TITLE 20 ENVIRONMENTAL
PROTECTION
CHAPTER 2 AIR
QUALITY (STATEWIDE)
PART 73 NOTICE
OF INTENT AND EMISSIONS INVENTORY REQUIREMENTS
20.2.73.1 ISSUING
AGENCY: Environmental Improvement Board.
[11/30/95; 20.2.73.1 NMAC - Rn, 20 NMAC
2.73.100 02/18/02]
20.2.73.2 SCOPE: All
persons who own or operate a source or who intend to construct or modify a
source.
[11/30/95; 20.2.73.2 NMAC - Rn, 20 NMAC
2.73.101 02/18/02]
20.2.73.3 STATUTORY
AUTHORITY: Environmental Improvement Act, NMSA 1978,
Section 74-1-8(A)(4), and Air Quality Control Act, NMSA 1978, Sections 74-2-1
et seq., including specifically, Section 74-2-7(A)(1) and (B).
[11/30/95; 20.2.73.3 NMAC - Rn, 20 NMAC
2.73.102 02/18/02]
20.2.73.4 DURATION:
Permanent.
[11/30/95; 20.2.73.4 NMAC - Rn, 20 NMAC 2.73.103
02/18/02]
20.2.73.5 EFFECTIVE
DATE: November 30, 1995 except where a later date
is cited at the end of a section or paragraph.
[11/30/95, 10/01/97; 20.2.73.5 NMAC - Rn, 20
NMAC 2.73.104 02/18/02]
[The latest effective date of any section in
this Part is July 6, 2011.]
20.2.73.6 OBJECTIVE: The
objective of this part is to establish requirements for the submission of
certain relevant information to ensure that the regulations and standards under
the Air Quality Control Act and the federal act will not be violated, and to
facilitate the quantification of greenhouse gas emissions in New Mexico.
[11/30/95; 20.2.73.6 NMAC - Rn, 20 NMAC
2.73.105 02/18/02; A, 01/01/08]
20.2.73.7 DEFINITIONS: In
addition to the terms defined in 20.2.2 NMAC (Definitions), as used in this
part, the following apply.
A. "Air pollution control
equipment" means any device, equipment, process or combination thereof
the operation of which would limit, capture, reduce, confine, or otherwise
control air contaminants or convert for the purposes of control any air
contaminant to another form, another chemical or another physical state.
B. "California climate action
registry" means the
voluntary registry for greenhouse gas emissions established pursuant to
California Health & Safety Code D. 26, Pt. 4, Ch. 6 (West 2007).
C. "Commencement" means
that an owner or operator has undertaken a continuous program of construction
or modification.
D. "Construction" means
fabrication, erection, installation or relocation of a stationary source, including
but not limited to temporary installations and portable stationary sources.
E. “Emission report or inventory”
means a listing, by source, of the amount of air pollutants discharged into the
atmosphere of a community.
F. “Fuel carbon content” means
the mass of carbon per unit of heat content of a fuel.
G. "Fugitive emissions"
are those emissions which could not reasonably pass through a stack, chimney,
vent, or other functionally-equivalent opening.
H. "Greenhouse gas emissions
reporting year” means the calendar year in which greenhouse gas emissions
required to be reported under this part occurred.
I. "Modification" means
any physical change in, or change in the method of operation of, a stationary
source which results in an increase in the potential emission rate of any
regulated air contaminant emitted by the source or which results in the
emission of any regulated air contaminant not previously emitted, but does not
include:
(1) a
change in ownership of the source;
(2)
routine maintenance, repair or replacement;
(3)
installation of air pollution control equipment, and all related process
equipment and materials necessary for its operation, undertaken for the purpose
of complying with regulations adopted by the board or pursuant to the federal
Clean Air Act; or
(4)
unless previously limited by enforceable permit conditions:
(a) an
increase in the production rate, if such increase does not exceed the operating
design capacity of the source;
(b) an
increase in the hours of operation; or
(c)
use of an alternative fuel or raw material if, prior to January 6, 1975,
the source was capable of accommodating such fuel or raw material, or if use of
an alternate fuel or raw material is caused by any natural gas curtailment or
emergency allocation or any other lack of supply of natural gas.
J. "Nonattainment area" means,
for any air pollutant, an area which has been designated as a nonattainment
area under Section 107 of the federal act.
K. "Operator" means the
person or persons responsible for the overall operation of a facility.
L. "Owner" means the
person or persons who own a facility or part of a facility.
M. "Part" means an air
quality control regulation under Title 20, Chapter 2 of the New Mexico administrative
code, unless otherwise noted; as adopted or amended by the board.
N. "Portable stationary
source" means a source which can be relocated to another operating
site with limited dismantling and reassembly, including for example but not
limited to moveable sand and gravel processing operations and asphalt plants.
O. "Potential emission
rate" means the emission rate of a source at its maximum capacity to
emit a regulated air contaminant under its physical and operational design,
provided any physical or operational limitation on the capacity of the source
to emit a regulated air contaminant, including air pollution control equipment
and restrictions on hours of operation or on the type or amount of material
combusted, stored or processed, shall be treated as part of its physical and
operational design only if the limitation or the effect it would have on emissions
is enforceable by the department pursuant to the Air Quality Control Act or the
federal act.
P. "Potential to emit"
means the maximum capacity of a stationary source to emit any air pollutant
under its physical and operational design; any physical or operational
limitation on the capacity of a source to emit an air pollutant, including air
pollution control equipment and restrictions on hours of operation or on the
type or amount of material combusted, stored, or processed, shall be treated as
part of its design if the limitation is federally enforceable; the potential to
emit for nitrogen dioxide shall be based on total oxides of nitrogen.
Q. "Regulated air
contaminant" means any air contaminant, the emission or ambient
concentration of which is regulated pursuant to the New Mexico Air Quality
Control Act or the federal act.
R. "Shutdown"
means the cessation of operation of any air pollution control equipment,
process equipment or process for any purpose, except routine phasing out of
batch process units.
S. "Stationary source"
or "source" means any building, structure, equipment, facility,
installation (including temporary installations), operation or portable
stationary source which emits or may emit any air contaminant; any research
facility may group its sources for the purpose of this part at the discretion
of the secretary of the department.
T. “The climate registry” means the nonprofit corporation by that name
incorporated under the District of Columbia Nonprofit Corporation Act with a
purpose of creating and operating a multi-state greenhouse gas emissions
registry.
U. “WEB source” means a stationary source that meets
the applicability requirements of 20.2.81.101 NMAC.
V. “Western backstop sulfur dioxide
trading program” means
20.2.81 NMAC, triggered as a backstop in accordance with the provisions in the
sulfur dioxide milestones and backstop trading program implementation plan, if
necessary, to ensure that regional sulfur dioxide emissions are reduced.
[11/30/95, 10/01/97; 20.2.73.7 NMAC - Rn, 20
NMAC 2.73.107 & A, 02/18/02; A, 12/31/03; A, 01/01/08]
20.2.73.8 to 20.2.73.105 [RESERVED]
20.2.73.106 AMENDMENT
AND SUPERSESSION OF PRIOR REGULATIONS: This part amends and supersedes
Air Quality Control Regulation ("AQCR") 703.1 - Notice of Intent and
Emissions Inventory Requirements last filed May 29, 1990, as amended
("AQCR 703.1").
A. All
references to AQCR 703.1 in any other rule shall be construed as a reference to
this part.
B. The
amendment and supersession of AQCR 703.1 shall not affect any administrative or
judicial enforcement action pending on the effective date of such amendment nor
the validity of any permit issued pursuant to AQCR 703.1.
[11/30/95; 20.2.73.106 NMAC - Rn, 20 NMAC
2.73.106 02/18/02]
20.2.73.107 to 20.2.73.199 [RESERVED]
20.2.73.200 NOTICE
OF INTENT:
A. Applicability:
(1)
Any owner or operator intending to construct a new stationary source
which has a potential emission rate greater than 10 tons per year of any
regulated air contaminant or 1 ton per year of lead shall file a notice of
intent with the department.
(2)
Any owner or operator intending to modify a stationary source which
either prior to or following the modification has a potential emission rate
greater than 10 tons per year of any regulated air contaminant or 1 ton per
year of lead shall file a notice of intent with the department.
(3)
The requirements of 20.2.73.200 NMAC do not apply to stationary sources
or modifications located in Bernalillo county.
(4)
The notice of intent shall be filed prior to the commencement of
construction. Construction shall not begin prior to issuance of a written
determination by the department that a permit is not required, or if a permit
is required, prior to the issuance of the permit under 20.2.72 NMAC, 20.2.74
NMAC or 20.2.79 NMAC.
B. Contents of Notice:
Notices of intent shall be filed on forms furnished by the department,
which shall be identical to the extent practicable, as those used for 20.2.72
NMAC (Construction Permits) and shall include:
(1)
The applicant's name and address, the person to contact regarding the
application, and the name and address of the new source or modification.
(2)
The date of the application.
(3) A
description of the new facility or modification including all operations
affecting air emissions.
(4)
The anticipated operating schedule.
(5) A map such as a 7.5 minute
United States geological survey topographic quadrangle showing the location of
the stationary source.
(6)
The nature and quantities of any regulated air contaminants the new
source or modification will emit, including all calculations utilized to
estimate emissions.
(7) A
description of any air pollution control device or method to be utilized,
including the basis for the estimated control efficiency.
(8)
The stack and exhaust gas parameters for all emission points.
(9)
Any other relevant information as the department may reasonably require.
(10) Be
signed under oath or affirmation by the operator, the owner, or an authorized
representative, certifying to the best of his or her knowledge the truth of all
information submitted.
C. Review of Notice:
Within thirty days from the date a notice is received, the department
shall review its content and by certified letter indicate to the applicant:
(1)
the notice is incomplete and indicate specific additional material or
clarification required; or
(2) a
permit is not required and construction may commence; or
(3) a
permit is required before construction may commence. For this case, the department will indicate
whether the application is complete with respect to the requirements of each
applicable permit regulation and specify additional material or clarification
required if it is not complete.
D. Verification: In
verifying information submitted in response to the requirements of this part,
the department may:
(1)
Enter at all reasonable times in or upon any private or public property,
except private residences, which the department has reasonable cause to believe
is or will become a source of air contaminants contributing to air pollution;
and
(2)
Require the production of information relating to emissions which cause
or contribute to air pollution, including the sampling of emissions in
accordance with methods and at locations and intervals as may be prescribed by
the department.
E. Notification Requirements:
(1)
The owner or operator of a portable stationary source shall notify the
department in writing of the date and site of any relocation at least fifteen
days prior to its occurrence.
(2)
Any owner or operator of a stationary source which will be shut down for
a period of one year or more shall notify the department in writing of the
actual date of shut down within thirty days after the shut down occurs.
(3)
Any new owner or operator of a stationary source shall notify the
department within thirty days of assuming ownership of his or her name and
address.
[11/30/95; 20.20.73.200 NMAC - Rn, 20 NMAC
2.73.200-204 02/18/02]
20.2.73.201 to 20.2.73.299 [RESERVED]
20.2.73.300 EMISSION
INVENTORY REQUIREMENTS:
A. Applicability. The
requirements of 20.2.73.300 NMAC apply to the owner or operator of any
stationary source located outside of Bernalillo county which:
(1)
has been issued a permit under 20.2.72 NMAC (Construction Permits)
during any period of time, except for toxic air pollutant permits issued under
Sections 401 to 499 of 20.2.72 NMAC;
(2) is
required to file a notice of intent under 20.2.73.200 NMAC; or
(3)
emits in excess of 1 ton of lead or 10 tons of total suspended
particulate, PM10, PM2.5, sulfur dioxide, nitrogen oxides, carbon monoxide, or
volatile organic compounds in any calendar year including and subsequent to
1990.
B. Reporting requirements.
(1)
Any source which emits, or has the potential to emit, 5 tons per year or
more of lead or lead compounds, or 100 tons per year or more of PM10, PM2.5,
sulfur oxides, nitrogen oxides, carbon monoxide, or volatile organic compounds
shall submit an emissions report annually.
(2)
Any source defined as a major source of hazardous air pollutants under
20.2.70 NMAC (Operating Permits) shall submit an emissions report annually.
(3)
Any source which is located in an ozone nonattainment area and which
emits, or has the potential to emit, 25 tons per year or more of nitrogen
oxides or volatile organic compounds shall submit an emissions report annually.
(4)
Any source which is not required by Paragraph (1), (2), or (3) of
Subsection B of this section (20.2.73.300 NMAC) to submit an emission report
shall submit an emissions report under this part upon request by the
department, but no more frequently than annually.
(5)
Except as provided in Paragraph (8) of Subsection B of this section
(20.2.73.300 NMAC), the department shall provide to the owner or operator
required by this section (20.2.73.300 NMAC) to submit an emissions report a
complete copy of the most current emissions report for their stationary source
which is on file with the department. The department shall provide this copy to
the owner or operator at least 90 days prior to the date when the source is
required to submit an emissions report.
(6)
The owner or operator shall submit to the department a complete, correct
and current emissions report in the format specified by the department which
reflects emissions during the previous calendar year.
(7)
Except as provided in Paragraph (8) of Subsection B of this section
(20.2.73.300 NMAC) the owner or operator shall submit the emission report by
April 1 of each year in which the source is required to submit an emission
report.
(8)
Sources for which a date for submitting an annual emission report is
specified in a current operating permit issued under 20.2.70 NMAC (Operating
Permits) shall submit such report on that date. The department shall provide a
copy of the previous emissions report upon request by the owner or operator of
such source.
(9)
Any source that is requested by the department to submit a report of
greenhouse gas emissions shall:
(a)
submit such report on the schedule and according to the greenhouse gas
emissions reporting procedures established by the department, but not more
often than annually; or
(b)
report greenhouse gas emissions from the source under 20.2.87 NMAC for
the greenhouse gas emissions reporting year and the two years following that
year; or
(c)
provide the department access to the requested information for the
greenhouse gas emissions reporting year registered in either the climate
registry or the California climate action registry; and
(d)
keep records in support of the report for a minimum of five years.
(10) In determining the schedule of greenhouse
gas emissions reports and reporting procedures, the department, subject to
Paragraph (11) below, shall provide an opportunity for public comment, and
shall consider:
(a) public comments regarding the schedule of
such reports and greenhouse gas emissions reporting procedures;
(b)
emissions quantification standards and best practices approved or
recommended by federal and state agencies, by greenhouse gas emissions
registries, and by non-governmental bodies having expertise in greenhouse gas
emissions quantification;
(c) whether greenhouse gases emissions from a
particular source or source type, considering the amount and chemical
composition of the emissions, are expected to be minimal relative to emissions
from other sources or source types, and
(d) whether emissions of a particular
greenhouse gas from a source or source type, considering the amount and
chemical composition of the emissions, are expected to be minimal relative to the total greenhouse gas emissions from that
source or source type.
(11)
The schedule for greenhouse gas emissions reports and reporting
procedures pursuant to Paragraphs (9) and (10) of Subsection B of 20.2.73.300
NMAC, shall:
(a) subject to the department’s selection of
best available quantification methodologies, include a requirement that sources
within North American industry classification system codes 211111, 211112, 213111, 213112,
486210, 221210, 486110, and 486910 subject to this part and permit requirements
pursuant to 20.2.70 NMAC (Operating Permits) report at a minimum emissions of
carbon dioxide and methane beginning no later than reporting year 2009 and for
subsequent reporting years; and
(b) subject to the department’s selection of
best available quantification methodologies, include a requirement that sources
within North American industry classification system codes 211111, 211112, 213111, 213112, 486210,
221210, 486110, and 486910 subject to this part pursuant to Paragraphs (1) and
(2) of Subsection A of 20.2.73.300 NMAC, and not otherwise covered by
Subparagraph (a), above, report at a minimum emissions of carbon dioxide and
methane no later than reporting year 2010 and for subsequent reporting years as
requested by the department.
C. Content of emissions reports.
Emissions report contents for reports made under Paragraphs (1) through
(8) of Subsection B of 20.2.73.300 NMAC shall include:
(1)
the name, address, if any, and physical location of the stationary
source;
(2)
the name and telephone number of the person to contact regarding the
emissions report;
(3) a
certification signed by the owner, or operator, or a responsible official as
defined in 20.2.70 NMAC attesting that the statements and information contained
in the emissions report are true and accurate to the best knowledge and belief
of the certifying official, and including the full name, title, signature, date
of signature, and telephone number of the certifying official; for sources
subject to 20.2.70 NMAC, the certification shall be made as required under that
part;
(4)
smelters shall submit an annual report of sulfur input, in tons/year;
(5)
for each emission point, as required by the department:
(a)
stack and exhaust gas parameters and location information;
(b)
type of control equipment and estimated control efficiency;
(c)
schedule of operation;
(d)
estimated actual emissions, including fugitive emissions and emissions
occurring during maintenance, start-ups, shutdowns, upsets, and downtime of
total suspended particulate, PM10, PM2.5, ammonia, sulfur oxides, nitrogen
oxides, carbon monoxide, volatile organic compounds, and lead, and, if
requested by the department, speciated hazardous air pollutants, in tons per
year and a description of the methods utilized to make such estimates,
including calculations;
(e)
the annual process or fuel combustion rates; and
(f)
the fuel heat, sulfur, and ash content; and
(6)
all information required under the federal act.
D. Additional content for emissions
reports from sources in ozone nonattainment areas.
Emissions reports from sources located in ozone nonattainment areas
shall include, in addition to the contents specified by Subsection C of this
section (20.2.73.300 NMAC), the following information:
(1)
typical daily process rate during the peak ozone season, where the peak
ozone season is specified by the department; and
(2)
estimated actual emissions of nitrogen oxides and volatile organic
compounds, which shall be reported:
(a)
for each emissions point;
(b) for each process and fuel
type contributing to emissions from each point;
(c) in
units of tons per year for annual emissions; and
(d) in
units of pounds per day for a typical day during the peak ozone season.
E. Waiver of reporting requirements for
insignificant emissions. The department may waive the requirements of
Paragraph (5) of Subsection C of this section (20.2.73.300 NMAC) for emissions
which the department determines to be insignificant under 20.2.70 NMAC, except
that:
(1)
for sources in nonattainment areas, reporting of emissions of pollutants
for which the area is nonattainment shall not be waived; and
(2)
reporting of emissions for which reporting is required under the federal
act shall not be waived.
F. Emission tracking requirements for
sulfur dioxide emission inventories. All stationary sources with actual emissions
of one hundred (100) tons per year or more of sulfur dioxide in the year 2000,
or in any subsequent year, shall submit an annual inventory of sulfur dioxide
emissions, beginning with the 2003 emission inventory. A source that meets these criteria that then
emits less than 100 tons per year in a later year shall submit a sulfur dioxide
inventory for tracking compliance with the regional sulfur dioxide milestones
until the western backstop sulfur dioxide trading program has been fully
implemented and emission tracking has occurred under 20.2.81.106 NMAC.
(1)
All WEB sources will be subject to the following federally enforceable
provisions:
(a)
submit an annual inventory of sulfur dioxide emissions;
(b)
document the emissions monitoring/estimation methodology used, and
demonstrate that the selected methodology is acceptable under the inventory
program;
(c)
include emissions from start up, shut down, and upset conditions in the
annual total inventory;
(d)
use 40 CFR Part 75 methodology for reporting emissions for all sources
subject to the federal acid rain program;
(e)
maintain all records used in the calculation of the emissions, including
but not limited to the following:
(i)
amount of fuel consumed;
(ii)
percent sulfur content of fuel and how the content was determined;
(iii)
quantity of product monitoring data;
(iv)
emissions monitoring data;
(v)
operating data; and
(vi) how the emissions are
calculated;
(f)
maintain records of any physical changes to facility operations or
equipment, or any other changes that may affect the emissions projections; and
(g) retain records for a minimum
of ten years from the date of establishment, or if the record was the basis for
an adjustment to the milestone, five years after the date of an implementation
plan revision, whichever is longer.
(2)
Changes in emission measurement techniques. Each source subject to this
subsection that uses a different emission monitoring or calculation method than
was used to report sulfur dioxide emissions in 2006 under this part or 40 CFR
Part 75 shall adjust their reported emissions to be comparable to the emission
monitoring or calculation method that was used in 2006. The calculations that
are used to make this adjustment shall be included with the annual emission
report.
(3)
The department shall retain emission inventory records for non-utilities
for 2006 until the year 2018 to ensure that changes in emissions monitoring
techniques can be tracked.
G. Content of greenhouse gas emissions
reports. Greenhouse gas emissions reports shall contain the following
information, as set out in the greenhouse gas emissions reporting procedures
established under Subparagraph (a) of Paragraph (9) of Subsection B of
20.2.73.300 NMAC:
(1)
the name, location, and permit or notice of intent number of the
stationary source;
(2)
the name and telephone number of the person to contact regarding the
greenhouse gas emissions report;
(3) a
certification signed by the owner or operator attesting that the statements and
information contained in the emissions report are true and accurate to the best
knowledge and belief of the certifying official, and including the full name,
title, signature, date of signature, and telephone number of the certifying
official;
(4)
for each emission point as required by the department under the
greenhouse gas emissions reporting procedures, the estimated actual emissions
of greenhouse gases, including fugitive emissions and emissions occurring
during maintenance, start-ups, shutdowns, upsets and downtime; and
(5) if
requested by the department, the fuel type, fuel heat content, and fuel carbon
content.
[11/30/95, 10/01/97; 2.20.73.300 NMAC - Rn,
20 NMAC 2.73.300 - 304 02/18/02; A, 12/31/03; A, 12/31/04; A, 01/01/08; A,
07/06/11]
HISTORY OF 20.2.73 NMAC:
Pre-NMAC History: The
material in this part was derived from that previously filed with the
commission of public records - state records center and archives.
EIB/AQCR 703.1, Air Quality Control
Regulation 703.1 - Notice of Intent and Emissions Inventory Requirements,
5/29/90.
History of Repealed Material:
[RESERVED]
Other History:
EIB/AQCR 703.1, Air Quality Control
Regulation 703.1 - Notice of Intent and Emissions Inventory Requirements, filed
5/29/90, was renumbered into first version of the New Mexico
Administrative Code as 20 NMAC 2.73, Notice of Intent and Emissions Inventory
Requirements, filed 10/30/95.
20 NMAC 2.73, Notice of Intent and Emissions
Inventory Requirements, filed 10/30/95, was renumbered, reformatted, amended
and replaced by 20.2.73 NMAC, Notice of Intent and Emissions Inventory
Requirements, effective 02/18/02.