This Part applies to sources located within areas of the state under the board’s jurisdiction that, as of the effective date of this Part or anytime thereafter, are causing or contributing to ambient ozone concentrations that exceed ninety-five percent of the national ambient air quality standard for ozone, as measured by a design value calculated and based on data from one or more department monitors. As of the effective date, sources located in the following counties of the state are subject to this Part: Chaves, Dona Ana, Eddy, Lea, Rio Arriba, Sandoval, San Juan, and Valencia.

1. A. If, at any time after the effective date of this Part, sources in any other area(s) of the state not previously specified are determined to be causing or contributing to ambient ozone concentrations that exceed ninety-five percent of the national ambient air quality standard for ozone, as measured by a design value calculated by the U.S. Environmental Protection Agency based on data from one or more department monitors, the department shall petition the Board to amend this Part to incorporate the sources in those areas.

   1. (1) The notice of proposed rulemaking shall be published no less than 180 days before sources in the affected areas will become subject to this Part, and shall include, in addition to the requirements of the board’s rulemaking procedures at 20.1.1.301 NMAC:

      1. (a) a list of the areas that the department proposed to incorporate into this Part, and the date upon which the sources in those areas will become subject to this Part; and
      2. (b) proposed implementation dates, consistent with the time provided in the phased implementation schedules provided for throughout this Part, for sources within the areas subject to the proposed rulemaking to come into compliance with the provisions of this Part.
   2. (2) In any rulemaking pursuant to this section, the board shall be limited to consideration of only those proposed changes necessary to incorporate other areas of the state into this Part.
2. B. Once a source becomes subject to this Part based upon its potential to emit, all requirements of this Part that apply to the source are irrevocably effective unless the source obtains a federally enforceable limit on the potential to emit that is below the applicability thresholds established in this Part, or the relevant section contains a threshold below which the requirements no longer apply.

[20.2.50.2 NMAC – N, 08/05/2022]