N.M. Code R. § 20.2.50.115

Current through Register Vol. 35, No. 11, June 11, 2024

Section 20.2.50.115 - CONTROL DEVICES AND CLOSED VENT SYSTEMS

A.Applicability: These requirements apply to control devices and closed vent systems as defined in 20.2.50.7 NMAC and used to comply with the emission standards and emission reduction requirements in this Part.

B.General requirements:

(1) Control devices used to demonstrate compliance with this Part shall be installed, operated, and maintained consistent with manufacturer specifications, and good engineering and maintenance practices.

(2) Control devices shall be adequately designed and sized to achieve the control efficiency rates required by this Part and to handle the reasonably expected range of inlet VOC or NOx concentrations or volumes.

(3) The owner or operator shall inspect control devices visually or consistent with applicable federally approved inspection methods at least monthly to identify defects, leaks, and releases, and to ensure proper operation. Prior to an inspection or monitoring event, the owner or operator shall date and time stamp the event, and the required monitoring data entry shall be made in accordance with this Part.

(4) The owner or operator shall ensure that a control device used to comply with emission standards in this Part operates as a closed vent system that captures and routes VOC emissions to the control device, in order to minimize venting of unburnt gas to the atmosphere.

(5) The owner or operator of a permanent closed vent system for a centrifugal compressor wet seal fluid degassing system, reciprocating compressor, natural gas driven pneumatic pump, or storage vessel using a control device or routing emissions to a process shall:

(a) ensure the control device or process is of sufficient design and capacity to accommodate the expected range of emissions from the affected sources;

(b) conduct an assessment to confirm that the closed vent system is of sufficient design and capacity to ensure that emissions from the affected equipment are routed to the control device or process; and

(c) have the assessment certified by a qualified professional engineer or an in-house engineer with expertise regarding the design and operation of closed vent system(s) in accordance with Items (i) and (ii) of Subparagraph (c) of this section.

(i) The assessment of the closed vent system shall be prepared under the direction or supervision of a qualified professional engineer or an in-house engineer who signs the certification in Item (ii) of Subparagraph (c) of this section.

(ii) The owner or operator shall provide the following certification, signed and dated by a qualified professional engineer or an in-house engineer: "I certify that the closed vent system assessment was prepared under my direction or supervision. I further certify that the closed vent system assessment was conducted, and this report was prepared, pursuant to the requirements of this Part. Based on my professional knowledge and experience, and inquiry of personnel involved in the assessment, the certification submitted herein is true, accurate, and complete."

(d) An owner or operator of an existing closed vent system shall comply with the requirements of Paragraph (5) of Subsection B of 20.2.50.115 NMAC within three years of the effective date of this Part and within 90 days of startup for a new closed vent system.

(6) The owner or operator shall keep manufacturer specifications for all control devices on file. The information shall include the unique identification number, type of unit, manufacturer name, make, model, capacity, and destruction or reduction efficiency data.

C.Requirements for open flares:

(1) Emission standards:

(a) the flare shall be properly sized and designed to ensure proper combustion efficiency to combust the gas sent to the flare, and combustion shall be maintained for the duration of time that gas is sent to the flare. The owner or operator shall not send gas to the flare in excess of the manufacturer maximum rated capacity.

(b) The owner or operator shall equip each new and existing flare (except those flares required to meet the requirements of Subparagraph (c) of this Subsection) with a continuous pilot flame, an operational auto-igniter, or require manual ignition, and shall comply with the following no later than one year after the effective date of this part, unless otherwise specified:

(i) a flare with a continuous pilot flame or an auto-igniter shall be equipped with a system to ensure the flare is operated with a flame present at all times when gas is being sent to the flare.

(ii) The owner or operator of a flare with manual ignition shall inspect and ensure a flame is present upon initiating a flaring event.

(iii) A new flare controlling a continuous gas stream shall be equipped with a continuous pilot flame upon startup.

(iv) An existing flare controlling a continuous gas stream shall be equipped with a continuous pilot.

(c) An existing flare located at a site with an annual average daily production of equal to or less than 10 barrels of oil per day or an average daily production of 60,000 standard cubic feet of natural gas shall be equipped with an auto-ignitor, continuous pilot, or technology (e.g. alarm) that alerts the owner or operator of a flare malfunction, if replaced or reconstructed after the effective date of this Part.

(d) The owner or operator shall operate a flare with no visible emissions, except for periods not to exceed a total of 30 seconds during any 15 consecutive minutes. The flare shall be designed so that an observer can, by means of visual observation from the outside of the flare or by other means such as a continuous monitoring device, determine whether it is operating properly. The observation may be terminated if visible emissions are observed and recorded and action is taken to address the visible emissions.

(e) The owner or operator shall repair the flare within three business days of any thermocouple or other flame detection device alarm activation.

(2) Monitoring requirements:

(a) the owner or operator of a flare with a continuous pilot or auto-igniter shall continuously monitor the presence of a pilot flame, or presence of flame during flaring if using an auto-igniter, using a thermocouple equipped with a continuous recorder and alarm to detect the presence of a flame. An alternative equivalent technology alerting the owner or operator of failure of ignition of the gas stream may be used in lieu of a continuous recorder and alarm, if approved by the department;

(b) the owner or operator of a manually ignited flare shall monitor the presence of a flame using continuous visual observation during a flaring event;

(c) the owner or operator shall, at least quarterly, and upon observing visible emissions, perform a U.S. EPA method 22 observation while the flare pilot or auto-igniter flame is present to certify compliance with visible emission requirements. The observation period shall be a minimum of 15 consecutive minutes. The observation may be terminated if visible emissions are observed and recorded and action is taken to address the visible emissions;

(d) prior to an inspection or monitoring event, the owner or operator shall date and time stamp the event, and the required monitoring data entry shall be made in accordance with this Part; and

(e) the owner or operator shall monitor the technology that alerts the owner or operator of a flare malfunction and any instances of technology or alarm activation.

(3) Recordkeeping requirements: The owner or operator of an open flare shall keep a record of the following:

(a) any instance of thermocouple, other approved technology, or flame detection device alarm activation, including the date and cause of alarm activation, action taken to bring the flare into a normal operating condition, the name of the person(s) conducting the inspection, and any maintenance activity performed;

(b) the results of the U.S. EPA method 22 observations;

(c) the monitoring of the presence of a flame on a manual flare during a flaring event as required under Subparagraph (b) of Paragraph (2) of Subsection C of 20.2.50.115 NMAC;

(d) the results of the most recent gas analysis for the gas being flared, including VOC content and heating value; and

(e) the date and time stamp(s), including GPS of the location, of any monitoring event.

(4) Reporting requirements: The owner or operator shall comply with the reporting requirements in 20.2.50.112 NMAC.

D.Requirements for enclosed combustion devices (ECD) and thermal oxidizers (TO):

(1) Emission standards:

(a) the ECD/TO shall be properly sized and designed to ensure proper combustion efficiency to combust the gas sent to the ECD/TO. The owner or operator shall not send gas to the ECD/TO in excess of the manufacturer maximum rated capacity.

(b) The owner or operator shall equip each new ECD/TO with a continuous pilot flame or an auto-igniter upon startup. Existing ECD/TO shall be equipped with a continuous pilot flame or an auto-igniter no later than two years after the effective date of this Part.

(c) ECD/TO with a continuous pilot flame or an auto-igniter shall be equipped with a system to ensure that the ECD/TO is operated with a flame present at all times when gas is sent to the ECD/TO. Combustion shall be maintained for the duration of time that gas is sent to the ECD/TO. New ECD/TOs shall comply with this requirement upon startup, and existing ECD/TOs shall comply with this requirement within 2 years of the effective date of this Part.

(d) The owner or operator shall operate an ECD/TO with no visible emissions, except for periods not to exceed a total of 30 seconds during any 15 consecutive minutes. The ECD/TO shall be designed so that an observer can, by means of visual observation from the outside of the ECD/TO or by other means such as a continuous monitoring device, determine whether it is operating properly. The observation may be terminated if visible emissions are observed and recorded and action is taken to address the visible emissions.

(2) Monitoring requirements:

(a) the owner or operator of an ECD/TO with a continuous pilot or an auto-igniter shall continuously monitor the presence of a pilot flame, or of a flame during combustion if using an auto-igniter, using a thermocouple equipped with a continuous recorder and alarm to detect the presence of a flame. An alternative equivalent technology alerting the owner or operator of failure of ignition of the gas stream may be used in lieu of a continuous recorder and alarm, if approved by the department.

(b) The owner or operator shall, at least quarterly, and upon observing visible emissions, perform a U.S. EPA method 22 observation while the ECD/TO pilot flame or auto-igniter flame is present to certify compliance with the visible emission requirements. The period of observation shall be a minimum of 15 consecutive minutes. The observation may be terminated if visible emissions are observed and recorded and action is taken to address the visible emissions.

(c) Prior to an inspection or monitoring event, the owner or operator shall date and time stamp the event, and the required monitoring data entry shall be made in accordance with the monitoring requirements of this Part.

(3) Recordkeeping requirements: The owner or operator of an ECD/TO shall keep records of the following:

(a) any instance of thermocouple, other approved technology, or flame detection device alarm activation, including the date and cause of the activation, any action taken to bring the ECD/TO into normal operating condition, the name of the person(s) conducting the inspection, and any maintenance activities performed;

(b) the results of the U.S. EPA method 22 observations;

(c) the date and time stamp(s), including GPS of the location, of any monitoring event; and

(d) the results of the most recent gas analysis for the gas being combusted, including VOC content and heating value.

(4) Reporting requirements: The owner or operator shall comply with the reporting requirements in 20.2.50.112 NMAC.

E.Requirements for vapor recovery units (VRU):

(1) Emission standards:

(a) the owner or operator shall operate the VRU as a closed vent system that captures and routes all VOC emissions directly back to the process or to a sales pipeline and does not vent to the atmosphere.

(b) The owner or operator shall control VOC emissions during startup, shutdown, maintenance, or other VRU downtime with a backup control device (e.g. flare, ECD, TO) or redundant VRU during the period of VRU downtime, unless otherwise approved in an air permit issued prior to the effective date of this Part. Alternatively, the owner or operator may shut down and isolate the source being controlled by the VRU. For sites that already have a VRU installed as of the effective date of this Part, the owner or operator shall install backup control devices or redundant VRUs within three years of the effective date of this Part.

(2) Monitoring Requirements:

(a) the owner or operator shall comply with the standards for equipment leaks in 20.2.50.116 NMAC, or alternatively, shall implement a program that meets the requirements of Subpart OOOOa of 40 CFR 60.

(b) Prior to a VRU inspection or monitoring event, the owner or operator shall date and time stamp the event, and the required monitoring data entry shall be made in accordance with the requirements of this Part.

(3) Recordkeeping requirements: For a VRU inspection or monitoring event, the owner or operator shall record the result of the event, including the name of the person(s) conducting the inspection, any maintenance or repair activities required, and the date and time stamp(s), including GPS of the location, of any monitoring event. The owner or operator shall record the type of redundant control device used during VRU downtime, or keep records of the source shut down and isolated and the time period during which it was shut down, or records of compliance with an air permit issued prior to the effective date of this Part.

(4) Reporting requirements: The owner or operator shall comply with the reporting requirements in 20.2.50.112 NMAC.

F.Recordkeeping requirements: In addition to the general recordkeeping requirements of 20.2.50.112 NMAC, the owner or operator of a control device or closed vent system shall maintain a record of the following:

(1) the certification of the closed vent system assessment, where applicable, and as required by this Part; and

(2) the information required in Paragraph (6) of Subsection B of 20.2.50.115 NMAC.

G.Reporting requirements: The owner or operator shall comply with the reporting requirements in 20.2.50.112 NMAC.

N.M. Code R. § 20.2.50.115

Adopted by New Mexico Register, Volume XXXIII, Issue 14, July 26, 2022, eff. 8/5/2022