N.M. Code R. § 20.2.41.112

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

Section 20.2.41.112 - COMPLIANCE - EXISTING OR MODIFIED NONFERROUS SMELTERS

Compliance with 20.2.41.109 NMAC shall be determined in accordance with the requirements specified in this section:

A. Annual running average emissions shall be calculated at the end of each calendar day. The smelter shall be in violation if two (2) consecutive annual averages exceed the emission limit and the second average exceeds the first average. The smelter shall also be in violation if ten (10) consecutive annual averages exceed the annual average emission limit;

B. The median running 3-hour average for the previous 365 days shall be calculated at the end of each calendar day. Such compliance determinations shall be calculated at the end of each day for each compliance period;

C. Compliance with the cumulative occurrence tables in 20.2.41.109 NMAC shall be determined on the basis of all running three-hour averages measured in the previous 365 days or less. Such compliance determinations shall be calculated at the end of each day. Three-hour averages shall be calculated at the end of each clock hour by averaging the hourly emissions for the preceding three (3) consecutive hours whenever each hour was measured in accordance with 20.2.41.109 NMAC and subsections A, B and C of 20.2.41.111 NMAC.

D. If the smelter is not operating for an extended period of time, and with the approval of the Department, zeros may be recorded on an hourly basis without operating the continuous monitoring system if emissions to the atmosphere are shown to be below ten (10) pounds per hour;

E. A three-hour emissions average in excess of an emission level (E) is a violation if the number of all three-hour emissions averages that exceed the emission level (E) measured during the compliance period exceeds the cumulative occurrence limit (N);

F. The compliance period shall consist of the 365 days immediately preceding each day;

G. A three-hour emissions average can only violate the cumulative occurrence limit (N) of an emissions level (E) in the day containing the last hour in the average;

H. Multiple exceedances of a cumulative occurrence limit by different three-hour emissions averages containing any common hour constitute a single violation.

N.M. Code R. § 20.2.41.112

11/30/95; 20.2.41.112 NMAC - Rn, 20 NMAC 2.41.112 10/31/02