New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 2 - AIR QUALITY (STATEWIDE)
Part 74 - PERMITS - PREVENTION OF SIGNIFICANT DETERIORATION (PSD)
Section 20.2.74.320 - ACTUALS PLANTWIDE APPLICABILITY LIMITS (PALS)
Universal Citation: 20 NM Admin Code 20.2.74.320
Current through Register Vol. 35, No. 18, September 24, 2024
A. Applicability.
(1) The department may approve the use of an
actuals PAL, including for GHGs on either a mass basis or a
CO2e basis, for any existing major stationary source or
any other existing GHG-only source if the PAL meets the requirements in this
section. The term "PAL" shall mean "actuals PAL" throughout this
section.
(2) Any physical change in
or change in the method of operation of a major stationary source or a GHG-only
source that maintains its total source-wide emissions below the PAL level,
meets the requirements of this section, 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 this part; and
(c) is not subject to the provisions in
Subsection D of 20.2.74.300 NMAC (restrictions on relaxing enforceable emission
limitations that the major stationary source used to avoid applicability of the
major new source review program); and
(d) does not make GHGs subject to regulation
as defined by Subsection AZ of 20.2.74.7 NMAC.
(3) Except as provided under Subparagraph (c)
of Paragraph (2) of this subsection, a major stationary source or GHG-only
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 applicable to this section.
(1) Actuals PAL for a major stationary source
means a PAL based on the baseline actual emissions (as defined in 20.2.74.7
NMAC) of all emissions units (as defined in 20.2.74.7 NMAC) at the source, that
emit or have the potential to emit the PAL pollutant. For a GHG-only source,
"actuals PAL" means a PAL based on the baseline actual emissions (as defined in
Paragraph (13) of this subsection) of all emissions units (as defined in
Paragraph (14) of this subsection) at the source, that emit or have the
potential to emit GHGs.
(2)
Allowable emissions means "allowable emissions" as defined in 20.2.74.7 NMAC,
except as this definition is modified in accordance with the following.
(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 20.2.74.7 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 AW of 20.2.74.7 NMAC or in the act, whichever is lower. For a GHG
PAL issued on a CO2e basis, "small emissions unit" means
an emissions unit that emits or has the potential to emit less than the amount
of GHGs on a CO2e basis defined as "significant" for the
purposes of Paragraph (3) of Subsection AZ of 20.2.74.7 NMAC at the time the
PAL permit is being issued.
(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 act for
nonattainment areas; for example, in accordance with the definition of major
stationary source in Section 182(c) of the 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; or
(c) for a
GHG PAL issued on a CO2e basis, any emissions unit that
emits or has potential to emit equal to or greater than the amount of GHGs on a
CO2e basis that would be sufficient for a new source to
trigger permitting requirements under Subsection AZ of 20.2.74.7 NMAC at the
time the PAL permit is being issued.
(5) Plantwide applicability limitation (PAL)
means an emission limitation expressed on a mass basis in tons per year, or
expressed in tons per year CO2e for a
CO2e-based GHG emission limitation, for a pollutant at a
major stationary source or GHG-only source, that is enforceable as a practical
matter and established source-wide in accordance with this section.
(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 that 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, net emissions increase,
and subject to regulation in 20.2.74.7 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 major new source
review permit, the minor new source review permit, or the state operating
permit under a program that is approved into the plan, or the title V permit
issued by the department that establishes a PAL for a major stationary source
or a GHG-only source.
(10) PAL
pollutant means the pollutant for which a PAL is established at a major
stationary source or a GHG-only source. For a GHG-only source, the only
available PAL pollutant is greenhouse gases.
(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 AW of 20.2.74.7 NMAC or in the 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 this subsection. For a GHG PAL
issued on a CO2e basis, "significant emissions unit"
means any emissions unit that emits or has the potential to emit GHGs on a
CO2e basis in amounts equal to or greater than the
amount that would qualify the unit as a small emissions unit as defined in
Paragraph (3) of this subsection, but less than the amount that would qualify
the unit as a major emissions unit as defined in Subparagraph (c) of Paragraph
(4) of this subsection.
(12)
GHG-only source means any existing station source that emits or has the
potential to emit GHGs in the amount equal to or greater than the amount of
GHGs on a mass basis that would be sufficient for a new source to trigger
permitting requirements for GHGs under Subsection AG of 20.2.74.7 NMAC and the
amount of GHGs on a CO2e basis that would be sufficient
for a new source to trigger permitting requirements for GHGs under Subsection
AZ of 20.2.74.7 NMAC at the time the PAL permit is being issued, but does not
emit or have the potential to emit any other non-GHG regulated new source
review pollutant at or above the applicable major source threshold. A GHG-only
source may only obtain a PAL for GHG emissions under 20.2.74.320
NMAC.
(13) Baseline actual
emissions for a GHG PAL means the average rate, in tons per year
CO2e or tons per year GHG, as applicable, at which the
emissions unit actually emitted GHGs during any consecutive 24-month period
selected by the owner or operator within the 10-year period immediately
preceding either the date the owner or operator begins actual construction of
the project, or the date a complete permit application is received by the
department for a permit required under this section or by the department for a
permit required by a plan, whichever is earlier. For any existing electric
utility steam generating unit, "baseline actual emissions" for a GHG PAL means
the average rate, in tons per year CO2e or tons per year
GHG, as applicable, at which the emissions unit actually emitted the GHGs
during any consecutive 24-month period selected by the owner or operator within
the 5-year period immediately preceding either the date the owner or operator
begins actual construction of the project, except that the department shall
allow the use of a different time period upon a determination that it is more
representative of normal source operation.
(a)
The average rate shall include fugitive emissions to the extent quantifiable,
and emissions associated with startups, shutdowns, and malfunctions.
(b) The average rate shall be adjusted
downward to exclude any non-compliant emissions that occurred while the source
was operating above an emission limitation that was legally enforceable during
the consecutive 24-month period.
(c) The average rate shall be adjusted
downward to exclude any emissions that would have exceeded an emission
limitation with which the stationary source must currently comply, had such
stationary source been required to comply with such limitations during the
consecutive 24-month period.
(d)
The average rate shall not be based on any consecutive 24-month period for
which there is inadequate information for determining annual GHG emissions and
for adjusting this amount if required by Subparagraphs (b) and (c) of Paragraph
(13) of this subsection.
(14) Emissions unit with respect to GHGs
means any part of a stationary source that emits or has the potential to emit
GHGs. For purposes of this section, there are two types of emissions units as
described in the following:
(a) A new
emissions unit is any emissions unit that is (or will be) newly constructed and
that has existed for less than 2 years from the date such emissions unit first
operated.
(b) An existing emissions
unit is any emissions unit that does not meet the requirements in subparagraph
(a) of this paragraph.
(15) Minor source means any stationary source
that does not meet the definition of major stationary source in Subsection AG
of 20.2.74.7 NMAC for any pollutant at the time the PAL is issued.
C. Permit application requirements. As part of a permit application requesting a PAL, the owner or operator of a major stationary source or a GHG-only 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 Subsection M of this section.
(4) As part of a permit application
requesting a GHG PAL, the owner or operator of a major stationary source or a
GHG-only source shall submit a statement by the source owner or operator that
clarifies whether the source is an existing major source as defined in
Paragraphs (1) and (2) of Subsection AG of 20.2.74.7 NMAC or a GHG-only source
as defined in Paragraph (12) of Subsection B of this subsection.
D. General requirements for establishing PALs.
(1) The department may
establish a PAL at a major stationary source or a GHG-only source, provided
that at a minimum, the following requirements are met.
(a) The PAL shall impose an annual emission
limitation expressed on a mass basis in tons per year, or expressed in tons per
year CO2e, that is enforceable as a practical matter,
for the entire major stationary source or GHG-only source. For each month
during the PAL effective period after the first 12 months of establishing a
PAL, the major stationary source or GHG-only 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 or GHG-only 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 this section.
(c)
The PAL permit shall contain all the requirements of Subsection G of this
section.
(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 or GHG-only 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 or GHG-only source with a PAL shall
comply with the monitoring, recordkeeping, and reporting requirements provided
in Subsections L through N of this section 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 that occur during
the PAL effective period creditable as decreases for purposes of offsets under
40 CFR
51.165(a)(3)(ii) 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 requirements for PALs. PALs for existing major stationary sources or GHG-only 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 must 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 this subsection, the actuals PAL level for a major stationary
source or GHG-only source shall be established as the sum of the baseline
actual emissions (as defined in 20.2.74.7 NMAC or, for GHGs, Paragraph (13) of
Subsection B of 20.2.74.320 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 AW of 20.2.74.7 NMAC or under the 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 this subsection, the emissions must be added to
the PAL level in an amount equal to the potential to emit of the
units.
(3) For
CO2e based GHG PAL, the actuals PAL level shall be
established as the sum of the GHGs baseline actual emissions (as defined in
Paragraph (13) of Subsection B of 20.2.74.320 NMAC) of GHGs for each emissions
unit at the source, plus an amount equal to the amount defined as "significant"
on a CO2e basis for the purposes of Subsection AZ of
20.2.74.7 NMAC at the time the PAL permit is being issued. When establishing
the actuals PAL level for a CO2e-based PAL, only one
consecutive 24-month period must be used to determine the baseline actual
emissions for all existing emissions units. Emissions associated with units
that were permanently shut down after this 24-month period must be subtracted
from the PAL level. The department shall specify a reduced PAL level (in tons
per year CO2e) in the PAL permit to become effective on
the future compliance date(s) of any applicable federal or New Mexico
regulatory requirement(s) that the department is aware of prior to issuance of
the PAL permit.
G. Contents of the PAL permit. The PAL permit shall contain, at a minimum, the following information.
(1) The PAL pollutant
and the applicable source-wide emission limitation in tons per year or tons per
year CO2e.
(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 or GHG-only source owner or operator applies to renew a
PAL in accordance with Subsection J of this section 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 or GHG-only
source is subject to the requirements of Subsection I of this
section.
(6) The calculation
procedures that the major stationary source or GHG-only 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 C of this section.
(7) A requirement that the major stationary
source or GHG-only source owner or operator monitor all emissions units in
accordance with the provisions under Subsection M of this section.
(8) A requirement to retain the records
required under Subsection M of this section on site. Such records may be
retained in an electronic format.
(9) A requirement to submit the reports
required under Subsection N of this section by the required
deadlines.
(10) Any other
requirements that the department deems necessary to implement and enforce the
PAL.
(11) A permit for a GHG PAL
issued to a GHG-only source shall also include a statement denoting that GHG
emissions at the source will not be subject to regulation under Subsection AZ
of 20.2.74.7 NMAC as long as the source complies with the
PAL.
H. PAL effective period and reopening of the PAL permit.
(1)
PAL effective period. The PAL effective period shall be 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
40 CFR
51.165(a)(3)(ii);
and
(iii) revise the PAL to reflect
an increase in the PAL as provided under Subsection K of this
section.
(b) The
department may reopen the PAL permit for the following:
(i) to 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 or GHG-only source under the plan; and
(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 AQRV 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 Item
(i) of Subparagraph (a) of Paragraph (2) of this subsection for the correction
of typographical/calculation errors that do not increase the PAL level, all
reopenings shall be carried out in accordance with the public participation
requirements of Subsection E of this section.
I. Expiration of a PAL. Any PAL that is not renewed in accordance with the procedures in Subsection J of this section 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 this
section, the major stationary source or GHG-only 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 this section, 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 (b) of Paragraph
(1) of Subsection I of this section, 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 or GHG-only source will be subject to major new source review
requirements if such change meets the definition of major modification in
20.2.74.7 NMAC.
(5) The major
stationary source or GHG-only 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 Subsection D of 20.2.74.300 NMAC, but were eliminated
by the PAL in accordance with the provisions in Subparagraph (c) of Paragraph
(2) of Subsection A of this section.
J. Renewal of a PAL.
(1) The department shall follow the
procedures specified in Subsection E of this section in approving any request
to renew a PAL for a major stationary source or GHG-only 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 or GHG-only 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 6 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 or
GHG-only 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 Subsection C
of this section.
(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 Subparagraphs (a) and (b) of this paragraph. However, in no case may any
such adjustment fail to comply with Subparagraph (c) of this paragraph.
(a) If the emissions level calculated in
accordance with Subsection F of this section 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 this
paragraph.
(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 Subparagraphs (a) and (b)
of this paragraph:
(i) if the potential to
emit of the major stationary source or GHG-only 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 or GHG-only source has complied with the
provisions of Subsection K of this section (increasing a
PAL).
(5) If
the compliance date for a state 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 or GHG-only source complies with the following provisions.
(a) The owner or operator of the major
stationary source or GHG-only 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 or GHG-only source's emissions
to equal or exceed its PAL.
(b) As
part of this application, the major stationary source or GHG-only 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
obtains a major new source review permit for all emissions unit(s) identified
in Subparagraph (a) of this paragraph, 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 major new source review process (for example, BACT), 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 this
subsection), 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 this section.
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 or
CO2e 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 Paragraph (2) of this subsection
and must be approved by the department.
(c) Notwithstanding Subparagraph (b) of this
paragraph, you may also employ an alternative monitoring approach that meets
Subparagraph (a) of this paragraph if approved by the department.
(d) Failure to use a monitoring system that
meets the requirements of this section renders the PAL invalid.
(2) The following are acceptable
general monitoring approaches when conducted in accordance with the minimum
requirements in Paragraphs (3) through (9) of this subsection:
(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 6 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 this
subsection, 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 5 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 this section and of
the PAL, including a determination of each emissions unit's 12-month rolling
total emissions, for 5 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 5 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 applicable title V operating permit program. 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 (expressed on a mass-basis in tons per year, or expressed in
tons per year CO2e) based on a 12-month rolling total
for each month in the reporting period recorded pursuant to Paragraph (1) of
Subsection M of this section;
(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 or GHG-only
source during the preceding 6-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
this section; and
(g) a signed
statement by the responsible official (as defined by the applicable title V
operating permit program) certifying the truth, accuracy, and completeness of
the information provided in the report.
(2) Deviation report. The major stationary
source or GHG-only 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 Paragraph (2) of
Subsection E of 20.2.70.302 NMAC shall satisfy this reporting requirement. The
deviation reports shall be submitted within the time limits prescribed by the
applicable program implementing Paragraph (2) of Subsection E of 20.2.70.302
NMAC. 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 the applicable title V
operating permit program) 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 may not issue a PAL that
does not comply with the requirements in this section after the administrator
has approved regulations incorporating these requirements into a
plan.
(2) The department may
supersede any PAL which was established prior to the date of approval of the
plan by the administrator with a PAL that complies with the requirements of
this section.
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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