N.M. Code R. § 20.11.61.18

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

Section 20.11.61.18 - AIR QUALITY ANALYSIS AND MONITORING REQUIREMENTS

A. Preapplication analysis.

(1) Any application for a permit under regulations approved pursuant to 40 CFR 51.166 (e.g. 20.11.61 NMAC) shall contain an analysis of ambient air quality in the area that the major stationary source or major modification would affect for each of the following pollutants:

(a) for a major stationary source, each pollutant that it would have the potential to emit in a significant amount; or

(b) for a major modification, each pollutant for which it would result in a significant net emission increase.

(2) If no NAAQS for a pollutant exists, and there is an acceptable method for monitoring that pollutant, the analysis shall contain such air quality monitoring data as the department determines is necessary to assess ambient air quality for that pollutant in any area that the emissions of that pollutant would affect.

(3) For pollutants (other than nonmethane hydrocarbons) for which a standard does exist, the analysis shall contain continuous air quality monitoring data gathered for purposes of determining whether emissions of that pollutant would cause or contribute to a violation of the standard or any maximum allowable increase.

(4) The continuous air quality monitoring data that is required shall have been gathered over a period of one year and shall represent the one year period preceding receipt of the permit application. The department has the discretion to:

(a) determine that a complete and adequate analysis can be accomplished with monitoring data gathered over a period shorter than one year but not less than four months; or

(b) determine that existing air quality monitoring data is representative of air quality in the affected area and accept such data in lieu of additional monitoring by the applicant.

(5) Ozone monitoring shall be performed if monitoring data is required for volatile organic compounds or oxides of nitrogen. The owner or operator of a proposed major stationary source or major modification of volatile organic compounds who satisfies all conditions of 40 CFR Part 51 Appendix S, Section IV may provide post-approval monitoring data for ozone in lieu of providing preconstruction data as required under Subsection A of 20.11.61.18 NMAC.

B. Post-construction monitoring. The owner or operator of a major stationary source or major modification shall, after construction of the stationary source or modification, conduct such ambient monitoring as the department determines is necessary to determine the effect emissions from the stationary source or modification may have, or are having, on air quality in any area, including monitoring to validate attainment of ambient air quality standards and to assure that increments are not exceeded.

C. Operation of monitoring stations. The owner or operator of a major stationary source or major modification shall meet the requirements of 40 CFR 58, Appendix B during the operation of monitoring stations for purposes of satisfying the requirements of Subsections A through C of 20.11.61.18 NMAC.

D. Exceptions. The department has the discretion to exempt a proposed major stationary source or major modification from the requirements of Subsections A through C of 20.11.61.18 NMAC with respect to monitoring for a particular pollutant if:

(1) the emissions increase of the pollutant from a new stationary source or the net emissions increase of the pollutant from a modification would cause, in any area, air quality impacts less than the levels listed in Table 3 of 20.11.61.28 NMAC;

(2) the existing ambient concentrations of the pollutant in the area affected by the source or modification are less than the concentrations listed in Table 3 of 20.11.61.28 NMAC; or

(3) the pollutant is not listed in Table 3 of 20.11.61.28 NMAC.

N.M. Code R. § 20.11.61.18

20.11.61.18 NMAC - Rp, 20.11.61.18 NMAC, 1/23/06; A, 8/30/10; A, 5/13/13