N.M. Code R. § 20.2.50.125

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

Section 20.2.50.125 - SMALL BUSINESS FACILITIES

A. Applicability: Small business facilities as defined in this Part are subject to Sections 20.2.50.125 NMAC and 20.2.50.127 NMAC of this Part. Small business facilities are not subject to any other requirements of this Part unless specifically identified in 20.2.50.125 NMAC.

B.General requirements:

(1) The owner or operator shall ensure that all equipment is operated and maintained consistent with manufacturer specifications, and good engineering and maintenance practices. The owner or operator shall keep manufacturer specifications and maintenance practices on file and make them available to the department upon request.

(2) The owner or operator shall calculate the VOC and NO_x emissions from the facility on an annual basis. The calculation shall be based on the actual production or processing rates of the facility.

(3) The owner or operator shall maintain a database of company-wide VOC and NO_x emission calculations for all subject facilities and associated equipment and shall update the database annually.

(4) The owner or operator shall comply with Paragraph (9) of Subsection A of 20.2.50.112 NMAC if requested by the department.

C.Monitoring requirements: The owner or operator shall comply with the requirements in Subsections C or D of 20.2.50.116 NMAC. The owner or operator shall comply with Subsection B of 20.2.50.111 NMAC in determining applicability of the requirements in 20.2.50.116 NMAC.

D.Repair requirements: The owner or operator shall comply with the requirements of Subsection E of 20.2.50.116 NMAC.

E.Recordkeeping requirements: The owner or operator shall maintain the following electronic records for each facility:

(1) annual certification that the small business facility meets the definition in this Part;

(2) calculated annual VOC and NO_x emissions from each facility and the company-wide annual VOC and NO_x emissions for all subject facilities; and

(3) records as required under Subsection F of 20.2.50.116 NMAC.

F.Reporting requirements: The owner or operator shall submit to the department an initial small business certification within sixty days of the effective date of this Part, and by March 1 of each calendar year thereafter. The certification shall be made on a form provided by the department. The owner or operator shall comply with the reporting requirements in 20.2.50.112 NMAC.

G.Failure to comply with 20.2.50.125 NMAC: Notwithstanding the provisions of Section 20.2.50.125 NMAC, a source that meets the definition of a small business facility can be required to comply with the other Sections of 20.2.50 NMAC if the Secretary finds based on credible evidence that the source (1) presents an imminent and substantial endangerment to the public health or welfare or to the environment; (2) is not being operated or maintained in a manner that minimizes emissions of air contaminants; or (3) has violated any other requirement of 20.2.50.125 NMAC.

N.M. Code R. § 20.2.50.125

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