N.M. Code R. § 20.11.61.23 Exclusions From Increment Consumption
Library | New Mexico Administrative Code |
Edition | 2023 |
Currency | Current through Register Vol. 34, No. 24, December 19, 2023 |
Citation | N.M. Code R. § 20.11.61.23 |
Year | 2023 |
A. Following a public hearing, the director may exclude the following concentrations in determining compliance with a maximum allowable increase:
-
(1)
concentrations attributable to the increase in emissions from stationary
sources which have converted from the use of petroleum products, natural gas
or both by reason of an order in effect under Section 2 (a) and (b) of the
Energy Supply and Environmental Coordination Act of 1974 (or any superseding
legislation), over the emissions from such sources before the effective date of
such an order;
-
(2) concentrations
attributable to the increase in emissions from sources which have converted
from using natural gas by reason of natural gas curtailment plan in effect
pursuant to the Federal Power Act, over the emissions from such sources before
the effective date of such plan;
-
(3) concentrations of particulate matter
attributable to the increase in emissions from construction or other temporary
emission-related activities of new or modified sources;
-
(4) the increase in concentrations
attributable to new sources outside the United States over the concentrations
attributable to existing sources which are included in the baseline
concentration; and
-
(5)
concentrations attributable to the temporary increase in emissions of sulfur
dioxide, particulate matter, or nitrogen oxides from stationary sources which
are affected by plan revisions approved by the administrator as meeting the
criteria specified in Subsection D of 20.11.61.23 NMAC.
B. If the plan provides that the concentrations to which Paragraph (1) or (2) of Subsection A of 20.11.61.23 NMAC refers, shall be excluded, it shall also provide that no exclusion of such concentrations shall apply more than five years after the effective date of the order to which Paragraph (1) of Subsection A of 20.11.61.23 NMAC refers, or the plan to which Paragraph (2) of Subsection A of 20.11.61.23 NMAC refers, whichever is applicable. If both such order and plan are applicable, no such exclusion shall apply more than five years after the later of such effective dates.
C. [Reserved]
D. For purposes of excluding concentrations pursuant to Paragraph (5) of Subsection...
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