TITLE 20 ENVIRONMENTAL PROTECTION
CHAPTER 11 ALBUQUERQUE
- BERNALILLO COUNTY AIR QUALITY CONTROL BOARD
PART 47 EMISSIONS INVENTORY REQUIREMENTS
20.11.47.1 ISSUING AGENCY:
Albuquerque-Bernalillo County Air Quality Control Board, c/o
Environmental Health Department, P.O. Box 1293, Albuquerque, New Mexico
87103. Telephone: (505) 768-2601.
[20.11.47.1 NMAC -
N, 5/1/08]
20.11.47.2 SCOPE:
20.11.47 NMAC applies to each person who owns or operates a source or
who intends to construct or modify a source within Bernalillo county, but does
not apply to sources in Bernalillo county that are located on Indian lands over
which the Albuquerque-Bernalillo county air quality control board lacks
jurisdiction.
[20.11.47.2 NMAC -
N, 5/1/08]
20.11.47.3 STATUTORY AUTHORITY: 20.11.47 NMAC is adopted pursuant to the
authority provided in the New Mexico Air Quality Control Act, NMSA 1978
Sections 74-2-4, 74-2-5.C; the Joint Air Quality Control Board Ordinance,
Bernalillo County Ordinance 94-5 Section 4; and the Joint Air Quality Control
Board Ordinance, Revised Ordinances of Albuquerque ROA 1994 Section 9-5-1-4.
[20.11.47.3 NMAC - N, 5/1/08]
20.11.47.4 DURATION: Permanent.
[20.11.47.4 NMAC - N, 5/1/08]
20.11.47.5 EFFECTIVE DATE: May
1, 2008 except where a later date is cited at the end of a section.
[20.11.47.5 NMAC -
N, 5/1/08]
20.11.47.6 OBJECTIVE: To
establish requirements for the submission of certain relevant information to
ensure that the regulations and standards under the Air Quality Control Act and
the federal act will not be violated.
[20.11.47.6 NMAC -
N, 5/1/08; A, 11/12/12]
20.11.47.7 DEFINITIONS: In
addition to the definitions in 20.11.47 NMAC, the definitions in 20.11.1 NMAC
apply unless there is a conflict between definitions, in which case the
definition in 20.11.47 NMAC shall govern.
A. “Actual emissions”
means the quantified emissions of a regulated air pollutant from a stationary
source for every 12-month period. Valid
continuous emission monitoring data or source test data shall be preferentially
used to determine actual emissions. In
the absence of valid continuous emissions monitoring data or source test data,
the basis for determining actual emissions shall be quantified using actual
operating hours, production rates, throughputs of process materials,
throughputs of materials stored, usage of materials, data provided in
manufacturer's product specifications, material volatile organic compound (VOC)
content reports, laboratory analyses, or any other technically acceptable data
as approved by the department in advance and in writing. All calculations of actual emissions shall
use USEPA or department approved methods including emission factors and
assumptions.
B. “Air pollution control equipment” means any device,
equipment, process or combination thereof the operation of which would limit,
capture, reduce, confine, or otherwise control regulated air pollutants or
convert for the purposes of control any regulated air pollutant to another
form, another chemical or another physical state.
C. Reserved
D. Reserved
E. “Commencement” or
“commence” means that an owner or operator has undertaken a continuous
program of construction or modification.
F. “Construction” means fabrication, erection,
installation or relocation of a stationary source, including temporary
installations and portable stationary sources.
G. “Emissions report” or “emissions inventory”
means a listing, by source, of the amount of regulated air pollutants discharged
into the atmosphere.
H. “Fuel carbon content” means the mass of
carbon per unit of heat content of a fuel.
I. “Fugitive emissions” are those emissions that could
not reasonably pass through a stack, chimney, vent, or other
functionally-equivalent opening.
J. Reserved
K. Reserved
L. Reserved
M. Reserved
N. “Modification” means any physical change in, or
change in the method of operation of, a stationary source that results in an
increase in the potential emission rate of any regulated air pollutant emitted
by the source or that results in the emission of any regulated air pollutant not
previously emitted, but does not include:
(1) a
change in ownership of the source;
(2)
routine maintenance, repair or replacement;
(3)
installation of air pollution control equipment, and all related process
equipment and materials necessary for its operation, undertaken for the purpose
of complying with regulations adopted by the board or pursuant to the federal
Clean Air Act; or
(4)
unless previously limited by enforceable permit conditions:
(a) an
increase in the production rate, if the increase does not exceed the operating
design capacity of the source;
(b) an
increase in the hours of operation; or
(c)
use of an alternative fuel or raw material if, prior to January 6, 1975,
the source was capable of accommodating such fuel or raw material, or if use of
an alternate fuel or raw material is caused by a natural gas curtailment or
emergency allocation or any other lack of supply of natural gas.
O. Reserved
P. “Nonattainment area” means, for any regulated air
pollutant, an area that has been designated as a nonattainment area under
Section 107 of the federal act.
Q. “Operator” means the person or persons responsible
for the overall operation of a facility.
R. “Owner” means the person or persons who own a
facility or part of a facility.
S. Reserved
T. “Portable stationary source” means a source that can
be relocated to another operating site with limited dismantling and reassembly,
including as an example, moveable sand and gravel processing operations and
asphalt plants.
U. “Potential
emission rate” means the emission rate of a source at its maximum capacity
to emit a regulated air pollutant under its physical and operational design,
provided a physical or operational limitation on the capacity of the source to
emit a regulated air pollutant, including air pollution control equipment and
restrictions on hours of operation or on the type or amount of material
combusted, stored or processed, shall be treated as part of its physical and
operational design only if the limitation or the effect it would have on
emissions is enforceable by the department pursuant to the Air Quality Control
Act or the federal act.
V. “Potential to emit” means the maximum capacity of a
stationary source to emit a regulated air pollutant under its physical and
operational design, except that a physical or operational limitation on the
capacity of a source to emit a regulated air pollutant, including air pollution
control equipment and restrictions on hours of operation or on the type or
amount of material combusted, stored, or processed, shall be treated as part of
its design if the limitation is federally enforceable; however, the potential
to emit for nitrogen dioxide shall be based on total oxides of nitrogen.
W. “Regulated air pollutant” means the following:
(1) any pollutant for which a national, state, or local ambient air quality standard has been promulgated;
(2) any pollutant that is subject to any standard promulgated under Section 111 of the federal act;
(3) any Class I or II substance subject to any standard promulgated under or established by Title VI of the federal act; or
(4) any pollutant subject to a standard promulgated under Section 112 or any other requirements established under Section 112 of the federal act; but
(5) excluding greenhouse gases as defined in Subsection CC of 20.11.1.7 NMAC.
X. “Responsible
person” or “responsible official” means the person designated
in a permit or source registration, who is responsible for complying with the
permit, or source registration and 20.11.47 NMAC.
Y. “Shutdown” means the cessation of operation of air pollution control equipment,
process equipment or process for any purpose, except routine phasing out of
batch process units.
Z. “Stationary source” or “source” means a structure,
building, equipment, facility, installation (including temporary
installations), operation or portable stationary source that emits or may emit a
regulated air pollutant; a research facility may group its sources for the
purpose of 20.11.47 NMAC with the prior written approval of the director of the
department.
AA. Reserved
BB. “Sulfur oxides” means compounds
containing sulfur and oxygen, including sulfur dioxide (SO2).
CC. Reserved
DD. “Western
backstop sulfur dioxide trading program” means 20.11.46 NMAC, if triggered as a backstop in accordance
with the provisions of the section 309
regional haze state implementation plan element for Albuquerque-Bernalillo
county, New Mexico, to reduce regional sulfur dioxide emissions.
[20.11.47.7 NMAC -
N, 5/1/08; A, 11/12/12]
20.11.47.8 VARIANCES: No
person can obtain a variance from the requirements of 20.11.47 NMAC.
[20.11.47.8 NMAC -
N, 5/1/08]
20.11.47.9 SEVERABILITY: If for any reason any section, subsection,
sentence, phrase, clause or wording of 20.11.47 NMAC is held to be
unconstitutional or otherwise invalid by any court or the United States
environmental protection agency, the decision shall not affect the validity of
remaining portions of 20.11.47 NMAC.
[20.11.47.9 NMAC -
N, 5/1/08]
20.11.47.10 CONSTRUCTION:
20.11.47 NMAC shall be liberally construed to carry out its purpose.
[20.11.47.10 NMAC -
N, 5/1/08]
20.11.47.11 SAVINGS CLAUSE: The filing of 20.11.47 NMAC, Emissions
Inventory Requirements, and the filing of any amendment to 20.11.47 NMAC
with the state records center and archives shall not affect any action pending
for violation of a city or county ordinance, a board regulation, or a permit,
and shall not affect a petition filed pursuant to 20.11.47 NMAC. Prosecution for violation of a prior statute,
ordinance, part or permit shall be governed and prosecuted under the statute,
ordinance, part or permit wording in effect at the time the violation was
committed.
[20.11.47.11 NMAC -
N, 5/1/08]
20.11.47.12 COMPLIANCE WITH OTHER REGULATIONS: Compliance
with 20.11.47 NMAC does not relieve a person from responsibility for complying
with any other applicable federal, state, or local regulations.
[20.11.47.12 NMAC -
N, 5/1/08]
20.11.47.13 DOCUMENTS:
Documents incorporated and cited in 20.11.47 NMAC may be viewed at the
Albuquerque environmental health department, Suite 3023, One Civic Plaza, 400
Marquette NW, Albuquerque, NM.
[20.11.47.13 NMAC -
N, 5/1/08]
20.11.47.14 EMISSIONS INVENTORY REQUIREMENTS:
A. Applicability: 20.11.47.14 NMAC applies to the owner or
operator of every stationary source, located within Bernalillo county that:
(1) has an active permit issued pursuant to 20.11.41 NMAC, Authority to Construct, or 20.11.42 NMAC, Operating Permits; or
(2) is required to file a source registration pursuant to 20.11.40 NMAC, Source Registration.
B. Reporting requirements:
(1) A source that meets requirements under Paragraph (1) of Subsection A of 20.11.47.14 NMAC shall submit an emissions report annually. A source is not required to submit an emissions report more frequently than annually.
(2) A source that meets requirements under Paragraph (2) of Subsection A of 20.11.47.14 NMAC shall submit an emissions report if required by the department. A source is not required to submit an emissions report more frequently than annually.
(3) The
department will provide a complete copy of an owner or operator’s submitted
emissions report when requested in writing by the owner or operator.
(4) The owner or operator shall submit to the department a complete, correct and current emissions report in the format specified by the department; the report shall state accurately the emissions of all regulated air pollutants included in the permit requested for any specified calendar year.
(5) Except as provided in Paragraph (6) of Subsection B of 20.11.47.14 NMAC, if the owner or operator is required to submit an emissions report to the department, the owner or operator shall submit the report by March 15 for the previous calendar year or any other calendar year.
(6) Sources required by a permit to submit an annual emissions report on a specific date shall submit the report on the specified date.
C. Content of emissions reports:
Emissions report contents for reports required by Subsection B of
20.11.47.14 NMAC shall include:
(1) the
air quality stationary source permit number or source registration number;
(2) the name, address, if any, and physical
location of the stationary source;
(3) the
name and telephone number of the person to contact regarding the emissions
report;
(4) a certification signed by the owner, or operator, or a responsible official or designated representative, attesting that the statements and information contained in the emissions report are true and accurate to the best knowledge and belief of the certifying official, and including the full name, title, signature, date of signature, and telephone number of the certifying official; for sources subject to 20.11.42 NMAC, the certification shall be made as required by 20.11.42 NMAC;
(5) for
each emission point, in the format required by the department:
(a) stack and exhaust gas parameters and location information;
(b) type of control equipment and estimated control efficiency;
(c) schedule of operation;
(d) annual process or fuel combustion rates;
(e) fuel heat, sulfur, and ash content;
(f) actual emissions estimate in pounds per year of total suspended particulate, PM10, PM2.5, ammonia, sulfur oxides, nitrogen oxides, carbon monoxide, volatile organic compounds, and lead, including fugitive emissions and emissions occurring during maintenance, start-ups, shutdowns, upsets, and downtime;
(g) speciated hazardous air pollutants, if requested by the department; and
(h) a description of the methods utilized to make the estimates, including
calculations;
(6) for
smelters, an annual report of sulfur input stated in tons per year; and
(7)
all information required by 40 CFR Part 51, Subpart A, Emissions Inventory Reporting Requirements,
as amended.
D. Additional content for emissions reports from sources in
ozone nonattainment areas: In addition to the contents required by
Subsection C of 20.11.47.14 NMAC, emissions reports from sources located in
ozone nonattainment areas that emit nitrogen oxides and volatile organic
compounds shall also include the following information:
(1) typical daily process rate during the peak ozone season, where the peak
ozone season is specified by the department;
(2) actual emissions estimate of nitrogen oxides and volatile organic
compounds in pounds per day for a typical day during the peak ozone season for:
(a) each emissions point; and
(b) for each process and fuel type contributing to emissions from each
point.
E. Waiver of reporting requirements for insignificant
emissions: The department may waive the requirements of
Paragraph (5) of Subsection C of 20.11.47.14 NMAC for emissions that the
department determines to be insignificant pursuant to 20.11.42 NMAC, except the
following shall not be waived:
(1)
for sources in nonattainment areas, reporting of emissions of pollutants
for which the area is in nonattainment; and
(2)
emissions reporting required by the federal act.
F. Emission tracking requirements for
sulfur dioxide emission inventories: In
addition to complying with the requirements of Subsections A through E of
20.11.47.14 NMAC, an owner may be subject to 20.11.46 NMAC, Sulfur Dioxide
Emissions Inventory Requirements; Western Backstop Sulfur Dioxide
Trading Program.
[20.11.47.14 NMAC -
N, 5/1/08; A, 11/16/09; A, 11/12/12]
20.11.47.15 Reserved
[20.11.47.15 NMAC -
N, 5/1/08; A, 11/16/09; Repealed, 11/12/12]
HISTORY OF
20.11.47 NMAC:
Pre-NMAC History: none.
History of
Repealed Material: [Reserved]
NMAC History:
[Reserved]