application.  Interested parties shall have thirty (30) days
from the date of the notice to submit comments on the demonstration and
to request a public hearing.  

	B.   Public Hearing.  If the Secretary determines there is
significant public interest, he shall hold a public hearing.  If a
public hearing is held, the Department shall give notice of the time,
date, and place of the hearing. The hearing shall be held within
forty-five (45) days of the notice.  The hearing may be combined with
any other public hearing to be held on the permit application.  

	C.   Final Determination.     After the hearing, the Department
shall make its final decision on the new or revised emission limitation.
 

[11-30-95; 20.2.80.111 NMAC - Rn, 20 NMAC 2.80.111 10/31/02]

20.2.80.112 112. 	VARIANCES:  Because sources subject to the federal
stack height regulation cannot be granted variances from that
requirement, the requirements of this Part shall not be subject to
Section 74-2-8 NMSA 1978.  

[11-30-95; 20.2.80.111 NMAC - Rn, 20 NMAC 2.80.112 10/31/02]

 Appendix B contains a comparison between the NMED current version of
20.2.2 NMAC (as it currently exists in the State rules) and the current
SIP.  The cross-referenced definitions in 20.2.2 NMAC are substantively
identical to the definitions in the current SIP (currently approved as
Part 2 of Chapter 2 of Title 20).

A cross referenced provision, 20.2.72.203.A NMAC (currently approved as
Paragraph A in section 203 of part 72 under Title 20, Chapter 2),
contains the elements that must be submitted in all permit applications
for it to be “complete.”  Appendix C contains a comparison between
the NMED current version of 20.2.72.203.A NMAC (as it currently exists
in the State rules) and the current SIP.  

	Currently, 20.2.72.203.A NMAC contains each of the elements for a
complete application which has only non-substantive changes from the
current SIP.  It also contains additional completeness criteria that
strengthen the current SIP.  Accordingly, New Mexico retains the minimum
requirements for determining whether an application that is complete
meets the Federal requirements.

 Appendix C contains a comparison between the NMED current version of
20.2.72.201.B NMAC (as it currently exists in the State rules) and the
current SIP.  

 20.2.203.B NMAC contains provisions relating to public notice for all
permits.  Later revisions to this provision relate to minor NSR permits
and do not apply to PSD permits.

 The public participation provisions in 20.2.72 NMAC differ from the
public participation provisions in 20.2.74.400 NMAC.  However, the
provisions of 20.2.72 NMAC that relate to public participation (see
20.2.72.219 – Public Notice and Participation) apply generally to all
preconstruction permits and are tailored to the NMED’s minor NSR
program.  The provisions of 20.2.74.400 NMAC apply specifically to major
stationary sources and major modifications that are subject to PSD and
specifically require such projects to be subject to public notice and
participation.  The requirements of 20.2.74.400 NMAC are currently
approved in the SIP with non-substantive changes and continue to meet
the public participation requirements of 40 CFR 51.166(q) and 51.161.

Appendix C contains a comparison between the NMED current version of
20.2.80 NMAC (as it currently exists in the State rules) and the current
SIP.  

 Appendix B contains a comparison between the NMED current version of
20.2.2 NMAC (as it currently exists in the State rules) and the current
SIP.  

 Appendix C contains a comparison between the NMED current version of
20.2.72.203 NMAC (as it currently exists in the State rules) and the
current SIP.  

 This refers to 40 CFR 51.165(a)(3)(C) as it existed in the CFR in July
1, 2005 CFR.  The revisions to 40 CFR 51.165(a)(3)(C) that were
published November 29, 2005 (70 FR 71611), became effective January 30,
2006, after New Mexico had adopted the provisions for NSR Reform. 
States must submit SIP revisions implementing the November 29, 2005,
changes no later than June 15, 2007.  See 70 FR 71683.

 Appendix C contains a comparison between the NMED current version of
20.2.72.216 NMAC (as it currently exists in the State rules) and the
current SIP.  

 20.2.203.B NMAC contains provisions relating to public notice for all
permits.  Later revisions to this provision relate to minor NSR permits
and do not apply to NNSR permits.

 The public participation provisions in 20.2.72 NMAC differ from the
public participation provisions in 20.2.79.118 NMAC.  However, the
provisions of 20.2.72 NMAC that relate to public participation (see
20.2.72.219 – Public Notice and Participation) apply generally to all
preconstruction permits and are tailored to the NMED’s minor NSR
program.  The provisions of 20.2.79.118 NMAC apply specifically to major
stationary sources and major modifications that are subject to
nonattainment NSR and specifically require such projects to be subject
to public notice and participation.  The requirements of 20.2.79.118
NMAC are currently approved in the SIP with non-substantive changes and
continue to meet the public participation requirements of 40 CFR 51.161.
 (In addition, the public participation requirements in 20.2.79.118 NMAC
also contain the same public participation provisions consistent with
the public participation requirements in 40 CFR 51.166(q)).

 Part 2 is cross-referenced in 20.2.74.7 NMAC and 20.2.79.7 NMAC.  All
definitions in this Part are substantively the same as the existing SIP.
 

 All defined terms are substantively the same as the current SIP.  The
only changes are non-substantive change to redesignate Paragraphs BB –
JJ to Paragraphs AB – AJ respectively.

 Part 72 is cross-referenced in 20.2.74.7 NMAC and 20.2.79.7 NMAC.  All
provisions in this Part are substantively the same as the existing SIP. 


NOTE:  In this annotation, only the provisions that are cross-referenced
in or necessary to implement 20.2.74.7 NMAC and 20.2.79.7 NMAC are shown
below.

 Definitions are cross-referenced in 20.2.74.7 NMAC and 20.2.79 NMAC. 
Subsequent revisions include new terms that are not relevant to
20.2.74.7 NMAC and 20.2.79 NMAC or non-substantive.

 ¶s A & B.  New Definitions.  Not applicable to 20.2.74 NMAC and
20.2.79 NMAC.

 ¶s C-G.  Non-substantive change.

 ¶ H.  New Definition.  Not applicable to 20.2.74 NMAC and 20.2.79
NMAC.

 ¶ I-M.  Non-substantive change.

 ¶ N.  New Definition.  Not applicable to 20.2.74 NMAC and 20.2.79
NMAC.

 ¶ O-X.  Non-substantive change.

 ¶Y.  Revised definition comparable the Federal definition of
“potential to emit” at 40 CFR 51.165(a)(1)(iii) and 51.166(b)(3). 
Furthermore, the term “potential to emit” is defined consistent with
Federal regulations in 20.2.74.7AN and 20.2.79.7AE.  These definitions
would apply to PSD/NNSR rather that this definition of “potential
emissions reta” which applies to sources subject to minor NSR.

 ¶s Z.  New Definition.  Not applicable 20.2.74 NMAC and 20.2.79 NMAC.

 ¶s AA-EE.  Non-substantive change.

 This Section is cross-referenced in 2.2.74.400.  The cross-referenced
provision is substantively equivalent to the current SIP.

 For PSD permits, the cross-reference to “all applicable
regulations” refers to 20.2.74 NMAC and 20.2.72.203.

 Paragraph A is cross referenced in 20.2.79.111 (and indirectly
cross-referenced in 20.2.74.400 NMAC.  ¶s (1) – (2), and (5) – (12)
are substantively the same as the current SIP.  Paragraph A retains in
substantially equivalent form the provisions in the existing SIP. 
Subsequent revisions include additional requirements that either improve
the State program, or are not relevant to the implementation of 20.2.74
NMAC and 20.2.79 NMAC.

 The cross-referenced provision is substantively equivalent to the
current SIP. 

 Removal is non-substantive.  Date of application is inherently included
in the permit application.

 Cross-reference same as existing SIP. The cross-referenced provision is
not in current SIP.

 Cross-reference same as existing SIP. The cross-referenced provisions
are not in current SIP.

 A new Paragraph was added.  The cross-referenced 20.2.72.400 NMAC –
20.2.72.499 NMAC are not in current SIP. 

 This sentence incorporates the relevant requirements for air quality
analysis that were previously located in the former Paragraph (5).  This
provision continues to meet the provisions in 40 CFR 51.160(f) which
addressed air quality impacts.  The provisions in 20.2.74.303 NMAC –
Ambient Impact Requirements, and 20.2.74.305 NMAC – Ambient Air
Quality Modeling, provide additional requirements concerning determining
air quality impacts for PSD permits that meet the requirements in 40 CFR
51.166(k) and (l).

 Paragraph (5) was removed.  The provisions of former Paragraph (5) are
now reorganized in the new Paragraph (4).

 New ¶s (13)-(15) are added. The new ¶s improve the existing State
program.

 ¶s B – E are not cross-referenced in 20.2.74 NMAC and 20.2.79 NMAC.

 This provision is cross-referenced in 20.2.79.116 NMAC.  ¶s (A),
(A)(1) –(2), (B), and (B)(1) – (2)  are substantively the same as
the current SIP.

 New ¶ is added.  It serves to improve the existing rule.

 Part 80 is cross-referenced in 20.2.74.401 NMAC.  These rules are
substantively the same as the existing SIP.  

TECHNICAL SUPPORT DOCUMENT

SIP REVISIONS SUBMITTEDAPRIL 11, 2002, AND DECEMBER 29, 2005 – STATE
OF NEW MEXICO NSR RULE REVISIONS

Page   PAGE  71 

