N.M. Code R. § 20.11.41.2 - SCOPE

20.11.41 NMAC applies to every person who intends to construct, operate, modify, relocate or make a technical revision to a source that is subject to 20.11.41 NMAC or who has authority to operate a source that triggers the emission thresholds in Subsection B of 20.11.41.2 NMAC, except as otherwise provided.

A. Applicability: Every stationary source subject to 20.11.41 NMAC shall obtain an air quality construction permit from the department as required by 20.11.41 NMAC before:

(1) commencing construction of a new stationary source;

(2) operating a stationary source that was required by 20.11.41 NMAC to obtain a construction permit before commencing construction or modification, but the stationary source has no active construction permit; or

(3) modification of a stationary source.

B. Emission thresholds that require a construction permit before commencing construction, modification or operation of a stationary source subject to 20.11.41 NMAC:

(1) If a person proposes to construct or operate a new stationary source that will emit one or more regulated air contaminants for which a federal, state or board ambient air quality standard exists and if the source will emit, when calculated at the contaminant's potential emission rate, 10 pounds per hour or more or 25 tons per year or more of any single regulated air contaminant, then the person shall apply for and obtain a construction permit as required by 20.11.41 NMAC before the person commences construction or operation of the source.

(2) If a person proposes a modification of a stationary source and the modification will emit one or more regulated air contaminants for which a federal, state or board ambient air quality standard exists, and if, as a result of the modification, all activities at the source will emit, when calculated at the contaminant's potential emission rate, 10 pounds per hour or more or 25 tons per year or more of a regulated air contaminant, then the person shall apply for and obtain a construction permit or permit modification as required by 20.11.41 NMAC before the person commences construction or operation.

(3) If a person proposes to construct a new stationary source or proposes a modification of a stationary source permit, and if the source will emit, when calculated at the air contaminant's potential emission rate, two tons per year or more of a single hazardous air pollutant (HAP) as defined by Section 112(b) of the federal Clean Air Act, or five tons or more per year of any combination of HAP, then the proposed or existing source shall apply for and obtain a construction permit or construction permit modification as required by 20.11.41 NMAC before the person commences construction.

(4) If a stationary source was not required to obtain a construction permit pursuant to 20.11.41 NMAC because the source was operating before August 31, 1972, and if operations of the source have ceased for five or more consecutive years, and if an air contaminant proposed to be emitted by the source triggers the emission thresholds in Paragraphs (1) or (3) of Subsection B of 20.11.41.2 NMAC, then the owner or operator of the source shall apply for and obtain a construction permit as required by 20.11.41 NMAC before the person constructs, modifies or operates the source.

(5) If a person proposes to construct a new stationary source or proposes to modify an existing stationary source and if the source will emit, when calculated at the contaminant's potential emission rate, five tons per year or more of lead (Pb) or any combination of lead and its compounds, then the person shall apply for and obtain a construction permit or construction permit modification as required by 20.11.41 NMAC before the person commences construction, modification or operation.

(6) If a stationary source was constructed after August 31, 1972 and the source is subject to an existing or new board regulation that includes an equipment emission limitation, the source shall apply for and obtain a construction permit or construction permit modification as required by 20.11.41 NMAC.

C. Source classifications; source types: If a person proposes to construct a new stationary source, modify an existing stationary source, construct a portable or temporary stationary source, or proposes a technical permit revision and any of the following conditions apply, the person shall apply for and obtain a construction permit, a construction permit modification or technical permit revision approval pursuant to 20.11.41 NMAC before commencing construction or modification of:

(1) any equipment or process that is subject or becomes subject to 20.11.63 NMAC, New Source Performance Standards for Stationary Sources, or 20.11.64 NMAC, Emission Standards for Hazardous Air Pollutants for Stationary Sources;

(2) any stationary source that meets the applicability requirements of 20.11.41 NMAC; however, if the source is also a major stationary source or a major modification as defined in 20.11.60 NMAC, Permitting in Nonattainment Areas, then the source shall in addition be subject to 20.11.60 NMAC;

(3) any stationary source that meets the applicability requirements of 20.11.41 NMAC; however, if the source is also a major stationary source or a major modification as defined in 20.11.61 NMAC, Prevention of Significant Deterioration, then the source shall in addition be subject to 20.11.61 NMAC; and

(4) a major source of HAP as defined in 40 CFR Part 63.

D. Sources that become subject to new NSPS or NESHAP: If a person is operating a source that becomes subject to a new NSPS or NESHAP, the person shall apply for and obtain a construction permit as required by 20.11.41 NMAC.

E. Additional permit requirements:

(1) If a source includes more than one unit, the department may require a separate construction permit or permit conditions for each unit that is not substantially interrelated with another unit. A common connection leading to ductwork, pollution control equipment or a single stack shall not, by itself, constitute a substantial interrelationship.

(2) Although more than one air quality regulation adopted by the board may apply to a stationary source, including 20.11.39, 20.11.40, 20.11.60, 20.11.61, 20.11.63, and 20.11.64 NMAC, nothing in 20.11.41 NMAC shall be construed to require more than one permit application for each unit proposed for construction or modification. Definitions and provisions included in specific federal program regulations shall apply to permit review of any regulated air contaminant and source regulated by the federal NSPS, NESHAP, prevention of significant deterioration, visibility or nonattainment requirements.

(3) For all sources subject to 20.11.41 NMAC, applications for permits shall be filed before commencement of construction, modification, relocation or technical revision. Regardless of the anticipated commencement date, no construction, modification, relocation or revision shall commence before the owner or operator has received a permit or written approval from the department.

F. Exemptions:

(1) 20.11.41 NMAC does not apply to sources within Bernalillo county that are located on Indian lands over which the Albuquerque-Bernalillo county air quality control board lacks jurisdiction.

(2) The following sources and activities shall not be reported in the permit application. Emissions from such activities shall not be included in the calculation of the facility-wide potential emission rate under Paragraphs (1)-(5) of Subsection B and Subsection C of 20.11.41.2 NMAC. The following activities may be commenced or changed without a permit or permit modification under 20.11.41 NMAC if the emissions and activities are not subject to any requirement under a local board regulation, the New Mexico Air Quality Control Act, NMSA 1978, NSPS or NESHAP:

(a) activities which occur strictly for maintenance of grounds or buildings, including: lawn care, pest control, grinding, cutting, welding, painting, woodworking, sweeping, general repairs, janitorial activities, and building roofing operations;

(b) activities for maintenance of equipment or pollution control equipment, either inside or outside of a building, including cutting, welding, painting and grinding;

(c) exhaust emissions from forklifts, courier vehicles, front end loaders, graders, carts, and maintenance trucks;

(d) use of firefighting equipment and firefighting training provided the emissions are not subject to any requirement of a NSPS or NESHAP;

(e) government military activities such as field exercises, explosions, weapons testing and demolition to the extent that such activities do not result in visible emissions entering publicly accessible areas;

(f) use of portable aerospace ground equipment (such as power generators, compressors, heaters, air conditions, lighting units) if the equipment is used in direct support of aircraft operations, and on or in the immediate vicinity of an airfield;

(g) use of portable support equipment such as power generation equipment, compressors, heaters, air conditioning and lighting equipment used for activities that include, but are not limited to maintenance and repair if the equipment is used fewer than 12 consecutive months at the same location and the equipment does not directly support an otherwise regulated portable stationary source (such as a screening plant, sand and gravel processing equipment, hot mix asphalt plant, concrete plant or soil vapor extraction system); and

(h) gases used to calibrate plant instrumentation, including continuous emission monitoring (CEM) systems.

(3) An applicant for a permit is not required to obtain a permit for the following new or modified sources and activities at a facility, but is required to report the following on permit application forms available from the department: fuel burning equipment that is used solely for heating buildings for personal comfort or for producing hot water for personal use and that:

(a) uses gaseous fuel and has a design rate of five million BTU per hour or less; or

(b) uses distillate oil, but not including waste oil, and has a design rate of one million BTU per hour or less.

(4) After a permit has been issued, construction of the sources or commencement of the sources and activities described in Paragraph (3) of Subsection F of 20.11.41.2 NMAC shall comply with the administrative permit revision procedures in Subsection A of 20.11.41.28 NMAC. Emissions from the sources and activities described in Paragraph (3) of Subsection F of 20.11.41.2 NMAC shall not be included in the facility-wide potential emission rate calculation that is described in Subsections B and C of 20.11.41.2 NMAC.

G. Permissive waiver: An owner or operator of an emergency stationary reciprocating internal combustion engine or gasoline dispensing facility, as defined in 20.11.39 NMAC, may apply for an air quality notification pursuant to that Part. If the department grants an air quality notification, then the applicability requirements in Paragraphs (1), (2) and (4) of Subsection B and in Paragraph (1) of Subsection C of 20.11.41.2 NMAC shall not apply to the source that received the air quality notification.

Notes

N.M. Code R. § 20.11.41.2

20.11.41.2 NMAC - Rp, 20.11.41.2 NMAC, 1/1/14, Amended by New Mexico Register, Volume XXVIII, Issue 23, December 12, 2017, eff. 12/21/2017