N.M. Admin. Code § 20.11.41.2 - SCOPE
20.11.41 NMAC applies to every
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
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
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