New source review - New Mexico

New Mexico incorporates by reference the federal regulations for New Source Review (NSR) Permitting; however, the state adds further requirements.

A summary of the additional requirements includes the following:

• Such the ratio of total actual emissions reductions of volatile organic compound (VOC) to the emissions increase of VOC shall be as follows:
  • In any marginal nonattainment area for ozone, at least 1.1:1;
  • In any moderate nonattainment area for ozone, at least 1.15:1;
  • In any serious nonattainment area for ozone, at least 1.2:1;
  • In any severe nonattainment area for ozone, at least 1.3:1 (except that the ratio may be at least 1.2:1 if the approved state implementation plan also requires all existing major sources in such nonattainment area to use best available control technology (BACT) for the control of VOC); and
  • In any extreme nonattainment area for ozone, at least 1.5:1 (except that the ratio may be at least 1.2:1 if the approved state implementation plan also requires all existing major sources in such nonattainment area to use BACT for the control of VOC).
• The department may allow the offset requirements in 20 NMAC 2.79.115 for direct PM_2.5 emissions or emissions of precursors of PM_2.5 to be satisfied by offsetting reductions in direct PM_2.5 emissions or emissions of any PM_2.5 precursor identified under Subsection AJ of 20 NAMC 2.79.7 if such offsets comply with the interprecursor trading hierarchy and ratio established in the approved plan for a particular nonattainment area.
• In order for a permit to be granted, all of the following conditions [among others at 20 NMAC 2.79.112] shall be met:
  • Emission reductions (offsets) at existing sources shall occur prior to or concurrent with the start of operation of the proposed major stationary source or major modification for each pollutant emitted which is subject to this Part. As a general rule, such offsets shall be at least 20 percent greater than the allowable emissions of the proposed new major stationary source or major modification and shall assure that the total tonnage of increased emissions of the air pollutant from the new or modified source shall be offset by an equal or greater reduction in the actual emissions of such air pollutant from the same or other sources in the area. An offset less than 20 percent but at least 10 percent (or 1:1.1 ratio) may be allowed if reasonable progress toward the attainment of the applicable National Ambient Air Quality Standards (NAAQS) will be achieved. A higher level of offset reduction may be required in order to demonstrate that a net air quality benefit will occur; or
  • A new major stationary source or major modification which is subject to the requirements of subsection D of 20 NMAC 2.79.109 shall obtain sufficient emission reductions to, at a minimum, compensate for its adverse ambient impact where the major stationary source or major modification would otherwise cause or contribute to a violation of any NAAQS.

Related information

• EzExplanation New Source Review
• New Mexico State Implementation Plans

Citations

• Federal regulation 40 CFR Part 51-52
• New Mexico Administrative Code Part 2.79