Regulatory Text: 

            NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD
              P. O. BOX 26110/1190 ST. FRANCIS DRIVE
                     SANTA FE, NM  87502-0110

TITLE 20       ENVIRONMENTAL PROTECTION
CHAPTER 2      AIR QUALITY (STATEWIDE)

PART 16        NONFERROUS SMELTERS (NEW AND 
               EXISTING) - PARTICULATE MATTER

(Approved by EPA 09/26/97 (62 FR 50518) at 52.1620(c)(66) effective 11/25/97. Dates in brackets within the regulation are State effective dates.)


100. ISSUING AGENCY:  Environmental Improvement Board. [11-30-95]

101. SCOPE:  All geographic areas within the jurisdiction of the Environmental Improvement Board. [11-30-95]

102. 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]

103. DURATION:  Permanent. [11-30-95]

104. EFFECTIVE DATE:  November 30, 1995. [11-30-95]

105. OBJECTIVE:  The objective of this Part is to establish particulate matter emission standards for nonferrous smelters. [11-30-95]

106. 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]

107. DEFINITIONS:  In addition to the terms defined in Part 2 - Definitions, as used in this Part:  [11-30-95]

     A.   "Construction" means fabrication, erection or installation of an affected facility.  [11-30-95]

     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.  [11-30-95]

     C.   "Existing nonferrous smelter" means nonferrous smelter that was fully constructed and operational prior to September 1, 1971.  [11-30-95]

     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.  [11-30-95]

     E.   "New nonferrous smelter" means nonferrous smelter the construction or modification of which was commenced after September 1, 1971.  [11-30-95]

     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. [11-30-95]

     G.   "Standard conditions" means temperature of 68 degrees Fahrenheit and pressure of 29.92 inches of mercury.  [11-30-95]

108. 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. [11-30-95]

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 .03 grains per dry cubic foot of discharge gas measured at standard conditions.  [11-30-95]

     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. [11-30-95]

     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]

110. TEST METHODS:  Compliance with Sections 109.A and B of this Part 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 Sections 109.A and B 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]