N.M. Code R. § 20.11.60.12 Applicability

• Library: New Mexico Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 34, No. 24, December 19, 2023
• Citation: N.M. Code R. § 20.11.60.12
• Year: 2023

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 20.11.60 NMAC prior to the start of construction or modification if either of the following conditions under Paragraph (1) or (2) of Subsection A of 20.11.60.12 NMAC apply.

(1) Sources that would locate in a designated nonattainment area. The proposed major stationary source or major modification would be located within a nonattainment area so designated pursuant to Section 107(d)(1)(A)(i) of the federal Clean Air Act and would emit a regulated new source review pollutant for which it is major and for which the area is designated nonattainment.

(2) Sources locating in designated clean or unclassifiable areas which would cause or contribute to a violation of a NAAQS (a) The proposed major stationary source or major modification would be located within an area designated as attainment or unclassifiable for any NAAQS pursuant to Section 107 of the federal Clean Air Act, and will emit a regulated new source review pollutant for which it is major and when it would cause or contribute to a violation of any NAAQS. (b) A major source or major modification will be considered to cause or contribute to a violation of a NAAQS when such source or modification would, at a minimum, exceed the following significance levels at any locality that does not or would not meet the applicable national standard Significant ambient concentrations:

Pollutant	Averaging Time
	Annual	24-hr	8-hr	3-hr	1-hr
Sulfur Dioxide	1.0 µg/m3	5 µg/m3	--	25 µg/m3	--
PM2.5

...