New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 2 - AIR QUALITY (STATEWIDE)
Part 81 - WESTERN BACKSTOP SULFUR DIOXIDE TRADING PROGRAM
Section 20.2.81.106 - MONITORING, RECORDKEEPING AND REPORTING - GENERAL REQUIREMENTS ON MONITORING METHODS
Universal Citation: 20 NM Admin Code 20.2.81.106
Current through Register Vol. 35, No. 6, March 26, 2024
A. For each sulfur dioxide emitting unit at a WEB source shall comply with the following, as applicable, to monitor and record sulfur dioxide mass emissions.
(1) If a unit is subject to 40 CFR Part 75
under a requirement separate from the WEB trading program, the unit shall meet
the requirements contained in Part 75 with respect to monitoring, recording and
reporting sulfur dioxide mass emissions.
(2) If a unit is not subject to 40 CFR Part
75 under a requirement separate from the WEB trading program, a unit shall use
one of the following monitoring methods, as applicable:
(a) a continuous emission monitoring system
(CEMS) for sulfur dioxide and flow that complies with all applicable monitoring
provisions in 40 CFR Part 75;
(b)
if the unit is a gas- or oil-fired combustion device, the excepted monitoring
methodology in Appendix D to 40 CFR Part 75, or, if applicable, the low mass
emissions (LME) provisions (with respect to sulfur dioxide mass emissions only)
of Section 75.19 of 40 CFR Part 75;
(c) one of the optional WEB protocols, if
applicable, in 20.2.81.111 NMAC or 20.2.81.112 NMAC; or
(d) a petition for site-specific monitoring
that the source submits for approval by the department, and approval by the
U.S. environmental protection agency in accordance with Paragraph 5 of
Subsection O of 20.2.81.106 NMAC.
(3) A permanently retired unit shall not be
required to monitor under this section if such unit was permanently retired and
had no emissions for the entire period for which the WEB source implements this
Paragraph 3 and the account representative certifies in accordance with
Subsection B of 20.2.81.109 NMAC that these conditions were met. In the event
that a permanently retired unit recommences operation, the WEB source shall
meet the requirements of this Section 20.2.81.106 NMAC in the same manner as if
the unit was a new unit.
B. Notwithstanding Subsection A of this section, the WEB source with a unit that meets one of the conditions of Paragraph 1 of Subsection B of 20.2.81.106 NMAC may elect to have the provisions of this Paragraph 1 apply to that unit.
(1) Any of the following units may implement
Subsection B of 20.2.81.106 NMAC:
(a) any
smelting operation where all of the emissions from the operation are not ducted
to a stack;
(b) any flare, except
to the extent such flares are used as a fuel gas combustion device at a
petroleum refinery; or
(c) any
other type of unit without add-on sulfur dioxide control equipment, if no
control level was assumed for the WEB source in establishing the floor level
(and reducible allocation) provided in section C1 of the implementation
plan.
(2) For each unit
covered by Subsection B of 20.2.81.106 NMAC, the account representative shall
submit a notice to request that Subsection B of 20.2.81.106 NMAC apply to one
or more sulfur dioxide emitting units at a WEB source. The notice shall be
submitted in accordance with the compliance dates specified in Paragraph 1 of
Subsection M of 20.2.81.106 NMAC, and shall include the following information
(in a format specified by the department with such additional, related
information as may be requested):
(a) a
notice of all units at the applicable source, specifying which of the units are
to be covered by Subsection B of 20.2.81.106 NMAC;
(b) consistent with the emission estimation
methodology used to determine the floor level (and reducible allocation) for
the source in accordance with section C1 of the implementation plan, the
portion of the WEB source's overall allowance allocation that is attributable
to any unit(s) covered by this paragraph; and
(c) an identification of any such units that
are permanently retired.
(3) For each new unit at an existing WEB
source for which the WEB source seeks to comply with this Subsection B of
20.2.81.106 NMAC; and for which the account representative applies for an
allocation under the new source set-aside provisions of Subsection F of
20.2.81.104 NMAC, the account representative shall submit a modified notice
under Paragraph 2 of Subsection B of 20.2.81.106 NMAC, that includes such new
sulfur dioxide emitting unit(s). The modified notice shall be submitted in
accordance with the compliance dates in Paragraph 1 of Subsection M of
20.2.81.106 NMAC, but no later than the date on which a request is submitted
under Paragraph 1 of Subsection F of 20.2.81.104 NMAC for allocations from the
set-aside.
(4) The department shall
evaluate the information submitted by the WEB source in Paragraphs 2 and 3 of
Subsection B of 20.2.81.106 NMAC, and may issue a notice to the source to
exclude any units that do not qualify under this Subsection B of 20.2.81.106
NMAC or to adjust the portion of allowances attributable to units that do
qualify to be consistent with the emission estimation methodology used to
establish the floor level (and reducible allocation) for the source.
(5) The department shall allocate allowances
equal to the adjusted portion of the WEB source's allowances under Paragraphs
2, 3, and 4 of Subsection B of 20.2.81.106 NMAC in a special reserve compliance
account provided that no such treatment of the WEB source's allocation will be
required for any unit that is permanently retired and had no emissions for the
entire period for which the WEB source implements this Subsection B and the
account representative certifies in accordance with 20.2.81.109 NMAC that these
conditions are met. In the event that a permanently retired unit recommences
operation, the WEB source shall meet the requirements of this Section
20.2.81.106 NMAC in the same manner as if the unit was a new unit.
(6) The account representative for a WEB
source shall submit an annual emissions statement for each unit under this
Subsection B of 20.2.81.106 NMAC in accordance with Subsection O of 20.2.81.106
NMAC. The WEB source shall maintain operating records sufficient to estimate
annual emissions in a manner consistent with the emission estimation
methodology used to establish the floor level (and reducible allocation) for
the source. In addition, if the estimated emissions from all such units at the
WEB source are greater than the allowances for the current control year held in
the special reserve compliance account under Paragraph 5 of Subsection B of
20.2.81.106 NMAC for the WEB source, the account representative shall report
the excess amount as part of the annual report for the WEB source under
20.2.81.109 NMAC and be required to use other allowances in the standard
compliance account for the WEB source to account for such emissions, in
accordance with 20.2.81.109 NMAC.
(7) The remaining provisions of this section
shall not apply to units covered by Subsection B of 20.2.81.106 NMAC except
where otherwise noted.
(8) A WEB
source may opt to modify the monitoring for an sulfur dioxide emitting unit to
use monitoring under Subsection A of 20.2.81.106 NMAC, but any such monitoring
change shall take effect on January 1 of the next compliance year. In addition,
the account representative shall submit an initial monitoring plan at least 180
days prior to the date on which the new monitoring will take effect and a
detailed monitoring plan in accordance with Subsection D of 20.2.81.106 NMAC.
The account representative shall also submit a revised notice under Subsection
B of 20.2.81.106 NMAC at the same time that the initial monitoring plan is
submitted.
C. For any monitoring that the WEB source uses under this section (including Paragraph 1), the WEB source (and, as applicable, the account representative) shall implement, certify, and use such monitoring in accordance with this section, and shall record and report the data from such monitoring as required in this section. In addition, the WEB source (and, as applicable, the account representative) shall not:
(1) except for an
alternative approved by the U.S. EPA administrator for a WEB source that
implements monitoring under Paragraph 1 of Subsection A of 20.2.81.106 NMAC,
use an alternative monitoring system, alternative reference method or another
alternative for the required monitoring method without having obtained prior
written approval in accordance with Paragraph 5 of Subsection O of 20.2.81.106
NMAC;
(2) operate an sulfur dioxide
emitting unit so as to discharge, or allow to be discharged, sulfur dioxide
emissions to the atmosphere without accounting for these emissions in
accordance with the applicable provisions of this section;
(3) disrupt the approved monitoring method or
any portion thereof, and thereby avoid monitoring and recording sulfur dioxide
mass emissions discharged into the atmosphere, except for periods of
recertification or periods when calibration, quality assurance testing or
maintenance is performed in accordance with the applicable provisions of this
section; or
(4) retire or
permanently discontinue use of an approved monitoring method, except under one
of the following circumstances:
(a) during a
period when the unit is exempt from the requirements of this section, including
retirement of a unit as addressed in Paragraph 3 of Subsection A of 20.2.81.106
NMAC;
(b) the WEB source is
monitoring emissions from the unit with another certified monitoring method
approved under this section for use at the unit that provides data for the same
parameter as the retired or discontinued monitoring method; or
(c) the account representative submits
notification of the date of certification testing of a replacement monitoring
system in accordance with this section, and the WEB source recertifies
thereafter a replacement monitoring system in accordance with the applicable
provisions of this section.
D. Monitoring plan general provisions. The WEB source of a sulfur dioxide emitting unit that uses a monitoring method under Paragraph 2 of Subsection A of 20.2.81.106 NMAC shall meet the following requirements:
(1) prepare and submit to the
department an initial monitoring plan for each monitoring method that the WEB
source uses to comply with this section; in accordance with Subsection F of
20.2.81.106 NMAC, the plan shall contain sufficient information on the units
involved, the applicable method, and the use of data derived from that method
to demonstrate that all unit sulfur dioxide emissions are monitored and
reported; the plan shall be submitted in accordance with the compliance
deadlines specified in Subsection M of 20.2.81.106 NMAC;
(2) prepare, maintain and submit to the
department a detailed monitoring plan prior to the first day of certification
testing in accordance with the compliance deadline specified in Subsection M of
20.2.81.106 NMAC; the plan shall contain the applicable information required by
Subsection D of 20.2.81.106 NMAC; the department may require that the
monitoring plan (or portions thereof) be submitted electronically; the
department also may require that the plan be submitted on an ongoing basis in
electronic format as part of the quarterly report submitted under Paragraph 1
of Subsection O of 20.2.81.106 NMAC or resubmitted separately within after any
change is made to the plan in accordance with the following Paragraph 3 of
Subsection D of 20.2.81.106 NMAC; and
(3) whenever the WEB source makes a
replacement, modification, or change in one of the systems or methodologies
provided for in Paragraph 2 of Subsection A of 20.2.81.106 NMAC, including a
change in the automated data acquisition and handling system or in the flue gas
handling system, that affects information reported in the monitoring plan
(e.g., a change to serial number for a component of a monitoring system), then
the WEB source shall update the monitoring plan in accordance with the
compliance deadline specified in Subsection M of 20.2.81.106 NMAC.
E. A WEB source with a sulfur dioxide emitting unit that uses a method under Paragraph 1 of Subsection A of 20.2.81.106 NMAC (a unit subject to 40 CFR Part 75 under a program other than this WEB trading program) shall meet the requirements of Subsections D-I of 20.2.81.106 NMAC by preparing, maintaining and submitting a monitoring plan in accordance with the requirements of 40 CFR Part 75, provided that the WEB source also shall submit the entire monitoring plan to the department upon request.
F. Initial monitoring plan. The account representative shall submit an initial monitoring plan for each sulfur dioxide emitting unit (or group of units sharing a common methodology) that, except as otherwise specified in an applicable provision in 20.2.81.111 NMAC, contains the following information.
(1) For all sulfur dioxide emitting units
involved in the monitoring plan:
(a) plant
name and location;
(b) plant and
unit identification numbers assigned by the department;
(c) type of unit (or units for a group of
units using a common monitoring methodology);
(d) identification of all stacks or pipes
associated with the monitoring plan;
(e) types of fuel(s) fired (or sulfur
containing process materials used in the sulfur dioxide emitting unit), and the
fuel classification of the unit if combusting more than one type of fuel and
using a 40 CFR Part 75 methodology;
(f) type(s) of emissions controls for sulfur
dioxide installed or to be installed, including specifications of whether such
controls are pre-combustion, post-combustion, or integral to the combustion
process;
(g) maximum hourly heat
input capacity, or process throughput capacity, if applicable;
(h) identification of all units using a
common stack; and
(i) indicator of
whether any stack identified in the plan is a bypass stack.
(2) For each unit and parameter
required to be monitored, identification of monitoring methodology information,
consisting of monitoring methodology, monitor locations, substitute data
approach for the methodology, and general identification of quality assurance
procedures. If the proposed methodology is a site-specific methodology
submitted pursuant to Subparagraph d of Paragraph 2 of Subsection A of
20.2.81.106 NMAC, the description under this paragraph shall describe fully all
aspects of the monitoring equipment, installation locations, operating
characteristics, certification testing, ongoing quality assurance and
maintenance procedures, and substitute data procedures.
(3) If the WEB source intends to petition for
a change to any specific monitoring requirement otherwise required under this
section, such petition may be submitted as part of the initial monitoring
plan.
(4) The department may issue
a notice of approval or disapproval of the initial monitoring plan based on the
compliance of the proposed methodology with the requirements for monitoring in
this section.
G. Detailed monitoring plan. The account representative shall submit a detailed monitoring plan that, except as otherwise specified in an applicable provisions in 20.2.81.111 NMAC or 20.2.81.112 NMAC, shall contain the following information.
(1) Identification and description of each
monitoring component (including each monitor and its identifiable components,
such as analyzer or probe) in a CEMS (e.g., sulfur dioxide pollutant
concentration monitor, flow monitor, moisture monitor), a 40 CFR Part 75,
Appendix D monitoring system (e.g., fuel flowmeter, data acquisition and
handling system), or a protocol in 20.2.81.111 NMAC or 20.2.81.112 NMAC ,
including:
(a) manufacturer, model number and
serial number;
(b) component or
system identification code assigned by the facility to each identifiable
monitoring component, such as the analyzer or probe;
(c) designation of the component type and
method of sample acquisition or operation (e.g., in situ pollutant
concentration monitor or thermal flow monitor);
(d) designation of the system as a primary or
backup system;
(e) first and last
dates the system reported data;
(f)
status of the monitoring component; and
(g) parameter monitored.
(2) Identification and description of all
major hardware and software components of the automated data acquisition and
handling system, including:
(a) hardware
components that perform emission calculations or store data for quarterly
reporting purposes (provide the manufacturer and model number); and
(b) software components (provide the
identification of the provider and model or version number).
(3) Explicit formulas for each
measured emissions parameter, using component or system identification codes
for the monitoring system used to measure the parameter that links the system
observations with the reported concentrations and mass emissions. The formulas
shall contain all constants and factors required to derive mass emissions from
component or system code observations and an indication of whether the formula
is being added, corrected, deleted, or is unchanged. The WEB source with a low
mass emissions unit for which the WEB source is using the optional low mass
emissions excepted methodology in Section 75.19(c) of 40 CFR Part 75 is not
required to report such formulas.
(4) Inside cross-sectional area (square feet)
at flow monitoring location (for units with flow monitors, only).
(5) If using CEMS for sulfur dioxide and
flow, for each parameter monitored: scale, maximum potential concentration (and
method of calculation), maximum expected concentration (if applicable) (and
method of calculation), maximum potential flow rate (and method of
calculations), span value, full-scale range, daily calibration units of
measure, span effective date and hour, span inactivation date and hour,
indication of whether dual spans are required, default high range value, flow
rate span, and flow rate span value and full scale value in standard cubic feet
per hour (scfh) for each unit or stack using sulfur dioxide or flow component
monitors.
(6) If the monitoring
system or excepted methodology provides for use of a constant, assumed, or
default value for a parameter under specific circumstances, then the following
information for each value of such parameter shall be included:
(a) identification of the
parameter;
(b) default, maximum,
minimum, or constant value, and units of measure for the value;
(c) purpose of the value;
(d) indicator of use during controlled and
uncontrolled hours;
(e) types of
fuel;
(f) source of the
value;
(g) value effective date and
hour;
(h) date and hour value is no
longer effective (if applicable); and
(i) for units using the excepted methodology
under Section 75.19 of 40 CFR Part 75, the applicable sulfur dioxide emission
factor.
(7) Unless
otherwise specified in Section 6.5.2.1 of Appendix A to 40 CFR Part 75, for
each unit or common stack on which hardware CEMS are installed:
(a) the upper and lower boundaries of the
range of operation (as defined in Section 6.5.2.1 of Appendix A to 40 CFR Part
75 ), or thousand of lb/hr of steam, or ft/sec (as applicable);
(b) the load or operating level(s) designated
as normal in Section 6.5.2.1 of Appendix A to 40 CFR Part 75, or thousands of
pounds per hour lb/hr of steam, or feet per second ft/sec (as
applicable);
(c) the two load or
operating levels (i.e., low, mid, or high) identified in Section 6.5.2.1 of
Appendix A to 40 CFR Part 75 as the most frequently used;
(d) the date of the data analysis used to
determine the normal load (or operating) level(s) and the two most
frequently-used load (or operating) levels; and
(e) activation and deactivation dates when
the normal load or operating level(s) change and are updated.
(8) For each unit that is
complying with 40 CFR Part 75 for which the optional fuel flow-to-load test in
Section 2.1.7 of Appendix D to 40 CFR Part 75 is used:
(a) the upper and lower boundaries of the
range of operation (as defined in Section 6.5.2.1 of Appendix A to 40 CFR Part
75 ), expressed in thousand of lb/hr of steam;
(b) the load level designated as normal,
pursuant to Section 6.5.2.1 of Appendix A to 40 CFR Part 75, expressed in
thousands of lb/hr of steam; and
(c) the date of the load analysis used to
determine the normal load level.
(9) Information related to quality assurance
testing, including (as applicable): identification of the test strategy;
protocol for the relative accuracy test audit; other relevant test information;
calibration gas levels (percent of span) for the calibration error test and
linearity check; calculations for determining maximum potential concentration,
maximum expected concentration (if applicable), maximum potential flow rate,
and span.
(10) If applicable,
apportionment strategies under Sections 75.10 through 75.18 of 40 CFR Part
75.
(11) Description of site
locations for each monitoring component in a monitoring system, including
schematic diagrams and engineering drawings and any other documentation that
demonstrates each monitor location meets the appropriate siting criteria. For
units monitored by a continuous emission monitoring system, diagrams shall
include:
(a) a schematic diagram identifying
entire gas handling system from unit to stack for all units, using
identification numbers for units, monitor components, and stacks corresponding
to the identification numbers provided in the initial monitoring plan and
Paragraphs 1 and 3 of Subsection G of 20.2.81.106 NMAC; the schematic diagram
must depict the height of any monitor locations; comprehensive or separate
schematic diagrams shall be used to describe groups of units using a common
stack; and
(b) stack and duct
engineering diagrams showing the dimensions and locations of fans, turning
vanes, air preheaters, monitor components, probes, reference method sampling
ports, and other equipment that affects the monitoring system location,
performance, or quality control checks.
(12) A data flow diagram denoting the
complete information handling path from output signals of CEMS components to
final reports.
H. In addition to supplying the information in Subsections F and G above, the WEB source with an sulfur dioxide emitting unit using either of the methodologies in Subparagraph b of Paragraph 2 of Subsection A of 20.2.81.106 NMAC shall include the following information in its monitoring plan for the specific situations described.
(1) For each gas-fired
or oil-fired sulfur dioxide emitting unit for which the WEB source uses the
optional protocol in Appendix D to 40 CFR Part 75 for sulfur dioxide mass
emissions, the WEB source shall include the following information in the
monitoring plan:
(a) parameter
monitored;
(b) type of fuel
measured, maximum fuel flow rate, units of measure, and basis of maximum fuel
flow rate (i.e., upper range value or unit maximum) for each fuel
flowmeter;
(c) test method used to
check the accuracy of each fuel flowmeter;
(d) submission status of the data;
(e) monitoring system identification
code;
(f) the method used to
demonstrate that the unit qualifies for monthly gross calorific value (GCV)
sampling or for daily or annual fuel sampling for sulfur content, as
applicable;
(g) a schematic diagram
identifying the relationship between the unit, all fuel supply lines, the fuel
flowmeter(s), and the stack(s); the schematic diagram must depict the
installation location of each fuel flowmeter and the fuel sampling location(s);
comprehensive and separate schematic diagrams shall be used to describe groups
of units using a common pipe;
(h)
for units using the optional default sulfur dioxide emission rate for "pipeline
natural gas" or "natural gas" in Appendix D to 40 CFR Part 75, the information
on the sulfur content of the gaseous fuel used to demonstrate compliance with
either Section 2.3.1.4 or 2.3.2.4 of Appendix D to 40 CFR Part 75;
(i) for units using the 720 hour test under
Section 2.3.6 of Appendix D to 40 CFR Part 75 to determine the required sulfur
sampling requirements, report the procedures and results of the test;
and
(j) for units using the 720
hour test under Section 2.3.5 of Appendix D to 40 CFR Part 75 to determine the
appropriate fuel GCV sampling frequency, report the procedures used and the
results of the test.
(2)
For each sulfur dioxide emitting unit for which the WEB source uses the low
mass emission excepted methodology of Section 75.19 to 40 CFR Part 75, the WEB
source shall include the following information in the monitoring plan that
accompanies the initial certification application:
(a) the results of the analysis performed to
qualify as a low mass emissions unit under Section 75.19(c) to 40 CFR Part 75;
this report shall include either the previous three years actual or projected
emissions; the following items shall be included: a) current calendar year of
application; b) type of qualification; c) years one, two, and three; d) annual
measured, estimated or projected sulfur dioxide mass emissions for years one,
two, and three; and e) annual operating hours for years one, two, and
three;
(b) a schematic diagram
identifying the relationship between the unit, all fuel supply lines and tanks,
any fuel flowmeter(s), and the stack(s); comprehensive or separate schematic
diagrams shall be used to describe groups of units using a common
pipe;
(c) for units which use the
long term fuel flow methodology under Section 75.19(c)(3) to 40 CFR Part 75, a
diagram of the fuel flow to each unit or group of units and a detailed
description of the procedures used to determine the long term fuel flow for a
unit or group of units for each fuel combusted by the unit or group of
units;
(d) a statement that the
unit burns only gaseous fuel(s) and/or fuel oil and a list of the fuels that
are burned or a statement that the unit is projected to burn only gaseous
fuel(s) and/or fuel oil and a list of the fuels that are projected to be
burned;
(e) a statement that the
unit meets the applicability requirements in Sections 75.19(a) and (b) to 40
CFR Part 75 with respect to sulfur dioxide emissions; and
(f) any unit historical actual, estimated and
projected sulfur dioxide emissions data and calculated sulfur dioxide emissions
data demonstrating that the unit qualifies as a low mass emissions unit under
Sections 75.19(a) and (b) to 40 CFR Part 75.
(3) For each gas-fired unit the WEB source
shall include the following in the monitoring plan: current calendar year, fuel
usage data as specified in the definition of gas-fired in Section 72.2 of 40
CFR Part 72, and an indication of whether the data are actual or projected
data.
I. The specific elements of a monitoring plan under Subsection D of 20.2.81.106 NMAC shall not be part of an operating permit for a WEB source issued in accordance with the title V of the Clean Air Act, and modifications to the elements of the plan shall not require a permit modification.
J. Certification and recertification.
(1) All monitoring systems are subject to
initial certification and recertification testing as specified in 40 CFR Part
75, 20.2.81.111 NMAC or ; 20.2.81.112 NMAC. Certification or recertification of
a monitoring system by the U.S. environmental protection agency for a WEB
source that is subject to 40 CFR Part 75 under a requirement separate from
20.2.81 NMAC shall constitute certification under the WEB trading
program.
(2) The WEB source with a
sulfur dioxide emitting unit not otherwise subject to 40 CFR Part 75 that
monitors sulfur dioxide mass emissions in accordance with 40 CFR Part 75 to
satisfy the requirements of this section shall perform all of the tests
required by that regulation and shall submit the following:
(a) a test notice, not later than 21 days
before the certification testing of the monitoring system, provided that the
department may establish additional requirements for adjusting test dates after
this notice as part of the approval of the initial monitoring plan under
Subsection F of 20.2.81.106 NMAC;
(b) an initial certification application
within 45 days after testing is complete;
(c) a monitoring system shall be considered
provisionally certified while the application is pending, and the system shall
be deemed certified if the department does not approve or disapprove the system
within six months after the date on which the application is submitted;
and
(d) whenever an audit of any
monitoring certified under 20.2.81 NMAC, and a review of the initial
certification or recertification application, reveal that any system or
component should not have been certified or recertified because it did not meet
a particular performance specification or other requirement of 20.2.81 NMAC,
both at the time of the initial certification or recertification application
submission and at the time of the audit, the department will issue a notice of
disapproval of the certification status of such system or component; for the
purposes of this paragraph, an audit shall be either a field audit of the
facility or an audit of any information submitted to the department regarding
the facility; by issuing the notice of disapproval, the certification status is
revoked prospectively, and the data measured and recorded shall not be
considered valid quality-assured data from the date of issuance of the
notification of the revoked certification status until the date and time that
the WEB source completes subsequently approved initial certification or
recertification tests in accordance with the procedures in Subsection J of
20.2.81.106 NMAC; the WEB source shall apply the substitute data procedures in
Paragraph 2 of Subsection L of 20.2.81.106 NMAC to replace, prospectively, all
of the invalid, non-quality-assured data for each disapproved system or
component.
K. Ongoing quality assurance and quality control. The WEB source shall satisfy the applicable quality assurance and quality control requirements of Part 75 or, if the WEB source is subject to a WEB protocol in 20.2.81.111 NMAC , the applicable quality assurance and quality control requirements in 20.2.81.111 NMAC on and after the date that certification testing commences.
L. Substitute data procedures.
(1) For any period after certification
testing is complete in which quality assured, valid data are not being recorded
by a monitoring system certified and operating in accordance with 20.2.81 NMAC,
missing or invalid data shall be replaced with substitute data in accordance
with 40 CFR Part 75 or, if the WEB source is subject to a WEB protocol in
20.2.81.111 NMAC or 20.2.81.112 NMAC, with substitute data in accordance with
20.2.81.111 NMAC.
(2) For a sulfur
dioxide emitting unit that does not have a certified or provisionally certified
monitoring system in place as of the beginning of the first control period for
which the unit is subject to the WEB trading program, the WEB source shall:
(a) if the WEB source will use a CEMS to
comply with this section, substitute the maximum potential concentration of
sulfur dioxide for the unit and the maximum potential flow rate, as determined
in accordance with 40 CFR Part 75; the procedures for conditional data
validation under Section 75.20(b)(3) may be used for any monitoring system
under 20.2.81 NMAC that uses these 40 CFR Part 75 procedures, as
applicable;
(b) if the WEB source
will use the 40 CFR Part 75 Appendix D methodology, substitute the maximum
potential sulfur content, density or gross calorific value for the fuel and the
maximum potential fuel flow rate, in accordance with Section 2.4 of Appendix D
to 40 CFR Part 75;
(c) if the WEB
source will use the 40 CFR Part 75 methodology for low mass emissions units,
substitute the sulfur dioxide emission factor required for the unit as
specified in
40
CFR 75.19 and the maximum rated hourly heat
input, as defined in
40
CFR 72.2; or
(d) if using a protocol in 20.2.81.111 NMAC
or 20.2.81.112 NMAC, follow the procedures in the applicable
protocol.
M. Compliance deadline.
(1) The initial
monitoring plan shall be submitted by the following dates.
(a) For each source that is a WEB source on
or before the program trigger date, the monitoring plan shall be submitted 180
days after such program trigger date.
(b) For any existing source that becomes a
WEB source after the program trigger date, the monitoring plan shall be
submitted by September 30 of the year following the inventory year in which the
source exceeded the emissions threshold.
(c) For any new WEB source, the monitoring
plan shall be included with the permit application under 20.2.70 NMAC, 20.2.72
NMAC, 20.2.74 NMAC or 20.2.79 NMAC.
(2) A detailed monitoring plan under
Subsection E of 20.2.81.106 NMAC shall be submitted no later than 45 days prior
to commencing certification with the following Paragraph 3.
(3) Emission monitoring systems shall be
installed, operational and shall have met all of the certification testing
requirements of this 20.2.81.106 NMAC (including any referenced in 20.2.81.111
NMAC or 20.2.81.112 NMAC) by the following dates.
(a) For each source that is a WEB source on
or before the program trigger date, two years prior to the start of the first
control period as described in 20.2.81.109 NMAC.
(b) For any existing source that becomes a
WEB source after the program trigger date, one year after the due date for the
monitoring plan under Subparagraph b of Paragraph 2 of Subsection M of
20.2.81.106 NMAC.
(c) For any new
WEB source, (or any new unit at a WEB source under Paragraph 3 Subparagraph a
or b, the earlier of 90 unit operating days or 180 calendar days after the date
the new source commences operation.
(4) The WEB source shall submit test notices
and certification applications in accordance with the deadlines set forth in
Paragraph 2 of Subsection J of 20.2.81.106 NMAC.
(5) For each applicable control period, the
WEB source shall submit each quarterly report under Subsection O of 20.2.81.106
NMAC by no later than 30 days after the end of each calendar quarter and shall
submit the annual report under Subsection O of 20.2.81.106 NMAC no later than
60 days after the end of each calendar year.
N. Recordkeeping.
(1) The WEB source shall keep copies of all
reports, registration materials, compliance certifications, sulfur dioxide
emissions data, quality assurance data, and other submissions under 20.2.81
NMAC for a period of five years. In addition, the WEB source shall keep a copy
of all account certificates of representation. Unless otherwise requested by
the WEB source and approved by the department, the copies shall be kept on site
at the source.
(2) The WEB source
shall keep records of all operating hours, quality assurance activities, fuel
sampling measurements, hourly averages for sulfur dioxide, stack flow, fuel
flow, or other continuous measurements, as applicable, and any other applicable
data elements specified in this section , 20.2.81.111 NMAC or in 20.2.81.112
NMAC. The WEB source shall maintain the applicable records specified in 40 CFR
Part 75 for any sulfur dioxide emitting unit that uses a Part 75 monitoring
method to meet the requirements of this section.
O. Reporting.
(1) Quarterly reports. For each sulfur
dioxide emitting unit, the account representative shall submit a quarterly
report within thirty days after the end of each calendar quarter. The report
shall be in a format specified by the department to include hourly and quality
assurance activity information and shall be submitted in a manner compatible
with the emissions tracking database designed for the WEB trading program. If
the WEB source submits a quarterly report under 40 CFR Part 75 to the U.S. EPA
administrator, no additional report under this paragraph shall be required,
provided, however, that the department may require that a copy of that report
(or a separate statement of quarterly and cumulative annual sulfur dioxide mass
emissions) be submitted separately to the department.
(2) Annual report. Based on the quarterly
reports, each WEB source shall submit an annual statement of total annual
sulfur dioxide emissions for all sulfur dioxide emitting units at the source.
The annual report shall identify the total emissions for all units monitored in
accordance with Subsection A of 20.2.81.106 NMAC and the total emissions for
all units with emissions estimated in accordance with Subsection B of
20.2.81.106 NMAC. The annual report shall be submitted within 60 days after the
end of a control period.
(3) If the
department so directs that any monitoring plan, report, certification,
recertification, or emissions data required to be submitted under this section
be submitted to the tracking system administrator.
(4) The department may review and reject any
report submitted under this Subsection O of 20.2.81.106 NMAC that contains
errors or fails to satisfy the requirements of this section, and the account
representative shall resubmit the report to correct any deficiencies.
(5) A WEB source may petition for an
alternative to any requirement specified in Paragraph 2 of Subsection A of
20.2.81.106 NMAC. The petition shall require approval of the department and the
U.S. EPA administrator. Any petition submitted under this paragraph shall
include sufficient information for the evaluation of the petition, including,
at a minimum, the following information:
(a)
identification of the WEB source and applicable sulfur dioxide emitting
unit(s);
(b) a detailed explanation
of why the proposed alternative is being suggested in lieu of the
requirement;
(c) a description and
diagram of any equipment and procedures used in the proposed alternative, if
applicable;
(d) a demonstration
that the proposed alternative is consistent with the purposes of the
requirement for which the alternative is proposed and is consistent with the
purposes of 20.2.81 NMAC and that any adverse effect of approving such
alternative will be de minimis; and
(e) any other relevant information that the
department may require.
(6) For any monitoring plans, reports, or
other information submitted under 20.2.81.106 NMAC, the WEB source shall ensure
that, where applicable, identifying information is consistent with the
identifying information provided in the most recent certificate of
representation for the WEB source submitted under 20.2.81.102 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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