N.M. Code R. § 20.2.72.202

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

Section 20.2.72.202 - EXEMPTIONS

The following exemptions are made to the following requirements of 20.2.72.200 NMAC - 20.2.72.299 NMAC. The exemptions in this section do not apply to emissions of toxic air pollutants listed under 20.2.72.502 NMAC, do not alter the calculation of the potential emissions of toxic air pollutants for applicability under 20.2.72.402 NMAC, and do not exempt the Department or the owner or operator of any source from any requirement under 20.2.72.403 NMAC, 20.2.72.404 NMAC, or 20.2.72.405 NMAC.

A. The following sources and activities shall not be reported in the permit application. Emissions from such activities shall not be included in the calculation of facility-wide potential emission rate under Paragraphs 1 or 2 of Subsection A of 20.2.72.200 NMAC. Such activities may be commenced or changed without a permit or permit revision under 20.2.72.200 NMAC - 20.2.72.299 NMAC:

(1) Activities which occur strictly for maintenance of grounds or buildings, including: lawn care, pest control, grinding, cutting, welding, painting, woodworking, sweeping, general repairs, janitorial activities, and building roofing operations;

(2) Activities for maintenance of equipment or pollution control equipment, either inside or outside of a building, including cutting, welding, and grinding, but excluding painting;

(3) Exhaust emissions from forklifts, courier vehicles, front end loaders, graders, carts, maintenance trucks, and fugitive emissions from fleet vehicle refueling operations, provided such emissions are not subject to any requirements under this Chapter (Air Quality), NSPS or NESHAP;

(4) Use of fire fighting equipment and fire fighting training;

(5) Government military activities such as field exercises, explosions, weapons testing and demolition to the extent that such activities:

(a) Do not result in visible emissions entering publicly accessible areas; and

(b) Are not subject to a NSPS or NESHAP;

(6) Office activities, such as photocopying;

(7) Test drilling for characterization of underground storage tank and waste disposal sites;

(8) Non-anthropogenic wind blown dust;

(9) Residential activities such as use of fireplaces, woodstoves, and barbecue cookers;

(10) Gases used to calibrate plant instrumentation, including continuous emission monitoring (CEM) systems;

(11) Food service, such as cafeteria activities;

(12) Automotive repair shop activities, except painting and use of solvents;

(13) Use of portable aerospace ground equipment (such as power generators, compressors, heaters, air conditioners, lighting units) in direct support of aircraft operations and on or in the immediate vicinity of an airfield;

(14) Activities which occur strictly for preventive maintenance of highway bridges, displays and water towers, including: grinding, cutting, welding, painting, and general repairs;

(15) The act of repositioning or relocating equipment, pipes, ductwork, or conveyors within the plant site, but only when such change in physical configuration does not:

(a) Reposition or relocate any source of air emissions or the emission points from any such source; or

(b) Increase the amount of air emissions or the ambient impacts of such emissions.

B. The presence of the following new or modified sources and activities at the facility shall be reported as provided for in the permit application forms supplied by the Department. Emissions from such sources and activities shall not be included in the calculation of facility-wide potential emission rate under Paragraphs 1 or 2 of Subsection A of 20.2.72.200 NMAC. Construction of such sources or commencement of such activities after issuance of the permit shall be subject to the administrative permit revision procedures in 20.2.219 NMAC.

(1) Fuel burning equipment which is used solely for heating buildings for personal comfort or for producing hot water for personal use and which:

(a) Uses gaseous fuel and has a design rate less than or equal to five (5) million BTU per hour; or

(b) Uses distillate oil (not including waste oil) and has a design rate less than or equal to one (1) million BTU per hour;

(2) VOC emissions resulting from the handling or storing of any VOC if:

(a) Such VOC has a vapor pressure of less than two tenths (0.2) PSI at temperatures at which the compound is stored and handled; and

(b) The owner or operator maintains sufficient record keeping to verify that the requirements of Sub-paragraph (a) of this paragraph are met;

(3) Standby generators which are:

(a) Operated only during the unavoidable loss of commercial utility power;

(b) Operated less than 500 hours per year; and

(c) Either are:

i. The only source of air emissions at the site; or

ii. Accompanied by sufficient record keeping to verify that the standby generator is operated less than 500 hours per year;

(4) The act of repositioning or relocating sources of air emissions or emissions points within the plant site, but only when such change in physical configuration does not increase air emissions or the ambient impacts of such emissions;

(5) Any emissions unit, operation, or activity that has a potential emission rate of no more than one-half (1/2) ton per year of any pollutant for which a National or New Mexico Ambient Air Quality Standard has been set or one-half (1/2) ton per year of any VOC. Multiple emissions units, operations, and activities that perform identical or similar functions shall be combined in determining the applicability of this exemption;

(6) Surface coating of equipment, including spray painting, roll coating, and painting with aerosol spray cans, if:

(a) The potential emission rate of VOCs do not exceed ten (10) pounds per hour;

(b) The facility-wide total VOC content of all coating and clean-up solvent use is less than two (2) tons per year; and

(c) The owner or operator maintains sufficient record keeping to verify that the requirements in Sub-paragraphs (a) and (b) of this paragraph are met;

(7) Particulate emissions resulting from abrasive blasting operations, if:

(a) Blasting operations are entirely enclosed in a building; and

(b) No visible particulate emissions are released from the building.

C. For sources and units subject to 40 CFR Part 60(NSPS), 40 CFR Part 61(NESHAP) or other Parts of this Chapter (Air Quality), except 40 CFR Part 60 Subparts I (asphalt plants) and OOO (rock crushers), 40 CFR Part 61 Subpart C (Beryllium), and 40 CFR Part 61 Subpart D (Beryllium Rocket Motor Firing):

(1) Such sources and units shall be exempt from the applicability requirements in Paragraph 3 of Subsection A of 20.2.72.200 NMAC if such sources or units:

(a) Are included in a Notice of Intent filed under 20.2.73 NMAC (Notice of Intent and Emissions Inventory); or

(b) Have met the notification requirements to which they are subject under NSPS or NESHAP; and

(2) Applicability determinations under Paragraphs 1 and 2 of Subsection A of 20.2.72.200 NMAC shall take into account all federally enforceable emission limits established for such sources or units under NSPS, NESHAP and other Parts of this Chapter.

D. Portable Source Relocation. For a portable source which has been issued a permit under this Part:

(1) Such source may relocate without undergoing a permit revision if:

(a) The source is installed in a manner conforming with the initial permit;

(b) The source continues to meet all applicable emission limitations and permit conditions; and

(c) The source meets the applicable requirements in Paragraphs 2 and 3 of Subsection D of 20.2.72.202 NMAC below;

(2) For each portable compressor engine which has been issued a streamlined permit in accordance with Paragraph 1 of Subsection D of 20.2.72.301 NMAC, the owner or operator shall complete the appropriate forms provided by the Department and maintain such records on file for at least two (2) years;

(3) For all other portable sources, including but not limited to rock crushers and asphalt plants:

(a) The owner or operator shall notify the Department, on the form provided by the Department, at least fifteen (15) days prior to beginning installation at the new location;

(b) Operation at a new location of such source shall not commence until the Department has approved the relocation in writing;

(c) The Department shall not approve the relocation if it would result in exceedances of any National or New Mexico Ambient Air Quality Standard at the new location; and

(d) The Department shall approve, deny, or approve with conditions, the relocation request within fifteen (15) days of receipt of the notice form.

N.M. Code R. § 20.2.72.202

11/30/95; A, 01/07/98; A, 02/08/98