Current through Register Vol. 35, No. 18, September 24, 2024
A. Except as provided below, requirements for
existing (active and closed) MSWLs will be in accordance with 40 CFR Part 60
Subpart Cf.
(1) Existing active and closed
MSWLs will continue to comply with 40CFR Subpart Cc or WWW, as applicable,
until the effective date of final EPA approval, as published in the federal
register, of a state plan for Albuquerque - Bernalillo County implementing 40
CFR Part 60 Subpart Cf. Upon such EPA approval, existing (active and closed)
MSWLs will comply with 40 CFR Part 60 Subpart Cf.
(2) Each owner or operator of an existing
(active or closed) MSWL must comply with all provisions in 40 CFR Part 60
Subpart Cf notwithstanding any language therein characterizing provisions of 40
CFR Part 60 Subpart Cf as "guidelines."
B. All reports required in 40 CFR Part 60,
Subpart Cf shall be submitted to the department according to the schedules
outlined in that subpart and to the administrator of the EPA as required by
that subpart. Additional notifications regarding progress toward meeting the
final compliance schedule for control system installation and startup shall be
submitted to the department as follows:
(1)
Contracts for construction of collection and control systems shall be awarded
or orders for purchase of components shall be completed no later than six
months following submission of the final control plan as required by 40 CFR
60.38f(d);
(2) On-site construction
or installation of the collection and control system shall be initiated no
later than nine months following submission of the final control plan;
(3) On-site construction or
installation of the collection and control system shall be completed no later
than 29 months following the submission of an annual NMOC emission rate report
showing NMOC emissions equal to or exceeding the emissions threshold in 40 CFR
Part 60, Subpart Cf; and
(4)
Initial performance testing shall occur no later than 150 days following the
final compliance date in 40 CFR Part 60, Subpart Cf.
C.
Exceptions: Unless otherwise
specified in the applicable federal subpart, on a case by case basis and
consistent with 40 CFR Part 60.24(f), an existing active or closed MSWL may
apply for a less stringent emission standard or longer compliance schedule than
those otherwise required by this part, provided that the owner or operator
demonstrates to the department:
(1)
Unreasonable cost of control, including, but not limited to, MSWL age,
location, or basic design;
(2)
Physical impossibility or impracticability of installing necessary control
equipment; or
(3) Other
environmental factors specific to the MSWL that make application of a less
stringent standard or final compliance time significantly more
reasonable.
