Current through Register Vol. 35, No. 18, September 24, 2024
The following exemptions are made to the following
requirements of
20.2.72.200
NMAC - 20.2.72.299 NMAC. The exemptions in this section do not apply to
emissions of toxic air pollutants listed under
20.2.72.502
NMAC, do not alter the calculation of the potential emissions of toxic air
pollutants for applicability under
20.2.72.402 NMAC,
and do not exempt the Department or the owner or operator of any source from
any requirement under
20.2.72.403
NMAC,
20.2.72.404
NMAC, or
20.2.72.405
NMAC.
A. The following sources and
activities shall not be reported in the permit application. Emissions from such
activities shall not be included in the calculation of facility-wide potential
emission rate under Paragraphs 1 or 2 of Subsection A of 20.2.72.200 NMAC. Such
activities may be commenced or changed without a permit or permit revision
under 20.2.72.200 NMAC - 20.2.72.299 NMAC:
(1) Activities which occur strictly for
maintenance of grounds or buildings, including: lawn care, pest control,
grinding, cutting, welding, painting, woodworking, sweeping, general repairs,
janitorial activities, and building roofing operations;
(2) Activities for maintenance of equipment
or pollution control equipment, either inside or outside of a building,
including cutting, welding, and grinding, but excluding painting;
(3) Exhaust emissions from forklifts, courier
vehicles, front end loaders, graders, carts, maintenance trucks, and fugitive
emissions from fleet vehicle refueling operations, provided such emissions are
not subject to any requirements under this Chapter (Air Quality), NSPS or
NESHAP;
(4) Use of fire fighting
equipment and fire fighting training;
(5) Government military activities such as
field exercises, explosions, weapons testing and demolition to the extent that
such activities:
(a) Do not result in visible
emissions entering publicly accessible areas; and
(b) Are not subject to a NSPS or
NESHAP;
(6) Office
activities, such as photocopying;
(7) Test drilling for characterization of
underground storage tank and waste disposal sites;
(8) Non-anthropogenic wind blown dust;
(9) Residential activities such as
use of fireplaces, woodstoves, and barbecue cookers;
(10) Gases used to calibrate plant
instrumentation, including continuous emission monitoring (CEM)
systems;
(11) Food service, such as
cafeteria activities;
(12)
Automotive repair shop activities, except painting and use of
solvents;
(13) Use of portable
aerospace ground equipment (such as power generators, compressors, heaters, air
conditioners, lighting units) in direct support of aircraft operations and on
or in the immediate vicinity of an airfield;
(14) Activities which occur strictly for
preventive maintenance of highway bridges, displays and water towers,
including: grinding, cutting, welding, painting, and general repairs;
(15) The act of repositioning or relocating
equipment, pipes, ductwork, or conveyors within the plant site, but only when
such change in physical configuration does not:
(a) Reposition or relocate any source of air
emissions or the emission points from any such source; or
(b) Increase the amount of air emissions or
the ambient impacts of such emissions.
B. The presence of the following new or
modified sources and activities at the facility shall be reported as provided
for in the permit application forms supplied by the Department. Emissions from
such sources and activities shall not be included in the calculation of
facility-wide potential emission rate under Paragraphs 1 or 2 of Subsection A
of 20.2.72.200 NMAC. Construction of such sources or commencement of such
activities after issuance of the permit shall be subject to the administrative
permit revision procedures in 20.2.219 NMAC.
(1) Fuel burning equipment which is used
solely for heating buildings for personal comfort or for producing hot water
for personal use and which:
(a) Uses gaseous
fuel and has a design rate less than or equal to five (5) million BTU per hour;
or
(b) Uses distillate oil (not
including waste oil) and has a design rate less than or equal to one (1)
million BTU per hour;
(2) VOC emissions resulting from the handling
or storing of any VOC if:
(a) Such VOC has a
vapor pressure of less than two tenths (0.2) PSI at temperatures at which the
compound is stored and handled; and
(b) The owner or operator maintains
sufficient record keeping to verify that the requirements of Sub-paragraph (a)
of this paragraph are met;
(3) Standby generators which are:
(a) Operated only during the unavoidable loss
of commercial utility power;
(b)
Operated less than 500 hours per year; and
(c) Either are:
i. The only source of air emissions at the
site; or
ii. Accompanied by
sufficient record keeping to verify that the standby generator is operated less
than 500 hours per year;
(4) The act of repositioning or relocating
sources of air emissions or emissions points within the plant site, but only
when such change in physical configuration does not increase air emissions or
the ambient impacts of such emissions;
(5) Any emissions unit, operation, or
activity that has a potential emission rate of no more than one-half (1/2) ton
per year of any pollutant for which a National or New Mexico Ambient Air
Quality Standard has been set or one-half (1/2) ton per year of any VOC.
Multiple emissions units, operations, and activities that perform identical or
similar functions shall be combined in determining the applicability of this
exemption;
(6) Surface coating of
equipment, including spray painting, roll coating, and painting with aerosol
spray cans, if:
(a) The potential emission
rate of VOCs do not exceed ten (10) pounds per hour;
(b) The facility-wide total VOC content of
all coating and clean-up solvent use is less than two (2) tons per year;
and
(c) The owner or operator
maintains sufficient record keeping to verify that the requirements in
Sub-paragraphs (a) and (b) of this paragraph are met;
(7) Particulate emissions resulting from
abrasive blasting operations, if:
(a) Blasting
operations are entirely enclosed in a building; and
(b) No visible particulate emissions are
released from the building.
C. For sources and units subject to 40 CFR
Part 60(NSPS), 40 CFR Part 61(NESHAP) or other Parts of this Chapter (Air
Quality), except 40 CFR Part 60 Subparts I (asphalt plants) and OOO (rock
crushers), 40 CFR Part 61 Subpart C (Beryllium), and 40 CFR Part 61 Subpart D
(Beryllium Rocket Motor Firing):
(1) Such
sources and units shall be exempt from the applicability requirements in
Paragraph 3 of Subsection A of 20.2.72.200 NMAC if such sources or units:
(a) Are included in a Notice of Intent filed
under 20.2.73 NMAC (Notice of Intent and Emissions Inventory); or
(b) Have met the notification requirements to
which they are subject under NSPS or NESHAP; and
(2) Applicability determinations under
Paragraphs 1 and 2 of Subsection A of 20.2.72.200 NMAC shall take into account
all federally enforceable emission limits established for such sources or units
under NSPS, NESHAP and other Parts of this Chapter.
D. Portable Source Relocation. For a portable
source which has been issued a permit under this Part:
(1) Such source may relocate without
undergoing a permit revision if:
(a) The
source is installed in a manner conforming with the initial permit;
(b) The source continues to meet all
applicable emission limitations and permit conditions; and
(c) The source meets the applicable
requirements in Paragraphs 2 and 3 of Subsection D of 20.2.72.202 NMAC
below;
(2) For each
portable compressor engine which has been issued a streamlined permit in
accordance with Paragraph 1 of Subsection D of 20.2.72.301 NMAC, the owner or
operator shall complete the appropriate forms provided by the Department and
maintain such records on file for at least two (2) years;
(3) For all other portable sources, including
but not limited to rock crushers and asphalt plants:
(a) The owner or operator shall notify the
Department, on the form provided by the Department, at least fifteen (15) days
prior to beginning installation at the new location;
(b) Operation at a new location of such
source shall not commence until the Department has approved the relocation in
writing;
(c) The Department shall
not approve the relocation if it would result in exceedances of any National or
New Mexico Ambient Air Quality Standard at the new location; and
(d) The Department shall approve, deny, or
approve with conditions, the relocation request within fifteen (15) days of
receipt of the notice form.
