Current through Register Vol. 35, No. 18, September 24, 2024
A. The owner or
operator of a source having an excess emission shall report the following
information to the department on forms provided by the department. The
department may authorize the submittal of such reports in electronic format.
The department may require that the owner or operator of a source provide
further information in addition to that already required by 20.11.49.15 NMAC by
a deadline specified by the department.
(1)
Initial excess emission report: The owner or operator shall file
an initial report, no later than the end of the next regular business day after
the time of discovery of an excess emission. The initial report shall include
all available information regarding each item required by Subsection B of
20.11.49.15 NMAC.
(2)
Final
excess emission report: No later than 10 days after the end of the
excess emission, the owner or operator shall file a final report that contains
specific and detailed information for each item required by Subsection B of
20.11.49.15 NMAC.
B.
Each excess emission report shall include the following information:
(1) the name of the source;
(2) the name of the owner and operator of the
source;
(3) the name and title of
the person preparing the report;
(4) identifying information for the source
(e.g. permit and database numbers);
(5) the specific date(s), time(s), and
duration of the excess emission;
(6) identification of the equipment involved
and the emission point(s) (including bypass) from which the excess emission
occurred;
(7) the air quality
regulation or permit condition that was exceeded;
(8) identification of the air contaminant(s)
and the magnitude of the excess emission expressed in the units of the air
quality regulation or permit condition;
(9) the method for determining the magnitude
and duration of the excess emission;
(10) the cause and nature of the excess
emission;
(11) the steps taken to
limit the duration and magnitude of the excess emission;
(12) the corrective action(s) taken to
eliminate the cause of the excess emission; if one or more corrective actions
are required, the report shall include a schedule for implementation of those
actions, with associated progress reports; if no corrective actions are
required, the report shall include a detailed explanation for that
conclusion.
(13) the corrective
action(s) taken to prevent a recurrence of the excess emission;
(14) whether the owner or operator attributes
the excess emission to malfunction, startup, shutdown or emergency;
(15) whether the owner or operator intends to
file a supplemental report under Subsections A, B, or C of
20.11.49.16
NMAC; and
(16) the person signing
the final report shall certify that it is true, accurate, and
complete.
C. If the
period of an excess emission extends beyond 10 days, the owner or operator
shall submit the final report required by Subsection B of 20.11.49.15 NMAC to
the department within 72 hours of the date and time the excess emission
ceased.
D.
Alternative
reporting. If an owner or operator of a source is subject to both the
excess emission reporting requirements of 20.11.49.15 NMAC and the reporting
requirements of 40 CFR Parts 60, 61, and 63, and the federal reporting
requirements duplicate the requirements of 20.11.49.15 NMAC, then the federal
reporting requirements shall suffice.
