N.M. Code R. § 20.11.60.22 Source Requirements For Sources that Would Locate In a Designated Nonattainment Area

• Library: New Mexico Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 34, No. 24, December 19, 2023
• Citation: N.M. Code R. § 20.11.60.22
• Year: 2023

A. Conditions for approval. If the department finds that the major stationary source or major modification would be constructed in an area designated in 40 CFR 40Scope81.300 et seq as nonattainment for a pollutant for which the stationary source or modification is major, approval may be granted only if the following conditions are met:

(1) Condition 1. The major stationary source or major modification shall meet an emission limitation which specifies the lowest achievable emission rate (LAER) for such source.

(2) Condition 2. The applicant must certify that all existing major stationary sources owned or operated by the applicant (or any entity controlling, controlled by, or under common control with the applicant) in the same state as the proposed source are in compliance with, all applicable emission limitations and standards, under the federal Clean Air Act (or are in compliance with an expeditious schedule which is federally enforceable or contained in a court decree).

(3) Condition 3. Emission reductions (offsets) from existing sources in the area of the proposed source (whether or not under the same ownership) are required such that there will be reasonable progress toward attainment of the applicable NAAQS. Except as provided in 20.11.60.20 NMAC (addressing PM 2.5 and its precursors).Only intrapollutant emission offsets will be acceptable (e.g hydrocarbon increases may not be offset against SO2 reductions).

(4) Condition 4. The emission offsets shall provide a positive net air quality benefit in the affected area (where the national ambient air quality standard for that pollutant is violated). Atmospheric simulation modeling is not necessary for volatile organic compounds and NOx. Fulfillment of "condition 3" at Paragraph (3) of Subsection A of 20.11.60.22 NMAC and "location of offsetting emissions" requirements at Subsection B of 20.11.60.22 NMAC, will be considered adequate to meet this condition.

B. Location of offsetting emissions. The owner or operator of a new or modified major stationary source may comply with any offset requirement in effect under 20.11.60 NMAC for increased emissions of any air pollutant only by obtaining emissions reductions of such air pollutant from the same source or other sources in the same nonattainment area, except that the...