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 18        OIL BURNING EQUIPMENT - 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 oil burning equipment. [11-30-95]

106. 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.  [11-30-95]

     A. All references to AQCR 507 in any other rule shall be construed as a reference to this Part.  [11-30-95]

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

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

     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. [11-30-95]

     D.   "New oil burning equipment" means oil burning equipment the construction of which is commenced after August 17, 1971.  [11-30-95]

     E.   "Opacity" means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background. [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.   "Visible emissions" means particulate or gaseous matter which can be detected by the human eye.  [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 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 Section 111 ;

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]

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 Section 109. [11-30-95]

112. EMISSIONS DETERMINATIONS: Particulate matter emissions governed by Sections 109 and 110 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 Sections 109 and 110 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]

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]