N.M. Code R. § 20.11.39.13

Current through Register Vol. 35, No. 12, June 25, 2024

Section 20.11.39.13 - REQUIREMENTS FOR SOURCE CATEGORIES TO WHICH PART 39 APPLIES

A.General requirements: All sources in any source category listed in this section shall comply with the following general requirements, in addition to any specific requirements for a source category.

(1) All Part 39 sources shall comply with any federal regulations which are incorporated by reference into board regulations and which apply to that source category.

(2) No owner or operator of a source in a source category to which this part applies shall construct or operate a Part 39 source without having first applied to the department for and received an AQN.

(3) The owner or operator of each Part 39 source shall submit an annual emissions report to the department by March 15 of each year.

(a) For their annual emission report, GDFs granted an AQN shall submit a report of their annual gasoline throughput for the previous January through December.

(b) For their annual emission report, ES-RICE granted an AQN shall submit a report of their annual operating hours for the previous January through December.

(c) In addition to the information required in Subparagraphs (a) and (b) in Paragraph (3) of Subsection A of 20.11.39.13 NMAC, each emission report shall provide:

(i) the AQN number;

(ii) the name, address, if any, and physical location of the Part 39 source;

(iii) the name, telephone number, and email address of the person to contact regarding the emissions report; and

(iv) 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 and email address of the of the certifying official.

(d) When the department receives the emission report, the department may request other relevant information as deemed necessary.

(e) 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 all information required by Paragraph (3) of Subsection A of 20.11.39.47 NMAC.

(f) The department shall provide a complete copy of an owner or operator's submitted emissions report when requested in writing by the owner or operator.

(4) Nothing in 20.11.39 NMAC relieves any owner or operator of any source from the responsibility to comply with any applicable requirement in local, state, or federal law.

(5) No Part 39 source shall emit any regulated air pollutant in quantities which would constitute a major source under the applicable provisions of 20.11.42 NMAC.

B.Emergency stationary RICE: These sources shall comply with the appropriate regulations identified below, as amended.

(1)Emergency stationary RICE not subject to the federal emissions standards listed in paragraphs (2) through (4) in Subsection B of 20.11.39.13 NMAC shall comply with all applicable board and federal regulations identified in the AQN.

(2)Emergency stationary RICE subject to 40 CFR Part 60 Subpart IIII, Standards of Performance for Stationary Compression Ignition Internal Combustion Engines shall comply with all applicable requirements in that federal regulation, incorporated by reference in 20.11.63 NMAC, New Source Performance Standards for Stationary Sources, as amended, and all applicable board regulations identified in the AQN.

(3)Emergency stationary RICE subject to 40 CFR Part 60 Subpart JJJJ, Standards of Performance for Stationary Spark Ignition Internal Combustion Engines, shall comply with all applicable requirements in that federal regulation, as incorporated by reference in 20.11.63 NMAC, New Source Performance Standards for Stationary Sources, as amended, and all applicable board regulations identified in the AQN.

(4)Emergency stationary RICE subject to 40 CFR Part 63 Subpart ZZZZ, National Emissions Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines, as incorporated by reference in 20.11.64 NMAC, Emission Standards for Hazardous Air Pollutants for Stationary Sources, as amended, and all applicable board regulations identified in the AQN.

C.Gasoline dispensing facilities: These sources shall comply with 20.11.65.15 NMAC and all applicable requirements in 40 CFR Part 63 Subpart CCCCCC, National Emission Standards for Hazardous Air Pollutants for Gasoline Dispensing Facilities, as incorporated by reference in 20.11.64 NMAC, Emission Standards for Hazardous Air Pollutants for Stationary Sources, as amended.

N.M. Code R. § 20.11.39.13

Adopted by New Mexico Register, Volume XXVIII, Issue 23, December 12, 2017, eff. 12/21/2017