New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD
Part 60 - PERMITTING IN NONATTAINMENT AREAS
Section 20.11.60.27 - ACTUALS PLANTWIDE APPLICABILITY LIMITS (PALS)
Universal Citation: 20 NM Admin Code 20.11.60.27
Current through Register Vol. 35, No. 18, September 24, 2024
A. Applicability.
(1) The department may approve the use of an
actuals PAL for any existing major stationary source (except as provided in
Paragraph (2) of Subsection A of 20.11.60.27 NMAC) if the PAL meets the
requirements of 20.11.60.27 NMAC. The term "PAL" shall mean "actuals PAL"
throughout 20.11.60.27 NMAC.
(2) An
actuals PAL for VOC or NOX shall not be allowed for any
major stationary source located in an extreme ozone nonattainment
area.
(3) Any physical change in or
change in the method of operation of a major stationary source that maintains
its total source-wide emissions below the PAL level, meets the requirements of
20.11.60.27 NMAC, and complies with the PAL permit:
(a) is not a major modification for the PAL
pollutant;
(b) does not have to be
approved through the requirements of 20.11.60 NMAC; and
(c) is not subject to the provisions in
Subsection A of 20.11.60.13 NMAC (restrictions on relaxing enforceable emission
limitations that the major stationary source used to avoid applicability of the
nonattainment major new source review program).
(4) Except as provided under Subparagraph (c)
of Paragraph (3) of Subsection A of 20.11.60.27 NMAC, a major stationary source
shall continue to comply with all applicable federal or state requirements,
emission limitations, and work practice requirements that were established
prior to the effective date of the PAL.
B. Definitions. When a term is not defined in Subsection B of 20.11.60.27 NMAC, it shall have the meaning given in 20.11.60.7 NMAC or in 20.11.1 NMAC.
(1) Actuals PAL for
a major stationary source means a PAL based on the baseline actual emissions of
all emissions units at the source that emit or have the potential to emit the
PAL pollutant.
(2) Allowable
emissions means "allowable emissions" as defined in Subsection D of 20.11.60.7
NMAC, except as this definition is modified according to Subparagraph (a) and
(b) of Paragraph (2) of Subsection B of 20.11.60.27 NMAC.
(a) The allowable emissions for any emissions
unit shall be calculated considering any emission limitations that are
enforceable as a practical matter on the emissions unit's potential to
emit.
(b) An emissions unit's
potential to emit shall be determined using the definition in Subsection EE of
20.11.60.7 NMAC, except that the words "or enforceable as a practical matter"
should be added after "federally enforceable".
(3) Small emissions unit means an emissions
unit that emits or has the potential to emit the PAL pollutant in an amount
less than the significant level for that PAL pollutant, as defined in
Subsection MM of 20.11.60.7 NMAC or in the federal Clean Air Act, whichever is
lower.
(4) Major emissions unit
means:
(a) Any emissions unit that emits or
has the potential to emit 100 tons per year or more of the PAL pollutant in an
attainment area; or
(b) any
emissions unit that emits or has the potential to emit the PAL pollutant in an
amount that is equal to or greater than the major source threshold for the PAL
pollutant as defined by the federal Clean Air Act for nonattainment areas; for
example, in accordance with the definition of major stationary source in
Section 182 (c) of the federal Clean Air Act, an emissions unit would be a
major emissions unit for VOC if the emissions unit is located in a serious
ozone nonattainment area and it emits or has the potential to emit 50 or more
tons of VOC per year.
(5) Plantwide applicability limitation (PAL)
means an emission limitation expressed in tons per year, for a pollutant at a
major stationary source that is enforceable as a practical matter and
established source-wide in accordance with 20.11.60.27 NMAC.
(6) PAL effective date generally means the
date of issuance of the PAL permit. However, the PAL effective date for an
increased PAL is the date any emissions unit which is part of the PAL major
modification becomes operational and begins to emit the PAL
pollutant.
(7) PAL effective period
means the period beginning with the PAL effective date and ending 10 years
later.
(8) PAL major modification
means, notwithstanding the definitions for major modification and net emissions
increase in 20.11.60.7 NMAC, any physical change in or change in the method of
operation of the PAL source that causes it to emit the PAL pollutant at a level
equal to or greater than the PAL.
(9) PAL permit means the minor NSR permit,
major NSR permit or operating permit issued by the department under the
requirements of 20.11.41 NMAC, 20.11.60 NMAC, or 20.11.61 NMAC, or the title V
permit issued by the department under the requirements of 20.11.42 that
establishes a PAL for a major stationary source.
(10) PAL pollutant means the pollutant for
which a PAL is established at a major stationary source.
(11) Significant emissions unit means an
emissions unit that emits or has the potential to emit a PAL pollutant in an
amount that is equal to or greater than the significant level (as defined in
Subsection MM of 20.11.60.7 NMAC or in the federal Clean Air Act, whichever is
lower) for that PAL pollutant, but less than the amount that would qualify the
unit as a major emissions unit as defined in Paragraph (4) of Subsection B of
20.11.60.27 NMAC.
C. Permit application requirements. As part of a permit application requesting a PAL, the owner or operator of a major stationary source shall submit the following information to the department for approval.
(1) A list of all emissions units at the
source designated as small, significant or major based on their potential to
emit. In addition, the owner or operator of the source shall indicate which, if
any, federal or state applicable requirements, emission limitations or work
practices apply to each unit.
(2)
Calculations of the baseline actual emissions with supporting documentation.
Baseline actual emissions are to include emissions associated not only with
operation of the unit, but also emissions associated with startup, shutdown and
malfunction.
(3) The calculation
procedures that the major stationary source owner or operator proposes to use
to convert the monitoring system data to monthly emissions and annual emissions
based on a 12-month rolling total for each month as required by Paragraph (1)
of Subsection M of 20.11.60.27 NMAC.
D. General requirements for establishing PALs.
(1) A PAL at a major stationary source
may be established by the department, provided that at a minimum, the following
requirements are met.
(a) The PAL shall
impose an annual emission limitation in tons per year that is enforceable as a
practical matter, for the entire major stationary source. For each month during
the PAL effective period after the first 12 months of establishing a PAL, the
major stationary source owner or operator shall show that the sum of the
monthly emissions from each emissions unit under the PAL for the previous 12
consecutive months is less than the PAL (a 12-month average, rolled monthly).
For each month during the first 11 months from the PAL effective date, the
major stationary source owner or operator shall show that the sum of the
preceding monthly emissions from the PAL effective date for each emissions unit
under the PAL is less than the PAL.
(b) The PAL shall be established in a PAL
permit that meets the public participation requirements in Subsection E of
20.11.60.27 NMAC.
(c) The PAL
permit shall contain all the requirements of Subsection G of 20.11.60.27
NMAC.
(d) The PAL shall include
fugitive emissions, to the extent quantifiable, from all emissions units that
emit or have the potential to emit the PAL pollutant at the major stationary
source.
(e) Each PAL shall regulate
emissions of only one pollutant.
(f) Each PAL shall have a PAL effective
period of 10 years.
(g) The owner
or operator of the major stationary source with a PAL shall comply with the
monitoring, recordkeeping, and reporting requirements provided in Subsection L
through N of 20.11.60.27 NMAC for each emissions unit under the PAL through the
PAL effective period.
(2) At no time (during or after the PAL
effective period) are emissions reductions of a PAL pollutant, which occur
during the PAL effective period, creditable as decreases for purposes of
offsets under Subsection B of 20.11.60.15 NMAC unless the level of the PAL is
reduced by the amount of such emissions reductions and such reductions would be
creditable in the absence of the PAL.
E. Public participation requirement for PALs. PALs for existing major stationary sources shall be established, renewed, or increased through a procedure that is consistent with 40 CFR 51.160 and 161. This includes the requirement that the department provide the public with notice of the proposed approval of a PAL permit and at least a 30-day period for submittal of public comment. The department shall address all material comments before taking final action on the permit.
F. Setting the 10-year actuals PAL level.
(1) Except as provided in
Paragraph (2) of Subsection F of 20.11.60.27 NMAC, the actuals PAL level for a
major stationary source shall be established as the sum of the baseline actual
emissions (as defined in 20.11.60.7 NMAC) of the PAL pollutant for each
emissions unit at the source; plus an amount equal to the applicable
significant level for the PAL pollutant under Subsection UU of 20.11.60.27 NMAC
or under the federal Clean Air Act, whichever is lower. When establishing the
actuals PAL level, for a PAL pollutant, only one consecutive 24-month period
must be used to determine the baseline actual emissions for all existing
emissions units. However, a different consecutive 24-month period may be used
for each different PAL pollutant. Emissions associated with units that were
permanently shutdown after this 24-month period must be subtracted from the PAL
level. The department shall specify a reduced PAL level(s) (in tons/yr) in the
PAL permit to become effective on the future compliance date(s) of any
applicable federal or state regulatory requirement(s) that the department is
aware of prior to issuance of the PAL permit. For instance, if the source owner
or operator will be required to reduce emissions from industrial boilers in
half from baseline emissions of 60 ppm NOX to a new rule
limit of 30 ppm, then the permit shall contain a future effective PAL level
that is equal to the current PAL level reduced by half of the original baseline
emissions of such unit(s).
(2) For
newly constructed units (which do not include modifications to existing units)
on which actual construction began after the 24-month period, in lieu of adding
the baseline actual emissions as specified in Paragraph (1) of Subsection F of
20.11.60.27 NMAC, the emissions must be added to the PAL level in an amount
equal to the potential to emit of the units.
G. Contents of the PAL permit. The PAL permit shall contain, at a minimum, all of the following information.
(1) The PAL pollutant and the applicable
source-wide emission limitation in tons per year.
(2) The PAL permit effective date and the
expiration date of the PAL (PAL effective period).
(3) Specification in the PAL permit that if a
major stationary source owner or operator applies to renew a PAL in accordance
with Subsection J of 20.11.60.27 NMAC before the end of the PAL effective
period, then the PAL shall not expire at the end of the PAL effective period.
It shall remain in effect until a revised PAL permit is issued by the
department.
(4) A requirement that
emission calculations for compliance purposes include emissions from startups,
shutdowns and malfunctions.
(5) A
requirement that, once the PAL expires, the major stationary source is subject
to the requirements of Subsection I of 20.11.60.27 NMAC.
(6) The calculation procedures that the major
stationary source owner or operator shall use to convert the monitoring system
data to monthly emissions and annual emissions based on a 12-month rolling
total for each month as required by Paragraph (1) of Subsection M of
20.11.60.27 NMAC.
(7) A requirement
that the major stationary source owner or operator monitor all emissions units
in accordance with the provisions under Subsection L of 20.11.60.27
NMAC.
(8) A requirement to retain
the records required under Subsection M of 20.11.60.27 NMAC on site. Such
records may be retained in an electronic format.
(9) A requirement to submit the reports
required under Subsection N of 20.11.60.27 NMAC by the required
deadlines.
(10) Any other
requirements that the department deems necessary to implement and enforce the
PAL.
H. PAL effective period and reopening of the PAL permit.
(1)
PAL effective period. The permit shall specify a PAL effective period of 10
years.
(2) Reopening of the PAL
permit.
(a) During the PAL effective period,
the department shall reopen the PAL permit to:
(i) correct typographical/calculation errors
made in setting the PAL or reflect a more accurate determination of emissions
used to establish the PAL;
(ii)
reduce the PAL if the owner or operator of the major stationary source creates
creditable emissions reductions for use as offsets under 20.11.60.15 NMAC;
or
(iii) revise the PAL to reflect
an increase in the PAL as provided under Subsection K of 20.11.60.27
NMAC.
(b) The department
may reopen the PAL permit to:
(i) reduce the
PAL to reflect newly applicable federal requirements (for example, NSPS) with
compliance dates after the PAL effective date;
(ii) to reduce the PAL consistent with any
other requirement, that is enforceable as a practical matter, and that the
department may impose on the major stationary source under 20.11.60 NMAC;
or
(iii) to reduce the PAL if the
department determines that a reduction is necessary to avoid causing or
contributing to a NAAQS or PSD increment violation, or to an adverse impact on
an air quality related value that has been identified for a federal class I
area by a federal land manager and for which information is available to the
general public.
(c) Except
for the permit reopening in Subparagraph (a) of Paragraph (2) of Subsection H
of 20.11.60.27 NMAC for the correction of typographical/calculation errors that
do not increase the PAL level, all other reopenings shall be carried out in
accordance with the public participation requirements of Subsection E of
20.11.60.27 NMAC.
I. Expiration of a PAL. Any PAL which is not renewed in accordance with the procedures in Subsection J of 20.11.60.27 NMAC shall expire at the end of the PAL effective period, and the following requirements shall apply.
(1) Each emissions
unit (or each group of emissions units) that existed under the PAL shall comply
with an allowable emission limitation under a revised permit established
according to the following procedures.
(a)
Within the time frame specified for PAL renewals in Paragraph (2) of Subsection
J of 20.11.60.27 NMAC, the major stationary source shall submit a proposed
allowable emission limitation for each emissions unit (or each group of
emissions units, if such a distribution is more appropriate as decided by the
department) by distributing the PAL allowable emissions for the major
stationary source among each of the emissions units that existed under the PAL.
If the PAL had not yet been adjusted for an applicable requirement that became
effective during the PAL effective period, as required under Paragraph (5) of
Subsection J of 20.11.60.27 NMAC, such distribution shall be made as if the PAL
had been adjusted.
(b) The
department shall decide whether and how the PAL allowable emissions will be
distributed and issue a revised permit incorporating allowable limits for each
emissions unit, or each group of emissions units, as the department determines
is appropriate.
(2) Each
emissions unit(s) shall comply with the allowable emission limitation on a
12-month rolling basis. The department may approve the use of monitoring
systems (source testing, emission factors, etc.) other than CEMS, CERMS, PEMS
or CPMS to demonstrate compliance with the allowable emission
limitation.
(3) Until the
department issues the revised permit incorporating allowable limits for each
emissions unit, or each group of emissions units, as required under
Subparagraph (a) of Paragraph (1) of Subsection I of 20.11.60.27 NMAC, the
source shall continue to comply with a source-wide, multi-unit emissions cap
equivalent to the level of the PAL emission limitation.
(4) Any physical change or change in the
method of operation at the major stationary source will be subject to the
nonattainment major new source review requirements if such change meets the
definition of major modification in 20.11.60.7 NMAC.
(5) The major stationary source owner or
operator shall continue to comply with any New Mexico or federal applicable
requirements (BACT, RACT, NSPS, etc.) that may have applied either during the
PAL effective period or prior to the PAL effective period except for those
emission limitations that had been established pursuant to 20.11.60.12 NMAC,
but were eliminated by the PAL in accordance with the provisions in
Subparagraph (c) of Paragraph (3) of Subsection A of 20.11.60.27 NMAC.
J. Renewal of a PAL.
(1) The department shall follow the
procedures specified in Subsection E of 20.11.60.27 NMAC in approving any
request to renew a PAL for a major stationary source, and shall provide both
the proposed PAL level and a written rationale for the proposed PAL level to
the public for review and comment. During such public review, any person may
propose a PAL level for the source for consideration by the
department.
(2) Application
deadline. A major stationary source owner or operator shall submit a timely
application to the department to request renewal of a PAL. A timely application
is one that is submitted at least six months prior to, but not earlier than 18
months from, the date of permit expiration. This deadline for application
submittal is to ensure that the permit will not expire before the permit is
renewed. If the owner or operator of a major stationary source submits a
complete application to renew the PAL within this time period, then the PAL
shall continue to be effective until the revised permit with the renewed PAL is
issued.
(3) Application
requirements. The application to renew a PAL permit shall contain the following
information.
(a) The information required in
Paragraphs (1) through (3) of Subsection C of 20.11.60.27 NMAC.
(b) A proposed PAL level.
(c) The sum of the potential to emit of all
emissions units under the PAL, (with supporting documentation).
(d) Any other information the owner or
operator wishes the department to consider in determining the appropriate level
for renewing the PAL.
(4) PAL adjustment. In determining whether
and how to adjust the PAL, the department shall consider the options outlined
in Subparagraph (a) of Paragraph (4) of Subsection J of 20.11.60.27 NMAC.
However, in no case may any such adjustment fail to comply with Subparagraph
(b) of Paragraph (4) of Subsection J of 20.11.60.27 NMAC.
(a) If the emissions level calculated in
accordance with Subsection F of 20.11.60.27 NMAC is equal to or greater than 80
percent of the PAL level, the department may renew the PAL at the same level
without considering the factors set forth in Subparagraph (b) of Paragraph (4)
of Subsection J of 20.11.60.27 NMAC; or
(b) the department may set the PAL at a level
that it determines to be more representative of the source's baseline actual
emissions, or that it determines to be appropriate considering air quality
needs, advances in control technology, anticipated economic growth in the area,
desire to reward or encourage the source's voluntary emissions reductions, or
other factors as specifically identified by the department in its written
rationale.
(c) Notwithstanding
Paragraph (4) of Subsection J of 20.11.60.27 NMAC,
(i) if the potential to emit of the major
stationary source is less than the PAL, the department shall adjust the PAL to
a level no greater than the potential to emit of the source; and
(ii) the department shall not approve a
renewed PAL level higher than the current PAL, unless the major stationary
source has complied with the provisions of Subsection K of 20.11.60.27 NMAC,
Increasing a PAL during the PAL effective
period.
(5) If the compliance date for a New Mexico
or federal requirement that applies to the PAL source occurs during the PAL
effective period, and if the department has not already adjusted for such
requirement, the PAL shall be adjusted at the time of PAL permit renewal or
title V permit renewal, whichever occurs first.
K. Increasing a PAL during the PAL effective period.
(1) The department may increase a PAL
emission limitation only if the major stationary source complies with the
following provisions.
(a) The owner or
operator of the major stationary source shall submit a complete application to
request an increase in the PAL limit for a PAL major modification. Such
application shall identify the emissions unit(s) contributing to the increase
in emissions so as to cause the major stationary source's emissions to equal or
exceed its PAL.
(b) As part of this
application, the major stationary source owner or operator shall demonstrate
that the sum of the baseline actual emissions of the small emissions units,
plus the sum of the baseline actual emissions of the significant and major
emissions units assuming application of BACT equivalent controls, plus the sum
of the allowable emissions of the new or modified emissions unit(s) exceeds the
PAL. The level of control that would result from BACT equivalent controls on
each significant or major emissions unit shall be determined by conducting a
new BACT analysis at the time the application is submitted, unless the
emissions unit is currently required to comply with a BACT or LAER requirement
that was established within the preceding 10 years. In such a case, the assumed
control level for that emissions unit shall be equal to the level of BACT or
LAER with which that emissions unit must currently comply.
(c) The owner or operator shall obtain a
major new source review permit for all emissions unit(s) identified in
Subparagraph (a) of Paragraph (1) of Subsection K of 20.11.60.27 NMAC,
regardless of the magnitude of the emissions increase resulting from them (that
is, no significant levels apply). These emissions unit(s) shall comply with any
emissions requirements resulting from the nonattainment major NSR program
process (for example, LAER), even though they have also become subject to the
PAL or continue to be subject to the PAL.
(d) The PAL permit shall require that the
increased PAL level shall be effective on the day any emissions unit that is
part of the PAL major modification becomes operational and begins to emit the
PAL pollutant.
(2) The
department shall calculate the new PAL as the sum of the allowable emissions
for each modified or new emissions unit, plus the sum of the baseline actual
emissions of the significant and major emissions units (assuming application of
BACT equivalent controls as determined in accordance with Subparagraph (b) of
Paragraph (1) of Subsection K of 20.11.60.27 NMAC), plus the sum of the
baseline actual emissions of the small emissions units.
(3) The PAL permit shall be revised to
reflect the increased PAL level pursuant to the public notice requirements of
Subsection E of 20.11.60.27 NMAC.
L. Monitoring requirements for PALs.
(1) General Requirements.
(a) Each PAL permit must contain enforceable
requirements for the monitoring system that accurately determines plantwide
emissions of the PAL pollutant in terms of mass per unit of time. Any
monitoring system authorized for use in the PAL permit must be based on sound
science and meet generally acceptable scientific procedures for data quality
and manipulation. Additionally, the information generated by such system must
meet minimum legal requirements for admissibility in a judicial proceeding to
enforce the PAL permit.
(b) The PAL
monitoring system must employ one or more of the four general monitoring
approaches meeting the minimum requirements set forth in Subparagraphs (a)
through (d) of Paragraph (2) of Subsection L of 20.11.60.27 NMAC and must be
approved by the department.
(c)
Notwithstanding Subparagraph (b) of Paragraph (1) of Subsection L of
20.11.60.27 NMAC, the owner or operator may also employ an alternative
monitoring approach that meets Subparagraph (a) of Paragraph (1) of Subsection
L of 20.11.60.27 NMAC if approved by the department.
(d) Failure to use a monitoring system that
meets the requirements of 20.11.60.27 NMAC renders the PAL invalid.
(2) Minimum performance
requirements for approved monitoring approaches. The following are acceptable
general monitoring approaches when conducted in accordance with the minimum
requirements in Paragraphs (3) through (9) of Subsection L of 20.11.60.27 NMAC:
(a) mass balance calculations for activities
using coatings or solvents;
(b)
CEMS;
(c) CPMS or PEMS;
and
(d) emission factors.
(3) Mass balance calculations. An
owner or operator using mass balance calculations to monitor PAL pollutant
emissions from activities using coating or solvents shall meet the following
requirements:
(a) provide a demonstrated
means of validating the published content of the PAL pollutant that is
contained in or created by all materials used in or at the emissions
unit;
(b) assume that the emissions
unit emits all of the PAL pollutant that is contained in or created by any raw
material or fuel used in or at the emissions unit, if it cannot otherwise be
accounted for in the process; and
(c) where the vendor of a material or fuel,
which is used in or at the emissions unit, publishes a range of pollutant
content from such material, the owner or operator must use the highest value of
the range to calculate the PAL pollutant emissions unless the department
determines there is site-specific data or a site-specific monitoring program to
support another content within the range.
(4) CEMS. An owner or operator using CEMS to
monitor PAL pollutant emissions shall meet the following requirements:
(a) CEMS must comply with applicable
Performance Specifications found in 40 CFR part 60, appendix B; and
(b) CEMS must sample, analyze and record data
at least every 15 minutes while the emissions unit is operating.
(5) CPMS or PEMS. An owner or
operator using CPMS or PEMS to monitor PAL pollutant emissions shall meet the
following requirements:
(a) the CPMS or the
PEMS must be based on current site-specific data demonstrating a correlation
between the monitored parameter(s) and the PAL pollutant emissions across the
range of operation of the emissions unit; and
(b) each CPMS or PEMS must sample, analyze,
and record data at least every 15 minutes, or at another less frequent interval
approved by the department, while the emissions unit is operating.
(6) Emission factors. An owner or
operator using emission factors to monitor PAL pollutant emissions shall meet
the following requirements:
(a) all emission
factors shall be adjusted, if appropriate, to account for the degree of
uncertainty or limitations in the factors' development;
(b) the emissions unit shall operate within
the designated range of use for the emission factor, if applicable;
and
(c) if technically practicable,
the owner or operator of a significant emissions unit that relies on an
emission factor to calculate PAL pollutant emissions shall conduct validation
testing to determine a site-specific emission factor within six months of PAL
permit issuance, unless the department determines that testing is not
required.
(7) A source
owner or operator must record and report maximum potential emissions without
considering enforceable emission limitations or operational restrictions for an
emissions unit during any period of time that there is no monitoring data,
unless another method for determining emissions during such periods is
specified in the PAL permit.
(8)
Notwithstanding the requirements in Paragraphs (3) through (7) of Subsection L
of 20.11.60.27 NMAC, where an owner or operator of an emissions unit cannot
demonstrate a correlation between the monitored parameter(s) and the PAL
pollutant emissions rate at all operating points of the emissions unit, the
department shall, at the time of permit issuance:
(a) establish default value(s) for
determining compliance with the PAL based on the highest potential emissions
reasonably estimated at such operating point(s); or
(b) determine that operation of the emissions
unit during operating conditions when there is no correlation between monitored
parameter(s) and the PAL pollutant emissions is a violation of the
PAL.
(9) Revalidation.
All data used to establish the PAL pollutant must be revalidated through
performance testing or other scientifically valid means approved by the
department. Such testing must occur at least once every five years after
issuance of the PAL.
M. Recordkeeping requirements.
(1) The PAL
permit shall require an owner or operator to retain a copy of all records
necessary to determine compliance with any requirement of 20.11.60.27 NMAC and
of the PAL, including a determination of each emissions unit's 12-month rolling
total emissions, for five years from the date of such record.
(2) The PAL permit shall require an owner or
operator to retain a copy of the following records for the duration of the PAL
effective period plus five years:
(a) a copy
of the PAL permit application and any applications for revisions to the PAL;
and
(b) each annual certification
of compliance pursuant to title V and the data relied on in certifying the
compliance.
N. Reporting and notification requirements. The owner or operator shall submit semi-annual monitoring reports and prompt deviation reports to the department in accordance with the requirements of 20.11.42 NMAC. The reports shall meet the following requirements.
(1) Semi-Annual Report. The semi-annual
report shall be submitted to the department within 30 days of the end of each
reporting period. This report shall contain the following information.
(a) The identification of owner and operator
and the permit number.
(b) Total
annual emissions (tons/year) based on a 12-month rolling total for each month
in the reporting period recorded pursuant to Paragraph (1) of Subsection M of
20.11.60.27 NMAC.
(c) All data
relied upon, including, but not limited to, any quality assurance or quality
control data, in calculating the monthly and annual PAL pollutant
emissions.
(d) A list of any
emissions units modified or added to the major stationary source during the
preceding six-month period.
(e) The
number, duration, and cause of any deviations or monitoring malfunctions (other
than the time associated with zero and span calibration checks), and any
corrective action taken.
(f) A
notification of a shutdown of any monitoring system, whether the shutdown was
permanent or temporary, the reason for the shutdown, the anticipated date that
the monitoring system will be fully operational or replaced with another
monitoring system, and whether the emissions unit monitored by the monitoring
system continued to operate, and the calculation of the emissions of the
pollutant or the number determined by method included in the permit, as
provided by Paragraph (7) of Subsection L of 20.11.60.27 NMAC.
(g) A signed statement by the responsible
official (as defined by 20.11.42.7 NMAC) certifying the truth, accuracy, and
completeness of the information provided in the report.
(2) Deviation report. The major stationary
source owner or operator shall promptly submit reports of any deviations or
exceedance of the PAL requirements, including periods where no monitoring is
available. A report submitted pursuant to
40 CFR
70.6(a)(3)(iii)(B) shall
satisfy this reporting requirement. The deviation reports shall be submitted
within the time limits prescribed by the applicable program implementing
40 CFR
70.6(a)(3)(iii)(B). The
reports shall contain the following information:
(a) the identification of owner and operator
and the permit number;
(b) the PAL
requirement that experienced the deviation or that was exceeded;
(c) emissions resulting from the deviation or
the exceedance; and
(d) a signed
statement by the responsible official (as defined by 20.11.42 NMAC) certifying
the truth, accuracy, and completeness of the information provided in the
report.
(3) Revalidation
results. The owner or operator shall submit to the department the results of
any revalidation test or method within three months after completion of such
test or method.
O. Transition requirements.
(1) The department
shall not issue a PAL that does not comply with the requirements of 20.11.60.27
NMAC after the administrator has approved regulations incorporating these
requirements into the SIP.
(2) The
department may supersede any PAL which was established prior to the date of
approval of 20.11.60 NMAC by the administrator with a PAL that complies with
the requirements of 20.11.60.27 NMAC.
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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