New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD
Part 46 - SULFUR DIOXIDE EMISSIONS INVENTORY REQUIREMENTS; WESTERN BACKSTOP SULFUR DIOXIDE TRADING PROGRAM
Section 20.11.46.16 - MONITORING, RECORD KEEPING AND REPORTING
Universal Citation: 20 NM Admin Code 20.11.46.16
Current through Register Vol. 35, No. 18, September 24, 2024
A. General requirements for monitoring methods:
(1) For each
SO2 emitting unit at a WEB source the owner or operator
shall comply with the following, as applicable, to monitor and record
SO2 mass emissions:
(a) if a unit is subject to 40 CFR Part 75
under a requirement separate from the WEB trading program, the unit shall meet
the requirements contained in 40 CFR Part 75 with respect to monitoring,
recording and reporting SO2 mass emissions;
(b) if a unit is not subject to 40 CFR Part
75 under a requirement separate from the WEB trading program, a unit shall use
one of the following monitoring methods, as applicable:
(i) a continuous emission monitoring system
(CEMS) for SO2 and flow that complies with all
applicable monitoring provisions in 40 CFR Part 75;
(ii) if the unit is a gas- or oil-fired
combustion device, the excepted monitoring methodology in Appendix D to 40 CFR
Part 75, or, if applicable, the low mass emissions (LME) provisions (with
respect to SO2 mass emissions only) of
40
CFR 75.19;
(iii) one of the optional WEB protocols, if
applicable, in 20.11.46.21 NMAC,
SO2monitoring of fuel gas
combustion devices or 20.11.46.22 NMAC, protocol WEB 2:
predictive flow monitoring systems for kilns with positive pressure fabric
filter; or
(iv) a petition
for site-specific monitoring that the source submits for approval by the
department and approval by the EPA in accordance with Paragraph (5) of
Subsection H of 20.11.46.16 NMAC;
(c) a permanently retired unit shall not be
required to monitor under Section 20.11.46.15 NMAC if such unit was permanently
retired and had no emissions for the entire period for which the WEB source
implements Subparagraph (c) of Paragraph (1) of Subsection A of 20.11.46.16,
and the account representative certifies in accordance with Subsection B of
20.11.46.19 NMAC that these conditions were met; and in the event that a
permanently retired unit recommences operation, the WEB source shall meet the
requirements of 20.11.46.16 NMAC in the same manner as if the unit was a new
unit.
(2)
Notwithstanding Paragraph (1) of Subsection A of 20.11.46.16 NMAC, the WEB
source with a unit that meets one of the conditions of Subparagraph (a) of
Paragraph (2) of Subsection A of 20.11.46.16 NMAC may elect to have the
provisions of Paragraph (2) of Subsection A of 20.11.46.16 NMAC apply to that
unit.
(a) Any of the following units may
implement Paragraph (2) of Subsection A of 20.11.46.16 NMAC:
(i) any smelting operation where all of the
emissions from the operation are not ducted to a stack; or
(ii) any flare, except to the extent such
flares are used as a fuel gas combustion device at a petroleum refinery;
or
(iii) any other type of unit
without add-on SO2 control equipment, if the unit
belongs to one of the following source categories: cement kilns, pulp and paper
recovery furnaces, lime kilns or glass manufacturing.
(b) For each unit covered by Paragraph (2) of
Subsection B of 20.11.46.16 NMAC, the account representative shall submit a
notice to request that Paragraph (2) of Subsection A of 20.11.46.16 NMAC
applies to one or more SO2 emitting units at a WEB
source. The notice shall be submitted in accordance with the compliance dates
specified in Paragraph (1) of Subsection F of 20.11.46.16 NMAC, and shall
include the following information (in a format specified by the department with
such additional, related information as may be requested):
(i) a notice of all units at the applicable
source, specifying which of the units are to be covered by Paragraph (2) of
Subsection A of 20.11.46.16 NMAC; and
(ii) an identification of any such units that
are permanently retired.
(c) For each new unit at an existing WEB
source for which the WEB source seeks to comply with this Paragraph (2) of
Subsection A of 20.11.46.16 NMAC, and for which the account representative
applies for an allocation under the new source set-aside provisions of
Subsection F of 20.11.46.14 NMAC, the account representative shall submit a
modified notice under Subparagraph (b) of Paragraph (2) of Subsection A of
20.11.46.16 NMAC, that includes such new SO2 emitting
unit(s). The modified notice shall be submitted in accordance with the
compliance dates in Paragraph (1) of Subsection F of 20.11.46.16 NMAC, but no
later than the date on which a request must be submitted under Paragraph (1) of
Subsection F of 20.11.46.14 NMAC for allocations from the set-aside.
(d) The account representative for a WEB
source shall submit an annual emissions statement for each unit under Paragraph
(2) of Subsection A of 20.11.46.16 NMAC in accordance with Subsection H of
20.11.46.16 NMAC. The WEB source shall maintain operating records sufficient to
estimate annual SO2 emissions in a manner consistent
with the emission inventory submitted by the source for calendar year 2006. In
addition, if the estimated emissions from all such units at the WEB source are
greater than the allowances for the current control year held in the special
reserve compliance account for the WEB source, the account representative shall
report the excess amount as part of the annual report for the WEB source under
20.11.46.19 NMAC, compliance and the WEB source shall obtain
and transfer allowances into the special reserve compliance account for the WEB
source to account for such emissions, in accordance with 20.11.46.19
NMAC.
(e) The remaining provisions
of 20.11.46.16 NMAC shall not apply to units covered by Subparagraph (c) of
Paragraph (2) of Subsection A of 20.11.46.16 NMAC except where otherwise
noted.
(f) A WEB source may opt to
modify the monitoring for an SO2 emitting unit to use
monitoring under Paragraph (1) of Subsection A of 20.11.46.16 NMAC, but any
such monitoring change shall take effect on January 1 of the next compliance
year. In addition, the account representative shall submit an initial
monitoring plan at least 180 days prior to the date on which the new monitoring
will take effect and a detailed monitoring plan in accordance with Subsection B
of 20.11.46.16 NMAC. The account representative shall also submit a revised
notice under Subparagraph (b) of Paragraph (2) of Subsection A of 20.11.46.16
NMAC at the same time that the initial monitoring plan is submitted.
(3) For any monitoring
that the WEB source uses under 20.11.46.16 NMAC (including Paragraph (2) of
Subsection A of Section 20.11.46.16 NMAC), the WEB source (and, as applicable,
the account representative) shall implement, certify, and use such monitoring
in accordance with 20.11.46.16 NMAC, and shall record and report the data from
such monitoring as required in 20.11.46.16 NMAC. In addition, the WEB source
(and, as applicable, the account representative) shall not:
(a) except for an alternative approved by the
EPA administrator for a WEB source that implements monitoring under
Subparagraph (a) of Paragraph (1) of Subsection A of 20.11.46.16 NMAC, use an
alternative monitoring system, alternative reference method or another
alternative for the required monitoring method without having obtained prior
written approval in accordance with Paragraph (5) of Subsection H of
20.11.46.16 NMAC;
(b) operate an
SO2 emitting unit so as to discharge, or allow to be
discharged, SO2 emissions to the atmosphere without
accounting for these emissions in accordance with the applicable provisions of
20.11.46.16 NMAC;
(c) disrupt the
approved monitoring method or any portion thereof, and thereby avoid monitoring
and recording SO2 mass emissions discharged into the
atmosphere, except for periods of recertification or periods when calibration,
quality-assurance testing or maintenance is performed in accordance with the
applicable provisions of 20.11.46.16 NMAC; or
(d) retire or permanently discontinue use of
an approved monitoring method, except under one of the following circumstances:
(i) during a period when the unit is exempt
from the requirements of 20.11.46.16 NMAC, including retirement of a unit as
addressed in Subparagraph (c) of Paragraph (3) of Subsection A of 20.11.46.16
NMAC;
(ii) the WEB source is
monitoring emissions from the unit with another certified monitoring method
approved under 20.11.46.16 NMAC for use at the unit that provides data for the
same parameter as the retired or discontinued monitoring method; or
(iii) the account representative submits
notification of the date of certification testing of a replacement monitoring
system in accordance with 20.11.46.16 NMAC, and the WEB source recertifies
thereafter a replacement monitoring system in accordance with the applicable
provisions of 20.11.46.16 NMAC.
B. Monitoring plan
(1) General provisions: The owner or operator
of an SO2 emitting unit that uses a monitoring method
under Subparagraph (b) of Paragraph (1) of Subsection A of 20.11.46.16 NMAC
shall meet the following requirements:
(a)
prepare and submit to the department an initial monitoring plan for each
monitoring method that the WEB source uses to comply with 20.11.46.16 NMAC; and
in accordance with Paragraph (3) of Subsection B of 20.11.46.16 NMAC, the plan
shall contain sufficient information on the units involved, the applicable
method, and the use of data derived from that method to demonstrate that all
unit SO2 emissions are monitored and reported; and the
plan shall be submitted in accordance with the compliance deadlines specified
in Subsection F of 20.11.46.16 NMAC;
(b) prepare, maintain and submit to the
department a detailed monitoring plan prior to the first day of certification
testing in accordance with the compliance deadline specified in Subsection F of
20.11.46.16 NMAC; the plan shall contain the applicable information required by
Subsection B of 20.11.46.16 NMAC; the department may require that the
monitoring plan (or portions thereof) be submitted electronically; and the
department also may require that the plan be submitted on an ongoing basis in
electronic format as part of the quarterly report submitted under Paragraph (1)
of Subsection H of 20.11.46.16 NMAC or resubmitted separately after any change
is made to the plan in accordance with the following Paragraph (3) of
Subsection B of 20.11.46.16 NMAC;
(c) whenever the WEB source makes a
replacement, modification, or change in one of the systems or methodologies
provided for in Subparagraph (b) of Paragraph (1) of Subsection A of
20.11.46.16 NMAC, including a change in the automated data acquisition and
handling system or in the flue gas handling system, that affects information
reported in the monitoring plan (e.g., a change to serial number for a
component of a monitoring system), then the WEB source shall update the
monitoring plan within 90 days of the replacement, modification, or
change.
(2) A WEB source
with an SO2 emitting unit that uses a method under
Subparagraph (a) of Paragraph (1) of Subsection A of 20.11.46.16 NMAC (a unit
subject to 40 CFR Part 75 under a program other than this WEB trading program)
shall meet the requirements of Subsection B of 20.11.46.16 NMAC by preparing,
maintaining and submitting a monitoring plan in accordance with the
requirements of 40 CFR Part 75, provided that the WEB source also shall submit
the entire monitoring plan to the department upon request.
(3) Initial monitoring plan: The account
representative shall submit an initial monitoring plan for each
SO2 emitting unit (or group of units sharing a common
methodology) that, except as otherwise specified in an applicable provision in
20.11.46.21 NMAC, contains the following information:
(a) for all SO2
emitting units involved in the monitoring plan:
(i) plant name and location;
(ii) plant and unit identification numbers
assigned by the department;
(iii)
type of unit (or units for a group of units using a common monitoring
methodology);
(iv) identification
of all stacks or pipes associated with the monitoring plan;
(v) types of fuel(s) fired (or sulfur
containing process materials used in the SO2 emitting
unit), and the fuel classification of the unit if combusting more than one type
of fuel and using a 40 CFR Part 75 methodology;
(vi) type(s) of emissions controls for
SO2 installed or to be installed, including
specifications of whether such controls are pre-combustion, post-combustion, or
integral to the combustion process;
(vii) maximum hourly heat input capacity, or
process throughput capacity, if applicable;
(viii) identification of all units using a
common stack; and
(ix) indicator of
whether any stack identified in the plan is a bypass stack;
(b) for each unit and parameter required to
be monitored, identification of monitoring methodology information, consisting
of monitoring methodology, monitor locations, substitute data approach for the
methodology, and general identification of quality assurance procedures; and if
the proposed methodology is a site-specific methodology submitted pursuant to
Item (iv) of Subparagraph (b) of Paragraph (1) of Subsection A of 20.11.46.16
NMAC, the description under Subparagraph (b) of Paragraph (3) of Subsection B
of 20.11.46.16 NMAC shall describe fully all aspects of the monitoring
equipment, installation locations, operating characteristics, certification
testing, ongoing quality assurance and maintenance procedures, and substitute
data procedures;
(c) if the WEB
source intends to petition for a change to any specific monitoring requirement
otherwise required under 20.11.46.16 NMAC, such petition may be submitted as
part of the initial monitoring plan;
(d) the department may issue a notice of
approval or disapproval of the initial monitoring plan based on the compliance
of the proposed methodology with the requirements for monitoring in 20.11.46.16
NMAC.
(4) Detailed
monitoring plan: The account representative shall submit a detailed monitoring
plan that, except as otherwise specified in an applicable provision in
20.11.46.21 NMAC, SO2 monitoring of fuel gas
combustion devices or 20.11.46.22 NMAC, protocol WEB 2:
predictive flow monitoring systems for kilns with positive pressure fabric
filter, shall contain the following information:
(a) identification and description of each
monitoring component (including each monitor and its identifiable components,
such as analyzer or probe) in a CEMS (e.g., SO2
pollutant concentration monitor, flow monitor, moisture monitor), a 40 CFR Part
75, Appendix D monitoring system (e.g., fuel flowmeter, data acquisition and
handling system), or a protocol in 20.11.46.21 NMAC or 20.11.46.22 NMAC,
including:
(i) manufacturer, model number and
serial number;
(ii) component or
system identification code assigned by the facility to each identifiable
monitoring component, such as the analyzer or probe;
(iii) designation of the component type and
method of sample acquisition or operation (e.g., in situ pollutant
concentration monitor or thermal flow monitor);
(iv) designation of the system as a primary
or backup system;
(v) first and
last dates the system reported data;
(vi) status of the monitoring component;
and
(vii) parameter
monitored;
(b)
identification and description of all major hardware and software components of
the automated data acquisition and handling system, including:
(i) hardware components that perform emission
calculations or store data for quarterly reporting purposes (provide the
manufacturer and model number); and
(ii) software components (provide the
identification of the provider and model or version
number);
(c) explicit
formulas for each measured emissions parameter, using component or system
identification codes for the monitoring system used to measure the parameter
that links the system observations with the reported concentrations and mass
emissions; the formulas shall contain all constants and factors required to
derive mass emissions from component or system code observations and an
indication of whether the formula is being added, corrected, deleted, or is
unchanged; and the WEB source with a low mass emissions unit for which the WEB
source is using the optional low mass emissions excepted methodology in
40
CFR 75.19(c) is not required
to report such formulas;
(d)
inside cross-sectional area (square feet) at flow monitoring location (for
units with flow monitors, only);
(e) if using CEMS for
SO2 and flow, for each parameter monitored include:
scale, maximum potential concentration (and method of calculation), maximum
expected concentration (if applicable, and method of calculation), maximum
potential flow rate (and method of calculations), span value, full-scale range,
daily calibration units of measure, span effective date and hour, span
inactivation date and hour, indication of whether dual spans are required,
default high range value, flow rate span, and flow rate span value and full
scale value in standard cubic feet per hour (scfh) for each unit or stack using
SO2 or flow component monitors;
(f) if the monitoring system or excepted
methodology provides for use of a constant, assumed, or default value for a
parameter under specific circumstances, then the following information for each
value of such parameter shall be included:
(i)
identification of the parameter;
(ii) default, maximum, minimum, or constant
value, and units of measure for the value;
(iii) purpose of the value;
(iv) indicator of use during controlled and
uncontrolled hours;
(v) types of
fuel;
(vi) source of the
value;
(vii) value effective date
and hour;
(viii) date and hour
value is no longer effective (if applicable); and
(ix) for units using the excepted methodology
under
40
CFR 75.19, the applicable
SO2 emission factor;
(g) unless otherwise specified in Section
6.5.2.1 of Appendix A to 40 CFR Part 75, for each unit or common stack on which
hardware CEMS are installed:
(i) the upper
and lower boundaries of the range of operation (as defined in Section 6.5.2.1
of Appendix A to 40 CFR Part 75), or thousands of pounds per hour (lb/hr) of
steam, or ft/sec (as applicable);
(ii) the load or operating level(s)
designated as normal in Section 6.5.2.1 of Appendix A to 40 CFR Part 75, or
thousands of lb/hr of steam, or feet per second ft/sec (as
applicable);
(iii) the two load or
operating levels (i.e., low, mid, or high) identified in Section 6.5.2.1 of
Appendix A to 40 CFR Part 75 as the most frequently used;
(iv) the date of the data analysis used to
determine the normal load (or operating) level(s) and the two most
frequently-used load (or operating) levels; and
(v) activation and deactivation dates when
the normal load or operating level(s) change and are updated;
(h) for each unit that is
complying with 40 CFR Part 75 for which the optional fuel flow-to-load test in
Section 2.1.7 of Appendix D to 40 CFR Part 75 is used:
(i) the upper and lower boundaries of the
range of operation (as defined in Section 6.5.2.1 of Appendix A to 40 CFR Part
75), expressed in thousands of lb/hr of steam;
(ii) the load level designated as normal,
pursuant to Section 6.5.2.1 of Appendix A to 40 CFR Part 75, expressed in
thousands of lb/hr of steam; and
(iii) the date of the load analysis used to
determine the normal load level;
(i) information related to quality assurance
testing, including (as applicable): identification of the test strategy;
protocol for the relative accuracy test audit; other relevant test information;
calibration gas levels (percent of span) for the calibration error test and
linearity check; calculations for determining maximum potential concentration,
maximum expected concentration (if applicable), maximum potential flow rate,
and span;
(j) if applicable,
apportionment strategies under
40 CFR
75.10 through
75.18;
(k) description of site locations for each
monitoring component in a monitoring system, including schematic diagrams and
engineering drawings and any other documentation that demonstrates each monitor
location meets the appropriate siting criteria; and for units monitored by a
continuous emission monitoring system, diagrams shall include:
(i) a schematic diagram identifying entire
gas handling system from unit to stack for all units, using identification
numbers for units, monitor components, and stacks corresponding to the
identification numbers provided in the initial monitoring plan and
Subparagraphs (a) and (c) of Paragraph (4) of Subsection B of 20.11.46.16 NMAC;
the schematic diagram must depict the height of any monitor locations; and
comprehensive or separate schematic diagrams shall be used to describe groups
of units using a common stack; and
(ii) stack and duct engineering diagrams
showing the dimensions and locations of fans, turning vanes, air preheaters,
monitor components, probes, reference method sampling ports, and other
equipment that affects the monitoring system location, performance, or quality
control checks;
(l) a
data flow diagram denoting the complete information-handling path from output
signals of CEMS components to final reports.
(5) In addition to supplying the information
in Paragraphs (3) and (4) of Subsection B of 20.11.46.16 NMAC above, the WEB
source with an SO2 emitting unit using either of the
methodologies in Item (ii) of Subparagraph (b) of Paragraph (1) of Subsection A
of 20.11.46.16 NMAC shall include the following information in its monitoring
plan for the specific situations described:
(a) for each gas-fired or oil-fired
SO2 emitting unit for which the WEB source uses the
optional protocol in Appendix D to 40 CFR Part 75 for
SO2 mass emissions, the account representative shall
include the following information in the monitoring plan:
(i) parameter monitored;
(ii) type of fuel measured, maximum fuel flow
rate, units of measure, and basis of maximum fuel flow rate (i.e., upper range
value or unit maximum) for each fuel flowmeter;
(iii) test method used to check the accuracy
of each fuel flowmeter;
(iv)
submission status of the data;
(v)
monitoring system identification code;
(vi) the method used to demonstrate that the
unit qualifies for monthly gross calorific value (GCV)
sampling or for daily or annual fuel sampling for sulfur content, as
applicable;
(vii) a schematic
diagram identifying the relationship between the unit, all fuel supply lines,
the fuel flowmeter(s), and the stack(s); the schematic diagram must depict the
installation location of each fuel flowmeter and the fuel sampling location(s);
and comprehensive and separate schematic diagrams shall be used to describe
groups of units using a common pipe;
(viii) for units using the optional default
SO2 emission rate for "pipeline natural gas" or "natural
gas" in Appendix D to 40 CFR Part 75, the information on the sulfur content of
the gaseous fuel used to demonstrate compliance with either Section 2.3.1.4 or
2.3.2.4 of Appendix D to 40 CFR Part 75;
(ix) for units using the 720 hour test under
Section 2.3.6 of Appendix D to 40 CFR Part 75 to determine the required sulfur
sampling requirements, report the procedures and results of the test;
and
(x) for units using the 720
hour test under Section 2.3.5 of Appendix D to 40 CFR Part 75 to determine the
appropriate fuel GCV sampling frequency, report the procedures used and the
results of the test;
(b)
for each SO2 emitting unit for which the WEB source uses
the low mass emission excepted methodology of
40
CFR 75.19, the WEB source shall include the
following information in the monitoring plan that accompanies the initial
certification application:
(i) the results of
the analysis performed to qualify as a low mass emissions unit under
40
CFR 75.19(c); this report
shall include either the previous three years actual or projected emissions;
and the following items shall be included: a) current calendar year of
application; b) type of qualification; c) years one, two, and three; d) annual
measured, estimated or projected SO2 mass emissions for
years one, two, and three; and e) annual operating hours for years one, two,
and three;
(ii) a schematic diagram
identifying the relationship between the unit, all fuel supply lines and tanks,
any fuel flowmeter(s), and the stack(s); and comprehensive or separate
schematic diagrams shall be used to describe groups of units using a common
pipe;
(iii) for units which use the
long term fuel flow methodology under
40
CFR 75.19(c)(3), a diagram
of the fuel flow to each unit or group of units and a detailed description of
the procedures used to determine the long term fuel flow for a unit or group of
units for each fuel combusted by the unit or group of units;
(iv) a statement that the unit burns only
gaseous fuel(s) or fuel oil and a list of the fuels that are burned or a
statement that the unit is projected to burn only gaseous fuel(s) or fuel oil
and a list of the fuels that are projected to be burned;
(v) a statement that the unit meets the
applicability requirements in
40
CFR 75.19(a) and (b) with
respect to SO2 emissions; and
(vi) any unit historical actual, estimated
and projected SO2 emissions data and calculated
SO2 emissions data demonstrating that the unit qualifies
as a low mass emissions unit under
40
CFR 75.19(a) and
(b).
(c) for each gas-fired unit the account
representative shall include the following in the monitoring plan: current
calendar year, fuel usage data as specified in the definition of "gas-fired" in
40
CFR 72.2, and an indication of whether the
data are actual or projected data.
(6) The specific elements of a monitoring
plan under 20.11.46.16 NMAC shall not be part of an operating permit for a WEB
source issued in accordance with the Title V of the Clean Air Act, and
modifications to the elements of the plan shall not require a permit
modification.
C. Certification and recertification:
(1) All
monitoring systems are subject to initial certification and recertification
testing as specified in 40 CFR Part 75, 20.11.46.21 NMAC or; 20.11.46.22 NMAC.
Certification or recertification of a monitoring system by the EPA for a WEB
source that is subject to 40 CFR Part 75 under a requirement separate from
20.11.46 NMAC shall constitute certification under the WEB Trading
Program.
(2) The WEB source with an
SO2 emitting unit not otherwise subject to 40 CFR Part
75 that monitors SO2 mass emissions in accordance with
40 CFR Part 75 to satisfy the requirements of 20.11.46.16 NMAC shall perform
all of the tests required by that regulation and shall submit the following:
(a) a test notice, not later than 21 days
before the certification testing of the monitoring system, provided that the
department may establish additional requirements for adjusting test dates after
this notice as part of the approval of the initial monitoring plan under
Paragraph (3) of Subsection B of 20.11.46.16 NMAC;
(b) an initial certification application
within 45 days after testing is complete;
(3) a monitoring system shall be considered
provisionally certified while the application is pending, and the system shall
be deemed certified if the department does not approve or disapprove the system
within six months after the date on which the application is
submitted;
(4) both at the time of
the initial certification or recertification application submission and at the
time of the audit, if an audit of any monitoring certified under 20.11.46 NMAC,
and a review of the initial certification or recertification application,
reveal that any system or component should not have been certified or
recertified because it did not meet a particular performance specification or
other requirement of 20.11.46 NMAC, the department will issue a notice of
disapproval of the certification status of such system or component; for the
purposes of Paragraph (2) of Subsection C of 20.11.46.16 NMAC, an audit shall
be either a field audit of the facility or an audit of any information
submitted to the department regarding the facility; by issuing the notice of
disapproval, the certification status is revoked prospectively, and the data
measured and recorded shall not be considered valid quality-assured data from
the date of issuance of the notification of the revoked certification status
until the date and time that the WEB source completes subsequently approved
initial certification or recertification tests in accordance with the
procedures in 20.11.46.16 NMAC; and the WEB source shall apply the substitute
data procedures in 20.11.46.16 NMAC to replace, prospectively, all of the
invalid, non-quality-assured data for each disapproved system or
component.
D. Ongoing quality assurance and quality control: The WEB source shall satisfy the applicable quality-assurance and quality control requirements of 40 CFR Part 75 or, if the WEB source is subject to a WEB protocol in 20.11.46.21 NMAC, SO2 monitoring of fuel gas combustion devices, the applicable quality-assurance and quality control requirements in 20.11.46.21 NMAC on and after the date that certification testing commences.
E. Substitute data procedures:
(1) For any period after
certification testing is complete in which quality-assured, valid data are not
being recorded by a monitoring system certified and operating in accordance
with 20.11.46 NMAC, missing or invalid data shall be replaced with substitute
data in accordance with 40 CFR Part 75 or, if the WEB source is subject to a
WEB protocol in 20.11.46.21 NMAC, SO2 monitoring
of fuel gas combustion devices or 20.11.46.22 NMAC, protocol
WEB 2: predictive flow monitoring systems for kilns with positive pressure
fabric filter, with substitute data in accordance with 20.11.46.21
NMAC.
(2) For an
SO2 emitting unit that does not have a certified or
provisionally certified monitoring system in place as of the beginning of the
first control period for which the unit is subject to the WEB trading program,
the WEB source shall use one of the following procedures:
(a) if the WEB Source will use a CEMS to
comply with 20.11.46.16 NMAC, substitute the maximum potential concentration of
SO2 for the unit and the maximum potential flow rate, as
determined in accordance with 40 CFR Part 75; and the procedures for
conditional data validation under Section 75.20(b)(3) may be used for any
monitoring system under 20.11.46 NMAC that uses these 40 CFR Part 75
procedures, as applicable;
(b) if
the WEB source will use the 40 CFR Part 75 Appendix D methodology, substitute
the maximum potential sulfur content, density or gross calorific value for the
fuel and the maximum potential fuel flow rate, in accordance with Section 2.4
of Appendix D to 40 CFR Part 75;
(c) if the WEB source will use the 40 CFR
Part 75 methodology for low mass emissions units, substitute the
SO2 emission factor required for the unit as specified
in
40
CFR 75.19 and the maximum rated hourly heat
input, as defined in
40
CFR 72.2; or
(d) if using a protocol in 20.11.46.21 NMAC
or 20.11.46.22 NMAC, follow the procedures in the applicable
protocol.
F. Compliance deadlines:
(1) The initial
monitoring plan shall be submitted by the following dates:
(a) for each source that is a WEB source on
or before the program trigger date, the monitoring plan shall be submitted 180
days after such program trigger date;
(b) for any existing source that becomes a
WEB source after the program trigger date, the monitoring plan shall be
submitted by September 30 of the year following the inventory year in which the
source exceeded the emissions threshold (100 tpy
SO2);
(c)
for any new WEB source, the monitoring plan shall be included with the permit
application under 20.11.41 NMAC, 20.11.42 NMAC, 20.11.60 NMAC or 20.11.61
NMAC.
(2) A detailed
monitoring plan required under Subparagraph (b) of Paragraph (1) of Subsection
B of 20.11.46.16 NMAC shall be submitted no later than 45 days prior to
commencing certification as required by Paragraph (3) of Subsection F of
20.11.46.16 NMAC. Modifications to the monitoring plan shall be submitted
within 90 days of implementing revised monitoring plans.
(3) Emission monitoring systems shall be
installed, operational and shall have met all of the certification testing
requirements of 20.11.46.16 NMAC (including any referenced in 20.11.46.21 NMAC
or 20.11.46.22 NMAC) by the following dates:
(a) for each source that is a WEB source on
or before the program trigger date: two years prior to the start of the first
control period as described in 20.11.46.19 NMAC,
compliance;
(b)
for any existing source that becomes a WEB source after the program trigger
date: one year after the due date for the monitoring plan under Subparagraph
(b) of Paragraph (1) of Subsection F of 20.11.46.16 NMAC;
(c) for any new WEB source, or any new unit
at a WEB source under Subparagraph (a) or (b) of Paragraph (3) of Subsection F
of 20.11.46.16 NMAC: the earlier of 90 unit operating days or 180 calendar days
after the date the new source commences operation.
(4) The WEB source shall submit test notices
and certification applications in accordance with the deadlines set forth in
Paragraph (2) of Subsection C of 20.11.46.16 NMAC.
(5) For each applicable control period, the
WEB source shall submit each quarterly report under Subsection H of 20.11.46.16
NMAC by no later than 30 days after the end of each calendar quarter and shall
submit the annual report under Subsection H of 20.11.46.16 NMAC no later than
60 days after the end of each calendar year.
G. Record keeping:
(1) The WEB source shall keep copies of all
reports, registration materials, compliance certifications, sulfur dioxide
emissions data, quality-assurance data, and other submissions under 20.11.46
NMAC for a period of five years. In addition, the WEB source shall keep a copy
of all account certificates of representation for the duration of this program.
Unless otherwise requested by the WEB source and approved by the department,
the copies shall be kept on site at the source.
(2) The WEB source shall keep records of all
operating hours, quality-assurance activities, fuel sampling measurements,
hourly averages for SO2, stack flow, fuel flow, or other
continuous measurements, as applicable, and any other applicable data elements
specified in 20.11.46.16 NMAC, 20.11.46.21 NMAC or in 20.11.46.22 NMAC. The WEB
source shall maintain the applicable records specified in 40 CFR Part 75 for
any SO2 emitting unit that uses a 40 CFR Part 75
monitoring method to meet the requirements of 20.11.46.16 NMAC.
H. Reporting.
(1) Quarterly reports. For each
SO2 emitting unit, the account representative shall
submit a quarterly report within 30 days after the end of each calendar
quarter. The report shall be in a format specified by the department to include
hourly and quality-assurance activity information and shall be submitted in a
manner compatible with the WEB EATS. If the WEB source submits a quarterly
report under 40 CFR Part 75 to the EPA administrator, no additional report
under Paragraph (1) of Subsection H of 20.11.46.16 NMAC shall be required,
provided, however, that the department may require that a copy of that report
(or a separate statement of quarterly and cumulative annual
SO2 mass emissions) be submitted separately to the
department.
(2) Annual report.
Based on the quarterly reports, each WEB source shall submit an annual
statement of total annual SO2 emissions for all
SO2 emitting units at the source. The annual report
shall identify the total emissions for all units monitored in accordance with
Paragraph (1) of Subsection A of 20.11.46.16 NMAC and the total emissions for
all units with emissions estimated in accordance with Paragraph (2) of
Subsection A of 20.11.46.16 NMAC. The annual report shall be submitted within
60 days after the end of a control period.
(3) If the department so directs, any
monitoring plan, report, certification, recertification, or emissions data
required to be submitted under 20.11.46.16 NMAC shall be submitted to the
tracking system administrator.
(4)
The department may review and reject any report submitted under Subsection H of
20.11.46.16 NMAC that contains errors or fails to satisfy the requirements of
20.11.46.16 NMAC, and the account representative shall resubmit the report to
correct any deficiencies.
I. Petitions:
(1) A WEB source may petition for an
alternative to any requirement specified in Subparagraph (b) of Paragraph (1)
of Subsection A of 20.11.46.16 NMAC. The petition shall require approval of the
department and the EPA administrator. Any petition submitted under Paragraph
(1) of Subsection I of 20.11.46.16 NMAC shall include sufficient information
for the evaluation of the petition, including, at a minimum, the following
information:
(a) identification of the WEB
source and applicable SO2 emitting unit(s);
(b) a detailed explanation of why the
proposed alternative is being suggested in lieu of the requirement;
(c) a description and diagram of any
equipment and procedures used in the proposed alternative, if
applicable;
(d) a demonstration
that the proposed alternative is consistent with the purposes of the
requirement for which the alternative is proposed and is consistent with the
purposes of 20.11.46 NMAC and that any adverse effect of approving such
alternative will be de minimis; and
(e) any other relevant information that the
department may require.
J. For any monitoring plans, reports, or other information submitted under 20.11.46 NMAC, the account representative shall ensure that, where applicable, identifying information is consistent with the identifying information provided in the most recent certificate of representation for the WEB source submitted under 20.11.46.12 NMAC, account representative for WEB sources.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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