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 17        NONFERROUS SMELTERS (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 existing nonferrous smelters.  [11-30-95]

106. 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.  [11-30-95]

     A. All references to AQCR 506.1 in any other rule shall be construed as a reference to this Part.  [11-30-95]

     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]
                                 
107.  DEFINITIONS: In addition to the terms defined in Part 2 - 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.  [11-30-95]

     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. [11-30-95]

     C.   "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. 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]

110. COMPLIANCE DETERMINATION:  Compliance with Section 109 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 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 Section 109 shall be determined by comparison of the sum of the solid and liquid particulate matter to the applicable emission limitation.  [11-30-95]

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]