N.M. Code R. § 20.11.46.9

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

Section 20.11.46.9 - EMISSION TRACKING REQUIREMENTS FOR SULFUR DIOXIDE EMISSION INVENTORIES

Beginning with the 2003 emission inventory, all stationary sources with actual emissions of one hundred (100) tons per year or more of SO₂ in the year 2000, or in any subsequent year, shall submit an annual inventory of SO₂ emissions. A source that meets these criteria, and then emits less than 100 tons per year in a later year shall submit a SO₂ inventory for tracking compliance with the regional SO₂ milestones until the western backstop sulfur dioxide trading program has been fully implemented and emission tracking has occurred under 20.11.46.16 NMAC, monitoring, record keeping and reporting.

A. All sources meeting the criteria immediately above in 20.11.46.9 NMAC will be subject to the following federally enforceable provisions:

(1) submit an annual inventory of SO₂ emissions;

(2) document the emissions monitoring/estimation methodology used to calculate their SO₂ emissions, and demonstrate that the selected methodology is acceptable under the inventory program;

(3) include emissions from start up, shut down, and upset conditions in the annual total inventory;

(4) use 40 CFR Part 75 methodology for reporting emissions for all sources subject to the federal acid rain program;

(5) maintain all records used in the calculation of the emissions, including but not limited to the following:

(a) amount of fuel consumed;

(b) percent sulfur content of fuel and how the content was determined;

(c) quantity of product produced;

(d) emissions monitoring data;

(e) operating data; and

(f) how the emissions are calculated;

(6) maintain records of any physical changes to facility operations or equipment, or any other changes that may affect the emissions projections; and

(7) retain records for a minimum of 10 years from the date of establishment, or if the record was the basis for an adjustment to the milestone, five years after the date of an implementation plan revision, whichever is longer.

B. Reporting requirements.

(1) Except as provided in Paragraph (2) of Subsection B of 20.11.46.9 NMAC, the owner or operator shall submit the emission report by April 1 each year immediately following the year for which the source is required to report emissions data.

(2) Sources for which a date for submitting an annual emission report is specified in a current operating permit issued under 20.11.42 NMAC, operating permits, shall submit such report on the date specified in the permit. The department shall provide a copy of the previous emissions report upon request by the owner or operator of such source.

C. Emissions report contents shall include:

(1) the name, address, and physical location of the stationary source;

(2) the name and telephone number of the person to contact regarding the emissions report;

(3) a certification signed by the owner, or operator, or a responsible official as defined in 20.11.42 NMAC 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 under 20.11.42 NMAC;

(4) smelters shall submit an annual report of sulfur input, in tons per year;

(5) for each emission point additional information may be required by the department:

(a) stack and exhaust gas parameters;

(b) type of control equipment and estimated control efficiency;

(c) schedule of operation;

(d) estimated actual emissions, including fugitive emissions and emissions occurring during maintenance, start-ups, shutdowns, upsets, and downtime, of sulfur oxides, in tons per year, and a description of the methods utilized to make such estimates, including calculations;

(e) the annual process or fuel combustion rates; and

(f) the fuel heat, sulfur, and ash content.

D. The department shall retain emission inventory records for non-utilities for 1996 and 1998 until the year 2018 to ensure that changes in emissions monitoring techniques can be tracked.

N.M. Code R. § 20.11.46.9

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