N.M. Code R. § 20.11.46.16 Monitoring, Record Keeping and Reporting

• Library: New Mexico Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 34, No. 24, December 19, 2023
• Citation: N.M. Code R. § 20.11.46.16
• Year: 2023

A. General requirements for monitoring methods:

(1) For each SO2 emitting unit at a WEB source the owner or operator shall comply with the following, as applicable, to monitor and record SO2 mass emissions (a) if a unit is subject to 40 CFR Part 75 under a requirement separate from the WEB trading program, the unit shall meet the requirements contained in 40 CFR Part 75 with respect to monitoring recording and reporting SO2 mass emissions; (b) if a unit is not subject to 40 CFR Part 75 under a requirement separate from the WEB trading program, a unit shall use one of the following monitoring methods, as applicable (i) a continuous emission monitoring system (CEMS) for SO2 and flow that complies with all applicable monitoring provisions in 40 CFR Part 75; (ii) if the unit is a gas- or oil-fired combustion device, the excepted monitoring methodology in Appendix D to 40 CFR Part 75, or, if applicable, the low mass emissions (LME) provisions (with respect to SO2 mass emissions only) of 40 CFR 40Optional SO [2] , NO [x] , and CO [2] emissions calculation for low mass emissions (LME) units75.19; (iii) one of the optional WEB protocols, if applicable, in 20.11.46.21 NMAC SO2monitoring of fuel gas combustion devices or 20.11.46.22 NMAC, protocol WEB 2 predictive flow monitoring systems for kilns with positive pressure fabric filter; or (iv) a petition for site-specific monitoring that the source submits for approval by the department and approval by the EPA in accordance with Paragraph (5) of Subsection H of 20.11.46.16 NMAC; (c) a permanently retired unit shall not be required to monitor under Section 20.11.46.15 NMAC if such unit was permanently retired and had no emissions for the entire period for which the WEB source implements Subparagraph (c) of Paragraph (1) of Subsection A of 20.11.46.16, and the account representative certifies in accordance with Subsection B of 20.11.46.19 NMAC that these conditions were met; and in the event that a permanently retired unit recommences operation, the WEB source shall meet the requirements of 20.11.46.16 NMAC in the same manner as if the unit was a new unit.

(2) Notwithstanding Paragraph (1) of Subsection A of 20.11.46.16 NMAC, the WEB source with a unit that meets one of the conditions of Subparagraph (a) of Paragraph (2) of Subsection A of 20.11.46.16 NMAC may elect to have the provisions of Paragraph (2) of Subsection A of 20.11.46.16 NMAC apply to that unit. (a) Any of the following units may implement Paragraph (2) of Subsection A of 20.11.46.16 NMAC: (i) any smelting operation where all of the emissions from the operation are not ducted to a stack; or (ii) any flare, except to the extent such flares are used as a fuel gas combustion device at a petroleum refinery; or (iii) any other type of unit without add-on SO2 control equipment, if the unit belongs to one of the following source categories: cement kilns, pulp and paper recovery furnaces, lime kilns or glass manufacturing. (b) For each unit covered by Paragraph (2) of Subsection B of 20.11.46.16 NMAC, the account representative shall submit a notice to request that Paragraph (2) of Subsection A of 20.11.46.16 NMAC applies to one or more SO2 emitting units at a WEB source. The notice shall be submitted in accordance with the compliance dates specified in Paragraph (1) of Subsection F of 20.11.46.16 NMAC, and shall include the following information (in a format specified by the department with such additional, related information as may be requested): (i) a notice of all units at the applicable source, specifying which of the units are to be covered by Paragraph (2) of Subsection A of 20.11.46.16 NMAC; and (ii) an identification of any such units that are permanently retired. (c) For each new unit at an existing WEB source for which the WEB source seeks to comply with this Paragraph (2) of Subsection A of 20.11.46.16 NMAC, and for which the account representative applies for an allocation under the new source set-aside provisions of Subsection F of 20.11.46.14 NMAC, the account representative shall submit a modified notice under Subparagraph (b) of Paragraph (2) of Subsection A of 20.11.46.16 NMAC, that includes such new SO2 emitting unit(s). The modified notice shall be submitted in accordance with the compliance dates in Paragraph (1) of Subsection F of 20.11.46.16 NMAC, but no later than the date on which a request must be submitted under Paragraph (1) of Subsection F of 20.11.46.14 NMAC for allocations from the set-aside. (d) The account representative for a WEB source shall submit an annual emissions statement for each unit under Paragraph (2) of Subsection A of 20.11.46.16 NMAC in accordance with Subsection H of 20.11.46.16 NMAC. The WEB source shall maintain operating records sufficient to estimate annual SO2 emissions in a manner consistent with the emission inventory submitted by the source for calendar year 2006. In addition, if the estimated emissions from all such units at the WEB source are greater than the allowances for the current control year held in the special reserve compliance account for the WEB source, the account representative shall report the excess amount as part of the annual report for the WEB source under 20.11.46.19 NMAC, compliance and the WEB source shall obtain and transfer allowances into the special reserve compliance account for the WEB source to account for such emissions, in accordance with 20.11.46.19 NMAC. (e) The remaining provisions of 20.11.46.16 NMAC shall not apply to units covered by Subparagraph (c) of Paragraph (2) of Subsection A of 20.11.46.16 NMAC except where otherwise noted. (f) A WEB source may opt to modify the monitoring for an SO2 emitting unit to use monitoring under Paragraph (1) of Subsection A of 20.11.46.16 NMAC, but any such monitoring change shall take effect on January 1 of the next compliance year. In addition, the account representative shall submit an initial monitoring plan at least 180 days prior to the date on which the new monitoring will take effect and a detailed monitoring plan in accordance with Subsection B of 20.11.46.16 NMAC. The account representative shall also submit a revised notice under Subparagraph (b) of Paragraph (2) of Subsection A of 20.11.46.16 NMAC at the same time that the initial monitoring plan is submitted.

(3) For any monitoring that the WEB source uses under 20.11.46.16 NMAC (including Paragraph (2) of Subsection A of Section 20.11.46.16 NMAC), the WEB source (and, as applicable, the account representative) shall implement, certify, and use such monitoring in accordance with 20.11.46.16 NMAC, and shall record and report the data from such monitoring as required in 20.11.46.16 NMAC. In addition, the WEB source (and, as applicable, the account representative) shall not: (a) except for an alternative approved by the EPA administrator for a WEB source that implements monitoring under Subparagraph (a) of Paragraph (1) of Subsection A of 20.11.46.16 NMAC, use an alternative monitoring system, alternative reference method or another alternative for the required monitoring method without having obtained prior written approval in accordance with Paragraph (5) of Subsection H of 20.11.46.16 NMAC; (b) operate an SO2 emitting unit so as to discharge, or allow to be discharged, SO2 emissions to the atmosphere without accounting for these emissions in accordance with the applicable provisions of 20.11.46.16 NMAC; (c) disrupt the approved monitoring method or any portion thereof, and thereby avoid monitoring and recording SO2 mass emissions discharged into the atmosphere, except for periods of recertification or periods when calibration, quality-assurance testing or maintenance is performed in accordance with the applicable provisions of 20.11.46.16 NMAC; or (d) retire or permanently discontinue use of an approved monitoring method, except under one of the following circumstances: (i) during a period when the unit is exempt from the requirements of 20.11.46.16 NMAC, including retirement of a unit as addressed in Subparagraph (c) of Paragraph (3) of Subsection A of 20.11.46.16 NMAC; (ii) the WEB source is monitoring emissions from the unit with another certified monitoring method approved under 20.11.46.16 NMAC for use at the unit that provides data for the same parameter as the retired or discontinued monitoring method; or (iii) the account representative submits notification of the date of certification testing of a replacement monitoring system in accordance with 20.11.46.16 NMAC, and the WEB source recertifies thereafter a replacement monitoring system in accordance with the applicable provisions of 20.11.46.16 NMAC.

B. Monitoring plan

(1) General provisions: The owner or operator of an SO2 emitting unit that uses a monitoring method under Subparagraph (b) of Paragraph (1) of Subsection A of 20.11.46.16 NMAC shall meet the following requirements: (a) prepare and submit to the department an initial monitoring plan for each monitoring method that the WEB source uses to comply with 20.11.46.16 NMAC; and in accordance with Paragraph (3) of Subsection B of 20.11.46.16 NMAC, the plan shall contain sufficient information on the units involved, the applicable method, and the use of...