N.M. Admin. Code § 20.2.50.112

Current through Register Vol. 35, No. 21, November 5, 2024

Section 20.2.50.112 - GENERAL PROVISIONS

A.General requirements:

(1) Sources subject to emissions standards and requirements under this Part shall be operated and maintained consistent with manufacturer specifications, or good engineering and maintenance practices. When used in this Part, the term manufacturer specifications means either the original equipment manufacturer (or successor) emissions-related design specifications, maintenance practices and schedules, or an alternative set of specifications, maintenance practices and schedules sufficient to operate and maintain such sources in good working order, which have been approved by qualified maintenance personnel based on engineering principles and field experience. The owner or operator shall keep manufacturer specifications on file when available, as well as any alternative specifications that are being followed, and make them available upon request by the department. The terms of Paragraph (1) of Subsection A of 20.2.50.112 NMAC apply any time reference to manufacturer specifications occurs in this Part.

(2) Sources, including associated air pollution control equipment and monitoring equipment, subject to emission standards or requirements under this Part shall at all times, including periods of startup, shutdown, and malfunction, be operated and maintained in a manner consistent with safety and good air pollution control practices for minimizing emissions of VOC and NOx. During a period of startup, shutdown, or malfunction, this general duty to minimize emissions requires that the owner or operator reduce emissions from the affected source to the greatest extent consistent with safety and good air pollution control practices. The general duty to minimize emissions does not require the owner or operator to make any further efforts to reduce emissions beyond levels required by the applicable standard under this Part. The terms of Paragraph (2) of Subsection A of 20.2.50.112 NMAC apply any time reference to minimizing emissions occurs in this Part.

(3) Within two years of the effective date of this Part, owners and operators of a source requiring equipment monitoring, testing, or inspection shall develop and implement a data system(s) capable of storing information for each source in a manner consistent with this Section. The owner or operator shall maintain information regarding each source requiring equipment monitoring, testing, or inspection in a data system(s), including the following information in addition to the required information specified in an applicable section of this Part:

(a) unique identification number;

(b) location (latitude and longitude) of the source;

(c) type of source (e.g., tank, VRU, dehydrator, pneumatic controller, etc.);

(d) for each source, the controlled VOC (and NO_x, if applicable) emissions in lbs./hr. and tpy;

(e) make, model, and serial number; and

(f) a link to the manufacturer maintenance schedule or repair recommendations, or company-specific operational and maintenance practices.

(4) The data system(s) shall be maintained by the owner or operator of the facility.

(5) The owner or operator shall manage the source's record of data in the data system(s). The owner or operator shall generate a Compliance Database Report (CDR) from the information in the data system. The CDR is an electronic report maintained by the owner or operator and that can be submitted to the department upon request.

(6) The CDR is a report distinct from the owner or operator's data system(s). The department does not require access to the owner or operator's data system(s), only the CDR.

(7) The owner or operator's authorized representative must be able to access and input data in the data system(s) record for that source. That access is not required to be at any time from any location.

(8) The owner or operator shall contemporaneously track each monitoring event, and shall comply with the following:

(a) data gathered during each monitoring or testing event shall be uploaded into the data system as soon as practicable, but no later than three business days of each compliance event, and when the final reports are received;

(b) certain sections of this Part require a date and time stamp, including a GPS display of the location, for certain monitoring events. No later than one year from the effective date of this Part, the department shall finalize a list of approved technologies to comply with date and time stamp requirements, and shall post the approved list on its website. Owners and operators shall comply with this requirement using an approved technology no later than two years from the effective date of this Part. Prior to such time, owners and operators may comply with this requirement by making a written or electronic record of the date and time of any affected monitoring event; and

(c) data required by this Part shall be maintained in the data system(s) for at least five years.

(9) The department for good cause may request that an owner or operator retain a third party at their own expense to verify any data or information collected, reported, or recorded pursuant to this Part, and make recommendations to correct or improve the collection of data or information. Such requests may be made no more than once per year. The owner or operator shall submit a report of the verification and any recommendations made by the third party to the department by a date specified and implement the recommendations in the manner approved by the department. The owner or operator may request a hearing on whether good cause was demonstrated or whether the recommendations approved by the department must be implemented.

(10) Where Part 50 refers to applicable federal standards or requirements, the references are to the applicable federal standards or requirements that were in effect at the time of the effective date of this Part, unless the applicable federal standards or requirements have been superseded by more stringent federal standards or requirements.

(11) Prior to modifying an existing source, including but not limited to increasing a source's throughput or emissions, the owner or operator shall determine the applicability of this Part in accordance with 20.2.50.111.B NMAC.

B.Monitoring requirements: In addition to any monitoring requirements specified in the applicable sections of this Part, owners and operators shall comply with the following:

(1) Unless otherwise specified, the term monitoring as used in this Part includes, but is not limited to, monitoring, testing, or inspection requirements.

(2) If equipment is shut down at the time of periodic testing, monitoring, or inspection required under this Part, the owner or operator shall not be required to restart the unit for the sole purpose of performing the testing, monitoring, or inspection, but shall note the shut down in the records kept for that equipment for that monitoring event.

C.Recordkeeping requirements: In addition to any recordkeeping requirements specified in the applicable sections of this Part, owners and operators shall comply with the following:

(1) Within three business days of a monitoring event and when final reports are received, an electronic record shall be made of the monitoring event and shall include the information required by the applicable sections of this Part.

(2) The owner or operator shall keep an electronic record required by this Part for five years.

(3) By July 1 of each calendar year starting in 2024, the owner or operator shall generate a Compliance Database Report (CDR) on all assets under its control that are subject to the CDR requirements of this Part at the time the CDR is prepared and keep this report on file for five years.

D.Reporting requirements: In addition to any reporting requirements specified in the applicable sections in this Part, the owner or operator shall respond within three business days to a request for information by the department under this Part. The response shall provide the requested information for each source subject to the request by electronically submitting a CDR to the department's Secure Extranet Portal (SEP), or by other means and formats specified by the department in its request. If the department requests a CDR from multiple facilities, additional time will be given as appropriate.

N.M. Admin. Code § 20.2.50.112

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