N.M. Code R. § 20.11.46.16

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

Section 20.11.46.16 - MONITORING, RECORD KEEPING AND REPORTING

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 75.19;

(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 data derived from that method to demonstrate that all unit SO₂ emissions are monitored and reported; and the plan shall be submitted in accordance with the compliance deadlines specified in Subsection F of 20.11.46.16 NMAC;

(b) prepare, maintain and submit to the department a detailed monitoring plan prior to the first day of certification testing in accordance with the compliance deadline specified in Subsection F of 20.11.46.16 NMAC; the plan shall contain the applicable information required by Subsection B of 20.11.46.16 NMAC; the department may require that the monitoring plan (or portions thereof) be submitted electronically; and the department also may require that the plan be submitted on an ongoing basis in electronic format as part of the quarterly report submitted under Paragraph (1) of Subsection H of 20.11.46.16 NMAC or resubmitted separately after any change is made to the plan in accordance with the following Paragraph (3) of Subsection B of 20.11.46.16 NMAC;

(c) whenever the WEB source makes a replacement, modification, or change in one of the systems or methodologies provided for in Subparagraph (b) of Paragraph (1) of Subsection A of 20.11.46.16 NMAC, including a change in the automated data acquisition and handling system or in the flue gas handling system, that affects information reported in the monitoring plan (e.g., a change to serial number for a component of a monitoring system), then the WEB source shall update the monitoring plan within 90 days of the replacement, modification, or change.

(2) A WEB source with an SO₂ emitting unit that uses a method under Subparagraph (a) of Paragraph (1) of Subsection A of 20.11.46.16 NMAC (a unit subject to 40 CFR Part 75 under a program other than this WEB trading program) shall meet the requirements of Subsection B of 20.11.46.16 NMAC by preparing, maintaining and submitting a monitoring plan in accordance with the requirements of 40 CFR Part 75, provided that the WEB source also shall submit the entire monitoring plan to the department upon request.

(3) Initial monitoring plan: The account representative shall submit an initial monitoring plan for each SO₂ emitting unit (or group of units sharing a common methodology) that, except as otherwise specified in an applicable provision in 20.11.46.21 NMAC, contains the following information:

(a) for all SO₂ emitting units involved in the monitoring plan:

(i) plant name and location;

(ii) plant and unit identification numbers assigned by the department;

(iii) type of unit (or units for a group of units using a common monitoring methodology);

(iv) identification of all stacks or pipes associated with the monitoring plan;

(v) types of fuel(s) fired (or sulfur containing process materials used in the SO₂ emitting unit), and the fuel classification of the unit if combusting more than one type of fuel and using a 40 CFR Part 75 methodology;

(vi) type(s) of emissions controls for SO₂ installed or to be installed, including specifications of whether such controls are pre-combustion, post-combustion, or integral to the combustion process;

(vii) maximum hourly heat input capacity, or process throughput capacity, if applicable;

(viii) identification of all units using a common stack; and

(ix) indicator of whether any stack identified in the plan is a bypass stack;

(b) for each unit and parameter required to be monitored, identification of monitoring methodology information, consisting of monitoring methodology, monitor locations, substitute data approach for the methodology, and general identification of quality assurance procedures; and if the proposed methodology is a site-specific methodology submitted pursuant to Item (iv) of Subparagraph (b) of Paragraph (1) of Subsection A of 20.11.46.16 NMAC, the description under Subparagraph (b) of Paragraph (3) of Subsection B of 20.11.46.16 NMAC shall describe fully all aspects of the monitoring equipment, installation locations, operating characteristics, certification testing, ongoing quality assurance and maintenance procedures, and substitute data procedures;

(c) if the WEB source intends to petition for a change to any specific monitoring requirement otherwise required under 20.11.46.16 NMAC, such petition may be submitted as part of the initial monitoring plan;

(d) the department may issue a notice of approval or disapproval of the initial monitoring plan based on the compliance of the proposed methodology with the requirements for monitoring in 20.11.46.16 NMAC.

(4) Detailed monitoring plan: The account representative shall submit a detailed monitoring plan that, except as otherwise specified in an applicable provision in 20.11.46.21 NMAC, SO₂ monitoring 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, shall contain the following information:

(a) identification and description of each monitoring component (including each monitor and its identifiable components, such as analyzer or probe) in a CEMS (e.g., SO₂ pollutant concentration monitor, flow monitor, moisture monitor), a 40 CFR Part 75, Appendix D monitoring system (e.g., fuel flowmeter, data acquisition and handling system), or a protocol in 20.11.46.21 NMAC or 20.11.46.22 NMAC, including:

(i) manufacturer, model number and serial number;

(ii) component or system identification code assigned by the facility to each identifiable monitoring component, such as the analyzer or probe;

(iii) designation of the component type and method of sample acquisition or operation (e.g., in situ pollutant concentration monitor or thermal flow monitor);

(iv) designation of the system as a primary or backup system;

(v) first and last dates the system reported data;

(vi) status of the monitoring component; and

(vii) parameter monitored;

(b) identification and description of all major hardware and software components of the automated data acquisition and handling system, including:

(i) hardware components that perform emission calculations or store data for quarterly reporting purposes (provide the manufacturer and model number); and

(ii) software components (provide the identification of the provider and model or version number);

(c) explicit formulas for each measured emissions parameter, using component or system identification codes for the monitoring system used to measure the parameter that links the system observations with the reported concentrations and mass emissions; the formulas shall contain all constants and factors required to derive mass emissions from component or system code observations and an indication of whether the formula is being added, corrected, deleted, or is unchanged; and the WEB source with a low mass emissions unit for which the WEB source is using the optional low mass emissions excepted methodology in 40 CFR 75.19(c) is not required to report such formulas;

(d) inside cross-sectional area (square feet) at flow monitoring location (for units with flow monitors, only);

(e) if using CEMS for SO₂ and flow, for each parameter monitored include: scale, maximum potential concentration (and method of calculation), maximum expected concentration (if applicable, and method of calculation), maximum potential flow rate (and method of calculations), span value, full-scale range, daily calibration units of measure, span effective date and hour, span inactivation date and hour, indication of whether dual spans are required, default high range value, flow rate span, and flow rate span value and full scale value in standard cubic feet per hour (scfh) for each unit or stack using SO₂ or flow component monitors;

(f) if the monitoring system or excepted methodology provides for use of a constant, assumed, or default value for a parameter under specific circumstances, then the following information for each value of such parameter shall be included:

(i) identification of the parameter;

(ii) default, maximum, minimum, or constant value, and units of measure for the value;

(iii) purpose of the value;

(iv) indicator of use during controlled and uncontrolled hours;

(v) types of fuel;

(vi) source of the value;

(vii) value effective date and hour;

(viii) date and hour value is no longer effective (if applicable); and

(ix) for units using the excepted methodology under 40 CFR 75.19, the applicable SO₂ emission factor;

(g) unless otherwise specified in Section 6.5.2.1 of Appendix A to 40 CFR Part 75, for each unit or common stack on which hardware CEMS are installed:

(i) the upper and lower boundaries of the range of operation (as defined in Section 6.5.2.1 of Appendix A to 40 CFR Part 75 ), or thousands of pounds per hour (lb/hr) of steam, or ft/sec (as applicable);

(ii) the load or operating level(s) designated as normal in Section 6.5.2.1 of Appendix A to 40 CFR Part 75, or thousands of lb/hr of steam, or feet per second ft/sec (as applicable);

(iii) the two load or operating levels (i.e., low, mid, or high) identified in Section 6.5.2.1 of Appendix A to 40 CFR Part 75 as the most frequently used;

(iv) the date of the data analysis used to determine the normal load (or operating) level(s) and the two most frequently-used load (or operating) levels; and

(v) activation and deactivation dates when the normal load or operating level(s) change and are updated;

(h) for each unit that is complying with 40 CFR Part 75 for which the optional fuel flow-to-load test in Section 2.1.7 of Appendix D to 40 CFR Part 75 is used:

(i) the upper and lower boundaries of the range of operation (as defined in Section 6.5.2.1 of Appendix A to 40 CFR Part 75 ), expressed in thousands of lb/hr of steam;

(ii) the load level designated as normal, pursuant to Section 6.5.2.1 of Appendix A to 40 CFR Part 75, expressed in thousands of lb/hr of steam; and

(iii) the date of the load analysis used to determine the normal load level;

(i) information related to quality assurance testing, including (as applicable): identification of the test strategy; protocol for the relative accuracy test audit; other relevant test information; calibration gas levels (percent of span) for the calibration error test and linearity check; calculations for determining maximum potential concentration, maximum expected concentration (if applicable), maximum potential flow rate, and span;

(j) if applicable, apportionment strategies under 40 CFR 75.10 through 75.18;

(k) description of site locations for each monitoring component in a monitoring system, including schematic diagrams and engineering drawings and any other documentation that demonstrates each monitor location meets the appropriate siting criteria; and for units monitored by a continuous emission monitoring system, diagrams shall include:

(i) a schematic diagram identifying entire gas handling system from unit to stack for all units, using identification numbers for units, monitor components, and stacks corresponding to the identification numbers provided in the initial monitoring plan and Subparagraphs (a) and (c) of Paragraph (4) of Subsection B of 20.11.46.16 NMAC; the schematic diagram must depict the height of any monitor locations; and comprehensive or separate schematic diagrams shall be used to describe groups of units using a common stack; and

(ii) stack and duct engineering diagrams showing the dimensions and locations of fans, turning vanes, air preheaters, monitor components, probes, reference method sampling ports, and other equipment that affects the monitoring system location, performance, or quality control checks;

(l) a data flow diagram denoting the complete information-handling path from output signals of CEMS components to final reports.

(5) In addition to supplying the information in Paragraphs (3) and (4) of Subsection B of 20.11.46.16 NMAC above, the WEB source with an SO₂ emitting unit using either of the methodologies in Item (ii) of Subparagraph (b) of Paragraph (1) of Subsection A of 20.11.46.16 NMAC shall include the following information in its monitoring plan for the specific situations described:

(a) for each gas-fired or oil-fired SO₂ emitting unit for which the WEB source uses the optional protocol in Appendix D to 40 CFR Part 75 for SO₂ mass emissions, the account representative shall include the following information in the monitoring plan:

(i) parameter monitored;

(ii) type of fuel measured, maximum fuel flow rate, units of measure, and basis of maximum fuel flow rate (i.e., upper range value or unit maximum) for each fuel flowmeter;

(iii) test method used to check the accuracy of each fuel flowmeter;

(iv) submission status of the data;

(v) monitoring system identification code;

(vi) the method used to demonstrate that the unit qualifies for monthly gross calorific value (GCV) sampling or for daily or annual fuel sampling for sulfur content, as applicable;

(vii) a schematic diagram identifying the relationship between the unit, all fuel supply lines, the fuel flowmeter(s), and the stack(s); the schematic diagram must depict the installation location of each fuel flowmeter and the fuel sampling location(s); and comprehensive and separate schematic diagrams shall be used to describe groups of units using a common pipe;

(viii) for units using the optional default SO₂ emission rate for "pipeline natural gas" or "natural gas" in Appendix D to 40 CFR Part 75, the information on the sulfur content of the gaseous fuel used to demonstrate compliance with either Section 2.3.1.4 or 2.3.2.4 of Appendix D to 40 CFR Part 75;

(ix) for units using the 720 hour test under Section 2.3.6 of Appendix D to 40 CFR Part 75 to determine the required sulfur sampling requirements, report the procedures and results of the test; and

(x) for units using the 720 hour test under Section 2.3.5 of Appendix D to 40 CFR Part 75 to determine the appropriate fuel GCV sampling frequency, report the procedures used and the results of the test;

(b) for each SO₂ emitting unit for which the WEB source uses the low mass emission excepted methodology of 40 CFR 75.19, the WEB source shall include the following information in the monitoring plan that accompanies the initial certification application:

(i) the results of the analysis performed to qualify as a low mass emissions unit under 40 CFR 75.19(c); this report shall include either the previous three years actual or projected emissions; and the following items shall be included: a) current calendar year of application; b) type of qualification; c) years one, two, and three; d) annual measured, estimated or projected SO₂ mass emissions for years one, two, and three; and e) annual operating hours for years one, two, and three;

(ii) a schematic diagram identifying the relationship between the unit, all fuel supply lines and tanks, any fuel flowmeter(s), and the stack(s); and comprehensive or separate schematic diagrams shall be used to describe groups of units using a common pipe;

(iii) for units which use the long term fuel flow methodology under 40 CFR 75.19(c)(3), a diagram of the fuel flow to each unit or group of units and a detailed description of the procedures used to determine the long term fuel flow for a unit or group of units for each fuel combusted by the unit or group of units;

(iv) a statement that the unit burns only gaseous fuel(s) or fuel oil and a list of the fuels that are burned or a statement that the unit is projected to burn only gaseous fuel(s) or fuel oil and a list of the fuels that are projected to be burned;

(v) a statement that the unit meets the applicability requirements in 40 CFR 75.19(a) and (b) with respect to SO₂ emissions; and

(vi) any unit historical actual, estimated and projected SO₂ emissions data and calculated SO₂ emissions data demonstrating that the unit qualifies as a low mass emissions unit under 40 CFR 75.19(a) and (b).

(c) for each gas-fired unit the account representative shall include the following in the monitoring plan: current calendar year, fuel usage data as specified in the definition of "gas-fired" in 40 CFR 72.2, and an indication of whether the data are actual or projected data.

(6) The specific elements of a monitoring plan under 20.11.46.16 NMAC shall not be part of an operating permit for a WEB source issued in accordance with the Title V of the Clean Air Act, and modifications to the elements of the plan shall not require a permit modification.

C. Certification and recertification:

(1) All monitoring systems are subject to initial certification and recertification testing as specified in 40 CFR Part 75, 20.11.46.21 NMAC or; 20.11.46.22 NMAC. Certification or recertification of a monitoring system by the EPA for a WEB source that is subject to 40 CFR Part 75 under a requirement separate from 20.11.46 NMAC shall constitute certification under the WEB Trading Program.

(2) The WEB source with an SO₂ emitting unit not otherwise subject to 40 CFR Part 75 that monitors SO₂ mass emissions in accordance with 40 CFR Part 75 to satisfy the requirements of 20.11.46.16 NMAC shall perform all of the tests required by that regulation and shall submit the following:

(a) a test notice, not later than 21 days before the certification testing of the monitoring system, provided that the department may establish additional requirements for adjusting test dates after this notice as part of the approval of the initial monitoring plan under Paragraph (3) of Subsection B of 20.11.46.16 NMAC;

(b) an initial certification application within 45 days after testing is complete;

(3) a monitoring system shall be considered provisionally certified while the application is pending, and the system shall be deemed certified if the department does not approve or disapprove the system within six months after the date on which the application is submitted;

(4) both at the time of the initial certification or recertification application submission and at the time of the audit, if an audit of any monitoring certified under 20.11.46 NMAC, and a review of the initial certification or recertification application, reveal that any system or component should not have been certified or recertified because it did not meet a particular performance specification or other requirement of 20.11.46 NMAC, the department will issue a notice of disapproval of the certification status of such system or component; for the purposes of Paragraph (2) of Subsection C of 20.11.46.16 NMAC, an audit shall be either a field audit of the facility or an audit of any information submitted to the department regarding the facility; by issuing the notice of disapproval, the certification status is revoked prospectively, and the data measured and recorded shall not be considered valid quality-assured data from the date of issuance of the notification of the revoked certification status until the date and time that the WEB source completes subsequently approved initial certification or recertification tests in accordance with the procedures in 20.11.46.16 NMAC; and the WEB source shall apply the substitute data procedures in 20.11.46.16 NMAC to replace, prospectively, all of the invalid, non-quality-assured data for each disapproved system or component.

D. Ongoing quality assurance and quality control: The WEB source shall satisfy the applicable quality-assurance and quality control requirements of 40 CFR Part 75 or, if the WEB source is subject to a WEB protocol in 20.11.46.21 NMAC, SO₂ monitoring of fuel gas combustion devices, the applicable quality-assurance and quality control requirements in 20.11.46.21 NMAC on and after the date that certification testing commences.

E. Substitute data procedures:

(1) For any period after certification testing is complete in which quality-assured, valid data are not being recorded by a monitoring system certified and operating in accordance with 20.11.46 NMAC, missing or invalid data shall be replaced with substitute data in accordance with 40 CFR Part 75 or, if the WEB source is subject to a WEB protocol in 20.11.46.21 NMAC, SO₂ monitoring 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, with substitute data in accordance with 20.11.46.21 NMAC.

(2) For an SO₂ emitting unit that does not have a certified or provisionally certified monitoring system in place as of the beginning of the first control period for which the unit is subject to the WEB trading program, the WEB source shall use one of the following procedures:

(a) if the WEB Source will use a CEMS to comply with 20.11.46.16 NMAC, substitute the maximum potential concentration of SO₂ for the unit and the maximum potential flow rate, as determined in accordance with 40 CFR Part 75; and the procedures for conditional data validation under Section 75.20(b)(3) may be used for any monitoring system under 20.11.46 NMAC that uses these 40 CFR Part 75 procedures, as applicable;

(b) if the WEB source will use the 40 CFR Part 75 Appendix D methodology, substitute the maximum potential sulfur content, density or gross calorific value for the fuel and the maximum potential fuel flow rate, in accordance with Section 2.4 of Appendix D to 40 CFR Part 75;

(c) if the WEB source will use the 40 CFR Part 75 methodology for low mass emissions units, substitute the SO₂ emission factor required for the unit as specified in 40 CFR 75.19 and the maximum rated hourly heat input, as defined in 40 CFR 72.2; or

(d) if using a protocol in 20.11.46.21 NMAC or 20.11.46.22 NMAC, follow the procedures in the applicable protocol.

F. Compliance deadlines:

(1) The initial monitoring plan shall be submitted by the following dates:

(a) for each source that is a WEB source on or before the program trigger date, the monitoring plan shall be submitted 180 days after such program trigger date;

(b) for any existing source that becomes a WEB source after the program trigger date, the monitoring plan shall be submitted by September 30 of the year following the inventory year in which the source exceeded the emissions threshold (100 tpy SO₂);

(c) for any new WEB source, the monitoring plan shall be included with the permit application under 20.11.41 NMAC, 20.11.42 NMAC, 20.11.60 NMAC or 20.11.61 NMAC.

(2) A detailed monitoring plan required under Subparagraph (b) of Paragraph (1) of Subsection B of 20.11.46.16 NMAC shall be submitted no later than 45 days prior to commencing certification as required by Paragraph (3) of Subsection F of 20.11.46.16 NMAC. Modifications to the monitoring plan shall be submitted within 90 days of implementing revised monitoring plans.

(3) Emission monitoring systems shall be installed, operational and shall have met all of the certification testing requirements of 20.11.46.16 NMAC (including any referenced in 20.11.46.21 NMAC or 20.11.46.22 NMAC) by the following dates:

(a) for each source that is a WEB source on or before the program trigger date: two years prior to the start of the first control period as described in 20.11.46.19 NMAC, compliance;

(b) for any existing source that becomes a WEB source after the program trigger date: one year after the due date for the monitoring plan under Subparagraph (b) of Paragraph (1) of Subsection F of 20.11.46.16 NMAC;

(c) for any new WEB source, or any new unit at a WEB source under Subparagraph (a) or (b) of Paragraph (3) of Subsection F of 20.11.46.16 NMAC: the earlier of 90 unit operating days or 180 calendar days after the date the new source commences operation.

(4) The WEB source shall submit test notices and certification applications in accordance with the deadlines set forth in Paragraph (2) of Subsection C of 20.11.46.16 NMAC.

(5) For each applicable control period, the WEB source shall submit each quarterly report under Subsection H of 20.11.46.16 NMAC by no later than 30 days after the end of each calendar quarter and shall submit the annual report under Subsection H of 20.11.46.16 NMAC no later than 60 days after the end of each calendar year.

G. Record keeping:

(1) The WEB source shall keep copies of all reports, registration materials, compliance certifications, sulfur dioxide emissions data, quality-assurance data, and other submissions under 20.11.46 NMAC for a period of five years. In addition, the WEB source shall keep a copy of all account certificates of representation for the duration of this program. Unless otherwise requested by the WEB source and approved by the department, the copies shall be kept on site at the source.

(2) The WEB source shall keep records of all operating hours, quality-assurance activities, fuel sampling measurements, hourly averages for SO₂, stack flow, fuel flow, or other continuous measurements, as applicable, and any other applicable data elements specified in 20.11.46.16 NMAC, 20.11.46.21 NMAC or in 20.11.46.22 NMAC. The WEB source shall maintain the applicable records specified in 40 CFR Part 75 for any SO₂ emitting unit that uses a 40 CFR Part 75 monitoring method to meet the requirements of 20.11.46.16 NMAC.

H. Reporting.

(1) Quarterly reports. For each SO₂ emitting unit, the account representative shall submit a quarterly report within 30 days after the end of each calendar quarter. The report shall be in a format specified by the department to include hourly and quality-assurance activity information and shall be submitted in a manner compatible with the WEB EATS. If the WEB source submits a quarterly report under 40 CFR Part 75 to the EPA administrator, no additional report under Paragraph (1) of Subsection H of 20.11.46.16 NMAC shall be required, provided, however, that the department may require that a copy of that report (or a separate statement of quarterly and cumulative annual SO₂ mass emissions) be submitted separately to the department.

(2) Annual report. Based on the quarterly reports, each WEB source shall submit an annual statement of total annual SO₂ emissions for all SO₂ emitting units at the source. The annual report shall identify the total emissions for all units monitored in accordance with Paragraph (1) of Subsection A of 20.11.46.16 NMAC and the total emissions for all units with emissions estimated in accordance with Paragraph (2) of Subsection A of 20.11.46.16 NMAC. The annual report shall be submitted within 60 days after the end of a control period.

(3) If the department so directs, any monitoring plan, report, certification, recertification, or emissions data required to be submitted under 20.11.46.16 NMAC shall be submitted to the tracking system administrator.

(4) The department may review and reject any report submitted under Subsection H of 20.11.46.16 NMAC that contains errors or fails to satisfy the requirements of 20.11.46.16 NMAC, and the account representative shall resubmit the report to correct any deficiencies.

I. Petitions:

(1) A WEB source may petition for an alternative to any requirement specified in Subparagraph (b) of Paragraph (1) of Subsection A of 20.11.46.16 NMAC. The petition shall require approval of the department and the EPA administrator. Any petition submitted under Paragraph (1) of Subsection I of 20.11.46.16 NMAC shall include sufficient information for the evaluation of the petition, including, at a minimum, the following information:

(a) identification of the WEB source and applicable SO₂ emitting unit(s);

(b) a detailed explanation of why the proposed alternative is being suggested in lieu of the requirement;

(c) a description and diagram of any equipment and procedures used in the proposed alternative, if applicable;

(d) a demonstration that the proposed alternative is consistent with the purposes of the requirement for which the alternative is proposed and is consistent with the purposes of 20.11.46 NMAC and that any adverse effect of approving such alternative will be de minimis; and

(e) any other relevant information that the department may require.

J. For any monitoring plans, reports, or other information submitted under 20.11.46 NMAC, the account representative shall ensure that, where applicable, identifying information is consistent with the identifying information provided in the most recent certificate of representation for the WEB source submitted under 20.11.46.12 NMAC, account representative for WEB sources.

N.M. Code R. § 20.11.46.16

20.11.46.16 NMAC - N, 12/31/03; A, 9/15/08; A, 5/16/11