N.M. Code R. § 20.11.41.25 Nonattainment Area Requirements

• Library: New Mexico Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 34, No. 24, December 19, 2023
• Citation: N.M. Code R. § 20.11.41.25
• Year: 2023

A. Applicability: 20.11.41.25 NMAC applies to:

(1) a new source or modification of an existing source that will emit a regulated air contaminant that will cause an ambient impact of the contaminant in excess of a significant ambient concentration established in 20.11.41.33 NMAC, Significant Ambient Concentrations - Nonattainment, Table 1, at a location that does not meet the standards incorporated in 20.11.8 NMAC, Ambient Air Quality Standards, for that contaminant;

(2) a new source or modification of an existing source that is not a major stationary source or major modification as defined in 20.11.60 NMAC, Permitting in Nonattainment Areas and will emit a regulated air contaminant that will cause an ambient impact of the contaminant in excess of a significant ambient concentration established in 20.11.41.33 NMAC, Significant Ambient Concentrations - Nonattainment, Table 1, at a location that does not meet the NAAQS for that contaminant; and

(3) an existing source that does not propose an increase in emissions but emits or will emit a regulated air contaminant that will cause an ambient impact of the contaminant in excess of a significant ambient concentration included in 20.11.41.33 NMAC, Significant Ambient Concentrations - Nonattainment, Table 1, at any location that does not meet the 20.11.8 NMAC standards for that contaminant.

B. A new source or modification of an existing source subject to 20.11.41.25 NMAC shall offset the ambient impact of its emissions by:

(1) obtaining emission offsets for proposed emissions in an amount greater than one-to-one so that a net air quality benefit will result; and

(2) ensuring emission offsets are quantifiable, enforceable and permanent by complying with the...