TITLE 20               ENVIRONMENTAL PROTECTION

CHAPTER 2         AIR QUALITY (STATEWIDE)

PART 65               SMOKE MANAGEMENT

 

 

20.2.65.1               ISSUING AGENCY:  Environmental Improvement Board.

[20.2.65.1 NMAC - N, 12/31/03]

 

20.2.65.2               SCOPE:  All geographic areas within the jurisdiction of the environmental improvement board.

[20.2.65.2 NMAC - N, 12/31/03]

 

20.2.65.3               STATUTORY AUTHORITY:  Environmental Improvement Act, NMSA 1978, Subsection 74-1-8(A) (4) and Air Quality Control Act, NMSA 1978, Sections 74-2-1 to -22, including specifically, Subsections 74-2-5(A), (B) and (C).

[20.2.65.3 NMAC - N, 12/31/03]

 

20.2.65.4               DURATION:  Permanent.

[20.2.65.4 NMAC - N, 12/31/03]

 

20.2.65.5               EFFECTIVE DATE:  December 31, 2003, except where a later date is cited at the end of a section.

[20.2.65.5 NMAC - N, 12/31/03]

[The latest effective date of any section in this part is December 31, 2003.]

 

20.2.65.6               OBJECTIVE:  The objective of this part is to manage the air quality impacts of smoke from all sources of fire. This part does not preempt any more stringent controls on burning provided in:

                A.            any other New Mexico statute or regulation or any local law, ordinance or regulation; or

                B.            any lawfully issued restriction on burning such as may be issued for wildfire prevention.

[20.2.65.6 NMAC - N, 12/31/03]

 

20.2.65.7               DEFINITIONS:  In addition to the terms defined in 20.2.2 NMAC (definitions), as used in this part:

                A.            "alternatives to burning" means treatments employing manual, mechanical, chemical, or biological methods to manage vegetation or fuel loads or land management practices that treat vegetation (fuel) without using fire; a treatment or practice may only be considered an alternative if it has successfully been used to take the place of fire for at least three years;

                B.            "burn project" means, in prescribed burning or in wildland fire use, a burn on an area that is contiguous and is being treated or managed for the same land management objectives;

                C.            "burner" means that person who is responsible for a prescribed fire project that is regulated under this part;

                D.            "class I area" means all international parks, national wilderness areas that exceed 5,000 acres in area, national memorial parks that exceed 5,000 acres in area, and national park areas that exceed 6,000 acres in area and that existed on the date of enactment of the Clean Air Act amendments of 1977; the extent of the areas designated as class I shall conform to any changes in the boundaries of such areas that occurred subsequent to the date of the enactment of the Clean Air Act amendments of 1977 or 1990;

                E.             "emission reduction technique" means a strategy for controlling smoke from prescribed fires that minimizes the amount of smoke output per unit of area treated or other objective unit of accomplishment; such strategy shall be used in conjunction with fire and shall not be a replacement for fire; for the purposes of this regulation, a technique used within three years of a burning operation is an emission reduction technique; if that same technique replaces fire for three years or more, the technique is considered an alternative to burning;

                F.             "non-attainment area" means an area which has been designated under section 107 of the federal Clean Air Act as nonattainment for one or more of the national ambient air quality standards by the federal environmental protection agency;

                G.            "part" means an air quality control regulation under Title 20, Chapter 2 of the New Mexico administrative code, unless otherwise noted, as adopted or amended by the board;

                H.            "pile" means vegetative materials that have been relocated either by hand or machinery and heaped together;

                I.              "pile volume" means a pile's gross volume, including the air space between solid constituents, as calculated from the pile's overall dimensions and shape;

                J.             "population" means the total of individuals occupying an area; locations for individuals within an area include, but are not limited to, open campgrounds, single family dwellings, hospitals, schools in use, villages, and open places of employment;

                K.            "prescribed fire" means any fire ignited by any person to meet specific land management objectives; for the purposes of this part, wildland fire use is considered prescribed fire; any fire ignited in an air curtain incinerator is not "prescribed fire" for purposes of this part;

                L.            "public notification" means any method that communicates burn information to the burners, air regulators, the local fire authority, and to the general public;

                M.           "SMP I" means burn projects that emit less than one ton per day of PM-10 emissions or burn less than 5,000 cubic feet pile volume of vegetative material per day;

                N.            "SMP II" means burn projects that emit greater than or equal to one ton of PM-10 emissions per day or greater than or equal to 5,000 cubic feet pile volume of vegetative material per day;

                O.            "vegetative material" means untreated wood and untreated wood products, including tree stumps (whole or chipped), trees, tree limbs (whole or chipped), bark, sawdust, chips, scraps, slabs, millings, shavings, grass, grass clippings, leaves, conifer needles, bushes, shrubs, clippings from bushes and shrubs, and agricultural plant residue;

                P.            "ventilation category" means that adjective describing the ventilation index conditions in terms of excellent, very good, good, fair, and poor;

                Q.            "ventilation index" means an index that describes the potential for smoke or other pollutants to ventilate away from their source;

                R.            "wildfire" means any unplanned, non-structural fire that occurs on wildland;

                S.            "wildland" means an area in which development is essentially non-existent, except for roads, railroads, power lines, and similar transportation facilities; structures if any are widely scattered;

                T.            "wildland fire use" means the management of wildfire, which is naturally ignited (such as by lightning or volcanic eruption) fire, to accomplish specific pre-stated resource objectives in predefined geographic areas, also known as fire use, wildfire use, prescribed natural fire, and fire for resource benefit.

[20.2.65.7 NMAC - N, 12/31/03]

 

20.2.65.8 to 20.2.65.99      [RESERVED]

 

20.2.65.100          APPLICABILITY:

                A.            This part applies to all users of prescribed fire that:

                    (1)     exceeds ten acres in area or 1,000 cubic feet of pile volume per day of vegetative material; or

                    (2)     exceeds the daily burn area or pile volume thresholds specified in Subsection A of 20.2.60.111 NMAC (open burning).

                B.            This part also applies to burn projects otherwise subject to 20.2.60 NMAC (open burning) that users of prescribed fire voluntary choose to register with the department under Subsection C of 20.2.65.102 NMAC or Subsection G of 20.2.65.103 NMAC.

                C.            In addition, portions of this part also apply to the land manager or owner of property on which a wildfire occurs.

[20.2.65.100 NMAC - N, 12/31/03]

 

20.2.65.101          MATERIALS ALLOWED TO BE BURNED:  Only vegetative material shall be burned, with the following exceptions.

                A.            Auxiliary fuel or incendiary devices may be used to ignite the burning authorized by this section, provided that:

                    (1)     no oil heavier than no. 2 diesel shall be used; and

                    (2)     no more than the minimum amount of auxiliary fuel necessary to complete the burn shall be used.

                B.            Polyethylene sheeting may be burned with the vegetative materials, provided that:

                    (1)     the sheeting has been covering piled vegetative material for at least one month prior to burning;

                    (2)     the amount of sheeting burned is no more than the minimum necessary to cover the pile;

                    (3)     removal of the sheeting before burning is impractical; and

                    (4)     the burner is able to provide evidence, such as purchase records or package labeling, that the sheeting is polyethylene and not some other form of plastic.

[20.2.65.101 NMAC - N, 12/31/03]

 

20.2.65.102          REQUIREMENTS FOR SMP I:  For any burn project of less than one ton of PM-10 emissions per day or less than 5,000 cubic feet pile volume per day, all of the following requirements shall apply.

                A.            The burner shall burn only under appropriate dispersion conditions. In order to accomplish this objective, the burner shall follow one of the two options below.

                    (1)     The burner shall:

                              (a)     ignite burns only during the hours from one hour after sunrise until one hour before sunset; the burner may apply for a waiver of this requirement in writing from the department no later than two weeks prior to the planned burn project; the burner shall document the reasons for waiver application on the appropriate form provided by the department; the department shall notify the burner no later than one week prior to the planned burn project of whether the waiver is granted or denied; the department shall consider such waiver requests on a case-by-case basis; and

                              (b)     conduct burn projects at least 300 feet from any occupied dwelling, workplace, or place where people congregate, which is on property owned by, or under possessory control of, another person; the burner may apply for a waiver of this requirement in writing from the department no later than two weeks prior to the planned burn project; the burner shall document the reasons for waiver application on the appropriate form provided by the department; the department shall notify the burner no later than one week prior to the planned burn project of whether the waiver is granted or denied; the department shall consider such waiver requests on a case-by-case basis; or

                    (2)     the burner shall:

                              (a)     only burn during times when the ventilation category is good or better; the burner may apply for a waiver of this requirement in writing from the department no later than 10:00 a.m. one business day prior to the planned burn project; the burner shall document the reasons for waiver application on the appropriate form provided by the department; the department shall notify the burner no later than 3:00 p.m. one business day prior to the planned burn project of whether the waiver is granted or denied; the department shall consider such waiver requests on a case-by-case basis; and

                              (b)     conduct visual monitoring and shall document the results; the burner shall maintain records of those results for a period of one year; for any burn project planned to be conducted within a one mile radius of a population, the department may require that the burner notify the department no later than two business days prior to the planned burn project so that the department may determine whether to conduct instrument monitoring in addition to visual monitoring conducted by the burner; the need for instrument monitoring shall be determined by the department on a case-by-case basis.

                B.            The burner shall notify the local fire authority prior to igniting a burn.

                C.            The burner shall register the burn project with the department on a registration form provided by the department no later than 10:00 a.m. one business day prior to the planned ignition of the burn project. The department shall provide the burner with a registration number for the burn project. Prior to igniting the burn project, if the burner has not received the registration number, the burner shall make a good faith effort to contact the department to obtain the registration number. For burn projects longer than seven days, the burner shall notify the department separately for each seven days of burning to be conducted under that burn project registration. The burner shall not burn more area or volume than the burner has included in the notification or registration.

                D.            The burner shall submit a completed burn project tracking form to the department on a tracking form provided by the department no later than two weeks following completion of the burn project.

                E.             For burn projects conducted within a one-mile radius of a population, the following requirements shall apply in addition to all other requirements in this section (20.2.65.102 NMAC):

                    (1)     the burner shall conduct visual monitoring and document the results; and

                    (2)     the burner shall conduct public notification of populations within a one-mile radius of the burn project no later than two days prior to, and no earlier than thirty days in advance of, igniting a burn project.

                F.             The burner shall maintain all records of actions performed pursuant to the requirements of this section for a period of at least one year.

[20.2.65.102 NMAC - N, 12/31/03]

 

20.2.65.103          REQUIREMENTS FOR SMP II:  For any burn project with emissions greater than or equal to one ton of PM-10 emissions per day or greater than or equal to 5,000 cubic feet pile volume per day, all of the following requirements shall apply.

                A.            The burner shall review smoke management educational material supplied by the department or complete an approved smoke management training program prior to initiating burning.

                B.            The burner shall consider alternatives to burning and shall document this consideration and rationale for not using alternatives on the form provided by the department.

                C.            The burner shall implement at least one emission reduction technique and shall document this implementation on the forms provided by the department. The burner may apply for a waiver of this requirement in writing from the department no later than two weeks prior to the planned burn project. The burner shall document the reasons for waiver application on the appropriate form provided by the department. The department shall notify the burner no later than 10:00 a.m. one week prior to the planned burn project of whether the waiver is granted or denied. The department shall consider such waiver requests on a case-by-case basis, taking into consideration the criteria of efficiency, economics, law, emission reduction opportunities, land management objectives, and reduction of visibility impact.

                D.            The burner shall only burn during times when the ventilation category is "good" or better. The burner may apply for a waiver of this requirement in writing from the department no later than 10:00 a.m. one business day prior to the planned burn. The burner shall document the reasons for waiver application on the appropriate form provided by the department. The department shall notify the burner no later than 3:00 p.m. one business day prior to the planned burn of whether the waiver is granted or denied. The department shall consider such waiver requests on a case-by-case basis.

                E.             The burner shall conduct visual monitoring and shall document the results.

                F.             The burner shall notify the local fire authority prior to igniting a burn.

                G.            The burner shall register a burn project with the department on forms provided by the department no later than two weeks prior to planned ignition of the burn.

                H.            The burner shall notify the department of the intent to burn on a specific date no later than 10:00 a.m. one business day prior to the planned burn project. The notification may be made for up to a seven-day advance period. The department shall notify the burner of the receipt of the notification by 11:00 a.m. If the department has not notified the burner by 11:00 a.m., the burner shall make a good faith effort to contact the department to verify that the department received the notification prior to igniting the burn. The burner shall not burn more area or volume than the burner has included in the notification. The department shall notify the burner no later than 3:00 p.m. one business day prior to the burn project if a modification of the burn is required.

                I.              The burner shall complete and submit to the department on a form provided by the department a fire activity tracking form no later than two weeks following the end of the burn project.

                J.             For burns planned to be conducted with the wind blowing toward a population, or within a fifteen mile radius of a population if wind direction is not considered, the following requirements shall apply in addition to all other requirements in this section (20.2.65.103 NMAC).

                    (1)     The department may require that the burner notify the department no later than two business days prior to the planned burn so that the department may determine whether to conduct instrument monitoring in addition to visual monitoring conducted by the burner. The need for instrument monitoring shall be determined by the department on a case-by-case basis; and

                    (2)     The burner shall conduct public notification no later than two days prior to, and no sooner than thirty days in advance of, igniting a burn.

                K.            The burner shall maintain all records of actions performed pursuant to the requirements of this section for a period of at least one year.

[20.2.65.103 NMAC - N, 12/31/03]

 

20.2.65.104          WILDLAND FIRE USE:  For wildland fire use exceeding ten acres in area, the following requirements shall apply.

                A.            The burner shall register a burn project with the department on forms provided by the department no later than one business day following the decision to manage a wildland fire use burn. The burner shall notify the department daily by 10:00 a.m. of the status of the burn.

                B.            The burner shall notify the appropriate authorities of the decision to manage a wildland fire use burn. For burns within a fifteen mile radius of a population, the burner shall conduct public notification no later than one calendar day of the decision to manage the burn as a wildland fire use.

                C.            The burner shall conduct visual monitoring and shall document the results.

                D.            The burner shall complete and submit to the department a fire activity tracking form no later than two weeks following the end of the burn project.

                E.             The burner shall maintain all records of actions performed pursuant to the requirements of this section for a period of at least one year.

[20.2.65.104 NMAC - N, 12/31/03]

 

20.2.65.105          WILDFIRE UNDER SUPPRESSION:  The land manager or owner of property on which a wildfire exceeding 100 acres in area occurs shall complete and submit to the department a fire activity tracking form no later than six weeks or by November 1 of that year, whichever is earlier, following the cessation of fire fighting activities on the wildfire.

[20.2.65.105 NMAC - N, 12/31/03]

 

HISTORY OF 20.2.65 NMAC:

Pre-NMAC History:  None.

 

History of Repealed Material:  [RESERVED]

 

Other History:  [RESERVED]

 

 
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TITLE 20               ENVIRONMENTAL PROTECTION

CHAPTER 2         AIR QUALITY (STATEWIDE)

PART 64               MUNICIPAL SOLID WASTE LANDFILLS

 

 

20.2.64.1               ISSUING AGENCY:  Environmental Improvement Board.

[12/20/96; 20.2.64.1 NMAC - Rn, 20 NMAC 2.64.100 10/31/02]

 

20.2.64.2               SCOPE:  All geographic areas within the jurisdiction of the Environmental Improvement Board.

[12/20/96; 20.2.64.2 NMAC - Rn, 20 NMAC 2.64.101 10/31/02]

 

20.2.64.3               STATUTORY AUTHORITY:  Environmental Improvement Act, NMSA 1978, section 74-1-8(A)(4) and (7), and Air Quality Control Act, NMSA 1978, sections 74-2-1 et seq., including specifically, section 74-2-5(A), (B) and (C).

[12/20/96; 20.2.64.3 NMAC - Rn, 20 NMAC 2.64.102 10/31/02]

 

20.2.64.4               DURATION:  Permanent.

[12/20/96; 20.2.64.4 NMAC - Rn, 20 NMAC 2.64.103 10/31/02]

 

20.2.64.5               EFFECTIVE DATE:  December 20, 1996.

[12/20/96; 20.2.64.5 NMAC - Rn, 20 NMAC 2.64.104 10/31/02]

[The latest effective date of any section in this Part is 10/31/02.]

 

20.2.64.6               OBJECTIVE:  The objective of this Part is to establish requirements for municipal solid waste landfills in order to control emissions of nonmethane organic compounds (NMOC).

[12/20/96; 20.2.64.6 NMAC - Rn, 20 NMAC 2.64.105 10/31/02]

 

20.2.64.7               DEFINITIONS:  In addition to the terms defined in 20.2.2 NMAC (Definitions), and those defined in 40 CFR 60 Subpart A, as used in this Part:

                A.            "Existing municipal solid waste landfill" is an MSWL meeting the following conditions:

                    (1)     Construction, reconstruction, or modification was commenced before May 30, 1991; and

                    (2)     The MSWL has accepted waste at any time since November 8, 1987, or has additional design capacity available for future waste deposition.

                B.            "Municipal solid waste landfill (MSWL)" means an entire disposal facility in a contiguous geographical space where household waste is placed in or on land.  An MSWL may also receive other types of Resource Conservation and Recovery Act (RCRA) Subtitle D wastes such as commercial solid waste, nonhazardous sludge, conditionally exempt small quantity generator waste, and industrial solid waste.  Portions of an MSWL may be separated by access roads.  An MSWL may be publicly or privately owned.  An MSWL may be new, existing, or a lateral expansion.

                C.            "New municipal solid waste landfill" is an MSWL that commenced construction, reconstruction, modification, or began accepting waste on or after May 30, 1991.

                D.            "NMOC" means nonmethane organic compounds as measured according to the provisions of 40 CFR 60.754.  This may include many compounds commonly referred to as VOC (volatile organic compounds) and HAP (hazardous air pollutants).

[12/20/96; 20.2.64.7 NMAC - Rn, 20 NMAC 2.64.107 10/31/02]

 

20.2.64.8               [RESERVED]

 

20.2.64.9               DOCUMENTS:  Documents cited in this Part may be viewed at the New Mexico Environment Department, Air Quality Bureau, Harold Runnels Building, 1190 St. Francis Drive, Santa Fe, NM 87505 [2048 Galisteo St., Santa Fe, NM 87505].

[12/20/96; 20.2.64.9 NMAC - Rn, 20 NMAC 2.64.108 10/31/02]

 

20.2.64.10 to 20.2.64.108  [RESERVED]

 

20.2.64.109          APPLICABILITY:

                A.            Existing Municipal Solid Waste Landfills:  An owner or operator of an existing MSWL is subject to all provisions specified in 40 CFR 60.751 through 60.759 as promulgated by US EPA on March 12, 1996, except as provided for in 20.2.64.111 NMAC.  Physical or operational changes made to an existing MSWL solely to comply with this Part are not considered a modification or reconstruction and would not subject an existing MSWL to the requirements of 40 CFR 60 Subpart WWW.

                B.            New Municipal Solid Waste Landfills:  In addition to being subject to 20.2.64.110 NMAC new MSWLs are subject to 40 CFR Part 60, Subpart WWW as incorporated by reference in 20.2.77 NMAC (New Source Performance Standards).

[12/20/96; 20.2.64.109 NMAC - Rn, 20 NMAC 2.64.109 10/31/02]

 

20.2.64.110          PERMITTING REQUIREMENTS:

                A.            Operating Permits:  New and existing MSWLs with design capacities greater than or equal to 2.5 million megagrams or 2.5 million cubic meters are subject to permitting requirements under 20.2.70 NMAC (Operating Permits).  New and existing MSWLs with design capacities less than 2.5 million megagrams or 2.5 million cubic meters are not subject to permitting requirements under 20.2.70 NMAC unless they are major sources as defined in 20.2.70 NMAC.

                B.            Construction Permits:  Emissions of NMOC from MSWLs subject to this Part (20.2.64 NMAC) shall not be included in applicability determinations under 20.2.72 NMAC or be subject to permit requirements under that Part.

[12/20/96; 20.2.64.110 NMAC - Rn, 20 NMAC 2.64.110 10/31/02]

 

20.2.64.111          REQUIREMENTS FOR EXISTING MUNICIPAL SOLID WASTE LANDFILLS:

                A.            Reporting and Compliance: Except as provided for below, reporting and compliance requirements for existing MSWLs shall be in accordance with 40 CFR 60.757 and 60.758.

                    (1)     Within 90 days of final US EPA approval of this Part, an owner or operator of an existing MSWL shall submit an initial design capacity report in accordance with 40 CFR 60.757(a)(2) to the Department.

                    (2)     Within 90 days of final US EPA approval of this Part, an owner or operator of an existing MSWL, with a design capacity equal to or greater than 2.5 million megagrams or 2.5 million cubic meters, shall submit an NMOC emission rate report in accordance with 40 CFR 60.757(b)(1) and (2) to the Department.

                    (3)     Within 30 months after final US EPA approval of this Part, an existing MSWL with a design capacity greater than or equal to 2.5 million megagrams or 2.5 million cubic meters, and with an NMOC emission rate greater than or equal to 50 megagrams per year shall install a gas collection and control system as specified in 40 CFR 60.752(b).

                B.            Exceptions:  On a case by case basis, an existing MSWL may apply for a less stringent emission standard or longer compliance schedule than those otherwise required by this Part, provided that the owner or operator demonstrates to the Department:

                    (1)     Unreasonable cost of control including, but not limited to MSWL age, location, or basic design;

                    (2)     Physical impossibility or impracticability of installing necessary control equipment; or

                    (3)     Other environmental factors specific to the MSWL that make application of a less stringent standard or final compliance time significantly more reasonable.

[12/20/96; 20.2.64.111 NMAC - Rn, 20 NMAC 2.64.111 10/31/02]

 

HISTORY OF 20.2.64 NMAC:

Pre-NMAC History:  None.

 

History of Repealed Material:  [RESERVED]

 

Other History:

20 NMAC 2.64, Municipal Solid Waste Landfills, filed 11/14/96 was renumbered, reformatted and replaced by 20.2.64 NMAC, Municipal Solid Waste Landfills, effective 10/31/02.

 

 
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TITLE 20            ENVIRONMENTAL PROTECTION

CHAPTER 2       AIR QUALITY (STATEWIDE)

PART 63             BIOMEDICAL WASTE COMBUSTION

 

 

20.2.63.1              ISSUING AGENCY:  Environmental Improvement Board.

[11/30/95; 20.2.63.1 NMAC - Rn, 20 NMAC 2.63.100 10/31/02]

 

20.2.63.2              SCOPE:  All geographic areas within the jurisdiction of the Environmental Improvement Board.

[11/30/95; 20.2.63.2 NMAC - Rn, 20 NMAC 2.63.101 10/31/02]

 

20.2.63.3              STATUTORY AUTHORITY:  Environmental Improvement Act, NMSA 1978, section 74-1-8(A)(4), and Air Quality Control Act, NMSA 1978, sections 74-2-1 et seq., including specifically, section 74-2-5(A), (B) and (C)(3).

[11/30/95; 20.2.63.3 NMAC - Rn, 20 NMAC 2.63.102 10/31/02]

 

20.2.63.4              DURATION:  Permanent.

[11/30/95; 20.2.63.4 NMAC - Rn, 20 NMAC 2.63.103 10/31/02]

 

20.2.63.5              EFFECTIVE DATE:  November 30, 1995.

[11/30/95; 20.2.63.5 NMAC - Rn, 20 NMAC 2.63.104 10/31/02]

[The latest effective date of any section in this Part is 10/31/02.]

 

20.2.63.6              OBJECTIVE:  The objective of this Part is to establish requirements for emissions from, and design and operation of, biomedical waste combustion units.

[11/30/95; 20.2.63.6 NMAC - Rn, 20 NMAC 2.63.105 10/31/02]

 

20.2.63.7              DEFINITIONS:  In additions to the terms defined in 20.2.2 NMAC (Definitions), as used in this Part:

              A.           "Anatomical/pathological waste" means human or animal remains consisting of carcasses, tissues, organs or body parts that may or may not be infectious.

              B.           "Biomedical waste" means waste that includes anatomical/pathological wastes, infectious wastes, and chemotherapeutic wastes.  Incorporated in this definition are wastes generated in health care facilities, medical laboratories, and veterinary clinics that require special handling.

              C.          "Biomedical waste combustion unit" means any incinerator which is used to dispose of biomedical waste by combustion.

              D.          "Charging capacity" means the combustion unit manufacturer's or designer's rated capacity expressed in terms of pounds per hour (lb/hr).

              E.           "Charging rate" means the actual rate at which the subject combustion unit is combusting waste at a given point in time expressed in terms of pounds per hour (lb/hr).

              F.           "Chemotherapeutic waste" means all wastes resulting from the production or use of antineoplastic agents used for the purpose of stopping or reversing the growth of malignant cells.  Chemotherapeutic wastes shall not include any waste containing antineoplastic agents that are listed as hazardous waste.

              G.          "Continuous emission monitor" means the total equipment required to sample and analyze emissions or process parameters on a continuous basis.

              H.          "Crematory incinerator" means any combustion unit designed and used solely for the combustion of anatomical/pathological waste including incidental items normally cremated as part of the funeral process.

              I.            "DSCF" means dry standard cubic foot with standard conditions being a temperature of 68 degrees Fahrenheit and a pressure of 29.92 inches Hg.

              J.           "DSCM" means dry standard cubic meter with standard conditions being a temperature of 68 degrees Fahrenheit and a pressure of 29.92 inches Hg.

              K.          "Facility" means one or more biomedical waste combustion units at the same location.

              L.           "gr" means grains.

              M.          "Hazardous waste" means hazardous waste as defined in 40 CFR Part 261.3.

              N.          "Infectious waste" means a limited class of substances that carry a significant risk of transmitting disease, including but not limited to:

                    (1)     microbiology laboratory wastes, including cultures and stocks of infectious agents from clinical research and industrial laboratories, and disposable culture dishes and devices used to transfer, inoculate and mix cultures;

                    (2)     pathological wastes, including human or animal tissues, organs and body parts, removed during surgery, autopsy or biopsy;

                    (3)     disposable equipment, instruments, utensils, and other disposable materials which require special precautions because of contamination by highly contagious diseases;

                    (4)     blood and blood products, including waste blood, blood serum, plasma and blood products;

                    (5)     contaminated sharps, including contaminated hypodermic needles, syringes, scalpel blades, pasteur pipettes and broken glass; and

                    (6)     contaminated animal carcasses, body parts and bedding, especially those intentionally exposed to pathogens in research, in the production of biologicals or the "in vivo" testing of pharmaceuticals.

              O.          "mg" means milligrams.

              P.           "ng" means nanograms.

              Q.          "Opacity" means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background.

              R.           "Operation" means the acts of ash removal, preheating of combustion unit, waste loading, combustion, burndown and cooldown.

              S.           "Part" means an air quality control regulation under Title 20, Chapter 2 of the New Mexico Administrative Code, unless otherwise noted; as adopted or amended by the Board.

              T.           "PCDD/PCDF" means total tetra- through octa-chlorinated dibenzo-para-dioxins and dibenzofurans.

              U.           "Same location" means the same or contiguous property that is under common ownership or control, including properties that are separated only by a street, road, highway, or other public right-of-way.  Common ownership or control includes properties that are owned, leased, or operated by the same entity, parent entity, subsidiary, subdivision, or any combination thereof, including any municipality or other governmental unit, or any quasi-governmental authority.

              V.           "Shutdown" means the cessation of all waste charging operations.

              W.          "Startup" means the setting into operation of any air pollution control equipment, process equipment or process for any purpose except routine phasing in of equipment.

              X.           "Total charging capacity" means the aggregate of all charging capacities of biomedical combustion units located at a facility.

[11/30/95; 20.2.63.7 NMAC - Rn, 20 NMAC 2.63.107 10/31/02]

 

20.2.63.8              AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS:  This Part amends and supersedes Air Quality Control Regulation ("AQCR") 2020 -- Biomedical Waste Combustion filed March 8, 1991.

              A.           All references to AQCR 2020 in any other rule shall be construed as a reference to this Part.

              B.           The amendment and supersession of AQCR 2020 shall not affect any administrative or judicial enforcement action pending on the effective date of such amendment nor the validity of any permit issued pursuant to AQCR 2020.

[11/30/95; 20.2.63.8 NMAC - Rn, 20 NMAC 2.63.106 10/31/02]

 

20.2.63.9              DOCUMENTS:  Documents cited in this Part may be viewed at the New Mexico Environment Department, Air Quality Bureau, Runnels Building, 1190 Saint Francis Drive, Santa Fe, NM  87505 [2048 Galisteo St., Santa Fe, NM 87505].

[11/30/95; 20.2.63.9 NMAC - Rn, 20 NMAC 2.63.108 10/31/02]

 

20.2.63.10 to 20.2.63.199                [RESERVED]

 

20.2.63.200          APPLICABILITY:

              A.           The requirements of this regulation apply to the owner or operator of any biomedical waste combustion unit located at a facility with a total charging capacity of less than 50 tons per day.  The requirements of this regulation do not apply to crematory incinerators.

              B.           In addition to the requirements of this regulation, any applicable federal regulation in 40 CFR Part 60 -- Standards of Performance for New Stationary Sources shall apply in full.  Whenever there is a conflict between this regulation and a federal counterpart, the more stringent requirement shall apply.

[11/30/95; 20.2.63.200 NMAC - Rn, 20 NMAC 2.63.200 10/31/02]

 

20.2.63.201          GENERAL REQUIREMENTS:

              A.           No one shall combust biomedical waste in a single chamber combustion unit.  All single chamber combustion units shall be taken out of service and removed from the facility.

              B.           No one shall combust material marked with radiation symbols as required by 20.3.1 NMAC - 20.3.20 NMAC (Radiation Protection Regulations), or material having a radioactivity level greater than background, in a combustion unit subject to this Part.

              C.          Hazardous waste may not be combusted in a combustion unit subject to this regulation unless a permit to do so pursuant to the Resource Conservation and Recovery Act has been obtained from the Hazardous Waste Bureau of the Department.

              D.          Infectious wastes are defined as "special wastes" and as such are subject to 20.9.1 NMAC (New Mexico Solid Waste Management Regulation).

              E.           Any biomedical waste combustion unit located at a facility with a total charging capacity of 50 tons per day or more or which accepts off-site municipal solid waste from a non-generator of biomedical waste must also meet the requirements of 20.2.62 NMAC (Municipal Waste Combustion).

[11/30/95; 20.2.63.201 NMAC - Rn, 20 NMAC 2.63.300 10/31/02]

 

20.2.63.202          EMISSION LIMITS:

              A.           Emission Limits:  The owner or operator shall not cause or allow any emission limit in subsection A of 20.2.63.210 NMAC to be exceeded.

              B.           Compliance:

                    (1)     Compliance with the emission limit for carbon monoxide (CO), for units required to have continuous CO monitoring, shall be determined by continuous emission monitor measurements as calculated in the form of 4-hour block averages.  For units not equipped with continuous CO monitoring equipment compliance shall be determined by manual tests conducted in accordance with 20.2.63.205 NMAC.

                    (2)     Compliance with the emission limits for particulate matter, sulfur dioxide, nitrogen dioxide, hydrogen chloride, PCDD/PCDF, and metals shall be determined by manual tests conducted in accordance with 20.2.63.205 NMAC.  For metals, the percent removal shall be calculated as the percent difference between the measured concentrations at the inlet and outlet of the air pollution control system.

                    (3)     As surrogate for compliance with metals removal efficiency requirements, the owner or operator may comply with an emission limitation for cadmium (Cd) of fifty (50) micrograms per kilogram of waste combusted.  The emission limit for cadmium cannot be used as surrogate for mercury.

                    (4)     Compliance with the opacity limit in subsection A of 20.2.63.210 NMAC shall be determined by continuous emission monitor measurements and 40 CFR Part 60, Appendix A, Method 9 as calculated in the form of 6-minute averages.

                    (5)     The owner or operator of a biomedical waste combustion unit located at a facility with a total charging capacity of up to four hundred (400) pounds per hour may obtain a written exemption from the Air Quality Bureau from the applicable emission limits set forth in subsection A of 20.2.63.210 NMAC and may obtain a written exemption from the Air Quality Bureau from emission monitoring requirements as stated in subparagraph (c) of paragraph (1) of subsection A of 20.2.63.204 NMAC provided that:

                              (a)     The owner or operator complies with the emission limits set forth in subsection A of 20.2.63.210 NMAC for biomedical waste combustion units located at a facility with a total charging capacity of less than two hundred (200) pounds per hour; and

                              (b)     The owner or operator obtains a written exemption from the Air Quality Bureau that contains a condition limiting the operation of such biomedical waste combustion unit to six hours in any one day.  The violation of such an exemption condition shall be a violation of this regulation.

11/30/95; 20.2.63.202 NMAC - Rn, 20 NMAC 2.63.400 - 401 10/31/02]

 

20.2.63.203          DESIGN AND OPERATING REQUIREMENTS:

              A.           Design Requirements:

                    (1)     All combustion units shall be equipped with a secondary combustion chamber which provides for turbulent mixing by ensuring that the air being supplied to the combustion zone has sufficient momentum to penetrate the combustion gases.  The secondary combustion chamber shall also provide one second of residence time, as measured from the location where the maximum temperature has been fully developed and is calculated with consideration of design-specific furnace parameters including chamber volume, volumetric air flow rate, and excess air rate.

                    (2)     Primary combustion chamber temperature must be maintained at not less than fourteen hundred (1400) degrees Fahrenheit.

                    (3)     Secondary combustion chamber temperature must be maintained at not less than eighteen hundred (1800) degrees Fahrenheit.

                    (4)      Auxiliary burners must be designed to provide the combustion chamber temperatures as described in paragraphs (2) and (3) of subsection A of 20.2.63.203 NMAC without the assistance of the heat content of the waste.  The auxiliary burner fuel and the combustion air shall be modulated automatically to maintain a secondary chamber exit temperature of at least eighteen hundred (1800) degrees Fahrenheit and a primary chamber temperature of at least fourteen hundred (1400) degrees Fahrenheit.

                    (5)     The waste charging system of any combustion unit must be designed to prevent disruption of the combustion process as waste is charged.  Batch charged units must be equipped with a lockout mechanism to prevent charging after start-up.  Units with automatic charging systems shall be equipped with a sealed feeding device capable of preventing combustion upsets during charging.  The volume of the loading system shall be designed to prevent overcharging.

                    (6)     For batch charged units, waste shall not be ignited until the secondary chamber exit temperature is established and holding at eighteen hundred (1800) degrees Fahrenheit for at least fifteen (15) minutes.  Interlocks shall be provided which prevent opening the charging door after ignition and until the burn-down and cool-down periods are complete.

                    (7)     For continually charged combustion units, the charging of waste shall automatically cease through the use of an interlock system if:

                              (a)     The combustion unit's secondary chamber temperature drops below 1800 degrees Fahrenheit for any continuous fifteen-minute period; or

                              (b)     The carbon monoxide emissions are equal to or greater than 50 ppm by volume, corrected to seven percent (7%) O2 on a dry basis for any continuous 15-minute period.

              B.           Stack Height Requirements:  Exhaust stack height for all biomedical waste combustion units shall be in accord with "good engineering practice" (GEP).

                    (1)     For purposes of this Part, GEP is defined as the greater of:

                              (a)     Hg = H + 1.5L where:  Hg = Good engineering practice stack height measured from the ground-level elevation at the base of the stack, H = Height of nearby structure(s) measured from the ground-level elevation at the base of the stack, L = Lesser dimension, height or projected width, of nearby structure(s), provided that the Department may require the use of a field study or fluid model to verify GEP stack height for the source; or

                              (b)     The height demonstrated by a fluid model or a field study approved by the Department, which ensures that the emissions from a stack do not result in excessive concentrations of any air pollutant as a result of atmospheric downwash, wakes, or eddy effects created by the source itself, nearby structures or nearby terrain features.

                    (2)    For purposes of this Part, the definitions in 40 CFR Sections 51.100(Z), (ff), and (hh)-(kk) (1987) are hereby incorporated as state regulations.

              C.          Operating Requirements:

                    (1)     The owner or operator of a biomedical waste combustion unit shall not manually charge the primary combustion chamber through doors open to the atmosphere while the unit is operating.  Charging of waste for units other than batch units shall be by mechanical means which prevents upsets in the burn cycle.

                    (2)     Each combustion unit shall operate so that during shutdown the combustion unit continues to meet applicable emission limitations and the secondary combustion chamber temperature is maintained at 1800 degrees Fahrenheit or above until the waste is completely combusted.

                    (3)     Combustion units utilizing control devices to attain emission limits must be designed such that the flue gas temperature at the outlet of the final control device does not exceed three hundred (300) degrees Fahrenheit unless a demonstration is made that an equivalent collection (removal) of heavy metals and toxic organics can be achieved at a higher temperature or through  the use of alternate technologies.

[11/30/95; 20.2.63.203 NMAC - Rn 20 NMAC 2.63.500 - 502 10/31/02]

 

20.2.63.204          MONITORING:

              A.           Emission Monitoring:

                    (1)     Continuous emission monitors shall be installed, calibrated, maintained, and operated, and shall continuously record data for the following:

                              (a)     For biomedical waste combustion units located at a facility with a total charging rate of 1000 pounds per hour or greater;

                                        (i)     carbon monoxide (CO);

                                        (ii)     oxygen (O2); and

                                        (iii)     opacity.

                              (b)     If an opacity monitor cannot be applied satisfactorily, alternate apparatus may be employed, on a case by case basis, with the written approval of the Department, to demonstrate acceptable operation of the particulate removal device.

                              (c)     For biomedical waste combustion units located at a facility with a total charging capacity of less than one thousand (1000) pounds per hour;

                                        (i)     oxygen (O2); and

                                       (ii)     carbon monoxide (CO).

                    (2)     The owner or operator of any combustion unit shall install, calibrate, maintain, operate, and continuously record the temperature of gases leaving the primary and secondary combustion chambers and the outlet of the final air pollution control device, where present.  Such monitors shall have an accuracy of plus or minus 0.75 percent of the temperature being measured expressed in degrees Celsius or plus or minus 2.5 degrees Celsius, whichever is greater.  Sensors shall be located such that flames from the burners do not impinge on the sensors.

                    (3)     At least ninety (90) days prior to initial startup, the owner or operator shall submit a report to the Department which describes, for each monitor, the location, specifications, procedures for calibration, operation, maintenance, data evaluation, and reporting.  Monitoring equipment shall not be installed prior to Department approval of the report.

                    (4)     The continuous emission monitors which measure oxygen (O2) and carbon monoxide (CO) shall complete a minimum of one cycle of operation for each successive fifteen-minute period.  One-hour averages shall be calculated from four (4) or more data points equally spaced over each one-hour period.

                    (5)     The continuous emission monitor which measures opacity shall complete a minimum of one cycle of operation for each successive ten-second period.  Six-minute averages shall be calculated from thirty-six (36) or more data points equally spaced over each six-minute period.

                    (6)     Data recorded during periods of continuous emission monitor breakdown, repairs, calibration checks, and zero and span adjustments shall not be included in calculated data averages.

                    (7)     Emission data shall be obtained from each continuous emission monitor which represents a minimum of seventy-five (75) percent of all operational hours for each twenty-four (24) hour period beginning at twelve (12) midnight.  Failure to meet the seventy-five (75) percent data capture requirement of this section shall cause the combustion unit to be shutdown as required by subsection B of 20.2.63.204 NMAC.

                    (8)     The owner or operator shall ensure each continuous emission monitor meets the requirements of 40 CFR Part 60, Appendix F -- Quality Assurance Procedures and shall submit to the Department all reports specified by subject requirements.  The required reports shall be submitted quarterly.

              B.           Continuous Emission Monitor Malfunction:  Whenever any required continuous emission monitor cannot meet the data capture requirement of paragraph (7) of subsection A of 20.2.63.204 NMAC and the owner or operator does not obtain the required data from an alternate monitor or test method, the combustion unit shall cease operation for the time necessary to comply with paragraph (7) of subsection A of 20.2.63.204 NMAC.

              C.          Performance Evaluation:

                    (1)     During or within thirty (30) days of the emission tests required by 20.2.63.205 NMAC, the owner or operator shall conduct a performance evaluation of each continuous emissions monitor in accordance with the procedures of 40 CFR Part 60, Appendix B -- Performance Specifications.

                    (2)     The performance evaluation required by paragraph (1) of subsection C of 20.2.63.204 NMAC shall be repeated on an annual basis or after any major equipment malfunction which requires component replacement, or at additional times when the Department has reason to believe the monitor performance is inadequate.

                    (3)     The owner or operator shall provide at least thirty (30) days prior notice to the Department before conducting any performance evaluation.

                    (4)     A written report of each performance evaluation shall be furnished to the Department within thirty (30) days from the end of the test period.

[11/30/95; 20.2.63.204 NMAC - Rn, 20 NMAC 2.63.600 - 602 10/31/02]

 

20.2.63.205          EMISSION TESTING:

              A.           Emission Testing:

                    (1)     Within sixty (60) days of first achieving the maximum charging rate, but not more than one hundred eighty (180) days from the date of initial startup, the first annual performance test shall be conducted.

                    (2)     Units with charging capacity less than two hundred (200) pounds per hour:

                              (a)     The owner or operator of any biomedical waste combustion unit that has a charging capacity of less than two hundred (200) pounds per hour shall conduct an annual performance test to demonstrate compliance with the emission standards for particulate matter (PM), carbon monoxide (CO) and hydrogen chloride (HCl).

                              (b)     The initial performance test for combustion units subject to this paragraph shall include PCDD/PCDF and the following metals:

                                        (i)     arsenic and compounds (expressed as arsenic)

                                        (ii)     beryllium and compounds (expressed as beryllium)

                                        (iii)     cadmium and compounds (expressed as cadmium)

                                        (iv)     chromium and compounds (expressed as chromium)

                                        (v)     lead and compounds (expressed as lead)

                                        (vi)     mercury and compounds (expressed as mercury).

                              (c)     The required performance test for PCDD/PCDF and metals shall be conducted once, provided that PCDD/PCDF emission test results indicate compliance with the standard set forth in subsection A of 20.2.63.202 NMAC (i.e. the table in subsection A of 20.2.63.210 NMAC).

                    (3)     Units with charging capacity of two hundred (200) pounds per hour or greater:

                              (a)     The owner or operator of any biomedical waste combustion unit located at a facility with a total charging capacity of two hundred (200) pounds per hour or greater shall conduct a performance test to demonstrate compliance with the standards for particulate matter (PM), carbon monoxide (CO), hydrogen chloride (HC1), sulfur dioxide (SO2), nitrogen dioxide (NO2), total tetra-through octa-chlorinated dibenzo-para-dioxins and dibenzofurans (PCDD/PCDF), and the following metals:

                                        (i)     arsenic and compounds (expressed as arsenic)

                                        (ii)     beryllium and compounds (expressed as beryllium)

                                        (iii)     cadmium and compounds (expressed as cadmium)

                                        (iv)     chromium and compounds (expressed as chromium)

                                        (v)     lead and compounds (expressed as lead)

                                        (vi)     mercury and compounds (expressed as mercury).

                              (b)     The required test for metals may be met by surrogate testing for cadmium as stated in paragraph (3) of subsection B of 20.2.63.202 NMAC.

                              (c)     Source tests shall be conducted annually for the above specified pollutants.

                              (d)     The owner or operator may apply to the Department for a waiver of annual testing for a specific pollutant where performance testing has consistently shown emission rates for that pollutant which are less than those required in this Part, but in no case shall any required test be conducted less than once in every three years.

                    (4)     All performance testing shall be conducted at the design charging capacity using waste that is representative of normal operation while being operated by the facility operator.

                    (5)     The Department may require additional testing if there is a reasonable basis to believe the facility is not in compliance with provision of this Part or any applicable permit condition.

                    (6)     The Department or its representative may conduct unscheduled emission tests at any time during operating hours of the facility.

B.           Emission Testing Procedures:

                    (1)     Notice of the test date and a copy of the test protocol shall be submitted to the Department at least thirty (30) days prior to the actual test date.

                    (2)     A representative of the Department shall be given the opportunity to be present during all emission tests required by this Part.

                    (3)     A written copy of all test results shall be furnished to the Department within sixty (60) days from the test date.

                    (4)     Emission tests shall be conducted utilizing the following methods:

                              (a)     For total particulate matter -- 40 CFR Part 60, Appendix A, Methods 1-5;

                              (b)     For PCDD/PCDF 40 CFR Part 60, Appendix A, Method 23;

                              (c)     For cadmium, chromium, and lead 40 CFR Part 60, Appendix A, Methods 1-4 and 12;

                              (d)     For arsenic 40 CFR Part 61, Appendix B, Method 108;

                              (e)     For beryllium 40 CFR Part 61, Appendix B, Method 104;

                              (f)     For mercury 40 CFR Part 61, Appendix B, Method 101A;

                              (g)     For opacity 40 CFR Part 60, Appendix A, Method 9;

                              (h)     For hydrogen chloride 40 CFR Part 60, Appendix A, Method 26;

                              (i)     For cadmium (as surrogate), California Air Resources Board (CARB) ARB Method 424;

                              (j)     For carbon monoxide 40 CFR Part 60, Appendix A, Method 10;

                              (k)     For sulfur dioxide 40 CFR Part 60, Appendix A, Method 6; and

                              (l)     For nitrogen oxide 40 CFR Part 60, Appendix A, Method 7.

                    (5)     The owner or operator may use test methods other than those in paragraph (4) of subsection B of 20.2.63.205 NMAC if the Department has approved the alternate test method prior to the test date.  The Department shall rule on proposed alternate test method acceptability within thirty (30) days of receipt of proposal.

[11/30/95; 20.2.63.205 NMAC - Rn, 20 NMAC 2.63.700 - 701 10/31/02]

 

20.2.63.206          RECORDKEEPING AND REPORTING:

              A.           Quarterly Report:  The owner or operator shall submit a report containing the following information to the Department within thirty (30) days from the end of each calendar quarter:

                    (1)     The hourly average charging rate to each combustion unit;

                    (2)     The thirty (30) minute average temperature of the primary chamber, the secondary chamber, and the outlet from the final air pollution control device;

                    (3)     The hourly and four-hour average concentration in mg/dscm corrected to seven percent O2 of carbon monoxide (CO) as measured by continuous emission monitors;

                    (4)     The hourly average percent oxygen (O2) and six-minute average opacity as measured by continuous emission monitors;

                    (5)     The percent data capture for each twenty-four hour period for each continuous emission monitor;

                    (6)     The identification of all periods of startup, shutdown, and excess emissions; and

                    (7)     The reason for any excess emissions and the corrective action taken.

              B.           Records:

                    (1)     Records shall be maintained for a period of three years from the date created by the owner or operator for all parameters in subsection A of 20.2.63.206 NMAC and made available upon request for inspection and copying by the Department during operating hours.

                    (2)     All information submitted to the Department in quarterly reports or emission test reports, or any other information created or obtained by the Department regarding the biomedical waste combustion unit shall be available at the Department's central offices for public inspection and copying during business hours.  Section B of 20.2.63.210 NMAC summarizes reporting requirements and their respective due dates.

              C.          Upset Condition:

                    (1)     The provisions of 20.2.7 NMAC (Excess Emissions During Malfunction, Startup, Shutdown, or Scheduled Maintenance) shall not apply to any biomedical waste combustion unit.

                    (2)     Whenever the temperature requirements of 20.2.63.203 NMAC or any emission limit in subsection A of 20.2.63.202 NMAC for which compliance is based on continuous emissions monitoring is exceeded, the operator shall take the following actions:

                              (a)     Cut off waste charging to the combustion unit;

                              (b)     Notify the Department verbally of the exceedance within four hours of its occurrence or prior to twelve noon of the next business day should the exceedance occur during non-business hours;

                              (c)     Note in the operating record the time and date of the exceedance, when shutdown began, and when shutdown was complete;

                              (d)     Identify and correct the cause of the upset condition before resuming operation of the unit; and

                              (e)     Note in the operating record the corrective action taken and the time and date of startup.

[11/30/95; 20.2.63.206 NMAC - Rn, 20 NMAC 2.63.800 - 802 10/31/02]

 

20.2.63.207          MANAGEMENT OF ASH:

              A.           Handling, Storage, and Transportation:

                    (1)     All handling and storage of fly ash and bottom ash shall be conducted in a closed system which prevents ash from becoming airborne.

                    (2)     Transporters of Biomedical Waste Combustion Ash (BWC ash):

                              (a)     Shall not accept or transport BWC ash unless it has been treated or is securely covered to prevent release of fugitive dust;

                              (b)     Shall cover vehicles to prevent fugitive dust loss during transport; and

                              (c)     Shall line or seal vehicles in such a manner to prevent any leakage of liquids or fugitive dust during transport.

              B.           Opacity:  Handling, storage, and transportation of fly ash and bottom ash shall not result in a release to the atmosphere exceeding zero percent opacity.  Compliance with this requirement shall be determined by visual observation as specified in 40 CFR Part 60, Appendix A, Method 9.

              C.          Disposal:  Disposal of fly ash and bottom ash shall be in compliance with the applicable requirements of 20.9.1 NMAC (New Mexico Solid Waste Management Regulation).

[11/30/95; 20.2.63.207 NMAC - Rn, 20 NMAC 2.63.900 - 902 10/31/02]

 

20.2.63.208          OPERATOR TRAINING:

              A.           A trained combustion unit operator shall be present at the facility in which a combustion unit is located whenever waste is being combusted.  The facility employed operator will control the operation of the combustion unit during performance testing.

              B.           All combustion unit operators or their immediate supervisor on-site must have completed the following qualifying training.  Operator training shall include a program of study approved by the Department.  The owner or operator shall submit a proposed program of study to include the following:

                    (1)     Proper waste handling;

                    (2)     Identification of waste types acceptable for combustion;

                    (3)     Combustion unit design and waste combustion theory;

                    (4)     Proper combustion unit startup, operation, shutdown, and maintenance procedures;

                    (5)     Work safety procedures, including infectious disease control procedures for the facility;

                    (6)     Applicable air pollution, solid waste, and wastewater management regulations;

                    (7)     Air pollution control equipment operation and maintenance; and

                    (8)     A minimum of two (2) burn cycles of hands-on combustion unit operation under the supervision of another trained operator or the combustion unit manufacturer's representative.

              C.          Operator training shall include an annual review lasting at least eight hours.  The required review may contain but shall not be limited to reviews of operation and maintenance procedures, topic specific conferences, manufacturers updates, and regulatory updates.  The content of the annual review shall be approved by the Department.

              D.          Every operator shall have visible proof of completion of the required initial training and annual review posted or filed in the work area at the facility.

              E.           Upon completion of the development of a training course by the American Society of Mechanical Engineers (ASME) which is specific to biomedical waste combustion units, subsection B of 20.2.63.208 NMAC shall be superseded and the ASME training course shall be required.

[11/30/95; 20.2.63.208 NMAC - Rn, 20 NMAC 2.63.1000 10/31/02]

 

20.2.63.209          COMPLIANCE SCHEDULE FOR EXISTING BIOMEDICAL WASTE COMBUSTION UNITS:

              A.           Biomedical waste combustion units in existence before April 8, 1991 shall achieve compliance with the standards and requirements of this Part by April 8, 1992.  Each owner or operator of an existing biomedical waste combustion unit who intends to permanently cease operating the unit shall remove the unit from the facility by October 5, 1991.  The Department shall be notified of the intent to cease operating by July 7, 1991.  Each owner or operator of an existing biomedical waste combustion unit shall either demonstrate compliance with the requirements of this Part or submit a schedule of compliance to the Department by July 7, 1991.

              B.           Proposed schedules of compliance shall contain the following:

                    (1)     Owner or operator's name and address;

                    (2)     Date of submittal;

                    (3)     Description of facility;

                    (4)     Description of the property upon which the facility is located;

                    (5)     The following increments of progress;

                              (a)     A date or dates by which contracts for each major phase of construction or installation of emission control systems, or process modification, or orders for their component parts, will be awarded;

                              (b)     A date or dates of initiation of each major phase of on-site construction or installation of emission control equipment or process modification;

                              (c)     A date or dates by which each major phase of on-site construction or installation of emission control equipment or process modification is to be completed; and

                              (d)     Date or dates by which final compliance is to be achieved.

                    (6)     A detailed description of the methods or devices to be used to achieve compliance.

[11/30/95; 20.2.63.209 NMAC - Rn, 20 NMAC 2.63.1100 10/31/02]

 

20.2.63.210          BIOMEDICAL WASTE COMBUSTION TABLES:

              A.           Emission Limits:

 

Total Charging Capacity(1)

Pollutants

PM(2)

HCl

CO

NOx

SO2

PCDF

Metals(3)

<200 lb/hr

0.08 gr/dscf

<4 lb/hr or 99%

60 mg/dscm

 

 

500 ng/dscm

 

200 lb/hr

to 999 lb/hr

0.03 gr/dscf

40 mg/dscm

60 mg/dscm

235 mg/dscm

80 mg/dscm

5 ng/dscm

99% removal or Cd surrogate at 50 ug/kg of waste burned

>1000 lb/hr

0.015 gr/dscf

40 mg/dscm

60 mg/dscm

235 mg/dscm

80 mg/dscm

5 ng/dscm

99% removal or Cd surrogate at 50 ug/kg of waste burned

 

 

 

 

 

 

 

 

(1)  The emission limit for opacity is ten percent (10%) for all charging capacities.

(2)  The particulate matter emission limit is set at twelve percent (12%) CO2.  All other emission limits are set at seven percent (7%) O2.

(3)  The ninety-nine percent (99%) removal efficiency requirement applies to the following metals except for mercury which requires a ninety percent (90%) removal efficiency:  arsenic, beryllium, cadmium, chromium, and lead.

 

              B.           Summary Table of Reporting Requirements:

 

REPORT DESCRIPTION

REFERENCE

DATE DUE TO DEPARTMENT

Notice of CEM performance evaluation

paragraph (3) of subsection C of 20.2.63.204 NMAC

At least 30 days prior to performance evaluation

CEM Performance

paragraph (4) of subsection C of 20.2.63.204 NMAC

Within 30 days from the end of the test period

Notice of emission testing and test protocols

paragraph (1) of subsection B of 20.2.63.205 NMAC

At least 30 days prior to the actual test date

Copy of emission test results

paragraph (3) of subsection B of 20.2.63.205 NMAC

Within 60 days from test date

Quarterly report of CEM and temperature monitoring results

subsection A of 20.2.63.206 NMAC

Within 30 days of the end of each calendar quarter

Intent to cease unit operations

subsection A of 20.2.63.209 NMAC

Within 90 days of July 7, 1991 (1)

Schedule of compliance

subsection A of 20.2.63.209 NMAC

Within 90 days of July 7, 1991 (1)

 

 

 

(1)  Date applies to units in existence before April 8, 1991.

 

[11/30/95; 20.2.63.210 NMAC - Rn, 20 NMAC 2.63.1200 10/31/02]

 

HISTORY OF 20.2.63 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the commission of public records-state records center and archives:

EIB/AQCR 2020, Air Quality Control Regulation 2020 - Biomedical Waste Combustion, 03/08/91.

 

History of Repealed Material:  [RESERVED]

 

Other History:

EIB/AQCR 2020, Air Quality Control Regulation 2020 - Biomedical Waste Combustion, 03/08/91 was renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.63, Biomedical Waste Combustion, filed 10/30/95.

20 NMAC 2.63, Biomedical Waste Combustion, filed 10/30/95 was renumbered, reformatted and replaced by 20.2.63 NMAC, Biomedical Waste Combustion, effective 10/31/02.

 

 
Return to NMAC homepage
 

TITLE 20               ENVIRONMENTAL PROTECTION

CHAPTER 2         AIR QUALITY (STATEWIDE)

PART 62               MUNICIPAL WASTE COMBUSTION

 

 

20.2.62.1               ISSUING AGENCY: Environmental Improvement  Board.

[11/30/95; 20.2.62.1 NMAC - Rn, 20 NMAC 2.62.100 10/31/02]

 

20.2.62.2               SCOPE:  All geographic areas within the jurisdiction of the Environmental Improvement Board.

[11/30/95; 20.2.62.2 NMAC - Rn, 20 NMAC 2.62.101 10/31/02]

 

20.2.62.3               STATUTORY AUTHORITY:  Environmental Improvement Act, NMSA 1978, section 74-1-8(A)(4), and Air Quality Control Act, NMSA 1978, sections 74-2-1 et seq., including specifically, section 74-2-5(A), (B) and (C)(3).

[11/30/95; 20.2.62.3 NMAC - Rn, 20 NMAC 2.62.102 10/31/02]

 

20.2.62.4               DURATION:  Permanent.

[11/30/95; 20.2.62.4 NMAC - Rn, 20 NMAC 2.62.103 10/31/02]

 

20.2.62.5               EFFECTIVE DATE:  November 30, 1995.

[11/30/95; 20.2.62.5 NMAC - Rn, 20 NMAC 2.62.104 10/31/02]

[The latest effective date of any section in this Part is 10/31/02.]

 

20.2.62.6               OBJECTIVE:  The objective of this Part is to establish requirements for emissions from, and design and operation of, municipal waste combustion units.

[11/30/95; 20.2.62.6 NMAC - Rn, 20 NMAC 2.62.105 10/31/02]

 

20.2.62.7               DEFINITIONS:  In additions to the terms defined in 20.2.2 NMAC (Definitions), as used in this Part:

                A.            "Continuous emission monitor" means the total equipment required to sample and analyze emissions or process parameters.

                B.            "dscm" means dry standard cubic meter with standard conditions being a temperature of 68 degrees Fahrenheit and a pressure of 29.92 inches Hg.

                C.            "dscf" means dry standard cubic foot with standard conditions being a temperature of 68 degrees Fahrenheit and a pressure of 29.92 inches Hg.

                D.            "gr" means grains.

                E.             "mg" means milligrams.

                F.             "Municipal waste" means all materials and substances discarded from residential dwellings and similar types of materials discarded from institutional, commercial, governmental, and industrial sources.  The term does not include industrial process waste or hazardous wastes which are subject to regulation under Subtitle C of the Resource Conservation and Recovery Act, 42 USC 6901 et seq.

                G.            "Municipal waste combustion unit" means an incinerator, furnace, or boiler which is used to dispose of municipal waste by combustion either alone or with fossil fuel.

                H.            "ng" means nanograms.

                I.              "Opacity" means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background.

                J.             "Part" means an air quality control regulation under Title 20, Chapter 2 of the New Mexico Administrative Code, unless otherwise noted; as adopted or amended by the Board.

                K.            "PCDD/PCDF" means total tetra- through octa-chlorinated dibenzo-para-dioxins and dibenzofurans.

                L.            "Refuse-derived fuel" means municipal waste which has been processed and shredded prior to use as a fuel.

[11/30/95; 20.2.62.7 NMAC - Rn, 20 NMAC 2.62.107 10/31/02]

 

20.2.62.8               AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS:  This Part amends and supersedes Air Quality Control Regulation ("AQCR") 2000 -- Municipal Waste Combustion filed November 16, 1990.

                A.            All references to AQCR 2000 in any other rule shall be construed as a reference to this Part.

                B.            The amendment and supersession of AQCR 2000 shall not affect any administrative or judicial enforcement action pending on the effective date of such amendment nor the validity of any permit issued pursuant to AQCR 2000.

[11/30/95; 20.2.62.8 NMAC - Rn, 20 NMAC 2.62.106 10/31/02]

 

20.2.62.9               DOCUMENTS:  Documents cited in this Part may be viewed at the New Mexico Environment Department, Air Quality Bureau, Runnels Building, 1190 Saint Francis Drive, Santa Fe, NM  87505 [2048 Galisteo St., Santa Fe, NM 87505].

[11/30/95; 20.2.62.9 NMAC - Rn, 20 NMAC 2.62.108 10/31/02]

 

20.2.62.10 to 20.2.62.199  [RESERVED]

 

20.2.62.200          APPLICABILITY:

                A.            Affected Facility:  The requirements of this Part apply to the owner or operator of any municipal waste combustion unit.

                B.            New Source Performance Standards:  In addition to the requirements of this Part, any applicable federal regulation in 40 CFR Part 60 -- Standards of Performance for New Stationary Sources shall apply in full.  Whenever there is a conflict between this Part and a federal counterpart, the more stringent requirement shall apply.

[11/30/95; 20.2.62.200 NMAC - Rn, 20 NMAC 2.62.200 - 201 10/31/02]

 

20.2.62.201          EMISSION LIMITS:

                A.            Emission Limits:  The owner or operator shall not cause or allow any emission limit in Table 1 (20.2.62.213 NMAC) to be exceeded.

                B.            Compliance:

                    (1)     Compliance with emission limits for sulfur dioxide and nitrogen dioxide shall be determined by continuous emission monitor measurements as calculated in the form of 24-hour daily averages.

                    (2)     Compliance with the emission limit for carbon monoxide shall be determined by continuous emission monitor measurements as calculated in the form of 4-hour block averages.

                    (3)     Compliance with the emission limits for particulate matter, PCDD/PCDF, total hydrocarbon, hydrogen chloride and metals shall be determined by manual tests conducted in accordance with 20.2.62.204 NMAC.  For metals, the percent removal shall be calculated as the percent difference between the measured concentrations at the inlet and outlet of the air pollution control system.

                    (4)     Compliance with the opacity limit in Table 1 (20.2.62.213 NMAC) shall be determined by continuous emission monitor measurements and 40 CFR Part 60, Appendix A, Method 9 as calculated in the form of 6-minute averages.

[11/30/95; 20.2.62.201 NMAC - Rn, 20 NMAC 2.62.300 - 301 10/31/02]

 

20.2.62.202          DESIGN AND OPERATIONAL REQUIREMENTS:

                A.            Operational Temperature:

                    (1)     The combustion temperature as monitored at the location specified by subsection C of 20.2.62.203 NMAC shall be a minimum of 1800 degrees Fahrenheit for a 30-minute averaging period.

                    (2)     Flue gas temperature as monitored at the location specified by subsection C of 20.2.62.203 NMAC shall be a maximum of 300 degrees Fahrenheit for a 30-minute averaging period.

                B.            Residence Time:  All combustion gases shall be retained for at least 1.0 second at the required combustion temperature of subsection A or C of 20.2.62.202 NMAC at a location beyond the final secondary air injection port, or an alternative location specified by the Department if such location better represents the fully mixed height of the incinerator.

                C.            Equivalent Design:  The Department may approve a combustion unit design which does not have a minimum temperature of 1800 degrees Fahrenheit and a residence time of at least 1.0 second if it determines the proposed design will achieve a combustion efficiency equivalent to or greater than a unit meeting the requirements of paragraph (1) of subsection A of 20.2.62.202 NMAC and subsection B of 20.2.62.202 NMAC.

                D.            Auxiliary Burner Capacity:

                    (1)     Auxiliary burners shall be installed which can supply at least 60 percent of the maximum rated heat capacity of the combustion unit.

                    (2)     Auxiliary burners shall be capable of meeting the required combustion temperature of subsection A or C of 20.2.62.202 NMAC during periods of startup, shutdown, and malfunction.

                E.             Turndown Restriction:  Municipal waste shall not be burned in an amount outside the range of 80 to 100 percent of the hourly design-rated capacity of the combustion unit.

                F.             Automatic Waste Feed Cutoff:  The municipal waste combustion unit shall include automatic waste feed cutoff mechanisms which stop waste feed to the unit if a continuous emission monitor records an exceedance of any emission limit in Table 1 (20.2.62.213 NMAC) for which compliance is based on continuous monitoring or the temperature requirements of subsection A or C of 20.2.62.202 NMAC.

[11/30/95; 20.2.62.202 NMAC - Rn, 20 NMAC 2.62.400 - 405 10/31/02]

 

20.2.62.203          MONITORING:

                A.            Emission Monitoring:

                    (1)     Continuous emission monitors shall be installed, calibrated, maintained, operated, and continuously record data for the following:

                              (a)     oxygen;

                              (b)     carbon monoxide;

                              (c)     sulfur dioxide;

                              (d)     nitrogen dioxide; and

                              (e)     opacity.

                    (2)     At least 45 days prior to initial startup, the owner or operator shall submit a report to the Department which describes for each monitor the location, specifications, procedures for calibration, operation, maintenance, data evaluation, and reporting.  Monitoring equipment shall not be installed until the Department approves the report.  The Department shall, within 45 days of receipt, approve or disapprove the subject report.

                    (3)     The continuous emission monitors which measure oxygen, carbon monoxide, sulfur dioxide, and nitrogen dioxide shall complete a minimum of 1 cycle of operation for each successive 15-minute period.  One-hour averages shall be calculated from 4 or more data points equally spaced over each 1-hour period.

                    (4)     The continuous emission monitor which measures opacity shall complete a minimum of 1 cycle of operation for each successive 10 second period.  Six-minute averages shall be calculated from 36 or more data points equally spaced over each 6-minute period.

                    (5)     Data recorded during periods of continuous emission monitor breakdown, repairs, calibration checks, and zero and span adjustments shall not be included in calculated data averages.

                    (6)     Emission data shall be obtained from each continuous emission monitor which represents a minimum of 75 percent of all operational hours for each 24-hour period beginning at 12 midnight.  During periods of continuous emission monitor breakdowns, repairs, calibration checks, and zero and span adjustments, emission data may be obtained by other monitoring systems or reference methods approved by the Department.  Such other monitoring systems or reference methods must comply, at a minimum, with performance specifications as found in 40 CFR Part 60, Appendix B.  Failure to meet the 75 percent data capture requirement of this section shall cause the combustion unit to be shutdown as required by subsection C of 20.2.62.206 NMAC.

                    (7)     The owner or operator shall ensure each continuous emission monitor meets the requirements of 40 CFR Part 60, Appendix F -- Quality Assurance Procedures and shall submit to the Department all reports specified by such requirements.

                B.            Performance Evaluation:

                    (1)     During or within 30 days of the initial emission tests required by paragraph (2) of subsection A of 20.2.62.204 NMAC, the owner or operator shall conduct a performance evaluation of each continuous emission monitor in accordance with the procedures of 40 CFR Part 60, Appendix B -- Performance Specifications.

                    (2)     The performance evaluation required by paragraph (1) of subsection B of 20.2.62.203 NMAC shall be repeated on an annual basis or at additional times when the Department has reason to believe the monitor performance is inadequate.

                    (3)     The owner or operator shall provide at least 30 days prior notice to the Department before conducting any performance evaluation.

                    (4)     A written report of each performance evaluation shall be furnished within 30 days from the end of the test period to the Department.

                C.            Temperature monitors:

                    (1)     Continuous temperature monitors shall be installed, calibrated, maintained, operated, and continuously record measurements at the following locations:

                              (a)     within 1 meter of the final secondary air injection port or at a different location specified by the Department which better represents the fully mixed height of the combustion chamber; and

                              (b)     at the inlet to the particulate matter air pollution control device.

                    (2)     Temperature monitors shall take measurements at least every ten seconds from which 30-minute averages shall be calculated.

[11/30/95; 20.2.62.203 NMAC - Rn, 20 NMAC 2.62.500 - 502 10/31/02]

 

20.2.62.204          EMISSION TESTING:

                A.            Emission Testing Schedule:

                    (1)     Emission testing shall be conducted quarterly for total particulate matter, fine particulate matter, total hydrocarbon, PCDD/PCDF, hydrogen chloride and all metals listed in Table 1 (20.2.62.213 NMAC).

                    (2)     Within 60 days of first achieving the maximum firing rate for the combustion unit, but not more than 180 days from the date of initial startup, the first quarterly emission tests shall be conducted.

                    (3)     The Department shall require the owner or operator to conduct additional tests if there is a reasonable basis to believe the facility is not in compliance with the provisions of this Part or any applicable permit condition.

                    (4)     The Department or its representative may conduct unscheduled emission tests at any time during operating hours of the facility.

                B.            Emission Testing Procedures:

                    (1)     Notice of the test date and a copy of the test protocol shall be given to the Department at least 30 days prior to the actual test date.

                    (2)     A representative of the Department shall be given the opportunity to be present during all emission tests required by this Part.

                    (3)     A written copy of all test results shall be furnished to the Department within 90 days from the test date.

                    (4)     Emission tests shall be conducted utilizing the following methods:

                              (a)     for total particulate matter -- 40 CFR Part 60, Appendix A, Method 5;

                              (b)     for fine particulate matter -- California Air Resources Board, Method 501;

                              (c)     for PCDD/PCDF -- 40 CFR Part 60, Appendix A, Method 23;

                              (d)     for total hydrocarbon -- 40 CFR Part 60, Appendix A, Method 25A;

                              (e)     for cadmium, chromium, and lead -- 40 CFR Part 60, Appendix A, Method 12;

                              (f)     for arsenic -- 40 CFR Part 61, Appendix B, Method 108;

                              (g)     for beryllium -- 40 CFR Part 61, Appendix B, Method 104;

                              (h)     for mercury -- 40 CFR Part 61, Appendix B, Method 101A; and

                              (i)     for hydrogen chloride -- 40 CFR Part 60, Appendix A, Method 26.

                    (5)     The owner or operator may utilize test methods other than those in paragraph (4) of subsection B of 20.2.62.204 NMAC if the Department has approved the alternative method.  The Department shall approve or disapprove proposed alternate test methods within 30 days of receipt of subject request.

[11/30/95; 20.2.62.204 NMAC - Rn, 20 NMAC 2.62.600 - 601 10/31/02]

 

20.2.62.205          RECORDKEEPING AND REPORTING:

                A.            Quarterly Report:  The owner or operator shall submit a report containing the following information to the Department within 30 days from the end of each calendar quarter:

                    (1)     the hourly average waste feed rate to each combustion unit;

                    (2)     the 30-minute average temperature of the combustion unit and the inlet to the particulate matter control device;

                    (3)     the hourly and 24-hour average concentrations in mg/dscm corrected to 7% O2 of sulfur dioxide and nitrogen dioxide as measured by continuous emission monitors;

                    (4)     the hourly and 4-hour average concentrations in mg/dscm corrected to 7% O2 of carbon monoxide as measured by continuous emission monitors;

                    (5)     the hourly average percent oxygen and 6-minute average opacity as measured by continuous emission monitors;

                    (6)     the percent data capture for each 24-hour period for each continuous emission monitor;

                    (7)     the hourly auxiliary fuel use per combustion unit;

                    (8)     the identification of all periods of startup, shutdown, and excess emissions; and

                    (9)     the reason for any excess emissions and the corrective action taken.

                B.            Records:

                    (1)     Records shall be maintained for a period of three years from the date created by the owner or operator for all parameters in subsection A of 20.2.62.205 NMAC and made available upon request for inspection and copying by the Department during normal operating hours.

                    (2)     All information submitted to the Department in quarterly reports or emission test reports, or any other information created or obtained by the Department regarding the municipal waste combustion unit shall be available for public inspection and copying during normal business hours.

[11/30/95; 20.2.62.205 NMAC - Rn, 20 NMAC 2.62.700 - 701 10/31/02]

 

20.2.62.206          STARTUP, SHUTDOWN, AND UPSET CONDITION:

                A.            Startup and Shutdown Procedure:

                    (1)     Waste shall not be placed into the combustion unit during startup until the auxiliary burners have achieved the required combustion temperature of subsection A or C of 20.2.62.202 NMAC.

                    (2)     During shutdown, auxiliary burners shall be utilized to maintain the required combustion temperature of subsection A or C of 20.2.62.202 NMAC until the carbon monoxide emission limit specified in 20.2.62.201 NMAC can be achieved without their use.

                B.            Upset Condition:

                    (1)     The provisions of 20.2.7 NMAC (Excess Emissions During Malfunction, Startup, Shutdown, or Scheduled Maintenance) shall not apply to any municipal waste combustion unit.

                    (2)     Prior to the failure of the system to meet the temperature requirements of subsection A or C of 20.2.62.202 NMAC or any emission limit in 20.2.62.201 NMAC for which compliance is based on continuous emission monitoring, a visual and audible alarm shall notify the operator.  The operator shall implement all reasonable measures to correct the impending upset condition.

                    (3)     Whenever the temperature requirements of subsection A or C of 20.2.62.202 NMAC or any emission limit in 20.2.62.201 NMAC for which compliance is based on continuous emission monitoring is exceeded, the operator shall take the following actions:

                              (a)     waste feed to the combustion unit shall automatically cut off and the unit be shutdown;

                              (b)     notify the Department verbally of the exceedance within 4 hours of its occurrence or prior to 12 noon of the next business day should the exceedance occur during non-business hours;

                              (c)     note in the operating record the time and date of the exceedance, when shutdown began, and when shutdown was complete;

                              (d)     identify and correct the cause of the upset condition before resuming operation of the unit; and

                              (e)      note in the operating record the corrective action taken and the time and date of startup.

                C.            Continuous Emission Monitor Malfunction:  Whenever any required continuous emission monitor cannot meet the data capture requirement of paragraph (6) of subsection A of 20.2.62.203 NMAC, and the owner or operator does not obtain the required data from an alternate monitor or test method, the combustion unit shall be shutdown for the time necessary to comply with paragraph (6) of subsection A of 20.2.62.203 NMAC.

                D.            Disaster Plan for Catastrophic Failure:  No permit shall be approved for the operation of a municipal waste incinerator until the Department has approved a plan prepared by the applicant for prevention of harm to the surrounding population and environment in the event of a catastrophic failure at the incinerator.  The plan shall include, but not be limited to, measures for protecting that population from releases into the environment of significant emissions from the incinerator.

[11/30/95; 20.2.62.206 NMAC - Rn, 20 NMAC 2.62.800 - 803 10/31/02]

 

20.2.62.207          MANAGEMENT OF ASH:

                A.            Handling, Storage, and Transportation of Ash:

                    (1)     All handling and storage of fly ash and bottom ash shall be conducted in a closed system which prevents ash from becoming airborne.

                    (2)     Transportation of fly ash and bottom ash offsite shall be conducted in a manner which prevents the release of any amount of ash to the atmosphere.

                B.            Opacity of Ash Emissions:  Handling, storage, and transportation of fly ash and bottom ash shall not result in a release to the atmosphere exceeding 0 (zero) percent opacity.  Compliance with this requirement shall be determined by visual observation as specified in 40 CFR Part 60, Appendix A, Method 9.

                C.            Disposal of Ash:

                    (1)     Disposal of fly ash and bottom ash shall be in compliance with the applicable requirements of New Mexico Solid Waste Management Regulations (20.9.1 NMAC).

                    (2)     Transportation of Municipal Waste Combustion (MWC) ash:

                              (a)     No transporter shall accept or transport MWC ash unless it has been treated or is securely covered to prevent release of fugitive dust;

                              (b)     Transporters shall cover vehicles to prevent fugitive dust loss during transport; and

                              (c)     Transporters shall line or seal vehicles in such a manner to prevent any leakage of liquids or fugitive dust during transport.

                    (3)     MWC ash that is temporarily stored at generation site awaiting transportation must be stored in such a manner as to prevent fugitive dust emissions.

[11/30/95; 20.2.62.207 NMAC - Rn, 20 NMAC 2.62.900 - 902 10/31/02]

 

20.2.62.208          TRAINING:

                A.            Training Requirements:

                    (1)     During all operating hours plant operations shall be supervised by an individual who has received certification by the American Society of Mechanical Engineers as an operator of a resource recovery facility.

                    (2)     All plant personnel shall receive adequate training specific to their job function prior to assuming a starting or new position which shall include instruction in:

                              (a)     operation and maintenance of equipment;

                              (b)     response to upset conditions; and

                              (c)     compliance with applicable environmental regulations and permit conditions.

                B.            Recordkeeping of Training:  The following records shall be maintained and made available to the Department during normal operating hours:

                    (1)     documentation of certification of operators as required by paragraph (1) of subsection A of 20.2.62.208 NMAC;

                    (2)     a written description of the training program given to plant personnel; and

                    (3)     a list of current employees and their job titles.

[11/30/95; 20.2.62.208 NMAC - Rn, 20 NMAC 2.62.1000 - 1001 10/31/02]

 

20.2.62.209          Materials Separation:

                A.            Materials Separation - Percent Reduction /requirement:

                    (1)     The owner or operator shall separate materials from municipal waste prior to combustion such that an overall 25 percent or greater reduction by weight on annual basis is achieved.

                    (2)     The percent reduction requirement in this section shall be met by separation of some or all of the following materials:

                              (a)     Paper and paperboards;

                              (b)     Ferrous metals;

                              (c)     Nonferrous metals;

                              (d)     Glass;

                              (e)     Plastics;

                              (f)     Household batteries; and

                              (g)     Yard waste.

                    (3)     A maximum of 10 percent reduction by weight shall be attributed to separation of yard waste.

                    (4)     The percent reduction requirement may be achieved by mechanical or manual separation techniques either on or off-site and can include a community separation program.

                B.            Materials Separation - Compliance:

                    (1)     The owner or operator shall record on a monthly basis the amount by weight of municipal waste combusted and the amount of separated materials by type and weight.

                    (2)     The owner or operator shall calculate and record the percent reduction in municipal waste combusted by material separation for each month.

                    (3)     Compliance with the annual percent reduction requirement in paragraph (1) of subsection A of 20.2.62.209 NMAC shall be determined by calculating the average of the monthly percent reduction amounts for the calendar year.

                    (4)     By February 1 of each year, the owner or operator shall submit a report to the Department containing the monthly and annual average percent reduction calculations and results.

[11/30/95; 20.2.62.209 NMAC - Rn, 20 NMAC 2.62.1100 - 1101 10/31/02]

 

20.2.62.210          RISK ASSESSMENT:

                A.            Assessment of Risk:  Each application for a permit to operate a municipal waste incinerator shall contain a formal assessment of risk to the population and the environment which may be affected by the incinerator.  The factors which shall be addressed in the assessment shall include but not be limited to the quantity, volume, potency, toxicity, and hazardous nature of all substances emitted from the incinerator, the exposure pathways of those substances, potential receptors, including human populations, flora, and fauna, the proximity of the proposed incinerator to all human habitations, including but not limited to residences, hospitals, schools, day care centers, and work sites, and any other factors which may contribute to or determine the risks posed by the proposed incinerator.

                B.            Risk Assessment Evaluation:  The assessment of risk prepared by the applicant shall be considered by the Department in its decision on the application, and shall be addressed in any written determination made by the Department.

[11/30/95; 20.2.62.210 NMAC - Rn, 20 NMAC 2.62.1200 - 1201 10/31/02]

 

20.2.62.211          Location of Public Hearings:  Public hearings conducted subsequent to a permit application for construction of a municipal waste combustor shall be held in the geographic area most likely to be impacted by the source.

[11/30/95; 20.2.62.211 NMAC - Rn, 20 NMAC 2.62.1300 10/31/02]

 

20.2.62.212          Off-Site Monitoring Requirements:  The owner or operator shall monitor at the facility boundary, where the population is, and one or more miles beyond the facility in all directions, in order to determine the concentrations of materials being emitted from the incinerator at the points of exposure to the population.  Meteorological data shall be monitored at the stack and in all four directions in order to provide a better basis for surface monitoring.

[11/30/95; 20.2.62.212 NMAC - Rn, 20 NMAC 2.62.1400 10/31/02]

 

20.2.62.213          MUNICIPAL WASTE COMBUSTION EMISSION LIMITS:  TABLE 1.

 

 

Pollutant

Emission Limit (1)

 

Particulate Matter

 

 

 

Total

0.01 gr/dscf

 

 

Fine (less than 2 microns)

0.008 gr/dscf

 

Sulfur Dioxide

80 mg/dscm

 

Hydrogen Chloride

40 mg/dscm

 

Carbon Monoxide

 

 

 

Refuse-Derived Fuel

120 mg/dscm

 

 

All other designs

60 mg/dscm

 

Nitrogen Dioxide

100 ppmv

 

PCDD/PCDF

5 ng/dscm

 

Total Hydrocarbon (as CH4)

45 mg/dscm

 

Metals

 

 

 

Arsenic

99% Removal

 

 

Beryllium

99% Removal

 

 

Cadmium

99% Removal

 

 

Chromium

99% Removal

 

 

Lead

99% Removal

 

 

Mercury

90% Removal

 

Opacity

10%

 

 

 

 

 

(1) The particulate matter emission limit is set at a condition of 12% CO2.  All other emission limits are set at 7% O2.

 

[11/30/95; 20.2.62.213 NMAC - Rn, 20 NMAC 2.62.1500 10/31/02]

 

HISTORY OF 20.2.62 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the commission of public records-state records center and archives:

EIB/AQCR 2000, Air Quality Control Regulation 2000 - Municipal Waste Combustion, 11/16/90.

 

History of Repealed Material:  [RESERVED]

 

Other History:

EIB/AQCR 2000, Air Quality Control Regulation 2000 - Municipal Waste Combustion, filed 11/16/90 was renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.62, Municipal Waste Combustion, filed 10/30/95.

20 NMAC 2.62, Municipal Waste Combustion, filed 10/30/95 was renumbered, reformatted and replaced by 20.2.62 NMAC, Municipal Waste Combustion, effective 10/31/02.

 

 
Return to NMAC homepage
 

TITLE 20               ENVIRONMENTAL PROTECTION

CHAPTER 2         AIR QUALITY (STATEWIDE)

PART 61               SMOKE AND VISIBLE EMISSIONS

 

 

20.2.61.1               ISSUING AGENCY:  Environmental Improvement Board.

[11/30/95; 20.2.61.1 NMAC - Rn, 20 NMAC 2.61.100 10/31/02]

 

20.2.61.2               SCOPE:  All geographic areas within the jurisdiction of the Environmental Improvement Board.

[11/30/95; 20.2.61.2 NMAC - Rn, 20 NMAC 2.61.101 10/31/02]

 

20.2.61.3               STATUTORY AUTHORITY:  Environmental Improvement Act, NMSA 1978, section 74-1-8(A)(4) and (7), and Air Quality Control Act, NMSA 1978, sections 74-2-1 et seq., including specifically, section 74-2-5(A), (B), and (C).

[11/30/95; 20.2.61.3 NMAC - Rn, 20 NMAC 2.61.102 10/31/02]

 

20.2.61.4               DURATION:  Permanent.

[11/30/95; 20.2.61.4 NMAC - Rn, 20 NMAC 2.61.103 10/31/02]

 

20.2.61.5               EFFECTIVE DATE:  November 30, 1995.

[11/30/95; 20.2.61.5 NMAC - Rn, 20 NMAC 2.61.104 10/31/02]

[The latest effective date of any section in this Part is 10/31/02.]

 

20.2.61.6               OBJECTIVE:  The objective of this Part is to establish controls on smoke and visible emissions from certain sources.  This Part is not intended to preempt any more stringent controls on smoke and visible emissions provided in any other air quality control regulation or in any local ordinance or regulation.

[11/30/95; 20.2.61.6 NMAC - Rn, 20 NMAC 2.61.105 10/31/02]

 

20.2.61.7               DEFINITIONS:  In addition to the terms defined in 20.2.2 NMAC (Definitions), as used in this Part:

                A.            "Air curtain destructor" means a combustion device or system designed to achieve controlled combustion of woodwaste and slash materials in an earthen trench or refractory-lined pit or bin through means of a fan-generated air curtain.

                B.            "Opacity" means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background.

                C.            "Part" means an air quality control regulation under Title 20, Chapter 2 of the New Mexico Administrative Code, unless otherwise noted; as adopted or amended by the Board.

                D.            "Stationary combustion equipment" means any stationary device or system used to oxidize solid, liquid, or gaseous materials, including fuels or wastes, and includes but is not limited to incinerators, wood-fired boilers, air curtain destructors, and stationary oil burning equipment.

                E.             "Visible emissions" means particulate or gaseous matter which can be detected by the human eye.

[11/30/95; 20.2.61.7 NMAC - Rn, 20 NMAC 2.61.107 10/31/02]

 

20.2.61.8               AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS:  This Part amends and supersedes Air Quality Control Regulation ("AQCR") 401 -- Regulation to Control Smoke and Visible Emissions last filed July 15, 1986.

                A.            All references to AQCR 401 in any other rule shall be construed as a reference to this Part.

                B.            The amendment and supersession of AQCR 401 shall not affect any administrative or judicial enforcement action pending on the effective date of such amendment nor the validity of any permit issued pursuant to AQCR 401.

[11/30/95; 20.2.61.8 NMAC - Rn, 20 NMAC 2.61.106 10/31/02]

 

20.2.61.9               DOCUMENTS:  Documents cited in this Part may be viewed at the New Mexico Environment Department, Air Quality Bureau, Runnels Building, 1190 Saint Francis Drive, Santa Fe, NM  87505 [2048 Galisteo St., Santa Fe, NM 87505].

[11/30/95; 20.2.61.9 NMAC - Rn, 20 NMAC 2.61.108 10/31/02]

 

20.2.61.10 to 20.2.61.108  [RESERVED]

 

20.2.61.109          STATIONARY COMBUSTION EQUIPMENT:  The owner or operator of stationary combustion equipment shall not permit, cause, suffer or allow visible emissions from the stationary combustion equipment to equal or exceed an opacity of 20 percent; provided, however, stationary combustion equipment which is regulated by Parts 20.2.10 NMAC through 20.2.18 NMAC, 20.2.37 NMAC, and 20.2.42 NMAC, and any other Part of Chapter 2 which specifically limits particulate emissions is exempted from this Part.

[11/30/95; 20.2.61.109 NMAC - Rn, 20 NMAC 2.61.109 10/31/02]

 

20.2.61.110          DIESEL-POWERED VEHICLE:

                A.            No person shall permit, cause, suffer or allow the emission into the open air of any smoke having an opacity greater than thirty percent for any period greater than ten seconds from any diesel-powered vehicle operating below 8,000 feet (mean sea level).

                B.            No person shall permit, cause, suffer or allow the emission into the open air of any smoke having an opacity greater than forty percent for any period greater than ten seconds from any diesel-powered vehicle operating above 8,000 feet (mean sea level).

[11/30/95; 20.2.61.110 NMAC - Rn, 20 NMAC 2.61.110 10/31/02]

 

20.2.61.111          EXCLUSIONS:  This Part does not apply to:

                A.            emissions from diesel-powered vehicles if the emissions are a direct result of a cold engine start-up;

                B.            off-highway, diesel-powered vehicles operating in non-urban areas; and

                C.            oil well drilling rigs and oil well servicing rigs.

                D.            for sources subject to the provisions of 20.2.70 NMAC (Operating Permits), emissions which result from insignificant activities as defined in 20.2.70 NMAC.

[11/30/95; 01/10/96; 20.2.61.111 NMAC - Rn, 20 NMAC 2.61.111 10/31/02]

 

20.2.61.112          DIESEL-POWERED LOCOMOTIVES:

                A.            No person shall permit, cause, suffer or allow the emissions into the open air of any smoke having an opacity greater than twenty percent for any period greater than ten seconds from any diesel-powered locomotive operating below 8,000 feet (mean sea level).

                B.            No person shall permit, cause, suffer or allow the emission into the open air of any smoke having an opacity greater than forty percent for any period greater than ten seconds from any diesel-powered locomotive:

                    (1)     operating above 8,000 feet (mean sea level); or

                    (2)     involved in switching and railroad yard use.

                C.            This Part does not apply to emissions for diesel-powered locomotives if the emissions are a direct result of a cold engine start-up.

11/30/95; 20.2.61.112 NMAC - Rn, 20 NMAC 2.61.112 10/31/02]

 

20.2.61.113          AIR CURTAIN DESTRUCTORS:  An exemption to this Part may be granted by the Department for start-up and burn-down periods of operation of air curtain destructors, if the owner or operator has demonstrated to the satisfaction of the Department that such an exemption is necessary and takes all actions necessary to minimize emissions during such periods.

11/30/95; 20.2.61.113 NMAC - Rn, 20 NMAC 2.61.113 10/31/02]

 

20.2.61.114          OPACITY DETERMINATIONS:  Opacity of emissions from equipment subject to 20.2.61.109 NMAC shall be determined consistent with the method set forth by the US EPA in 40 CFR, Part 60 Appendix A, Method 9, or any other method receiving prior approval from the Department.  The minimum time period for taking opacity readings shall be ten minutes.

11/30/95; 20.2.61.114 NMAC - Rn, 20 NMAC 2.61.114 10/31/02]

 

HISTORY OF 20.2.61 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the commission of public records-state records center and archives:

HSSD 70-1, Ambient Air Quality Standards And Air Quality Control Regulations, 01/27/70;

EIB/AQCR 401, Air Quality Control Regulation 401 - Regulation To Control Smoke And Visible Emissions, 07/15/86.

 

History of Repealed Material:  [RESERVED]

 

Other History:

EIB/AQCR 401, Air Quality Control Regulation 401 - Regulation To Control Smoke And Visible Emissions, filed 07/15/86 was renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.61, Smoke And Visible Emissions, filed 10/30/95.

20 NMAC 2.61, Smoke And Visible Emissions, filed 10/30/95 was renumbered, reformatted and replaced by 20.2.61 NMAC, Smoke And Visible Emissions, effective 10/31/02.

 

 
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TITLE 20               ENVIRONMENTAL PROTECTION

CHAPTER 2         AIR QUALITY (STATEWIDE)

PART 60               OPEN BURNING

 

 

20.2.60.1               ISSUING AGENCY:  Environmental Improvement Board.

[20.2.60.1 NMAC - Rp 20.2.60.1 NMAC, 12/31/03]

 

20.2.60.2               SCOPE:  All geographic areas within the jurisdiction of the environmental improvement board.

[20.2.60.2 NMAC - Rp 20.2.60.2 NMAC, 12/31/03]

 

20.2.60.3               STATUTORY AUTHORITY:  Environmental Improvement Act, NMSA 1978, Sections 74-1-1 to -15, including specifically Subsections 74-1-8(A) (4) and (7), and Air Quality Control Act, NMSA 1978, Sections 74-2-1 to -22, including specifically Subsections 74-2-5(A), (B) and (C).

[20.2.60.3 NMAC - Rp 20.2.60.3 NMAC, 12/31/03]

 

20.2.60.4               DURATION:  Permanent.

[20.2.60.4 NMAC - Rp 20.2.60.4 NMAC, 12/31/03]

 

20.2.60.5               EFFECTIVE DATE:  December 31, 2003, except where a later date is cited at the end of a section.

[20.2.60.5 NMAC - Rp 20.2.60.5 NMAC, 12/31/03]

[The latest effective date of any section in this part is December 31, 2003.]

 

20.2.60.6               OBJECTIVE:  The objective of this part is to protect public health and welfare by establishing controls on pollution produced by open burning.  This part does not preempt any more stringent controls on open burning provided in:

                A.            any other New Mexico statute or regulation, or any local law, ordinance or regulation; or

                B.            any lawfully issued restriction on open burning, including those that may be issued for prevention of wildfires.

[20.2.60.6 NMAC - Rp 20.2.60.6 NMAC, 12/31/03]

 

20.2.60.7               DEFINITIONS:  In addition to the terms defined in 20.2.2 NMAC (Definitions), as used in this part:

                A.            "air pollution episode" means an air pollution alert, warning, or emergency issued by the department pursuant to the air pollution episode contingency plan for New Mexico, as included in New Mexico's state implementation plan as adopted by the environmental improvement board, and Section 74-2-10 NMSA 1978;

                B.            "household waste" means any waste including garbage and trash, derived from households including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day use recreation areas;

                C.            "nonattainment area" means an area which has been designated under Section 107 of the federal Clean Air Act as nonattainment for one or more of the national ambient air quality standards by the federal environmental protection agency;

                D.            "open burning" means any manner of burning, whether caused, suffered or allowed, not in a device or chamber designed to achieve combustion, where the products of combustion are emitted, directly or indirectly, into the open air; open burning does not include detonation of manufactured explosives;

                E.             "part" means an air quality control regulation under Title 20, Chapter 2, of the New Mexico administrative code, unless otherwise noted, as adopted or amended by the board;

                F.             "pile volume" means the gross volume of a pile, including the air space between solid constituents, as calculated from the overall dimensions and shape of the pile;

                G.            "salvage operation" means any operation to salvage or reclaim any material for use or sale, such as reprocessing of used motor oils, metals, wire, chemicals, shipping containers, or drums, and specifically including automobile graveyards and junkyards; and

                H.            "vegetative material" means plant material, including:

                    (1)     grass, grass clippings, leaves, conifer needles, bushes, shrubs, trees, and clippings from bushes, shrubs and trees, resulting from maintenance of yards or other private or public lands; and

                    (2)     wood waste, clean lumber, wood and wood products, including tree stumps (whole or chipped), trees, tree limbs (whole or chipped), bark, sawdust, chips, scraps, slabs, millings, and shavings, which have not been painted, pigment-stained, or treated with compounds containing chromium, copper, arsenic, pentachlorophenol, or creosote.

[20.2.60.7 NMAC - Rp 20.2.60.7 NMAC, 12/31/03]

 

20.2.60.8 to 20.2.60.107    [RESERVED]

 

20.2.60.108          RESTRICTIONS ON OPEN BURNING:  Any open burning not expressly allowed, not expressly prohibited, or not otherwise specifically addressed under this part or 20.2.65 NMAC (Smoke Management) shall be conducted only pursuant to 20.2.72 NMAC, upon issuance of a construction permit under 20.2.72 NMAC, regardless of the applicability requirements contained in 20.2.72 NMAC.   Open burning as allowed or prohibited in this part is not considered a stationary source as defined in other parts of Title 20, Chapter 2, NMAC.

[20.2.60.108 NMAC - Rp 20.2.60.108 NMAC, 12/31/03]

 

20.2.60.109          UNRESTRICTED OPEN BURNING:

                A.            Open burning is allowed for recreational and ceremonial purposes, for barbecuing, for heating purposes in fireplaces, for the noncommercial cooking of food for human consumption and for warming by small wood fires at construction sites.  This subsection does not apply to open burning for the purpose of waste disposal.

                B.            Open burning of natural gas is allowed at gasoline plant and compressor stations and when used or produced in drilling, completion and workover operations on oil and gas wells, when necessary to avoid serious hazard to safety.

[20.2.60.109 NMAC - Rp 20.2.60.109 NMAC, 12/31/03]

 

20.2.60.110          OPEN BURNING OF HOUSEHOLD WASTE:

                A.            Applicability:

                    (1)     This section (20.2.60.110 NMAC)applies to open burning of household waste, except for household waste that consists solely of vegetative material as defined in 20.2.60.7 NMAC.

                    (2)     This section (20.2.60.110 NMAC) does not apply to any kind of salvage operation. Open burning as part of a salvage operation is prohibited.

                B.            Effective June 1, 2004, open burning of household waste, other than vegetative material as defined in 20.2.60.7 NMAC, is prohibited.

                C.            Prior to June 1, 2004, open burning of household waste is allowed where all of the following conditions are met:

                    (1)     household waste shall not be burned on property other than that property where it was generated;

                    (2)      household waste shall not be burned on property which is served by any on-premises or curbside refuse collection service operated or contracted by a regional waste authority, county, or incorporated city, town, or village;

                    (3)     household waste shall not be burned on any property less than ten miles by road from a convenience center, transfer station, or other receptacle made available for public use by a regional waste authority, county, or incorporated city, town, or village for the deposition and collection of refuse;

                    (4)     household waste shall not be burned at any location nearer than three hundred feet from any occupied dwelling, workplace, or place where people congregate, on property owned by, or under possessory control of, another person;

                    (5)     burning of the following materials is prohibited:

                              (a)     natural or synthetic rubber products, including tires;

                              (b)     waste oil or used oil filters;

                              (c)     insulated wire;

                              (d)     plastic, including polyvinyl chloride ("PVC") pipe, tubing, and connectors;

                              (e)     tar, asphalt, asphalt shingles, or tar paper;

                              (f)     railroad ties;

                              (g)     wood, wood waste, or lumber which has been painted or which has been treated with preservatives containing arsenic, chromium, pentachlorophenol, or creosote;

                              (h)     batteries;

                              (i)     motor vehicle bodies or interiors;

                              (j)     pathogenic wastes; and

                              (k)     asbestos or asbestos containing materials;

                D.            Auxiliary fuel or incendiary devices may be used to start the burning allowed by this section, provided that:

                    (1)     no oil heavier than number two diesel shall be used; and

                    (2)     no more than the minimum amount of auxiliary fuel necessary to start the fire shall be used.

[20.2.60.110 NMAC - Rp 20.2.60.110 NMAC, 12/31/03]

 

20.2.60.111          OPEN BURNING OF VEGETATIVE MATERIAL:

                A.            Applicability:

                    (1)     This section (20.2.60.111 NMAC) applies to open burning of vegetative material as defined in 20.2.60.7 NMAC, for purposes of disposal of such material, provided that  burning of areas with non-piled vegetative material does not exceed ten acres per day, or burning of piled vegetative material, including material gathered in a pit or open container, does not exceed one thousand cubic feet of pile volume per day.  In determining daily burn area and daily burn pile volume, areas or piles that are within three hundred feet of each other shall be considered to constitute a single burn if the burning occurs on the same day and on property under ownership or possessory control of the same person.  Burning in excess of these daily limits is subject to 20.2.65 NMAC (Smoke Management).

                    (2)     This section does not apply to any open burning of vegetative material which is subject to 20.2.65 NMAC.

                    (3)     Open burning of vegetative material is prohibited in nonattainment areas.

                B.            Open burning of vegetative material under this section shall meet the following requirements:

                    (1)     burning shall be conducted at least three hundred feet from any occupied dwelling, workplace, or place where people congregate, which is on property owned by, or under possessory control of, another person; burning that does not meet this requirement is subject to 20.2.65 NMAC (Smoke Management);

                    (2)     burning shall begin no earlier than one hour after sunrise, and shall be extinguished no later than one hour before sunset; burning outside of this time limitation is subject to 20.2.65 NMAC (Smoke Management);

                    (3)     burning shall be attended at all times;

                    (4)     the appropriate local fire department or dispatch or firefighting authority shall be notified prior to burning;

                    (5)     for burns exceeding one acre per day or one hundred cubic feet of pile volume per day, the burner shall provide prior notice of the date and location of the burn to all households within one quarter of a mile of the burn;

                    (6)     burning shall be in compliance with 20.9.1 NMAC (Solid Waste Management);

                    (7)     burning shall not be conducted when an air pollution episode is in effect;

                    (8)     auxiliary fuel or incendiary devices may be used to ignite the burning allowed by this section, provided that:

                              (a)     no oil heavier than number two diesel shall be used; and

                              (b)     no more than the minimum amount of auxiliary fuel necessary to complete the burn shall be used;

                   (9)     polyethylene sheeting may be burned with the vegetative materials, provided that:

                              (a)     the sheeting has been covering piled vegetative material for at least one month prior to burning;

                              (b)     the amount of sheeting burned is no more than the minimum necessary to cover the pile;

                              (c)     removal of the sheeting before burning is impractical; and

                              (d)     the burner is able to provide evidence, such as purchase records or package labeling, that the sheeting is polyethylene and not some other form of plastic;

                    (10)     the burner shall consider alternatives to burning prior to igniting a burn; and

                    (11)     material to be burned shall be as dry as practicable.

[20.2.60.111 NMAC - Rp 20.2.60.111 NMAC, 12/31/03]

 

20.2.60.112          BURNING OF MATERIALS AND STRUCTURES FOR FIREFIGHTER TRAINING:  Burning of structures, buildings, facilities or materials for purposes of instruction and training of bona fide firefighting and fire-rescue personnel is allowed, provided that:

                A.            all regulated asbestos-containing material is removed prior to burning, in accordance with 40 CFR 61, Subpart M (National Emission Standard for Asbestos); and

                B.            the department is notified, prior to burning, using the form provided by the department.

[20.2.60.112 NMAC - Rp 20.2.60.112 NMAC, 12/31/03]

 

20.2.60.113          OPEN BURNING OF HAZARDOUS WASTE:  Open burning of hazardous waste, as defined in the New Mexico Hazardous Waste Act, NMSA 1978, Sections 74-4-1 to -14, is allowed only when conducted in compliance with interim status regulations, or a permit issued, pursuant to the New Mexico Hazardous Waste Act and any other permits issued by the department.

[20.2.60.113 NMAC - Rp 20.2.60.113 NMAC 12/31/03]

 

20.2.60.114          EMERGENCY BURNING:  Open burning is allowed for purposes of eliminating an imminent danger to public health, safety, or the environment, provided that:

                A.            no other practical and lawful method of abatement or disposal is available;

                B.            an emergency response specialist has determined that the situation requires immediate and expeditious action;

                C.            the burning is in compliance with all other applicable state laws and regulations; and

                D.            notice is provided to the department as soon as practical, but at least within two weeks after the burn.

[20.2.60.114 NMAC - Rp 20.2.60.114 NMAC, 12/31/03]

 

HISTORY OF 20.2.60 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the commission of public records-state records center and archives:

HSSD 70-1, Ambient Air Quality Standards And Air Quality Control Regulations, 01/27/70;

AQCR 301, Air Quality Control Regulation 301 - Regulation To Control Open Burning, 02/07/83;

EIB/AQCR 301, Air Quality Control Regulation 301 - Regulation To Control Open Burning, 07/24/84.

 

History of Repealed Material:  20.2.60 NMAC, Opern Burning, filed 10/16/02, repealed 12/31/03.

 

Other History:

EIB/AQCR 301, Air Quality Control Regulation 301 - Regulation To Control Open Burning, filed 07/24/84 was renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.60, Open Burning, filed 10/30/95.

20 NMAC 2.60, Open Burning, filed 10/30/95 was renumbered, reformatted and replaced by 20.2.60 NMAC, Open Burning, effective 10/31/02.

20.2.60 NMAC, Open Burning, filed 10/16/02 was replaced by 20.2.60 NMAC, Open Burning, effective 12/31/03.

 

 
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TITLE 20               ENVIRONMENTAL PROTECTION

CHAPTER 2         AIR QUALITY (STATEWIDE)

PART 43               GASIFICATION PLANTS

 

 

20.2.43.1               ISSUING AGENCY:  New Mexico Environmental Improvement Board.

[11/23/98; 20.2.43.1 NMAC - Rn, 20 NMAC 2.43.100 10/31/02]

 

20.2.43.2               SCOPE:  All geographic areas within the jurisdiction of the Environmental Improvement Board.

[11/23/98; 20.2.43.2 NMAC - Rn, 20 NMAC 2.43.101 10/31/02]

 

20.2.43.3               STATUTORY AUTHORITY: Environmental Improvement Act, NMSA 1978, section 74-1-8(A)(4) and (7), and Air Quality Control Act, NMSA 1978, sections 74-2-1 et seq., including specifically, section 74-2-5(A), (B) and (C).

[11/23/98; 20.2.43.3 NMAC - Rn, 20 NMAC 2.43.102 10/31/02]

 

20.2.43.4               DURATION:  Permanent.

[11/23/98; 20.2.43.4 NMAC - Rn, 20 NMAC 2.43.103 10/31/02]

 

20.2.43.5               EFFECTIVE DATE:  November 23, 1998, except where a later date is cited at the end of a section or paragraph.

[11/23/98; 20.2.43.5 NMAC - Rn, 20 NMAC 2.43.104 10/31/02]

[The latest effective date of any section in this Part is 10/31/02.]

 

20.2.43.6               OBJECTIVE:  The objective of this Part is to establish emission standards for gasification plants.

[11/23/98; 20.2.43.6 NMAC - Rn, 20 NMAC 2.43.105 10/31/02]

 

20.2.43.7               DEFINITIONS:  In addition to the terms defined in 20.2.2 NMAC (Definitions), as used in this Part:

                A.            "Feed" means those materials which enter directly into the manufacture of synthetic natural gas, and includes, but is not limited to coal, tars, oils and naphtha.

                B.            "Gasification plant" means a plant that manufactures synthetic gas and includes: all process gas streams and products produced in the gasification process; all operations associated with treatment of gasification products; ash removal equipment; regeneration of any absorbent or oxidizing agents (and any off gases so produced) used in the treatment or removal of products produced in the gasification process; catalyst regeneration; storage facilities for liquids, solids and gases; and pretreatment of coal.  Gasification plant does not include the coal preparation plant, the sizing and briquetting of coal or any process gas streams after the streams enter a boiler and undergo combustion.

                C.            "Sulfur" means elemental sulfur and the sulfur component of any sulfur mixtures or compounds.

[11/23/98; 20.2.43.7 NMAC - Rn, 20 NMAC 2.43.107 10/31/02]

 

20.2.43.8               AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS:  This Part amends and supersedes Air Quality Control Regulations (AQCRs): 670, 671, 673, 674, 675, 676, 677, 678, 679, 680, 681, and 682. All references to these AQCRs in any other rule shall be understood as a reference to this Part.  See 20.2.43.10 NMAC for detailed filing history.

[11/23/98; 20.2.43.8 NMAC - Rn, 20 NMAC 2.43.106 10/31/02]

 

20.2.43.9               DOCUMENTS:  Documents incorporated and cited in this Part may be viewed at the New Mexico Environment Department, Air Quality Bureau, Harold Runnels Building, 1190 St. Francis Dr., or 2048 Galisteo St., Santa Fe, NM 87502 [87505].

[11/23/98; 20.2.43.9 NMAC - Rn, 20 NMAC 2.43.108 10/31/02]

 

20.2.43.10             PRE-NMAC REGULATORY FILING HISTORY:  The material in this Part was derived from that previously filed with the State Records Center and Archives under Air Quality Control Regulations (AQCRs): 670 - Gasification Plants - Monitoring, filed Nov. 16, 1973 and Feb. 8, 1983; 671 - Gasification Plants - Coal Briquet Forming Facility - Particulate Matter, filed Nov. 16, 1973, Feb. 8, 1983, and July 24, 1984; 673 - Gasification Plants - Hydrogen Sulfide - Carbon Disulfide - Carbon Oxysulfide, filed Nov. 16, 1973, Feb. 8, 1983, and July 24, 1984; 674 - Gasification Plants - Hydrogen Cyanide, filed Nov. 16, 1973, and Feb. 8, 1983; 675 - Gasification Plants - Hydrogen Chloride - Hydrochloric Acid, filed Nov. 16, 1973, and Feb. 8, 1983; 676 - Gasification Plants - Particulate Matter, filed Nov. 16, 1973, and Feb. 8, 1983; 677 - Gasification Plants - Ammonia, filed Nov. 16, 1973 and Feb. 8, 1983; 678 - Gasification Plants - Gas Burning Boilers - Particulate Matter, filed Nov. 16, 1973 and Feb. 8, 1983; 679 - Gasification Plants - Gas Burning Boilers - Sulfur Dioxide, filed Nov. 16, 1973, Feb. 8, 1983, and July 24, 1984; 680 - Gasification Plants - Sulfur, filed Nov. 16, 1973, Feb. 8, 1983, and July 24, 1984; 681 - Gasification Plants - Hydrocarbons - Storage - Handling - Pumping - Safety Relief Valves - Blowdown System, filed Nov. 16, 1973 and Feb. 8, 1983; 682 - Boilers Operated in Conjunction With Gasification Plants - Enforcement, filed Nov. 16, 1973, Feb. 8, 1983, and July 24, 1984.

[11/23/98; 20.2.43.10 NMAC - Rn, 20 NMAC 2.43.103A 10/31/02]

 

20.2.43.11 to 20.2.43.108  [RESERVED]

 

20.2.43.109          MONITORING:  No person owning or operating a gasification plant shall permit, cause, suffer or allow emissions of gas streams to the atmosphere except through stacks at least ten diameters in length equipped with sampling ports and platforms in such number, location and size as to allow for accurate sampling to be performed.

[11/23/98; 20.2.43.109 NMAC - Rn, 20 NMAC 2.43.109 10/31/02]

 

20.2.43.110          COAL BRIQUET FORMING FACILITY - PARTICULATE MATTER:  No person owning or operating a coal briquet forming facility in conjunction with a gasification plant shall permit, cause, suffer or allow particulate matter emissions to the atmosphere in excess of 0.03 grains per standard cubic foot of exhaust gas.  Within technical feasibility, all particulate matter emissions to the atmosphere shall be limited to a stack outlet or outlets.

[11/23/98; 20.2.43.110 NMAC - Rn, 20 NMAC 2.43.110 10/31/02]

 

20.2.43.111          HYDROGEN SULFIDE - CARBON DISULFIDE- CARBON OXYSULFIDE:  No person owning or operating a gasification plant shall permit, cause, suffer or allow any combination of hydrogen sulfide, carbon disulfide and carbon oxysulfide emissions to the atmosphere in excess of 100 ppm by volume in the effluent gas stream or streams.  The hydrogen sulfide component in the combined effluent gas stream or streams is limited to 10 ppm by volume.

[11/23/98; 20.2.43.111 NMAC - Rn, 20 NMAC 2.43.111 10/31/02]

 

20.2.43.112          HYDROGEN CYANIDE:  No person owning or operating a gasification plant shall permit, cause, suffer or allow hydrogen cyanide emissions to the atmosphere in excess of 10 ppm by volume in the effluent gas stream or streams.

[11/23/98; 20.2.43.112 NMAC - Rn, 20 NMAC 2.43.112 10/31/02]

 

20.2.43.113          HYDROGEN CHLORIDE - HYDROCHLORIC ACID:  No person owning or operating a gasification plant shall permit, cause, suffer or allow any combination of hydrogen chloride and hydrochloric acid emissions to the atmosphere in excess of 5 ppm by volume in the effluent gas stream or streams.

[11/23/98; 20.2.43.113 NMAC - Rn, 20 NMAC 2.43.113 10/31/02]

 

20.2.43.114          PARTICULATE MATTER:

                A.            No person owning or operating a gasification plant shall permit, cause, suffer or allow particulate matter emissions to the atmosphere in excess of 0.03 grains per cubic foot of effluent gas at seventy degrees Fahrenheit and 14.7 pounds per square inch absolute.

                B.            Particulate matter emissions governed by this section shall be determined by the method described in 36 Federal Register No. 247, p. 24888 (Dec. 23, 1971) where technically feasible.  Where not technically feasible to use this method, samples shall consist of at least one cubic foot of gas and collected over a period of at least twenty minutes.

                C.            No person owning or operating a gasification plant and related facilities shall permit, cause, suffer or allow any material to be handled, transported, stored or disposed of or a building or road to be used, constructed, altered or demolished without taking reasonable precautions to prevent particulate matter from becoming airborne.

[11/23/98; 20.2.43.114 NMAC - Rn, 20 NMAC 2.43.114 10/31/02]

 

20.2.43.115          AMMONIA:

                A.            No person owning or operating a gasification plant shall place, store or hold in any stationary tank or other container any ammonia unless the tank or other container is:

                    (1)     A pressure tank capable of maintaining working pressures sufficient to prevent loss of ammonia to the atmosphere; or

                    (2)     Equipped with other equally effective control equipment to prevent loss of ammonia to the atmosphere.

                B.            No person owning or operating a gasification plant shall permit, cause, suffer or allow ammonia emissions to the atmosphere in excess of 25 ppm by volume in the effluent gas stream or streams.

[11/23/98; 20.2.43.115 NMAC  Rn, 20 NMAC 2.43.115 10/31/02]

 

20.2.43.116          GAS BURNING BOILERS - PARTICULATE MATTER:

                A.            No person owning or operating gas-burning boilers in conjunction with a gasification plant shall permit, cause, suffer or allow particulate matter emissions to the atmosphere in excess of 0.03 pounds per million British Thermal Units of heat input (lower heating value) to the boilers.  For purposes of this section (20.2.43.116 NMAC) all gas-fired boilers will be considered as one unit for each gasification plant.

                B.            Particulate matter emissions governed by this section shall be determined by the method described in 36 Federal Register No. 247, p. 24888 (Dec. 23, 1971) where technically feasible.  Where not technically feasible to use this method, samples shall consist of at least one cubic foot of gas and collected over a period of at least twenty minutes.

[11/23/98; 20.2.43.116 NMAC - Rn, 20 NMAC 2.43.116 10/31/02]

 

20.2.43.117          GAS BURNING BOILERS - SULFUR DIOXIDE:  No person owning or operating gas-burning boilers in conjunction with a gasification plant shall permit, cause, suffer or allow sulfur dioxide emissions to the atmosphere in excess of a total of 0.16 pounds per million British Thermal Units of heat input (lower heating value) fed to all boilers.

[11/23/98; 20.2.43.117 NMAC - Rn, 20 NMAC 2.43.117 10/31/02]

 

20.2.43.118          SULFUR:  No person owning or operating a gasification plant shall permit, cause, suffer or allow sulfur emissions to the atmosphere in excess of a total of 0.008 pounds per million British Thermal Units of heat input (higher heating value) contained in the feed introduced into the gasification plant.

[11/23/98; 20.2.43.118 NMAC - Rn, 20 NMAC 2.43.118 10/31/02]

 

20.2.43.119          HYDROCARBONS -  STORAGE - HANDLING - PUMPING - SAFETY RELIEF VALVES - BLOWDOWN SYSTEM:  No person owning or operating a gasification plant shall:

                A.            Place, store or hold in any stationary tank or other container (except wastewater treatment basins, ponds, clarifiers, and settlers) any phenols or any organic compound having a Reid vapor pressure of l.5 pounds per square inch or greater, unless the tank or other container is designed, equipped and maintained with:

                    (1)     A floating roof, consisting of a pontoon-type, double-deck roof or internal floating cover, which rests on the surface of the liquid contents and is equipped with a closure seal or seals to close the space between the roof or cover edge and tank wall;

                    (2)     A vapor recovery system consisting of:

                              (a)     A vapor gathering system capable of collecting the organic compound vapors and gases discharged; and

                              (b)     A vapor disposal system capable of processing the organic vapors and gases so as to prevent their emission to the atmosphere; or

                    (3)     Any other device which is at least as efficient to prevent vapor or gas loss to the atmosphere.

                B.            Place, store or hold in any stationary tank or other container (except wastewater treatment basins, ponds, clarifiers, and settlers) any phenols or any organic compound having a Reid vapor pressure of l.5 pounds per square inch or greater without the tank or other container gauging and sampling devices being gas tight, except when gauging or sampling is taking place.

                C.            Load or unload into any tank, truck or trailer any phenols or any organic compound having a Reid vapor pressure of l.5 pounds per square inch or greater, unless:

                    (1)     The loading facility is equipped with:

                              (a)     A loading arm having a vapor collection adapter to force a vapor-tight seal between the adapter and the hatch and having a means of collecting the vented vapors and preventing their emission to the atmosphere; or

                              (b)     Any other device which is at least as efficient to prevent vapor or gas loss to the atmosphere; and

                    (2)     A means is provided to prevent liquid organic compound drainage from the loading device when it is removed from the hatch of any tank, truck or trailer or to accomplish complete drainage before its removal.

                D.            Use a pump or compressor which handles any phenols or any organic compound having a Reid vapor pressure of l.5 pounds per square inch or greater, unless the pump or compressor is equipped with mechanical seals or other devices of equal or greater efficiency to prevent liquid or vapor losses.

                E.             Install safety relief valves, except valves installed on gas streams containing steam, product gas, nitrogen or oxygen, unless they are connected to a blowdown system.

                F.             Operate a blowdown system without disposing of the gases in a manner which will prevent hydrocarbon emissions to the atmosphere.  If combustion is the means of disposal, it shall be by smokeless flare or similar means to achieve complete combustion.

[11/23/98; 20.2.43.119 NMAC - Rn, 20 NMAC 2.43.119 10/31/02]

 

20.2.43.120          BOILERS OPERATED IN CONJUNCTION WITH GASIFICATION PLANTS - ENFORCEMENT:  In gasification plants, if more than one fuel is fired simultaneously in a boiler:

                A.            The boiler shall be considered as two or more units, each firing the equivalent amount of fuel with the appropriate heat content separately but having a common stack for determination of allowable emissions.

                B.            Allowable emissions shall be calculated according to the following formula:  ET = Eo Qo + Ec Qc + Eg Qg, where ET is the total allowed emission in pounds per given period of time; Eo is the allowed emission from oil in pounds per million BTU's; Ec is the allowed emission from coal in pounds per million BTU's; Eg is the allowed emission from gas in pounds per million BTU's; Qo is the heat released by the oil based on the higher heating value in BTU's per period of time; Qc is the heat released by the coal based on the higher heating value in BTU's per period of time; and Qg is the heat released by the gas based on the lower heating value in BTU's per period of time.

                C.            In addition, the total allowable emissions of particulates two microns equivalent aerodynamic diameter or less shall be calculated according to:  Ef = 0.40 Ec (Qo + Qc + Qg) where:  Ef is the total allowed emission of fine particulates in pounds per given period of time, and all other terms remain as previously defined.

[11/23/98; 20.2.43.120 NMAC - Rn, 20 NMAC 2.43.120 10/31/02]

 

HISTORY OF 20.2.43 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the commission of public records-state records center and archives:

AQCR 670-671, Air Quality Control Regulations --- 670 -- Gasification Plants - Monitoring; 671 -- Gasification Plants - Coal Briquet Forming Facility -- Particulate Matter, 11/16/73.

AQCR 670, Air Quality Control Regulation 670 -- Gasification Plants - Monitoring, 02/08/83;

AQCR 671, Air Quality Control Regulation 671 -- Gasification Plants - Coal Briquet Forming Facility -- Particulate Matter, 02/08/83;

EIB/AQCR 671, Air Quality Control Regulation 671 -- Gasification Plants - Coal Briquet Forming Facility -- Particulate Matter, 07/24/84;

AQCR 673-682, Air Quality Control Regulations 673, 674, 675, 676, 677, 678, 679, 680, 681, 682; 11/16/73;

AQCR 673, Air Quality Control Regulation 673 -- Gasification Plants - Hydrogen Sulfide - Carbon Disulfide - Carbon Oxysulfide, 02/08/83;

EIB/AQCR 673, Air Quality Control Regulation 673 -- Gasification Plants - Hydrogen Sulfide - Carbon Disulfide - Carbon Oxysulfide, 07/24/84;

AQCR 674, Air Quality Control Regulation 674 -- Gasification Plants - Hydrogen Cyanide, 02/08/83;

AQCR 675, Air Quality Control Regulation 675 -- Gasification Plants - Hydrogen Chloride - Hydrochloric Acid, 02/08/83;

AQCR 676, Air Quality Control Regulation 676 -- Gasification Plants - Particulate Matter, 02/08/83;

AQCR 677, Air Quality Control Regulation 677 -- Gasification Plants - Ammonia, 02/08/83;

AQCR 678, Air Quality Control Regulation 678 -- Gasification Plants - Gas Burning Boiler - Particulate Matter, 02/08/83;

AQCR 679, Air Quality Control Regulation 679 -- Gasification Plants - Gas Burning Boiler - Sulfur Dioxide, 02/08/83;

EIB/AQCR 679, Air Quality Control Regulation 679 -- Gasification Plants - Gas Burning Boiler - Sulfur Dioxide, 07/24/84;

AQCR 680, Air Quality Control Regulation 680 -- Gasification Plants - Sulfur, 02/08/83;

EIB/AQCR 680, Air Quality Control Regulation 680 -- Gasification Plants - Sulfur, 07/24/84;

AQCR 681, Air Quality Control Regulation 681 -- Gasification Plants -- Hydrocarbons - Storage - Handling - Pumping - Safety Relief Valves - Blowdown System, 02/08/83;

AQCR 682, Air Quality Control Regulation 682 -- Boilers Operated In Conjunction With Gasification  Plants - Enforcement, 02/08/83;

EIB/AQCR 682, Air Quality Control Regulation 682 -- Boilers Operated In Conjunction With Gasification  Plants - Enforcement, 07/24/84.

 

History of Repealed Material:  [RESERVED]

 

Other History:

AQCR 670, Air Quality Control Regulation 670 -- Gasification Plants - Monitoring, filed 02/08/83; EIB/AQCR 671, Air Quality Control Regulation 671 -- Gasification Plants - Coal Briquet Forming Facility -- Particulate Matter, filed 07/24/84; EIB/AQCR 673, Air Quality Control Regulation 673 -- Gasification Plants - Hydrogen Sulfide - Carbon Disulfide - Carbon Oxysulfide, filed 07/24/84; AQCR 674, Air Quality Control Regulation 674 -- Gasification Plants - Hydrogen Cyanide, filed 02/08/83; AQCR 675, Air Quality Control Regulation 675 -- Gasification Plants - Hydrogen Chloride - Hydrochloric Acid, filed 02/08/83; AQCR 676, Air Quality Control Regulation 676 -- Gasification Plants - Particulate Matter, filed 02/08/83; AQCR 677, Air Quality Control Regulation 677 -- Gasification Plants - Ammonia, filed 02/08/83; AQCR 678, Air Quality Control Regulation 678 -- Gasification Plants - Gas Burning Boiler - Particulate Matter, filed 02/08/83; EIB/AQCR 679, Air Quality Control Regulation 679 -- Gasification Plants - Gas Burning Boiler - Sulfur Dioxide, filed 07/24/84; EIB/AQCR 680, Air Quality Control Regulation 680 -- Gasification Plants - Sulfur, filed 07/24/84; AQCR 681, Air Quality Control Regulation 681 -- Gasification Plants -- Hydrocarbons - Storage - Handling - Pumping - Safety Relief Valves - Blowdown System, filed 02/08/83; EIB/AQCR 682, Air Quality Control Regulation 682 -- Boilers Operated In Conjunction With Gasification  Plants - Enforcement, filed 07/24/84; were renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.43, Gasification Plants, filed 10/23/98.

20 NMAC 2.43, Gasification Plants, filed 10/23/98 was renumbered, reformatted and replaced by 20.2.43 NMAC, Gasification Plants, effective 10/31/02.

 

 
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TITLE 20               ENVIRONMENTAL PROTECTION

CHAPTER 2         AIR QUALITY (STATEWIDE)

PART 42               COAL MINING AND PREPARATION PLANTS -- PARTICULATE MATTER

 

 

20.2.42.1               ISSUING AGENCY:  Environmental Improvement Board.

[11/30/95; 20.2.42.1 NMAC - Rn, 20 NMAC 2.42.100 10/31/02]

 

20.2.42.2               SCOPE:  All geographic areas within the jurisdiction of the Environmental Improvement Board.

[11/30/95; 20.2.42.2 NMAC - Rn, 20 NMAC 2.42.101 10/31/02]

 

20.2.42.3               STATUTORY AUTHORITY:  Environmental Improvement Act, NMSA 1978, section 74-1-8(A)(4) and (7), and Air Quality Control Act, NMSA 1978, sections 74-2-1 et seq., including specifically, section 74-2-5(A), (B) and (C).

[11/30/95; 20.2.42.3 NMAC - Rn, 20 NMAC 2.42.102 10/31/02]

 

20.2.42.4               DURATION:  Permanent.

[11/30/95; 20.2.42.4 NMAC - Rn, 20 NMAC 2.42.103 10/31/02]

 

20.2.42.5               EFFECTIVE DATE:  November 30, 1995.

[11/30/95; 20.2.42.5 NMAC - Rn, 20 NMAC 2.42.104 10/31/02]

[The latest effective date of any section in this Part is 10/31/02.]

 

20.2.42.6               OBJECTIVE:  The objective of this Part is to establish requirements and standards for coal mines and preparation plants to minimize particulate matter emissions

[11/30/95; 20.2.42.6 NMAC - Rn, 20 NMAC 2.42.105 10/31/02]

 

20.2.42.7               DEFINITIONS:  In addition to the terms defined in 20.2.2 NMAC (Definitions), as used in this Part:  “Part" means an air quality control regulation under Title 20, Chapter 2 of the New Mexico Administrative Code, unless otherwise noted; as adopted or amended by the Board.

[11/30/95; 20.2.42.7 NMAC - Rn, 20 NMAC 2.42.107 10/31/02]

 

20.2.42.8               AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS:  This Part amends and supersedes Air Quality Control Regulation ("AQCR") 672 -- Coal Mining and Preparation Plants - Particulate Matter last filed November 16, 1973.

                A.            All references to AQCR 672 in any other rule shall be construed as a reference to this Part.

                B.            The amendment and supersession of AQCR 672 shall not affect any administrative or judicial enforcement action pending on the effective date of such amendment nor the validity of any permit issued pursuant to AQCR 672.

[11/30/95; 20.2.42.8 NMAC - 20 NMAC 2.42.106 10/31/02]

 

20.2.42.9 to 20.2.42.107    [RESERVED]

 

20.2.42.108          EQUIPMENT:  All persons operating coal preparation plants shall equip all crushers, conveyors, screens, cleaners, hoppers, and chutes, which are designed for the continuous transportation or preparation of coal at the coal preparation plant, with hoods, shields or sprays where reasonably necessary to prevent particulate matter from becoming airborne.

[11/30/95; 20.2.42.108 NMAC - Rn, 20 NMAC 2.42.108 10/31/02]

 

20.2.42.109          HAUL ROADS:  All persons operating a coal mine shall cause main coal haulage roads to be sprayed or to be otherwise treated were reasonably necessary to prevent particulate matter from becoming airborne.

[11/30/95; 20.2.42.109 NMAC - Rn, 20 NMAC 2.42.109 10/31/02]

 

HISTORY OF 20.2.42 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the commission of public records-state records center and archives:

AQCR 672, Coal Mining And Preparation Plants -- Particulate Matter, 11/16/73.

 

History of Repealed Material:  [RESERVED]

 

Other History:

AQCR 672, Coal Mining And Preparation Plants -- Particulate Matter, filed 11/16/73 was renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.42, Coal Mining And Preparation Plants -- Particulate Matter, filed 10/30/95.

20 NMAC 2.42, Coal Mining And Preparation Plants -- Particulate Matter, filed 10/30/95 was renumbered, reformatted and replaced by 20.2.42 NMAC, Coal Mining And Preparation Plants -- Particulate Matter, effective 10/31/02.

 

 
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TITLE 20               ENVIRONMENTAL PROTECTION

CHAPTER 2         AIR QUALITY (STATEWIDE)

PART 41               NONFERROUS SMELTERS - SULFUR

 

 

20.2.41.1               ISSUING AGENCY:  Environmental Improvement Board.

[11/30/95; 20.2.41.1 NMAC - Rn, 20 NMAC 2.41.100 10/31/02]

 

20.2.41.2               SCOPE:  All geographic areas within the jurisdiction of the Environmental Improvement Board.

[11/30/95; 20.2.41.2 NMAC - Rn, 20 NMAC 2.41.101 10/31/02]

 

20.2.41.3               STATUTORY AUTHORITY:  Environmental Improvement Act, NMSA 1978, section 74-1-8(A)(4) and (7), and Air Quality Control Act, NMSA 1978, sections 74-2-1 et seq., including specifically, section 74-2-5(A), (B) and (C).

[11/30/95; 20.2.41.3 NMAC - Rn, 20 NMAC 2.41.102 10/31/02]

 

20.2.41.4               DURATION:  Permanent.

[11/30/95; 20.2.41.4 NMAC - Rn, 20 NMAC 2.41.103 10/31/02]

 

20.2.41.5               EFFECTIVE DATE:  November 30, 1995.

[11/30/95; 20.2.41.5 NMAC - Rn, 20 NMAC 2.41.104 10/31/02]

[The latest effective date of any section in this Part is 10/31/02.]

 

20.2.41.6               OBJECTIVE:  The objective of this Part is to establish requirements and standards for nonferrous smelters to minimize sulfur emissions.

[11/30/95; 20.2.41.6 NMAC - Rn, 20 NMAC 2.41.105 10/31/02]

 

20.2.41.7               DEFINITIONS:  In addition to the terms defined in 20.2.2 NMAC (Definitions), as used in this Part:

                A.            "Captured fugitive emissions" means sulfur emissions which escape from various points in the smelting process and are captured.

                B.            "Exceedance" means the state of being exceeded.

                C.            "Existing nonferrous smelter" means a nonferrous smelter which was constructed and fully operational prior to September 1, 1971.

                D.            "Good operating conditions" means monitors operated in accordance with the specifications at 40 CFR Part 52, Appendices D and E.

                E.             "Malfunction" means any sudden and unavoidable failure of air pollution control equipment, process equipment or process to operate in an expected manner.  Failures that are caused entirely or in part by poor maintenance, careless operation or any other preventable equipment breakdown shall not be considered a malfunction.

                F.             "Median" means the middle value in a series of numbers below and above which fall an equal number of values.

                G.            "Modification" means a modification as defined by section 74- 2-2(M), NMSA 1978.

                H.            "Modified nonferrous smelter" means any existing smelter that has incorporated a modification.

                I.              "New nonferrous smelter" means a nonferrous smelter, the construction of which commenced after September 1, 1971.

                J.             "Part" means an air quality control regulation under Title 20, Chapter 2 of the New Mexico Administrative Code, unless otherwise noted; as adopted or amended by the Board.

                K.            "Startup" means the setting into operation of any air pollution control equipment, process equipment or process for any purpose.

                L.            "Sulfur" means elemental sulfur and the sulfur component of any sulfur mixtures or compounds.

                M.           "Sulfur dioxide" means the chemical compound containing two atoms of oxygen and one of sulfur.

                N.            "Uncaptured fugitive emissions" means sulfur emissions which escape to the atmosphere from various points in the smelting process due to leakage, materials charging and handling, transfer and storage, or other causes.

[11/30/95; 20.2.41.7 NMAC - Rn, 20 NMAC 2.41.107 10/31/02]

 

20.2.41.8               AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS:  This Part amends and supersedes Air Quality Control Regulation ("AQCR") 652 --  Nonferrous Smelters -- Sulfur last filed November 17, 1993.

                A.            All references to AQCR 652 in any other rule shall be construed as a reference to this Part.

                B.            The amendment and supersession of AQCR 652 shall not affect any administrative of judicial enforcement action pending on the effective date of such amendment nor the validity of any permit issued pursuant to AQCR 652.

[11/30/95; 20.2.41.8 NMAC - Rn, 20 NMAC 2.41.106 10/31/02]

 

20.2.41.9               DOCUMENTS:  Documents cited in this Part may be viewed at the New Mexico Environment Department, Air Quality Bureau, Runnels Building, 1190 Saint Francis Drive, Santa Fe, NM  87505 [2048 Galisteo St., Santa Fe, NM 87505].

[11/30/95; 20.2.41.9 NMAC - Rn, 20 NMAC 2.41.108 10/31/02]

 

20.2.41.10 to 20.2.41.108  [RESERVED]

 

20.2.41.109          EMISSION LIMITATIONS -- EXISTING OR MODIFIED NONFERROUS SMELTER:  The owner or operator of any existing or modified nonferrous smelter shall not permit, cause, suffer or allow:

                A.            Annual average emissions in excess of 7000 pounds of sulfur dioxide per hour except as provided for in 20.2.41.112 NMAC;

                B.            A median 3-hour running average to exceed 5309 pounds of sulfur dioxide per hour during any 365-day compliance period;

                C.            More than N occurrences of three-hour running average sulfur dioxide emissions in excess of the corresponding E values shown in the following table in any 365-day compliance period when there are malfunction or startup conditions:

 

N

(number of occurrences)

E

(pounds per hour of sulfur dioxide emissions)

0

3,000

1

49,000

2

45,500

4

42,300

7

39,200

12

36,200

20

33,400

32

31,300

48

29,200

68

27,200

94

25,600

130

23,800

180

21,700

245

20,000

330

18,700

435

17,200

560

15,800

710

14,600

890

13,200

1100

12,200

[greater than] 1100

7,800

 

                D.            More than N occurrences of three-hour running average sulfur dioxide emissions in excess of the corresponding E values shown in the following table in any 365-day compliance period when there are not malfunction or startup conditions:

 

 

N

(number of occurrences)

E

(pounds per hour of sulfur dioxide emissions)

0

12,200

240

10,700

510

9,800

810

8,700

1,140

7,800

 

                    (1)     Any three-hour average that includes a period of time when there are malfunction or startup conditions shall be included in either the cumulative occurrence limits of subsections C and D of 20.2.41.109 NMAC, at the choice of the smelter owner or operator;

                    (2)     Any three-hour average that does not include a period of time when there are malfunction or startup conditions shall be included in the cumulative occurrence table in subsection D of 20.2.41.109 NMAC.

                E.             The release of fugitive sulfur emissions to the atmosphere unless the owner or operator utilizes best engineering practices to minimize the release of such fugitive emissions.  Best engineering practices shall, as a minimum, include:

                    (1)     Maintaining and operating all furnaces, converters, and converter hoods so that leakage of gases to the atmosphere will be minimized to the maximum extent practicable;

                    (2)     Maintaining all ducts, flues, and stacks in leak-free condition;

                    (3)     Installing and operating tight-fitting exhaust hoods where feasible on all tapholes, launders, and other significant sources of fugitive sulfur emissions; and

                    (4)     Venting all captured fugitive emissions through the tallest stack serving the smelter;

                F.             Operation of the smelter without including all measured emissions to the atmosphere in compliance calculations.

[11/30/95; 20.2.41.109 NMAC - Rn, 20 NMAC 2.41.109 10/31/02]

 

20.2.41.110          EMISSION LIMITATIONS -- NEW NONFERROUS SMELTER:  The owner or operator of a new nonferrous smelter shall not permit, cause, suffer or allow:

                A.            sulfur emissions to the atmosphere in excess of ten pounds of sulfur for every one hundred pounds of sulfur fed to the smelter;

                B.            the release of fugitive sulfur emissions to the atmosphere unless best engineering practices, including practices listed in subsection E of 20.2.41.109 NMAC, are utilized to minimize the release of such fugitive emissions.

[11/30/95; 20.2.41.110 NMAC - Rn, 20 NMAC 2.41.110 10/31/02]

 

20.2.41.111          MONITORING -- EXISTING OR MODIFIED NONFERROUS SMELTER:

                A.            Continuous Monitoring:  The owner or operator of an existing or modified nonferrous smelter shall maintain monitors in good operating condition which continuously measure and record the sulfur dioxide concentration and stack gas volumetric flow rate of the gases within the stacks serving all furnaces, liquid sulfur dioxide plants, converters, acid plants, reverberatory feed dryers, and stacks from which captured fugitive emissions are vented to the atmosphere.  Any continuous monitors required by this section (20.2.41.111 NMAC) shall record the sulfur dioxide concentration and stack gas volumetric flow rate at least 95 percent of the time for any twelve consecutive calendar months.  The 95 percent data recovery shall only apply for the time or times that the stack is used to release sulfur dioxide to the atmosphere.  If the monitor does not measure the sulfur dioxide concentration and stack gas volumetric flow rate for the required amount of time, the smelter owner shall use alternative methods approved by the Department and the US EPA to supply the missing concentration data.

                B.            Sampling Locations:  The sampling point or points of the continuous monitoring system shall be located at least eight stack diameters (diameter measured at sampling point) downstream and two diameters upstream from any flow disturbance such as a bend, expansion, constriction or flame, unless another location is approved by the Department.  The sampling point for monitoring emissions shall be in the duct at the centroid (geometrical centered l.0 per cent area) of the cross-section if the cross-sectional area is less than 113 square feet or at a point no closer to the wall than six feet if the cross-sectional area is more than 113 square feet unless otherwise approved by the Department.  The sampling point shall be in an area of low spatial concentration gradient and shall be representative of the concentration in the duct.

                C.            Exemptions:  Upon the request of the owner or operator of the smelter, the Department may exempt stacks from this monitoring requirement if the Department determines that they do not carry more than ten (10) pounds per hour sulfur dioxide emissions.

                D.            Instrument Calibration and Data Retention:  Instruments and sampling systems installed and used pursuant to this section shall be calibrated in accordance with the methods prescribed by manufacturer's recommended zero adjustment and calibration check procedures at least once every 24 hours of operation, unless the manufacturer specifies or recommends calibration checks more frequently.  The owner or operator of the smelter shall retain all raw data and quality assurance measurements and procedures for a minimum of three years.

                E.             Performance Audits of Monitoring System:  Instruments and sampling systems installed and used pursuant to subsections A, B and C of 20.2.41.111 NMAC, shall be installed, operated and maintained in accordance with the performance specifications and other requirements set forth at 40 CFR Part 52, Appendices D and E.  Alternative procedures for this paragraph may be used with approval of the Department and the EPA.  In the event that repair work is performed on the monitoring system, that could result in inaccurate readings, the owner or operator of the smelter shall demonstrate to the Department that the system continues to meet the applicable performance specifications.  The Department may require the owner or operator of the smelter to conduct performance tests as specified at 40 CFR Part 52, Appendices D and E at any time that the Department determines that such a test is necessary to verify the performance of the monitoring system.  The Department and the US EPA may approve alternative means of verifying the performance of the continuous monitoring system.  The Department may also perform independent audits on the continuous monitoring system, utilizing Methods l, 2, 4 and 8, found at 40 CFR Part 60, Appendix A, or other applicable methods.

                F.             Test Notification, Reporting and Reevaluation of CEMS:  The owner or operator of an existing or modified nonferrous smelter shall:

                    (1)     Notify the Department at least forty-five (45) days in advance of the start of the field tests required at 40 CFR Part 52, Appendices D and E;

                    (2)     Submit a report to the Department within forty-five (45) days of the completion of any performance specification test required by this Part or the Department; and

                    (3)     Reevaluate the continuous emission monitoring systems installed and operated pursuant to subsection E of 20.2.41.111 NMAC at least once during any twelve (12) calendar months following the installation of such systems.  The evaluation shall demonstrate acceptability of zero and calibration drift, relative accuracy error, and calibration error of measurements contained in the applicable performance specification at 40 CFR Part 52, Appendices D and E, or as otherwise approved by the Department.

[11/30/95; 20.2.41.111 NMAC - Rn, 20 NMAC 2.41.111 10/31/02]

 

20.2.41.112          COMPLIANCE -- EXISTING OR MODIFIED NONFERROUS SMELTERS:  Compliance with 20.2.41.109 NMAC shall be determined in accordance with the requirements specified in this section:

                A.            Annual running average emissions shall be calculated at the end of each calendar day.  The smelter shall be in violation if two (2) consecutive annual averages exceed the emission limit and the second average exceeds the first average.  The smelter shall also be in violation if ten (10) consecutive annual averages exceed the annual average emission limit;

                B.            The median running 3-hour average for the previous 365 days shall be calculated at the end of each calendar day.  Such compliance determinations shall be calculated at the end of each day for each compliance period;

                C.            Compliance with the cumulative occurrence tables in 20.2.41.109 NMAC shall be determined on the basis of all running three-hour averages measured in the previous 365 days or less.  Such compliance determinations shall be calculated at the end of each day.  Three-hour averages shall be calculated at the end of each clock hour by averaging the hourly emissions for the preceding three (3) consecutive hours whenever each hour was measured in accordance with 20.2.41.109 NMAC and subsections A, B and C of 20.2.41.111 NMAC.

                D.            If the smelter is not operating for an extended period of time, and with the approval of the Department, zeros may be recorded on an hourly basis without operating the continuous monitoring system if emissions to the atmosphere are shown to be below ten (10) pounds per hour;

                E.             A three-hour emissions average in excess of an emission level (E) is a violation if the number of all three-hour emissions averages that exceed the emission level (E) measured during the compliance period exceeds the cumulative occurrence limit (N);

                F.             The compliance period shall consist of the 365 days immediately preceding each day;

                G.            A three-hour emissions average can only violate the cumulative occurrence limit (N) of an emissions level (E) in the day containing the last hour in the average;

                H.            Multiple exceedances of a cumulative occurrence limit by different three-hour emissions averages containing any common hour constitute a single violation.

[11/30/95; 20.2.41.112 NMAC - Rn, 20 NMAC 2.41.112 10/31/02]

 

20.2.41.113          COMPLIANCE -- NEW NONFERROUS SMELTERS:  Compliance with subsection A of 20.2.41.110 NMAC shall be determined in accordance with the requirements specified in this section:

                A.            It shall be a violation of this Part if the sulfur removal requirement in subsection A of 20.2.41.110 NMAC is not achieved for any calendar month;

                B.            The owner or operator of any new nonferrous smelter shall calculate the sulfur removal rate for the smelter for each calendar month.  This calculation shall be done in accordance with a written plan approved by the Department and US EPA.

[11/30/95; 20.2.41.113 NMAC - Rn, 20 NMAC 2.41.113 10/31/02]

 

20.2.41.114          REPORTING:  Persons owning or operating any existing, modified or new nonferrous smelter shall submit quarterly reports to the Department for the periods January 1 through March 31, April 1 through June 30, July 1 through September 30 and October 1 through December 31 of each year.  Each report shall be filed with the Department within forty five (45) days of the end of the quarterly period.

                A.            Existing and Modified Nonferrous Smelters:

                    (1)     The quarterly reports for existing and modified nonferrous smelters shall include:

                              (a)     the annual average emissions in pounds of sulfur dioxide per hour calculated at the end of each day;

                              (b)     all exceedances of the cumulative occurrence tables in 20.2.41.109 NMAC, including the associated date, time, E value and N value; and

                              (c)     the twenty (20) highest running three-hour averages with the associated time and date of occurrence;

                              (d)     the median 3-hour running average for each compliance period in pounds of sulfur dioxide per hour at the end of each day.

                    (2)     All three-hour running averages, E-values, N-values, and continuous monitoring measurements shall be retained by the owner or operator of any existing or modified nonferrous smelter for at least three (3) years.  Upon request, the owner or operator of the smelter shall report such data in a timely manner to the Department.

                B.            New Nonferrous Smelters:  The quarterly reports for new nonferrous smelters shall include:

                    (1)     Sulfur removal rates for each calendar month;

                    (2)     Identification of all exceedances of the requirement in subsection A of 20.2.41.110 NMAC; and

                    (3)     Identification of all periods of time for which notification was provided to the Department pursuant to 20.2.7 NMAC (Excess Emissions During Malfunction, Startup, Shutdown, or Scheduled Maintenance).

                    (4)     The owner or operator of any new nonferrous smelter shall retain all records utilized as the basis for the quarterly report for a period of at least three (3) years.  Upon request, such records shall be made accessible or reported to the Department.

[11/30/95; 20.2.41.114 NMAC - Rn, 20 NMAC 2.41.114 10/31/02]

 

20.2.41.115          FUGITIVE EMISSIONS EVALUATION:  No later than the end of the first two years of operation, the owner or operator of a modified smelter shall submit to the Department the results of an evaluation of the fugitive sulfur dioxide emissions from the smelter.  The evaluation shall contain the following information:

                A.            A measurement or accurate estimate of captured and uncaptured fugitive emissions from the smelter.  The measurement or estimate shall contain the amount of both short-term and long-term fugitive emissions from the smelter.  The evaluation plan shall be approved in advance by the Department and shall specify the method used to determine the fugitive emission amounts;

                B.            A measurement or accurate estimate of the relative proportion (expressed as a percentage) of captured and uncaptured fugitive emissions produced by the following smelter processes: Roaster or dryer operation; Calcine or dried concentrate transfer; Furnace operations (including feeding, slag return, matte and slag tapping); Matte transfer; and Converter operations.  The measurement technique or method of estimation used to fulfill this requirement shall be approved in advance by the Department;

                C.            the results of a one year fugitive emission impact analysis.  The study shall utilize sufficient measurements of fugitive emissions, meteorological conditions and ambient sulfur dioxide concentrations to associate fugitive emissions with specific measured ambient concentrations of sulfur dioxide.  The study shall describe in detail the techniques used to make the required determinations.  It shall include an analysis of the feasibility of using sulfur balance figures for the above determinations.  The design of the study shall be submitted within 60 days of the startup of the modified smelter for approval by the Department.

[11/30/95; 20.2.41.115 NMAC - Rn, 20 NMAC 2.41.115 10/31/02]

 

20.2.41.116          MONITORING EQUIPMENT:  In order to assess the sufficiency of the cumulative occurrence and emission limits contained in 20.2.41.109 NMAC and in order to maintain the ambient air quality standards for sulfur dioxide, the owner or operator of a smelter subject to 20.2.41.109 NMAC shall continue to calibrate, maintain and operate any ambient sulfur dioxide monitoring equipment owned by the smelter owner or operator and in operation on December 17, 1993.  Such monitors shall be operated and maintained as prescribed at 40 CFR Parts 53 and 58.  The location of ambient sulfur dioxide monitors and length of time such monitors remain at a location shall be determined by the Department.

[11/30/95; 20.2.41.116 NMAC - Rn, 20 NMAC 2.41.116 10/31/02]

 

20.2.41.117          DATA SUBMISSION:  The data accumulated from the programs detailed in 20.2.41.115 NMAC and 20.2.41.116 NMAC shall be submitted to the Department for its review.  The reports should confirm whether or not the emission limitations contained in 20.2.41.109 NMAC are adequate to maintain state and federal ambient air quality standards.  The Department, upon reasonable notice and at reasonable times, shall have access to all raw and verified data for verification purposes and shall be permitted access to the monitors, and shall have the opportunity to perform quality assurance audits.

[11/30/95; 20.2.41.117 NMAC - Rn, 20 NMAC 2.41.117 10/31/02]

 

HISTORY OF 20.2.41 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the commission of public records-state records center and archives:

AQCR 652, Nonferrous Smelters - Sulfur, 02/17/72;

AQCR 652, Air Quality Control Regulation 652 -- Nonferrous Smelters - Sulfur, 05/08/81;

EIB/AQCR 652, Air Quality Control Regulation 652 -- Nonferrous Smelters - Sulfur, 11/17/93.

 

History of Repealed Material:  [RESERVED]

 

Other History:

EIB/AQCR 652, Air Quality Control Regulation 652 -- Nonferrous Smelters - Sulfur, filed 11/17/93 was renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.41, Nonferrous Smelters - Sulfur, filed 10/30/95.

20 NMAC 2.41, Nonferrous Smelters - Sulfur, filed 10/30/95 was renumbered, reformatted and replaced by 20.2.41 NMAC, Nonferrous Smelters - Sulfur, effective 10/31/02.

 

 
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TITLE 20               ENVIRONMENTAL PROTECTION

CHAPTER 2         AIR QUALITY (STATEWIDE)

PART 40               SULFURIC ACID PRODUCTION UNITS - SULFUR DIOXIDE, ACID MIST AND

                                VISIBLE EMISSIONS

 

 

20.2.40.1               ISSUING AGENCY:  Environmental Improvement Board.

[11/30/95; 20.2.40.1 NMAC - Rn, 20 NMAC 2.40.100 10/31/02]

 

20.2.40.2               SCOPE:  All geographic areas within the jurisdiction of the Environmental Improvement Board.

[11/30/95; 20.2.40.2 NMAC - Rn, 20 NMAC 2.40.101 10/31/02]

 

20.2.40.3               STATUTORY AUTHORITY:  Environmental Improvement Act, NMSA 1978, section 74-1-8(A)(4) and (7), and Air Quality Control Act, NMSA 1978, sections 74-2-1 et seq., including specifically, section 74-2-5(A), (B) and (C).

[11/30/95; 20.2.40.3 NMAC - Rn, 20 NMAC 2.40.102 10/31/02]

 

20.2.40.4               DURATION:  Permanent.

[11/30/95; 20.2.40.4 NMAC - Rn, 20 NMAC 2.40.103 10/31/02]

 

20.2.40.5               EFFECTIVE DATE:  November 30, 1995.

[11/30/95; 20.2.40.5 NMAC - Rn, 20 NMAC 2.40.104 10/31/02]

[The latest effective date of any section in this Part is 10/31/02.]

 

20.2.40.6               OBJECTIVE:  The objective of this Part is to establish requirements and standards for sulfuric acid production units to minimize emissions.

[11/30/95; 20.2.40.6 NMAC - Rn, 20 NMAC 2.40.105 10/31/02]

 

20.2.40.7               DEFINITIONS:  In addition to the terms defined in 20.2.2 NMAC (Definitions), as used in this Part:

                A.            "Acid mist" means sulfuric acid mist as measured by the method referenced in 20.2.40.110 NMAC and includes liquid mist as well as sulfur trioxide and sulfuric acid vapor.

                B.            "Commenced" means that an owner or operator has undertaken a continuous program of construction or that an owner or operator has entered into a binding agreement or contractual obligation to undertake and complete within a reasonable time a continuous program of construction.

                C.            "Construction" means fabrication, erection or installation of an affected facility.

                D.            "Existing sulfuric acid production unit" means a sulfuric acid production unit the construction or modification of which was commenced on or before August 17, 1971.

                E.             "Good engineering practice" means:

                    (1)     With respect to stack heights less than 65 meters, the height necessary to insure that emissions from the stack do not result in excessive concentrations of any pollutant in the immediate vicinity of the source as result of atmospheric downwash, eddies and wakes which may be created by the source itself, nearby structures or nearby terrain obstacles.  Such height shall not exceed:

                              (a)     Thirty meters for stacks not influenced by the source itself, nearby structures or terrain; or

                              (b)     The height determined by use of the equation:  Hg = H+1.5 L;  where:  Hg = good engineering practice stack heights; H = the height of the source or nearby structure; and L = the lesser dimension (height or width) of the source or nearby structure for stacks that are influenced by nearby structures or terrain;

                    (2)     With respect to stack heights equal to or greater than 65 meters, the owner or operator must satisfy all provisions and obtain all applicable approvals required under 20.2.80 NMAC (Stack Heights).

                F.             "Modification" means a physical change or change in the manner of operation which increases the amount of any air contaminant emitted by the sulfuric acid production unit or which results in the emission of any air contaminant not previously emitted.

                G.            "Pecos-Permian Basin Intrastate Air Quality Control Region" means Chaves, Curry, De Baca, Eddy, Lea, Quay and Roosevelt Counties.

                H.            "Sulfuric acid" means the chemical compound H2SO4.

                I.              "Sulfuric acid produced" means the production expressed as 100 percent H2SO4.

                J.             "Sulfuric acid production unit" means any facility producing sulfuric acid by the contact process by burning elemental sulfur, alkylation acid, hydrogen sulfide, organic sulfides and mercaptans, or acid sludge, but does not include facilities where conversion to sulfuric acid is utilized primarily as a means of preventing emissions to the atmosphere of sulfur dioxide or other sulfur compounds.

                K.            "Ton" means 2,000 pounds.

[11/30/95; 20.2.40.7 NMAC - Rn, 20 NMAC 2.40.107 10/31/02]

 

20.2.40.8               AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS:  This Part amends and supersedes Air Quality Control Regulation ("AQCR") 651 -- Sulfuric Acid Production Units -- Sulfur Dioxide, Acid Mist and Visible Emissions last filed November 17, 1993:

                A.            All references to AQCR 651 in any other rule shall be construed as a reference to this Part.

                B.            The amendment and supersession of AQCR 651 shall not affect any administrative or judicial enforcement action pending on the effective date of such amendment nor the validity of any permit issued pursuant to AQCR 651.

[11/30/95; 20.2.40.8 NMAC - Rn, 20 NMAC 2.40.106 10/31/02]

 

20.2.40.9               DOCUMENTS:  Documents cited in this Part may be viewed at the New Mexico Environment Department, Air Quality Bureau, Harold Runnels Building, 1190 St. Francis Drive, Santa Fe, NM  87505 [2048 Galisteo St., Santa Fe, NM 87505].

[11/30/95; 20.2.40.9 NMAC - Rn, 20 NMAC 2.40.108 10/31/02]

 

20.2.40.10 to 20.2.40.108  [RESERVED]

 

20.2.40.109          EXISTING UNITS:

                A.            The owner or operator of an existing sulfuric acid production unit located within the Pecos-Permian Basin Intrastate Air Quality Control Region shall not permit, cause, suffer or allow sulfur dioxide emissions to the atmosphere in excess of 575 pounds per hour, with a minimum stack height of 40 meters, or acid mist emissions in excess of 0.5 pounds per ton of sulfuric acid produced.  Stack height shall meet standards for good engineering practice.

                B.            The owner or operator of an existing sulfuric acid production unit located outside the Pecos-Permian Basin Intrastate Air Quality Control Region shall not permit, cause, suffer or allow sulfur dioxide emissions to the atmosphere in excess of 680 pounds per hour, or acid mist emissions in excess of 0.5 pounds per ton of sulfuric acid produced.

[11/30/95; 20.2.40.109 NMAC - Rn, 20 NMAC 2.40.109 10/31/02]

 

20.2.40.110          COMPLIANCE:  Compliance with sulfur dioxide and acid mist emission limitations of this Part shall be determined consistent with the method and procedures specified by the US EPA in 40 CFR Section 60.85 or any other equivalent method and procedures receiving prior approval from the Department and the US EPA.  Upon request of the Department, the owner or operator of sulfuric acid production units subject to this regulation shall perform stack testing for sulfur dioxide and acid mist emissions according to the method stated above and report the results of such tests in the format and time period specified by the Department.  The owner or operator shall inform the Department of the dates and times of such testing so that the Department may have opportunity to have an observer present during testing.

[11/30/95; 20.2.40.110 NMAC - Rn, 20 NMAC 2.40.110 10/31/02]

 

20.2.40.111          VISIBLE EMISSIONS:  Opacity of visible emissions from existing sulfuric acid production units shall be determined consistent with the method set forth by the US EPA in 40 CFR Part 60, Appendix A, Method 9 or any other equivalent method receiving prior approval from the Department and the US EPA.  The time period for taking opacity readings shall be for a minimum of six minutes.

[11/30/95; 20.2.40.111 NMAC - Rn, 20 NMAC 2.40.111 10/31/02]

 

20.2.40.112          MONITORING:

                A.            The owner or operator of an existing sulfuric acid production unit shall not permit, cause, suffer or allow operation of the sulfuric acid production unit without maintaining in good operating condition a monitor which continuously measures and records the sulfur dioxide concentration in the gases within the stack from which the gases are emitted to the atmosphere.  The sampling point for monitoring emissions and the method for determining the volumetric flow rate of the gases shall be approved by the Department.  Instruments and sampling systems installed and used pursuant to this section shall be calibrated in accordance with the methods prescribed by the manufacturer's recommended zero adjustment and calibration check procedures at least once every 24 hours of operation, unless the manufacturer specifies or recommends more frequent calibration checks.  The owner or operator of a sulfuric acid production unit shall retain for a period of two years all raw data and quality assurance measurements and procedures.  This section is applicable to existing sulfuric acid production units after December 31, 1980.

                B.            Instruments and sampling systems installed and used pursuant to subsection A of 20.2.40.112 NMAC shall be installed, operated and maintained in accordance with the performance specifications and other requirements set forth by the US EPA in 40 CFR Section 60.84.  The continuous emission monitoring system shall complete a minimum of one cycle of operation (sampling, analyzing, and data recording) for each successive 15-minute period.  In the event that significant repair work is performed on the monitoring system, the owner or operator of a sulfuric acid production unit shall demonstrate to the Department that the system continues to meet applicable performance specifications.  The Department may require the owner or operator to conduct performance tests as specified at 40 CFR Part 60, Appendix B at any time that the Department determines that such a test is necessary to verify the performance of the monitoring system.  An alternative means of verifying the performance of the monitoring system may be used if approved by the Department and the US EPA.  The Department may also perform independent audits on the continuous monitoring system using the method referenced above, or other applicable methods.

[11/30/95; 20.2.40.112 NMAC - Rn, 20 NMAC 2.40.112 10/31/02]

 

20.2.40.113          REPORTING:  To aid the Department in determining compliance with this Part, persons owning or operating existing sulfuric acid production units subject to this Part shall submit quarterly reports to the Department for the periods January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31 of each year; each report to be received by the Department within 45 days of the end of the quarterly period.  The quarterly reports shall contain:

                A.            For each day that the plant is operating, the maximum 3-hour integrated average sulfur dioxide emissions, expressed in terms of pounds of sulfur dioxide per hour; and

                B.            All 3-hour periods during which the integrated average sulfur dioxide emissions exceed the sulfur dioxide emission limit.

[11/30/95; 20.2.40.113 NMAC - Rn, 20 NMAC 2.40.113 10/31/02]

 

HISTORY OF 20.2.40 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the commission of public records-state records center and archives:

AQCR 651, Sulfuric Acid Plants - Sulfur, 02/17/72;

AQCR 651, Sulfuric Acid Production Units - Sulfur Dioxide, Acid Mist And Visible Emissions, 01/30/80;

AQCR 651, Air Quality Control Regulation 651 -- Sulfuric Acid Production Units -- Sulfur Dioxide, Acid Mist And Visible Emissions, 04/29/81;

EIB/AQCR 651, Air Quality Control Regulation 651 -- Sulfuric Acid Production Units -- Sulfur Dioxide, Acid Mist And Visible Emissions, 07/15/86;

EIB/AQCR 651, Air Quality Control Regulation 651 -- Sulfuric Acid Production Units -- Sulfur Dioxide, Acid Mist And Visible Emissions, 11/17/93.

 

History of Repealed Material:  [RESERVED]

 

Other History:

EIB/AQCR 651, Air Quality Control Regulation 651 -- Sulfuric Acid Production Units -- Sulfur Dioxide, Acid Mist And Visible Emissions, filed 11/17/93 was renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.40, Sulfuric Acid Production Units -- Sulfur Dioxide, Acid Mist And Visible Emissions, filed 10/30/95.

20 NMAC 2.40, Sulfuric Acid Production Units -- Sulfur Dioxide, Acid Mist And Visible Emissions, filed 10/30/95 was renumbered, reformatted and replaced by 20.2.40 NMAC, Sulfuric Acid Production Units -- Sulfur Dioxide, Acid Mist And Visible Emissions, effective 10/31/02.

 

 
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TITLE 20               ENVIRONMENTAL PROTECTION

CHAPTER 2         AIR QUALITY (STATEWIDE)

PART 39               SULFUR RECOVERY PLANT - SULFUR

 

 

20.2.39.1               ISSUING AGENCY:  Environmental Improvement Board.

[11/30/95; 20.2.39.1 NMAC - Rn, 20 NMAC 2.39.100 10/31/02]

 

20.2.39.2               SCOPE: All geographic areas within the jurisdiction of the Environmental Improvement Board.

[11/30/95; 20.2.39.2 NMAC - Rn, 20 NMAC 2.39.101 10/31/02]

 

20.2.39.3               STATUTORY AUTHORITY: Environmental Improvement Act, NMSA 1978, section 74-1-8(A)(4) and (7), and Air Quality Control Act, NMSA 1978, sections 74-2-1 et seq., including specifically, section 74-2-5(A), (B), and (C).

[11/30/95; 20.2.39.3 NMAC - Rn, 20 NMAC 2.39.102 10/31/02]

 

20.2.39.4               DURATION: Permanent.

[11/30/95; 20.2.39.4 NMAC - Rn, 20 NMAC 2.39.103 10/31/02]

 

20.2.39.5               EFFECTIVE DATE:  November 30, 1995.

[11/30/95; 20.2.39.5 NMAC - Rn 20 NMAC 2.39.104 10/31/02]

[The latest effective date of any section in this Part is 10/31/02.]

 

20.2.39.6               OBJECTIVE:  The objective of this Part is to establish sulfur emission standards for sulfur recovery plants which are not part of petroleum or natural gas processing facilities.

[11/30/95; 20.2.39.6 NMAC - Rn, 20 NMAC 2.39.105 10/31/02]

 

20.2.39.7               DEFINITIONS:  In addition to the terms defined in 20.2.2 NMAC (Definitions), as used in this Part:

                A.            "Part" means an air quality control regulation under Title 20, Chapter 2 of the New Mexico Administrative Code, unless otherwise noted; as adopted or amended by the Board.

                B.            "Sulfur" means elemental sulfur and the sulfur component of any mixture or compound.

[11/30/95; 20.2.39.7 NMAC - Rn, 20 NMAC 2.39.107 10/31/02]

 

20.2.39.8               AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS:  This Part amends and supersedes Air Quality Control Regulation ("AQCR") 632, -- Sulfur Recovery Plant -- Sulfur last filed February 8, 1983.

                A.            All references to AQCR 632 in any other rule shall be construed as a reference to this Part.

                B.            The amendment and supersession of AQCR 632 shall not affect any administrative or judicial enforcement action pending on the effective date of such amendment nor the validity of any permit issued pursuant to AQCR 632.

[11/30/95; 20.2.39.8 NMAC - Rn, 20 NMAC 2.39.106 10/31/02]

 

20.2.39.9               DOCUMENTS:  Documents cited in this Part may be viewed at the New Mexico Environment Department, Air Quality Bureau, Runnels Building, 1190 Saint Francis Drive, Santa Fe, NM  87505 [2048 Galisteo St., Santa Fe, NM 87505].

[11/30/95; 20.2.39.9 NMAC - Rn, 20 NMAC 2.39.108 10/31/02]

 

20.2.39.10 to 20.2.39.109  [RESERVED]

 

20.2.39.110          EXISTING SULFUR RECOVERY PLANT:  The owner or operator of an existing (the fabrication, erection, or installation of which was commenced before August 14, 1974) sulfur recovery plant shall not permit, cause, suffer or allow at any time sulfur emissions to the atmosphere in excess of 12 pounds of sulfur for every 100 pounds of sulfur introduced into the plant.

[11/30/95; 20.2.39.110 NMAC - Rn, 20 NMAC 2.39.110 10/31/02]

 

20.2.39.111          SULFUR RECOVERY PLANT -- LESS THAN 20 TONS PER DAY OF SULFUR:  The owner or operator of a new (the fabrication, erection, installation, or modification of which was commenced on or after August 14, 1974) sulfur recovery plant that introduces less than twenty tons a day of sulfur into the plant shall not permit, cause, suffer or allow at any time sulfur emissions to the atmosphere in excess of 10 pounds of sulfur for every 100 pounds of sulfur introduced into the plant.

[11/30/95; 20.2.39.111 NMAC - Rn, 20 NMAC 2.39.111 10/31/02]

 

20.2.39.112          SULFUR RECOVERY PLANT -- MORE THAN 20 TONS PER DAY OF SULFUR:  The owner or operator of a new (the fabrication, erection, installation, or modification of which was commenced on or after August 14, 1974) sulfur recovery plant that introduces twenty tons a day or greater of sulfur into the plant shall not permit, cause, suffer or allow at any time sulfur emissions to the atmosphere in excess of 2 pounds of sulfur for every 100 pounds of sulfur introduced into the plant.

[11/30/95; 20.2.39.112 NMAC - Rn, 20 NMAC 2.39.112 10/31/02]

 

20.2.39.113          SULFUR RECOVERY PLANTS OTHERWISE REGULATED:  This Part shall not apply to a sulfur recovery plant for which a sulfur emission limitation is established by any other air quality control regulation.  For purposes of this section, the establishment by an air quality control regulation of a limitation on the amount of hydrogen sulfide that may be emitted is not the establishment of a sulfur emission limitation.

[11/30/95; 20.2.39.113 NMAC - Rn, 20 NMAC 2.39.113 10/31/02]

 

20.2.39.114          REPORTING REQUIREMENTS:

                A.            To aid the Department in determining compliance with this Part, the owner or operator of a sulfur recovery plant to which this Part applies shall submit to the Department quarterly reports for the periods January l through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31 of each year, each report to be received by the Department within 45 days of the end of the quarterly period.  The quarterly report shall contain the following:

                    (1)     the sulfur content of feedstock entering the sulfur recovery plant, determined no less frequently than weekly;

                    (2)     the weight of the recovered sulfur, determined no less frequently than weekly; and

                    (3)     the concentration of sulfur dioxide and hydrogen sulfide in the exit gas stream or streams, determined no less frequently than monthly.

                B.            When the sulfur recovery plant has at some time during the quarterly period operated under the provisions of 20.2.7 NMAC (Excess Emissions During Malfunction, Startup, Shutdown, or Scheduled Maintenance), and complied with the notification requirements of that regulation, quantities and time periods involved in the quarterly reports may be modified to exclude the time periods and the quantities involved during those time periods if the quantities are determined separately for those time periods and submitted in the quarterly report.

[11/30/95; 20.2.39.114 NMAC - Rn, 20 NMAC 2.39.114 10/31/02]

 

HISTORY OF 20.2.39 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the Commission of Public Records-State Records Center and Archives.

AQCR 621-632, Air Quality Control Regulations - 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, and 632, 07/15/74.

AQCR 632, Air Quality Control Regulation 632 - Sulfur Recovery Plant - Sulfur, 02/08/83

 

History of Repealed Material:  [RESERVED]

 

Other History:

AQCR 632, Air Quality Control Regulation 632 - Sulfur Recovery Plant - Sulfur, 02/08/83, was renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.39, Sulfur Recovery Plant - Sulfur, filed 10/30/95.

20 NMAC 2.39, Sulfur Recovery Plant - Sulfur, filed 10/30/95 was renumbered, reformatted and replaced by 20.2.39 NMAC, Sulfur Recovery Plant - Sulfur, effective 10/31/02.

 

 
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TITLE 20               ENVIRONMENTAL PROTECTION

CHAPTER 2         AIR QUALITY (STATEWIDE)

PART 38               HYDROCARBON STORAGE FACILITIES

 

 

20.2.38.1               ISSUING AGENCY: Environmental Improvement Board.

[11/30/95; 20.2.38.1 NMAC - Rn, 20 NMAC 2.38.100 10/31/02]

 

20.2.38.2               SCOPE:  All geographic areas within the jurisdiction of the Environmental Improvement Board.

[11/30/95; 20.2.38.2 NMAC - Rn, 20 NMAC 2.38.101 10/31/02]

 

20.2.38.3               STATUTORY AUTHORITY:  Environmental Improvement Act, NMSA 1978, section 74-1-8(A)(4) and (7), and Air Quality Control Act, NMSA 1978, sections 74-2-1 et seq., including specifically, section 74-2-5(A), (B), and (C).

[11/30/95; 20.2.38.3 NMAC - Rn, 20 NMAC 2.38.102 10/31/02]

 

20.2.38.4               DURATION:  Permanent.

[11/30/95; 20.2.38.4 NMAC - Rn, 20 NMAC 2.38.103 10/31/02]

 

20.2.38.5               EFFECTIVE DATE:  November 30, 1995.

[11/30/95; 20.2.38.5 NMAC - Rn, 20 NMAC 2.38.104 10/31/02]

[The latest effective date of any section in this Part is 10/31/02.]

 

20.2.38.6               OBJECTIVE:  The objective of this Part is to minimize hydrogen sulfide emissions from hydrocarbon storage facilities.

[11/30/95; 20.2.38.6 NMAC - Rn, 20 NMAC 2.38.105 10/31/02]

 

20.2.38.7               DEFINITIONS:  In addition to the terms defined in 20.2.2 NMAC (Definitions), as used in this Part:

                A.            "New hydrocarbon storage facility" means any hydrocarbon storage facility, or part thereof, the fabrication, erection, installation, or modification of which is commenced on or after  January 1, 1975.

                B.            "New tank battery" means any tank battery, or part thereof, the fabrication, erection, installation, or modification of which is commenced on or after January 1, 1975.

                C.            "Part" means an air quality control regulation under Title 20, Chapter 2 of the New Mexico Administrative Code, unless otherwise noted; as adopted or amended by the Board.

                D.            "Petroleum production facility" includes tank batteries, separators and heater-treaters used in producing or storing any crude oil, condensate or natural gas that has been extracted from a well.

                E.             "Tank battery" means a tank or group of tanks that receive crude oil or condensate from a well for storage until shipment.

[11/30/95; 20.2.38.7 NMAC - Rn, 20 NMAC 2.38.107 10/31/02]

 

20.2.38.8               AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS:  This Part amends and supersedes Air Quality Control Regulation ("AQCR") 631, -- Hydrocarbon Storage Facilities last filed February 8, 1983.

                A.            All references to AQCR 631 in any other rule shall be construed as a reference to this Part.

                B.            The amendment and supersession of AQCR 631 shall not affect any administrative or judicial enforcement action pending on the effective date of such amendment nor the validity of any permit issued pursuant to AQCR 631.

[11/30/95; 20.2.38.8 NMAC - Rn, 20 NMAC 2.38.106 10/31/02]

 

20.2.38.9               DOCUMENTS:  Documents cited in this Part may be viewed at the New Mexico Environment Department, Air Quality Bureau, Runnels Building, 1190 Saint Francis Drive, Santa Fe, NM  87505 [2048 Galisteo St., Santa Fe, NM 87505].

[11/30/95; 20.2.38.9 NMAC - Rn, 20 NMAC 2.38.108 10/31/02]

 

20.2.38.10 to 20.2.38.108  [RESERVED]

 

20.2.38.109          TANK STORAGE ASSOCIATED WITH PETROLEUM PRODUCTION OR PROCESSING FACILITY:  The owner or operator shall not place, hold or store hydrocarbons containing hydrogen sulfide in a container associated with a petroleum production facility or petroleum processing facility and having a capacity of 20,000 gallons or greater with a throughput of at least 30,000 gallon per week, unless the container is equipped with:

                A.            a method of discharging the hydrocarbons into the container below the liquid level; or

                B.            any other method or device equally effective to minimize hydrocarbon and hydrogen sulfide loss to the atmosphere.

[11/30/95; 20.2.38.109 NMAC - Rn, 20 NMAC 2.38.109 10/31/02]

 

20.2.38.110          TANK BATTERY OR STORAGE FACILITY -- WITHIN MUNICIPALITY:  The owner or operator of, within the corporate limits of a municipality, a tank battery having a throughput greater than 10,000 barrels (420,000 gallons) per year operated in conjunction with a petroleum production facility, or a hydrocarbon storage facility operated in conjunction with a petroleum processing facility, shall not place, store or hold in a stationary tank or other container any hydrocarbon liquids, the vapor of which contains at any time 24 ppm or more of hydrogen sulfide unless the tank or other container is equipped with:

                A.            a well-maintained vapor-recovery system consisting of:

                    (1)     a vapor-gathering system capable of collecting the vapor and gases discharged; and

                    (2)     a vapor-disposal system capable of processing the vapor and gases so as to minimize emission of sulfur compounds to the atmosphere; or

                B.            any other device that is at least as efficient to  minimize the loss of vapor or gas containing sulfur or its compounds to the atmosphere; or

                C.            a floating roof, consisting of an external floating roof, internal floating cover or covered floating roof, which is  equipped with a closure seal or seals maintained in good repair to close the space between the roof or cover edge and tank wall, if the stationary tank or other container is equipped with a floating roof on January 1, 1974.

[11/30/95; 20.2.38.110 NMAC - Rn, 20 NMAC 2.38.110 10/31/02]

 

20.2.38.111          TANK BATTERY OR STORAGE FACILITY -- WITHIN FIVE MILES OF MUNICIPALITY OF TWENTY THOUSAND OR MORE:  The owner or operator of, within five miles, of the corporate limits of a municipality that has a population of twenty thousand or greater, a tank battery having a throughput greater than 50,000 barrels (2,100,000 gallons) per year operated in conjunction with a petroleum production facility, or a hydrocarbon storage facility operated in conjunction with a petroleum processing facility, shall not place, store, or hold in a stationary tank or other container any hydrocarbon liquids the vapor of which contains at any time 24 ppm or more of hydrogen sulfide unless the tank or other container is equipped as required in 20.2.38.110 NMAC.

[11/30/95; 20.2.38.111 NMAC - Rn, 20 NMAC 2.38.111 10/31/02]

 

20.2.38.112          NEW TANK BATTERY -- MORE THAN 65,000 GALLONS CAPACITY:  The owner or operator of a new tank battery operated in conjunction with a petroleum production facility shall not place, store, or hold in a stationary tank or other container, if the tank battery has a storage capacity of 65,000 gallons or greater, any hydrocarbon liquid unless the tank or other container is equipped with:

                A.            a floating roof, consisting of an external floating roof, internal floating cover or covered floating roof, which is  equipped with a closure seal or seals maintained in good repair to close the space between the roof or cover edge and tank wall; or

                B.            a well-maintained vapor-recovery system consisting of:

                    (1)     a vapor-gathering system capable of collecting the organic compound vapors and gases discharged; and

                    (2)     a vapor-disposal system capable of collecting the organic vapor and gases so as to minimize their emission to the  atmosphere; or

                C.            any other device which is at least as effective to minimize vapor or gas loss to the atmosphere.

[11/30/95; 20.2.38.112 NMAC - Rn, 20 NMAC 2.38.112 10/31/02]

 

20.2.38.113          NEW TANK BATTERY AND THE PECOS-PERMIAN INTERSTATE AIR QUALITY CONTROL REGION:  The owner or operator of a new tank battery operated in conjunction with a petroleum production facility, or a new hydrocarbon storage facility operated in conjunction with a petroleum processing facility, located outside the Pecos-Permian intrastate air quality control region, located within the corporate limits of any municipality within the state or located within five miles of the corporate limits of any municipality within the state that has a population of twenty thousand or greater shall not place, store, or hold in a stationary tank or other container any hydrocarbon liquid, the vapor of which contains at any time 24 ppm or more of hydrogen sulfide, unless the tank or other container is equipped with:

                A.            a well-maintained vapor-recovery system consisting of:

                    (1)     a vapor-gathering system capable of collecting the vapors and gases discharged; and

                    (2)     a vapor-disposal system capable of processing the vapors and gases so as to minimize emission of sulfur compounds to the atmosphere; or

                B.            any other device that is at least as effective to  minimize the loss of vapor or gas containing sulfur or its compounds to the atmosphere.

[11/30/95; 20.2.38.113 NMAC - Rn, 20 NMAC 2.38.113 10/31/02]

 

HISTORY OF 20.2.38 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the Commission of Public Records-State Records Center and Archives.

AQCR 621-632, Air Quality Control Regulations - 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, and 632, 07/15/74.

AQCR 631, Air Quality Control Regulation 631 - Hydrocarbon Storage Facilities, 02/08/83

 

History of Repealed Material:  [RESERVED]

 

Other History:

AQCR 631, Air Quality Control Regulation 631 - Hydrocarbon Storage Facilities, filed 02/08/83, was renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.38, Hydrocarbon Storage Facilities, filed 10/30/95.

20 NMAC 2.38, Hydrocarbon Storage Facilities, filed 10/30/95 was renumbered, reformatted and replaced by 20.2.38 NMAC, Hydrocarbon Storage Facilities, effective 10/31/02.

 

 
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TITLE 20               ENVIRONMENTAL PROTECTION

CHAPTER 2         AIR QUALITY (STATEWIDE)

PART 37               PETROLEUM PROCESSING FACILITIES

 

 

20.2.37.1               ISSUING AGENCY:  Environmental Improvement Board.

[11/30/95; 20.2.37.1 NMAC - Rn, 20 NMAC 2.37.100 10/31/02]

 

20.2.37.2               SCOPE:  All geographic areas within the jurisdiction of the Environmental Improvement Board.

[11/30/95; 20.2.37.2 NMAC - Rn, 20 NMAC 2.37.101 10/31/02]

 

20.2.37.3               STATUTORY AUTHORITY:  Environmental Improvement Act, NMSA 1978, section 74-1-8(A)(4) and (7), and Air Quality Control Act, NMSA 1978, sections 74-2-1 et seq., including specifically, section 74-2-5(A), (B), and (C).

[11/30/95; 20.2.37.3 NMAC - Rn, 20 NMAC 2.37.102 10/31/02]

 

20.2.37.4               DURATION:  Permanent.

[11/30/95; 20.2.37.4 NMAC - Rn, 20 NMAC 2.37.103 10/31/02]

 

20.2.37.5               EFFECTIVE DATE:  November 30, 1995.

[11/30/95; 20.2.37.5 NMAC - Rn, 20 NMAC 2.37.104 10/31/02]

[The latest effective date of any section in this Part is 10/31/02.]

 

20.2.37.6               OBJECTIVE: The objective of this Part is to minimize emissions from petroleum or natural gas processing facilities.

[11/30/95; 20.2.37.6 NMAC - Rn, 20 NMAC 2.37.105 10/31/02]

 

20.2.37.7               DEFINITIONS:  In addition to the terms defined in 20.2.2 NMAC (Definitions), as used in this Part:

                A.            "Catalytic cracking" means a process which converts, at temperatures above 500 degrees Fahrenheit, petroleum-type hydrocarbons, which are liquids at normal temperatures and pressures, to lower molecular weight products in the absence of hydrogen and with a continuously regenerated catalyst.

                B.            "Existing petroleum processing facility" means any petroleum refinery or natural gas processing plant the fabrication, erection, or installation of which was commenced prior to July 1, 1974.  It does not include tank batteries, separators, heater-treaters or field compressors.

                C.            "New petroleum processing facility" means any petroleum refinery, natural gas processing plant, or part thereof, the fabrication, installation, or modification of which is commenced on or after July 1, 1974.  It does not include tank batteries, separators, heater-treaters or field compressors.

                D.            "Part" means an air quality control regulation under Title 20, Chapter 2 of the New Mexico Administrative Code, unless otherwise noted; as adopted or amended by the Board.

[11/30/95; 20.2.37.7 NMAC - Rn, 20 NMAC 2.37.107 10/31/02]

 

20.2.37.8               AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS:

                A.            This Part amends and supersedes Air Quality Control Regulations ("AQCRs"):

                    (1)     623 -- Petroleum Processing Facilities -- Mercaptan last filed February 8, 1983:

                    (2)     624 -- Petroleum Processing Facilities -- Carbon Monoxide last filed February 8, 1983;

                    (3)     625 -- Petroleum Processing Facilities -- Particulate Matter last filed July 24, 1984;

                    (4)     626 -- Petroleum Processing Facilities -- Ammonia last filed February 8, 1983;

                    (5)     627 -- Petroleum Processing Facilities -- Sulfur Recovery Plant -- Hydrogen Sulfide last filed February 8, 1983;

                    (6)     628 -- Petroleum Processing Facilities -- Sulfur Recovery Plant -- Hydrogen Sulfide Alarm System last filed February 8, 1983;

                    (7)     629 -- Petroleum Processing Facilities -- Hydrocarbon Separation Facility last filed July 24, 1984; and

                    (8)     630 -- Petroleum Processing Facilities -- Storage -- Handling -- Pumping -- Blowdown System last filed July 24, 1984.

                B.            All references to these AQCRs in any other rule shall be construed as a reference to this Part.

                C.            The amendment and supersession of AQCRs shall not affect any administrative or judicial enforcement action pending on the effective date of such amendment nor the validity of any permit issued pursuant to these AQCRs.

[11/30/95; 20.2.37.8 NMAC - Rn, 20 NMAC 2.37.106 10/31/02]

 

20.2.37.9               DOCUMENTS:  Documents cited in this Part may be viewed at the New Mexico Environment Department, Air Quality Bureau, Harold Runnels Building, 1190 Saint Francis Drive, Santa Fe, NM  87505 [2048 Galisteo St., Santa Fe, NM 87505].

[11/30/95; 20.2.37.9 NMAC - Rn, 20 NMAC 2.37.108 10/31/02]

 

20.2.37.10 to 20.2.37.199  [RESERVED]

 

20.2.37.200          MERCAPTAN AND HYDROGEN SULFIDE:

                A.            Mercaptan:  The owner or operator of a petroleum processing facility shall not permit, cause, suffer or allow mercaptan emissions to the atmosphere unless:

                    (1)     the total mercaptan emissions do not exceed 0.25 pounds per hour; or

                    (2)     the gas stream containing mercaptan has passed through a steam condenser (if necessary to achieve combustion) and combustion device which is well maintained and designed to achieve complete combustion or any other device which is at least as efficient to prevent mercaptan emissions to the atmosphere.

                B.            Sulfur recovery plant:  Hydrogen sulfide:  The owner or operator of a petroleum or processing facility, sulfur recovery plant, the feedstock of which is in whole or in part a product of petroleum processing shall not permit, cause, suffer or allow hydrogen sulfide emissions to the atmosphere unless:

                    (1)     the stack emissions do not exceed 10 ppm by volume in the undiluted effluent gas stream or streams; or

                    (2)     the effluent gas stream containing hydrogen sulfide is passed through a device capable of oxidizing the hydrogen sulfide to sulfur dioxide.

                C.            Sulfur recovery plant:  Hydrogen sulfide alarm system:  The owner or operator of a petroleum processing facility or sulfur recovery plant commencing operation after January 1, 1975, shall not flare gas containing more than 10 ppm of hydrogen sulfide without maintaining in good working order an alarm system connected to the flare which will signal non-combustion of the gas.

[11/30/95; 20.2.37.200 NMAC - Rn, 20 NMAC 2.37.200 10/31/02]

 

20.2.37.201          CARBON MONOXIDE:

                A.            Existing facility:  The owner or operator of an existing petroleum processing facility shall not permit, cause, suffer or allow carbon monoxide emissions to the atmosphere from a catalyst cracking recirculation or regeneration unit in excess of 20,000 ppm by volume in the undiluted effluent gas stream or streams.

                B.            New facility:  The owner or operator of a new petroleum processing facility shall not permit, cause, suffer or allow carbon monoxide emissions to the atmosphere in excess of 500 ppm by volume in the undiluted effluent gas stream or streams.

[11/30/95; 20.2.37.201 NMAC - Rn, 20 NMAC 2.37.201 10/31/02]

 

20.2.37.202          PARTICULATE MATTER:

                A.            Petroleum processing facility:  general:  The owner or operator of a petroleum processing facility shall not permit, cause, suffer or allow particulate matter emission to the atmosphere in excess of 0.05 grains per dry standard cubic foot of exit gas exclusive of emissions from catalyst cracking recirculation and regeneration units and tube carbon removal.

                B.            Existing catalyst cracking regeneration unit:  The owner or operator of an existing (the fabrication, erection or installation of which was commenced prior to August 14, 1974) catalyst cracking recirculation or regeneration unit or tube carbon removal process operated in conjunction with a petroleum processing facility shall not permit, cause, suffer or allow emissions during regeneration or cleaning to:

                    (1)     equal or exceed an opacity of 40% except for a period not to exceed five minutes during which the opacity is not to exceed 60%.  The five minute period during which the opacity exceeds 40%, but may not exceed 60%, may not occur more frequently than three times per day; or

                    (2)     consist of one hundred pounds or more of particulate matter per hour.

                C.            New facility:  catalyst cracking regeneration unit:

                    (1)     The owner or operator of a new petroleum processing facility shall not permit, cause, suffer or allow particulate matter emissions to the atmosphere from the catalytic cracking regenerator vessel in excess of 1.0 Kg/1000 Kg (1.0 lb/1000 lb) of coke burnoff or visible emissions of thirty percent (30%) opacity or greater except for one six-minute average opacity reading in any one-hour period:

                    (2)     Where the gases discharged by the catalytic cracking regenerator vessel pass through an incinerator or waste heat boiler in which auxiliary or supplemental liquid or solid fossil fuel is burned, particulate matter in excess of the 1.0 Kg/1000 Kg (1.0 lb/1000 lb) coke burnoff emission rate may be emitted to the atmosphere, except that the incremental rate of particulate matter emissions shall not exceed 43.0 g/MJ (0.10 lb/million Btu) of heat input attributed to such liquid or solid fossil fuel;

                D.            Determination methods:

                    (1)     Opacity:  Opacity of visible emissions from a catalytic cracking regenerator vessel shall be determined consistent with the method set forth by the US EPA in 40 CFR Part 60, Appendix A, Method 9, or any other equivalent method receiving prior approval from the Department.  The time period for taking opacity readings shall be for a minimum of six minutes;

                    (2)     Compliance:  Compliance with the particulate emission limitation set forth in this Part shall be determined consistent with the methods and procedures set forth by the US EPA in 40 CFR, Part 60, Subpart J, Section 60.106, or any other equivalent methods or procedures receiving prior approval from the Department.  A test method shall consist of three runs, each run consisting of a sample of 30 dry standard cubic feet (68 degrees Fahrenheit, 29.92 inches of Hg).  Test results from the three runs shall be averaged in the determination of the emission limit.  Upon the request of the Department, the owner or operator shall perform stack testing according to the method stated above.  The owner or operator shall report the results of such tests in the format and time period specified by the Department.  The owner or operator shall inform the Department of the dates and time of such testing so that the Department may have the opportunity to have an observer present during testing.

                    (3)     Emission limitations:  Particulate matter emission limitations established by this Part shall be determined by a method consistent with the method set forth by the US EPA in 36 Federal Register 24888-24890 or any other method that the Department has determined to be of equal or greater accuracy.

[11/30/95; 20.2.37.202 NMAC - Rn, 20 NMAC 2.37.202 10/31/02]

 

20.2.37.203          AMMONIA:  The owner or operator of a petroleum processing facility shall not permit, cause, suffer or allow ammonia emissions to the atmosphere in excess of 25 ppm by volume in the undiluted effluent gas stream or streams.

[11/30/95; 20.2.37.203 NMAC - Rn, 20 NMAC 2.37.203 10/31/02]

 

20.2.37.204          HYDROCARBON SEPARATION FACILITY:

                A.            The owner or operator of an existing petroleum processing facility that processes ten thousand b.s.d. (barrel stream day) or more of crude oil or condensate feedstock or produces waste liquor containing six hundred gallons a day or more of hydrocarbons shall not permit, cause, suffer or allow discharge of any waste liquor containing hydrocarbons without first having treated the liquor in:

                    (1)     a hydrocarbon separation facility that is maintained in good working order; or

                    (2)     any other device which is at least as efficient to prevent hydrocarbon discharge to the atmosphere.

                B.            The owner or operator of  a new petroleum processing facility that produces waste liquor containing 600 gallons a day or more of hydrocarbons or processes ten thousand b.s.d. (barrel stream day) or more of crude oil or condensate feedstock, shall not permit, cause, suffer or allow discharge of any waste liquor containing hydrocarbons without first having treated the liquor in:

                    (1)     a hydrocarbon separation facility that is maintained in good working order and equipped with a complete roof cover enclosing the liquid contents; or

                    (2)     any other device is at least as efficient to prevent hydrocarbon discharge to the atmosphere.

[11/30/95; 20.2.37.204 NMAC - Rn, 20 NMAC 2.37.204 10/31/02]

 

20.2.37.205          FACILITIES – STORAGE – HANDLING – PUMPING – BLOWDOWN SYSTEM:

                A.            Existing facility - tanks:  The owner or operator of an existing petroleum processing facility shall not place, store, or hold in a stationary tank or other container having a storage capacity equal to or greater than 250,000 gallons:

                    (1)     any organic compound having a true vapor pressure greater than 11.0 pounds per square inch under maximum actual storage pressure conditions, unless the tank or other container is:

                              (a)     a pressure vessel capable of maintaining working pressures sufficient at all times to minimize vapor or gas loss to the atmosphere; or

                              (b)     equipped with any other system which is at least as efficient at all times to minimize vapor or gas loss to the atmosphere; or

                    (2)     any organic compounds having a true vapor pressure of 3.0 through 11.0 pounds per square inch under maximum actual storage pressure conditions, unless the tank or other container is designed, equipped and maintained with:

                              (a)     a floating roof, consisting of an external floating roof, internal floating cover, or covered floating roof, which is equipped with a closure seal or seals maintained in good repair to close the space between the roof or cover edge and tank wall;

                              (b)     a well-maintained vapor-recovery system consisting of:  (1) a vapor-gathering system capable of collecting the organic compound vapors and gases discharged; and (2) a vapor-disposal system capable of processing the organic vapors and gases so as to minimize their emission to the atmosphere; or

                              (c)     any other device which is at least as efficient at all times to minimize vapor or gas loss to the atmosphere.

                B.            New facility - tanks:  The owner or operator of a new petroleum processing facility shall not place, store or hold in a stationary tank or other container having a storage capacity equal to or greater than 65,000 gallons:

                    (1)     any organic compound having a true vapor pressure greater than 11.0 pounds per square inch under maximum actual storage pressure conditions, unless the tank or other container is:

                              (a)     a pressure vessel capable of maintaining working pressures sufficient at all times to minimize vapor or gas loss to the atmosphere; or

                              (b)     equipped with any other system which is at least as efficient at all times to minimize vapor or gas loss to the atmosphere;

                    (2)     any organic compound having a true vapor pressure of 1.5 through 11.0 pounds per square inch under maximum actual storage pressure conditions, unless the tank or other container is designed, equipped and maintained with:

                              (a)     a floating roof, consisting of an external floating roof, internal floating cover, or covered floating roof, which is equipped with a closure seal or seals maintained in good repair to close the space between the roof or cover edge and tank wall;

                              (b)     a well-maintained vapor recovery system consisting of:

                                        (i)     a vapor-gathering system capable of collecting organic compound vapors and gases discharged; and

                                        (ii)     a vapor-disposal system capable of processing the organic vapor and gases so as to minimize their emissions to the atmosphere; or

                              (c)     any other device which is at least as efficient at all times to minimize vapor or gas loss to the atmosphere;

                    (3)     any organic compound having a true vapor pressure of 1.5 pounds per square inch or greater under maximum actual storage pressure conditions without the tank or other container being equipped with gauging and sampling devices which are gas tight except when gauging or sampling is taking place; or

                    (4)     any organic liquid having a true vapor pressure less than 1.5 pounds per square inch under maximum actual storage pressure conditions without the tank or other container being equipped with a conservation vent or other device is at least as efficient to minimize vapor or gas loss to the atmosphere.

                C.            New facility - loading facility:  The owner or operator of a new petroleum processing facility shall not permit, cause, suffer or allow the loading or unloading into any tank, truck, trailer or tank car any organic compound having a Reid vapor pressure of 1.5 pounds per square inch or greater, unless:

                    (1)     the loading facility is equipped with:

                              (a)     a loading arm having a vapor collection adapter that forces a vapor-tight seal between the adapter and the hatch and having a means of collecting the vented vapors to minimize their emission to the atmosphere that is maintained in good repair; or

                              (b)     any other device which is at least as efficient to prevent vapor or gas loss to the atmosphere; and

                    (2)     a means is provided to prevent organic compound drainage from the loading device when it is removed from the hatch of any tank, truck, trailer, or tank car or to accomplish complete drainage before its removal.

                D.            New facility - pumps and compressors:  The owner or operator of a new petroleum processing facility shall not permit, cause, suffer or allow the use of a rotating pump or compressor which handles any organic compound having a Reid vapor pressure of 1.5 pounds per square inch or greater, unless the pump or compressor is equipped to prevent mechanical seals or other devices of equal or greater efficiency to prevent liquid or vapor losses.

                E.             New facility - blowdown system:  The owner or operator of a new petroleum processing facility shall not permit, cause, suffer or allow the operation of a blowdown system without disposing of the gases in a manner which will minimize hydrocarbon emission to the atmosphere.  If combustion is the means of disposal, it shall be by:

                    (1)     smokeless flare; or

                    (2)     any other method that is equally effective to achieve complete combustion.

                F.             Monitoring and reporting:  To aid the Department in determining compliance with this section, the Department may require the owner or operator of a hydrocarbon storage facility to periodically monitor and report to the Department the temperatures of any hydrocarbon liquid stored in any tank or container governed by this section.

                G.            "True vapor pressure" as used in this section, shall be determined in accordance with methods described in American Petroleum Institute Bulletin 2517, Evaporation Loss from Floating-Roof Tanks.

[11/30/95; 20.2.37.205 NMAC - Rn, 20 NMAC 2.37.205 10/31/02]

 

HISTORY OF 20.2.37 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the Commission of Public Records-State Records Center and Archives.

AQCR 621-632, Air Quality Control Regulations - 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, and 632, 07/15/74.

AQCR 623, Air Quality Control Regulation 623 - Petroleum Processing Facilities - Mercaptan, 02/08/83

AQCR 624, Air Quality Control Regulation 624 - Petroleum Processing Facilities - Carbon Monoxide, 02/08/83

AQCR 625, Air Quality Control Regulation 625 - Petroleum Processing Facilities - Particulate Matter, 08/26/81

AQCR 625, Air Quality Control Regulation 625 - Petroleum Processing Facilities - Particulate Matter, 02/08/83

AQCR 625, Air Quality Control Regulation 625 - Petroleum Processing Facilities - Particulate Matter, 07/24/84

AQCR 626, Air Quality Control Regulation 626 - Petroleum Processing Facilities - Ammonia, 02/08/83

AQCR 627, Air Quality Control Regulation 627 - Petroleum Processing Facilities - Sulfur Recovery Plant - Hydrogen Sulfide, 02/08/83

AQCR 628, Air Quality Control Regulation 628 - Petroleum Processing Facility - Sulfur Recovery Plant - Hydrogen Sulfide Alarm System, 02/08/83

AQCR 629, Air Quality Control Regulation 629 - Petroleum Processing Facilities - Hydrocarbon Separation Facility, 02/08/83

EIB/AQCR 629, Air Quality Control Regulation 629 - Petroleum Processing Facilities - Hydrocarbon Separation Facility, 07/24/84

AQCR 630, Air Quality Control Regulation 630 - Petroleum Processing Facilities - Storage - Handling - Pumping - Blowdown System, 02/08/83

EIB/AQCR 630, Air Quality Control Regulation 630 - Petroleum Processing Facilities - Storage - Handling - Pumping - Blowdown System, 07/24/84

 

History of Repealed Material:  [RESERVED]

 

Other History:

AQCR 623, Air Quality Control Regulation 623 - Petroleum Processing Facilities - Mercaptan, filed 02/08/83;

AQCR 624, Air Quality Control Regulation 624 - Petroleum Processing Facilities - Carbon Monoxide, filed 02/08/83;

AQCR 625, Air Quality Control Regulation 625 - Petroleum Processing Facilities - Particulate Matter, filed 07/24/84

AQCR 626, Air Quality Control Regulation 626 - Petroleum Processing Facilities - Ammonia, filed 02/08/83,

AQCR 627, Air Quality Control Regulation 627 - Petroleum Processing Facilities - Sulfur Recovery Plant - Hydrogen Sulfide, filed 02/08/83

AQCR 628, Air Quality Control Regulation 628 - Petroleum Processing Facility - Sulfur Recovery Plant - Hydrogen Sulfide Alarm System, filed 02/08/83

EIB/AQCR 629, Air Quality Control Regulation 629 - Petroleum Processing Facilities - Hydrocarbon Separation Facility, 07/24/84

EIB/AQCR 630, Air Quality Control Regulation 630 - Petroleum Processing Facilities - Storage - Handling - Pumping - Blowdown System, 07/24/84 were renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.37, Petroleum Processing Facilities, filed 10/30/95.

20 NMAC 2.37, Petroleum Processing Facilities, filed 10/30/95 was renumbered, reformatted and replaced by 20.2.37 NMAC, Petroleum Processing Facilities, effective 10/31/02.

 

 
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TITLE 20               ENVIRONMENTAL PROTECTION

CHAPTER 2         AIR QUALITY (STATEWIDE)

PART 36               PETROLEUM REFINERY - SULFUR

 

 

20.2.36.1               ISSUING AGENCY:  Environmental Improvement Board.

[11/30/95; 20.2.36.1 NMAC - Rn, 20 NMAC 2.36.100 10/31/02]

 

20.2.36.2               SCOPE:  All geographic areas within the jurisdiction of the Environmental Improvement Board.

[11/30/95; 20.2.36.2 NMAC - Rn, 20 NMAC 2.36.101 10/31/02]

 

20.2.36.3               STATUTORY AUTHORITY:  Environmental Improvement Act, NMSA 1978, section 74-1-8(A)(4) and (7), and Air Quality Control Act, NMSA 1978, sections 74-2-1 et seq., including specifically, section 74-2-5(A), (B), and (C).

[11/30/95; 20.2.36.3 NMAC - Rn, 20 NMAC 2.36.102 10/31/02]

 

20.2.36.4               DURATION:  Permanent.

[11/30/95; 20.2.36.4 NMAC - Rn, 20 NMAC 2.36.103 10/31/02]

 

20.2.36.5               EFFECTIVE DATE:  November 30, 1995.

[11/30/95; 20.2.36.5 NMAC - Rn, 20 NMAC 2.36.104 10/31/02]

[The latest effective date of any section in this Part is 10/31/02.]

 

20.2.36.6               OBJECTIVE:  The objective of this Part is to establish sulfur emission standards for petroleum refineries.

[11/30/95; 20.2.36.6 NMAC - Rn, 20 NMAC 2.36.105 10/31/02]

 

20.2.36.7               DEFINITIONS:  In addition to the terms defined in 20.2.2 NMAC (Definitions), as used in this Part:

                A.            "Existing petroleum refinery" means a petroleum refinery the fabrication, erection or installation of which was commenced prior to July 1, 1974, and includes all vessels, boilers, heaters, condensers, cracking units, regeneration units, sour water strippers, wastewater separators, storage and loading facilities, sulfur recovery facilities, flares and other facilities interconnected in their processing operations and used in the processing of crude oil, condensate, pentanes, butanes or similar substances for the purpose of producing gasoline, fuel oil, jet fuel, diesel, asphalt or similar substances. Petroleum refinery does not include natural gas processing plants.

                B.            "New petroleum refinery" means petroleum refinery or part thereof the fabrication, erection, installation, or modification of which is commenced on or after July 1, 1974, and includes all vessels, boilers, heaters, condensers, cracking units, sweetening units, regenerating units, sour water strippers, wastewater separators, storage and loading facilities, sulfur recovery facilities, flares and other facilities interconnected in their processing operations and used in the processing of crude oil, condensate, pentanes, butanes or similar substances for the purpose of producing gasoline, fuel oil, jet fuel, diesel, asphalt or similar substances.  Petroleum refinery does not include natural gas processing plants.

                C.            "Part" means an air quality control regulation under Title 20, Chapter 2 of the New Mexico Administrative Code, unless otherwise noted; as adopted or amended by the Board.

                D.            "Plant processes" includes but is not limited to hydrogenation sweetening units, hydrocracking units, fuel burning equipment including flares and incinerators, sweetening system regeneration units, sour water strippers, and similar sulfur releasing systems. "Plant processes" does not include catalyst cracking regeneration units other than hydrocracking units, or boilers and process heaters if the emissions from these processes when totaled contain less than 2.5 tons of sulfur per day.

                E.             "Sulfur" means elemental sulfur and the sulfur component of any mixture or compound.

                F.             "Ton" means 2000 pounds.

[11/30/95; 20.2.36.7 NMAC - Rn, 20 NMAC 2.36.107 10/31/02]

 

20.2.36.8               AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS:  This Part amends and supersedes Air Quality Control Regulation ("AQCR") 622, -- Petroleum Refinery -- Sulfur last filed July 16, 1986.

                A.            All references to AQCR 622 in any other rule shall be construed as a reference to this Part.

                B.            The amendment and supersession of AQCR 622 shall not affect any administrative or judicial enforcement action pending on the effective date of such amendment nor the validity of any permit issued pursuant to AQCR 622.

[11/30/95; 20.2.36.8 NMAC - Rn, 20 NMAC 2.36.106 10/31/02]

 

20.2.36.9               DOCUMENTS:  Documents cited in this Part may be viewed at the New Mexico Environment Department, Air Quality Bureau, Runnels Building, 1190 Saint Francis Drive, Santa Fe, NM  87505 [2048 Galisteo St., Santa Fe, NM 87505].

[11/30/95; 20.2.36.9 NMAC - Rn, 20 NMAC 2.36.108 10/31/02]

 

20.2.36.10 to 20.2.36.108  [RESERVED]

 

20.2.36.109          EXISTING PETROLEUM REFINERY:  The owner or operator of an existing petroleum refinery shall not permit, cause, suffer or allow total sulfur emissions to the atmosphere in excess of five tons in any 24 hour period.

[11/30/95; 20.2.36.109 NMAC - Rn, 20 NMAC 2.36.109 10/31/02]

 

20.2.36.110          NEW PETROLEUM REFINERY -- LESS THAN 30 TONS PER DAY OF SULFUR:  The owner or operator of a new petroleum refinery that releases an average of more than five tons and less than thirty tons a day of sulfur in plant processes shall not permit, cause, suffer or allow at any time sulfur emissions to the atmosphere in excess of 10 pounds of sulfur for every 100 pounds of sulfur released in plant processes.

[11/30/95; 20.2.36.110 NMAC - Rn, 20 NMAC 2.36.110 10/31/02]

 

20.2.36.111          NEW PETROLEUM REFINERY -- MORE THAN 30 TONS PER DAY OF SULFUR:  The owner or operator of a new petroleum refinery that releases an average of thirty tons a day or greater of sulfur in plant processes shall not permit, cause, suffer or allow at any time sulfur emissions to the atmosphere in excess of 2 pounds of sulfur for every 100 pounds of sulfur released in plant processes.

[11/30/95; 20.2.36.111 NMAC - Rn, 20 NMAC 2.36.111 10/31/02]

 

20.2.36.112          NEW PETROLEUM REFINERY -- SULFUR CONTENT OF FUEL GAS:  The owner or operator of a new petroleum refinery shall not permit, cause, suffer or allow at any time the amount of sulfur in the off-gas stream from fuel-gas burning equipment to exceed the quantity that would exist if the sulfur content of the gas used for fuel was 10 grains per 100 standard cubic feet of fuel gas.

[11/30/95; 20.2.36.112 NMAC - Rn, 20 NMAC 2.36.112 10/31/02]

 

20.2.36.113          REPORTING REQUIREMENTS:

                A.            To aid the department in determining compliance with this Part, the owner or operator of a petroleum refinery shall submit to the department quarterly reports for the periods January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31 of each year, each report to be received by the department within 45 days of the end of the quarterly period.

                    (1)     The quarterly report shall contain the following:

                              (a)     The sulfur content of the feedstocks entering the petroleum refinery, determined no less frequently than weekly;

                              (b)     The sulfur content of all fuel burned in the plant and the amount of each type of fuel burned, determined no less frequently than weekly;

                              (c)     The sulfur content of the products produced by the petroleum refinery, determined no less frequently than weekly;

                              (d)     The sulfur content of the inlet and outlet gas stream or streams of the sulfur recovery plant determined no less frequently than monthly; and

                              (e)     The weight of the recovered sulfur, determined no less frequently than weekly.

                    (2)     If it appears necessary, the department may require reports on a more frequent basis, but no more frequently than monthly.

                B.            When the petroleum refinery has at some time during the quarterly period operated under the provisions of 20.2.7 NMAC (Excess Emissions During Malfunction, Startup, Shutdown, or Scheduled Maintenance) and complied with the notification requirements of that regulation, quantities and time periods involved in the quarterly reports may be modified to exclude the time periods and the quantities involved during those time periods if the quantities are determined separately for those time periods and submitted in the quarterly report.

[11/30/95; 20.2.36.113 NMAC - Rn, 20 NMAC 2.36.113 10/31/02]

 

20.2.36.114          STACK HEIGHT:  The owner or operator of a petroleum refinery shall not permit, cause, suffer or allow sulfur compounds to be emitted to the atmosphere unless the sulfur is emitted from a stack of sufficient physical height or controlled by another method approved by the department to prevent concentrations of sulfur compounds near ground level equal to or greater than any state or federal ambient air standard.

[11/30/95; 20.2.36.114 NMAC - Rn, 20 NMAC 2.36.114 10/31/02]

 

HISTORY OF 20.2.36 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the Commission of Public Records-State Records Center and Archives.

AQCR 621-632, Air Quality Control Regulations - 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, and 632, 07/15/74.

AQCR 622, Air Quality Control Regulation 622 - Petroleum Refinery - Sulfur, 02/08/83

EIB/AQCR 622, Air Quality Control Regulation 622 - Petroleum Refinery - Sulfur, 07/16/86

 

History of Repealed Material:  [RESERVED]

 

Other History:

EIB/AQCR 622, Air Quality Control Regulation 622 - Petroleum Refinery - Sulfur, 07/16/86, was renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.36, Petroleum Refinery - Sulfur, filed 10/30/95.

20 NMAC 2.36, Petroleum Refinery - Sulfur, filed 10/30/95 was renumbered, reformatted and replaced by 20.2.36 NMAC, Petroleum Refinery - Sulfur, effective 10/31/02.

 

 
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TITLE 20               ENVIRONMENTAL PROTECTION

CHAPTER 2         AIR QUALITY (STATEWIDE)

PART 35               NATURAL GAS PROCESSING PLANT - SULFUR

 

20.2.35.1               ISSUING AGENCY:  Environmental Improvement Board.

[11/30/95; 20.2.35.1 NMAC - Rn, 20 NMAC 2.35.100 10/31/02]

 

20.2.35.2               SCOPE:  All geographic areas within the jurisdiction of the Environmental Improvement Board.

[11/30/95; 20.2.35.2 NMAC - Rn, 20 NMAC 2.35.101 10/31/02]

 

20.2.35.3               STATUTORY AUTHORITY:  Environmental Improvement Act, NMSA 1978, section 74-1-8(A)(4) and (7), and Air Quality Control Act, NMSA 1978, sections 74-2-1 et seq., including specifically, section 74-2-5(A), (B), and (C).

[11/30/95; 20.2.35.3 NMAC - Rn, 20 NMAC 2.35.102 10/31/02]

 

20.2.35.4               DURATION:  Permanent.

[11/30/95; 20.2.35.4 NMAC - Rn, 20 NMAC 2.35.103 10/31/02]

 

20.2.35.5               EFFECTIVE DATE:  November 30, 1995, except where a later date is cited at the end of a section.

[11/30/95; 20.2.35.5 NMAC - Rn, 20 NMAC 2.35.104 10/31/02; A, 11/10/07]

[The latest effective date of any section in this Part is 11/10/07.]

 

20.2.35.6               OBJECTIVE:  The objective of this Part is to establish sulfur emission standards for natural gas processing plants.

[11/30/95; 20.2.35.6 NMAC - Rn, 20 NMAC 2.35.105 10/31/02]

 

20.2.35.7               DEFINITIONS:  In addition to the terms defined in 20.2.2 NMAC (Definitions), as used in this Part:

                A.            "Existing natural gas processing plant" means a gas processing plant the fabrication, erection or installation of which was commenced prior to July 1, 1974, and includes all vessels, boilers, heaters, compressors (engines and turbines), sweetening and regeneration units, dehydration units, piping, storage and loading facilities, sulfur recovery facilities, flares and any other facility connected with the processing or storage of field gas, sour residue gas, and other hydrocarbons associated with field gas.

                B.            "New natural gas processing plant" means a natural gas processing plant, or part thereof the fabrication, erection, installation, or modification of which is commenced on or after July 1, 1974, and includes all vessels, boilers, heaters, compressors (engines and turbines), sweetening and regeneration units, dehydration units, piping, storage and loading facilities, sulfur recovery facilities, flares and any other facility connected with the processing or storage of field gas, sour residue gas and other hydrocarbons associated with field gas.

                C.            "Part" means an air quality control regulation under Title 20, Chapter 2 of the New Mexico Administrative Code, unless otherwise noted; as adopted or amended by the Board.

                D.            "Plant processes" includes but is not limited to fuel burning, including flaring of sour gas, and regeneration.

                E.             "Sulfur" means elemental sulfur and the sulfur component of any mixture or compound.

[11/30/95; 20.2.35.7 NMAC - Rn, 20 NMAC 2.35.107 10/31/02]

 

20.2.35.8               AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS:  This Part amends and supersedes Air Quality Control Regulation ("AQCR") 621, -- Natural Gas Processing Plant -- Sulfur last filed February 8, 1983.

                A.            All references to AQCR 621 in any other rule shall be construed as a reference to this Part.

                B.            The amendment and supersession of AQCR 621 shall not affect any administrative or judicial enforcement action pending on the effective date of such amendment nor the validity of any permit issued pursuant to AQCR 621.

[11/30/95; 20.2.35.8 NMAC - Rn, 20 NMAC 2.35.106 10/31/02]

 

20.2.35.9               DOCUMENTS:  Documents cited in this Part may be viewed at the New Mexico Environment Department, Air Quality Bureau, Runnels Building, 1190 Saint Francis Drive, Santa Fe, NM 87505 [2048 Galisteo St., Santa Fe, NM 87505].

[11/30/95; 20.2.35.9 NMAC - Rn, 20 NMAC 2.35.108 10/31/02]

 

20.2.35.10 to 20.2.35.108  [RESERVED]

 

20.2.35.109          EXISTING NATURAL GAS PROCESSING PLANTS:

                A.            The owner or operator of an existing natural gas processing plant that releases an average of ten tons a day or greater of sulfur in plant processes and that has an off-gas stream that undiluted contains greater than 20 mole percent hydrogen sulfide shall not permit, cause, suffer or allow at any time sulfur emissions to the atmosphere in excess of 10 pounds of sulfur for every 100 pounds of sulfur released in plant processes.

                B.            The owner or operator of an existing natural gas processing plant that releases an average of ten tons a day or greater of sulfur in plant processes and that has an off-gas stream that undiluted contains less than or equal to 20 mole percent hydrogen sulfide shall not permit, cause, suffer or allow at any time sulfur emissions to the atmosphere in excess of 12 pounds of sulfur for every 100 pounds of sulfur released in plant processes.

                C.            The owner or operator of an existing natural gas processing plant that releases an average of 7.5 or more tons a day but less than 10 tons a day of sulfur in plant processes and has an off-gas stream that undiluted contains greater than 20 mole percent hydrogen sulfide shall not permit, cause, suffer or allow at any time sulfur emissions to the atmosphere in excess of 10 pounds of sulfur for every 100 pounds of the sulfur released in plant processes.

                D.            The owner or operator of an existing natural gas processing plant that releases an average of 7.5 or more tons a day but less than 10 tons a day of sulfur in plant processes and has an off-gas stream that undiluted contains less than or equal to 20 mole percent hydrogen sulfide shall not permit, cause, suffer or allow sulfur emissions to the atmosphere in excess of 12 pounds of sulfur for every 100 pounds of sulfur released in plant processes.

                E.             The owner or operator of an existing natural gas processing plant that sends residue gas containing greater than 0.25 grains hydrogen sulfide per 100 cubic feet of gas to a facility, other than the natural gas processing plant, for the purpose of residue gas purification; shall not permit, cause, suffer or allow sulfur emissions to the atmosphere, in excess of 10 pounds of sulfur for every 100 pounds of sulfur released in plant processes; unless the natural gas processing plant releases less than 2 1/2 tons a day of sulfur in plant processes.

                F.             The owner or operator of an existing natural gas processing plant that is governed by a sulfur emission limitation of an Air Quality Control Regulation shall not permit, cause, suffer or allow gas coming off any off-gas sweetening regeneration unit or other sulfur releasing unit to be sent to a facility other than the natural gas processing plant for the purpose of sulfur recovery or disposal:

                    (1)     unless all the gas coming off a gas sweetening regeneration unit or other sulfur releasing unit is sent to the facility other than the natural gas processing plant, except mercaptan gas, and the amount of sulfur in the off-gas stream from fuel burning equipment does not exceed the quantity of sulfur that would exist if the sulfur content of the gas used for fuel was 10 grains of sulfur per 100 standard cubic feet of fuel gas; or

                    (2)     unless only a portion of the gas coming off a gas sweetening regeneration unit or other sulfur releasing unit is sent to the facility other than the natural gas processing plant; and

                              (a)     if the natural gas processing plant releases a average of 7.5 tons a day or greater of sulfur in plant processes and has an off-gas stream that undiluted contains greater than 20 mole percent hydrogen sulfide, sulfur emissions from the existing natural gas processing plant do not exceed 10 pounds of sulfur for every 100 pounds of sulfur that are released in plant processes but not sent for sulfur recovery or disposal to another facility; or

                              (b)     if the natural gas processing plant releases  a average of 7.5 tons a day or greater of sulfur in plant processes and has an off-gas stream that undiluted contains less than or equal to 20 mole percent hydrogen sulfide, sulfur emissions from the existing natural gas processing plant do not exceed 12 pounds of sulfur for every 100 pounds of sulfur that are released in plant processes but not sent for sulfur recovery or disposal to another facility.

[11/30/95; 20.2.35.109 NMAC - Rn, 20 NMAC 2.35.109 10/31/02]

 

20.2.35.110          NEW NATURAL GAS PROCESSING PLANTS:

                A.            The owner or operator of a new natural gas processing plant that releases an average of five or more tons a day and less than twenty tons a day of sulfur in plant processes shall not permit, cause, suffer or allow sulfur emissions to the atmosphere in excess of 10 pounds of sulfur for every 100 pounds of sulfur released in plant processes.

                B.            The owner or operator of a new natural gas processing plant that releases an average of 20 or more tons a day and less than 50 tons a day of sulfur in plant processes shall not permit, cause, suffer or allow sulfur emissions to the atmosphere in excess of 4,000 pounds per day.

                C.            The owner or operator of a new natural gas processing plant that releases an average of 50 tons a day or greater of sulfur in plant processes shall not permit, cause, suffer or allow sulfur emissions to the atmosphere in excess of 2 pounds of sulfur for every 100 pounds of sulfur released in plant processes.

                D.            The owner or operator of a new natural gas processing plant that is governed by a sulfur emission limitation of an Air Quality Control Regulation shall not permit, cause, suffer or allow gas coming off any off-gas sweetening regeneration unit or other sulfur releasing unit to be sent to a facility other than the natural gas processing plant for the purpose of sulfur recovery or disposal:

                    (1)     unless all the gas coming off the gas sweetening regeneration unit or other sulfur releasing unit is sent to the facilities other than the natural gas processing plant, except mercaptan gas, and the amount of sulfur in the off-gas stream from fuel burning equipment does not exceed the quantity of sulfur that would exist if the sulfur content of the gas used for fuel was 10 grains of sulfur per 100 standard cubic feet of fuel gas; or

                    (2)     unless only a portion of the gas coming off the gas sweetening regeneration unit or other sulfur releasing unit is sent to the facility other than the natural gas processing plant; and

                              (a)     if the natural gas processing plant is a new natural gas processing plant that releases an average of five or more tons a day but less than twenty tons a day of sulfur in plant processes, sulfur emissions from the new natural gas processing plant do not exceed 10 pounds of sulfur for every 100 pounds of sulfur that are released in plant processes but not sent for sulfur recovery or disposal to another facility; or

                              (b)     if the natural gas processing plant is a new natural gas processing plant that releases an average of twenty tons a day or greater of sulfur in plant processes, sulfur emissions from the new natural gas processing plant do not exceed 2 pounds of sulfur for every 100 pounds of sulfur in plant processes but not sent for sulfur recovery or disposal to another facility.

[11/30/95; 20.2.35.110 NMAC - Rn, 20 NMAC 2.35.110 10/31/02]

 

20.2.35.111          STACK HEIGHT:

                A.            The owner or operator of a natural gas processing plant shall not permit, cause, suffer or allow sulfur compounds to be emitted to the atmosphere unless the sulfur compound emission is from a stack of a sufficient physical height to prevent concentrations of sulfur compounds near ground level equal to or exceed any state or federal ambient air standard.  The necessary physical stack height shall be determined by the following graph in 20.2.35.115 NMAC (Figure 1) or through the use of dispersion modeling approved by the department.

                B.            If the natural gas processing plant is an existing natural gas processing plant, the requirements of this section shall not apply to that existing natural gas processing plant until January 1, 1977.

                C.            By January 1, 1977, any person owning or operating an existing natural gas processing plant must file with the department the following:

                    (1)     the height of all stacks from which sulfur is emitted;

                    (2)     the quantity of the sulfur emitted from each stack;

                    (3)     the exit gas temperature for each stack;

                    (4)     the total mass flow rate of the stack effluent gases (for flares, the total effluent mass flow rate shall consist of the stack effluent mass flow rate plus that amount of air required for complete combustion); and

                    (5)     any other information the department deems necessary to determine whether or not the physical height of any stack from which sulfur is emitted complies with the requirements of this subsection.

[11/30/95; 20.2.35.111 NMAC - Rn, 20 NMAC 2.35.111 10/31/02; A, 11/10/07]

 

20.2.35.112          RECORD KEEPING AND REPORTING REQUIREMENTS:

                A.            To aid the Department in determining compliance with this Part, the owner or operator of a natural gas processing plant to which this Part applies shall submit to the Department quarterly reports in the months of January, April, July and October of each year containing the following information:

                    (1)     the sulfur content of feedstock entering the natural gas processing plant, determined no less frequently than three times per week; and no more frequently than once every twenty-four hours;

                    (2)     the sulfur content of all fuel burned in the plant and the amount of each type of fuel burned determined no less frequently than quarterly;

                    (3)     the sulfur content of the products produced by the natural gas processing plant determined no less frequently than weekly;

                    (4)     the sulfur content of the inlet and outlet gas stream or streams of the sulfur recovery plant determined no less frequently than quarterly; and

                    (5)     the weight of the recovered sulfur determined no less frequently than weekly.

                B.            If it appears necessary, the Department may require reports on a more frequent basis, but no more frequently than monthly.

                C.            The Department may, upon the request of the owner or operator of a natural gas processing plant, alter the sampling periods specified in this section.

[11/30/95; 20.2.35.112 NMAC - Rn, 20 NMAC 2.35.112 10/31/02]

 

20.2.35.113          DECLINING EMISSION NATURAL GAS PROCESSING PLANTS:

                A.            Subsections A, B, D and E of 20.2.35.109 NMAC, and 20.2.35.112 NMAC shall not apply to a natural gas processing plant that the Department has certified as a "declining emission natural gas processing plant".

                B.            The department shall certify an existing natural gas processing plant as a "declining emission natural gas processing plant" and include in the certification a "sulfur release schedule" setting forth the maximum amounts of sulfur that may be released in plant processes in quarterly increments through January 1, 1980, if all of the following are met:

                    (1)     the sulfur released in plant processes in the plant will decrease to the extent that by January 1, 1980, less than 7.5 tons of sulfur per day will be released in plant processes;

                    (2)     the decrease in the amount of sulfur released in plant processes will be a continuous decrease due to reduction in the amount of sour feedstock into the plant;

                    (3)     the owner or operator of the plant has furnished a schedule to the Department detailing the projected decreases in sour feedstock that will result in the continuous decrease of sulfur released in plant processes to less than 7.5 tons by 1980;

                    (4)     the owner or operator of the plant has stated his intention to follow the submitted schedule setting forth the projected decreases in sour feedstock to the plant;

                    (5)     the plant does not have a sulfur recovery plant;

                    (6)     the owner or operator of the plant has furnished to the Department all of the information requested in Subsection N [20.2.35.113 NMAC] and has certified the accuracy and completeness of the information furnished;

                    (7)     the Department has reviewed the application and all of the information submitted in support thereof, solicited and reviewed comments of the Oil Conservation Commission, and reviewed all comments received in writing from interested persons; and

                    (8)     the Department has determined, after considering the information specified in the above paragraphs and such other information as it may wish to consider, that the processing of sour feedstock by the plant will decrease according to the "sulfur release schedule" resulting in a continuous decrease of sulfur in plant processes to less than 7.5 tons per day by January 1, 1980.

                C.            Application to the Department for certification as a "declining emission natural gas processing plant" must be filed with the Department no later than January 1, 1975, and contain the following:

                    (1)     the applicant's name and address;

                    (2)     date of the application;

                    (3)     description of the facility for which the certification is sought;

                    (4)     detailed description, including sulfur content, of the feedstock into the plant and its sources at the time of application, for the preceding two years and projected through 1985;

                    (5)     the amount of sulfur released in plant processes, specifying each process and the amount of sulfur released in each process at the time of application, for the preceding two years and projected through 1985;

                    (6)     the amount of sulfur leaving the plant at the time of application, for the preceding two years and projected through 1985;

                    (7)     such additional information as the Department, after conferring with the Oil Conservation Commission, may require relating to reservoir data;

                    (8)     a "sulfur release schedule" setting forth the amounts of sulfur expected to be released in plant processes in quarterly increments through January 1, 1980; and

                    (9)     such additional information as the Department may require.

                D.            The owner or operator of a natural gas processing plant that is certified as a "declining emission natural gas processing plant" may petition the Department for a modification of the "sulfur release schedule".  The Department may grant the petition for modification of the "sulfur release schedule" if all of the requirements of subsection B of 20.2.35.113 NMAC are met.  The petition should explain in detail the reasons why the modification is necessary and include supporting data and such additional information as the Department may require.

                E.             The Department shall notify the applicant or petitioner and all interested persons who submitted written comments of the Department's action on the application for certification or petition for modification of the "sulfur release schedule" and the reasons therefore.  The Department shall notify the applicant or petitioner by certified mail.  If the Department denies certification or the petition for modification, the applicant or petitioner may appeal the decision of the Department to the Board by filing a petition for review within thirty days of the date of denial.  If the Department grants the certification of the petition for modification, any interested person who submitted written comments opposing the certification or modification may appeal the decision of the Department to the Board by filing a petition for review within thirty days of the date of the granting of certification or modification.

                F.             The owner or operator of a "declining emission natural gas processing plant" shall submit to the Department quarterly reports for the periods January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31 of each year, each report to be received by the Department within 45 days of the end of the quarterly period:

                    (1)     The amount of gas received into the plant for the three month period including the average sulfur content of the gas determined no less frequently than three times per week and no more frequently than once every twenty-four hours and the total amount of sulfur received into plant processes in the three month period;

                    (2)     the sulfur content of all fuel burned in the plant and the amount of each type of fuel burned determined no less frequently than weekly;

                    (3)     the amount and sulfur content of the products produced by the plant determined no less frequently than weekly;

                    (4)     the amount of sulfur released in plant processes, specifying each process and the amount of sulfur released in each;

                    (5)     the quantity of sulfur disposed of and the method of disposal determined no less frequently than weekly;

                    (6)      such information as the Department, after consulting with the Oil Conservation Commission, may require relating to new wells or re-worked wells from which the plant receives feedstock; and

                    (7)     such additional information as the Department may require, including but not limited to new recovery techniques being used in the field.

                    (8)     If it appears necessary, the Department may require reports on a more frequent basis, but no more frequently than monthly.

                G.            The owner or operator of a "declining emission natural gas processing plant" that has for any quarterly report period exceeded by more than one thousand pounds the average daily amount of sulfur (averaged over the quarterly period) that was projected by the "sulfur release schedule" for that quarterly period shall submit to the Department within 30 days after the filing of the quarterly report information as to why the projected average daily sulfur emission rate was exceeded.

                H.            The Department shall revoke any natural gas processing plant's certification as a "declining emission natural gas processing plant" if the natural gas processing plant exceeds by more than one thousand pounds for any two consecutive quarterly periods the amount of sulfur to be released in plant processes as set forth in the "sulfur release schedule" contained in the "declining emission natural gas processing plant" certification.  The Department shall notify the owner or operator of the natural gas processing plant by certified mail of the revocation of the plant's certification as a "declining emission natural gas processing plant".

                I.              The owner or operator of a natural gas processing plant whose certification as a "declining emission natural gas processing plant" has been revoked may appeal to the Environmental Improvement Board the Department's determination that the "declining emission natural gas processing plant" exceeded by more than one thousand pounds for two consecutive quarterly periods the amount of sulfur to be released in plant processes as set forth in the "sulfur release schedule" contained in the "declining emission natural gas processing plant" certification.  A petition for review of the Department's determination must be filed with the board within twenty days of receipt of the certified notice of revocation.

[11/30/95; 20.2.35.113 NMAC - Rn, 20 NMAC 2.35.113 10/31/02]

 

20.2.35.114          HEARINGS -- ACTIONS BY THE BOARD:

                A.            Upon receipt by the board of a petition for review pursuant to subsections E and I of 20.2.35.113 NMAC, the Secretary shall mail notice of hearing to the petitioner, all persons who have submitted written comments on the application, and all persons who have requested notice of hearings held pursuant to this subsection.

                B.            At least seven days prior to the hearing date, the Secretary shall publish notice of the date, time, place, and subject of the hearing in a newspaper of general circulation in the county in which the facility is located and in a newspaper of general circulation in the state.

                C.            Public hearings shall be held before the board not less than fifteen days and no more than forty-five days from the date the Secretary mails the notice of the hearing to the petitioner.

                D.            Public hearings shall be held in Santa Fe unless the board and the petitioner agree upon another site in the state.

                E.             The board may designate a hearing officer to take evidence at the hearing.

                F.             A record shall be made at each hearing, the cost of which shall be borne by the Department.  Transcript costs shall be paid by those persons requesting transcripts.  The cost of providing transcripts to the board members shall be borne by the Department.

                G.            In the hearing, the technical rules of evidence and the rules of civil procedure shall not apply, but the hearings shall be conducted so that all relevant views are amply and fairly presented without undue repetition.  The board may require reasonable substantiation of statements or records tendered and may require any view to be stated in writing when the circumstances justify.

                H.            The board shall allow all persons a reasonable opportunity at a hearing to submit written and oral evidence and arguments, introduce exhibits, and cross-examine persons who testify.

                I.              A petitioner may represent himself at the hearing or be represented by any other individual.

                J.             The board shall render its decision based upon the transcript of the hearing as soon as possible following the preparation of the transcript.

                K.            The owner or operator of any plant whose certification as a "declining emission natural gas processing plant" has been revoked shall comply with the requirements of the applicable subsections of this section [sections of this Part] within twelve months after the revocation of certification becomes final.

                L.            As used in subsections B, C, F, G, and I of 20.2.35.113 NMAC the sulfur released in plant processes shall include the sulfur content of any gas sent from the plant for further processing.

[11/30/95; 20.2.35.114 NMAC - Rn, 20 NMAC 2.35.114 10/31/02]

 


20.2.35.115          FIGURE 1 - REQUIRED STACK HEIGHT:

[11/30/95; 20.2.35.115 NMAC - Rn, 20 NMAC 2.35.115 10/31/02]

 

HISTORY OF 20.2.35 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the Commission of Public Records-State Records Center and Archives.

AQCR 621-632, Air Quality Control Regulations - 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, and 632, 07/15/74.

AQCR 621, Air Quality Control Regulation 621 - Natural Gas Processing Plant - Sulfur, 02/08/83

 

History of Repealed Material:  [RESERVED]

 

Other History:

AQCR 621, Air Quality Control Regulation 621 - Natural Gas Processing Plant - Sulfur, 02/08/83, was renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.35, Natural Gas Processing Plant - Sulfur, filed 10/30/95.

20 NMAC 2.35, Natural Gas Processing Plant - Sulfur, filed 10/30/95 was renumbered, reformatted and replaced by 20.2.35 NMAC, Natural Gas Processing Plant - Sulfur, effective 10/31/02.

 

 
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TITLE 20               ENVIRONMENTAL PROTECTION

CHAPTER 2         AIR QUALITY (STATEWIDE)

PART 34               OIL BURNING EQUIPMENT - NITROGEN DIOXIDE

 

 

20.2.34.1               ISSUING AGENCY:  Environmental Improvement Board.

[11/30/95; 20.2.34.1 NMAC - Rn, 20 NMAC 2.34.100 10/31/02]

 

20.2.34.2               SCOPE:  All geographic areas within the jurisdiction of the Environmental Improvement Board.

[11/30/95; 20.2.34.2 NMAC - Rn, 20 NMAC 2.34.101 10/31/02]

 

20.2.34.3               STATUTORY AUTHORITY:  Environmental Improvement Act, NMSA 1978, section 74-1-8(A)(4) and (7), and Air Quality Control Act, NMSA 1978, sections 74-2-1 et seq., including specifically, section 74-2-5(A), (B) and (C).

[11/30/95; 20.2.34.3 NMAC - Rn, 20 NMAC 2.34.102 10/31/02]

 

20.2.34.4               DURATION:  Permanent.

[11/30/95; 20.2.34.4 NMAC - Rn, 20 NMAC 2.34.103 10/31/02]

 

20.2.34.5               EFFECTIVE DATE:  November 30, 1995.

[11/30/95; 20.2.34.5 NMAC - Rn, 20 NMAC 2.34.104 10/31/02]

[The latest effective date of any section in this Part is 10/31/02.]

 

20.2.34.6               OBJECTIVE:  The objective of this Part is to establish nitrogen dioxide emission standards for oil burning equipment.

[11/30/95; 20.2.34.6 NMAC - Rn, 20 NMAC 2.34.105 10/31/02]

 

20.2.34.7               DEFINITIONS:  In addition to the terms defined in 20.2.2 NMAC (Definitions), as used in this Part:  “Part" means an air quality control regulation under Title 20, Chapter 2 of the New Mexico Administrative Code, unless otherwise noted; as adopted or amended by the Board.

[11/30/95; 20.2.34.7 NMAC - Rn, 20 NMAC 2.34.107 10/31/02]

 

20.2.34.8               AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS:  This Part amends and supersedes Air Quality Control Regulation ("AQCR") 606 -- Oil Burning Equipment -- Nitrogen Dioxide last filed February 17, 1972.

                A.            All references to AQCR 606 in any other rule shall be construed as a reference to this Part.

                B.            The amendment and supersession of AQCR 606 shall not affect any administrative or judicial enforcement action pending on the effective date of such amendment nor the validity of any permit issued pursuant to AQCR 606.

[11/30/95; 20.2.34.8 NMAC - Rn, 20 NMAC 2.34.106 10/31/02]

 

20.2.34.9 to 20.2.34.107    [RESERVED]

 

20.2.34.108          REQUIREMENT:  The owner or operator of oil burning equipment having a heat input of greater than 1,000,000 million British Thermal Units per year per unit shall not permit, cause, suffer or allow nitrogen dioxide emissions to the atmosphere in excess of 0.3 pounds per million British Thermal Units of heat input.

[11/30/95; 20.2.34.108 NMAC - Rn, 20 NMAC 2.34.108 10/31/02]

 

HISTORY OF 20.2.34 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the Commission of Public Records-State Records Center and Archives.

AQCR 606, Oil Burning Equipment - Nitrogen Dioxide, 02/17/72.

 

History of Repealed Material:  [RESERVED]

 

Other History:

AQCR 606, Oil Burning Equipment - Nitrogen Dioxide, 02/17/72, was renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.34, Oil Burning Equipment - Nitrogen Dioxide, filed 10/30/95.

20 NMAC 2.34, Oil Burning Equipment - Nitrogen Dioxide, filed 10/30/95 was renumbered, reformatted and replaced by 20.2.34 NMAC, Oil Burning Equipment - Nitrogen Dioxide, effective 10/31/02.

 

 
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TITLE 20               ENVIRONMENTAL PROTECTION

CHAPTER 2         AIR QUALITY (STATEWIDE)

PART 33               GAS BURNING EQUIPMENT - NITROGEN DIOXIDE

 

 

20.2.33.1               ISSUING AGENCY:  Environmental Improvement Board.

[11/30/95; 20.2.33.1 NMAC - Rn, 20 NMAC 2.33.100 10/31/02]

 

20.2.33.2               SCOPE:  All geographic areas within the jurisdiction of the Environmental Improvement Board.

[11/30/95; 20.2.33.2 NMAC - Rn, 20 NMAC 2.33.101 10/31/02]

 

20.2.33.3               STATUTORY AUTHORITY:  Environmental Improvement Act, NMSA 1978, section 74-1-8(A)(4) and (7), and Air Quality Control Act, NMSA 1978, sections 74-2-1 et seq., including specifically, section 74-2-5(A), (B) and (C).

[11/30/95; 20.2.33.3 NMAC - Rn, 20 NMAC 2.33.102 10/31/02]

 

20.2.33.4               DURATION:  Permanent.

[11/30/95; 20.2.33.4 NMAC - Rn, 20 NMAC 2.33.103 10/31/02]

 

20.2.33.5               EFFECTIVE DATE:  November 30, 1995.

[11/30/95; 20.2.33.5 NMAC - Rn, 20 NMAC 2.33.104 10/31/02]

[The latest effective date of any section in this Part is 10/31/02.]

 

20.2.33.6               OBJECTIVE:  The objective of this Part is to establish nitrogen dioxide emission standards for gas burning equipment.

[11/30/95; 20.2.33.6 NMAC - Rn, 20 NMAC 2.33.105 10/31/02]

               

20.2.33.7               DEFINITIONS:  In addition to the terms defined in 20.2.2 NMAC (Definitions), as used in this Part:

                A.            "Existing gas burning equipment" means gas burning equipment, the construction or modification of which is commenced prior to February 17, 1972.

                B             "New gas burning equipment" means gas burning equipment, the construction or modification of which is commenced after  February 17, 1972.

                C.            "Part" means an air quality control regulation under Title 20, Chapter 2 of the New Mexico Administrative Code, unless otherwise noted; as adopted or amended by the Board.

[11/30/95; 20.2.33.7 NMAC - Rn, 20 NMAC 2.33.107 10/31/02]

 

20.2.33.8               AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS:  This Part amends and supersedes Air Quality Control Regulation ("AQCR") 604 -- Gas Burning Equipment -- Nitrogen Dioxide last filed on February 17, 1972.

                A.            All references to AQCR 604 in any other rule shall be construed as a reference to this Part.

                B.            The amendment and supersession of AQCR 604 shall not affect any administrative or judicial enforcement action pending on the effective date of such amendment nor the validity of any permit issued pursuant to AQCR 604.

[11/30/95; 20.2.33.8 NMAC - Rn, 20 NMAC 2.33.106 10/31/02]

 

20.2.33.9 to 20.2.33.107    [RESERVED]

 

20.2.33.108          REQUIREMENTS:

                A.            The owner or operator of new gas burning equipment having a heat input of greater than 1,000,000 million British Thermal Units per year per unit shall not permit, cause, suffer or allow nitrogen dioxide emissions to the atmosphere in excess of 0.2 pounds per million British Thermal Units of heat input.

                B.            The owner or operator of existing gas burning equipment having a heat input of greater than 1,000,000 million British Thermal Units per year per unit shall not permit, cause, suffer or allow nitrogen dioxide emissions to the atmosphere in excess of 0.3 pounds per million British Thermal Units of heat input.

[11/30/95; 20.2.33.108 NMAC - Rn, 20 NMAC 2.33.108 10/31/02]

 

HISTORY OF 20.2.33 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the Commission of Public Records-State Records Center and Archives.

AQCR 604, Gas Burning Equipment - Nitrogen Dioxide, 02/17/72.

 

History of Repealed Material:  [RESERVED]

 

Other History:

AQCR 604, Gas Burning Equipment - Nitrogen Dioxide, 02/17/72, was renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.33, Gas Burning Equipment - Nitrogen Dioxide, filed 10/30/95.

20 NMAC 2.33, Gas Burning Equipment - Nitrogen Dioxide, filed 10/30/95 was renumbered, reformatted and replaced by 20.2.33 NMAC, Gas Burning Equipment - Nitrogen Dioxide, effective 10/31/02.

 

 
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TITLE 20               ENVIRONMENTAL PROTECTION

CHAPTER 2         AIR QUALITY (STATEWIDE)

PART 32               COAL BURNING EQUIPMENT - NITROGEN DIOXIDE

 

 

20.2.32.1               ISSUING AGENCY:  Environmental Improvement Board.

[11/30/95; 20.2.32.1 NMAC - Rn, 20 NMAC 2.32.100 10/31/02]

 

20.2.32.2               SCOPE:  All geographic areas within the jurisdiction of the Environmental Improvement Board.

[11/30/95; 20.2.32.2 NMAC - Rn, 20 NMAC 2.32.101 10/31/02]

 

20.2.32.3               STATUTORY AUTHORITY:  Environmental Improvement Act, NMSA 1978, section 74-1-8(A)(4) and (7), and Air Quality Control Act, NMSA 1978, sections 74-2-1 et seq., including specifically, section 74-2-5(A), (B) and (C).

[11/30/95; 20.2.32.3 NMAC - Rn, 20 NMAC 2.32.102 10/31/02]

 

20.2.32.4               DURATION:  Permanent.

[11/30/95; 20.2.32.4 NMAC - Rn, 20 NMAC 2.32.103 10/31/02]

 

20.2.32.5               EFFECTIVE DATE:  November 30, 1995.

[11/30/95; 20.2.32.5 NMAC - Rn, 20 NMAC 2.32.104 10/31/02]

[The latest effective date of any section in this Part is 10/31/02.]

 

20.2.32.6               OBJECTIVE:  The objective of this Part is to establish nitrogen dioxide emission standards for coal burning equipment.

[11/30/95; 20.2.32.6 NMAC - Rn, 20 NMAC 2.32.105 10/31/02]

 

20.2.32.7               DEFINITIONS:  In addition to the terms defined in 20.2.32 NMAC (Definitions), as used in this Part:

                A.            "Commenced" means that an owner or operator has undertaken a continuous program of construction or that an owner or operator has entered into a binding agreement or contractural obligation to undertake and complete, within a reasonable time, a continuous program of construction.

                B.            "Construction" means fabrication, erection, or installation of an affected facility.

                C.            "Daily average" means the arithmetic average of the hourly values measured in a 24-hour period from midnight to midnight.

                D.            "Existing coal burning equipment" means coal burning equipment that was fully constructed and operational or under construction prior to August 17, 1971.

                E.             "Heat input" means heat derived from combustion of fuel in a steam generating unit and does not include the heat input from preheated combustion air, recirculated flue gases, or exhaust gases from other sources, such as gas turbines, internal combustion engines, kilns, etc.

                F.             "Malfunction" means any sudden and unavoidable failure of air pollution control equipment, process equipment, or process to operate in an expected manner.  Failures that are caused entirely or in part by poor maintenance, careless operation, or other preventable equipment breakdown shall not be considered a malfunction..

                G.            "New coal burning equipment" means coal burning equipment the construction of which commenced after August 17, 1971.

                H.            "Part" means an air quality control regulation under Title 20, Chapter 2 of the New Mexico Administrative Code, unless otherwise noted; as adopted or amended by the Board.

                I.              "Shutdown" means the cessation of operation of any air pollution control equipment, process equipment, or process for any purpose, except routine phasing out of process units.

                J.             "Startup" means the setting into operation of any air pollution control equipment, process equipment, or process for any purpose, except routine phasing in of process units.

                K.            "Station" means all coal burning equipment at one location.

                L.            "Vintage A" means coal burning equipment that was fully constructed and operational prior to December 31, 1963.

                M.           "Vintage B" means coal burning equipment that was fully constructed and became operational in the period from December 31, 1963, to December 31, 1964.

                N.            "Vintage C" means coal burning equipment that was fully constructed and became operational in the period from January 1, 1965 to August 17, 1971.

                O.            "Vintage D" means coal burning equipment the construction of which commenced prior to, and which became operational after August 17, 1971.

[11/30/95; 20.2.32.7 NMAC - Rn, 20 NMAC 2.32.107 10/31/02]

 

20.2.32.8               AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS:  This Part amends and supersedes Air Quality Control Regulation ("AQCR") 603 -- Coal Burning Equipment -- Nitrogen Dioxide last filed on July 9, 1991.

                A.            All references to AQCR 603 in any other rule shall be construed as a reference to this Part.

                B.            The amendment and supersession of AQCR 603 shall not affect any administrative or judicial enforcement action pending on the effective date of such amendment nor the validity of any permit issued pursuant to AQCR 603.

[11/30/95; 20.2.32.8 NMAC - Rn, 20 NMAC 2.32.106 10/31/02]

 

20.2.32.9               DOCUMENTS:  Documents cited in this Part may be viewed at the New Mexico Environment Department, Air Quality Bureau, Harold Runnels Building, 1190 St. Francis Drive, Santa Fe, NM  87505 [2048 Galisteo St., Santa Fe, NM 87505].

[11/30/95; 20.2.32.9 NMAC - Rn, 20 NMAC 2.32.108 10/31/02]

 

20.2.32.10 to 20.2.32.108  [RESERVED]

 

20.2.32.109          EMISSION LIMITATION -- NEW COAL BURNING EQUIPMENT:  The owner or operator of new coal burning equipment having a power generating capacity in excess of 25 megawatts or a heat input of greater than 250 million British Thermal Units (BTU) per hour shall not permit, cause, suffer or allow nitrogen dioxide emissions to the atmosphere in excess of 0.45 pounds per million BTU of heat input.

[11/30/95; 20.2.32.109 NMAC - Rn, 20 NMAC 2.32.109 10/31/02]

 

20.2.32.110          EMISSION LIMITATIONS -- EXISTING COAL BURNING EQUIPMENT:

                A.            The owner or operator of Vintage A coal burning equipment having a power generating capacity in excess of 25 megawatts or a heat input of greater than 250 million BTU per hour shall not permit, cause, suffer or allow nitrogen dioxide emissions to the atmosphere in excess of 0.85 pounds per million BTU of heat input.

                B.            The owner or operator of Vintage B or Vintage C coal burning equipment having a power generating capacity in excess of 25 megawatts or a heat input of greater than 250 million BTU per hour shall not permit, cause, suffer or allow nitrogen dioxide emissions to the atmosphere in excess of 0.65 pounds per million BTU of heat input.

                C.            The owner or operator of Vintage D coal burning equipment having a power generating capacity in excess of 25 megawatts or a heat input of greater than 250 million BTU per hour shall not permit, cause, suffer or allow nitrogen dioxide emissions to the atmosphere in excess of 0.7 pounds per million BTU of heat input.

[11/30/95; 20.2.32.110 NMAC - Rn, 20 NMAC 2.32.110 10/31/02]

 

20.2.32.111          TOTAL EMISSION LIMITATION:

                A.            After April 30, 1992, the owner or operator of a facility with Vintage A, B, and C coal burning equipment shall not permit, cause, suffer or allow, on a station-wide basis, nitrogen dioxide emissions to the atmosphere in excess of 335,000 pounds per day, measured from midnight to midnight.

                B.            For periods when coal burning equipment identified in  subsection A of 20.2.32 NMAC is not operated, the station-wide limitation shall be reduced by the following amounts:

                    (1)     Vintage A or Vintage B coal burning equipment -- 1542 pounds per hour.

                    (2)     Vintage C coal burning equipment -- 4667 pounds per hour.

[11/30/95; 20.2.32.111 NMAC - Rn, 20 NMAC 2.32.111 10/31/02]

 

20.2.32.112          COMPLIANCE DETERMINATION METHODS:

                A.            Unless otherwise required by 40 CFR Part 60, a facility subject to an emission limitation of 20.2.32.109 NMAC or 20.2.32.110 NMAC shall use any of the applicable reference methods specified by the US EPA at 40 CFR Part 60, Appendix A to determine compliance with the nitrogen dioxide emission limitation.

                B.            Compliance with the total emission limitation of 20.2.32.111 NMAC shall be based on measurements using a continuous emission monitoring system (CEMS) as required by 20.2.32.114 NMAC.  Compliance determinations shall be performed using the following formula:

                                   n

                TE   =      Ei    Hi

                                  i = 1

where:

                TE = total station-wide nitrogen dioxide emissions (lb NO2/day);

                Ei = daily average emission rate of each unit (lb NO2/MBTU);

                Hi = daily average heat input for each unit (MBTU);

                n = the number of units of coal burning equipment operated during the day.

[11/30/95; 20.2.32.112 NMAC - Rn, 20 NMAC 2.32.112 10/31/02]

 

20.2.32.113          EMISSION TESTING:  The owner or operator of any coal burning equipment subject to the emission limitations of subsections A or B of 20.2.32.110 NMAC shall conduct the reference method tests required under subsection A of 20.2.32.112 NMAC semi-annually.

[11/30/95; 20.2.32.113 NMAC - Rn, 20 NMAC 2.32.113 10/31/02]

 

20.2.32.114          EMISSION MONITORING:

                A.            The owner or operator of a facility subject to 20.2.32.111 NMAC shall install, calibrate, maintain and operate a CEMS, approved by the Department, which shall continuously measure and record nitrogen dioxide concentrations in the flue gases released into the atmosphere from each unit of coal burning equipment.  Continuous emissions monitoring shall apply during all periods of operation of the coal burning equipment, including periods of startup, shutdown and malfunction, except for CEMS breakdowns, repair, calibration checks, and zero and span adjustment.  All sampling points for monitoring nitrogen dioxide concentrations shall be approved in writing by the Department.

                B.            The CEMS required by this section shall complete a minimum of one cycle of operation (sampling, analyzing, and data recording) for each successive 15 minute period.  One-hour averages shall be computed from four or more data points equally spaced over each one-hour period.  Data recorded during periods of CEMS breakdown, repairs, calibration checks and zero and span adjustments shall not be included in the daily averages computed under this paragraph.

                C.            When CEMS emission data required under this section are not obtained because of CEMS breakdowns, repairs, calibration checks and zero and span adjustments, emission data will be obtained by using other monitoring systems approved by the Department and the Administrator or one of the reference methods specified by the US EPA in 40 CFR Part 60, Appendix A, to provide emission data for a minimum of 18 hours in each day, midnight to midnight, in at least 22 out of 30 successive days.

                D.            The CEMS installed and used pursuant to this section shall be operated, installed and maintained in accordance with the performance specifications and other requirements set forth by the US EPA in 40 CFR Part 60, Appendix B, Performance Specifications 2 and 3.  In the event of significant breakdown of the CEMS, the owner or operator shall demonstrate to the Department after the repair work that the CEMS continues to meet the applicable performance specifications.  The Department may require the owner or operator to conduct a performance test of the equipment as specified in 40 CFR Part 60, Appendix B, but not more frequently than once per year unless the Department has reason to believe that the CEMS is not operating within the applicable performance specifications.  An alternate means of verifying the performance of the CEMS may be used if approved by the Department and the Administrator.  The Department may also perform independent audits on the CEMS.

                E.             Each CEMS required under this section shall be subject to the quality assurance requirements of 40 CFR Part 60, Appendix F.  All reports required thereunder shall be submitted to the Department.

[11/30/95; 20.2.32.114 NMAC - Rn, 20 NMAC 2.32.114 10/31/02]

 

20.2.32.115          REPORTING REQUIREMENTS:

                A.            Persons subject to 20.2.32.113 NMAC shall submit reports to the Department for each semi-annual period, each report to be received by the Department within 30 days after the end of the period.  The semi-annual report shall contain the following information:

                    (1)     Date of test;

                    (2)     Reference method used for the test;

                    (3)     Coal burning equipment tested;

                    (4)     Emissions data obtained by sample number, expressed in pounds nitrogen dioxide emitted per million BTU;

                    (5)     Arithmetic average of sample data, expressed in pounds nitrogen dioxide emitted per million BTU;

                    (6)     Any variances from the reference method.

                B.            Persons subject to 20.2.32.111 NMAC shall submit reports on the CEMS-based data to the Department for each calendar quarter, each report to be received by the Department within 45 days after the end of the quarterly period.  The quarterly reports for each unit of coal burning equipment shall contain the following:

                    (1)     Hourly and daily averages of the concentrations of nitrogen dioxide, expressed in pounds per million BTU, in the gases which are being emitted to the atmosphere, except for periods of instrument calibration and zero adjustments;

                    (2)     Hourly and daily averages of the percent excess oxygen in the gases coming from the coal burning equipment;

                    (3)     Hourly and daily average generation output of the coal burning equipment, expressed in megawatts;

                    (4)     Daily average heat input into each unit of coal burning equipment;

                    (5)     Total nitrogen dioxide discharged per day, on a station-wide basis, expressed in pounds per day, measured midnight to midnight;

                    (6)     Nitrogen dioxide discharged per day per unit of coal burning equipment, measured from midnight to midnight, expressed as pounds per day and the number of hours used to calculate the limits in subsection B of 20.2.32.111 NMAC;

                    (7)     The date and time identifying each period during which the CEMS was inoperative except for zero and span checks and the nature of the systems repairs or adjustments;

                    (8)     Identification of the times when daily average emission data have been obtained by other monitoring systems or reference methods pursuant to subsection C of 20.2.32.114 NMAC;

                    (9)     Identification of the days for which nitrogen dioxide or diluent data have not been obtained by an approved method for at least 18 hours of operation of the facility; justification for not obtaining sufficient data; and description of corrective actions taken;

                    (10)     Identification of times when the nitrogen dioxide concentration as measured by the CEMS exceeded the full span of the CEMS;

                    (11)     A report of emissions in excess of the limitation contained in 20.2.32.111 NMAC, the magnitude of the excess emissions and the time period(s) when the excess emissions occurred;

                    (12)     Specific identification of each period of emissions in excess of the limitation contained in 20.2.32.111 NMAC that occurred during startup, shutdowns, and malfunctions of the affected facility, including the nature and causes of any malfunctions and the corrective action taken or preventative measures taken;

                    (13)     Description of any modifications to the CEMS which could affect the ability of the continuous monitoring system to comply with the operating specifications of subsection D of 20.2.32.114 NMAC.

[11/30/95; 20.2.32.115 NMAC - Rn, 20 NMAC 2.32.115 10/31/02]

 

HISTORY OF 20.2.32 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the Commission of Public Records-State Records Center and Archives.

AQCR 603, Coal Burning Equipment - Nitrogen Dioxide, 04/04/72.

EIB/AQCR 603, Air Quality Control Regulation 603 - Coal Burning Equipment - Nitrogen Dioxide, 07/09/91.

 

History of Repealed Material:  [RESERVED]

 

Other History:

EIB/AQCR 603, Air Quality Control Regulation 603 - Coal Burning Equipment - Nitrogen Dioxide, 07/09/91, was renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.32, Coal Burning Equipment - Nitrogen Dioxide, filed 10/30/95.

20 NMAC 2.32, Coal Burning Equipment - Nitrogen Dioxide, filed 10/30/95 was renumbered, reformatted and replaced by 20.2.32 NMAC, Coal Burning Equipment - Nitrogen Dioxide, effective 10/31/02.

 

 
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TITLE 20               ENVIRONMENTAL PROTECTION

CHAPTER 2         AIR QUALITY (STATEWIDE)

PART 31               COAL BURNING EQUIPMENT - SULFUR DIOXIDE

 

 

20.2.31.1               ISSUING AGENCY:  Environmental Improvement Board.

[11/30/95; 20.2.31.1 NMAC - Rn, 20 NMAC 2.31.100 10/31/02]

 

20.2.31.2               SCOPE:  All geographic areas within the jurisdiction of the Environmental Improvement Board.

[11/30/95; 20.2.31.2 NMAC - Rn, 20 NMAC 2.31.101 10/31/02]

 

20.2.31.3               STATUTORY AUTHORITY: Environmental Improvement Act, NMSA 1978, section 74-1-8(A)(4) and (7), and Air Quality Control Act, NMSA 1978, sections 74-2-1 et seq., including specifically, section 74-2-5(A), (B) and (C).

[11/30/95; 20.2.31.3 NMAC - Rn, 20 NMAC 2.31.102 10/31/02]

 

20.2.31.4               DURATION:  Permanent:

[11/30/95; 20.2.31.4 NMAC - Rn, 20 NMAC 2.31.103 10/31/02]

 

20.2.31.5               EFFECTIVE DATE:  November 30, 1995.

[11/30/95; 20.2.31.5 NMAC - Rn, 20 NMAC 2.31.104 10/31/02]

[The latest effective date of any section in this Part is 10/31/02.]

 

20.2.31.6               OBJECTIVE:  The objective of this Part is to establish sulfur dioxide emission standards for coal burning equipment.

[11/30/95; 20.2.31.6 NMAC - Rn, 20 NMAC 2.31.105 10/31/02]

 

20.2.31.7               DEFINITIONS:  In addition to the terms defined in 20.2.2 NMAC (Definitions), as used in this Part:

                A.            "Commenced" means that an owner or operator has undertaken a continuous program of construction or that an owner or operator has entered into a binding agreement or contractual obligation to undertake and complete, within a reasonable time, a continuous program of construction.

                B.            "Commercial operation" means operation within sixty days after achieving the maximum production rate at which the equipment will be operated but not later than 180 days after initial startup.

                C.            "Construction" means fabrication, erection, or installation of an affected facility.

                D.            "Excess emissions" means the emission of sulfur dioxide in excess of any applicable emission limitation of this Part.

                E.             "Existing coal burning equipment" means coal burning equipment that was fully constructed and operational or under construction prior to September 1, 1971.

                F.             "Existing coal burning station" means one or the combination of two or more units of existing coal burning equipment at one location.

                G.            "Modules" means pollution control devices that remove sulfur dioxide for the flue gas that can be operated independently of each other.

                H.            "New coal burning equipment or units" means coal burning equipment the construction of which is commenced after September 1, 1971 and the commercial operation of which is initiated as shown hereinafter:

                    (1)     Vintage 1 -- coal burning equipment which began commercial operating between the period of December 31, 1976 to October 31, 1979;

                    (2)     Vintage 2 -- coal burning equipment which began commercial operation between the period of November 1, 1979 to March 31, 1982;

                    (3)     Vintage 3 -- coal burning equipment which began commercial operation between the period of April 1, 1982 to December 31, 1982;

                    (4)     Vintage 4 -- coal burning equipment which is not Vintage 1, 2 or 3.

                I.              "Part" means an air quality control regulation under Title 20, Chapter 2 of the New Mexico Administrative Code, unless otherwise noted; as adopted or amended by the Board.

[11/30/95; 20.2.31.7 NMAC - Rn, 20 NMAC 2.31.107 10/31/02]

 

20.2.31.8               AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS:  This Part amends and supersedes Air Quality Control Regulation ("AQCR") 602 -- Coal Burning Equipment -- Sulfur Dioxide last filed on November 17, 1993.

                A.            All references to AQCR 602 in any other rule shall be construed as a reference to this Part.

                B.            The amendment and supersession of AQCR 602 shall not affect any administrative or judicial enforcement action pending on the effective date of such amendment nor the validity of any permit issued pursuant to AQCR 602.

[11/30/95; 20.2.31.8 NMAC - Rn, 20 NMAC 2.31.106 10/31/02]

 

20.2.31.9               DOCUMENTS:  Documents cited in this Part may be viewed at the New Mexico Environment Department, Air Quality Bureau, Harold Runnels Building, 1190 St. Francis Drive, Santa Fe, NM  87505 [2048 Galisteo St., Santa Fe, NM 87505].

[11/30/95; 20.2.31.9 NMAC - Rn, 20 NMAC 2.31.108 10/31/02]

 

20.2.31.10 NMAC - 20.2.31.108 NMAC        [RESERVED]

 

20.2.31.109          NEW EQUIPMENT:  New coal burning equipment is subject to the following requirements:

                A.            The owner or operator of Vintage 4 new coal burning equipment having a power generating capacity in excess of 25 megawatts or a rated heat input of greater than 250 million British Thermal Units per hour (higher heating value) shall not permit, cause, suffer or allow sulfur dioxide emissions to the atmosphere in excess of 0.34 pounds per million British Thermal Units of heat input (higher heating value) averaged over a 3 hour period.

                B.            The owner or operator of Vintage 1, 2, or 3 new coal burning equipment having a power generating capacity in excess of 25 megawatts or a heat input of greater than 250 million British Thermal Units per hour (higher heating value) shall not permit, cause, suffer or allow sulfur dioxide emissions to the atmosphere in excess of 1.2 pounds per million British Thermal Units of heat input (higher heating value) averaged over a 3 hour period as determined by 20.2.31.111 NMAC, which emission limitation shall apply, effective January 1, 1983 and thereafter, to these vintage units.

                C.            The owner or operator of a station consisting of any combination of at least one Vintage l, 2, or 3 new and existing coal burning equipment, after December 31, 1982, shall not permit, cause, suffer or allow sulfur dioxide emissions to the atmosphere in excess of 0.55 pounds per million British Thermal Units of heat input (higher heating value) averaged over a thirty day period, and in excess of 13,000 pounds per hour averaged over a three hour period, both determined on a total station basis.  Existing coal burning equipment in a station with Vintage 1, 2, or 3 units must continue to meet the requirements of 20.2.31.110 NMAC.

                D.            If the owner or operator of a station consisting of any combination of at least one Vintage 1, 2, or 3 new and existing coal burning equipment, in the optimum operation of their sulfur dioxide equipment, cannot meet on a continuous basis with a two module operation per unit, excluding upset conditions, the 0.55 pounds per million British Thermal Units requirement, then in that event such station shall, after a showing of its inability to do so to the Board, in no event permit, cause, suffer or allow sulfur dioxide emissions to the atmosphere, in excess of 0.65 pounds per million British Thermal Units of heat input, averaged over a thirty day period, but shall continue to meet the 13,000 pounds per hour averaged over a three hour period that is required by subsection C of 20.2.31.109 NMAC.  Additionally, existing coal burning equipment must continue to meet the requirements of 20.2.31.110 NMAC.

[11/30/95; 20.2.31.109 NMAC - Rn, 20 NMAC 2.31.109 10/31/02]

 

20.2.31.110          EXISTING EQUIPMENT:

                A.            The owner or operator of existing coal burning equipment shall not permit, cause, suffer or allow sulfur dioxide emissions to the atmosphere in excess of 28 percent on or after December 31, 1981 of that which is produced by the coal burning equipment averaged over any thirty-day period, if such coal burning equipment has a rated heat capacity greater than 3,000 million British Thermal Units per hour (higher heating value) and less than or equal to 5,000 million British Thermal Units per hour (higher heating value).

                B.            After December 31, 1984, The owner or operator of a coal burning station consisting of two or more units of existing coal burning equipment having a rated heat capacity greater than 250 million British Thermal Units per hour (higher heating value) shall not permit, cause, suffer or allow sulfur dioxide emissions to the atmosphere:

                    (1)     In excess of 28 percent of that which is produced by such existing coal burning equipment, averaged over any thirty-day period, determined on a total station basis; or

                    (2)     More than once per year, total sulfur dioxide emissions in excess of 17,900 pounds per hour, averaged over any three-hour period, determined on a total station basis.

                C.            Prior to December 31, 1984, the owner or operator of an existing coal burning station consisting of two or more units of existing coal burning equipment shall submit to the Department individual stack emission limitations expressed in pounds per hour for all stacks from which flue gases are released from existing coal burning equipment of the station such that total sulfur dioxide emissions from the station do not exceed 17,900 pounds per hour.  Upon request of the owner or operator of an existing coal burning station, the Department may later approve alternative individual emission limitations for each stack serving existing coal burning equipment of the station as long as the total of the individual stack emission limitations from the station do not exceed 17,900 pounds per hour, averaged over any three-hour period.  Until alternative individual stack emission limitations are approved by the Department, the previously approved individual emission limitations shall remain in effect.

[11/30/95; 20.2.31.110 NMAC - Rn, 20 NMAC 2.31.110 10/31/02]

 

20.2.31.111          COMPLIANCE:

                A.            Compliance with the emission limitations contained within this Part shall be determined by a method consistent with the manual method of sampling for sulfur dioxide set forth by the Environmental Protection Agency at 40 CFR, Part 60 Appendix A, Methods 1 through 4 and 6, except for the thirty-day average and the station requirements contained within subsections C and D of 20.2.31.109 NMAC, and subsection A and paragraph (1) of subsection B of 20.2.31.110 NMAC in which the determination of compliance shall be based upon continuous emissions monitoring as required by 20.2.31.112 NMAC.  Compliance with the percentage removal requirements of 20.2.31.110 NMAC shall be determined based upon continuous monitoring of sulfur dioxide concentrations within the flue gases both prior to entering the sulfur dioxide removal system and at all locations at which sulfur dioxide emissions are released to the atmosphere, unless the Department has approved an alternative means of determining sulfur dioxide concentrations prior to the sulfur dioxide removal system.

                B.            Compliance with the pounds per hour station emission limitation contained within paragraph (2) of subsection B of 20.2.31.110 NMAC shall be determined as follows:  Individual stacks serving existing coal burning equipment shall be sampled by use of the manual sampling method for sulfur dioxide referenced above.  Emissions in excess of the approved individual emission limitation applicable to a specific stack shall be deemed a violation of this Part unless the owner or operator demonstrates to the satisfaction of the Department, by continuous stack emission monitoring or other means, that the total sulfur dioxide emissions from all stacks serving existing coal burning equipment within the station do not exceed 17,900 pounds per hour.

[11/30/95; 20.2.31.111 NMAC - Rn, 20 NMAC 2.31.111 10/31/02]

 

20.2.31.112          MONITORING:

                A.            The owner or operator of new or existing coal burning equipment subject to this Part shall not permit, cause, suffer or allow operation of the coal burning equipment without normally maintaining in good operating condition at least one monitor, approved by the Department, which shall continuously measure and record sulfur dioxide concentrations in the gases within each stack from which flue gases serving coal burning equipment are released to the atmosphere.  All sampling points for monitoring sulfur dioxide concentrations shall be approved by the Department.  Existing coal burning equipment having a rated heat capacity less than or equal to 5,000 million British Thermal Units per hour shall be equipped and operated with such continuous sulfur dioxide monitors as soon as practicable but in no case later than December 31, 1981.  Existing coal burning equipment having a rated heat capacity greater than 5,000 million British Thermal Unit per hour shall be equipped and operated with such continuous sulfur dioxide monitors no later than December 31, 1984.

                B.            Coal burning equipment subject to the percentage removal requirements of 20.2.31.110 NMAC shall also continuously measure and record sulfur dioxide concentrations within the flue gases prior to their entering any sulfur dioxide removal system, unless the Department has approved an alternative means of determining sulfur dioxide concentrations within the flue gases prior to their entry into the sulfur dioxide removal system based upon a finding by the Department that continuous monitoring at such locations is infeasible or otherwise unreasonable.

                C.            Instruments and sampling systems installed and used pursuant to this section shall be calibrated in accordance with the methods prescribed by manufacturer's recommended zero adjustment and calibration check procedures at least once every 24-hours of operation, unless the instrument manufacturer specifies or recommends calibration checks more frequently; provided however, that no calibration and adjustments shall be required during the period when coal burning equipment is not operating.  The reference method shall be consistent with the method for manual sampling of sulfur dioxide specified in 20.2.31.111 NMAC.  The owner or operator of coal burning equipment shall retain for a period of two years all raw data and quality assurance measurements and procedures.

[11/30/95; 20.2.31.112 NMAC - Rn, 20 NMAC 2.31.112 10/31/02]

 

20.2.31.113          REPORTING AND RECORDKEEPING:

                A.            To aid the Department in determining compliance with this Part, persons owning or operating existing coal burning equipment subject to this Part shall, after the applicable date when continuous monitoring is required pursuant to 20.2.31.112 NMAC, submit quarterly reports to the Department for the periods January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31 of each year, each report to be received by the Department within forty-five days of the end of the quarterly period.  The quarterly reports shall contain the following:

                    (1)     Hourly average of the concentrations of sulfur dioxide, expressed in parts per million, in the gases which are being emitted to the atmosphere, except for periods of instrument calibration and zero adjustments;

                    (2)     Hourly averages of the percent excess oxygen in the gases coming from the coal burning equipment;

                    (3)     Rate of heat input (higher heating value) into the coal burning equipment calculated for each day; and

                    (4)     Daily average or daily composite percent sulfur and heat content (higher heating value) of the coal utilized by the coal burning equipment determined for each day.

                B.            To aid the Department in determining compliance with this Part, persons owning or operating new coal burning equipment subject to 20.2.31.109 NMAC shall, after the date for compliance provided in 20.2.31.109 NMAC, submit quarterly reports to the Department for the periods January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31 of each year, each report to be received by the Department within forty-five days of the end of the quarterly period.  The quarterly report shall contain the following:

                    (1)     A report of excess emissions, including the nature and cause of the excess emissions (if known), the magnitude of the excess emissions and the time period(s) when the excess emissions occurred.  Excess emissions shall be reported for and in the units of both total station emission limits in subsection C of 20.2.31.109 NMAC;

                    (2)     Specific identification of each period of excess emissions that occur during startups, shutdowns, and malfunctions of the affected facility, including the nature and causes of any malfunctions and the corrective action taken or preventative measures taken;

                    (3)     The date and time identifying each period during which the continuous monitoring system was inoperative except for zero and span checks and the nature of the system repairs or adjustments; and

                    (4)     When no excess emissions have occurred or the continuous monitoring system(s) have not been inoperative, repaired, or adjusted, such information shall be stated in the report.

                C.            Upon request, the Department may approve alternative methods of monitoring and reporting the information specified in subsection A of 20.2.31.113 NMAC.

[11/30/95; 20.2.31.113 NMAC - Rn, 20 NMAC 2.31.113 10/31/02]

 

20.2.31.114          PERFORMANCE TESTS:  Instruments and sampling systems installed and used pursuant to 20.2.31.112 NMAC, shall be operated, installed and maintained in accordance with the performance specifications and other requirements set forth by the US EPA in 40 CFR Part 60, Appendix B.  In the event of significant breakdown of the monitoring system, the owner or operator shall demonstrate to the Department after the repair work that the system continues to meet the applicable performance specifications.  The Department may require the owner or operator to conduct a performance test of the equipment as specified in 40 CFR, Part 60, Appendix B, but not more frequently than once per year unless the Department has reason to believe that the continuous monitoring equipment is not operating within the applicable performance specifications.  The Department may approve alternate means of verifying the performance of the continuous monitoring system.  The Department may also perform independent audit on the continuous monitoring system utilizing the method specified in 20.2.31.111 NMAC.

[11/30/95; 20.2.31.114 NMAC - Rn, 20 NMAC 2.31.114 10/31/02]

 

HISTORY OF 20.2.31 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the Commission of Public Records-State Records Center and Archives.

AQCR 602, Coal Burning Equipment - Sulfur Dioxide, 04/04/72.

EIB/AQCR 602, Coal Burning Equipment - Sulfur Dioxide, 12/07/79.

EIB/AQCR 602, Coal Burning Equipment - Sulfur Dioxide, 11/24/80.

EIB/AQCR 602, Coal Burning Equipment - Sulfur Dioxide, 11/17/93.

 

History of Repealed Material:  [RESERVED]

 

Other History:

EIB/AQCR 602, Coal Burning Equipment - Sulfur Dioxide, 11/17/93, was renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.31, Coal Burning Equipment - Sulfur Dioxide, filed 10/30/95.

20 NMAC 2.31, Coal Burning Equipment - Sulfur Dioxide, filed 10/30/95, was renumbered, reformatted and replaced by 20.2.31 NMAC, Coal Burning Equipment - Sulfur Dioxide, effective 10/31/02.

 

 
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TITLE 20               ENVIRONMENTAL PROTECTION

CHAPTER 2         AIR QUALITY (STATEWIDE)

PART 22               FUGITIVE PARTICULATE MATTER EMISSIONS FROM ROADS WITHIN THE

                                TOWN OF HURLEY

 

 

20.2.22.1               ISSUING AGENCY:  Environmental Improvement Board.

[11/30/95; 20.2.22.1 NMAC - Rn, 20 NMAC 2.22.100 10/31/02]

 

20.2.22.2               SCOPE:  The town of Hurley, New Mexico.

[11/30/95; 20.2.22.2 NMAC - Rn, 20 NMAC 2.22.101 10/31/02]

 

20.2.22.3               STATUTORY AUTHORITY:  Environmental Improvement Act, NMSA 1978, section 74-1-8(A)(4) and (7), and Air Quality Control Act, NMSA 1978, sections 74-2-1 et seq., including specifically, section 74-2-5(A), (B) and (C).

[11/30/95; 20.2.22.3 NMAC - Rn, 20 NMAC 2.22.102 10/31/02]

 

20.2.22.4               DURATION:  Permanent:

[11/30/95; 20.2.22.4 NMAC - Rn, 20 NMAC 2.22.103 10/31/02]

 

20.2.22.5               EFFECTIVE DATE:  November 30, 1995.

[11/30/95; 20.2.22.5 NMAC - Rn, 20 NMAC 2.22.104 10/31/02]

[The latest effective date of any section in this Part is 10/31/02.]

 

20.2.22.6               OBJECTIVE:  The objective of this Part is to establish fugitive particulate matter emission standards for roads within the town of Hurley.

[11/30/95; 20.2.22.6 NMAC - Rn, 20 NMAC 2.22.105 10/31/02]

 

20.2.22.7               DEFINITIONS:  In addition to the terms defined in 20.2.2 NMAC (Definitions), as used in this Part:

                A.            "Fugitive particulate matter emissions" means dust or other solid material released to the atmosphere from any road surface.

                B.            "Part" means an air quality control regulation under Title 20, Chapter 2 of the New Mexico Administrative Code, unless otherwise noted; as adopted or amended by the Board.

                C.            "Road" means streets or highways, including the shoulders thereof, but does not include driveways, alleys or parking areas.

[11/30/95; 20.2.22.7 NMAC - Rn, 20 NMAC 2.22.107 10/31/02]

 

20.2.22.8               AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS:  This Part amends and supersedes Air Quality Control Regulation ("AQCR") 511 -- Fugitive Particulate Matter Emissions from Roads Within the Town of Hurley last filed on November 21, 1978.

                A.            All references to AQCR 511 in any other rule shall be construed as a reference to this Part.

                B.            The amendment and supersession of AQCR 511 shall not affect any administrative or judicial enforcement action pending on the effective date of such amendment nor the validity of any permit issued pursuant to AQCR 511.

[11/30/95; 20.2.22.8 NMAC - Rn, 20 NMAC 2.22.106 10/31/02]

 

20.2.22.9 - 20.2.22.107      [RESERVED]

 

20.2.22.108          REQUIREMENTS:  The owner or person responsible for maintaining any road within the municipal limits of the town of Hurley shall not permit, cause, suffer, or allow the use of such roads unless the surface of the road is paved, maintained with adequate cover of crushed stone, treated periodically with dust suppressant chemicals or oils, or utilize other control measures approved by the Department to minimize the release of fugitive particulate matter emissions to the atmosphere.

[11/30/95; 20.2.22.108 NMAC - Rn, 20 NMAC 2.22.108 10/31/02]

 

HISTORY OF 20.2.22 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the commission of public records-state records center and archives:

AQCR 511, Fugitive Particulate Matter Emissions From Roads Within The Town Of Hurley, 11/21/78.

 

History of Repealed Material:  [RESERVED]

 

Other History:

AQCR 511, Fugitive Particulate Matter Emissions From Roads Within The Town Of Hurley, 11/21/78 was renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.22, Fugitive Particulate Matter Emissions From Roads Within The Town Of Hurley, filed 10/30/95.

20 NMAC 2.22, Fugitive Particulate Matter Emissions From Roads Within The Town Of Hurley, filed 10/30/95 was renumbered, reformatted and replaced by 20.2.22 NMAC, Fugitive Particulate Matter Emissions From Roads Within The Town Of Hurley, effective 10/31/02.

 

 
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TITLE 20               ENVIRONMENTAL PROTECTION

CHAPTER 2         AIR QUALITY (STATEWIDE)

PART 30               KRAFT MILLS

 

 

20.2.30.1               ISSUING AGENCY:  Environmental Improvement Board.

[11/30/95; 20.2.30.1 NMAC - Rn, 20 NMAC 2.30.100 10/31/02]

 

20.2.30.2               SCOPE:  All geographic areas within the jurisdiction of the Environmental Improvement Board.

[11/30/95; 20.2.30.2 NMAC - Rn, 20 NMAC 2.30.101 10/31/02]

 

20.2.30.3               STATUTORY AUTHORITY:  Environmental Improvement Act, NMSA 1978, section 74-1-8(A)(4) and (7), and Air Quality Control Act, NMSA 1978, sections 74-2-1 et seq., including specifically, section 74-2-5 (A), (B) and (C).

[11/30/95; 20.2.30.3 NMAC - Rn, 20 NMAC 2.30.102 10/31/02]

 

20.2.30.4               DURATION:  Permanent.

[11/30/95; 20.2.30.4 NMAC - Rn, 20 NMAC 2.30.103 10/31/02]

 

20.2.30.5               EFFECTIVE DATE:  November 30, 1995.

[11/30/95; 20.2.30.5 NMAC - Rn, 20 NMAC 2.30.104 10/31/02]

[The latest effective date of any section in this Part is 10/31/02.]

 

20.2.30.6               OBJECTIVE:  The objective of this Part is to regulate emissions from kraft mills.

[11/30/95; 20.2.30.6 NMAC - Rn, 20 NMAC 2.30.105 10/31/02]

 

20.2.30.7               DEFINITIONS:  In addition to the terms defined in 20.2.2 NMAC (Definitions), as used in this Part:

                A.            "Kraft mill" means any industrial operation which uses for a cooking liquor an alkaline solution containing sulfur compounds in its pulping process.

                B.            "Part" means an air quality control regulation under Title 20, Chapter 2 of the New Mexico Administrative Code, unless otherwise noted; as adopted or amended by the Board.

                C.            "Recovery furnace stack" means the stack from which the products of combustion are emitted to the ambient air from the recovery furnace.

[11/30/95; 20.2.30.7 NMAC - Rn, 20 NMAC 2.30.107 10/31/02]

 

20.2.30.8               AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS:  This Part amends and supersedes Air Quality Control Regulation ("AQCR") 601 -- Regulation Governing Emission from Kraft Mills last filed January 27, 1970.

                A.            All references to AQCR 601 in any other rule shall be construed as a reference to this Part.

                B.            The amendment and supersession of AQCR 601 shall not affect any administrative or judicial enforcement action pending on the effective date of such amendment nor the validity of any permit issued pursuant to AQCR 601.

[11/30/95; 20.2.30.8 NMAC - Rn, 20 NMAC 2.30.106 10/31/02]

 

20.2.30.9 to 20.2.30.107  [RESERVED]

 

20.2.30.108          EMISSIONS LIMITATIONS:

                A.            The owner or operator of a kraft mill shall not permit, cause, suffer or allow the daily average emission of total reduced sulfur from a recovery furnace stack to exceed 0.1 pounds of sulfur per ton of equivalent air-dried kraft pulp expressed as H2S on a dry gas basis, or 4.0 pounds of particulate matter per ton of pulp on the same basis.

                B.            The owner or operator of a kraft mill shall not permit, cause, suffer or allow the daily average emission of particulate matter from lime kilns to exceed one pound per ton of equivalent air-dried kraft pump.

                C.            The owner or operator of a kraft mill shall not permit, cause, suffer or allow the daily average emission of particulate matter from smelt tanks to exceed one-half pound per ton of air-dried kraft pulp.

                D.            The owner or operator of a kraft mill shall not permit, cause, suffer or allow the daily average emission of total reduced sulfur from any and all operations of a kraft mill to exceed 0.2 pounds per ton of air- dried kraft pulp

[11/30/95; 20.2.30.108 NMAC - Rn, 20 NMAC 2.30.108 10/31/02]

 

HISTORY OF 20.2.30 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the Commission of Public Records-State Records Center and Archives.

HSSD 70-1, Ambient Air Quality Standards And Air Quality Control Regulations, 01/27/70.

 

History of Repealed Material:  [RESERVED]

 

Other History:

HSSD 70-1, Ambient Air Quality Standards And Air Quality Control Regulations, (relating to that portion numbered 601) filed 01/27/70, was renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.30, Kraft Mills, filed 10/30/95.

20 NMAC 2.30, Kraft Mills, filed 10/30/95 was renumbered, reformatted and replaced by 20.2.30 NMAC, Kraft Mills, effective 10/31/02.

 

 
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TITLE 20               ENVIRONMENTAL PROTECTION

CHAPTER 2         AIR QUALITY (STATEWIDE)

PART 21               FUGITIVE PARTICULATE MATTER EMISSIONS FROM NONFERROUS SMELTERS

 

 

20.2.21.1               ISSUING AGENCY:  Environmental Improvement Board.

[11/30/95; 20.2.21.1 NMAC - Rn, 20 NMAC 2.21.100 10/31/02]

 

20.2.21.2               SCOPE:  All geographic areas within the jurisdiction of the Environmental Improvement Board.

[11/30/95; 20.2.21.2 NMAC - Rn, 20 NMAC 2.21.101 10/31/02]

 

20.2.21.3               STATUTORY AUTHORITY: Environmental Improvement Act, NMSA 1978, section 74-1-8(A)(4) and (7), and Air Quality Control Act, NMSA 1978, sections 74-2-1 et seq., including specifically, section 74-2-5(A), (B) and (C).

[11/30/95; 20.2.21.3 NMAC - Rn, 20 NMAC 2.21.102 10/31/02]

 

20.2.21.4               DURATION:  Permanent.

[11/30/95; 20.2.21.4 NMAC - Rn, 20 NMAC 2.21.103 10/31/02]

 

20.2.21.5               EFFECTIVE DATE:  November 30, 1995.

[11/30/95; 20.2.21.5 NMAC - Rn, 20 NMAC 2.21.104 10/31/02]

[The latest effective date of any section in this Part is 10/31/02.]

 

20.2.21.6               OBJECTIVE:  The objective of this Part is to establish fugitive particulate matter emission standards for nonferrous smelters.

[11/30/95; 20.2.21.6 NMAC - Rn, 20 NMAC 2.21.105 10/31/02]

 

20.2.21.7               DEFINITIONS:  In addition to the terms defined in 20.2.2 NMAC (Definitions), as used in this Part:

                A.            "Existing nonferrous smelter" means a nonferrous smelter that was constructed and operational prior to September 1, 1971.

                B.            "Fugitive particulate matter" means particulate matter emissions which escape to the atmosphere due to leakage, materials handling, transfer or storage, travel over unpaved roads or parking areas, or other activities and are not ducted through primary exhaust systems.

                C.            "New nonferrous smelter" means nonferrous smelter the construction or modification of which was commenced after September 1, 1971.

                D.            "Part" means an air quality control regulation under Title 20, Chapter 2 of the New Mexico Administrative Code, unless otherwise noted; as adopted or amended by the Board.

[11/30/95; 20.2.21.7 NMAC - Rn, 20 NMAC 2.21.107 10/31/02]

 

20.2.21.8               AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS:  This Part amends and supersedes Air Quality Control Regulation ("AQCR") 510 -- Fugitive Particulate Matter Emissions from Nonferrous Smelters last filed on July 16, 1986.

                A.            All references to AQCR 510 in any other rule shall be construed as a reference to this Part.

                B.            The amendment and supersession of AQCR 510 shall not affect any administrative or judicial enforcement action pending on the effective date of such amendment nor the validity of any permit issued pursuant to AQCR 510.

[11/30/95; 20.2.21.8 NMAC - Rn, 20 NMAC 2.21.106 10/31/02]

 

20.2.21.9 - 20.2.21.107 [RESERVED]

 

20.2.21.108          CONTROL REQUIREMENTS:

                A.            The owner or operator of an existing nonferrous smelter shall not permit, cause, suffer, or allow the operation of the nonferrous smelter unless the owner or operator:

                    (1)     Installs and operates well-designed exhaust hoods, fans and ducts, or other control systems approved by the Department as at least as effective to capture fugitive particulate matter emissions from the matte tapping, transfer, ladle filling and slag skimming operation of the reverberatory furnace;

                    (2)     Maintains and operates all furnaces, converters and converter hoods so that fugitive particulate matter emissions are minimized to the maximum extent practicable; and

                    (3)     Maintains all ducts, flues, waste-heat boilers and stacks in as near, leak-free condition as practicable.

                B.            The owner or operator of an existing nonferrous smelter shall not permit, cause, suffer or allow the transfer or conveying of particulate matter from electrostatic precipitators, waste-heat boilers or other dry particulate control equipment unless fugitive particulate matter emissions are controlled by:

                    (1)     Production of a pelletized, wet, or other non-dusting product within an enclosed system to prevent the escape of fugitive particulate matter to the atmosphere; or

                    (2)     The use of hoods or enclosures and venting collected particulate matter through fabric filters or other control systems approved by the Department as at least as effective to reduce fugitive particulate matter emissions to the atmosphere.

[11/30/95; 20.2.21.108 NMAC - Rn, 20 NMAC 2.21.108 10/31/02]

 

20.2.21.109          STORAGE PILES:  The owner or operator of an existing nonferrous smelter shall not permit, cause, suffer or allow the establishment, operation, or use of storage piles for copper ore concentrate, copper precipitate, lime or limestone, or fine silica flux materials within the boundary of the smelter unless the storage and associated materials handling areas are enclosed or other control methods approved by the Department as at least as effective to reduce fugitive particulate matter emissions to the atmosphere are utilized.

[11/30/95; 20.2.21.109 NMAC - Rn, 20 NMAC 2.21.109 10/31/02]

 

20.2.21.110          ROADWAYS AND PARKING AREAS:  The owner or operator of an existing nonferrous smelter shall not permit, cause, suffer, or allow the use of any roadway or parking area within the boundaries of the smelter and associated facilities unless the roadway or parking area is paved and frequently cleaned, or other control measures approved by the Department as at least effective to reduce fugitive particulate matter emissions to the atmosphere are utilized.  Where the owner or operator of an existing nonferrous smelter demonstrates to the satisfaction of the Department that certain roadways or parking areas are used infrequently, the Department may allow the use of less effective control measures such as the application of crushed stone or periodic treatment with dust suppressant chemicals or oils to such roadways or parking areas.

[11/30/95; 20.2.21.110 NMAC - Rn, 20 NMAC 2.21.110 10/31/02]

 

HISTORY OF 20.2.21 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the commission of public records-state records center and archives:

AQCR 510, Fugitive Particulate Matter Emissions From Nonferrous Smelters, 11/21/78.

EIB/AQCR 510, Air Quality Control Regulation 510 - Fugitive Particulate Matter Emissions From Nonferrous Smelters, 07/16/86.

 

History of Repealed Material:  [RESERVED]

 

Other History:

EIB/AQCR 510, Air Quality Control Regulation 510 - Fugitive Particulate Matter Emissions From Nonferrous Smelters, 07/16/86 was renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.21, Fugitive Particulate Matter Emissions From Nonferrous Smelters, filed 10/30/95.

20 NMAC 2.21, Fugitive Particulate Matter Emissions From Nonferrous Smelters, filed 10/30/95 was renumbered, reformatted and replaced by 20.2.21 NMAC, Fugitive Particulate Matter Emissions From Nonferrous Smelters, effective 10/31/02.

 

 
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TITLE 20               ENVIRONMENTAL PROTECTION

CHAPTER 2         AIR QUALITY (STATEWIDE)

PART 20               LIME MANUFACTURING PLANTS – PARTICULATE MATTER

 

 

20.2.20.1               ISSUING AGENCY:  Environmental Improvement Board.

[11/30/95; 20.2.20.1 NMAC - Rn, 20 NMAC 2.20.100 10/31/02]

 

20.2.20.2               SCOPE:  All geographic areas within the jurisdiction of the Environmental Improvement Board.

[11/30/95; 20.2.20.2 NMAC - Rn, 20 NMAC 2.20.101 10/31/02]

 

20.2.20.3               STATUTORY AUTHORITY:  Environmental Improvement Act, NMSA 1978, section 74-1-8(A)(4) and (7), and Air Quality Control Act, NMSA 1978, sections 74-2-1 et seq., including specifically, section 74-2-5(A), (B) and (C).

[11/30/95; 20.2.20.3 NMAC - Rn, 20 NMAC 2.20.102 10/31/02]

 

20.2.20.4               DURATION:  Permanent.

[11/30/95; 20.2.20.4 NMAC - Rn, 20 NMAC 2.20.103 10/31/02]

 

20.2.20.5               EFFECTIVE DATE:  November 30, 1995.

[11/30/95; 20.2.20.5 NMAC - Rn, 20 NMAC 2.20.104 10/31/02]

[The latest effective date of any section in this Part is 10/31/02.]

 

20.2.20.6               OBJECTIVE:  The objective of this Part is to establish particulate matter emission standards for lime manufacturing plants.

[11/30/95; 20.2.20.6 NMAC - Rn, 20 NMAC 2.20.105 10/31/02]

 

20.2.20.7               DEFINITIONS:  In addition to the terms defined in 20.2.2 NMAC (Definitions), as used in this Part:

                A.            "Commenced" means that an owner or operator has undertaken a continuous program of construction or that an owner or operator has entered into a binding contractual obligation to undertake and complete within a reasonable time a continuous program of construction.

                B.            "Existing lime manufacturing plant" means any plant that produces lime by calcination that was constructed and operational, or at which construction was commenced, prior to May 3, 1977, and includes all crushers, conveyors, screens and other size-classification units, hoppers, chutes and kilns.

                C.            "Lime" means the product of the calcination process and includes, but is not limited to, calcitic lime, dolomitic lime, and dead burned dolomite.

                D.            "Lime hydrator" means a unit used to produce hydrated lime.

                E.             "Modification" means a physical change or change in the manner of operation which increases the amount of any air contaminant emitted by the lime manufacturing plant or which results in the emission of any air contaminant not previously emitted.

                F.             New lime manufacturing plant" means any plant that produces lime by calcination at which construction or modification was commenced on or after May 3, 1977, and includes all crushers, conveyors, screens and other size-classification units, hoppers, chutes and kilns.  New lime manufacturing plant also includes any plant which produces hydrated lime, the construction or modification of which was commenced on or after May 3, 1977.

                G.            "Opacity" means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background.

                H.            "Part" means an air quality control regulation under Title 20, Chapter 2 of the New Mexico Administrative Code, unless otherwise noted; as adopted or amended by the Board.

                I.              "Rotary lime kiln" means a unit with an inclined rotating drum which is used to produce lime from limestone by calcination.

[11/30/95; 20.2.20.7 NMAC - Rn, 20 NMAC 2.20.107 10/31/02]

 

20.2.20.8               AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS:  This Part amends and supersedes Air Quality Control Regulation ("AQCR") 509 -- Lime Manufacturing Plants -- Particulate Matter last filed November 21, 1978.

                A.            All references to AQCR 509 in any other rule shall be construed as a reference to this Part.

                B.            The amendment and supersession of AQCR 509 shall not affect any administrative or judicial enforcement action pending on the effective date of such amendment nor the validity of any permit issued pursuant to AQCR 509.

[11/30/95; 20.2.20.8 NMAC - Rn, 20 NMAC 2.20.106 10/31/02]

 

20.2.20.9               DOCUMENTS:  Documents cited in this Part may be viewed at the New Mexico Environment Department, Air Quality Bureau, Runnels Building, 1190 Saint Francis Drive, Santa Fe, NM  87505 [2048 Galisteo St., Santa Fe, NM 87505].

[11/30/95; 20.2.20.9 NMAC - Rn, 20 NMAC 2.20.108 10/31/02]

 

20.2.20.10 to 20.2.20.108  [RESERVED]

 

20.2.20.109          EMISSIONS LIMITATIONS - NEW PLANT:  The owner or operator of a new lime manufacturing plant shall not permit, cause, suffer or allow emissions of particulate matter to the atmosphere to:

                A.            Exceed 0.30 pounds per ton of limestone feed, or exhibit ten percent opacity or greater, from any lime kiln; or

                B.            Exceed 0.15 pounds per ton of lime feed to any lime hydrator.

[11/30/95; 20.2.20.109 NMAC - Rn, 20 NMAC 2.20.109 10/31/02]

 

20.2.20.110          EMISSIONS LIMITATIONS - EXISTING PLANT:  The owner or operator of an existing lime manufacturing plant shall not permit, cause, suffer or allow emissions of particulate matter to the atmosphere to exceed 10 pounds per hour from any rotary lime kiln.

[11/30/95; 20.2.20.110 NMAC - Rn, 20 NMAC 2.20.110 10/31/02]

 

20.2.20.111          EMISSION CONTROLS:  Any person owning or operating a lime manufacturing plant shall equip and maintain all crushers, screens or other size-classification units, hoppers and chutes with:

                A.            Systems of enclosures, dust suppressant sprays and other measures as necessary to prevent the release of particulate matter emissions to the atmosphere; or

                B.            Equip such process units with hoods, fans, and fabric filters, wet scrubbers or other collection and control systems approved by the Department as at least as effective to reduce particulate matter emissions to the atmosphere.

[11/30/95; 20.2.20.111 NMAC - Rn, 20 NMAC 2.20.111 10/31/02]

 

20.2.20.112          STACK REQUIREMENTS:  The owner or operator of lime manufacturing plants shall not permit, cause, suffer or allow emissions of particulate matter to the atmosphere from a lime kiln or lime hydrator except through stacks equipped with sampling ports and platforms in such number, location and size to allow accurate sampling to be performed.

[11/30/95; 20.2.20.112 NMAC - Rn, 20 NMAC 2.20.112 10/31/02]

 

20.2.20.113          STACK TESTING:  Compliance with 20.2.20.109 NMAC and 20.2.20.110 NMAC  shall be determined consistent with the method for manual stack testing set forth by the US EPA at 40 CFR, Part 60, Appendix A, Methods 1 through 5, or any other method receiving prior approval from the Department.  Upon request of the Department, the owner or operator of lime manufacturing plants shall perform stack testing according to the method stated above and report the results of such tests in the format and time period specified by the Department.  The owner or operator shall inform the Department of the dates and times of such testing so that the Department may have opportunity to have an observer present during testing.

[11/30/95; 20.2.20.113 NMAC - Rn, 20 NMAC 2.20.113 10/31/02]

 

20.2.20.114          CONTINUOUS EMISSION MONITORS - NEW PLANTS:  The owner or operator of a new lime manufacturing plant shall not permit, cause, suffer or allow operation of the new lime manufacturing plant unless the plant is equipped with continuous monitoring systems as specified in 40 CFR, Part 60, Subpart HH, Section 60.343.

[11/30/95; 20.2.20.114 NMAC - Rn, 20 NMAC 2.20.114 10/31/02]

 

HISTORY OF 20.2.20 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the Commission of Public Records-State Records Center and Archives.

ACQR 509, Air Quality Control Regulation 509 - Lime Manufacturing Plants - Particulate Matter, 11/21/78.

 

History of Repealed Material:  [RESERVED]

 

Other History:

ACQR 509, Air Quality Control Regulation 509 - Lime Manufacturing Plants - Particulate Matter, 11/21/78, was renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.20, Lime Manufacturing Plants - Particulate Matter, filed 10/30/95.

20 NMAC 2.20, Lime Manufacturing Plants - Particulate Matter, filed 10/30/95, was renumbered, reformatted and replaced by 20.2.20 NMAC, Lime Manufacturing Plants - Particulate Matter, effective 10/31/02.

 

 
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TITLE 20               ENVIRONMENTAL PROTECTION

CHAPTER 2         AIR QUALITY (STATEWIDE)

PART 19               POTASH, SALT OR SODIUM SULFATE PROCESSING EQUIPMENT - PARTICULATE

                                MATTER

 

 

20.2.19.1               ISSUING AGENCY:  Environmental Improvement Board.

[11/30/95; 20.2.19.1 NMAC - Rn, 20 NMAC 2.19.100 10/31/02]

 

20.2.19.2               SCOPE:  All geographic areas within the jurisdiction of the Environmental Improvement Board.

[11/30/95; 20.2.19.2 NMAC - Rn, 20 NMAC 2.19.101 10/31/02]

 

20.2.19.3               STATUTORY AUTHORITY:  Environmental Improvement Act, NMSA 1978, section 74-1-8(A)(4) and (7) and Air Quality Control Act, NMSA 1978, sections 74-2-1 et seq., including specifically, section 74-2-4(A), (B), and (C).

[11/30/95; 20.2.19.3 NMAC - Rn, 20 NMAC 2.19.102 10/31/02]

 

20.2.19.4               DURATION:  Permanent.

[11/30/95; 20.2.19.4 NMAC - Rn, 20 NMAC 2.19.103 10/31/02]

 

20.2.19.5               EFFECTIVE DATE:  November 30, 1995.

[11/30/95; 20.2.19.5 NMAC - Rn, 20 NMAC 2.19.104 10/31/02]

[The latest effective date of any section in this Part is 10/31/02.]

 

20.2.19.6               OBJECTIVE:  The objective of this Part is to establish particulate matter emission standards for potash, salt or sodium sulfate processing equipment.

[11/30/95; 20.2.19.6 NMAC - Rn, 20 NMAC 2.19.105 10/31/02]

 

20.2.19.7               DEFINITIONS:  In addition to the terms defined in 20.2.2 NMAC (Definitions), as used in this Part:

                A.            "Best engineering practices" means, with respect to control of fugitive particulate matter emissions, the installation and use of hoods, enclosures, ducts, covers, sprays, or other equipment or measures on potash, salt or sodium sulfate processing equipment as necessary to prevent particulate matter from becoming airborne.

                B.            "Compactor operations" means compaction of fine muriate of potash materials and recrushing, screening or other size classification, and drying of the compacted materials.

                C.            "Commenced" means that an owner or operator has undertaken a continuous program of construction or that an owner or operator has entered into a binding contractual obligation to undertake and complete within a reasonable time a continuous program of construction.

                D.            "Existing potash, salt or sodium sulfate processing equipment" means process equipment in which the fabrication, erection or installation was commenced prior to January 1, 1979, and includes all crushers, grinders, screens, and other size-classification units, compactors, granulators, evaporators, dryers, conveyors, storage piles (including ore, product or other storage piles), facilities for bagging and loading, and any other process units with particulate matter emissions to the atmosphere.

                E.             "Fugitive particulate matter emissions" means particulate matter emissions which escape from potash, salt or sodium sulfate processing equipment due to leakage, materials handling, transfer and storage or other causes without being ducted through a stack.

                F.             "Good engineering practice" means, with respect to stack heights, the height necessary to insure that emissions from the stack do not result in excessive concentrations of any pollutant in the immediate vicinity of the source as a result of atmospheric downwash, eddies and wakes which may be created by the source itself, nearby structures or nearby terrain obstacles.  Such height shall not exceed:

                    (1)     a thirty meters for stacks not influenced by the source itself, nearby structures or terrain; or

                    (2)     for stacks that are influenced by nearby structures or terrain, the height determined by use of the equation Hg = H + 1.5 L, where:  Hg = good engineering practice stack heights; H = the height of the source or nearby structure; and L = the lesser dimension (height or width) of the source or nearby structure.

                G.            "Modification" means a physical change or change in the manner of operation which increases the amount of any air contaminant emitted by the potash, salt or sodium sulfate processing equipment or which results in the emission of any air contaminant not previously emitted.

                H.            "New potash, salt or sodium sulfate processing equipment" means process equipment or process unit thereof, the fabrication, erection, installation or modification of which is commenced on or after January 1, 1979, and includes all crushers, grinders, screens and other size-classification units, compactors, granulators, evaporators, dryers, conveyors, storage piles (including ore, product or other storage piles) facilities for bagging and loading, and any other process units with particulate matter emissions to the atmosphere.  New potash, salt or sodium sulfate processing equipment does not include process equipment installed solely to replace equivalent equipment installed prior to January 1, 1979, if the replacement equipment will not result in a significant increase in capacity.

                I.              "Part" means an air quality control regulation under Title 20, Chapter 2 of the New Mexico Administrative Code, unless otherwise noted; as adopted or amended by the Board.

                J.             "Potash" means muriate potash (the chemical compound potassium chloride, KCl), sulfate of potash (the chemical compound sulfate K2SO4), and langbeinite (the chemical compound potassium magnesium sulfate, K2SO4∙2MgSO4), or any other potassium, magnesium or mixed-potassium salts, and includes ores, intermediates, products and reaction products of such compounds.

                K.            "Salt" means the chemical compound sodium chloride (NaCl) and includes ores, intermediates, products and reaction products of this compound.

                L.            "Sodium sulfate" means the chemical compound sodium sulfate (Na2SO4) and includes ores, intermediates, products and reaction products of this compound.

                M.           "Standard conditions" means temperature of 68 degrees Fahrenheit and pressure of 29.92 inches of mercury.

                N.            "Submerged combustion evaporators" means vessels in which combustion occurs beneath the surface of a solution of dissolved potash, salt or sodium sulfate materials for the purpose of evaporating water.

[11/30/95; 20.2.19.7 NMAC - Rn, 20 NMAC 2.19.107 10/31/02]

 

20.2.19.8               AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS:  This Part amends and supersedes Air Quality Control Regulation ("AQCR") 508 -- Potash, Salt or Sodium Sulfate Processing Equipment -- Particulate Matter last filed July 16, 1986.

                A.            All references to AQCR 508 in any other rule shall be construed as a reference to this Part.

                B.            The amendment and supersession of AQCR 508 shall not affect any administrative or judicial enforcement action pending on the effective date of such amendment nor the validity of any permit issued pursuant to AQCR 508.

[11/30/95; 20.2.19.8 NMAC - Rn, 20 NMAC 2.19.106 10/31/02]

 

20.2.19.9               DOCUMENTS:  Documents cited in this Part may be viewed at the New Mexico Environment Department, Air Quality Bureau, Runnels Building, 1190 Saint Francis Drive, Santa Fe, NM  87505 [2048 Galisteo St., Santa Fe, NM 87505].

[11/30/95; 20.2.19.9 NMAC - Rn, 20 NMAC 2.19.108 10/31/02]

 

20.2.19.10 to 20.2.19.108  [RESERVED]

 

20.2.19.109          ALLOWABLE EMISSIONS:

                A.            The owner or operator of new potash, salt or sodium sulfate processing equipment shall not permit, cause, suffer or allow particulate matter emissions to the atmosphere:

                    (1)     to exceed 0.10 grains per dry cubic foot of discharge gas adjusted to standard conditions from dryers; or

                    (2)     to exceed 0.04 grains per dry cubic foot of discharge gas adjusted to standard conditions from all other processing equipment.

                B.            The owner or operator of existing potash, salt or sodium sulfate processing equipment shall not permit, cause, suffer or allow particulate matter emissions to the atmosphere:

                    (1)     in excess of a total of 90 pounds per hour from all stacks serving equipment used in drying muriate of potash and all associated compactor operations;

                    (2)     in excess of a total of 90 pounds per hour from all stacks serving equipment used in drying langbeinite;

                    (3)     in excess of a total of 35 pounds per hour from all stacks serving equipment used in drying sulfate of potash and associated screening operations;

                    (4)     in excess of a total of 15 pounds per hour from all stacks serving equipment used in dry milling of fine langbeinite; and

                    (5)     in excess of a total of 50 pounds per hour from all stacks serving equipment used in drying salt or sodium sulfate.

                C.            The owner or operator of existing potash, salt or sodium sulfate processing equipment shall not permit, cause, suffer or allow particulate matter emissions to the atmosphere in excess of a total of 30 pounds per hour from all stacks serving evaporators.

                D.            The owner or operator of existing potash, salt or sodium sulfate processing equipment shall not permit, cause, suffer or allow particulate matter emissions from any equipment not regulated by subsections A, B, or C of 20.2.19.109 NMAC to exceed the allowable rates specified within Table 1.

                    (1)     Interpolation of rates not specified within the table shall be accomplished by use of the equation:  E = 0.045 times q raised to the power 0.62, where E is the allowable emission rate expressed in pounds per hour and q is the stack volumetric flow rate expressed in dry cubic feet per minute adjusted to standard conditions.

                    (2)     Table 1 - Allowable Particulate Emission Rates for Specific Stack Volumetric Flow Rates:

 

Volumetric Flow Rate

(dscfm)

Allowable Emission Rate

(lb/hr)

1,000 or less

3.3

2,000

5.0

4,000

7.7

6,000

9.9

8,000

11.8

10,000

13.6

20,000

20.9

30,000

26.9

40,000

32.1

50,000

36.9

60,000

41.3

70,000 or greater

45.4

 

[11/30/95; 20.2.19.109 NMAC - Rn, 20 NMAC 2.19.109 10/31/02]

 

20.2.19.110          PROCESSING EQUIPMENT AND STACKS:

                A.            The owner or operator of potash, salt or sodium sulfate processing equipment shall not install or utilize any equipment or mechanism which increases the volume of gases emitted from a stack or stacks so as to decrease the apparent concentration of particulate matter within the gas stream so as to circumvent the requirements of subsection A of 20.2.19.109 NMAC above or increase the allowable emission rate as specified within subsection D of 20.2.19.109 NMAC.

                B.            The owner or operator of potash, salt or sodium sulfate processing equipment shall not permit, cause, suffer or allow emissions of particulate matter to the atmosphere except through stacks equipped with sampling ports and platforms in such number, location and size to allow accurate sampling to be performed.  Stack height shall meet standards for good engineering practice.  When it is not feasible to direct certain emissions through a stack, the owner or operator must utilize best engineering practices to minimize the release of fugitive particulate matter emissions to the atmosphere.

                C.            Where a stack or stacks regulated by subsection B or C of 20.2.19.109 NMAC also carry discharge gases from equipment regulated by subsection D of 20.2.19.109 NMAC, the allowable emission limit for the stack or stacks shall be increased by the allowable emission rate for the volume of discharge gases arising from the equipment regulated by subsection D of 20.2.19.109 NMAC.  The additional allowed emissions shall be calculated as specified within subsection D of 20.2.19.109 NMAC based upon a determination of the volume of discharge gases prior to the point at which they are combined with discharged gases from equipment regulated by subsections B or C of 20.2.19.109 NMAC.  In no case shall the allowable emissions from a stack or stacks which carry combined discharge gases exceed the sum of the allowable emission if the discharge gases were not combined.

[11/30/95; 20.2.19.110 NMAC - Rn, 20 NMAC 2.19.110 10/31/02]

 

20.2.19.111          TEST METHODS:  Compliance with 20.2.19.109 NMAC shall be determined consistent with the method for manual stack testing set forth by the US EPA at 40 CFR, Part 60, Appendix A, Methods 1 through 5, or any other method receiving prior approval from the Department.  Upon request of the Department, the owner or operator of potash, salt or sodium sulfate processing equipment shall perform stack testing according to the method stated above and report the results of such tests in the format and time period specified by the Department.  The Department shall not require testing of a stack or stacks more frequently than annually unless the Department has reason to believe that the emissions from the stack or stacks may be in violation of applicable emission limits, or a test is necessary to demonstrate compliance after the completion of measures intended to gain compliance on a stack or stacks previously determined to be in violation of applicable emission limits.  The owner or operator shall inform the Department of the dates and times of such testing so that the Department may have the opportunity to have an observer present during testing.

[11/30/95; 20.2.19.111 NMAC - Rn, 20 NMAC 2.19.110 10/31/02]

 

HISTORY OF 20.2.19 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the commission of public records-state records center and archives:

HSSD 70-1, Ambient Air Quality Standards And Air Quality Control Regulations, 01/27/70.

AQCR 508, Potash, Salt Or Sodium Sulfate Processing Equipment - Particulate Matter, 11/21/78.

EIB/AQCR 508, Air Quality Control Regulation 508 - Potash, Salt Or Sodium Sulfate Processing Equipment - Particulate Matter, 07/16/86.

 

History of Repealed Material:  [RESERVED]

 

Other History:

EIB/AQCR 508, Air Quality Control Regulation 508 - Potash, Salt Or Sodium Sulfate Processing Equipment - Particulate Matter, 07/16/86 was renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.19, Potash, Salt Or Sodium Sulfate Processing Equipment - Particulate Matter, filed 10/30/95.

20 NMAC 2.19, Potash, Salt Or Sodium Sulfate Processing Equipment - Particulate Matter, filed 10/30/95 was renumbered, reformatted and replaced by 20.2.19 NMAC, Potash, Salt Or Sodium Sulfate Processing Equipment - Particulate Matter, effective 10/31/02.

 

 
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TITLE 20               ENVIRONMENTAL PROTECTION

CHAPTER 2         AIR QUALITY (STATEWIDE)

PART 18               OIL BURNING EQUIPMENT – PARTICULATE MATTER

 

 

20.2.18.1               ISSUING AGENCY:  Environmental Improvement Board.

[11/30/95; 20.2.18.1 NMAC - Rn, 20 NMAC 2.18.100 10/31/02]

 

20.2.18.2               SCOPE:  All geographic areas within the jurisdiction of the Environmental Improvement Board.  [11/30/95; 20.2.18.2 NMAC - Rn, 20 NMAC 2.18.101 10/31/02]

 

20.2.18.3               STATUTORY AUTHORITY:  Environmental Improvement Act, NMSA 1978, section 74-1-8(A)(4)and (7), and Air Quality Control Act, NMSA 1978, sections 74-2-1 et seq., including specifically, section 74-2-5 (A), (B) and (C).

[11/30/95; 20.2.18.3 NMAC - Rn, 20 NMAC 2.18.102 10/31/02]

 

20.2.18.4               DURATION:  Permanent.

[11/30/95; 20.2.18.4 NMAC - Rn, 20 NMAC 2.18.103 10/31/02]

 

20.2.18.5               EFFECTIVE DATE:  November 30, 1995.

[11/30/95; 20.2.18.5 NMAC - Rn, 20 NMAC 2.18.104 10/31/02]

[The latest effective date of any section in this Part is 10/31/02.]

 

20.2.18.6               OBJECTIVE:  The objective of this Part is to establish particulate matter emission standards for oil burning equipment.

[11/30/95; 20.2.18.6 NMAC - Rn, 20 NMAC 2.18.105 10/31/02]

 

20.2.18.7               DEFINITIONS:  In addition to the terms defined in 20.2.2 NMAC (Definitions), as used in this Part:

                A.            "Commenced" means that an owner or operator has undertaken a continuous program of construction or that an owner or operator has entered into a binding agreement or contractual obligation to undertake and complete, within a reasonable time, a continuous program of construction.

                B.            "Construction" means fabrication, erection or installation of an affected facility.

                C.            "Existing oil-burning equipment" means oil burning equipment that was fully constructed and operational or under construction prior to August 17, 1971.  Existing oil burning equipment also includes any gas burning equipment that is converted to burn oil for energy considerations if the gas burning equipment was fully constructed and operational on January 21, 1979.

                D.            "New oil burning equipment" means oil burning equipment the construction of which is commenced after August 17, 1971.

                E.             "Opacity" means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background.

                F.             "Part" means an air quality control regulation under Title 20, Chapter 2 of the New Mexico Administrative Code, unless otherwise noted; as adopted or amended by the Board.

                G.            "Visible emissions" means particulate or gaseous matter which can be detected by the human eye.

[11/30/95; 20.2.18.7 NMAC - Rn, 20 NMAC 2.18.107 10/31/02]

 

20.2.18.8               AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS:  This Part amends and supersedes Air Quality Control Regulation ("AQCR") 507 --  Oil Burning Equipment -- Particulate Matter last filed December 21, 1978.

                A.            All references to AQCR 507 in any other rule shall be construed as a reference to this Part.;

                B.            The amendment and supersession of AQCR 507 shall not affect any administrative or judicial enforcement action pending on the effective date of such amendment nor the validity of any permit issued pursuant to AQCR 507.

[11/30/95; 20.2.18.8 NMAC - Rn, 20 NMAC 2.18.106 10/31/02]

 

20.2.18.9               DOCUMENTS:  Documents cited in this Part may be viewed at the New Mexico Environment Department, Air Quality Bureau, Runnels Building, 1190 Saint Francis Drive, Santa Fe, NM  87505 [2048 Galisteo St., Santa Fe, NM 87505].

[11/30/95; 20.2.18.9 NMAC - Rn, 20 NMAC 2.18.108 10/31/02]

 

20.2.18.10 to 20.2.18.108  [RESERVED]

 

20.2.18.109          EMISSION LIMITATIONS -- NEW EQUIPMENT:  The owner or operator of new oil burning equipment having a rated heat capacity greater than 250 million British Thermal Units per hour (higher heating value) per unit shall not permit, cause, suffer or allow particulate matter emissions to the atmosphere in excess of 0.03 pounds per million British Thermal Units of heat input (higher heating value) or visible emissions in excess of an opacity of twenty percent (20%) except as provided in 20.2.18.111 NMAC

[11/30/95; 20.2.18.109 NMAC - Rn, 20 NMAC 2.18.109 10/31/02]

 

20.2.18.110          EMISSION LIMITATIONS -- EXISTING EQUIPMENT:  The owner or operator of existing oil burning equipment having a rated heat capacity greater than 250 million British Thermal Units per hour (higher heating value) per unit shall not permit, cause, suffer or allow particulate matter emissions to the atmosphere:

                A.            in excess of 0.05 pounds per million British Thermal Units of heat input (higher heating value) from equipment used to generate steam or electrical power for other than on-site use;

                B.            in excess of 0.10 pounds per million British Thermal Units of heat input (higher heating value) from equipment used to generate steam or electrical power for on-site use only and constructed on or after January 1, 1950; and

                C.            in excess of 0.20 pounds per million British Thermal Units of heat input (higher heating value) from equipment used to generate steam or electrical power for on-site use only and constructed before January 1, 1950.

[11/30/95; 20.2.18.110 NMAC - Rn, 20 NMAC 2.18.110 10/31/02]

 

20.2.18.111          VISIBLE EMISSIONS EXCEPTIONS:  Visible emissions resulting from light off of new flames, blowing tubes and flues, or changing fuels while operating shall not be deemed violations provided the visible emissions do not exceed twenty-seven percent (27%) opacity for a period or periods aggregating not more than 6 minutes in any 60 minute period for units governed by 20.2.18.109 NMAC.

[11/30/95; 20.2.18.111 NMAC - Rn, 20 NMAC 2.18.111 10/31/02]

 

20.2.18.112          EMISSIONS DETERMINATIONS:  Particulate matter emissions governed by 20.2.18.109 NMAC and 20.2.18.110 NMAC shall be determined by a method consistent with the method set forth by the US EPA at 40 CFR, Part 60, Appendix A, Methods 1 through 5 or any other equivalent method receiving prior approval from the Department.  Upon request of the Department, the owner or operator of oil burning equipment regulated by 20.2.18.109 NMAC and 20.2.18.110 NMAC shall perform stack testing according to the method stated above and report the results of such tests in the format and time period specified by the Department.  The owner or operator shall inform the Department of the dates and times of such testing so that the Department may have an opportunity to have an observer present during testing.

[11/30/95; 20.2.18.112 NMAC - Rn, 20 NMAC 2.18.112 10/31/02]

 

20.2.18.113          OPACITY DETERMINATIONS:  Opacity of emissions from oil burning equipment subject to this Part shall be determined consistent with the method set forth by the US EPA at 40 CFR, Part 60, Appendix A, Method 9 or any other equivalent method receiving prior approval from the Department.  The time period for taking opacity readings shall be for a minimum of six minutes.

[11/30/95; 20.2.18.113 NMAC - Rn, 20 NMAC 2.18.113 10/31/02]

 

HISTORY OF 20.2.18 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the Commission of Public Records-State Records Center and Archives.

HSSD 70-1, Ambient Air Quality Standards And Air Quality Control Regulations, 01/27/70.

ACQR 507, Air Quality Control Regulation 507 - Oil Burning Equipment - Particulate Matter, 02/17/72.

ACQR 507, Air Quality Control Regulation 507 - Oil Burning Equipment - Particulate Matter, 12/21/78.

 

History of Repealed Material:  [RESERVED]

 

Other History:

ACQR 507, Air Quality Control Regulation 507 - Oil Burning Equipment - Particulate Matter, 12/21/78, was renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.18, Oil Burning Equipment - Particulate Matter, filed 10/30/95.

20 NMAC 2.18, Oil Burning Equipment - Particulate Matter, filed 10/30/95, was renumbered, reformatted and replaced by 20.2.18 NMAC, Oil Burning Equipment - Particulate Matter, effective 10/31/02.

 

 
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TITLE 20               ENVIRONMENTAL PROTECTION

CHAPTER 2         AIR QUALITY (STATEWIDE)

PART 17               NONFERROUS SMELTERS (EXISTING) – PARTICULATE MATTER

 

 

20.2.17.1               ISSUING AGENCY:  Environmental Improvement Board.

[11/30/95; 20.2.17.1 NMAC - Rn, 20 NMAC 2.17.100 10/31/02]

 

20.2.17.2               SCOPE:  All geographic areas within the jurisdiction of the Environmental Improvement Board.

[11/30/95; 20.2.17.2 NMAC - Rn, 20 NMAC 2.17.101 10/31/02]

 

20.2.17.3               STATUTORY AUTHORITY:  Environmental Improvement Act, NMSA 1978, section 74-1-8(A)(4)and (7), and Air Quality Control Act, NMSA 1978, sections 74-2-1 et seq., including specifically, section 74-2-5 (A), (B) and (C).

[11/30/95; 20.2.17.3 NMAC - Rn, 20 NMAC 2.17.102 10/31/02]

 

20.2.17.4               DURATION:  Permanent.

[11/30/95; 20.2.17.4 NMAC - Rn, 20 NMAC 2.17.103 10/31/02]

 

20.2.17.5               EFFECTIVE DATE:  November 30, 1995.

[11/30/95; 20.2.17.5 NMAC - Rn, 20 NMAC 2.17.104 10/31/02]

[The latest effective date of any section in this Part is 10/31/02.]

 

20.2.17.6               OBJECTIVE:  The objective of this Part is to establish particulate matter emission standards for existing nonferrous smelters.

[11/30/95; 20.2.17.6 NMAC - Rn, 20 NMAC 2.17.105 10/31/02]

 

20.2.17.7               DEFINITIONS:  In addition to the terms defined in 20.2.2 NMAC (Definitions), as used in this Part:

                A.            "Existing nonferrous smelter" means a nonferrous smelter which was constructed and fully operational prior to September 1, 1971.

                B.            "Part" means an air quality control regulation under Title 20, Chapter 2 of the New Mexico Administrative Code, unless otherwise noted; as adopted or amended by the Board.;

                C.            "Standard conditions" means temperature of 68 degrees Fahrenheit and pressure of 29.92 inches of mercury.

[11/30/95; 20.2.17.7 NMAC - Rn, 20 NMAC 2.17.107 10/31/02]

 

20.2.17.8               AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS:  This Part amends and supersedes Air Quality Control Regulation ("AQCR") 506.1 -- Existing Nonferrous Smelters -- Particulate Matter -- Additional Requirements last filed March 16, 1979.

                A.            All references to AQCR 506.1 in any other rule shall be construed as a reference to this Part.

                B.            The amendment and supersession of AQCR 506.1 shall not affect any administrative or judicial enforcement action pending on the effective date of such amendment nor the validity of any permit issued pursuant to AQCR 506.1.

[11/30/95; 20.2.17.8 NMAC - Rn, 20 NMAC 2.17.106 10/31/02]

 

20.2.17.9               DOCUMENTS:  Documents cited in this Part may be viewed at the New Mexico Environment Department, Air Quality Bureau, Runnels Building, 1190 Saint Francis Drive, Santa Fe, NM  87505 [2048 Galisteo St., Santa Fe, NM 87505].

[11/30/95; 20.2.17.9 NMAC - Rn, 20 NMAC 2.17.108 10/31/02]

 

20.2.17.10 to 20.2.17.108  [RESERVED]

 

20.2.17.109          EMISSION LIMITATION:  The owner or operator of an existing nonferrous smelter shall not permit, cause, suffer or allow particulate matter emissions to the atmosphere in excess of 0.05 grains per dry cubic foot of discharge gas, adjusted to standard conditions, from the stack or stacks serving the reverberatory furnace or any smelting furnace which replaces the reverberatory furnace.

[11/30/95; 20.2.17.109 NMAC - Rn, 20 NMAC 2.17.109 10/31/02]

 

20.2.17.110          COMPLIANCE DETERMINATION:  Compliance with 20.2.17.109 NMAC shall be determined by a method consistent with the method set forth by the US EPA at 40 CFR, Part 60, Appendix A, Methods 1 through 5, except that Method 5 is modified as follows:  The distilled water specified in the first impinger of Method 5 is replaced with isopropyl alcohol solution as specified within Method 8 of 40 CFR, Part 60, Appendix A.  The temperature of the probe and oven containing the cyclone and filter should be maintained above the dew point of sulfuric acid mist in order to prevent condensation of acid mist within the probe or on the filter.  After sample collection, the isopropyl alcohol solution within the first impinger is analyzed for sulfur trioxide and sulfuric acid mist as described in Method 8.  Solid particulate matter is collected within the nozzle, isopropyl alcohol impinger.  Compliance with 20.2.17.109 NMAC shall be determined by comparison of the sum of the solid and liquid particulate matter to the applicable emission limitation.

[11/30/95; 20.2.17.110 NMAC - Rn, 20 NMAC 2.17.110 10/31/02]

 

20.2.17.111          STACK TESTING:  Upon request of the Department, the owner or operator of nonferrous smelters subject to this Part shall perform stack testing according to the method stated above and report the results of such tests in the format and time period specified by the Department.  The owner or operator shall inform the Department of the dates and times of such testing so that the Department may have the opportunity to have an observer present during testing.

[11/30/95; 20.2.17.111 NMAC - Rn, 20 NMAC 2.17.111 10/31/02]

 

HISTORY OF 20.2.17 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the commission of public records-state records center and archives:

HSSD 70-1, Ambient Air Quality Standards And Air Quality Control Regulations, 01/27/70.

AQCR 506.1, Air Quality Control Regulation 506.1 - Existing Nonferrous Smelters - Particulate Matter - Additional Requirements, 11/21/78.

AQCR 506.1, Air Quality Control Regulation 506.1 - Existing Nonferrous Smelters - Particulate Matter - Additional Requirements, 03/16/79.

 

History of Repealed Material:  [RESERVED]

 

Other History:

AQCR 506.1, Air Quality Control Regulation 506.1 - Existing Nonferrous Smelters - Particulate Matter - Additional Requirements, 03/16/79 was renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.17, Nonferrous Smelters (Existing) - Particulate Matter, filed 10/30/95.

20 NMAC 2.17, Nonferrous Smelters (Existing) - Particulate Matter, filed 10/30/95 was renumbered, reformatted and replaced by 20.2.17 NMAC, Nonferrous Smelters (Existing) - Particulate Matter, effective 10/31/02.

 

 
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TITLE 20               ENVIRONMENTAL PROTECTION

CHAPTER 2         AIR QUALITY (STATEWIDE)

PART 17               NONFERROUS SMELTERS (EXISTING) – PARTICULATE MATTER

 

 

20.2.17.1               ISSUING AGENCY:  Environmental Improvement Board.

[11/30/95; 20.2.17.1 NMAC - Rn, 20 NMAC 2.17.100 10/31/02]

 

20.2.17.2               SCOPE:  All geographic areas within the jurisdiction of the Environmental Improvement Board.

[11/30/95; 20.2.17.2 NMAC - Rn, 20 NMAC 2.17.101 10/31/02]

 

20.2.17.3               STATUTORY AUTHORITY:  Environmental Improvement Act, NMSA 1978, section 74-1-8(A)(4)and (7), and Air Quality Control Act, NMSA 1978, sections 74-2-1 et seq., including specifically, section 74-2-5 (A), (B) and (C).

[11/30/95; 20.2.17.3 NMAC - Rn, 20 NMAC 2.17.102 10/31/02]

 

20.2.17.4               DURATION:  Permanent.

[11/30/95; 20.2.17.4 NMAC - Rn, 20 NMAC 2.17.103 10/31/02]

 

20.2.17.5               EFFECTIVE DATE:  November 30, 1995.

[11/30/95; 20.2.17.5 NMAC - Rn, 20 NMAC 2.17.104 10/31/02]

[The latest effective date of any section in this Part is 10/31/02.]

 

20.2.17.6               OBJECTIVE:  The objective of this Part is to establish particulate matter emission standards for existing nonferrous smelters.

[11/30/95; 20.2.17.6 NMAC - Rn, 20 NMAC 2.17.105 10/31/02]

 

20.2.17.7               DEFINITIONS:  In addition to the terms defined in 20.2.2 NMAC (Definitions), as used in this Part:

                A.            "Existing nonferrous smelter" means a nonferrous smelter which was constructed and fully operational prior to September 1, 1971.

                B.            "Part" means an air quality control regulation under Title 20, Chapter 2 of the New Mexico Administrative Code, unless otherwise noted; as adopted or amended by the Board.;

                C.            "Standard conditions" means temperature of 68 degrees Fahrenheit and pressure of 29.92 inches of mercury.

[11/30/95; 20.2.17.7 NMAC - Rn, 20 NMAC 2.17.107 10/31/02]

 

20.2.17.8               AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS:  This Part amends and supersedes Air Quality Control Regulation ("AQCR") 506.1 -- Existing Nonferrous Smelters -- Particulate Matter -- Additional Requirements last filed March 16, 1979.

                A.            All references to AQCR 506.1 in any other rule shall be construed as a reference to this Part.

                B.            The amendment and supersession of AQCR 506.1 shall not affect any administrative or judicial enforcement action pending on the effective date of such amendment nor the validity of any permit issued pursuant to AQCR 506.1.

[11/30/95; 20.2.17.8 NMAC - Rn, 20 NMAC 2.17.106 10/31/02]

 

20.2.17.9               DOCUMENTS:  Documents cited in this Part may be viewed at the New Mexico Environment Department, Air Quality Bureau, Runnels Building, 1190 Saint Francis Drive, Santa Fe, NM  87505 [2048 Galisteo St., Santa Fe, NM 87505].

[11/30/95; 20.2.17.9 NMAC - Rn, 20 NMAC 2.17.108 10/31/02]

 

20.2.17.10 to 20.2.17.108  [RESERVED]

 

20.2.17.109          EMISSION LIMITATION:  The owner or operator of an existing nonferrous smelter shall not permit, cause, suffer or allow particulate matter emissions to the atmosphere in excess of 0.05 grains per dry cubic foot of discharge gas, adjusted to standard conditions, from the stack or stacks serving the reverberatory furnace or any smelting furnace which replaces the reverberatory furnace.

[11/30/95; 20.2.17.109 NMAC - Rn, 20 NMAC 2.17.109 10/31/02]

 

20.2.17.110          COMPLIANCE DETERMINATION:  Compliance with 20.2.17.109 NMAC shall be determined by a method consistent with the method set forth by the US EPA at 40 CFR, Part 60, Appendix A, Methods 1 through 5, except that Method 5 is modified as follows:  The distilled water specified in the first impinger of Method 5 is replaced with isopropyl alcohol solution as specified within Method 8 of 40 CFR, Part 60, Appendix A.  The temperature of the probe and oven containing the cyclone and filter should be maintained above the dew point of sulfuric acid mist in order to prevent condensation of acid mist within the probe or on the filter.  After sample collection, the isopropyl alcohol solution within the first impinger is analyzed for sulfur trioxide and sulfuric acid mist as described in Method 8.  Solid particulate matter is collected within the nozzle, isopropyl alcohol impinger.  Compliance with 20.2.17.109 NMAC shall be determined by comparison of the sum of the solid and liquid particulate matter to the applicable emission limitation.

[11/30/95; 20.2.17.110 NMAC - Rn, 20 NMAC 2.17.110 10/31/02]

 

20.2.17.111          STACK TESTING:  Upon request of the Department, the owner or operator of nonferrous smelters subject to this Part shall perform stack testing according to the method stated above and report the results of such tests in the format and time period specified by the Department.  The owner or operator shall inform the Department of the dates and times of such testing so that the Department may have the opportunity to have an observer present during testing.

[11/30/95; 20.2.17.111 NMAC - Rn, 20 NMAC 2.17.111 10/31/02]

 

HISTORY OF 20.2.17 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the commission of public records-state records center and archives:

HSSD 70-1, Ambient Air Quality Standards And Air Quality Control Regulations, 01/27/70.

AQCR 506.1, Air Quality Control Regulation 506.1 - Existing Nonferrous Smelters - Particulate Matter - Additional Requirements, 11/21/78.

AQCR 506.1, Air Quality Control Regulation 506.1 - Existing Nonferrous Smelters - Particulate Matter - Additional Requirements, 03/16/79.

 

History of Repealed Material:  [RESERVED]

 

Other History:

AQCR 506.1, Air Quality Control Regulation 506.1 - Existing Nonferrous Smelters - Particulate Matter - Additional Requirements, 03/16/79 was renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.17, Nonferrous Smelters (Existing) - Particulate Matter, filed 10/30/95.

20 NMAC 2.17, Nonferrous Smelters (Existing) - Particulate Matter, filed 10/30/95 was renumbered, reformatted and replaced by 20.2.17 NMAC, Nonferrous Smelters (Existing) - Particulate Matter, effective 10/31/02.

 

 
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TITLE 20               ENVIRONMENTAL PROTECTION

CHAPTER 2         AIR QUALITY (STATEWIDE)

PART 16               NONFERROUS SMELTERS (NEW AND EXISTING) – PARTICULATE MATTER

 

 

20.2.16.1               ISSUING AGENCY:  Environmental Improvement Board.

[11/30/95; 20.2.16.1 NMAC - Rn, 20 NMAC 2.16.100 10/31/02]

 

20.2.16.2               SCOPE:  All geographic areas within the jurisdiction of the Environmental Improvement Board.

[11/30/95; 20.2.16.2 NMAC - Rn, 20 NMAC 2.16.101 10/31/02]

 

20.2.16.3               STATUTORY AUTHORITY:  Environmental Improvement Act, NMSA 1978, section 74-1-8(A)(4) and (7), and Air Quality Control Act, NMSA 1978, sections 74-2-1 et seq., including specifically, section 74-2-5(A), (B) and (C).

[11/30/95; 20.2.16.3 NMAC - Rn, 20 NMAC 2.16.102 10/31/02]

 

20.2.16.4               DURATION:  Permanent.

[11/30/95; 20.2.16.4 NMAC - Rn, 20 NMAC 2.16.103 10/31/02]

 

20.2.16.5               EFFECTIVE DATE:  November 30, 1995.

[11/30/95; 20.2.16.5 NMAC - Rn, 20 NMAC 2.16.104 10/31/02]

[The latest effective date of any section in this Part is 10/31/02.]

 

20.2.16.6               OBJECTIVE:  The objective of this Part is to establish particulate matter emission standards for nonferrous smelters.

[11/30/95; 20.2.16.6 NMAC - Rn, 20 NMAC 2.16.105 10/31/02]

 

20.2.16.7               DEFINITIONS:  In addition to the terms defined in 20.2.2 NMAC (Definitions), as used in this Part:

                A.            "Construction" means fabrication, erection or installation of an affected facility.

                B.            "Commenced" means that an owner or operator has undertaken a continuous program of construction or that an owner or operator has entered into a binding agreement or contractual obligation to undertake and complete within a reasonable time a continuous program of construction.

                C.            "Existing nonferrous smelter" means nonferrous smelter that was fully constructed and operational prior to September 1, 1971.

                D.            "Modification" means a physical change or change in the manner of operation which increases the amount of any air contaminant emitted by the nonferrous smelter or which results in the emission of any air contaminant not previously emitted.

                E.             "New nonferrous smelter" means nonferrous smelter the construction or modification of which was commenced after September 1, 1971.

                F.             "Part" means an air quality control regulation under Title 20, Chapter 2 of the New Mexico Administrative Code, unless otherwise noted; as adopted or amended by the Board.

                G.            "Standard conditions" means temperature of 68 degrees Fahrenheit and pressure of 29.92 inches of mercury.

[11/30/95; 20.2.16.7 NMAC - Rn, 20 NMAC 2.16.107 10/31/02]

 

20.2.16.8               AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS:  This Part amends and supersedes Air Quality Control Regulation ("AQCR") 506 -- Nonferrous Smelters -- Particulate Matter last filed November 21, 1978.

                A.            All references to AQCR 506 in any other rule shall be construed as a reference to this Part

                B.            The amendment and supersession of AQCR 506 shall not affect any administrative or judicial enforcement action pending on the effective date of such amendment nor the validity of any permit issued pursuant to AQCR 506.

[11/30/95; 20.2.16.8 NMAC - Rn, 20 NMAC 2.16.106 10/31/02]

 

20.2.16.9               DOCUMENTS:  Documents cited in this Part may be viewed at the New Mexico Environment Department, Air Quality Bureau, Runnels Building, 1190 Saint Francis Drive, Santa Fe, NM  87505 [2048 Galisteo St., Santa Fe, NM 87505].

[11/30/95; 20.2.16.9 NMAC - Rn, 20 NMAC 2.16.108 10/31/02]

 

20.2.16.10 to 20.2.16.108  [RESERVED]

 

20.2.16.109          ALLOWABLE EMISSION RATES: 

                A.            The owner or operator of a new nonferrous smelter shall not permit, cause, suffer or allow particulate matter emissions to the atmosphere in excess of 0.03 grains per dry cubic foot of discharge gas measured at standard conditions.

                B.            The owner or operator of an existing nonferrous smelter shall not permit, cause, suffer or allow particulate matter emissions to the atmosphere from:

                    (1)     The stack or stacks connected directly to the reverberatory furnace in excess of 1100 pounds per hour;

                    (2)     The stack or stacks serving the acid plant in excess of 0.05 grains per dry cubic foot of discharge gas measured at standard conditions;

                    (3)     The stack or stacks serving the reverberatory feed dryer in excess of 0.05 grains per dry cubic foot of discharge gas measured at standard conditions;

                    (4)     The stack or stacks serving the fire refining furnace in excess of:

                              (a)     30 pounds per hour during the charging operation;

                              (b)     50 pounds per hour during the blowing operation;

                              (c)     200 pounds per hour during the poling operation; and

                              (d)     550 pounds per hour during the fluxing operation.

                C.            The stack or stacks used solely for venting captured fugitive emissions from the matte tapping, matte ladle, and slag skimming areas on the reverberatory furnace of an existing nonferrous smelter do not have a particulate limitation.

[11/30/95; 20.2.16.109 NMAC - Rn, 20 NMAC 2.16.109 10/31/02]

 

20.2.16.110          TEST METHODS:  Compliance with subsections A and B of 20.2.16.109 NMAC shall be determined by a method consistent with the method set forth by the US EPA at 40 CFR, Part 60, Appendix A, Methods 1 though 5, except that Method 5 is modified as follows:  The distilled water specified in the first impinger of Method 5 is replaced with isopropyl alcohol solution as specified within Method 8 of 40 CFR, Part 60, Appendix A.  The temperature of the probe and oven containing the cyclone and filter should be maintained above the dew point of sulfuric acid mist in order to prevent condensation of acid mist within the probe or on the filter.  After sample collection, the isopropyl alcohol solution within the first impinger is analyzed for sulfur trioxide and sulfuric acid mist as described in Method 8.  Solid particulate matter is collected within the nozzle, probe, cyclone and filter while liquid particulate matter is collected within the isopropyl alcohol impinger. Compliance with subsections A and B of 20.2.16.109 NMAC shall be determined by comparison of the sum of the solid and liquid particulate matter to the applicable emission limitation.  Upon request of the Department, the owner or operator of nonferrous smelters subject to this Part  shall perform stack testing according to the method stated above and report the results of such tests in the format and time period specified by the Department.  The owner or operator shall inform the Department of the dates and times of  such testing so that the Department may have the opportunity to have an observer present during testing.

[11/30/95; 20.2.16.110 NMAC - Rn, 20 NMAC 2.16.110 10/31/02]

 

HISTORY OF 20.2.16 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the Commission of Public Records-State Records Center and Archives.

HSSD 70-1, Ambient Air Quality Standards And Air Quality Control Regulations, 01/27/70.

ACQR 506, Air Quality Control Regulation 506 - Nonferrous Smelters - Particulate Matter, 02/17/72.

 

History of Repealed Material:  [RESERVED]

 

Other History:

ACQR 506, Air Quality Control Regulation 506 - Nonferrous Smelters - Particulate Matter, 02/17/72, was renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.16, Nonferrous Smelters (New And Existing) - Particulate Matter, filed 10/30/95.

20 NMAC 2.16, Nonferrous Smelters (New And Existing) - Particulate Matter, filed 10/30/95, was renumbered, reformatted and replaced by 20.2.16 NMAC, Nonferrous Smelters (New And Existing) - Particulate Matter, effective 10/31/02.

 

 
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TITLE 20               ENVIRONMENTAL PROTECTION

CHAPTER 2         AIR QUALITY (STATEWIDE)

PART 15               PUMICE, MICA AND PERLITE PROCESSING

 

 

20.2.15.1               ISSUING AGENCY:  Environmental Improvement Board.

[11/30/95; 20.2.15.1 NMAC - Rn, 20 NMAC 2.15.100 10/31/02]

 

20.2.15.2               SCOPE:  All geographic areas within the jurisdiction of the Environmental Improvement Board.

[11/30/95; 20.2.15.2 NMAC - Rn, 20 NMAC 2.15.101 10/31/02]

 

20.2.15.3               STATUTORY AUTHORITY:  Environmental Improvement Act, NMSA 1978, section 74-1-8(A)(4) and (7), and Air Quality Control Act, NMSA 1978, sections 74-2-1 et seq., including specifically, section 74-2-5(A), (B) and (C).

[11/30/95; 20.2.15.3 NMAC - Rn, 20 NMAC 2.15.102 10/31/02]

 

20.2.15.4               DURATION:  Permanent.

[11/30/95; 20.2.15.4 NMAC - Rn, 20 NMAC 2.15.103 10/31/02]

 

20.2.15.5               EFFECTIVE DATE:  November 30, 1995.

[11/30/95; 20.2.15.5 NMAC - Rn, 20 NMAC 2.15.104 10/31/02]

[The latest effective date of any section in this Part is 10/31/02.]

 

20.2.15.6               OBJECTIVE:  The objective of this Part is to establish particulate matter emission standards for pumice, mica and perlite process equipment.

[11/30/95; 20.2.15.6 NMAC - Rn, 20 NMAC 2.15.105 10/31/02]

 

20.2.15.7               DEFINITIONS:  In addition to the terms defined in 20.2.2 NMAC (Definitions), as used in this Part:

                A.            "Part" means an air quality control regulation under Title 20, Chapter 2 of the New Mexico Administrative Code, unless otherwise noted; as adopted or amended by the Board.

                B.            "Process weight" means the total of all materials including solid fuel but not including liquid or gaseous fuel or combustion air introduced into any specific process.

                C.            "Process weight per hour" means a quantity derived by dividing the total process weight by the number of hours in the complete operation, excluding any time during which the equipment is idle.

[11/30/95; 20.2.15.7 NMAC - Rn, 20 NMAC 2.15.107 10/31/02]

 

20.2.15.8               AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS:  This Part amends and supersedes Air Quality Control Regulation ("AQCR") 505 -- Pumice, Mica and Perlite Process Equipment last filed September 13, 1971.

                A.            All references to AQCR 505 in any other rule shall be construed as a reference to this Part.

                B.            The amendment and supersession of AQCR 505 shall not affect any administrative or judicial enforcement action pending on the effective date of such amendment nor the validity of any permit issued pursuant to AQCR 505.

[11/30/95; 20.2.15.8 NMAC - Rn, 20 NMAC 2.15.106 10/31/02]

 

20.2.15.9 to 20.2.15.107    [RESERVED]

 

20.2.15.108          EMISSION LIMITATIONS:

                A.            The owner or operator of pumice, mica or perlite process equipment shall not permit, cause, suffer or allow particulate matter emissions to the atmosphere from a stack or stacks in excess of the maximum amounts specified in the following table:

 

Process Rate

Pounds per Hour

Maximum Stack Emission Rate

Pounds per Hour

10,000

10

20,000

15

30,000

22

40,000

28

50,000

31

100,000

33

200,000

37

300,000

40

400,000

43

500,000

47

600,000 & above

50

 

                B.            When the process rate is between any two consecutive process rates in the table, the maximum stack emission rate is determined by interpolation.  Where an operation has more than one stack, the maximum stack emission rate applies to the total of the emissions from all stacks.

[11/30/95; 20.2.15.108 NMAC - Rn, 20 NMAC 2.15.108 10/31/02]

 

20.2.15.109          STACK CONFINEMENT OF EMISSIONS:  Within technical feasibility, all particulate matter emissions to the atmosphere resulting directly from the operation of pumice, mica or perlite process equipment shall be limited to the stack outlet or outlets.  Particulate matter emissions not governed by this section are governed by 20.2.15.110 NMAC.

[11/30/95; 20.2.15.109 NMAC - Rn, 20 NMAC 2.15.109 10/31/02]

 

20.2.15.110          OTHER PARTICULATE CONTROL:  The owner or operator of  pumice, mica or perlite process equipment shall not permit, cause, suffer or allow any material to be handled, transported, stored or disposed of or a building or road to be used, constructed, altered or demolished without taking reasonable precautions to prevent particulate matter from becoming airborne.

[11/30/95; 20.2.15.110 NMAC - Rn, 20 NMAC 2.15.110 10/31/02]

 

HISTORY OF 20.2.15 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the Commission of Public Records-State Records Center and Archives.

HSSD 70-1, Ambient Air Quality Standards And Air Quality Control Regulations, 01/27/70.

ACQR 505, Air Quality Control Regulation 505 - Pumice, Mica And Perlite Process Equipment, 09/13/71.

 

History of Repealed Material:  [RESERVED]

 

Other History:

ACQR 505, Air Quality Control Regulation 505 - Pumice, Mica And Perlite Process Equipment, 09/13/71, was renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.15, Pumice, Mica And Perlite Process Equipment, filed 10/30/95.

20 NMAC 2.15, Pumice, Mica And Perlite Process Equipment, filed 10/30/95, was renumbered, reformatted and replaced by 20.2.15 NMAC, Pumice, Mica And Perlite Process Equipment, effective 10/31/02.

 

 
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TITLE 20               ENVIRONMENTAL PROTECTION

CHAPTER 2         AIR QUALITY (STATEWIDE)

PART 14               PARTICULATE EMISSIONS FROM COAL BURNING EQUIPMENT

 

 

20.2.14.1               ISSUING AGENCY:  Environmental Improvement Board.

[11/30/95; 20.2.14.1 NMAC - Rn, 20 NMAC 2.14.100 10/31/02]

 

20.2.14.2               SCOPE:  All geographic areas within the jurisdiction of the Environmental Improvement Board.

[11/30/95; 20.2.14.2 NMAC - Rn, 20 NMAC 2.14.101 10/31/02]

 

20.2.14.3               STATUTORY AUTHORITY:  Environmental Improvement Act, NMSA 1978, Section 74-1-8(A)(4) and (7), and Air Quality Control Act, NMSA 1978, Sections 74-2-1 et seq., including specifically, Section 74-2-5(A), (B) and (C).

[11/30/95; 20.2.14.3 NMAC - Rn, 20 NMAC 2.14.102 10/31/02]

 

20.2.14.4               DURATION:  Permanent.

[11/30/95; 20.2.14.4 NMAC - Rn, 20 NMAC 2.14.103 10/31/02]

 

20.2.14.5               EFFECTIVE DATE:  November 30, 1995.

[11/30/95; 20.2.14.5 NMAC - Rn, 20 NMAC 2.14.104 10/31/02]

[The latest effective date of any section in this Part is 10/31/02.]

 

20.2.14.6               OBJECTIVE:  The objective of this Part is to establish particulate matter emission standards for coal burning equipment.

[11/30/95; 20.2.14.6 NMAC - Rn, 20 NMAC 2.14.105 10/31/02]

 

20.2.14.7               DEFINITIONS:  In addition to the terms defined in 20.2.2 NMAC (Definitions), as used in this Part:

                A.            "Commenced" means that an owner or operator has undertaken a continuous program of construction or that an owner or operator has entered into a binding agreement or contractual obligation to undertake and complete, within a reasonable time, a continuous program of construction.

                B.            "Construction" means fabrication, erection, or installation of an affected facility.

                C.            "Existing coal burning equipment" means coal burning equipment that was fully constructed and operational or under construction prior to September 1, 1971.

                D.            "New coal burning equipment" means coal burning equipment the construction of which is commenced after September 1, 1971.

                E.             "Part" means an air quality control regulation under Title 20, Chapter 2 of the New Mexico Administrative Code, unless otherwise noted, as adopted or amended by the Board.

[11/30/95; 20.2.14.7 NMAC - Rn, 20 NMAC 2.14.107 10/31/02]

 

20.2.14.8               AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS:  This Part amends and supersedes Air Quality Control Regulation ("AQCR") 504 -- Particulate Emissions from Coal Burning Equipment last filed June 13, 1978.

                A.            All references to AQCR 504 in any other rule shall be construed as a reference to this Part.

                B.            The amendment and supersession of AQCR 504 shall not affect any administrative or judicial enforcement action pending on the effective date of such amendment nor the validity of any permit issued pursuant to AQCR 504.

[11/30/95; 20.2.14.8 NMAC - Rn, 20 NMAC 2.14.106 10/31/02]

 

20.2.14.9               DOCUMENTS:  Documents cited in this Part may be viewed at the New Mexico Environment Department, Air Quality Bureau, Harold Runnels Building, 1190 Saint Francis Drive, Santa Fe, NM, 87503 [2048 Galisteo St., Santa Fe, NM 87505].

[11/30/95; 20.2.14.9 NMAC - Rn, 20 NMAC 2.14.108 10/31/02]

 

20.2.14.10 to 20.2.14.199  [RESERVED]

 

20.2.14.200          Emission Limitations - Equipment Less Than or Equal to 250 MBTU/Hour Heat Capacity:

                A.            The owner or operator of coal burning equipment having a rated heat capacity less than or equal to 250 million British Thermal Units per hour (higher heating value) shall not permit, cause, suffer or allow particulate matter emissions to the atmosphere to exceed the limits set forth in the following table:

 

I

E

Heat Input in Million British Thermal Units Per Hour (higher heating value)

Maximum Allowable Emissions for Particulate Matter in Pounds per Million British Thermal Units Input Per Hour

10

0.56

20

0.48

30

0.43

40

0.40

50

0.38

70

0.35

100

0.33

200

0.28

250

0.26

 

                B.            For values of heat input not specified in the table, maximum allowable emissions shall be calculated by the following formula:

                    (1)     E = Allowable Particulate Emissions (lbs./million BTU);

                    (2)     I = Total Heat Input (in units of million BTU's /hr., higher heating value);

                    (3)     When I equals 1 to 250, E equals 0.996135 times I raised to the power -0.23471.

[11/30/95; 20.2.14.200 NMAC - Rn, 20 NMAC 2.14.200 10/31/02]

 

20.2.14.201          Emission  Limitations - New Equipment Greater Than 250M BTU/Hour Heat Capacity:  The owner or operator of new coal burning equipment having a rated heat capacity greater than 250 million British Thermal Units per hour (higher heating value) shall not permit, cause, suffer, or allow:

                A.            Particulate matter emissions to the atmosphere in excess of 0.05 pounds per million British Thermal Units of heat input (higher heating value); or

                B.            Fine particulate matter emissions of less than two microns equivalent aerodynamic diameter to the atmosphere in excess of 0.02 pounds per million British Thermal Units of heat input (higher heating value) as determined pursuant to Procedure I for fine particulate sampling from stationary coal burning equipment set forth in 20.2.14.300 NMAC -20.2.14.399 NMAC or an equivalent method approved by the Department.

[11/30/95; 20.2.14.201 NMAC - Rn, 20 NMAC 2.14.201 10/31/02]

 

20.2.14.202          Emission Limitations - Existing Equipment Greater Than 250M BTU/Hour and Less Than 5000M BTU/Hour Heat Capacity:  The owner or operator of existing coal burning equipment having a rated heat capacity greater than 250 million British Thermal Units and less than 5000 million British Thermal Units per hour (higher heating value) shall not permit, cause, suffer or allow:

                A.            Particulate matter emissions to the atmosphere in excess of 0.05 pounds per million British Thermal Units of heat input (higher heating value); or

                B.            Fine particulate matter emissions of less than two microns equivalent aerodynamic diameter to the atmosphere in excess of 0.04 pounds per million British Thermal Units of heat input (higher heating value) as determined pursuant to Procedure II for fine particulate sampling from stationary coal burning equipment set forth in 20.2.14.400 NMAC - 20.2.14.499 NMAC or an equivalent method approved by the Department.

[11/30/95; 20.2.14.202 NMAC - Rn, 20 NMAC 2.14.202 10/31/02]

 

20.2.14.203          Emission Limitations--Existing Equipment Equal to or Greater Than 5000M BTU/Hour:  After December 31, 1982, The owner or operator of existing coal burning equipment having a rated heat capacity equal to or greater than 5000 million British Thermal Units per hour (higher heating value) shall not permit, cause, suffer, or allow:

                A.            Particulate matter emissions to the atmosphere in excess of 0.05 pounds per million British Thermal Units of heat input (higher heating value); or

                B.            Fine particulate matter emissions of less than two microns equivalent aerodynamic diameter to the atmosphere in excess of 0.04 pounds per million British Thermal Units of heat input (higher heating value) as determined pursuant to Procedure II for fine particulate sampling from stationary coal burning equipment set forth in 20.2.14.400 NMAC - 20.2.14.499 NMAC or an equivalent method approved by the Department.

[11/30/95; 20.2.14.203 NMAC - Rn, 20 NMAC 2.14.203 10/31/02]

 

20.2.14.204          Method for Determining Emissions Limitations:  Particulate matter emissions governed by 20.2.14.200 NMAC, and subsection A of 20.2.14.201 NMAC, subsection A of 20.2.14.202 NMAC, and subsection A of 20.2.14.203 NMAC, shall be determined by a method consistent with the method set forth by the US EPA at 40 CFR, Part 60, Appendix A, Methods 1 through 5, or any other method receiving prior approval from the Department.

[11/30/95; 20.2.14.204 NMAC - Rn, 20 NMAC 2.14.204 10/31/02]

 

20.2.14.205          Petition for Test Method of Emission Limitation for Existing Equipment - Heat Capacity Equal to or Greater than 5000M BTU/Hour:

                A.            With regard to existing coal burning equipment having a rated heat capacity greater than 250 million British Thermal Units and less than 5000 million British Thermal Units per hour (higher heating value) or with regard to existing coal burning equipment having a rated heat capacity equal to or greater than 5000 million British Thermal Units per hour (higher heating value) the Department, any other interested person or any person owning or operating existing coal burning equipment of such capacities may petition the Board to amend subsection B of 20.2.14.202 NMAC or subsection B of 20.2.14.203 NMAC to require all existing coal burning equipment of the capacity specified in 20.2.14.202 NMAC or 20.2.14.203 NMAC, whichever is the subject of the petition, to comply with the emission limitation of subsection B of 20.2.14.201 NMAC pursuant to the test method contained therein.

                B.            The Board, after receipt of the petition, shall:

                    (1)     Notify all persons owning or operating coal burning equipment which are the subject of the petition of the filing of said petition, and the date of the Board's regularly scheduled meeting at which the Board plans to consider the request for hearing;

                    (2)     Make available for public inspection a copy of the petition at its office;

                    (3)     Not less than 30 days nor more than forty-five days after the mailing of the notification provided in paragraph (1) of subsection B of 20.2.14.205 NMAC at its regularly scheduled meeting, consider setting the date, time and place of a public hearing on the petition; provided, however, that if any person owning or operating coal burning equipment of the capacities covered by the petition appears before the Board at such meeting and informs the Board that it does not possess sufficient testing information to determine whether its equipment does or does not comply with the emission limitation contained in paragraph (2) of subsection A of 20.2.14.201 NMAC pursuant to the test method specified therein, the Board, if it determines additional testing information is justified, shall specify a period of testing deemed adequate to permit such person to conduct such testing and shall set the date of the public hearing on the petition at its next regularly scheduled meeting following the expiration of such testing period;

                    (4)     Within five days following the scheduling of the hearing, notify the petitioner and all persons who own or operate the coal burning equipment affected by the petition by certified mail of the date, time and place of the public hearing on the petition;

                    (5)     Publish notice of the hearing and conduct the hearing according to the procedures set forth in the New Mexico Air Quality Control Act, section 74-2-6; and

                    (6)     At the conclusion of the hearing on the petition or at the next Board meeting after transcripts of the hearing are available, if the Board determines that all the equipment regulated pursuant to 20.2.14.202 NMAC and 20.2.14.203 NMAC, whichever was the subject of the hearing, complies with the emission limitation of subsection B of 20.2.14.201 NMAC pursuant to the test method contained therein, the Board may amend subsection B of 20.2.14.202 NMAC or subsection B of 20.2.14.203 NMAC, whichever was the subject of the hearing.

[11/30/95; 20.2.14.205 NMAC - Rn, 20 NMAC 2.14.205 10/31/02]

 

20.2.14.206 to 20.2.14.299               [RESERVED]

 

20.2.14.300          PROCEDURE I, INTRODUCTION:  A method is specified for use in sampling the emissions from stationary coal-burning equipment for particulate matter of less than two microns (2u) equivalent aerodynamic diameter.  This procedure shall be used for testing emissions from coal-burning equipment operating in the State of New Mexico for compliance with 20.2.14 NMAC (Particulate Emissions from Coal Burning Equipment), as specified within the regulation.  It is generally intended that sampling for fine particulates, as described below, be carried out only on those stacks (or ducts) which are controlled for gross particulates and which have already been demonstrated to be in compliance with the sections of the regulation for total particulate emissions.

[11/30/95; 20.2.14.300 NMAC - Rn, 20 NMAC 2.14.300 10/31/02]

 

20.2.14.301          PROCEDURE I, METHOD:

                A.            Principle:  Particulate matter is withdrawn at an approximately isokinetic rate from the source, the large (over 2u) [over 2 micrometer] particles separated from the gas stream, and the fine particles collected on a filter.  The weight of the fine particles is determined gravimetrically after removal of uncombined water.

                B.            Apparatus:

                    (1)     Sampling Train:  The recommended sampling train is shown schematically in Figure 1 (20.2.14.302 NMAC).  It is based on the US EPA sampling train described in the Code of Federal Regulations, Title 40, Part 60, Appendix A, Method 5, Section 2.1 (hereinafter referred to as US EPA Method 5).  To the Method 5 train is added a particle separator.  The purpose of the particle separator is to trap essentially all of the particles greater than 2u [two micrometers]; to do this, a certain gas flowrate is required through this device as specified in Section 2.2.1.3.

                    (2)     Nozzle:  Stainless steel (type 304 or 316).

                    (3)     Probe:  Pyrex glass, insulated and heated uniformly to a temperature sufficient to prevent condensation from occurring at any point in the tube.  For lengths greater than about 8 feet, a metal tube may be used.  Incoloy 825 is preferred, but types 304 or 316 stainless steel are acceptable.  Long probes shall be reinforced or supported to prevent excessive droop or gas stream whip.  For sampling stacks carrying electrically charged particles (as for installations using electrostatic precipitators), the probe shall be grounded to prevent electrical shock to personnel and the inner shell of the probe shall be electrically conductive and shall be grounded to prevent size discriminative trapping of particles within the probe.

                    (4)     Particulate Separator and Filter:  The particle separator and filter system shall be housed in a temperature-controlled container.

                             (a)     Particle Separator:  The particle separator shall be a cascade impactor, such as the Andersen Mark II or Mark III Stack Head, manufactured by 2000 Inc., Atlanta, Georgia, or other if approved by the Department.  The stack head must be modified to use only five of the collection plates arranged in the following order 0, 1, 2, 3, 4, 1 (manufacturer's numbers) and a filter holder as specified in subparagraph (b) of paragraph (4) of subsection B of 20.2.14.301 NMAC.  The complete arrangement is shown in Figure 2 (20.2.14.303 NMAC).  The gas flowrate through the stack head must be controlled to maintain a particle impaction efficiency of 50% on plate 4 for particles of 2 microns aerodynamic diameter.  The procedure for doing this is described in paragraphs (3) and (4) of subsection D of 20.2.14.301 NMAC.

                             (b)     Filter Holder:  The filter holder shall immediately follow the last collection plate, as indicated in Figure 2 (20.2.14.303 NMAC), and contain a filter similar to those specified in paragraph (2) of subsection C of 20.2.14.301 NMAC.

                    (5)     Metering System:  Vacuum gage, leak-free pumps, thermometers capable of measuring to within 3 degrees Fahrenheit., dry test meter with 2 percent accuracy, and related equipment, as required to maintain an approximately isokinetic sampling rate through the probe and specified flowrate through the Andersen Stack Head, and to determine sample volume.

                    (6)     Other Sampling Train Equipment:  Pitot tube (type S, or equivalent), impingers/condensers, and barometer shall be as specified in US EPA Method 5, Section 2.1.  Note that an equivalent condenser may be used in place of the impinger train.

                    (7)     Sample Recovery Accessories:  As specified in Section 2.2 of US EPA Method 5.

                    (8)     Analytical Accessories:  As specified in US EPA Method 5, Section 2.3.

                C.            Reagents:

                    (1)     Sampling:

                    (2)     Filters:  Glass fiber type, having high efficiency for collecting small particles (99% or higher efficiency for particles 0.3 microns or larger in diameter).  Cambridge Media CM-114 or Gelman Type A filters are acceptable types.

                    (3)     Other Sampling Reagents:  As specified in US EPA Method 5, Section 3.1.

                    (4)     Sample Recovery and Analytical Reagents:  Acetone and water, as specified in Sections 3.2 and 3.3 of US EPA Method 5.

                D.            Sampling Procedure:

                    (1)     Selection of Sampling Site and Sampling Points:  The sampling site is preferably located in a vertical duct or stack, at least eight stack diameters downstream and two diameters upstream of a major disturbance (bend, expansion, contraction, or visible flame).  In large ducts (of 20 feet or greater diameter), a distance five diameters downstream of a disturbance will be considered adequate, providing the velocity traverse does not show the flow to be highly irregular.  Under these recommended conditions, a single sampling point is considered to be adequate (See Industrial Gas Cleaning Institute, Test Procedures for Gas Scrubbers, Publication No. 1, p. 6): This point shall be located between 0.2 and 0.5 of the diameter from the outside toward the center of the stack, preferably at a point whose velocity approximates the average velocity of the flue gases.  For conditions which do not meet the criteria given above, additional sampling points must be considered and will be determined as agreed upon between the coal-burning equipment operator and the Department.

                       (2)     Determination of Stack Pressure, Temperatures, Moisture and Distribution of Velocity Heads:  Prior to actual sampling for particulates, a preliminary survey of stack pressure, temperature, moisture content, and velocity distribution shall be made to assess overall sampling conditions and establish isokinetic sampling velocities.

                              (a)     Stack Pressure and Temperature:  Stack pressure shall be obtained at one or more points at the sampling station using a water-filled U-tube manometer to sense pressure from a hole in the side of the stack or duct to within 0.1 in water.  Temperatures shall be determined from a thermocouple (or equivalent device) attached to the pitot tube, capable of measuring to within 1.5% of the minimum absolute stack temperature.

                              (b)     Distribution of Velocity Heads:  The US EPA Method 1 (40 CFR, Part 60, Appendix A) shall be used as a general guide in determining the number and distribution of pitot tube traverse points.  US EPA Method 2 (40 CFR, Part 60, Appendix A) shall be used as a guide in selection of pitot tube equipment, procedure for making and recording measurements, and calibration of the instrument.  In calibration, the procedure shall be modified in that the pitot tube to be used in testing shall be mounted on the probe and the probe shall have attached to it a 1/4-inch sampling nozzle so that the arrangement is similar to that used in testing.  A complete velocity traverse shall be done each day of testing.

                              (c)     Moisture Determination:  Moisture content of the gas stream is determined by extracting a measured quantity of gas from the stack, condensing the moisture in an external condenser (or in the impingers), and measuring the volume of condensate.  A single, preliminary measurement shall be made using either the stack sampling train or a simplified apparatus consisting mainly of a filter, condenser, pump, and dry gas meter.  If liquid drops are present in the gas stream, proceed as follows: Assume the stream to be saturated, determine the average stack gas temperature from the data obtained in subparagraph (a) of paragraph (2) of subsection D of 20.2.14.301 NMAC above, and use a psychometric chart with appropriate altitude correction along with steam tables to calculate the approximate percentage of moisture.  A further determination of moisture content is made as a part of the particulate sampling as described below.

                    (3)     Preparation of Collection Train:  Check to see that the probe, nozzle, etc., are clean and that there is sufficient ice to fill the ice bath, place 100 ml. of water in the first two impingers, leave the third impinger empty, and place approximately 200 g. of preweighed indicating silica gel in the fourth impinger.  Complete the preparation by desiccating the filter, checking the train for leaks and adjusting the probe heater, generally as specified in US EPA Method 5, Section 4.1.2.  To establish near isokinetic sampling conditions at the start of testing, the desired flowrate through the particle separator is corrected to stack conditions and the desired sample nozzle size is calculated.  To do this record the temperature of the container surrounding the particle separator.  Find this temperature in the abscissa of the graph in Figure 3 (20.2.14.304 NMAC), go up to the curve and read the correction factor on the ordinate of the graph.  Multiply the correction factor by 2 microns and obtain the temperature corrected aerodynamic diameter.  Locate the corrected aerodynamic diameter on the abscissa of the graph on Figure 4 (20.2.14.305 NMAC), go up to the curve and read on the ordinate the flowrate needed to maintain an impaction efficiency of 50% on plate #4.  Correct this flowrate to stack conditions by adjusting for the difference in particle separator temperature and stack temperature.  Using the equation Q = VA where Q = volumetric flowrate through the separator adjusted to stack temperature (cfm), V = velocity of the stack gas at the point in the stack where the sampling is to take place (fpm) and A is area of the nozzle (sq. ft.) calculate the desired sampling nozzle diameter.  Attach a nozzle to the probe that matches this calculated diameter within 1%.  To establish at the start of testing the correct gas flow through the separator, using the dry gas meter, correct the desired flowrate through the separator to meter conditions by correcting for the difference in temperature between the separator and the dry gas meter and subtract out that portion of the gas volume which will be condensed in the impingers.

                    (4)     Particulate Train Operation:  To begin sampling, position the nozzle at the selected point in the stack with the nozzle tip pointing directly into the gas stream.  Immediately after, start the pump and adjust the dry gas meter to the flowrate calculated in paragraph (3) of subsection D of 20.2.14.301 NMAC.  Sample for at least 5 minutes and then record the temperature of the gas on the outlet end of the separator.  If the temperature is different from that of the container surrounding the separator readjust the dry gas meter flowrate by repeating the steps described in paragraph (3) of subsection D of 20.2.14.301 NMAC using Figures 3 (20.2.14.304 NMAC) and 4 (20.2.14.305 NMAC) excluding the step used in calculating nozzle diameter.  Continue the run until 30 standard cubic feet (70 degrees Fahrenheit, 29.92 inches Hg) have been drawn through the sampling train.  For each run record the required data on a sheet such as the one shown in Figure 5-2 of US EPA Method 5 and include the temperature monitored at the outlet of the separator.  Record the data after every 5 minutes of testing.  At the end of the run, turn off the pump and record the final readings.  Remove the probe and nozzle from the stack.  Remove the filter from the separator and place in a container.  Repeat the sampling procedure until three runs have been obtained.  Desiccate the filters for at least 24 hours and weigh to the nearest 0.5 mg in a room where the relative humidity is less than 50%.

                E.             Calibration:  Use approved methods and equipment for calibration of the particle separator, orifice meter, pitot tube, temperature sensors and dry test meter.  Recalibrate after every third test or three months whichever comes first except for the particle separator which shall be recalibrated as agreed upon between the owner or operator of the coal burning equipment and the Department.

                F.             Calculations:  After completing the test series, average the dry gas meter temperatures and average orifice pressure drops, correct the sample volume measure to standard conditions and calculate the water vapor and moisture content.  Calculate the concentration of particulate matter in the stack gas in pounds per standard cubic foot on a dry basis by using equation 5-5 given in Section 6.6.2 of US EPA Method 5.  Use only the weight of the particulate collected on the filter.  Using the stack volumetric flowrate corrected to standard conditions on a dry basis calculate the emission rate in pounds per hour.  Using the average heat input to the coal burning equipment during the time of testing, in million Btu per hour, calculate the emission rate in pounds per million Btu.  Average the emission rate for the three runs.

                G.            Acceptable results:  Validity of each run shall be determined by calculating the actual flow through the particle separator from the recorded data.  If the flowrate is within 10% of the ideal flow calculated from Figure 4 (20.2.14.305 NMAC) the run will be considered valid.  Deviations from isokinetic sampling rate shall not invalidate the test.

[11/30/95; 20.2.14.301 NMAC - Rn, 20 NMAC 2.14.301 10/31/02]

 

20.2.14.302          SAMPLING TRAIN FOR FINE PARTICULATE MATTER, PROCEDURE I:  Figure 1.

[11/30/95; 20.2.14.302 NMAC - Rn, 20 NMAC 2.14.302 10/31/02]

 

20.2.14.303          ARRANGEMENT OF IMPACTION PLATES AND FILTER HOLDER IN THE ANDERSON IMPACTOR, PROCEDURE I:  Figure 2.

[11/30/95; 20.2.14.303 NMAC - Rn, 20 NMAC 2.14.303 10/31/02]

20.2.14.304          TEMPERATURE CORRECTION FOR AERODYNAMIC SIZE OF PARTICLES CAPTURED IN THE ANDERSON IMPACTOR, PROCEDURE I:  Figure 3.

 

[11/30/95; 20.2.14.304 NMAC - Rn, 20 NMAC 2.14.304 10/31/02]

 

20.2.14.305          AERODYNAMIC DIAMETER VS. FLOWRATE THROUGH PLATE 44 OF THE ANDERSON IMPACTOR (50% IMPACTION EFFICIENCY), PROCEDURE I:  Figure 4.

 

[11/30/95; 20.2.14.305 NMAC - Rn, 20 NMAC 2.14.305 10/31/02]

 

20.2.14.306 to 20.2.14.399               [RESERVED]

 

20.2.14.400          PROCEDURE II, INTRODUCTION:  A method is specified for use in sampling the emissions from stationary coal burning equipment for particulate matter of less than two microns (2u) equivalent aerodynamic diameter.  This procedure shall be used for testing emissions from coal burning equipment in the State of New Mexico for compliance with 20.2.14 NMAC (Particulate Emissions from Coal Burning Equipment), as specified within that regulation.  It is generally intended that sampling for fine particulates, as described below, be carried out only on those stacks (or ducts) which have already been demonstrated to be in compliance with the sections of the regulation for total particulate emissions.

[11/30/95; 20.2.14.400 NMAC - Rn, 20 NMAC 2.14.400 10/31/02]

 

20.2.14.401          PROCEDURE II, METHOD:

                A.            Principle:  Particulate matter is withdrawn at an approximately isokinetic rate from the source.  The particles are then separated by equivalent aerodynamic diameter by an in-stack size separating device to determine the percentage by mass of particles less than 2 microns equivalent aerodynamic diameter.  This percentage is then applied to the total mass loading in pounds per million British Thermal Units as determined by US EPA Method 5, contained in 40 CFR, Part 60, Appendix A, in order to determine emissions of particulates of less than two micron equivalent aerodynamic diameter in pounds per million British Thermal Units.

                B.            Apparatus:

                    (1)     Sampling Train:

                              (a)     The sampling train for total mass loading is described by the Environmental Protection Agency in 40 CFR, Part 60, Appendix A, Method 5 (hereinafter referred as US EPA Method 5).  The percentage by mass of particles less than two microns equivalent aerodynamic diameter shall be as follows.

                              (b)     The recommended sampling train is shown in Figure 1 (20.2.14.402 NMAC).  It is based on the sampling train described in US EPA Method 5, Section 2.1, with the addition of an Andersen Mark III in-stack sampler.  The purpose of the in-stack particle collector is to collect the particles and segregate them by aerodynamic size; to do this, a certain gas flowrate is required through this device as specified in paragraph (4) of subsection B of 20.2.14.401 NMAC.

                    (2)     Nozzle:  Stainless steel (type 304 or 316).

                    (3)     Probe:  Pyrex glass, insulated and heated uniformly to a temperature sufficient to prevent condensation from occurring at any point in the tube.  For lengths greater than about 8 feet, a metal tube may be used.  Incoloy 825 is preferred, but types 304 or 316 stainless steel are acceptable.  Long probes shall be reinforced or supported to prevent excessive droop or gas stream whip.  For sampling stacks carrying electrically charged particles (as for installations using electrostatic precipitators), the probe shall be grounded to prevent electrical shock to personnel and the inner shell of the probe shall be electrically conductive and shall be grounded to prevent size discriminative trapping of particles within the probe.

                    (4)     Particulate Separator:  The particle collector shall be heated so that the temperature of the collection plates and back up filter is above the dew point of the stack gases.

                    (5)     Particle Collector:  The particle collector shall be a cascade impactor, such as the Andersen Mark III Stack Sampler (Mark III sampler) manufactured by 2000 Inc., Atlanta, Georgia or other similar cascade impactor approved by the Department.  The Mark III Sampler shall use a complete set of collector plates consisting of the following: Ten plates numbered 0, 1, 2, 3, 4, 5, 6, 7, 8, and F, eleven spacers, eight crossbars, eight glass fiber collection discs, one glass fiber filter, and one plate holder.  Collector plates are installed as follows; 0, 1, 2, 3, 4, 5, 6, 7, 8, F.  The complete arrangement is shown in Figure 2 (20.2.14.403 NMAC).  The gas flowrate through the Mark III Sampler must be controlled to maintain a particle impaction efficiency of 50% on plate 4 for particles of 2 microns aerodynamic diameter.  The procedure for doing this is described in paragraphs (4) and (5) of subsection D of 20.2.14.401 NMAC.

                    (6)     Metering System:  Vacuum gage, leak-free pumps, thermometers capable of measuring to within 3 degrees Fahrenheit., dry test meter with 2 percent accuracy, and related equipment, as required to maintain an approximately isokinetic sampling rate through the probe and specified flowrate through the Mark III Sampler, and to determine sample volume.

                    (7)     Other Sampling Train Equipment:  Pitot tube (type S, or equivalent), impingers/condensers, and barometer shall be as specified in US EPA method 5, Section 2.1.  Note that an equivalent condenser may be used in place of the impinger train.

                    (8)     Sample Recovery Accessories:  As specified in US EPA Method 5, Section 2.2.

                    (9)     Analytical Accessories:  As specified in US EPA Method 5, Section 2.3.

                C.            Reagents:

                    (1)     Sampling:  Sampling for total particulate mass loading shall be in accordance with US EPA Method 5.  Procedures for determining the percent by mass of particles less than two microns equivalent aerodynamic diameter shall be as follows.

                    (2)     Filters:  Glass fiber type, having high efficiency for collecting small particles (99% or higher efficiency for particles 0.3 microns or larger in diameter).  Cambridge Media CM-114 or Gelman Type A filters are acceptable types.

                    (3)     Other Sampling Reagents:  As specified in US EPA Method 5, Section 3.1.

                    (4)     Sample Recovery and Analytical Reagents:  Acetone and water, as specified in US EPA Method 5, Sections 3.2 and 3.3.

                D.            Sampling Procedure:

                    (1)     Procedures:  Sampling procedures for total particulate mass loading shall be in accordance with US EPA Method 5.  Procedures for determining the percent by mass of particles less than two microns equivalent aerodynamic diameter shall be as follows.

                    (2)     Selection of Sampling Site and Sampling Points:  The sampling site is preferably located in a vertical duct or stack, at least eight stack diameters downstream and two diameters upstream of a major disturbance (bend, expansion, contraction or visible flame).  In large ducts (of 20 feet or grater diameter), a distance five diameters downstream of a disturbance will be considered adequate, providing the velocity traverse does not show the flow to be highly irregular.  Under these recommended conditions, a single sampling point is considered to be adequate (See Industrial Gas Cleaning Institute, Test Procedures for Gas Scrubbers, Publication No. 1, p.6):  This point shall be located between 0.2 and 0.5 of the diameter from the outside toward the center of the stack, preferably at a point whose velocity approximates the average velocity of the flue gases.  For conditions which do not meet the criteria given above, additional sampling points must be considered and will be determined as agreed upon between the coal burning equipment operator and the Department.

                    (3)     Determination of Stack, Pressure, Temperatures, Moisture and Distribution of Velocity Heads:  Prior to actual sampling for particulates, a preliminary survey of stack pressure, temperatures, moisture content, and velocity distribution shall be made to assess overall sampling conditions and establish isokinetic sampling velocities.

                              (a)     Stack Pressure and Temperature:  Stack pressure shall be obtained at one or more points at the sampling station using a water-filled U-tube manometer to sense pressure from a hole in the side of the stack or duct to within 0.1 in water.  Temperatures shall be determined from a thermocouple (or equivalent device) attached to the pitot tube, capable of measuring to within 1.5% of the minimum absolute stack temperature.

                              (b)     Distribution of Velocity Heads:  The US EPA Method 1 (found in 40 CFR, Part 60, Appendix A) shall be used as a general guide in determining the number and distribution of pitot tube traverse points.  US EPA Method 2, (found in 40 CFR, Part 60, Appendix A) shall be used as a guide in selection of pitot tube equipment, procedure for making and recording measurements, and calibration of the instrument.  In calibration, the procedure shall be modified in that the pitot tube to be used in testing shall be mounted on the probe and the probe shall have attached the Mark III Sampler and nozzle so that the arrangement is similar to that used in testing.  A complete velocity traverse shall be done each day of testing.

                              (c)     Moisture Determination:  Moisture content of the gas stream is determined by extracting a measured quantity of gas from the stack, condensing the moisture in an external condenser (or in the impingers), and measuring the volume of condensate.  A single, preliminary measurement shall be made using either the stack sampling train or a simplified apparatus consisting mainly of a filter, condenser, pump, and dry gas meter.  If liquid drops are present in the gas stream proceed as follows:  Assume the stream to be saturated, determine the average stack gas temperature from the data obtained in subparagraph (a) of paragraph (3) of subsection D of 20.2.14.401 NMAC above, and use a psychometric chart with appropriate altitude correction along with steam tables to calculate the approximate percentage of moisture.  A further determination of moisture content is made as a part of the particulate sampling as described below.

                    (4)     Preparation of Collection Train:  Check to see that the probe, nozzle, etc., are clean and that there is sufficient ice to fill the ice bath, place 100 ml. of water in the first two impingers, leave the third impinger empty, and place approximately 200 g. of preweighed indicating silica gel in the fourth impinger.  Complete the preparation by desiccating the filter, checking the train for leaks and adjusting the probe heater, generally as specified in the US EPA Method 5, Section 4.1.2.  To establish near isokinetic sampling conditions at the start of testing, the desired flowrate through the particle separator is corrected to stack conditions and the desired sample nozzle size is calculated.  To do this record the temperature of the in-stack Mark III Sampler.  Find this temperature in the abscissa of the graph on Figure 3 (20.2.14.404 NMAC), go up to the curve and read the correction factor on the ordinate of the graph.  Multiply the correction factor by two microns and obtain the temperature corrected aerodynamic diameter.  Locate the corrected aerodynamic diameter on the abscissa of the graph on Figure 4 (20.2.14.405 NMAC) go up to the curve and read on the ordinate the flowrate needed to maintain an impaction efficiency of 50% on plate #4.  Correct this flowrate to stack conditions by adjusting for the difference in particle separator temperature and stack temperature.  Using the equation Q = VA where Q = volumetric flowrate through the separator adjusted to stack temperature (cfm), V = velocity of the stack gas at the point in the stack where the sampling is to take place (fpm) and A is area of the nozzle (sq. ft.) calculate the desired sampling nozzle diameter.  Attach a nozzle to the probe that matches this calculated diameter within 1%.  To establish at the start of testing the correct gas flow through the separator, using the dry gas meter, correct the desired flowrate through the separator to meter conditions by correcting for the difference in temperature between the separator and the dry gas meter and subtract out that portion of the gas volume which will be condensed in the impingers.

                    (5)     Particulate Train Operation:  To begin sampling, position the nozzle at the selected point in the stack with the nozzle tip pointing directly into the gas stream.  Immediately after, start the pump and adjust the dry gas meter to the flowrate calculated in paragraph (4) of subsection D of 20.2.14.401 NMAC.  Sample for at least 5 minutes and then record the temperature of the gas on the outlet end of the separator.  If the temperature is different from that of the container surrounding the separator readjust the dry gas meter flowrate by repeating the steps described in paragraph (4) of subsection D of 20.2.14.401 NMAC using Figures 3 (20.2.14.404 NMAC) and 4 (20.2.14.405 NMAC) excluding the step used in calculating nozzle diameter.  Continue the run until 30 standard cubic feet (70 degrees Fahrenheit, 29.92 inches Hg) have been drawn through the sampling train.  For each run record the required data on a sheet such as the one shown in Figure 5-2 of the US EPA Method 5 and include the temperature monitored at the outlet of the separator.  Record the data after every 5 minutes of testing.  At the end of the run, turn off the pump and record the final readings.  Remove the probe and nozzle from the stack.  Remove the filter and glass fiber collection discs from the separator and place each in a separate container.  Collect in a container all particles brushed and washed from the nozzle, the impactor inlet cone and the zero stage plate.  Repeat the sampling procedure until three runs have been obtained.  Filter wash-solution and dry filter.  Desiccate the filters and collection discs for at least 24 hours and weigh to the nearest 0.5 mg in a room where the relative humidity is less than 50%.

                E.             Calibration:  Use methods and equipment for calibration of the particle separator, orifice meter, pitot tube, temperature sensors and dry test meter approved by the Department.  Recalibrate after every third test or three months whichever comes first except for the particle separator which shall be recalibrated as agreed upon between the owner or operator of the coal burning equipment and the Department.  Figures 3 (20.2.14.404 NMAC) and 4 (20.2.14.405 NMAC) shall reflect results of such calibration.

                F.             Calculations:

                    (1)     Total Particulate Emissions:  After completing the test series, average the dry gas meter temperatures and average orifice pressure drops, then correct the sample volumes measured to standard conditions and calculate the water vapor and moisture content.  Using data gathered, using US EPA Method 5, calculate the concentration of total particulate matter in the stack gas in pounds per standard cubic foot on a dry basis by using equation 5-5 given in Section 6.6.2 of US EPA Method 5.  Using the stack volumetric flowrate corrected to standard conditions on a dry basis calculate the emission rate in pounds per hour.  Using the average heat input to the coal burning equipment during the time of testing, in millions of British Thermal Units per hour, calculate the emission rate in pounds per million British Thermal Units.  Average the emission rate for the three runs to determine total particulate emissions.

                    (2)     Percent of Particles Less Than Two Microns:  The data obtained from the Mark III Sampling shall be used to determine the quantity of particulate matter larger than two microns Equivalent Aerodynamic Diameter and the quantity of particulate matter less than two microns Equivalent Aerodynamic Diameter.  Particulate matter larger than two microns equivalent aerodynamic diameter shall be defined to be the particulate matter collected on the glass fiber collection discs from plates numbered 1, 2, 3, and 4 and the material brushed and washed from the nozzle, the impactor inlet cone and the zero stage plate.  Particulate matter less than two microns equivalent aerodynamic diameter shall be defined to be the particulate material collected on the glass fiber collection discs from plates numbered 5, 6, 7 and 8 and the particulate matter collected on the glass fiber filter.  The sum of the mass' of the particulates which are greater than two microns Equivalent Aerodynamic Diameter and the particles less than two microns equivalent aerodynamic diameter is the total particulate collected for the purposes of determining percent less than two microns.  After determining the quantity of particulate collected, determine the percent by mass of the total particulate collected which is compassed of particles of less than two microns equivalent aerodynamic diameter.

                    (3)     Loading of Particles Less Than Two Microns:  The percentage by mass of particles as determined from the Mark III sampling results as described in the previous paragraph is applied to the total mass loading in pounds per million British Thermal Units as determined by US EPA Method 5.  The resulting loading in pounds per million British Thermal Units of particulates less than two microns equivalent aerodynamic diameter shall be used to determine compliance with the particulate emission limitations contained in subsection B of 20.2.14.202 NMAC and subsection B of 20.2.14.203 NMAC.

                G.            Acceptable results:  Validity of each run shall be determined by calculating the actual flow through the particle separator from the recorded data.  If the flowrate is within 10% of the calculated flow from Figure 4 (20.2.14.405 NMAC), the run will be considered valid.  Deviations from isokinetic sampling rate by more than 10% shall invalidate the test.

[11/30/95; 20.2.14.401 NMAC - Rn, 20 NMAC 2.14.401 10/31/02]

 

20.2.14.402          SAMPLING TRAIN FOR FINE PARTICULATE MATTER, PROCEDURE II:  Figure 1.

 

 

[11/30/95; 20.2.14.402 NMAC - Rn, 20 NMAC 2.14.402 10/31/02]

 

20.2.14.403          ARRANGEMENT OF IMPACTION PLATES AND FILTER IN THE ANDERSON IMPACTOR, PROCEDURE II:  Figure 2.

[11/30/95; 20.2.14.403 NMAC - Rn, 20 NMAC 2.14.403 10/31/02]

 

20.2.14.404          SAMPLE GRAPH OF TEMPERATURE CORRECTION FOR AERODYNAMIC SIZE OF PARTICLES CAPTURED IN THE ANDERSON IMPACTOR, PROCEDURE II:  Figure 3.

 

 

[11/30/95; 20.2.14.404 NMAC - Rn, 20 NMAC 2.14.404 10/31/02]

 

20.2.14.405          SAMPLE GRAPH OF AERODYNAMIC DIAMETER VS. FLOWRATE THROUGH PLATE #4 OF THE ANDERSON IMPACTOR (50% IMPACTION EFFICIENCY), PROCEDURE II:  Figure 4.

[11/30/95; 20.2.14.405 NMAC - Rn, 20 NMAC 2.14.405 10/31/02]

 

HISTORY OF 20.2.14 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the Commission of Public Records-State Records Center and Archives.

HSSD 70-1, Ambient Air Quality Standards And Air Quality Control Regulations, 01/27/70.

 

History of Repealed Material:  [RESERVED]

 

Other History:

HSSD 70-1, Ambient Air Quality Standards And Air Quality Control Regulations, (relating to that portion numbered 504) filed 01/27/70, was renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.14, Particulate Emissions From Coal Burning Equipment, filed 10/30/95.

20 NMAC 2.14, Particulate Emissions From Coal Burning Equipment, filed 10/30/95, was renumbered, reformatted and replaced by 20.2.14 NMAC, effective 10/31/02.

 

 
Return to NMAC homepage
 

TITLE 1                 GENERAL GOVERNMENT ADMINISTRATION

CHAPTER 13       PUBLIC RECORDS

PART 70               PERFORMANCE GUIDELINES FOR THE LEGAL ACCEPTANCE OF PUBLIC

                                RECORDS PRODUCED BY INFORMATION TECHNOLOGY SYSTEMS

 

1.13.70.1               ISSUING AGENCY:  Commission of Public Records - State Records Center and Archives

[10/1/94; 5/15/97; 1.13.70.1 NMAC - Rn, 1 NMAC 3.2.70.1.1, 6/30/05]

 

1.13.70.2               SCOPE:  All state agencies

[9/2/93; 5/15/97; 1.13.70.2 NMAC - Rn, 1 NMAC 3.2.70.1.2, 6/30/05]

 

1.13.70.3               STATUTORY AUTHORITY:  Public Records Act 14-3-4 NMSA 1978

[9/2/93; 5/15/97; 1.13.70.3 NMAC - Rn, 1 NMAC 3.2.70.1.3, 6/30/05]

 

1.13.70.4               DURATION:  Permanent

[10/1/94; 5/15/97; 1.13.70.4 NMAC - Rn, 1 NMAC 3.2.70.1.4, 6/30/05]

 

1.13.70.5               EFFECTIVE DATE:  October 1, 1994 unless a later date is cited at the end of a section or paragraph.

[10/1/94; 5/15/97; 1.13.70.5 NMAC - Rn, 1 NMAC 3.2.70.1.5, 6/30/05]

 

1.13.70.6               OBJECTIVE:

                A.            Admissibility into evidence of records produced by information technology systems employing media such as magnetic tape or magnetic disk (and, by implication optical disk) has been addressed at the federal level by statutes and by the rules of evidence as adopted by the New Mexico supreme court.

                B.            Reported decisions indicate that the courts are quite lenient in interpreting these statutes and rules as applicable to records produced by information technology systems (analog or digital). However, problems arise if appropriate procedures are not followed in creating and maintaining such records, making it difficult to lay a proper foundation for admissibility.  The court must be convinced that the process or system used is trustworthy in producing accurate records, i.e., the records reflect the source data used to create them. (Whether the source data are correct is a separate issue.)

                C.            The purpose of these guidelines is to provide direction for state agencies in the design, management, and operation of their information technology systems to improve the possibility of the admissibility into evidence of their records. The guidelines have been adapted for New Mexico by the commission of public records' legality of electronic records advisory committee composed of representatives from the supreme court law library, the office of the attorney general, the state bar of New Mexico, the general services department, and the state records center and archives.  The guidelines were adapted from the association for information and image management's (AIIM) technical report: performance guideline for the legal acceptance of records produced by information technology systems (AIIM TR31-1992).

[9/2/93; 5/15/97; 1.13.70.6 NMAC - Rn, 1 NMAC 3.2.70.1.6, 6/30/05]

 

1.13.70.7               DEFINITIONS:  The following definitions apply to the process or system assessment criteria set forth below:

                A.            Records:  Information preserved by any technique in any medium, now known, or later developed, that can be recognized by ordinary human sensory capabilities either directly or with the aid of technology.

                B.            Original record:  A record prepared in the first instance or any counterpart intended to have the same effect by a person executing or issuing it.  If data are stored in a computer or similar device, any printout or other output readable by sight shown to reflect the data accurately is an "original."

                C.            Duplicate records:  A record that is produced by the same impression as the original, or from the same matrix, or by any other technological device for producing or reproducing records.

                D.            Information technology system:  Any process or system that employs a mechanical, photo-optical, magnetic, electronic or other technological device for producing or reproducing records.

                E.             Records custodian:  The statutory head of the agency utilizing or maintaining the information system, or their designate.

[9/2/93; 5/15/97; 1.13.70.7 NMAC - Rn, 1 NMAC 3.2.70.1.7, 6/30/05]

 

1.13.70.8               EVIDENCE - BACKGROUND:

                A.            Traditional rules of evidence.

                    (1)     Hearsay:  Courts have traditionally classified records as "hearsay."  Hearsay is a statement offered to show the truth of the matter asserted when the person who made the statement is not available for cross-examination.  SCRA 11-801(C).  Such records were initially excluded from evidence because they depended upon the veracity and competence of the out-of-court declarant. Later, through exceptions to the hearsay rule, courts admitted these records into evidence, when the records met the other established criteria for admissibility. These exceptions to the hearsay rule were based on the presumption that the public records reflected accurate information produced by trustworthy procedures. These exceptions were at first restricted to "original writings" but were later modified to accommodate impact printing and other duplication technologies (e.g., micrographics and photocopying machines) as they became common tools.

                    (2)     The best evidence rule:

                              (a)     The courts also developed the "best evidence rule."  The rule generally states that only the best form of the evidence is admissible.  Initially, only original documents were admissible. As the rule evolved, the courts allowed secondary evidence if it was shown that the original was unavailable without fault of the offering party.  Early duplicate records were probably not admissible since they were made using the transcription process - the copying of records by hand involving human intervention. Due to the high likelihood of error, transcription could not produce trustworthy results.

                              (b)     Over time, courts allowed true duplicate records - duplicates produced by mechanical or other non-human processes - to be admitted in evidence in limited circumstances when the originals were not available because:

                                        (i)     they were public records;

                                        (ii)     the originals had been destroyed;

                                        (iii)     the originals were in the possession of an adverse party who refused to cooperate; or

                                        (iv)     the originals simply could not be found with reasonable effort.  Once these situations were adequately proven to the court, reproductions could then be admitted.

                              (c)     Besides the historical basis for the best evidence rule, the preference for original records serves to reduce forgeries or other fraud in duplicates.  Alterations can readily be detected in original documents while similar detection is difficult if not impossible in duplicates.  Handwriting analysts can more accurately analyze signatures from original records than from duplicates.

                              (d)     In New Mexico case law the relation between computer printouts and the best evidence rule is discussed in Sierra Life Ins. Co. v. First National Life Ins. Co. 85 NM 409, 412, 512 P.2d 1245, 1248 (1973).

                B.            Modern rules of evidence: The federal government follows the federal rules of evidence while most states have adopted one or more uniform laws that establish the admissibility of records in evidence. New Mexico has adopted the uniform rules of evidence with few changes.  New Mexico's rules of evidence permit original and duplicate records to be admitted into evidence provided that a proper foundation is laid.  For example, visible records produced with a computer in the form of computer printouts or computer output microfilm (COM) are considered originals if an appropriate witness can convince the court that they accurately reflect the information in the computer files.  Information processing methods commonly employed in the business world are more readily accepted as reliable, while new information system technologies are subject to greater scrutiny.

                C.            Problems with rules of evidence.

                    (1)     Based upon the traditional position of courts and regulatory agencies, original, paper records are the best evidence, and duplicate records are considered secondary evidence.  Modern rules of evidence perpetuate this concept but provide exceptions for properly made duplicate records.

                    (2)     The basic legal principle behind the best evidence rule is seldom applicable in the world of information technology.  Paper records systems are often inferior to automated systems in terms of preserving evidence for the following reasons.

                              (a)     Paper records systems generally result in the preparation of one copy of the record. In case of fire, flood, or other natural disaster, the single version of the records will be destroyed and no longer available for any evidence, regulatory or other purpose.

                              (b)     Documents can be removed from paper records systems without detection.  While erasures can be detected on originals, most other forms of fraud cannot. For example, when records are subpoenaed by the court or requested by government agencies, certain documents can be provided while others destroyed or hidden.  The fraud resulting from the selective withholding of records can rarely be detected.

                    (3)     Alternatively, original paper records can inappropriately be destroyed.  These records may then be unavailable for any purpose including evidence and regulation.  Unless the fraud related to the destruction is detected, the omission as well as the contents of the records will effectively be excluded from consideration.

                              (a)     Original paper records may not have a very long life expectancy.  This is especially true today because original paper records are often produced using poor quality paper, poor quality ink, lift-off typewriter ribbons, or other inexpensive, short-term methods.  Even records properly organized and stored may not be usable by the time they are needed for a court proceeding.

                              (b)     Paper records are rarely created as part of a rigorous process or system.  Many agencies do not have a records management program.  Even those that do, rarely establish rigorous procedures related to records creation, maintenance and disposition.  Many records created in each agency reflect individual whims rather than systematic policy.  The accuracy of records will therefore vary based upon the integrity, accuracy and capabilities of the individuals involved.

                              (c)     Paper records are rarely audited for accuracy.  Few agencies audit paper records systems to determine the accuracy of the information recorded.

                              (d)     Paper records are rarely subjected to adequate security.  Any individual, including the janitor, may get access to paper records.  The types of fraud discussed above can be accomplished without detection.

                    (4)     Modern information technology systems often differ from paper-based systems through the establishment of processes or systems that reliably produce accurate results.  Modern reproduction systems such as microfilm or optical disk, and even data processing systems, offer the following characteristics that generally provide for more accurate and trustworthy records than are possible with paper records systems.

                              (a)     Modern information technology systems by their nature produce records as part of a process or system that requires a disciplined operation based on standard procedures, written documentation, adequate training, and thoroughly tested equipment and software components.

                              (b)     Modern information technology systems can provide an audit trail that identifies not only what actions were taken related to records but also the individuals involved.

                              (c)     Modern information technology systems can prohibit or detect alterations and attempted alterations to records.  Most optical disk systems, for example, inherently preclude alteration of images.  Bypass of alteration safeguards can be very difficult, requiring special knowledge and technical capabilities.

                              (d)     Modern information technology systems can provide for routine security backup for records produced.  Typically, microfilm, magnetic tape or disk, and optical disk systems will produce backup records at appropriate intervals as required.  These records are generally stored in properly maintained remote locations where they can be retrieved if the original information is damaged or destroyed.

                    (5)     In sum, properly designed, implemented and maintained information technology systems are capable of producing records that are more reliable and accurate than paper-based systems.

                    (6)     It should be noted, however, that although paper-based systems are more susceptible to irretrievable loss or destruction of records and undetectable omissions, without the safeguards stated above, disasters and fraud can be much more costly and damaging to an agency dependent on an information technology system.

                D.            Further challenges.

                    (1)     With the safeguards that can be built into today's modern information technology systems, the best evidence of a record should not be dependent on a specifically sanctioned technology, but on a showing that the record was the result of a process or system that accurately produced it.

                    (2)     Rule 901(b) of the New Mexico rules of evidence lists examples that conform with the requirement of authentication or identification as a condition precedent to admissibility of evidence, i.e., "evidence sufficient to support a finding that the matter in question is what its proponent claims." Example (9) of Rule 901(b) reflects what should be the criteria for introducing records produced by information technology systems into evidence in all jurisdictions.

                    (3)     Example (9) of Rule 901(b) provides for authentication or identification by "evidence describing a process or system used to produce a result and showing that the process or system produces an accurate result." This example was designed for evidence such as x-rays and computer printouts where accuracy of the evidence is dependent upon the process or system that produces it.

                    (4)     When applied to records produced by information technology systems, this provision has no bias towards originals, duplicates, or any particular technology.  The accuracy of the process or system used to produce the result will determine the authenticity or identification, and hence the admissibility of the evidence.

                    (5)     As new information technologies evolve, such as electronic imaging and optical disk systems, some jurisdictions feel compelled to modify existing laws or establish additional criteria for legal acceptance in evidence. It is important that New Mexico develop realistic and non-conflicting requirements.

                    (6)     The performance guidelines represent reasonable criteria to provide for designing and operating information technology systems that insure accuracy, reliability, and ultimately, the trustworthiness of information.  Once implemented, the guidelines can apply to future technologies.

                    (7)     The guidelines relate to the functional or performance criteria for the system used to produce the records rather than to the media or specific technology involved.  The trustworthiness of the process or system determines the legal admissibility of records in evidence, not the type of media or technology utilized.

[9/2/93; 5/15/97; 1.13.70.8 NMAC - Rn, 1 NMAC 3.2.70.1.8, 6/30/05]

 

1.13.70.9               APPLICABILITY:  The guidelines apply to records produced by information technology systems regardless of the physical characteristics of the record media or technology employed. This includes records produced by any technique employing an information technology system as defined above.

[9/2/93; 5/15/97; 1.13.70.9 NMAC - Rn, 1 NMAC 3.2.70.1.9, 6/30/05]

 

1.13.70.10             INFORMATION TECHNOLOGY SYSTEM ASSESSMENT CRITERIA:  Following are criteria for designing and operating an information technology system to improve the admissibility of records into evidence.

                A.            The issue of accuracy:

                    (1)     These guidelines provide an analytical structure for validating electronic record systems with respect to the preservation of accuracy from the time of original source data capture until the time of record output. While the accuracy of the data that is passed to the system needs to be of concern to agencies, that issue can only be addressed after the reliability of the record management system is established. As such, the guidelines are only concerned with the integrity of record management processes as implemented within automation systems.

                    (2)     While the guidelines do need to be applied to the entire record management process from the agency's receipt/creation of data until the eventual destruction of agency records, they are designed to be applied to individual subsystems which can be independently validated. This block structured approach allows a single subsystem to be changed without having to reexamine the entire process. It also facilitates the separation of original data accuracy and other record creation issues from those issues associated with the process of subsequent data manipulation and storage. Compliance with the guidelines will thereby ensure that the processes that agencies use to manage data do not jeopardize the legal admissibility of agency records, regardless of the accuracy of the original source material.

                B.            Quality:  Quality relates to ability of the information technology system to reliably produce and preserve records so that they can be used or recognized by the intended audience.

                    (1)     General requirements: The following should appear with sufficient clarity so that each can be recognized:

                              (a)     individual letters, numbers and symbols;

                              (b)     combinations of letters, numbers and symbols forming words or sentences;

                              (c)     graphics such as signatures, logos, pictures, etc.;

                              (d)     sounds;

                              (e)     other features of records such as color, shape, texture, etc., that relate to the content of the information.

                    (2)     Original records.

                              (a)     Original records preserve information over time in the identical or functionally equivalent form to the original information.

                              (b)     Original records may present information in a form different from the original information without affecting its quality. For example, information preserved in digital format may be printed on paper using different print fonts at different times.

                    (3)     Duplicate records.

                              (a)     Duplicate records accurately reproduce original records. Information that is readable or recognizable on originals should be readable or recognizable on duplicates. Similarly, information that is readable or recognizable on duplicates must be readable or recognizable on originals, except that duplicates may contain production, control, indexing, certification or other data not related to informational content of the records.

                              (b)     The exception allows additional data to be included on duplicates for administration of the reproduction process if it does not adversely affect the informational content of the record. For example, control and indexing data stored with digital images may be necessary to retrieve the images, but does not affect the content of the records themselves.

                              (c)     Image enhancement techniques may be used provided that they do not change the information content of the records.

                              (d)     When duplication processes change informational content of the records, the resulting records will be new originals.

                C.            Records retention versus life expectancy of data on media:

                    (1)     Records should be retained, regardless of media, for the period required by the agency's records retention program for any legal, user, historical or other purpose. The life expectancy of the media per se has no bearing on the admissibility of the records.

                    (2)     The information maintained on the media and the ability of the system to produce records from the information must achieve the required retention period. This means that for some technologies it may be necessary to periodically convert, regenerate, copy or transfer the information from one medium or technology to another to preserve the information for the required period.

                    (3)     Regardless of the retention period or life expectancy of the media, records must continue to exist when litigation, government investigation or audit is pending, imminent or, in some cases, merely foreseeable. In some instances, a court order will issue prohibiting specified records from being destroyed or otherwise rendered unavailable.

                    (4)     The life expectancy of the data on the media must be at least as long as the retention period established for the original record by the commission of public records, or there needs to be a provision in the system for the periodic reproduction of the data, or the periodic revitalization of the data on the media. (also see Subparagraph (b) of Paragraph (3) of Subsection F of 1.13.70.10 NMAC)

                D.            Conversion of records:  Procedures followed to convert records from one medium or technology to another should be carefully documented. Conversion of the records should not affect their legal status provided that quality and accuracy does not functionally change during conversion.

                E.             Form of evidence:

                    (1)     Records should be presented in a readable or recognizable form acceptable to the court. For written records, the records may be readable without any equipment or readable using equipment available to the court. The court may also accept records in other forms when equipment for their retrieval and use is also provided.

                    (2)     The form of records acceptable in evidence will vary based upon the nature of the information. For example, digitized voice information must be presented in an audible, understandable form while digitized video information must be presented in a readable or recognizable form. Records that contain information that relates to multiple human senses such as video records that must be both seen and heard to be complete must be presented in a form that provides all the necessary sensory information to the court.

                    (3)     Records systems should be able to produce readable (by either visual or tactile means) or audible records regardless of the technology used.

                F.             Process or system used to produce records:

                    (1)     Characteristics of a process or system:  Characteristics of the process or system used to produce the information facilitate the accuracy of the information. A description of these characteristics in simple terms facilitates the showing that the process or system is reliable and accurate, and hence capable of producing trustworthy records. Each records system should regularly maintain and update complete documentation of both the collection (input) process and the output process.

                              (a)     Records produced as part of a regularly conducted activity:  Records produced as part of a regularly conducted activity such as those produced in the regular course of operations are more inherently reliable than those produced for a special purpose or for litigation. A regularly conducted activity may include a regular pattern of activity to produce the records on a daily, weekly, monthly, yearly or other cyclical schedule.  A regularly conducted activity may also include records created as part of a regular program of the agency, but at irregular times. For example, records created as part of a retro-conversion project may still, in appropriate circumstances, be regarded as converted in the regular course of operations, even though it only occurred once.

                              (b)     Accuracy:  Accuracy may be increased by systematic quality control and audit procedures, as well as operational oversight by persons with detailed knowledge of the process or system used to produce the records.

                              (c)     Timeliness:  Records produced within a short period after the event or activity occurs tend to be more readily acceptable as accurate than records produced long after the event or activity. However, a challenge to admissibility of a later-produced record can be overcome by a showing that the time lapse had no effect on the record's contents. For example, a computer printout of a statistical report produced annually in the regular course of operations can be shown to accurately consolidate data compiled over the course of a year.

                    (2)     Components of a process or system:  The records program depends upon both the system's components and the processes used in preparing them. The records are more trustworthy if the program under which they were produced included adequate procedures, training programs, audit trails and audits.

                              (a)     Procedures:  Procedures reflect the detailed steps to be followed when creating, modifying, duplicating, destroying or otherwise managing records. They provide for consistent quality control, problem resolution and other activities that might otherwise be subject to inconsistent action, multiple interpretation or misinterpretation.  Established procedures only show what an agency intended to do in managing and controlling the process or system. The trustworthiness of an agency's records depends not only upon established procedures but depend also on how closely they are followed. Deviations from established procedures will be scrutinized, and such deviations might result in the records being inadmissible.

                              (b)     Training programs:  Formal training programs for staff on details of the system procedures help insure that the procedures were correctly followed. When an agency can demonstrate that staff understood the required procedures, the court will tend to find that the procedures were in fact followed. It may be advisable to provide certification of training for certain staff members prior to the staff members' assumption of responsibility for those procedures, especially for those who are likely to testify in court.

                              (c)     Security controls:  Effective security controls are essential for maintaining tamper free systems. An agency must be able to demonstrate to the court that security appropriate to the value and importance of the information was in place.  Typical security controls would include varying levels of access secured by passwords, restricted terminal locations, physical security of processing equipment, and time use restrictions.

                              (d)     Access and audit trails:  Audit trails document who used the system, when they used it, what they did while using the system, and what were the results. Properly implemented audit trails can automatically detect who had access to the system, whether staff followed standard procedures or whether fraud or other unauthorized acts occurred or might be suspected. They provide independent confirmation that proper procedures were in fact followed. It may be advisable to provide various levels of access security.

                              (e)     Audits:  The term "audits" as used in this section is different than quality control specified in most system procedures. Audits performed periodically can confirm that the process or system produces accurate results. Audits should compare the procedures stated in the procedure's documentation with procedures actually followed. They provide verification that the system adheres to these guidelines.  For purposes of establishing the credibility of the records, audits should be performed by an independent source, i.e., persons other than those who created the records or persons without an interest in the content of the records. Trained auditors with agency-wide audit responsibilities provide an acceptable level of independence.  No particular method of auditing is required. For purposes of original records, audits should focus on whether the records accurately incorporate information of the acts, events, or activities leading to the record. For duplicates and other forms of information transfer, audits should confirm that the duplicates accurately reproduce the original information. Such audits must be accomplished prior to destruction of the originals. The destruction must be conducted in accordance with existing agency retention and disposition schedules.

                    (3)     Documentation of a process or system:  Documentation of the process or system provides verification of the process or system followed to produce the records. Without documentation, witnesses must rely solely on memory -- which over time becomes less trustworthy and more susceptible to contradiction. Documentation preserves the information about the process or system independent of the individuals involved. The documentation should always be reviewed by the agency witness prior to giving testimony. In a proper case, the documentation can be introduced into evidence.

                              (a)     Content:  knowledgeable person should prepare and maintain documentation for the process or system used to produce the records. Documentation should be prepared during the design of the system. If the system was implemented without documentation, documentation should be prepared immediately. Documentation should be kept of all changes in the system. All documentation of changes should be kept for the full retention period of the data. Documentation should be complete and up-to-date. This enables staff to know and follow the most current procedures. It also ensures that reliable system documentation is immediately available if needed for court proceedings. Documentation of a system prepared for purposes of litigation is subject to greater challenge.  No particular form or level of detail is required for describing the process or system, although visual aids outlining the documentation can be helpful. Documentation should be sufficient to demonstrate the steps required to get from the beginning to the end of the process. Documentation should be understandable to non-technical personnel. Detailed documentation may be required by the courts. An agency may be required to introduce evidence that any equipment or software involved operated properly at the time the records were produced.  Program documentation should state the control methods in force and how they are to be applied and should also state the times at which each part of a process is to be performed.  Training documentation should record the distribution of written procedures, course materials, attendance of individuals at training sessions, remedial or refresher training programs, certifications of training completion and other relevant information.  The actual audit trail records demonstrate what activities actually took place as part of the process or system. The actual audit reports indicate whether the records were accurately produced. Where audit reports have revealed inaccuracies, the documentation should reflect what remedial procedures were applied. The documentation should state who (by individual or job class) has access to the system at each level of access and should indicate how audit trails are maintained.  Evidence of the actual system procedures followed during the period the records in question were produced should be maintained in sufficient detail to enable the records custodian to describe the process or system to the court.

                              (b)     Retention:  When the documentation changes, the old versions should continue to be maintained for the requisite period. The agency should establish procedures to insure that the Records Custodian is notified whenever a record needs to be maintained longer than its retention period.

[9/2/93, 10/1/94; 5/15/97; 1.13.70.10 NMAC - Rn, 1 NMAC 3.2.70.1.10, 6/30/05]

 

1.13.70.11             AVAILABILITY OF PROCESS OR SYSTEM FOR OUTSIDE INSPECTION:

                A.            The courts encourage pretrial discovery of computer programs and related materials in order to facilitate effective cross examination when computer produced data are introduced into evidence. These guidelines apply this principle to records produced by any information systems technology.

                B.            Inspection:

                    (1)     The process or system used to produce records introduced into evidence is subject to outside inspection by opposing parties and the court. Outside inspection may include review of procedures documentation, review of system operation, independent audits and quality control tests, independent audit, testing of process or system operation, review of equipment design and software documentation, review of training programs or any other matter related to the operation of the process or system.

                    (2)     If the records were produced on the current or substantially similar system, access to the system may be required. Outside parties may request to process their own test data on the agency's system. If the system used to produce the records no longer exists, the court may require that all existing documentation be made available. Lack of pertinent documentation because it no longer exists may jeopardize admissibility of the records if their trustworthiness cannot otherwise be established.

                    (3)     In sum, any relevant step of the process or system can be reviewed by the outside party.

[9/2/93; 5/15/97; 1.13.70.11 NMAC - Rn, 1 NMAC 3.2.70.1.11, 6/30/05]

 

1.13.70.12             LEGAL STATUS OF PUBLIC RECORDS OFFERED AS EVIDENCE:

                A.            The destruction of the original copy of a public record, after reproduction, will not affect the legal status of such reproduction as a public record.

                B.            An agency's ability to show that the process or system used to store and reproduce a public record is trustworthy in terms of producing an accurate result, will normally be sufficient to insure reliability.

[9/2/93; 5/15/97; 1.13.70.12 NMAC - Rn, 1 NMAC 3.2.70.1.12, 6/30/05]

 

1.13.70.13             TESTIMONY OF RECORDS CUSTODIAN:  The records custodian is the statutory head of the agency that utilizes or maintains the information system. This responsibility may be delegated in appropriate circumstances down to the level of clerk. However, it is customary to have the individual who is responsible for the management of the information system documentation and operation provide testimony about the system. In some circumstances, it might be necessary to have the testimony of the individual who actually prepared the record.

                A.            Appearing in court:  When records from an information system are required to be introduced in court, the level of proof may vary from simply certifying a record produced by the system to providing expert testimony about the operations of the system. When confronted with testifying in court, it is usually sufficient for a records custodian to provide for the following:

                    (1)     copy of the record;

                    (2)     documentation of the system;

                    (3)     documentation of any variance of standard operating procedure in the production of the record, especially variations with respect to time and format.

                B.            Certification of records:

                    (1)     Recommended form of certification:  The following is a recommended form of certification:  As a custodian of this record, I certify that it is a copy accurately recorded, maintained, and reproduced by this agency in accordance with the procedures attached hereto. This is page _____of______ pages of certified document. This _________is certified on this ______day of _____________________.

_________________________

Records Custodian

                    (2)     Sample certification procedure for data capture:  The following is a sample certification procedure; it is meant to be suggestive only. An agency's certification procedure will vary according to the type and complexity of the system.

The (agency name) of the state of New Mexico has recorded the requested information using the following procedures:

                              (a)     The original document/data containing the information requested was received in this office in the normal course of operations of the (agency name) carrying out its duties pursuant to the laws of the state of New Mexico. It was then (method of conversion/input) placed onto (method of storage).

                              (b)     The accuracy of this production was verified at the time of conversion/input by comparison. The storage procedure allows the agency to determine whether the stored data was altered from the time of this document's conversion/input to the production of the attached (printout).

                              (c)     Documents are converted/input from the original within _____ days after the original is received for official recordation or filing.

                              (d)     Specifically as to the attached (printout), the following deviations from the above procedure are noted as follows: (none).

___________________________________

Signature by Records Custodian of agency

                    (3)     Sample certification procedure for data output:

The (agency name) has examined all records pertaining to data storage including audit trails, operations logs, and maintenance logs and has determined that there has been no purposeful alterations of the stored data and that there has been no hardware malfunctions that would compromise the integrity of the data.

Any deviations from standard operating procedure are noted as follows:

___________________________________

Signature by Records Custodian of agency

                C.            Challenges to testimony:  The testimony offered by the records custodian will vary based upon their own expertise, level of responsibility, and most especially any challenge offered to the introduction of the record. In appropriate cases and based on the nature of the challenge, it may be necessary to introduce expert witnesses. Information system records can be challenged on many grounds, a discussion of the most common grounds follow.

                    (1)     Challenges to hardware:  Because equipment which is not functioning properly can alter the content of computerized information, the reliability of the data processing equipment used to store and produce the records may be challenged. The information contained in the systems documentation should be sufficient to overcome this. However, if the hardware is challenged, it may be necessary to present evidence that the equipment operated reliably the day the data were initially entered and on the day the computer record was produced. A log of computer operations indicating the absence, or presence, of any malfunction that did or did not affect the data is generally adequate. The agency may also be required to produce a person who has actually tested the equipment.

                    (2)     Challenges to software:

                              (a)     Errors in computer records can result from errors in the computer programs. Consequently, the reliability of the computer programs and formulas used to process the data may be challenged. Normally, introduction of the systems documentation will be sufficient to demonstrate the reliability of the programs and formulas. However, evidence about the development and testing of the programs may also be required, as well as expert testimony from the creator of the software or from individuals who have run validation tests on the software.

                              (b)     A records custodian may also be required to present the specific version of the computer program used to process the data on the date the information entered into evidence was created. A different version of the program may be considered, if it is the only one available, but the absence of the exact version of the program may raise some serious questions about the trustworthiness of the computer records.

                              (c)     The measures taken to verify the proper operation and accuracy of these programs and formulas may be challenged. Normally, introduction of the systems documentation will be sufficient to demonstrate the verification of the programs and formulas. However, expert testimony from the creator of the software or from individuals who have run validation tests on the software may be required.

                    (3)     Challenges to input:

                              (a)     The manner in which the basic data were initially entered into the system may be challenged. The information contained in the systems documentation should be sufficient to demonstrate how the data were entered. However, if it is challenged, it may be necessary to produce a person who actually does data entry.

                              (b)     Whether the data were entered in the regular course of operations may be challenged. The information contained in the systems documentation should be sufficient to overcome this. However, if it is challenged, it may be necessary to produce a person who actually does data entry, or who has audited the system.

                              (c)     Whether the data were entered within a reasonable time after the events recorded by persons having knowledge of the events may be challenged. The procedures outlined in Paragraphs 13.3.3.A and 13.3.3.B above [now Subparagraphs (a) and (b) of this paragraph] of should be sufficient to overcome this. However, where the data are entered at a different time, then the agency's records should not only reflect the date the original data were created, but also the date they were entered.

                              (d)     The measures taken to insure the accuracy of the data entered may be challenged. Normally, introduction of the systems documentation will be sufficient to demonstrate the accuracy of the data. However, it may be necessary to have expert testimony on verification, proof reading, internal audit trails, or computer security in general. It may be necessary as well to introduce the training records of the data entry staff.

                    (4)     Challenges to output:  Computer printouts prepared in the regular course of operations are considered more trustworthy than similar computer printouts prepared for trial. Consequently, the time and mode of preparation of printouts may be challenged. Normally, introduction of the systems documentation will be sufficient. However, where the printout is not created in the normal course of operations, an audit trail leading to the creation of the data may be required. If a specially written search or program was used to extract the data (as, for example, from a screen) the search or program should be included as well.

                    (5)     Challenges to security:  The method of storing the data (for example, magnetic tape) and the safety precautions taken to prevent loss of the data while in storage may be challenged. Backup only becomes an issue if it was used to generate the record. Where an agency is certifying that it does not have any record with regard to a transaction, it will usually be required to search not only the current systems but also the oldest backup that would be likely to contain such a record. Normally, introduction of the systems documentation will be sufficient to demonstrate the method of backup and storage. However, it may be necessary to obtain testimony concerning access to the system, what procedures were in place to prevent unauthorized access, and whether these procedures were carried out with respect to the records in question.

[9/2/93; 1.13.70.13 NMAC - Rn, 1 NMAC 3.2.70.1.13, 6/30/05]

 

1.13.70.14             INFORMATION TECHNOLOGY SYSTEM PERFORMANCE GUIDELINES CHECK-UP:  This legality check-up will assist organizations to assess systems against New Mexico's Performance Guidelines for the Legal Acceptance of Public Records Produced by Information Technology Systems, 1.13.70 NMAC.  It is designed to answer the question:  How will records produced by our system stand up in court if called on to be used as evidence?  Copies of this check-up are available in electronic format.

 

A.            PART I: SYSTEM DESCRIPTION AND GENERAL ASSESSMENT INFORMATION

 

1.             Agency and department responsible for records

2.             Agency and department maintaining system

3.             Type of storage technology (microfilm, optical disk, magnetic tape, etc.)

4.             Hardware and software components of the information system

5.             Briefly describe the public records maintained by the system and identify any information that is

                exempted from public inspection

6.             Who are the main users of the system (federal agencies, state agencies, private, etc.)

7.             Regulatory and other agencies which do or might review the system and records

8.             Rules, regulations and statutes governing maintenance of organization records

9.             Recommendations resulting from performance guidelines check-up

10.           Assessment conducted by:                                                                                                               Date:

 

B.            PART II: SYSTEM/PROCESS RELIABILITY.  The following questions are designed to determine if the system under study is inherently capable of producing accurate records, as is required to enter the records produced into evidence.  A negative response to any of the following questions may necessitate the maintenance of hard-copy source data for the purposes of legal documentation.

 

Performance Guideline Area

SRC Rule Reference

Assessment Question

Observations and Comments

11.  Information Assessment

N/A

Does the system exist to provide information that fulfills the legal requirements of statutes and regulations?  If no, describe system justification.

 

12.  Content and Completeness

N/A

Can the system provide the type and detail of information required by law?  If no, describe limitations.

___________________________________________

What are the consequences if the data maintained by the system is correct?

 

13.  Accuracy

N/A

Are the source records sufficiently accurate to insure utility of information for its intended purpose?  If no, describe limitations.

___________________________________________

Do the system’s internal procedures and/or transformations preserve the accuracy of the source data?

___________________________________________

Is the information recorded in the shortest reasonable time following events?

 

14.  Record Quality, General Requirements

Paragraph (1) of Subsection B of 1.13.70.10 NMAC

Do the following appear in the system’s output with sufficient clarity to be recognized (answer each, state N/A if not appropriate):

letters, numbers and symbols?

words and sentences?

graphics?

sounds (if appropriate)?

other?

___________________________________________

For document capturing systems, is the entire source document captured?  If not, describe any limitations, such as area constraints and drop-out ink.

___________________________________________

For image capturing systems, is the image capture process free from the need of manual data editing (such as occurs in any OCR process)?  If no, describe the manual processes involved.

 

15.  Record Quality, Original Records

Paragraph (2) of Subsection B of 1.13.70.10 NMAC

Are records produced by the system meant to be original records?  If no, skip the rest of this block.

_______________________________________

Describe any differences in form between the source material and the records produced by this system.

_______________________________________

In conclusion, does the system preserve information over time in an identical or functionally equivalent form to the original information?  (Specify either No, Identical, or Functionally Equivalent.)

 

16.  Record Quality, Duplicate Records

Paragraph (3) of Subsection B of 1.13.70.10 NMAC

Are records produced by the system meant to be duplicate records?  If no, skip the rest of this block.

_________________________________________

Describe any information added to the record that is not present in the original record.

_________________________________________

Describe the resolution limitations of the reproduction process.

_________________________________________

In conclusion, do duplicate records accurately reproduce their corresponding original records?  In no, describe limitations.

 

17.  Record Quality, Conclusion

Subsection B of 1.13.70.10 NMAC

In conclusion, (i.e., in light of questions 14 thru 16), is the system free from any other limitations that would prevent the system from reliably producing and preserving records for use by the intended audience?

 

18.  Form of Evidence

Paragraph (1) of Subsection E of 1.13.70.10 NMAC

Are the records produced written in nature?  If no, skip the rest of this block.

__________________________________________

Can the record be read without using any type of equipment?  If no, describe the equipment necessary.

 

19.  Form of Evidence

Paragraph (2) of Subsection E of 1.13.70.10 NMAC

Does the system provide all the sensory and temporal information of the original records?  In no, describe limitations.

___________________________________________

If the records produced are other than written in nature, what senses do the records relate to and does it require a special expertise to interpret the output?

 

20.  Form of Evidence

Paragraph (3) of Subsection E of 1.13.70.10 NMAC

Does the system produce either readable (by either visual or tactile means) or audible records regardless of the technology used?  If no, describe.

 

21.  System/Process Components, Audit Trails

Sub-paragraph (d) of Paragraph (2) of Subsection F of 1.13.70.10 NMAC

Does the system require its users to identify themselves in order to create or modify records?

___________________________________________

Does this identification process require a password to be input?

 

22.  System/Process Components, Audit Trails

Sub-paragraph (d) of Paragraph (2) of Subsection F of 1.13.70.10 NMAC

Does the system provide automated audit trails?

___________________________________________

Can automated audit trails detect unauthorized acts?

____________________________________________

Do the automated audit trails record when a record is modified and who modified it?

____________________________________________

Are operators and other users prohibited from modifying the audit trails?

 

23.  Availability of Process or System for Outside Inspection

Subsection A of 1.13.70.11 NMAC

If the system used to produce the records is currently in service, can the system be used for pretrial discovery by an adverse party or the court?

 

24.  Legal Status of Records Provided as Evidence

1.13.70.12 NMAC

In conclusion, can it be shown that the process or system is, in general trustworthy in producing accurate records (i.e., do the records produced reflect the source data used to create them, disregarding the accuracy of the source data).  If not, describe any deficiencies or limitations not described above.

 

 

C.            PART III:  CORRECTABLE FACTORS.  The following questions are designed to determine if adequate controls and documentation exist for the system under study, as is required to prove that the system currently is and has been trustworthy in producing accurate records. A negative response to any of the following questions should be considered a deficiency that must be corrected if the records produced by the system are to be entered into evidence.

Performance Guideline Area

SRC Rule Reference

Assessment Question

Observations and Comments

25.  Retention

N/A

Have critical points in the system/process data-flow been identified which would be subject to legal admissibility concerns?

____________________________________________

Does a current state records center approved retention and disposition schedule exist for the records at the critical processing points?  If not, how long are they kept?  (The state records center should be contacted if a negative response is given to this question).

 

26.  Records Retention vs. Life Expectancy

Subsection C of 1.13.70.10 NMAC

Can the records be preserved and retrieved for the required retention period without the need for conversion, regeneration, copying, or transfer from one medium or format to another?  If yes, skip to question 27.

___________________________________________

Are procedures in place which define either:

a) a fixed schedule for data regeneration or conversion?

b) checkpoints for determining if and/or when data regeneration or conversion ic necessary?

 

27.  Conversion of Records

Subsection D of 1.13.70.10 NMAC

Can the records be preserved and retrieved for the required retention period without the need for conversion, regeneration, copying, or transfer from one medium or format to another?  In yes, skip to question 28.

____________________________________________

Are conversion procedures well documented with regards to their effect on data accuracy and quality?

____________________________________________

Are the individual conversion processes performed well documented with regards to their effect on data accuracy and quality?

 

28.  System/Process Components, Procedures

Sub-paragraph (a) of Paragraph (2) of Subsection F of 1.13.70.10 NMAC

Do detailed procedures exist for at least the following operations (answer each):

Record creation?

Record modification?

Record duplication?

Record destruction?

Consistent quality control?

Problem resolution?

 

29.  System/Process Components, Procedures

Sub-paragraph (a) of Paragraph (2) of Subsection F of 1.13.70.10 NMAC

Is the system periodically tested?

___________________________________________

On what frequency is the system testing performed?

____________________________________________

Does the testing follow formal procedures?

____________________________________________

Who performs the testing?

 

30.  System/Process Components, Training Program

Sub-paragraph (b) of Paragraph (2) of Subsection F of 1.13.70.10 NMAC

Is there a formal training program for staff on system procedures?

___________________________________________

Does the training program include measurement and documentation of learned skills?

___________________________________________

Does the training program result in certification of key personnel?

___________________________________________

Is training/certification required for all operational personnel? If no, describe.

 

31.  System/Process Components, Audit Trails

Sub-paragraph (d) of Paragraph (2) of Subsection F of 1.13.70.10 NMAC

Do automated audit trails record (answer each):

Who used the system?

When was it used?

What they did during the use?

Whether procedures were followed?

 

32.  System/Process Components, Audits

Sub-paragraph (e) of Paragraph (2) of Subsection F of 1.13.70.10 NMAC

Are periodic audits of the system conducted?

__________________________________________

On what frequency are audits performed?

__________________________________________

Are audits performed by an independent source?

__________________________________________

Do the audits performed compare the procedures stated in the system documentation with the procedures that are actually followed?

___________________________________________

For original records, do the audits focus on whether the records accurately incorporate information on the acts, events, or activities leading to the record?

___________________________________________

For duplicates and other forms of information transfer, do the audits confirm that duplicate records accurately reproduce the original information?

 

33.  Documentation, Timeliness and Status

Sub-paragraph (a) of Paragraph (3) of Subsection F of 1.13.70.10 NMAC

Was the initial documentation prepared during the design and implementation of the system?  If not, when was it prepared?

___________________________________________

Are records kept of all changes to the system?

___________________________________________

Is the system documentation up to date?

 

34.  Documentation, General Content