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. 36, No. 6, March 25, 2025
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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