New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 2 - AIR QUALITY (STATEWIDE)
Part 50 - OIL AND GAS SECTOR - OZONE PRECURSOR POLLUTANTS
Section 20.2.50.112 - GENERAL PROVISIONS
Universal Citation: 20 NM Admin Code 20.2.50.112
Current through Register Vol. 35, No. 6, March 26, 2024
A. General requirements:
(1) Sources
subject to emissions standards and requirements under this Part shall be
operated and maintained consistent with manufacturer specifications, or good
engineering and maintenance practices. When used in this Part, the term
manufacturer specifications means either the original equipment manufacturer
(or successor) emissions-related design specifications, maintenance practices
and schedules, or an alternative set of specifications, maintenance practices
and schedules sufficient to operate and maintain such sources in good working
order, which have been approved by qualified maintenance personnel based on
engineering principles and field experience. The owner or operator shall keep
manufacturer specifications on file when available, as well as any alternative
specifications that are being followed, and make them available upon request by
the department. The terms of Paragraph (1) of Subsection A of 20.2.50.112 NMAC
apply any time reference to manufacturer specifications occurs in this
Part.
(2) Sources, including
associated air pollution control equipment and monitoring equipment, subject to
emission standards or requirements under this Part shall at all times,
including periods of startup, shutdown, and malfunction, be operated and
maintained in a manner consistent with safety and good air pollution control
practices for minimizing emissions of VOC and NOx. During a period of startup,
shutdown, or malfunction, this general duty to minimize emissions requires that
the owner or operator reduce emissions from the affected source to the greatest
extent consistent with safety and good air pollution control practices. The
general duty to minimize emissions does not require the owner or operator to
make any further efforts to reduce emissions beyond levels required by the
applicable standard under this Part. The terms of Paragraph (2) of Subsection A
of 20.2.50.112 NMAC apply any time reference to minimizing emissions occurs in
this Part.
(3) Within two years of
the effective date of this Part, owners and operators of a source requiring
equipment monitoring, testing, or inspection shall develop and implement a data
system(s) capable of storing information for each source in a manner consistent
with this Section. The owner or operator shall maintain information regarding
each source requiring equipment monitoring, testing, or inspection in a data
system(s), including the following information in addition to the required
information specified in an applicable section of this Part:
(a) unique identification number;
(b) location (latitude and longitude) of the
source;
(c) type of source (e.g.,
tank, VRU, dehydrator, pneumatic controller, etc.);
(d) for each source, the controlled VOC (and
NOx, if applicable) emissions in lbs./hr. and
tpy;
(e) make, model, and serial
number; and
(f) a link to the
manufacturer maintenance schedule or repair recommendations, or
company-specific operational and maintenance practices.
(4) The data system(s) shall be maintained by
the owner or operator of the facility.
(5) The owner or operator shall manage the
source's record of data in the data system(s). The owner or operator shall
generate a Compliance Database Report (CDR) from the information in the data
system. The CDR is an electronic report maintained by the owner or operator and
that can be submitted to the department upon request.
(6) The CDR is a report distinct from the
owner or operator's data system(s). The department does not require access to
the owner or operator's data system(s), only the CDR.
(7) The owner or operator's authorized
representative must be able to access and input data in the data system(s)
record for that source. That access is not required to be at any time from any
location.
(8) The owner or operator
shall contemporaneously track each monitoring event, and shall comply with the
following:
(a) data gathered during each
monitoring or testing event shall be uploaded into the data system as soon as
practicable, but no later than three business days of each compliance event,
and when the final reports are received;
(b) certain sections of this Part require a
date and time stamp, including a GPS display of the location, for certain
monitoring events. No later than one year from the effective date of this Part,
the department shall finalize a list of approved technologies to comply with
date and time stamp requirements, and shall post the approved list on its
website. Owners and operators shall comply with this requirement using an
approved technology no later than two years from the effective date of this
Part. Prior to such time, owners and operators may comply with this requirement
by making a written or electronic record of the date and time of any affected
monitoring event; and
(c) data
required by this Part shall be maintained in the data system(s) for at least
five years.
(9) The
department for good cause may request that an owner or operator retain a third
party at their own expense to verify any data or information collected,
reported, or recorded pursuant to this Part, and make recommendations to
correct or improve the collection of data or information. Such requests may be
made no more than once per year. The owner or operator shall submit a report of
the verification and any recommendations made by the third party to the
department by a date specified and implement the recommendations in the manner
approved by the department. The owner or operator may request a hearing on
whether good cause was demonstrated or whether the recommendations approved by
the department must be implemented.
(10) Where Part 50 refers to applicable
federal standards or requirements, the references are to the applicable federal
standards or requirements that were in effect at the time of the effective date
of this Part, unless the applicable federal standards or requirements have been
superseded by more stringent federal standards or requirements.
(11) Prior to modifying an existing source,
including but not limited to increasing a source's throughput or emissions, the
owner or operator shall determine the applicability of this Part in accordance
with 20.2.50.111.B NMAC.
B. Monitoring requirements: In addition to any monitoring requirements specified in the applicable sections of this Part, owners and operators shall comply with the following:
(1) Unless otherwise specified, the term
monitoring as used in this Part includes, but is not limited to, monitoring,
testing, or inspection requirements.
(2) If equipment is shut down at the time of
periodic testing, monitoring, or inspection required under this Part, the owner
or operator shall not be required to restart the unit for the sole purpose of
performing the testing, monitoring, or inspection, but shall note the shut down
in the records kept for that equipment for that monitoring event.
C. Recordkeeping requirements: In addition to any recordkeeping requirements specified in the applicable sections of this Part, owners and operators shall comply with the following:
(1) Within three business days
of a monitoring event and when final reports are received, an electronic record
shall be made of the monitoring event and shall include the information
required by the applicable sections of this Part.
(2) The owner or operator shall keep an
electronic record required by this Part for five years.
(3) By July 1 of each calendar year starting
in 2024, the owner or operator shall generate a Compliance Database Report
(CDR) on all assets under its control that are subject to the CDR requirements
of this Part at the time the CDR is prepared and keep this report on file for
five years.
D. Reporting requirements: In addition to any reporting requirements specified in the applicable sections in this Part, the owner or operator shall respond within three business days to a request for information by the department under this Part. The response shall provide the requested information for each source subject to the request by electronically submitting a CDR to the department's Secure Extranet Portal (SEP), or by other means and formats specified by the department in its request. If the department requests a CDR from multiple facilities, additional time will be given as appropriate.
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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