TITLE 20 ENVIRONMENTAL PROTECTION
CHAPTER 2 AIR
QUALITY (STATEWIDE)
PART 50 OIL
AND GAS SECTOR – OZONE PRECURSOR POLLUTANTS
20.2.50.1 ISSUING AGENCY: Environmental Improvement Board.
[20.2.50.1 NMAC – N, 08/05/2022]
20.2.50.2 SCOPE: 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.
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) 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:
(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
(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) 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.
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]
20.2.50.3 STATUTORY AUTHORITY: Environmental Improvement Act, Section 74-1-1 to 74-1-16 NMSA 1978, including specifically Paragraph (4) and (7) of Subsection A of Section 74-1-8 NMSA 1978, and Air Quality Control Act, Sections 74-2-1 to 74-2-22 NMSA 1978, including specifically Subsections A, B, C, D, F, and G of Section 74-2-5 NMSA 1978 (as amended through 2021).
[20.2.50.3 NMAC - N, 08/05/2022]
20.2.50.4 DURATION: Permanent.
[20.2.50.4 NMAC - N, 08/05/2022]
20.2.50.5 EFFECTIVE DATE: August 05, 2022, except where a later date is specified in another section.
[20.2.50.5 NMAC - N, 08/05/2022]
20.2.50.6 OBJECTIVE: The objective of this Part is to establish emission standards for volatile organic compounds (VOC) and oxides of nitrogen (NOx) for oil and gas production, processing, compression, and transmission sources.
[20.2.50.6 NMAC - N, 08/05/2022]
20.2.50.7 DEFINITIONS: In addition to the terms defined in 20.2.2 NMAC - Definitions, as used in this Part, the following definitions apply.
A. Definitions beginning with the letter “A”: “Auto-igniter” means a device that automatically attempts to relight the pilot flame of a control device in order to combust VOC emissions, or a device that will automatically attempt to combust the VOC emission stream.
B. Definitions beginning with the letter “B”: “Bleed rate” means the rate in standard cubic feet per hour at which gas is continuously vented from a pneumatic controller.
C. Definitions beginning with the letter “C”:
(1) “Calendar
year” means a year beginning January 1 and ending December 31.
(2) “Centrifugal compressor” means a machine used for raising the pressure of natural gas by drawing in low-pressure natural gas and discharging significantly higher-pressure natural gas by means of a mechanical rotating vane or impeller. A screw, sliding vane, and liquid ring compressor is not a centrifugal compressor.
(3) “Closed
vent system” means a system that is designed, operated, and
maintained to route the VOC emissions from a source or process to a process stream
or control device with no loss of VOC emissions to the atmosphere during
operation.
(4) “Commencement of operation” means for an oil and natural gas well site, the date any permanent production equipment is in use and product is consistently flowing to a sales line, gathering line or storage vessel from the first producing well at the stationary source, but no later than the end of well completion operation.
(5) “Component” means a pump seal, flange, pressure relief device (including thief hatch or other opening on a storage vessel), connector or valve that contains or contacts a process stream with hydrocarbons, except for components where process streams consist solely of glycol, amine, produced water, or methanol.
(6) “Connector” means
flanged, screwed, or other joined fittings used to connect pipeline segments,
tubing, pipe components (such as elbows, reducers, “T's” or
valves) to each other; or a pipeline to a piece of equipment; or an instrument
to a pipe, tube, or piece of equipment. A common connector is a flange. Joined fittings welded
completely around the circumference of the interface are not considered connectors for the purpose of this Part.
(7) “Construction” means fabrication,
erection, or installation of a stationary source, including but not limited to
temporary installations and portable stationary sources, but does not include
relocations or like-kind replacements of existing equipment.
(8) “Control device” means air
pollution control equipment or emission reduction technologies that thermally
combust, chemically convert, or otherwise destroy or recover air contaminants.
Examples of control devices may include but are not limited to open flares,
enclosed combustion devices (ECDs), thermal oxidizers (TOs), vapor recovery
units (VRUs), fuel cells, condensers, catalytic converters (oxidative,
selective, and non-selective), or other emission reduction equipment. A control
device may also include any other air pollution control equipment or emission
reduction technologies approved by the department to comply with emission
standards in this Part. A VRU or other equipment used primarily as process
equipment is not considered a control device.
D. Definitions beginning with the letter “D”:
(1) “Department”
means the New Mexico environment department.
(3) “Downtime” means the period of time when equipment is not in operation.
(4) “Drilling” or “drilled” means
the process to bore a hole to create a well for oil and/or natural gas
production.
(5) “Drill-out” means the process
of removing the plugs placed during hydraulic fracturing or refracturing.
Drill-out ends after the removal of all stage plugs and the initial wellbore
cleanup.
E. Definitions beginning with the letter “E”:
(2) “Existing”
means constructed or reconstructed before the effective date of this Part.
F. Definitions beginning with the letter “F”:
(1) “Flowback”
means the process of allowing fluids and entrained solids to flow from a well
following stimulation, either in preparation for a subsequent phase of
treatment or in preparation for cleanup and placing the well into production.
The term flowback also means the fluids and entrained solids flowing from a
well after drilling or hydraulic fracturing or refracturing. Flowback ends when
all temporary flowback equipment is removed from service. Flowback does not
include drill-out.
(2) “Flowback
vessel” means a vessel that contains flowback.
G. Definitions beginning with the letter “G”. [RESERVED]
(1) “Gathering
and boosting station” means a facility, including all equipment and
compressors, located
downstream of a well site that collects or moves natural gas prior to the inlet
of a natural gas processing plant; or prior to a natural gas transmission
pipeline or transmission compressor station if no gas processing is performed;
or collects, moves, or stabilizes crude oil or condensate prior to an oil
transmission pipeline or other form of transportation. Gathering and
boosting stations may include equipment for liquids separation, natural gas
dehydration, and tanks for the storage of water and hydrocarbon liquids.
(2) “Glycol
dehydrator” means a device in which a liquid glycol absorbent, including
ethylene glycol, diethylene glycol, or triethylene glycol, directly contacts a
natural gas stream and absorbs water.
H. Definitions beginning with the letter “H”:
(1) “High-bleed
pneumatic controller” means a continuous bleed pneumatic controller
that is designed to have a continuous bleed rate that emits in
excess of 6 standard cubic feet per hour (scfh) of natural gas to the
atmosphere.
(2) “Hydraulic fracturing” means the process of directing
pressurized fluids containing any combination of water, proppant, and any added
chemicals to penetrate tight formations, such as shale, coal, and tight sand
formations, that subsequently requires flowback to expel fracture fluids and
solids.
(3) “Hydraulic
refracturing” means conducting a subsequent
hydraulic fracturing operation at a well that has previously undergone a
hydraulic fracturing operation.
(4) “Hydrocarbon liquid”
means any naturally occurring, unrefined petroleum liquid and can include oil,
condensate, and intermediate hydrocarbons. Hydrocarbon liquid does not include
produced water.
I. Definitions beginning with the letter “I”:
(1) “Inactive
well site” means a well site where the well is not being used for beneficial
purposes, such as production or monitoring, and is not being drilled,
completed, repaired or worked over.
(2) “Injection
well site” means a well site where the well is used for the injection of
air, gas, water or other fluids into an underground
stratum.
(3) “Intermittent
pneumatic controller” means a pneumatic controller that
is not designed to have a continuous bleed rate but is designed to only release
natural gas above de minimis amounts to the atmosphere as part of the actuation
cycle.
J. Definitions beginning with the letter “J”. [RESERVED]
K. Definitions beginning with the letter “K”. [RESERVED]
L. Definitions beginning with the letter “L”:
(1) “Liquid
unloading” means the removal of accumulated liquid from the wellbore that
reduces or stops natural gas production.
(2) “Liquid
transfer” means the unloading of a hydrocarbon liquid from a storage vessel
to a tanker truck or tanker rail car for transport.
(3) “Local distribution
company custody transfer station” means a metering station where the local
distribution company receives a natural gas supply from an upstream supplier,
which may be an interstate transmission pipeline or a local natural gas
producer, for delivery to customers through the local distribution company's intrastate
transmission or distribution lines.
(4) “Low-bleed
pneumatic controller” means a continuous bleed pneumatic
controller that is designed to have a continuous bleed rate that emits less
than or equal to 6 scfh of natural gas to the atmosphere.
M. Definitions beginning with the letter “M”. [RESERVED]
N. Definitions beginning with the letter “N”.
“non-porous”
means multi-use items such as metal, glass and plastic;
(1) “Natural
gas-fired heater” means an enclosed device using a controlled flame and
with a primary purpose to transfer heat directly to a process material or to a
heat transfer material for use in a process.
(2) “Natural
gas processing plant” means the processing equipment engaged in the
extraction of natural gas liquid from natural gas or fractionation of mixed
natural gas liquid to a natural gas product, or both. A Joule-Thompson valve, a
dew point depression valve, or an isolated or standalone Joule-Thompson skid is
not a natural gas processing plant.
(3) “New”
means constructed or reconstructed on or after the effective date of this Part.
(4) “Non-emitting controller” means a device that monitors a
process parameter such as liquid level, pressure, or temperature and sends a
signal to a control valve in order to control the
process parameter and does not emit natural gas to the atmosphere. Examples of
non-emitting controllers include but are not limited to instrument air or inert
gas pneumatic controllers, electric controllers, mechanical controllers
and Routed Pneumatic Controllers.
O. Definitions
beginning with the letter “O”:
(1) “Occupied
area” means the following:
(a) a building or structure used as a
place of residence by a person, family, or families, and includes manufactured,
mobile, and modular homes, except to the extent that such manufactured, mobile,
or modular home is intended for temporary occupancy or for business purposes;
(b) indoor or outdoor spaces associated
with a school that students use commonly as part of their curriculum or
extracurricular activities;
(c) five-thousand
(5,000) or more square feet of building floor area in commercial facilities
that are operating and normally occupied during working hours; and
(d) an outdoor venue or recreation area,
such as a playground, permanent sports field, amphitheater, or similar place of
outdoor public assembly.
(2) “Operator” means the person or persons responsible for the overall operation of a stationary
source.
(3) “Optical
gas imaging (OGI)” means an imaging technology that utilizes a
high-sensitivity infrared camera designed for and capable of detecting
hydrocarbons.
(4) “Owner” means the person or persons who own a stationary source or part of a stationary source.
P. Definitions beginning with the letter “P”:
(1) “Permanent pit or pond” means a pit or pond used for
collection, retention, or storage of produced water or brine and is installed
for longer than one year.
(2) “Pneumatic
controller” means a device that monitors a
process parameter such as liquid level, pressure, or temperature and uses
pressurized gas (which may be released to the atmosphere during normal
operation) and sends a signal to a control
valve in order to control the process parameter.
Controllers that do not utilize pressurized gas are not pneumatic controllers.
(3) “Pneumatic
diaphragm pump” means a positive displacement pump powered by pressurized
gas that uses the reciprocating action of flexible diaphragms in conjunction
with check valves to pump a fluid. A pump in which a fluid is displaced by a
piston driven by a diaphragm is not considered a diaphragm pump. A lean glycol
circulation pump that relies on energy exchange with the rich glycol from the
contactor is not considered a diaphragm pump.
(4) “Potential
to emit (PTE)” 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 the 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 PTE for nitrogen dioxide shall be based on total
oxides of nitrogen.
(5) “Pre-production operations” means
the drilling through the hydrocarbon bearing zones, hydraulic fracturing or
refracturing, drill-out, and flowback of an oil and/or natural gas well.
(6) “Produced water”
means a liquid that is an incidental byproduct from well completion and the
production of oil and gas.
(7) “Produced water
management unit” means a recycling facility or a permanent pit or pond that
is a natural topographical depression, man-made excavation, or diked area
formed primarily of earthen materials (although it may be lined with man-made
materials), which is designed to accumulate produced water and has a design
storage capacity equal to or greater than 50,000 barrels.
Q. Definitions beginning with the letter “Q”. “Qualified Professional Engineer” means an individual who is licensed by a state as a professional engineer to practice one or more disciplines of engineering and who is qualified by education, technical knowledge, and experience to make the specific technical certifications required under this Part.
R. Definitions beginning with the letter “R”:
(1) “Reciprocating
compressor” means a piece of equipment that increases the pressure of
process gas by positive displacement, employing linear movement of a piston
rod.
(2) “Reconstruction” means a modification that results in the replacement of the components
or addition of integrally related equipment to an existing source, to such an
extent that the fixed capital cost of the new components or equipment exceeds
fifty percent of the fixed capital cost that would be required to construct a
comparable entirely new facility.
(3) “Recycling facility” means a stationary or portable facility used
exclusively for the treatment, re-use, or recycling of produced water and does
not include oilfield equipment such as separators, heater treaters, and
scrubbers in which produced water may be used.
(4) “Responsible official” means one of the following:
(a) for a corporation: president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative.
(b) for a partnership or sole
proprietorship: a general partner or the proprietor, respectively.
(5) “Routed
pneumatic controller” means a pneumatic controller of any
type that releases natural gas to a process, sales line, or to a combustion
device instead of directly to the atmosphere.
S. Definitions beginning with the letter “S”:
(1) “Small
business facility” means, for the purposes of this
Part, a source that is independently owned or operated by a company that is a
not a subsidiary or a division of another business, that employs no more than
10 employees at any time during the calendar year, and that has a gross annual
revenue of less than $250,000. Employees
include part-time, temporary, or limited-service workers.
(2) “Stabilized”
means, when used to refer to stored condensate, that the condensate has reached
substantial equilibrium with the atmosphere and that any emissions that occur
are those commonly referred to within the industry as “working and breathing
losses.”
(3) “Standalone
tank battery” means a tank battery that is not designated as associated
with a well site, gathering and boosting station, natural gas processing plant,
or transmission compressor station.
(4) “Startup”
means the setting into operation of air pollution control equipment or process
equipment.
(5) “Stationary
source” or "source"
means any building, structure, equipment, facility, installation (including
temporary installations), operation, process, or portable stationary source
that emits or may emit any air contaminant. Portable stationary source means a
source that can be relocated to another operating site with limited dismantling
and reassembly.
(6) “Storage
vessel” means a single tank or other vessel that is designed to contain an
accumulation of hydrocarbon liquid or produced water and is constructed
primarily of non-earthen material including wood, concrete, steel, fiberglass,
or plastic, which provide structural support. A well completion vessel that
receives recovered liquid from a well after commencement of operation for a
period that exceeds 60 days is considered a storage vessel. A storage vessel
does not include a vessel that is skid-mounted or permanently attached to a
mobile source and located at the site for less than 180 consecutive days, such
as a truck or railcar; a process vessel such as a surge control vessel, bottom
receiver, or knockout vessel; a pressure vessel designed to operate in excess
of 204.9 kilopascals (29.72 psi) without emissions to the atmosphere; or a
floating roof tank complying with 40 CFR Part 60, Subpart Kb.
T. Definitions beginning with the letter “T”:
(1) “Tank
battery” means a storage vessel or group of storage vessels that receive or
store crude oil, condensate, or produced water from a well or wells for
storage. The owner or operator shall designate whether a tank battery is a
standalone tank battery or is associated with a well site, gathering and
boosting station, natural gas processing plant, or transmission compressor
station. The owner or operator shall maintain records of this designation and
make them available to the department upon request. A tank battery associated
with a well site, gathering or boosting station, natural gas processing plant,
or transmission compressor station is subject to the requirements in this Part
for those facilities, as applicable. Tank battery does not include storage
vessels at saltwater disposal facilities or produced water management units.
(2) “Temporarily
abandoned well site” means an inactive well site where the well’s
completion interval has been isolated. The completion interval is the reservoir
interval that is open to the borehole and is isolated when tubing and
artificial equipment has been removed and a bottom plug has been set.
(3) “Transmission
compressor station” means a facility, including all equipment and compressors, that
moves pipeline quality natural gas at increased pressure from a well site or
natural gas processing plant through a transmission pipeline for ultimate
delivery to the local distribution company custody transfer station,
underground storage, or to other industrial end users. Transmission compressor
stations may include equipment for liquids separation, natural gas dehydration,
and tanks for the storage of water and hydrocarbon liquids.
U. Definitions beginning with the letter “U”. [RESERVED]
V. Definitions beginning with the letter “V”: “Vessel measurement system” means equipment and methods used to determine the
quantity of the liquids inside a vessel (including a flowback vessel) without
requiring direct access through the vessel thief hatch or other opening.
W. Definitions beginning with the letter “W”:
(1) “Wellhead only
facility” means a well site that does not contain any production or
processing equipment other than artificial lift natural gas driven pneumatic
controllers and emergency shutdown device natural gas driven pneumatic
controllers.
(2) “Well
workover” means the repair or stimulation of an existing production well
for the purpose of restoring, prolonging, or enhancing the production of
hydrocarbons.
(3) “Well
site” means the equipment under the operator’s control directly associated
with one or more oil wells or natural gas wells upstream of the natural gas
processing plant or gathering and boosting station, if any. A well site may
include equipment used for extraction, collection, routing, storage,
separation, treating, dehydration, artificial lift, combustion, compression,
pumping, metering, monitoring, and product piping. A well site does not include
an injection well site.
[20.2.50.7 NMAC - N, 08/05/2022]
20.2.50.8 SEVERABILITY: If
any provision of this Part, or the application of this provision to any person
or circumstance is held invalid, the remainder of this Part, or the application
of this provision to any person or circumstance other than those as to which it
is held invalid, shall not be affected thereby.
[20.2.50.8 NMAC - N, 08/05/2022]
20.2.50.9 CONSTRUCTION: This Part shall be liberally construed to carry out its purpose.
[20.2.50.9 NMAC - N, 08/05/2022]
20.2.50.10 SAVINGS CLAUSE: Repeal or supersession of prior versions of this Part shall not affect administrative or judicial action initiated under those prior versions.
[20.2.50.10 NMAC - N, 08/05/2022]
20.2.50.11 COMPLIANCE WITH OTHER REGULATIONS: Compliance with this Part does not relieve a person from the responsibility to comply with other applicable federal, state, or local laws, rules or regulations, including more stringent controls.
[20.2.50.11 NMAC - N, 08/05/2022]
20.2.50.12 DOCUMENTS: Documents incorporated and cited in this Part may be viewed at the New Mexico environment department, air quality bureau.
[20.2.50.12 NMAC - N, 08/05/2022]
[The Air Quality Bureau is located at 525 Camino de los Marquez, Suite 1, Santa Fe, New Mexico 87505.]
20.2.23.13-20.2.23.110 [RESERVED]
B. In determining if any source is subject to this Part, including a small business facility as defined in this Part, the owner or operator shall calculate the Potential to Emit (PTE) of such source and shall have the PTE calculation certified by a qualified professional engineer or an inhouse engineer with expertise in the operation of oil and gas equipment, vapor control systems, and pressurized liquid samples. The emission standards and requirements of this Part may not be considered in the PTE calculation required in this Section or in determining if any source is subject to this Part. The calculation shall be kept on file for a minimum of five years and shall be provided to the department upon request. This certified calculation shall be completed before startup for new sources, and within two years of the effective date of this Part for existing sources.
[20.2.50.111 NMAC - N, 08/05/2022]
20.2.50.112 GENERAL PROVISIONS:
(1) Sources
subject to emissions standards and requirements under this Part shall be
operated and maintained consistent with manufacturer specifications, or good
engineering and maintenance practices. When used in this Part, the term
manufacturer specifications means either the original equipment manufacturer
(or successor) emissions-related design specifications, maintenance practices
and schedules, or an alternative set of specifications, maintenance practices
and schedules sufficient to operate and maintain such sources in good working
order, which have been approved by qualified maintenance personnel based on
engineering principles and field experience. The owner or operator shall keep
manufacturer specifications on file when available, as well as any alternative
specifications that are being followed, and make them available upon request by
the department. The terms of Paragraph (1) of Subsection A of 20.2.50.112
NMAC apply any time reference to manufacturer specifications occurs in this
Part.
(2) Sources, including
associated air pollution control equipment and monitoring equipment, subject to
emission standards or requirements under this Part shall at
all times, including periods of startup, shutdown, and malfunction, be
operated and maintained in a manner consistent with safety and good air
pollution control practices for minimizing emissions of VOC and NOx. During a
period of startup, shutdown, or malfunction, this general duty to minimize
emissions requires that the owner or operator reduce emissions from the
affected source to the greatest extent consistent with safety and good air
pollution control practices. The general duty to minimize emissions does not
require the owner or operator to make any further efforts to reduce emissions
beyond levels required by the applicable standard under this Part. The terms of
Paragraph (2) of Subsection A of 20.2.50.112 NMAC
apply any time reference to minimizing emissions occurs in this Part.
(3) Within two years of
the effective date of this Part, owners and operators of a source
requiring equipment monitoring, testing, or inspection shall develop
and implement a data system(s) capable of storing information for each source
in a manner consistent with this Section. The owner or operator shall maintain
information regarding each source requiring equipment monitoring, testing, or
inspection in a data system(s), including the following
information in addition to the required information specified in an applicable
section of this Part:
(a) unique identification number;
(b) location (latitude
and longitude) of the source;
(c) type of source (e.g., tank, VRU,
dehydrator, pneumatic controller, etc.);
(d) for each source, the controlled VOC
(and NOx, if applicable) emissions in lbs./hr. and tpy;
(e) make, model, and serial number; and
(f) a link to the manufacturer
maintenance schedule or repair recommendations, or company-specific operational
and maintenance practices.
(4) The data system(s) shall be maintained
by the owner or operator of the facility.
(5) The owner or operator shall manage
the source’s record of data in the data system(s). The owner or operator shall
generate a Compliance Database Report (CDR) from the information in the data
system. The CDR is an electronic report maintained by the owner or
operator and that can be submitted to the department upon request.
(6) The CDR is a report distinct from the
owner or operator’s data system(s). The department does not require access to
the owner or operator’s data system(s), only the CDR.
(7) The owner or operator’s authorized
representative must be able to access and input data in the data system(s)
record for that source. That access is not required to be at
any time from any location.
(8) The owner or operator shall
contemporaneously track each monitoring event, and shall comply with the
following:
(a) data gathered during each monitoring
or testing event shall be uploaded into the data system as soon as practicable, but
no later than three business days of each compliance event, and when the final
reports are received;
(b) certain
sections of this Part require a date and time stamp, including a GPS
display of the location, for certain monitoring events. No later than one year
from the effective date of this Part, the department shall finalize a list of approved technologies to
comply with date and time stamp requirements, and
shall post the approved list on its website. Owners and operators shall comply
with this requirement using an approved technology no later than two years from
the effective date of this Part. Prior to such time, owners and operators may
comply with this requirement by making a written or electronic record of the
date and time of any affected monitoring event; and
(c) data required by
this Part shall be maintained in the data system(s) for at least five years.
(9) The department for good cause may
request that an owner or operator retain a third party at their own expense to
verify any data or information collected, reported, or recorded pursuant to
this Part, and make recommendations to correct or improve the collection of
data or information. Such requests may be made no more than once per year. The owner
or operator shall submit a report of the verification and any recommendations
made by the third party to the department by a date specified and implement the
recommendations in the manner approved by the department. The owner or operator
may request a hearing on whether good cause was demonstrated or whether the
recommendations approved by the department must be implemented.
(10) Where Part 50 refers to applicable federal
standards or requirements, the references are to the applicable federal
standards or requirements that were in effect at the time of the effective date
of this Part, unless the applicable federal standards or requirements have been
superseded by more stringent federal standards or requirements.
(11) Prior to modifying an existing
source, including but not limited to increasing a source’s throughput or
emissions, the owner or operator shall determine the applicability of this Part
in accordance with 20.2.50.111.B NMAC.
B. Monitoring requirements: In addition to any monitoring requirements
specified in the applicable sections of this Part, owners and operators shall
comply with the following:
(1) Unless otherwise specified, the term
monitoring as used in this Part includes, but is not limited to, monitoring,
testing, or inspection requirements.
(2) If equipment is shut down at the time
of periodic testing, monitoring, or inspection required under this Part, the
owner or operator shall not be required to restart the unit for the sole
purpose of performing the testing, monitoring, or inspection, but shall note
the shut down in the records kept for that equipment for that monitoring event.
(1) Within three business days of a monitoring
event and when final reports are received, an electronic record shall be made
of the monitoring event and shall include the information required by the
applicable sections of this Part.
(2) The owner or operator shall keep an
electronic record required by this Part for five years.
(3) By July 1 of each calendar year
starting in 2024, the owner or operator shall generate a
Compliance Database Report (CDR) on all assets under its control that are
subject to the CDR requirements of this Part at the time the CDR is prepared
and keep this report on file for five years.
D. Reporting requirements: In addition to any reporting requirements
specified in the applicable sections in this Part, the owner or operator shall
respond within three business days to a request for information by the
department under this Part. The response shall provide the requested
information for each source subject to the request by electronically submitting
a CDR to the department’s Secure Extranet Portal (SEP),
or by other means and formats specified by the department in its request. If
the department requests a CDR from multiple facilities, additional time will be
given as appropriate.
[20.2.50.112 NMAC - N, 08/05/2022]
20.2.50.113 ENGINES AND TURBINES:
A. Applicability: Portable and stationary natural gas-fired spark ignition engines, compression ignition engines, and natural gas-fired combustion turbines located at well sites, tank batteries, gathering and boosting stations, natural gas processing plants, and transmission compressor stations, with a rated horsepower greater than the horsepower ratings of table 1, 2, and 3 of 20.2.50.113 NMAC are subject to the requirements of 20.2.50.113 NMAC. Non-road engines as defined in 40 C.F.R. §§ 1068.30 are not subject to 20.2.50.113 NMAC.
B. Emission standards:
(1) The
owner or operator of a portable or stationary natural gas-fired spark ignition
engine, compression ignition engine, or natural gas-fired combustion turbine
shall ensure compliance with the emission standards by the dates specified in
Subsection B of 20.2.50.113 NMAC, except as otherwise specified under
an Alternative Compliance Plan approved pursuant to Paragraph (10) of
Subsection B of 20.2.50.113 NMAC or alternative emissions standards
approved pursuant to Paragraph (11) of Subsection B of 20.2.50.113 NMAC.
(2) The owner or operator of an existing natural gas-fired spark ignition engine shall complete an inventory of all existing engines subject to this Part by January 1, 2023, and shall prepare a schedule to ensure that each existing engine does not exceed the emission standards in table 1 of Paragraph (2) of Subsection B of 20.2.50.113 NMAC as follows, except as otherwise specified under an Alternative Compliance Plan (ACP) approved pursuant to Paragraph (10) of Subsection B of 20.2.50.113 NMAC or alternative emissions standards approved pursuant to Paragraph (11) of Subsection B of 20.2.50.113 NMAC:
(a) by January 1, 2025, the owner or operator shall ensure at least thirty percent of the company’s existing engines meet the emission standards.
(b) by January 1, 2027, the owner or operator shall ensure at least an additional thirty-five percent of the company’s existing engines meet the emission standards.
(c) by January 1, 2029, the owner or operator shall ensure that the remaining thirty-five percent of the company’s existing engines meet the emission standards.
(d) in lieu of meeting the emission standards for an existing natural gas-fired spark ignition engine, an owner or operator may reduce the annual hours of operation of an engine such that the annual PTE of NOx and VOC emissions are reduced to achieve an equivalent allowable ton per year emission reduction as set forth in table 1 of Paragraph (2) of Subsection B of 20.2.50.113 NMAC, or by at least ninety-five percent per year.
Table 1 - EMISSION STANDARDS FOR EXISTING NATURAL GAS-FIRED SPARK IGNITION ENGINES
|
Engine Type |
Rated bhp |
NOx |
CO |
NMNEHC (as propane) |
|
2 Stroke Lean Burn |
>1,000 |
3.0 g/bhp-hr |
0.60 g/bhp-hr |
0.70 g/bhp-hr |
|
4-Stroke Lean Burn |
>1,000 bhp and <1,775 bhp |
2.0 g/bhp-hr |
0.60 g/bhp-hr |
0.70 g/bhp-hr |
|
4-Stroke Lean Burn |
≥1,775 bhp |
0.5 g/bhp-hr |
0.60 g/bhp-hr |
0.70 g/bhp-hr |
|
Rich Burn |
>1,000 bhp |
0.5 g/bhp-hr |
0.60 g/bhp-hr |
0.70 g/bhp-hr |
(3) The owner or operator of a new natural gas-fired spark ignition engine shall ensure the engine does not exceed the emission standards in table 2 of Paragraph (3) of Subsection B of 20.2.50.113 NMAC upon startup.
Table 2 - EMISSION STANDARDS FOR NEW NATURAL GAS-FIRED SPARK IGNITION ENGINES
|
Engine Type |
Rated bhp |
NOx |
CO |
NMNEHC (as propane) |
|
Lean-burn |
> 500 and < 1875 |
0.50 g/bhp-hr |
0.60 g/bhp-hr |
0.70 g/bhp-hr |
|
Lean-burn |
≥ 1875 |
0.30 g/bhp-hr |
0.60 g/bhp-hr |
0.70 g/bhp-hr |
|
Rich-burn |
>500 |
0.50 g/bhp-hr |
0.60 g/bhp-hr |
0.70 g/bhp-hr |
(4) The owner or operator of
a natural gas-fired spark ignition engine with NOx emission control
technology that uses ammonia or urea as a reagent shall ensure that the exhaust
ammonia slip is limited to 10 ppmvd or less, corrected to fifteen percent
oxygen.
(5) The owner or operator of a compression ignition engine shall ensure compliance with the following emission standards:
(a) a new portable or stationary compression ignition engine with a maximum design power output equal to or greater than 500 horsepower that is not subject to the emission standards under Subparagraph (b) of Paragraph (5) of Subsection B of 20.2.50.113 NMAC shall limit NOx emissions to not more than nine g/bhp-hr upon startup.
(b) a stationary compression ignition engine that is subject to and complying with Subpart IIII of 40 CFR Part 60, Standards of Performance for Stationary Compression Ignition Internal Combustion Engines, is not subject to the requirements of Subparagraph (a) of Paragraph (5) of Subsection B of 20.2.50.113 NMAC.
(6) The owner or operator of a portable or stationary compression ignition engine with NOx emission control technology that uses ammonia or urea as a reagent shall ensure that the exhaust ammonia slip is limited to 10 ppmvd or less, corrected to fifteen percent oxygen.
(7) The
owner or operator of a stationary natural gas-fired combustion turbine with a
maximum design rating equal to or greater than 1,000 bhp shall comply with the
applicable emission standards for an existing, new, or reconstructed turbine
listed in table 3 of Paragraph (7) of Subsection B of 20.2.50.113 NMAC: The
owner or operator of an existing stationary natural gas-fired combustion
turbine shall complete an inventory of all existing turbines subject to Part 50
by July 1, 2023, and shall prepare a schedule to ensure that
each subject existing turbine does not exceed the emission standards in table 3
of Paragraph (7) of Subsection B of 20.2.50.113 NMAC as follows,
except as otherwise specified under an Alternative Compliance Plan
approved pursuant to Paragraph (10) of Subsection B of 20.2.50.113 NMAC or
alternative emissions standards approved pursuant to Paragraph (11) of
Subsection B of 20.2.50.113 NMAC:
(a) by January 1, 2024, the owner or
operator shall ensure at least thirty percent of the company’s existing
turbines meet the emission standards.
(b) by January 1, 2026, the owner or
operator shall ensure at least an additional thirty-five percent of the
company’s existing turbines meet the emission standards.
(c) by January 1, 2028, the owner or
operator shall ensure that the remaining thirty-five percent of the company’s
existing turbines meet the emission standards.
(d) in lieu of meeting the emission
standards for an existing stationary natural gas-fired combustion turbine, an
owner or operator may reduce the annual hours of operation of a turbine such
that the annual PTE of NOx and VOC emissions are reduced to achieve an
equivalent allowable ton per year emission reduction as set forth in table 3 of
Paragraph (7) of Subsection B of 20.2.50.113 NMAC, or by at least ninety-five
percent per year.
Table 3 - EMISSION STANDARDS FOR STATIONARY COMBUSTION TURBINES
|
For
each applicable existing natural gas-fired combustion turbine, the owner or operator
shall ensure the turbine does not exceed the following emission standards no
later than the schedule set forth in Paragraph (7)(a) of Subsection B of
20.2.50.113 NMAC: |
|||
|
Turbine
Rating (bhp) |
NOx
(ppmvd @15% O2) |
CO
(ppmvd @ 15% O2) |
NMNEHC
(as propane, ppmvd @15% O2) |
|
≥1,000
and <4,100 |
150 |
50 |
9 |
|
≥4,100
and <15,000 |
50 |
50 |
9 |
|
≥15,000 |
50 |
50
or 93% reduction |
5
or 50% reduction |
|
For
each applicable new natural gas-fired combustion turbine, the owner or
operator shall ensure the turbine does not exceed the following emission
standards upon startup: |
|||
|
Turbine
Rating (bhp) |
NOx
(ppmvd @15% O2) |
CO
(ppmvd @ 15% O2) |
NMNEHC
(as propane, ppmvd @15% O2) |
|
≥1,000
and <4,000 |
100 |
25 |
9 |
|
≥4,000
and <15,900 |
15 |
10 |
9 |
|
≥15,900 |
9.0
Uncontrolled or 2.0
with Control |
10
Uncontrolled or 1.8
with Control |
5 |
(8) The owner or operator of a stationary natural gas-fired combustion turbine with NOx emission control technology that uses ammonia or urea as a reagent shall ensure that the exhaust ammonia slip is limited to 10 ppmvd or less, corrected to fifteen percent oxygen.
(9) The owner or operator of an emergency use engine as defined by 40 C.F.R. §§ 60.4211, 60.4243, or 63.6675 is not subject to the emissions standards in this Part but shall be equipped with a non-resettable hour meter to monitor and record any hours of operation.
(10) In lieu of complying with the
emission standards for individual engines and turbines established in
Subsection B of 20.2.50.113 NMAC, an owner or operator may elect to comply with
the emission standards through an Alternative Compliance Plan (ACP) approved by
the department. An ACP must include the list of engines or turbines subject to
the ACP, and a demonstration that the total allowable emissions for the engines
or turbines subject to the ACP will not exceed the total allowable emissions
under the emission standards of this Part. Prior to submitting a proposed ACP
to the Department, the owner or operator shall comply with the following
requirements in the order listed:
(a) The owner or operator shall
contract with an independent third-party engineering or consulting firm to
conduct a technical and regulatory review of the ACP proposal. The selected
firm shall review the proposal to determine if it meets the requirements of
this Part, and shall prepare and certify an evaluation
of the proposed ACP indicting whether the ACP proposal adheres to the
requirements of this Part.
(b) Following the independent third-party
review, the owner or operator shall provide the ACP, along with the third-party
evaluation and findings, to the department for posting on the department’s
website. The department shall post the ACP and the third-party review within 15
days of receipt.
(c) Following
posting by the department, the owner or operator shall publish a notice in a
newspaper of general circulation announcing the ACP proposal, the dates it will
be available for review and comment by the public, and information on how and
where to submit comments. The dates specified in the public notice must provide
for a thirty-day comment period.
(d) Following
the close of the thirty-day notice and comment period, the department shall
send the comments submitted on the ACP proposal and findings to the owner or
operator. The owner or operator shall provide written responses to all comments
to the department.
(e) Following receipt of the owner or
operator’s responses to comments received during the thirty-day comment period,
the department shall make a determination whether to
approve or deny the ACP proposal within 90 days. The department shall approve
an ACP that meets the requirements of this Part, unless the department
determines that the total allowable emissions under the ACP exceed the total
allowable emissions under the emission standards of 20.2.50.113 NMAC. If
approved by the department, the emission reductions and associated
emission limits for the affected engines or turbines shall become
enforceable terms under this Part.
(11) The
owner or operator may submit a request for alternative emission standards for a
specific engine or turbine based on technical impracticability or economic
infeasibility. The owner or operator is not required to submit an ACP
proposal under Paragraph (10) of Subsection B of 20.2.50.113 NMAC prior to
submission of a request for alternative emissions standards under this
Paragraph (11), provided that the owner or operator satisfies Subparagraph (b)
of Paragraph (11) of Subsection B of 20.2.50.113 NMAC, below. To
qualify for an alternative emission standard, an owner or operator must comply
with the following requirements:
(a) Prepare a reasonable demonstration
detailing why it is not technically practicable or economically feasible for
the individual engine or turbine to achieve the emissions standards in table 1
of Paragraph (2) of Subsection B of 20.2.50.113 NMAC or table 3 of Paragraph
(7) of Subsection B of 20.2.50.113 NMAC, as applicable;
(b) Prepare a demonstration detailing why
emissions from the individual engine or turbine cannot be addressed through an
ACP in a technically practicable or economically feasible manner;
(c) Prepare a technical analysis for the
affected engine or turbine specifying the emission reductions that can be
achieved through other means, such as combustion modifications or capacity
limitations. The technical analysis shall include an analysis of any previous
modifications of the source and a determination whether such modifications meet
the definition of a reconstructed source, such that the source should be
considered a new source under federal regulations. The analysis shall include a
certification that the modifications to the source are not in violation of any
state or federal air quality regulation; and
(d) Fulfill the requirements of
Subparagraphs (a) through (c) of Paragraph (10) of Subsection B of 20.2.50.113
NMAC.
(e) Following
the close of the thirty-day notice and comment period, the department shall
send the comments submitted on the alternative emission standards and findings
to the owner or operator. The owner or operator shall provide written responses
to all comments to the department.
(f) Following receipt of the owner or
operator’s responses to comments received during the thirty-day comment period,
the department shall make a determination whether to
approve or deny the alternative emission standards within 90 days. If approved
by the department, the emission reductions and alternative emission
standards for the affected engine or turbine shall become enforceable
terms under this Part.
(g) If
approved by the department, the emissions reductions and alternative
standards for the affected engine or turbine shall become enforceable
terms under this Part.
(12) A short-term replacement engine may be substituted for any engine subject to Section 20.2.50.113 NMAC consistent with any applicable air quality permit containing allowances for short term replacement engines, including but not limited to New Source Review and General Construction Permits issued under 20.2.72 NMAC. A short-term replacement engine is not considered a “new” engine for purposes of this Part unless the engine it replaces is a “new” engine within the meaning of this Part. The reinstallation of the existing engine following removal of the short-term replacement engine is not considered a “new” engine under this Part unless the engine was “new” prior to the temporary replacement.
C. Monitoring requirements:
(1) Maintenance and repair for a spark ignition engine, compression ignition engine, and stationary combustion turbine shall meet the manufacturer recommended maintenance schedule as defined in 20.2.50.112 NMAC.
(2) Maintenance conducted consistent with an applicable NSPS or NESHAP requirement shall be deemed to be in compliance with Paragraph (1) of Subsection (C) of 20.2.50.113 NMAC.
(3) Catalytic converters (oxidative, selective, and non-selective) and AFR controllers shall be inspected and maintained according to manufacturer specifications as defined in 20.2.50.112 NMAC, and shall include replacement of oxygen sensors as necessary for oxygen-based controllers. During periods of catalytic converter or AFR controller maintenance, the owner or operator shall shut down the engine or turbine until the catalytic converter or AFR controller can be replaced with a functionally equivalent spare to allow the engine or turbine to return to operation.
(4) For equipment operated for 500 hours per year or more, compliance with the emission standards in Subsection B of 20.2.50.113 NMAC shall be demonstrated within 180 days of the effective date applicable to the source as defined by Paragraphs (2) and (7) of Subsection B of this Section or, if installed more than 180 days after the effective date, within 60 days after achieving the maximum production rate at which the source will be operated, but not later than 180 days after initial startup of such source. Compliance with the applicable emission standards shall be demonstrated by performing an initial emission test for NOx and VOC, as defined in 40 CFR 51.100(s) using U.S. EPA reference methods or ASTM D6348. Periodic monitoring shall be conducted annually to demonstrate compliance with the allowable emission standards and may be demonstrated utilizing a portable analyzer or EPA reference methods. For units with g/hp-hr emission standards, the engine load shall be calculated using the following equations:
Where: LVH = lower heating value, btu/scf, or btu/gal, as appropriate; and
BSFC = brake specific fuel consumption
(a) emissions testing shall be conducted within 10 percent of 100 percent peak (or the highest achievable) load. The load and the parameters used to calculate it shall be recorded to document operating conditions at the time of testing and shall be included with the test report.
(b) emissions testing utilizing a portable analyzer shall be conducted in accordance with the requirements of the current version of ASTM D6522. If a portable analyzer has met a previously approved department criterion, the analyzer may be operated in accordance with that criterion until it is replaced.
(c) the default time period for a test run shall be at least 20 minutes.
(d) an emissions test shall consist of three separate runs, with the arithmetic mean of the results from the three runs used to determine compliance with the applicable emission standard.
(e) during emissions tests, pollutant and diluent concentration shall be monitored and recorded. Fuel flow rate shall be monitored and recorded if stack gas flow rate is determined utilizing U.S. EPA reference method 19. This information shall be included with the periodic test report.
(f) stack gas flow rate shall be calculated in accordance with U.S. EPA reference method 19 utilizing fuel flow rate (scf) determined by a dedicated fuel flow meter and fuel heating value (Btu/scf). The owner or operator shall provide a contemporaneous fuel gas analysis (preferably on the day of the test, but no earlier than three months before the test date) and a recent fuel flow meter calibration certificate (within the most recent quarter) with the final test report. Alternatively, stack gas flow rate may be determined by using U.S. EPA reference methods 1 through 4 or through the use of manufacturer provided fuel consumption rates.
(g) upon request by the department, an owner or operator shall submit a notification and protocol for an initial or annual emissions test.
(h) emissions testing shall be conducted at least once per calendar year. Emission testing required by Subparts GG, IIII, JJJJ, or KKKK of 40 CFR 60, or Subpart ZZZZ of 40 CFR 63, may be used to satisfy the emissions testing requirements if it meets the requirements of 20.2.50.113 NMAC and is completed at least once per calendar year.
(i) The results of emissions testing
demonstrating compliance with the emission standard for CO may be used as a
surrogate to demonstrate compliance with the emission standard for NMNEHC.
(5) The owner or operator of equipment operated less than 500 hours per year shall monitor the hours of operation using a non-resettable hour meter and shall test the unit at least once per 8760 hours of operation in accordance with the emissions testing requirements in Paragraph (4) of Subsection C of 20.2.50.113 NMAC.
(6) An owner or operator of an emergency use engine as defined by 40 C.F.R. §§ 60.4211, 60.4243, or 63.6675 shall monitor the hours of operation by a non-resettable hour meter.
(7) An owner or operator limiting the
annual operating hours of an engine or turbine to meet the requirements of
Paragraph (2) or (7) of Subsection B of 20.2.50.113 NMAC shall monitor the
hours of operation by a non-resettable hour meter.
(8) Prior to any monitoring, testing, inspection, or maintenance of an engine or turbine, the owner or operator shall date and time stamp the event, and the monitoring data entry shall be made in accordance with the requirements of 20.2.50.112 and 113 NMAC.
D. Recordkeeping requirements:
(1) The owner or operator of a spark ignition engine, compression ignition engine, or stationary combustion turbine shall maintain a record in accordance with 20.2.50.112 NMAC for the engine or turbine. The record shall include:
(a) the make, model, serial number, and unique identification number for the engine or turbine;
(b) location of the source (latitude and
longitude);
(c) a copy of the engine, turbine, or control device manufacturer recommended maintenance and repair schedule as defined in 20.2.50.112 NMAC; and
(d) all inspection, maintenance, or repair activity on the engine, turbine, and control device, including:
(i) the date and time stamp(s), including GPS of the location, of an inspection, maintenance, or repair;
(ii) the date a subsequent analysis was performed (if applicable);
(iii) the name of the person(s) conducting the inspection, maintenance or repair;
(iv) a description of the physical condition of the equipment as found during the inspection;
(v) a description of maintenance or repair conducted; and
(vi) the results of the inspection and any required corrective actions.
(2) The owner or operator of a spark ignition engine, compression ignition engine, or stationary combustion turbine shall maintain records of initial and annual emissions testing for the engine or turbine for a period of five years. The records shall include:
(a) make, model, and serial number for the tested engine or turbine;
(b) the date and time stamp(s), including GPS of the location, of any monitoring event, including sampling or measurements;
(c) date analyses were performed;
(d) name of the person(s) and the qualified entity that performed the analyses;
(e) analytical or test methods used;
(f) results of analyses or tests;
(g) calculated emissions of NOx and VOC in lb/hr and tpy; and
(h) operating conditions at the time of sampling or measurement.
(3) The
owner or operator of an emergency use engine as defined by 40
C.F.R. §§ 60.4211, 60.4243, or 63.6675 shall record the
total annual hours of operation as recorded by the non-resettable hour meter.
(4) The owner or operator limiting
the annual operating hours of an engine or turbine to meet the requirements of
Paragraph (2) or (7) of Subsection B of 20.2.50.113 NMAC shall record the hours
of operation by a non-resettable hour meter. The owner or operator shall
calculate and record the annual NOx and VOC emission calculation, based on the
engine or turbine’s actual hours of operation, to demonstrate that an
equivalent allowable ton per year emission reduction as set forth in table 1 or
table 3 of Paragraph (2) or (7) of Subsection B of 20.2.50.113 NMAC, or the
ninety-five percent emission reduction requirement is met.
E. Reporting requirements: The owner or operator shall comply with the reporting requirements in 20.2.50.112 NMAC.
[20.2.50.113 NM–C - N, 08/05/2022]
A. Applicability:
(1) Centrifugal compressors using wet seals and located at tank batteries, gathering and boosting stations, and natural gas processing plants are subject to the requirements of 20.2.50.114 NMAC. Centrifugal compressors located at well sites and transmission compressor stations are not subject to the requirements of 20.2.50.114 NMAC.
(2) Reciprocating compressors located at tank batteries, gathering and boosting stations, and natural gas processing plants are subject to the requirements of 20.2.50.114 NMAC. Reciprocating compressors located at well sites and transmission compressor stations are not subject to the requirements of 20.2.50.114 NMAC.
B. Emission standards:
(1) The owner or operator of an existing centrifugal compressor with wet seals shall control VOC emissions from a centrifugal compressor wet seal fluid degassing system by at least ninety-five percent within two years of the effective date of this Part. Emissions shall be captured and routed via a closed vent system to a control device, recovery system, fuel cell, or a process stream.
(2) The owner or operator of an existing reciprocating compressor shall, either:
(a) replace the reciprocating compressor rod packing after every 26,000 hours of compressor operation or every 36 months, whichever is reached later. The owner or operator shall begin counting the hours of compressor operation toward the first replacement of the rod packing upon the effective date of this Part; or
(b) beginning no later than two years from the effective date of this Part, collect emissions from the rod packing, and route them via a closed vent system to a control device, recovery system, fuel cell, or a process stream.
(3) The owner or operator of a new centrifugal compressor with wet seals shall control VOC emissions from the centrifugal compressor wet seal fluid degassing system by at least ninety-five percent upon startup. Emissions shall be captured and routed via a closed vent system to a control device, recovery system, fuel cell, or process stream.
(4) The owner or operator of a new reciprocating compressor shall, upon startup, either:
(a) replace the reciprocating compressor rod packing after every 26,000 hours of compressor operation, or every 36 months, whichever is reached later; or
(b) collect emissions from the rod packing and route them via a closed vent system to a control device, a recovery system, fuel cell, or a process stream.
(5) The owner or operator complying with the emission standards in Subsection B of 20.2.50.114 NMAC through use of a control device shall comply with the control device requirements in 20.2.50.115 NMAC.
C. Monitoring requirements:
(1) The owner or operator of a reciprocating compressor complying with Subparagraph (a) of Paragraph (2) or Subparagraph (a) of Paragraph (4) of Subsection B of 20.2.50.114 NMAC shall continuously monitor the hours of operation with a non-resettable hour meter and track the number of hours since initial startup or since the previous reciprocating compressor rod packing replacement.
(2) The owner or operator of a reciprocating compressor complying with Subparagraph (b) of Paragraph (2) or Subparagraph (b) of Paragraph (4) of Subsection B of 20.2.50.114 NMAC shall monitor the rod packing emissions collection system semiannually to ensure that it operates as designed and routes emissions through a closed vent system to a control device, recovery system, fuel cell, or process stream.
(3) The owner or operator of a centrifugal or reciprocating compressor complying with the requirements in Subsection B of 20.2.50.114 NMAC through use of a closed vent system or control device shall comply with the monitoring requirements in 20.2.50.115 NMAC.
(4) The owner or operator of a centrifugal or reciprocating compressor shall comply with the monitoring requirements in 20.2.50.112 NMAC.
D. Recordkeeping requirements:
(1) The owner or operator of a centrifugal compressor using a wet seal fluid degassing system shall maintain a record of the following:
(a) the location (latitude and longitude) of the centrifugal compressor;
(b) the date of construction or reconstruction of the centrifugal compressor;
(c) the monitoring required in Subsection C of 20.2.50.114 NMAC, including the time and date of the monitoring, the person(s) conducting the monitoring, a description of any problem observed during the monitoring, and a description of any corrective action taken; and
(d) the type, make, model, and unique identification number or equivalent identifier of a control device used to comply with the control requirements in Subsection B of 20.2.50.114 NMAC.
(2) The owner or operator of a reciprocating compressor shall maintain a record of the following:
(a) the location (latitude and longitude) of the reciprocating compressor;
(b) the date of construction or reconstruction of the reciprocating compressor; and
(c) the monitoring required in Subsection C of 20.2.50.114 NMAC, including:
(i) the number of hours of operation since the effective date, initial startup after the effective date, or the last rod packing replacement, as applicable;
(ii) data showing the effectiveness of the rod packing emissions collection system, as applicable; and
(iii) the time and date of the inspection, the person(s) conducting the inspection, a description of any problems observed during the inspection, and a description of corrective actions taken.
(3) The owner or operator of a centrifugal or reciprocating compressor complying with the requirements in Subsection B of 20.2.50.114 NMAC through use of a control device or closed vent system shall comply with the recordkeeping requirements in 20.2.50.115 NMAC.
(4) The owner or operator of a centrifugal or reciprocating compressor shall comply with the recordkeeping requirements in 20.2.50.112 NMAC.
E. Reporting requirements: The owner or operator of a centrifugal or reciprocating compressor shall comply with the reporting requirements in 20.2.50.112 NMAC.
[20.2.50.114 NMAC - N, 08/05/2022]
20.2.50.115 CONTROL DEVICES AND CLOSED VENT SYSTEMS:
A. Applicability: These requirements apply to control devices
and closed vent systems as defined in 20.2.50.7 NMAC and used to comply with
the emission standards and emission reduction requirements in this Part.
B. General requirements:
(1) Control
devices used to demonstrate compliance with this Part shall be installed,
operated, and maintained consistent with manufacturer specifications, and good
engineering and maintenance practices.
(2) Control
devices shall be adequately designed and sized to achieve the control
efficiency rates required by this Part and to handle the reasonably expected
range of inlet VOC or NOx concentrations or volumes.
(3) The
owner or operator shall inspect control devices visually or consistent with
applicable federally approved inspection methods at least monthly to identify
defects, leaks, and releases, and to ensure proper operation. Prior to
an inspection or monitoring event, the owner or operator shall date and time stamp the event, and the required monitoring
data entry shall be made in accordance with this Part.
(4) The
owner or operator shall ensure that a control device used to comply with
emission standards in this Part operates as a closed vent system that captures
and routes VOC emissions to the control device, in order to
minimize venting of unburnt gas to the atmosphere.
(5) The owner or operator of a permanent
closed vent system for a centrifugal
compressor wet seal fluid degassing system, reciprocating compressor, natural
gas driven pneumatic pump, or storage vessel using a control device or routing
emissions to a process shall:
(a) ensure the control device or process is of sufficient design and capacity to accommodate
the expected range of emissions from the affected sources;
(b) conduct an assessment to confirm that
the closed vent system is of sufficient design and capacity to ensure that
emissions from the affected equipment are routed to the control device or
process; and
(c) have the assessment certified by a
qualified professional engineer or an in-house engineer with expertise
regarding the design and operation of closed vent system(s) in accordance with
Items (i) and (ii) of Subparagraph (c) of this section.
(i) The assessment of the closed vent
system shall be prepared under the direction or supervision of a qualified
professional engineer or an in-house engineer who signs the certification in
Item (ii) of Subparagraph (c) of this section.
(ii) The owner or operator shall provide
the following certification, signed and dated by a
qualified professional engineer or an in-house engineer: “I certify that the
closed vent system assessment was prepared under my direction or supervision. I
further certify that the closed vent system assessment was conducted, and this
report was prepared, pursuant to the requirements of this Part. Based on my
professional knowledge and experience, and inquiry of personnel involved in the
assessment, the certification submitted herein is true, accurate, and
complete.”
(d) An owner or operator of an
existing closed vent system shall comply with the requirements of Paragraph (5)
of Subsection B of 20.2.50.115 NMAC within three years of the effective date of
this Part and within 90 days of startup for a new closed vent system.
(6) The
owner or operator shall keep manufacturer specifications for all control
devices on file. The information shall include the unique identification
number, type of unit, manufacturer name, make, model, capacity, and destruction
or reduction efficiency data.
C. Requirements for open flares:
(a) the
flare shall be properly sized and designed to ensure proper combustion
efficiency to combust the gas sent to the flare, and combustion shall be maintained for the duration of time that gas
is sent to the flare. The owner or operator shall not send gas to the flare in excess of the manufacturer maximum rated capacity.
(b) The
owner or operator shall equip each new and existing flare (except those flares
required to meet the requirements of Subparagraph (c) of this Subsection) with
a continuous pilot flame, an operational auto-igniter, or require manual
ignition, and shall comply with the following no later than one year after the
effective date of this part, unless otherwise specified:
(i) a
flare with a continuous pilot flame or an auto-igniter shall be equipped with a
system to ensure the flare is operated with a flame present
at all times when gas is being sent to the flare.
(ii) The
owner or operator of a flare with manual ignition shall inspect and ensure a
flame is present upon initiating a flaring event.
(iii) A
new flare controlling a continuous gas stream shall be equipped with a
continuous pilot flame upon startup.
(iv) An
existing flare controlling a continuous gas stream shall be equipped with a
continuous pilot.
(c) An existing flare located at
a site with an annual average daily production of equal to or less than 10
barrels of oil per day or an average daily production of 60,000 standard cubic
feet of natural gas shall be equipped with an auto-ignitor, continuous pilot,
or technology (e.g. alarm) that alerts the owner or
operator of a flare malfunction, if replaced or reconstructed after the
effective date of this Part.
(d) The
owner or operator shall operate a flare with no visible emissions, except for
periods not to exceed a total of 30 seconds during any 15 consecutive minutes.
The flare shall be designed so that an observer can, by means of visual
observation from the outside of the flare or by other means such as a
continuous monitoring device, determine whether it is operating properly. The
observation may be terminated if visible emissions are observed and recorded and action is taken to address the visible
emissions.
(e) The owner or operator shall
repair the flare within three business days of any thermocouple or other flame
detection device alarm activation.
(2) Monitoring
requirements:
(a) the
owner or operator of a flare with a continuous pilot or auto-igniter shall
continuously monitor the presence of a pilot flame, or
presence of flame during flaring if using an auto-igniter, using a
thermocouple equipped with a continuous recorder and alarm to detect the
presence of a flame. An alternative equivalent technology alerting the owner or
operator of failure of ignition of the gas stream may be used in lieu of a
continuous recorder and alarm, if approved by the department;
(b) the
owner or operator of a manually ignited flare shall monitor the presence of a
flame using continuous visual observation during a flaring event;
(c) the
owner or operator shall, at least quarterly, and upon observing visible
emissions, perform a U.S. EPA method 22 observation while the flare pilot or
auto-igniter flame is present to certify compliance with visible emission
requirements. The observation period shall be a minimum of 15 consecutive
minutes. The observation may be terminated if visible emissions are observed
and recorded and action is taken to address the
visible emissions;
(d) prior
to an inspection or monitoring event, the owner or
operator shall date and time stamp the event, and the
required monitoring data entry shall be made in accordance with this Part; and
(e) the owner or operator shall
monitor the technology that alerts the owner or operator of a flare
malfunction and any instances of technology or alarm activation.
(3) Recordkeeping
requirements: The owner or operator of an open flare shall keep a record of the
following:
(a) any
instance of thermocouple, other approved technology, or flame detection device
alarm activation, including the date and cause of alarm activation, action
taken to bring the flare into a normal operating condition, the name of the
person(s) conducting the inspection, and any maintenance activity performed;
(b) the
results of the U.S. EPA method 22 observations;
(c) the
monitoring of the presence of a flame on a manual flare during a flaring event
as required under Subparagraph (b) of Paragraph (2) of Subsection C of
20.2.50.115 NMAC;
(d) the
results of the most recent gas analysis for the gas being flared, including VOC
content and heating value; and
(e) the
date and time stamp(s), including GPS of the location, of any monitoring event.
(4) Reporting
requirements: The owner or operator shall comply with the reporting
requirements in 20.2.50.112 NMAC.
D. Requirements for enclosed combustion devices (ECD) and thermal oxidizers (TO):
(1) Emission
standards:
(a) the
ECD/TO shall be properly sized and designed to ensure proper combustion
efficiency to combust the gas sent to the ECD/TO. The owner or operator shall
not send gas to the ECD/TO in excess of the
manufacturer maximum rated capacity.
(b) The
owner or operator shall equip each new ECD/TO with a continuous pilot flame or
an auto-igniter upon startup. Existing ECD/TO shall be equipped with a
continuous pilot flame or an auto-igniter no later than two years after the
effective date of this Part.
(c) ECD/TO
with a continuous pilot flame or an auto-igniter shall be equipped with a
system to ensure that the ECD/TO is operated with a flame
present at all times when gas is sent to the ECD/TO. Combustion shall be
maintained for the duration of time that gas is sent to the ECD/TO. New ECD/TOs
shall comply with this requirement upon startup, and existing ECD/TOs shall
comply with this requirement within 2 years of the effective date of this Part.
(d) The
owner or operator shall operate an ECD/TO with no visible emissions, except for
periods not to exceed a total of 30 seconds during any 15 consecutive minutes.
The ECD/TO shall be designed so that an observer can, by means of visual
observation from the outside of the ECD/TO or by other means such as a
continuous monitoring device, determine whether it is operating properly. The
observation may be terminated if visible emissions are observed and recorded and action is taken to address the visible
emissions.
(2) Monitoring
requirements:
(a) the
owner or operator of an ECD/TO with a continuous pilot or an auto-igniter shall
continuously monitor the presence of a pilot flame, or of a flame during
combustion if using an auto-igniter, using a thermocouple equipped with a
continuous recorder and alarm to detect the presence of a flame. An alternative
equivalent technology alerting the owner or operator of failure of ignition of
the gas stream may be used in lieu of a continuous recorder and alarm, if
approved by the department.
(b) The
owner or operator shall, at least quarterly, and upon observing visible
emissions, perform a U.S. EPA method 22 observation while the ECD/TO pilot
flame or auto-igniter flame is present to certify compliance with the visible
emission requirements. The period of observation shall be a minimum of 15
consecutive minutes. The observation may be terminated if visible emissions are
observed and recorded and action is taken to address
the visible emissions.
(c) Prior
to an inspection or monitoring event, the owner or operator shall date and time stamp the event, and the required monitoring
data entry shall be made in accordance with the
monitoring requirements of this Part.
(3) Recordkeeping
requirements: The owner or operator of
an ECD/TO shall keep records of the following:
(a) any
instance of thermocouple, other approved technology, or flame detection device
alarm activation, including the date and cause of the activation, any action
taken to bring the ECD/TO into normal operating condition, the name of the
person(s) conducting the inspection, and any maintenance activities performed;
(b) the
results of the U.S. EPA method 22 observations;
(c) the date and time stamp(s), including
GPS of the location, of any monitoring event; and
(d) the
results of the most recent gas analysis for the gas being combusted, including
VOC content and heating value.
(4) Reporting
requirements: The owner or operator
shall comply with the reporting requirements in 20.2.50.112 NMAC.
E. Requirements for vapor recovery units
(VRU):
(1) Emission
standards:
(a) the
owner or operator shall operate the VRU as a closed vent system that captures
and routes all VOC emissions directly back to the process or to a sales
pipeline and does not vent to the atmosphere.
(b) The
owner or operator shall control VOC emissions during startup, shutdown,
maintenance, or other VRU downtime with a backup control device (e.g. flare, ECD, TO) or redundant VRU during the period of
VRU downtime, unless otherwise approved in an air permit issued prior to the
effective date of this Part. Alternatively, the owner or operator may shut down
and isolate the source being controlled by the VRU. For sites that
already have a VRU installed as of the effective date of this Part, the owner
or operator shall install backup control devices or redundant VRUs within three
years of the effective date of this Part.
(2) Monitoring
Requirements:
(a) the
owner or operator shall comply with the standards for equipment leaks in
20.2.50.116 NMAC, or alternatively, shall implement a program that meets the
requirements of Subpart OOOOa of 40 CFR 60.
(b) Prior
to a VRU inspection or monitoring event, the owner or operator shall date and time stamp the event, and the required monitoring
data entry shall be made in accordance with the requirements of this Part.
(3) Recordkeeping
requirements: For a VRU inspection or
monitoring event, the owner or operator shall record the result of the event,
including the name of the person(s) conducting the inspection, any maintenance
or repair activities required, and the date and time stamp(s), including GPS of
the location, of any monitoring event. The owner or operator shall record the
type of redundant control device used during VRU downtime,
or
keep records of the source shut down and isolated and the time period during
which it was shut down, or records of compliance with an air permit issued
prior to the effective date of this Part.
(4) Reporting
requirements: The owner or operator
shall comply with the reporting requirements in 20.2.50.112 NMAC.
F. Recordkeeping requirements: In addition to the general recordkeeping
requirements of 20.2.50.112 NMAC, the owner or operator of a control device or
closed vent system shall maintain a record of the following:
(1) the
certification of the closed vent system assessment, where applicable, and as
required by this Part; and
(2) the
information required in Paragraph (6) of Subsection B of 20.2.50.115 NMAC.
G. Reporting requirements: The owner or operator shall comply with the
reporting requirements in 20.2.50.112 NMAC.
[20.2.50.115 NMAC - N, 08/05/2022]
20.2.50.116 EQUIPMENT LEAKS AND FUGITIVE EMISSIONS:
A. Applicability: Well sites, tank batteries, gathering and boosting stations, natural gas processing plants, transmission compressor stations, and associated piping and components are subject to the requirements of 20.2.50.116 NMAC. Components in water or air service are not subject to the requirements of 20.2.50.116 NMAC. The requirements of this Part may be considered in the facility-wide PTE and in determining the monitoring frequency requirements of this section.
B. Emission standards: The owner or operator of oil and gas production and processing equipment located at well sites, tank batteries, gathering and boosting stations, natural gas processing plants, or transmission compressor stations shall demonstrate compliance with this Part by performing the monitoring, recordkeeping, and reporting requirements specified in 20.2.50.116 NMAC. Tank batteries supporting multiple facilities are subject to the requirements for the most stringently regulated facility of which they are a part.
C. Default monitoring requirements: Owners and operators shall comply with the following monitoring requirements:
(1) The owner or operator of a facility with an annual average daily production or average daily throughput of greater than 10 barrels of oil per day or an average daily production of greater than 60,000 standard cubic feet per day of natural gas shall, at least weekly, conduct an external audio, visual, and olfactory (AVO) inspection of thief hatches, closed vent systems, pumps, compressors, pressure relief devices, open-ended valves or lines, valves, flanges, connectors, piping, and associated equipment to identify defects and leaking components as follows:
(a) conduct an external visual inspection for defects, which may include cracks, holes, or gaps in piping or covers; loose connections; liquid leaks; broken or missing caps; broken, cracked or otherwise damaged seals or gaskets; broken or missing hatches; or broken or open access covers or other closure or bypass devices;
(b) conduct an audio inspection for pressure leaks and liquid leaks;
(c) conduct an olfactory inspection for unusual or strong odors; and
(d) any positive detection during the AVO inspection shall be repaired in accordance with Subsection E if not repaired at the time of discovery.
(2) The
owner or operator of a facility with an annual average daily production or
average daily throughput of equal to or less than 10 barrels of oil per day or
an average daily production of equal to or less than 60,000 standard cubic feet
per day of natural gas shall, at least monthly, conduct an external audio,
visual, and olfactory (AVO) inspection of thief hatches, closed vent systems,
pumps, compressors, pressure relief devices, open-ended valves or lines,
valves, flanges, connectors, piping, and associated equipment to identify
defects and leaking components as specified in Subparagraphs (a) through (d) of
Paragraph (1) of Subsection C of 20.2.50.116 NMAC; except that an owner or
operator of a well site within 1,000 feet (as measured from the center of the well
site to the applicable structure or area of public assembly) of an occupied
area shall conduct the AVO inspection at least weekly.
(3) The owner or operator of the following facilities shall conduct an inspection using U.S. EPA method 21 or optical gas imaging (OGI) of thief hatches, closed vent systems, pumps, compressors, pressure relief devices, open-ended valves or lines, valves, flanges, connectors, piping, and associated equipment to identify leaking components at a frequency determined according to the following schedules, and upon request by the department for good cause shown:
(a) for
existing well sites and standalone tank batteries, the owner or operator shall
comply with these requirements no later than two years from the effective date of
this Part.
(b) for
well sites and standalone tank batteries:
(i) annually at facilities with a PTE less than two tpy VOC;
(ii) semi-annually at facilities with a PTE equal to or greater than two tpy and less than five tpy VOC; and
(iii) quarterly at facilities with a PTE equal to or greater than five tpy VOC.
(c) for gathering and boosting stations and natural gas processing plants:
(i) quarterly at facilities with a PTE less than 25 tpy VOC; and
(ii) monthly at facilities with a PTE equal to or greater than 25 tpy VOC.
(d) For transmission compressor stations, quarterly or in compliance with the federal equipment leak and fugitive emissions monitoring requirements of New Source Performance Standards, 40 C.F.R. Part 60, as may be revised, so long as the federal equipment leak and fugitive emissions monitoring requirements are at least as stringent as the New Source Performance Standards OOOOa, 40 CFR Part 60, in existence as of the effective date of this Part.
(e) Quarterly at well sites within 1,000 feet of an occupied area.
(f) For existing wellhead only facilities, annual inspections shall be completed on the following schedule: thirty percent by January 1, 2024; sixty-five percent by January 1, 2025; and one-hundred percent by January 1, 2026.
(g) for inactive well sites:
(i) for well sites that are inactive on or before the effective date of this Part, annually beginning within six months of the effective date of this Part;
(ii) for well sites that become inactive after the effective date of this Part, annually beginning 30 days after the site becomes an inactive well site.
(4) Inspections using U.S. EPA method 21 shall meet the following requirements:
(a) the instrument shall be calibrated before each day of use by the procedures specified in U.S. EPA method 21 and the instrument manufacturer; and
(b) a leak is detected if the instrument records a measurement of 500 ppm or greater of hydrocarbons, and the measurement is not associated with normal equipment operation, such as pneumatic device actuation and crank case ventilation.
(5) Inspections using OGI shall meet the following requirements:
(a) the instrument shall comply with the specifications, daily instrument checks, and leak survey requirements set forth in Subparagraphs (1) through (3) of Paragraph (i) of 40 CFR 60.18; and
(b) a leak is detected if the emission images recorded by the OGI instrument are not associated with normal equipment operation, such as pneumatic device actuation or crank case ventilation.
(6) Components that are difficult, unsafe, or inaccessible to monitor, as determined by the following conditions, are not required to be inspected until it becomes feasible to do so:
(a) difficult to monitor components are those that require elevating the monitoring personnel more than two meters above a supported surface;
(b) unsafe to monitor components are those that cannot be monitored without exposing monitoring personnel to an immediate danger as a consequence of completing the monitoring; and
(c) inaccessible to monitor components are those that are buried, insulated, or obstructed by equipment or piping that prevents access to the components by monitoring personnel.
(7) Owners and operators of well sites must conduct an evaluation to determine applicability of Subparagraph (e) of Paragraph (3) of Subsection C of Section 20.2.50.116 NMAC within 30 days of constructing a new well site, and within 90 days of the effective date of this Part for existing well sites.
(8) An owner or operator conducting an evaluation pursuant to Paragraph (7) of Subsection C of Section 20.2.50.116 NMAC shall measure the distance from the latitude and longitude of each well at a well site to the following points for each type of occupied area:
(a) the property line for indoor or outdoor spaces associated with a school that students use commonly as part of their curriculum or extracurricular activities and outdoor venues or recreation areas;
(b) the property line for outdoor venues or recreation areas, such as a playground, permanent sports field, amphitheater, or other similar place of outdoor public assembly;
(c) the location of a building or structure used as a place of residency by a person, a family, or families; and
(d) the location of a commercial facility with five-thousand (5,000) or more square feet of building floor area that is operating and normally occupied during working hours.
(9) Injection well sites and temporarily abandoned well sites are not subject to the leak survey requirements of Paragraphs (3) through (6) of Subsection C of 20.2.50.116 NMAC.
(10) Prior to any monitoring event, the owner or operator shall date and time stamp the monitoring event.
(1) An owner or operator may comply with an individual alternative monitoring plan, subject to the following requirements:
(a) the proposed alternative monitoring plan shall be submitted to the department on an application form provided by the department. Within 90 days of receipt, the department shall issue a letter approving or denying the requested alternative monitoring plan. An owner or operator shall comply with the default monitoring requirements of Section 20.2.50.116 NMAC and may not operate under an alternative monitoring plan until it has been approved by the department.
(b) the department may terminate an approved alternative monitoring plan if the department finds that the owner or operator failed to comply with a provision of the plan and failed to correct and disclose the violation to the department within 15 calendar days of identifying the violation.
(c) upon department denial or termination of an approved alternative monitoring plan, the owner or operator shall comply with the default monitoring requirements of Subsection C of 20.2.50.116 NMAC within 15 days.
(2) An owner or operator may comply with a pre-approved alternative monitoring plan maintained by the department, subject to the following requirements:
(a) the owner or operator shall notify the department in writing of the intent to conduct monitoring under a pre-approved alternative monitoring plan, and identify which pre-approved plan will be used, at least 15 days prior to conducting the first monitoring under that plan.
(b) the department may terminate the use of a pre-approved alternative monitoring plan by the owner or operator if the department finds that the owner or operator failed to comply with a provision of the plan and failed to correct and disclose the violation to the department within 15 calendar days of identifying the violation.
(c) upon department denial or termination of a pre-approved alternative monitoring plan, the owner or operator shall comply with the default monitoring requirements of Subsection C of 20.2.50.116 NMAC within 15 days.
E. Repair requirements: For a leak detected pursuant to monitoring conducted under 20.2.50.116 NMAC:
(1) the owner or operator shall place a visible tag on the leaking component not otherwise repaired at the time of discovery until the component has been repaired;
(2) leaks shall be repaired as soon as practicable but no later than 30 days from discovery;
(3) the equipment must be re-monitored no later than 15 days after the repair of the leak to demonstrate that it has been repaired;
(4) if the leak cannot be repaired within 30 days of discovery without a process unit shutdown, the leak may be designated “Repair delayed,” the date of the next scheduled process unit shutdown must be identified, and the leak must be repaired before the end of the scheduled process unit shutdown or within 2 years, whichever is earlier; and
(5) if the leak cannot be repaired
within 30 days of discovery due to shortage of parts, the leak may be
designated “Repair delayed,” and must be repaired within 15 days of resolution
of such shortage.
F. Recordkeeping requirements:
(1) The owner or operator shall keep a record of the following for all AVO, RM 21, OGI, or alternative equipment leak monitoring inspections conducted as required under 20.2.50.116 NMAC, and shall provide the record to the department upon request:
(a) facility location (latitude and longitude);
(b) time
and date stamp, including GPS of the location, of any monitoring;
(c) monitoring method (e.g. AVO, RM 21, OGI, approved alternative method);
(d) name of the person(s) performing the inspection;
(e) a description of any leak requiring repair or a note that no leak was found; and
(f) whether a visible tag was placed on the leak.
(2) The owner or operator shall keep the following record for any leak that is detected:
(a) the date the leak is detected;
(b) the date of attempt to repair;
(c) for a leak with a designation of “repair delayed” the following shall be recorded:
(i) reason for delay if a leak is not repaired within the required number of days after discovery. If a delay is due to a parts shortage, a record documenting the attempt to order the parts and the unavailability due to a shortage is required;
(ii) the date of next scheduled process unit shutdown by which the repair will be completed; and
(iii) name of the person(s) who determined that the repair could not be implemented without a process unit shutdown.
(d) date of successful leak repair;
(e) date
the leak was monitored after repair and the results of the monitoring; and
(f) a
description of the component that is designated as difficult, unsafe, or
inaccessible to monitor, an explanation stating why the component was so
designated, and the schedule for repairing and monitoring the component.
(3) For a leak detected using OGI, the owner or operator shall keep records of the specifications, the daily instrument check, and the leak survey requirements specified at 40 CFR 60.18(i)(1)-(3).
(4) The owner or operator shall comply with the recordkeeping requirements in 20.2.50.112 NMAC.
(1) The owner or operator shall certify the use of an alternative equipment leak monitoring plan under Subsection D of 20.2.50.116 NMAC to the department annually, if used.
(2) The owner or operator shall comply with the reporting requirements in 20.2.50.112 NMAC.
[20.2.50.116 NMAC - N, 08/05/2022]
20.2.50.117 NATURAL GAS WELL LIQUID UNLOADING:
A. Applicability: Liquid unloading
operations resulting in the venting of natural gas at natural gas wells are
subject to the requirements of 20.2.50.117 NMAC. Liquid unloading operations that do not result in the venting of
any natural gas are not subject to this Part. Owners and operators of a natural
gas well subject to this Part must comply with the standards set forth in
Paragraph (1) of Subsection B of 20.2.50.117 NMAC within two years of the
effective date of this Part.
B. Emission
standards:
(1) The owner or operator of a natural gas well shall implement at least one of the following best management practices during the life of the well to avoid the need for venting of natural gas associated with liquid unloading:
(a) use of a plunger lift;
(d) use of an automated control system; or
(e) other practices if approved by the department.
(2) The owner or operator of a natural gas well shall implement the following best management practices during venting associated with liquid unloading to minimize emissions, consistent with well site conditions and good engineering practices:
(a) reduce wellhead pressure before blowdown or venting to atmosphere;
(b) monitor manual venting associated with liquid unloading in close proximity to the well or via remote telemetry; and
(c) close vents to the atmosphere and return the well to normal production operation as soon as practicable.
C. Monitoring requirements:
(1) The owner or operator shall monitor the following parameters during venting associated with liquid unloading:
(a) wellhead pressure;
(b) flow rate of the vented natural gas (to the extent feasible); and
(c) duration of venting to the storage vessel, tank battery, or atmosphere.
(2) The owner or operator shall calculate the volume and mass of VOC emitted during a venting event associated with a liquid unloading event.
(3) The owner or operator shall comply with the monitoring requirements of 20.2.50.112 NMAC.
D. Recordkeeping requirements:
(1) The owner or operator shall keep the following records for liquid unloading:
(a) unique identification number and location (latitude and longitude) of the well;
(b) date of the unloading event;
(c) wellhead pressure;
(d) flow rate of the vented natural gas (to the extent feasible. If not feasible, the owner or operator shall use the estimated flow rate in the emission calculation);
(e) duration of venting to the storage vessel, tank battery, or atmosphere;
(f) a description of the best management practices used to minimize venting of VOC emissions during the life of the well and before and during the liquid unloading; and
(g) a calculation of the VOC emissions vented during a liquid unloading event based on the duration, calculated volume, and composition of the produced gas.
(2) The owner or operator shall comply with the recordkeeping requirements in 20.2.50.112 NMAC.
E. Reporting requirements: The owner or operator shall comply with the reporting requirements in 20.2.50.112 NMAC.
[20.2.50.117 NMAC - N, 08/05/2022]
20.2.50.118 GLYCOL DEHYDRATORS:
A. Applicability: Glycol dehydrators with a PTE equal to or greater than two tpy of VOC and located at well sites, tank batteries, gathering and boosting stations, natural gas processing plants, and transmission compressor stations are subject to the requirements of 20.2.50.118 NMAC.
B. Emission standards:
(1) Existing glycol dehydrators with a PTE equal to or greater than two tpy of VOC shall achieve a minimum combined capture and control efficiency of ninety-five percent of VOC emissions from the still vent and flash tank (if present) no later than two years after the effective date of this Part. If a combustion control device is used, the combustion control device shall have a minimum design combustion efficiency of ninety-eight percent.
(2) New
glycol dehydrators with a PTE equal to or greater than two tpy of VOC shall
achieve a minimum combined capture and control efficiency of ninety-five
percent of VOC emissions from the still vent and flash tank (if present) upon
startup. If a combustion control device
is used, the combustion control device shall have a minimum design combustion
efficiency of ninety-eight percent.
(3) The owner or operator of a glycol dehydrator shall comply with the following requirements:
(a) the still vent and flash tank emissions shall be routed at all times to the reboiler firebox, condenser, combustion control device, fuel cell, to a process point that either recycles or recompresses the VOC emissions or uses the emissions as fuel, or to a VRU that reinjects the VOC emissions back into the process stream or natural gas pipeline;
(b) if a VRU is used, it shall consist of a closed loop system of seals, ducts, and a compressor that reinjects the vapor into the process or the natural gas pipeline. The VRU shall be operational at least ninety-five percent of the time the facility is in operation, resulting in a minimum combined capture and control efficiency of ninety-five percent, which shall supersede any inconsistent requirements in 20.2.50.115 NMAC. The VRU shall be installed, operated, and maintained according to the manufacturer’s specifications; and
(c) the still vent and flash tank emissions shall not be vented directly to the atmosphere during normal operation.
(4) An owner or operator complying with the requirements in Subsection B of 20.2.50.118 NMAC through use of a control device shall comply with the requirements in 20.2.50.115 NMAC.
(5) The
requirements of Subsection B of 20.2.50.118 NMAC cease to apply when the actual
annual VOC emissions from a new or existing glycol dehydrator are less than two
tpy of VOC.
C. Monitoring requirements:
(1) The owner or operator of a glycol dehydrator shall conduct an annual extended gas analysis on the dehydrator inlet gas and calculate the uncontrolled and controlled VOC emissions in tpy.
(2) The owner or operator of a glycol dehydrator shall inspect the glycol dehydrator, including the reboiler and regenerator, and the control device or process the emissions are being routed, semi-annually to ensure it is operating as initially designed and in accordance with the manufacturer recommended operation and maintenance schedule.
(3) Prior to any monitoring event, the owner or operator shall date and time stamp the event, and the monitoring data entry shall be made in accordance with the requirements of this Part.
(4) An owner or operator complying with the requirements in Subsection B of 20.2.50.118 NMAC through the use of a control device shall comply with the monitoring requirements in 20.2.50.115 NMAC.
(5) Owners and operators shall comply with the monitoring requirements in 20.2.50.112 NMAC.
D. Recordkeeping requirements:
(1) The owner or operator of a glycol dehydrator shall maintain a record of the following:
(a) unique identification number and dehydrator location (latitude and longitude);
(b) glycol circulation rate, monthly natural gas throughput, and the date of the most recent throughput measurement;
(c) data and methodology used to estimate the PTE of VOC (must be a department approved calculation methodology);
(d) controlled and uncontrolled VOC emissions in tpy;
(e) type, make, model, and unique identification number of the control device or process the emissions are being routed;
(f) time and date stamp, including GPS of the location, of any monitoring;
(g) results of any equipment inspection, including maintenance or repair activities required to bring the glycol dehydrator into compliance; and
(h) a copy of the glycol dehydrator manufacturer specifications.
(2) An owner or operator complying with the requirements in Paragraph (1) or (2) of Subsection B of 20.2.50.118 NMAC through use of a control device as defined in this Part shall comply with the recordkeeping requirements in 20.2.50.115 NMAC.
(3) The owner or operator shall comply with the recordkeeping requirements in 20.2.50.112 NMAC.
E. Reporting requirements: The owner or operator shall comply with the reporting requirements in 20.2.50.112 NMAC.
[20.2.50.118 NMAC - N, 08/05/2022]
20.2.50.119 HEATERS:
A. Applicability: Natural gas-fired heaters with a rated heat
input equal to or greater than 20 MMBtu/hour including heater treaters, heated
flash separators, evaporator units, fractionation column heaters, and glycol
dehydrator reboilers in use at well sites, tank batteries, gathering and
boosting stations, natural gas processing plants, and transmission compressor
stations are subject to the requirements of 20.2.50.119 NMAC.
(1) Natural
gas-fired heaters shall comply with the emission limits in table 1 of 20.2.50.119 NMAC.
Table
1 - EMISSION STANDARDS FOR NOx AND CO
|
Date
of Construction: |
NOx (ppmvd
@ 3% O2) |
CO (ppmvd
@ 3% O2) |
|
Constructed
or reconstructed before the effective date of 20.2.50 NMAC |
30 |
400 |
|
Constructed
or reconstructed on or after the effective date of 20.2.50 NMAC |
30 |
400 |
(2) Existing natural gas-fired heaters shall comply with
the requirements of 20.2.50.119 NMAC no later than three years after the effective date of this Part.
(3) New
natural gas-fired heaters shall comply with the requirements of 20.2.50.119
NMAC upon startup.
C. Monitoring requirements:
(1) The owner or operator shall:
(a) conduct
emission testing for NOx and CO within 180 days of the compliance date
specified in Paragraph (2) or (3) of Subsection B of 20.2.50.119 NMAC and at
least every two years thereafter.
(b) inspect,
maintain, and repair the heater in accordance with the manufacturer
specifications at least once every two years following the applicable
compliance date specified in 20.2.50.119 NMAC. The inspection, maintenance, and
repair shall include the following:
(i) inspecting the burner and cleaning or
replacing components of the burner as necessary;
(ii) inspecting
the flame pattern and adjusting the burner as necessary to optimize the flame
pattern consistent with the manufacturer specifications;
(iii) inspecting the AFR controller and ensuring
it is calibrated and functioning properly, if present;
(iv) optimizing total emissions of CO consistent
with the NOx requirement and manufacturer specifications, and good
combustion practices; and
(v) measuring the concentrations in the
effluent stream of CO in ppmvd and O2 in volume percent before and
after adjustments are made in accordance with Subparagraph (c) of Paragraph (2)
of Subsection C of 20.2.50.119 NMAC.
(2) The owner or operator shall comply with the
following periodic testing requirements:
(a) conduct
three test runs of at least 20-minutes duration within ten percent of
one-hundred percent peak, or the highest achievable, load;
(b) determine
NOX and CO emissions and O2 concentrations in the exhaust
with a portable analyzer used and maintained in accordance with the
manufacturer specifications and following the procedures specified in the
current version of ASTM D6522;
(c) if
the measured NOX or CO emissions concentrations are exceeding the
emissions limits of table 1 of 20.2.50.119 NMAC, the owner or operator shall
repeat the inspection and tune-up in Subparagraph (b) of Paragraph (1) of
Subsection C of 20.2.50.119 NMAC within 30 days of the periodic testing; and
(d) if
at any time the heater is operated in excess of the
highest achievable load in a prior test plus ten percent, the owner or operator
shall perform the testing specified in Subparagraph (a) of Paragraph (2) of
Subsection C of 20.2.50.119 NMAC within 60 days from the anomalous operation.
(3) When
conducting periodic testing of a heater, the owner or operator shall follow the
procedures in Paragraph (2) of Subsection C of 20.2.50.119 NMAC. An owner or
operator may deviate from those procedures by submitting a written request to
use an alternative procedure to the department at least 60 days before
performing the periodic testing. In the alternative procedure request, the
owner or operator must demonstrate the alternative procedure’s equivalence to
the standard procedure. The owner or operator must receive written approval
from the department prior to conducting the periodic testing using an
alternative procedure.
(4) Prior to a monitoring event, the owner
or operator shall date and time stamp the event, and the required monitoring data entry
shall be made in accordance with this Part.
(5) The owner or operator shall
comply with the monitoring requirements of 20.2.50.112 NMAC.
D. Recordkeeping requirements: The owner or operator shall maintain a record of the following:
(1) unique identification number and
location (latitude and longitude) of the heater;
(2) summary of the complete test report and the
results of periodic testing;
(3) inspections, testing, maintenance, and repairs, which shall
include at a minimum:
(a) the date and time stamp, including
GPS of the location, of the inspection, testing, maintenance, or repair conducted;
(b) name of the person(s) conducting the
inspection, testing, maintenance, or repair;
(c) concentrations in the
effluent stream of CO in ppmv and O2 in volume percent; and
(d) the results of the inspections
and any the corrective action taken.
(4) The owner or operator shall comply with the
recordkeeping requirements in 20.2.50.112 NMAC.
E. Reporting requirements: The owner or operator shall comply with the
reporting requirements in 20.2.50.112 NMAC.
[20.2.50.119 NMAC - N, 08/05/2022]
20.2.50.120 HYDROCARBON LIQUID TRANSFERS:
A. Applicability: Hydrocarbon liquid
transfers located at existing well sites, standalone tank batteries, gathering
and boosting stations with one or more controlled storage vessels, natural gas
processing plants, or transmission compressor stations are subject to the requirements
of 20.2.50.120 NMAC within two years of the effective date of this Part.
Hydrocarbon liquid transfers at existing gathering and boosting stations
(including associated tank batteries) without any controlled storage vessels
are subject to the requirements of 20.2.50.120 NMAC on the schedule specified
in Paragraph 1 of Subsection B of 20.2.50.123 NMAC. Hydrocarbon liquid
transfers located at new well sites, standalone tank batteries, gathering and
boosting stations, natural gas processing plants, or transmission compressor
stations are subject to the requirements of 20.2.50.120 NMAC upon startup.
The following facilities and operations are not subject to the requirements of
this Section:
(1) Any
facility connected to an oil sales pipeline that is routinely used for
hydrocarbon liquid transfers;
(2) Well sites, standalone
tank batteries, gathering and boosting stations, natural gas processing plants,
or transmission compressor stations not connected to an oil sales pipeline that
load out hydrocarbon liquids to trucks fewer than thirteen (13) times in a
calendar year; and
(3) Transfers of hydrocarbon liquid from a transfer
vessel to a storage vessel subject to the emission standards in 20.2.50.123
NMAC.
B. Emission standards:
(1) The owner or operator of a hydrocarbon liquid transfer operation shall use vapor balance, vapor recovery, or a control device to control VOC emissions by at least ninety-five percent, when transferring hydrocarbon liquid from a storage vessel to a tanker truck or tanker railcar for transport. If a combustion control device is used, the combustion device shall have a minimum design combustion efficiency of ninety-eight percent.
(2) An owner, operator, or personnel conducting the hydrocarbon liquid transfer using vapor balance shall:
(a) transfer the vapor displaced from the transfer truck or railcar being loaded back to the storage vessel being emptied via a pipe or hose connected before the start of the transfer operation. If multiple storage vessels are manifolded together in a tank battery, the vapor may be routed back to any storage vessel in the tank battery;
(b) ensure that the transfer does not begin until the vapor collection and return system is properly connected;
(c) inspect connector pipes, hoses, couplers, valves, and pressure relief devices for leaks;
(d) check the hydrocarbon liquid and vapor line connections for proper connections before commencing the transfer operation; and
(e) operate transfer equipment at a pressure that is less than the pressure relief valve setting of the receiving transport vehicle or storage vessel.
(3) Connector pipes and couplers shall be inspected and maintained to ensure there are no liquid leaks.
(4) Connections of hoses and pipes used during hydrocarbon liquid transfers shall be supported on drip trays that collect any leaks, and the materials collected shall be returned to the process or disposed of in a manner compliant with state law.
(5) Liquid leaks that occur shall be cleaned and disposed of in a manner that minimizes emissions to the atmosphere, and the material collected shall be returned to the process or disposed of in a manner compliant with state law.
(6) An owner or operator complying with Paragraph (1) of Subsection B of 20.2.50.120 NMAC through use of a control device shall comply with the control device requirements in 20.2.50.115 NMAC.
C. Monitoring requirements:
(1) The owner, operator, or their designated representative shall visually inspect the hydrocarbon liquid transfer equipment monthly at staffed locations and semi-annually at unstaffed locations to ensure that hydrocarbon liquid transfer lines, hoses, couplings, valves, and pipes are not dripping or leaking. At least once per calendar year, the inspection shall occur during a transfer operation. Leaking components shall be repaired to prevent dripping or leaking before the next transfer operation, or measures must be implemented to mitigate leaks until the necessary repairs are completed.
(2) The owner or operator of a hydrocarbon liquid transfer operation controlled by a control device must follow manufacturer specifications for the device.
(3) Owners and operators complying with Paragraph (1) of Subsection B of 20.2.50.120 NMAC through use of a control device shall comply with the monitoring requirements in 20.2.50.115 NMAC.
(4) Prior to any monitoring event, the owner or operator shall date and time stamp the event, and the monitoring data entry shall be made in accordance with the requirements of this Part.
(5) The owner or operator shall comply
with the monitoring requirements in 20.2.50.112 NMAC.
D. Recordkeeping requirements:
(1) The owner or operator shall maintain a record of the following:
(a) the
location of the facility;
(b) if using a control device, the type,
make, and model of the control device;
(c) the date and time stamp, including
GPS of the location, of any inspection;
(d) the name of the person(s) conducting the inspection;
(e) a description of any problem observed during the inspection; and
(f) the results of the inspection and a description of any repair or corrective action taken.
(2) The owner or operator shall maintain a record for each site of the annual total hydrocarbon liquid transferred and annual total VOC emissions. Each calendar year, the owner or operator shall create a company-wide record summarizing the annual total hydrocarbon liquid transferred and the annual total calculated VOC emissions.
(3) The owner or operator shall comply with the recordkeeping requirements in 20.2.50.112 NMAC.
E. Reporting requirements: The owner or operator shall comply with the reporting requirements in 20.2.50.112 NMAC.
[20.2.50.120 NMAC - N, 08/05/2022]
20.2.50.121 PIG LAUNCHING AND RECEIVING:
A. Applicability: Individual pipeline pig launcher and receiver operations with a PTE equal to or greater than one tpy VOC located within the property boundary of, and under common ownership or control with, well sites, tank batteries, gathering and boosting stations, natural gas processing plants, and transmission compressor stations are subject to the requirements of 20.2.50.121 NMAC.
B. Emission standards:
(1) Owners and operators of affected pipeline pig launcher and receiver operations shall capture and reduce VOC emissions from pigging operations by at least ninety-five percent within two years of the effective date of this Part. If a combustion control device is used, the combustion device shall have a minimum design combustion efficiency of ninety-eight percent.
(2) The owner or operator conducting an affected pig launching and receiving operation shall:
(a) employ best management practices to minimize the liquid present in the pig receiver chamber and to minimize emissions from the pig receiver chamber to the atmosphere after receiving the pig in the receiving chamber and before opening the receiving chamber to the atmosphere;
(b) employ a method to minimize emissions, such as installing a liquid ramp or drain, routing a high-pressure chamber to a low-pressure line or vessel, using a ball valve type chamber, or using multiple pig chambers;
(c) recover and dispose of receiver liquid in a manner that minimizes emissions to the atmosphere to the extent practicable; and
(d) ensure that the material collected is returned to the process or disposed of in a manner compliant with state law.
(3) The emission standards in Paragraphs (1) and (2) of Subsection B of 20.2.50.121 NMAC cease to apply to an individual pipeline pig launching and receiving operation if the actual annual VOC emissions of the launcher or receiver operation are less than one tpy of VOC.
(4) An owner or operator complying with Paragraphs (1) or (2) of Subsection B of 20.2.50.121 NMAC through use of a control device shall comply with the control device requirements in 20.2.50.115 NMAC.
C. Monitoring requirements:
(1) The owner or operator of an affected pig launching and receiving site shall inspect the equipment for leaks using AVO, RM 21, or OGI on either:
(a) a monthly basis if pigging operations at a site occur on a monthly basis or more frequently; or
(b) prior to the commencement and after the conclusion of the pig launching or receiving operation, if less frequent.
(2) The monitoring shall be performed using the methodologies outlined in Subsection C of 20.2.50.116 NMAC as applicable and at the frequency required in Paragraph (1) of Subsection C of 20.2.50.121 NMAC. The monitoring shall be performed when the pig trap is under pressure.
(3) An owner or operator complying with Paragraphs (1) or (2) of Subsection B of 20.2.50.121 NMAC through use of a control device shall comply with the monitoring requirements in 20.2.50.115 NMAC.
(4) The owner or operator shall comply with the monitoring requirements in 20.2.50.112 NMAC.
D. Recordkeeping requirements: In addition to complying with the recordkeeping requirements in 20.2.50.112 NMAC, the owner or operator of an affected pig launching and receiving site shall maintain a record of the following:
(1) the pigging operation, including the location, date, and time of the pigging operation;
(2) the data and methodology used to estimate the actual emissions to the atmosphere and used to estimate the PTE;
(3) date and time of any monitoring and the results of the monitoring; and
(4) the type of control device and its make and model.
E. Reporting requirements: The owner or operator shall comply with the reporting requirements in 20.2.50.112 NMAC.
[20.2.50.121 NMAC - N, 08/05/2022]
20.2.50.122 PNEUMATIC CONTROLLERS AND PUMPS:
(1) A new natural gas-driven pneumatic controller or pump shall comply with the requirements of 20.2.50.122 NMAC upon startup.
(2) An existing natural gas-driven pneumatic pump shall comply with the requirements of 20.2.50.122 NMAC within three years of the effective date of this Part.
Table
1 – WELL SITES, STANDALONE TANK BATTERIES, GATHERING AND BOOSTING STATIONS
|
Total Required Percentage of Non-Emitting
Controllers by January 1, 2024 |
Total Required Percentage of Non-Emitting
Controllers by January 1, 2027 |
Total Required Percentage of Non-Emitting
Controllers by January 1, 2030 |
|
|
> 75% |
80% |
85% |
90% |
|
> 60-75% |
80% |
85% |
90% |
|
> 40-60% |
65% |
70% |
80% |
|
> 20-40% |
45% |
70% |
80% |
|
0-20% |
25% |
65% |
80% |
Table
2 – TRANSMISSION COMPRESSOR STATIONS AND GAS PROCESSING PLANTS
|
Total Historic
Percentage of Non-Emitting Controllers |
Total Required
Percentage of Non-Emitting Controllers by January 1, 2024
|
Total Required Percentage
of Non-Emitting Controllers by January 1, 2027 |
Total Required
Percentage of Non-Emitting Controllers by January 1, 2030 |
|
>
75% |
80% |
95% |
98% |
|
>
60-75% |
80% |
95% |
98% |
|
>
40-60% |
65% |
95% |
98% |
|
>
20-40% |
50% |
95% |
98% |
|
0-20% |
35% |
95% |
98% |
(4) Standards for natural gas-driven pneumatic controllers:
(a) new pneumatic controllers shall have an emission rate of zero. A natural gas driven pneumatic controller replacing an existing natural gas driven pneumatic controller at an existing facility is an existing pneumatic controller for purposes of Section 20.2.50.122 NMAC.
(b) owners
and operators of existing pneumatic controllers shall meet the
required percentage of non-emitting controllers within the deadlines in tables
1 and 2 of Paragraph (3) of Subsection B of 20.2.50.122 NMAC, and shall comply
with the following:
(i) by July 1, 2023, the owner or operator shall determine the total controller count for all controllers subject to each table separately at all of the owner or operator’s affected facilities that commenced construction before the effective date of this Part. The total controller count for each table must include all emitting pneumatic controllers and all non-emitting pneumatic controllers, except that pneumatic controllers necessary for a safety or process purpose that cannot otherwise be met without emitting natural gas shall not be included in the total controller count. This final number is the total historic controller count. Controllers identified as required for a safety or process purpose after July 1, 2023, shall not affect the total historic controller count.
(ii) determine which controllers in the total controller count for each table are non-emitting and sum the total number of non-emitting controllers and designate those as total historic non-emitting controllers.
(iii) determine the total historic non-emitting percent of controllers for each table by dividing the total historic non-emitting controller count by the total historic controller count and multiplying by 100.
(iv) based on the percent calculated in (iii) above for each table, the owner or operator shall determine which provisions of tables 1 and 2 of Paragraph (3) of Subsection B of 20.2.50.122 NMAC apply and the replacement schedule the owner or operator must meet.
(v) if an owner or operator meets at least seventy-five percent total non-emitting controllers using the calculation methodology in Subparagraph (b) of Paragraph (4) of Subsection B of 20.2.50.122 NMAC by January 1, 2025, for either or both table 1 or table 2, the owner or operator is not thereafter subject to the requirements of tables 1 and/or 2 of Paragraph (3) of Subsection B of 20.2.50.122 NMAC.
(vi) if after January 1, 2027, an owner or operator’s remaining pneumatic controllers are not cost-effective to retrofit, the owner or operator may submit a cost analysis of retrofitting those remaining units to the department. The department shall review the cost analysis and determine whether those units qualify for a waiver from meeting additional retrofit requirements.
(i) determine which controllers are emitting (excluding pneumatic controllers necessary for safety or process reasons pursuant to Subparagraph (d) of Paragraph (4) of Subsection B of 20.2.50.122 NMAC) and sum the total number of emitting controllers for table 1 and table 2 facilities separately.
Total Percentage of Non-Emitting Controllers =
100 – ((total emitting controllers / total historic controller count) x 100)
(d) No later than January 1, 2024, a pneumatic controller with a bleed rate greater than six standard cubic feet per hour is permitted when the owner or operator has demonstrated that a higher bleed rate is required based on functional needs, including response time, safety, and positive actuation. An owner or operator that seeks to maintain operation of an emitting pneumatic controller as excepted for process or safety reasons under Subparagraph (a)(i) of Paragraph (4) of Subsection B of 20.2.50.122 NMAC must prepare and document the justification for the safety or process purpose prior to the installation of a new emitting controller or the retrofit of an existing controller. The justification shall be certified by a qualified professional or inhouse engineer.
(e) Temporary pneumatic controllers that emit natural gas and are used for well abandonment activities or used prior to or through the end of flowback, and pneumatic controllers used as emergency shutdown devices located at a well site, are not subject to the requirements of Subsection B of 20.2.50.122 NMAC.
(f) Temporary or portable pneumatic
controllers that emit natural gas and are on-site for less than 90 days are not
subject to the requirements of Subsection B of 20.2.50.122 NMAC.
(5) Standards for natural gas-driven pneumatic diaphragm pumps:
(a) new pneumatic diaphragm pumps located at natural gas processing plants shall have an emission rate of zero.
(b) new pneumatic diaphragm pumps located at well sites, tank batteries, gathering and boosting stations, or transmission compressor stations with access to commercial line electrical power shall have an emission rate of zero.
(c) existing pneumatic diaphragm pumps located at well sites, tank batteries, gathering and boosting stations, natural gas processing plants, or transmission compressor stations with access to commercial line electrical power shall have an emission rate of zero within two years of the effective date of this Part.
(d) owners and operators of pneumatic diaphragm pumps located at well sites, tank batteries, gathering and boosting stations, or transmission compressor stations without access to commercial line electrical power shall reduce VOC emissions from the pneumatic diaphragm pumps by ninety-five percent if it is technically feasible to route emissions to a control device, fuel cell, or process. If there is a control device available onsite but it is unable to achieve a ninety-five percent emission reduction, and it is not technically feasible to route the pneumatic diaphragm pump emissions to a fuel cell or process, the owner or operator shall route the pneumatic diaphragm pump emissions to the control device within two years of the effective date of this Part.
C. Monitoring requirements:
(1) Pneumatic controllers or diaphragm pumps not using natural gas or other hydrocarbon gas as a motive force are not subject to the monitoring requirements in Subsection C of 20.2.50.122 NMAC.
(2) No later than January 1, 2023, the owner or operator of a facility with one or more natural gas-driven pneumatic controllers subject to the deadlines set forth in tables 1 and 2 of Paragraph (3) of Subsection B of 20.2.50.122 NMAC shall monitor the compliance status of each subject pneumatic controller at each facility.
(3) The owner or operator of a natural gas-driven pneumatic controller shall, on a monthly basis, conduct an AVO or OGI inspection, and shall also inspect the pneumatic controller, perform necessary maintenance (such as cleaning, tuning, and repairing a leaking gasket, tubing fitting and seal; tuning to operate over a broader range of proportional band; eliminating an unnecessary valve positioner), and maintain the pneumatic controller according to manufacturer specifications to ensure that the VOC emissions are minimized.
(4) Within two years of the effective date of this Part, the owner or operator’s data systems shall contain the following for each in-service natural gas-driven pneumatic controller:
(a) natural gas-driven pneumatic controller unique identification number;
(b) type of controller (continuous or intermittent);
(c) if continuous, design continuous bleed rate in standard cubic feet per hour;
(d) if intermittent, bleed volume per intermittent bleed in standard cubic feet; and
(e) if continuous, design annual bleed rate in standard cubic feet per year.
(5) Upon the effective date specified for the facility in 20.2.50.116 NMAC, the owner or operator of a natural gas-driven pneumatic diaphragm pump shall, on a monthly basis, conduct an AVO or OGI inspection and shall also inspect the pneumatic pump and perform necessary maintenance, and maintain the pneumatic pump according to manufacturer specifications to ensure that the VOC emissions are minimized.
(6) The
owner or operator of a natural gas-driven pneumatic controller shall comply
with the requirements in Paragraph (3) of Subsection C or Subsection D of
20.2.50.116 NMAC applicable to the facility type at which the pneumatic
controller is installed on the effective date specified in 20.2.50.116 NMAC.
During instrument inspections, operators shall use RM 21, OGI, or alternative
instruments used under Subsection D of 20.2.50.116 NMAC to verify that intermittent
controllers are not emitting when not actuating. Any intermittent controller
emitting when not actuating shall be repaired consistent with Subsection E of
20.2.50.116 NMAC.
(7) Prior to any monitoring event, the owner or operator shall date and time stamp the event, and the monitoring data entry shall be made in accordance with the requirements of this Part.
(8) The owner or operator shall comply with the monitoring requirements in 20.2.50.112 NMAC.
D. Recordkeeping requirements:
(1) Non-emitting pneumatic controllers and diaphragm pumps are not subject to the recordkeeping requirements in Subsection D of 20.2.50.122 NMAC.
(2) The owner or operator shall maintain a record of the total controller count for all controllers at all of the owner or operator’s affected facilities that commenced operation before the effective date of this Part. The total controller count must include all emitting and non-emitting pneumatic controllers.
(3) The owner or operator shall maintain a record of the total count of natural gas-driven pneumatic controllers necessary for a safety or process purpose that cannot otherwise be met without emitting VOC.
(4) The owner or operator of a natural gas-driven pneumatic controller subject to the requirements in tables 1 and 2 of Paragraph (3) of Subsection B of 20.2.50.122 NMAC shall generate a schedule for meeting the compliance deadlines for each pneumatic controller. The owner or operator shall keep a record of the compliance status of each subject controller. On or before January 1, 2024, January 1, 2027 and January 1, 2030, the owner or operator shall make and retain the compliance demonstration set forth in Subparagraph (c) of Paragraph (4) of Subsection B of 20.2.50.122 NMAC.
(5) The owner or operator shall maintain an electronic record for each natural gas-driven pneumatic controller. The record shall include the following:
(a) pneumatic controller unique identification number;
(b) time and date stamp, including GPS of the location, of any monitoring;
(c) name of the person(s) conducting the inspection;
(d) AVO or OGI inspection result;
(e) AVO or OGI level discrepancy in continuous or intermittent bleed rate;
(f) record of the controller type, bleed rate, or bleed volume required in Subparagraphs (b), (c), (d), and (e) of Paragraph (4) of Subsection C of 20.2.50.122 NMAC.
(g) maintenance date and maintenance activity; and
(h) a record of the justification and
certification required in Subparagraph (c) of
Paragraph (4) of Subsection B of 20.2.50.122 NMAC.
(6) The owner or operator of a natural gas-driven pneumatic controller with a bleed rate greater than six standard cubic feet per hour shall maintain a record documenting why a bleed rate greater than six scf/hr is necessary, as required in Subsection B of 20.2.50.122 NMAC. This demonstration shall be completed by July 1, 2023 for controllers with a bleed rate greater than six scf/hr and as necessary for controllers with a bleed rate less than or equal to six scf/hr.
(7) The owner or operator shall maintain a record for a natural gas-driven pneumatic pump with an emission rate greater than zero and the associated pump number at the facility. The record shall include:
(a) for a natural gas-driven pneumatic diaphragm pump in operation less than 90 days per calendar year, a record for each day of operation during the calendar year.
(b) a record of any control device designed to achieve at least ninety-five percent emission reduction, including an evaluation or manufacturer specifications indicating the percentage reduction the control device is designed to achieve.
(c) records of the engineering assessment and certification by a qualified professional or inhouse engineer that routing pneumatic pump emissions to a control device, fuel cell, or process is technically infeasible.
(8) The owner or operator shall comply with the recordkeeping requirements in 20.2.50.112 NMAC.
E. Reporting requirements: The owner or operator shall comply with the reporting requirements in 20.2.50.112 NMAC.
[20.2.50.122 NMAC - N, 08/05/2022]
20.2.50.123 STORAGE VESSELS
A. Applicability: New storage vessels with a PTE equal to or greater than two tpy of VOC, existing storage vessels with a PTE equal to or greater than three tpy of VOC in multi-tank batteries, and existing storage vessels with a PTE equal to or greater than four tpy of VOC in single tank batteries are subject to the requirements of 20.2.50.123 NMAC. Storage vessels in multi-tank batteries manifolded together such that all vapors are shared between the headspace of the storage vessels and are routed to a common outlet or endpoint may determine an individual storage vessel PTE by averaging the emissions across the total number of storage vessels. Storage vessels associated with produced water management units are required to comply with this Section to the extent specified in Subsection B of Section 20.2.50.126 NMAC.
B. Emission standards:
(1) An
existing storage vessel subject to this Section shall have a combined capture
and control of VOC emissions of at least ninety-five percent according to the
following schedule. If a combustion control device is used, the combustion
device shall have a minimum design combustion efficiency of ninety-eight
percent.
(a) By January 1, 2025, an owner or operator shall ensure at least 30% of the company’s existing storage vessels are controlled;
(b) By January 1, 2027, an owner or operator shall ensure at least an additional 35% of the company’s existing storage vessels are controlled; and
(c) By
January 1, 2029, an owner or operator shall ensure the company’s remaining
existing storage vessels are controlled.
(2) A new storage vessel subject to this Section shall have a combined capture and control of VOC emissions of at least ninety-five percent upon startup. If a combustion control device is used, the combustion device shall have a minimum design combustion efficiency of ninety-eight percent.
(3) The emission standards in Subsection B of 20.2.50.123 NMAC cease to apply to a storage vessel if the actual annual VOC emissions decrease to less than two tpy.
(4) If a control device is not installed by the date specified in Paragraphs (1) and (2) of Subsection B of 20.2.50.123 NMAC, an owner or operator may comply with Subsection B of 20.2.50.123 NMAC by shutting in the well supplying the storage vessel by the applicable date, and not resuming production from the well until the control device is installed and operational.
(5) The owner or operator of a new or existing storage vessel with a thief hatch shall ensure that the thief hatch is capable of opening sufficiently to relieve overpressure in the vessel and to automatically close once the vessel overpressure is relieved. Any pressure relief device installed must automatically close once the vessel overpressure is relieved.
(6) An owner or operator complying with Paragraphs (1) and (2) of Subsection B of 20.2.50.123 NMAC through use of a control device shall comply with the control device operational requirements in 20.2.50.115 NMAC.
(1) The owner or operator shall keep thief hatches (or other access points to the vessel) and pressure relief devices on storage vessels closed and latched during activities to determine the quantity of liquids in the storage vessel(s), except as necessary for custody transfer. Tank batteries equipped with LACT units shall use the LACT unit measurements in lieu of field testing of quantity and quality except in case of malfunction. Nothing in this paragraph shall be construed to prohibit the opening of thief hatches, pressure relief devices, or any other openings or access points to perform maintenance or similar activities designed to ensure the safety or proper operation of the storage vessel(s) or related equipment or processes. Where opening a thief hatch is necessary, owners and operators of new and existing storage vessels shall minimize the time the thief hatch is open.
(2) The owner or operator may inspect, test, and calibrate the storage vessel measurement system either semiannually, or as directed by the Bureau of Land Management (see 43 C.F.R. Section 374.6(b)(5)(ii)(B) (November 17, 2016)) or system manufacturer. Opening a thief hatch if required to inspect, test, or calibrate the vessel measurement system is not a violation of Paragraph (1) of this Subsection.
(3) The owner or operator shall install signage at or near the storage vessel that indicates which equipment and method(s) are used and the appropriate and necessary operating procedures for that system.
(4) The owner or operator shall develop and implement an annual training program for employees and third parties conducting activities subject to this Subsection that includes, at a minimum, operating procedures for each type of system.
(5) The owner or operator must make and retain the following records for at least two years and make such records available to the department upon request:
(a) date of construction of the storage vessel or facility;
(b) description of the storage vessel measurement system used to comply with this Subsection;
(c) date(s) of storage vessel measurement system inspections, testing, and calibrations that require opening the thief hatch pursuant to Paragraph (1) of this Subsection;
(d) manufacturer specifications regarding storage vessel measurement system inspections and/or calibrations, if followed pursuant to Paragraph (2) of this Subsection; and
(e) records of the annual training program, including the date and names of persons trained.
D. Monitoring requirements: No later than January 1, 2023, the owner or operator of a storage vessel shall:
(1) on a monthly basis, monitor, calculate, or estimate, the total monthly liquid throughput (in barrels) and the upstream separator pressure (in psig) if the storage vessel is directly downstream of a separator. When a storage vessel is unloaded less frequently than monthly, the throughput and separator pressure monitoring shall be conducted before the storage vessel is unloaded;
(2) conduct an AVO inspection on a weekly basis. If the storage vessel is unloaded less frequently than weekly, the AVO inspection shall be conducted before the storage vessel is unloaded;
(4) prior to any monitoring event, date and time stamp the event and enter the monitoring data in accordance with the requirements of this Part;
(5) comply with the monitoring requirements in 20.2.50.115 NMAC if using a control device to comply with the requirements in Paragraphs (1) and (2) of Subsection B of 20.2.50.123 NMAC; and
(6) comply with the monitoring
requirements of 20.2.50.112 NMAC.
E. Recordkeeping requirements: No later than January 1, 2023, the owner or operator of a storage vessel shall comply with the following requirements:
(1) Monthly, maintain a record for each storage vessel of the following:
(a) unique identification number and location (latitude and longitude);
(b) monitored, calculated, or estimated monthly liquid throughput;
(c) the upstream separator pressure, if a separator is present;
(d) the data and methodology used to calculate the actual emissions of VOC (tpy);
(e) the controlled and uncontrolled VOC emissions (tpy); and
(f) the type, make, model, and identification number of any control device.
(3) Make a record of the inspections required in Subsections C and D of 20.2.50.123 NMAC, including:
(a) the date and time stamp, including GPS of the location, of the inspection;
(b) the person(s) conducting the inspection;
(c) a description of any problem observed during the inspection; and
(d) a description and date of any corrective action taken.
(4) Comply with the recordkeeping requirements in 20.2.50.115 NMAC if complying with the requirements in Paragraphs (1) and (2) of Subsection B of 20.2.50.123 NMAC through use of a control device.
(5) The owner or operator shall comply with the recordkeeping requirements in 20.2.50.112 NMAC.
F. Reporting requirements:
(1) An owner or operator complying with the requirements in Paragraphs (1) and (2) of Subsection B of 20.2.50.123 NMAC through use of a control device shall comply with the reporting requirements in 20.2.50.115 NMAC.
(2) The owner or operator shall comply with the reporting requirements in 20.2.50.112 NMAC.
[20.2.50.123 NMAC - N, 08/05/2022]
A. Applicability: Workovers performed at oil and natural gas wells are subject to the requirements of 20.2.50.124 NMAC as of the effective date of this Part.
B. Emission standards: The owner or operator of an oil or natural gas well shall use the following best management practices during a workover to minimize emissions, consistent with the well site condition and good engineering or operational practices:
(1) reduce wellhead pressure before blowdown to minimize the volume of natural gas vented;
(2) monitor manual venting at the well until the venting is complete; and
(3) route natural gas to the sales line, if possible.
C. Monitoring requirements:
(1) The owner or operator shall monitor the following parameters during a workover:
(a) wellhead pressure;
(b) flow rate of the vented natural gas (to the extent feasible); and
(c) duration of venting to the atmosphere.
(2) The owner or operator shall calculate the estimated volume and mass of VOC vented during a workover.
(3) The owner or operator shall comply with the monitoring requirements in 20.2.50.112 NMAC.
D. Recordkeeping requirements:
(1) The owner or operator shall keep the following record for a workover:
(a) unique identification number and location (latitude and longitude) of the well;
(b) date the workover was performed;
(c) wellhead pressure;
(d) flow rate of the vented natural gas to the extent feasible, and if measurement of the flow rate is not feasible, the owner or operator shall use the maximum potential flow rate in the emission calculation;
(e) duration of venting to the atmosphere;
(f) description of the best management practices used to minimize release of VOC emissions before and during the workover;
(g) calculation of the estimated VOC emissions vented during the workover based on the duration, volume, and gas composition; and
(h) the method of notification to the public and proof that notification was made to the affected public.
(2) The owner or operator shall comply with the recordkeeping requirements in 20.2.50.112 NMAC.
E. Reporting requirements:
(1) The owner or operator shall comply with the reporting requirements in 20.2.50.112 NMAC.
(2) If it is not feasible to prevent VOC emissions from being emitted to the atmosphere from a workover event, the owner or operator shall notify by certified mail, or by other effective means of notice so long as the notification can be documented, all residents located within one-quarter mile of the well of the planned workover at least three calendar days before the workover event.
(3) If the workover is needed for
routine or emergency downhole maintenance to restore production lost due to
upsets or equipment malfunction, the owner or operator shall notify all
residents located within one-quarter mile of the well of the planned workover
at least 24 hours before the workover event.
[20.2.50.124 NMAC - N, 08/05/2022]
20.2.50.125 SMALL BUSINESS FACILITIES
B. General requirements:
(1) The owner or operator shall ensure that all equipment is operated and maintained consistent with manufacturer specifications, and good engineering and maintenance practices. The owner or operator shall keep manufacturer specifications and maintenance practices on file and make them available to the department upon request.
(2) The owner or operator shall calculate the VOC and NOx emissions from the facility on an annual basis. The calculation shall be based on the actual production or processing rates of the facility.
(3) The owner or operator shall maintain a database of company-wide VOC and NOx emission calculations for all subject facilities and associated equipment and shall update the database annually.
(4) The owner or operator shall comply with Paragraph (9) of Subsection A of 20.2.50.112 NMAC if requested by the department.
D. Repair requirements: The owner or operator shall comply with the requirements of Subsection E of 20.2.50.116 NMAC.
E. Recordkeeping requirements: The owner or operator shall maintain the following electronic records for each facility:
(1) annual certification that the small business facility meets the definition in this Part;
(2) calculated annual VOC and NOx emissions from each facility and the company-wide annual VOC and NOx emissions for all subject facilities; and
(3) records as required under Subsection F of 20.2.50.116 NMAC.
F. Reporting requirements: The owner or operator shall submit to the department an initial small business certification within sixty days of the effective date of this Part, and by March 1 of each calendar year thereafter. The certification shall be made on a form provided by the department. The owner or operator shall comply with the reporting requirements in 20.2.50.112 NMAC.
G. Failure to comply with 20.2.50.125 NMAC: Notwithstanding the provisions of Section 20.2.50.125 NMAC, a source that meets the definition of a small business facility can be required to comply with the other Sections of 20.2.50 NMAC if the Secretary finds based on credible evidence that the source (1) presents an imminent and substantial endangerment to the public health or welfare or to the environment; (2) is not being operated or maintained in a manner that minimizes emissions of air contaminants; or (3) has violated any other requirement of 20.2.50.125 NMAC.
[20.2.50.125 NMAC - N, 08/05/2022]
20.2.50.126 PRODUCED WATER MANAGEMENT UNITS
A. Applicability: Produced water management units as defined in this Part and their associated storage vessels are subject to 20.2.50.126 NMAC and shall comply with these requirements no later than 180 days after the effective date of this Part.
B. Emission standards:
(1) The owner or operator shall use good operational or engineering practices to minimize emissions of VOC from produced water management units (PWMU) and their associated storage vessels.
(2) The owner or operator shall not allow any transfer of untreated produced water to a PWMU without first processing and treating the produced water in a separator and/or storage vessel to minimize entrained hydrocarbons.
(3) Within two years of the effective date of this Part for storage vessels associated with existing PWMUs, or upon startup for storage vessels associated with new PWMUs, the owner or operator shall either:
(a) control such storage vessels in accordance with the requirements of Section 20.2.50.123 NMAC that are applicable to tank batteries; or
(b) submit a VOC minimization plan to the department demonstrating that controlling VOC emissions from storage vessels associated with the PWMU in accordance with the requirements of Section 20.2.50.123 NMAC is technically infeasible without supplemental fuel. The plan shall state the good operational or engineering practices used to minimize VOC emissions. The plan shall be enforceable by the department upon submission. The department may require revisions to the plan, and must approve any proposed revisions to the plan.
C. Monitoring requirements: The owner or operator shall:
(1) develop a protocol to calculate the VOC emissions from each PWMU. The protocol shall include at a minimum: produced water throughput monitoring, semi-annual sampling and analysis of the liquid composition, hydrocarbon measurement method(s), representative sample size, and sample chain of custody requirements.
(2) calculate the monthly total VOC emissions in tons from each unit with the first month of emission calculations beginning within 180 days of the effective date of this Part;
(3) monthly, monitor the best management and good operational or engineering practices implemented to reduce emissions at each unit to ensure and demonstrate their effectiveness;
(4) upon written request by the department, sample the PWMU to determine the VOC content of the liquid; and
(5) comply with the monitoring requirements of 20.2.50.112 NMAC.
D. Recordkeeping requirements:
(1) The owner or operator shall maintain the following electronic records for each PWMU:
(a) unique identification number and UTM coordinates of the PWMU;
(b) the good operational or engineering practices used to minimize emissions of VOC from the PWMU;
(d) the annual total VOC emissions from each PWMU.
(2) The owner or operator shall comply with the recordkeeping requirements in 20.2.50.112 NMAC.
E. Reporting requirements: The owner or operator shall comply with the reporting requirements in 20.2.50.112 NMAC.
[20.2.50.126 NMAC - N, 08/05/2022]
20.2.50.127 FLOWBACK
VESSELS AND PREPRODUCTION OPERATIONS
A. Applicability: Wells undergoing recompletions and new wells being completed at an existing wellhead site are subject to the requirements of 20.2.50.127 NMAC one year after the effective date of this Part. New wells constructed at a new wellhead site that commence completion or recompletion on or after the effective date of this Part are subject to the requirements of 20.2.50.127 NMAC.
B. Emissions standards:
(1) The owner or operator of a well that begins flowback on or after the effective date of this Part must collect and control emissions from each flowback vessel on and after the date flowback is routed to the flowback vessel by routing emissions to an operating control device that achieves a hydrocarbon control efficiency of at least ninety-five percent. If a TO or ECD is used, it must have a design destruction efficiency of at least ninety-eight percent for hydrocarbons.
(2) The owner or operator shall ensure that a control device used to comply with the emission standards in 20.2.50.127 NMAC operates as a closed vent system that captures and routes VOC emissions to the control device, and that unburnt gas is not directly vented to the atmosphere.
(3) Flowback vessels shall be inspected, tested, and refurbished where necessary to ensure the flowback vessel is in compliance with Paragraph (2) of Subsection B of 20.2.50.127 NMAC prior to receiving flowback.
(4) The owner or operator shall use a vessel measurement system to determine the quantity of liquids in the flowback vessel(s).
(5) Thief hatches or other access points to the flowback vessel(s) must remain closed and latched during activities to determine the quantity of liquids in the flowback.
(6) Opening the thief hatch or other access point if required to inspect, test, or calibrate the vessel measurement system, or to add biocides or chemicals, is not a violation of Paragraph 2 of Subsection B of 20.2.50.127 NMAC.
C. Monitoring requirements: The owner or operator of a well with flowback that begins on or after the effective date of this Part shall conduct daily visual inspections of the flowback vessel and any associated equipment. Such inspections shall include:
(1) visual inspection of any thief hatch, pressure relief valve, or other access point to ensure that they are closed and properly seated;
(2) visual inspection or monitoring of the control device to ensure that it is operating; and
(3) visual inspection of the control device to ensure that the valves for the piping from the flowback vessel to the control device are open.
D. Recordkeeping requirements:
(1) The owner or operator of each flowback vessel subject to the emissions standards in Subsection B of 20.2.50.127 NMAC shall maintain the following records:
(a) the API number of the well and the associated facility location, including latitude and longitude coordinates;
(b) the date and time of the onset of flowback;
(c) the date and time that the flowback vessels were permanently disconnected, if applicable;
(d) the date and duration of any period where the control device was not operating; and
(e) records of the inspections required in Subsection C of 20.2.50.127 NMAC, including the following:
(i) time and date of each inspection;
(ii) a description of any problems observed;
(iii) a description of any corrective action(s) taken; and
(iv) the name and position of the person performing the corrective action(s).
(2) The
owner or operator shall comply with the recordkeeping requirements in
20.2.50.112 NMAC.
E. Reporting requirements: The owner or operator shall comply with the reporting requirements in 20.2.50.112 NMAC.
[20.2.50.127 NMAC - N, 08/05/2022]
20.2.50.128 PROHIBITED ACTIVITY AND
CREDIBLE EVIDENCE
A. Failure to comply with the emissions standards, monitoring, recordkeeping, reporting or other requirements of this Part within the timeframes specified shall constitute a violation of this Part subject to enforcement action under Section 74-2-12 NMSA 1978.
B. If credible evidence or information obtained by the department or provided to the department by a third party indicates that a source is not in compliance with the provisions of this Part that evidence or information may be used by the department for purposes of establishing whether a person has violated or is in violation of this Part.
[20.2.50.128 NMAC - N, 08/05/2022]
HISTORY OF 20.2.50 NMAC: [RESERVED]