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New Mexico SIP: Part 73. Notice of Intent and Emissions Inventory Requirements; SIP effective 2002-04-09 (NMd09) to 2010-10-11

Regulatory Text: 
              P.O. BOX 26110/1190 ST. FRANCIS DRIVE
                 SANTA FE, NEW MEXICO 87802-0110


As filed with the New Mexico State Records Center August 13, 1997, effective October 1, 1997.  Dates in brackets within the regulation are State effective dates.

As approved by EPA February 8, 2002 (67 FR 6147) effective April 9, 2002. 

                       TABLE OF CONTENTS


100. Issuing Agency
101. Scope
102. Statutory Authority
103. Duration
104. Effective Date
105. Objective
106. Amendment and Supersession of Prior Regulations
107. Definitions
108 - 199. Reserved

                SUBPART II  - NOTICE OF INTENT

200. Applicability
201. Contents of Notice
202. Review of Notice
203. Verification
204. Notification Requirements
205 - 299. Reserved

300. Applicability
301. Reporting Requirements
302. Content of Emissions Inventory Report
303. Additional Content for Emissions Reports from 
     Sources in Ozone Nonattainment Areas
304. Waiver of Reporting Requirements for Insignificant Emissions 

                      SUBPART I - GENERAL PROVISIONS 

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

101. SCOPE:    All persons who own or operate a source or who intend to construct or modify a source.  [11-30-95]
102. 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 74-2-7(A)(1) and (B).  [11-30-95]

103. DURATION:    Permanent.  [11-30-95]

104. EFFECTIVE DATE:     November 30, 1995 except where a later date is cited at the end of a section or paragraph.  [11-30-95; A, 10-01-97]

105. OBJECTIVE:     The objective of this Part is to establish requirements for the submission of certain relevant information to ensure that the regulations and standards under the Air Quality Control Act and the Federal Act will not be violated.  [11-30-95]

106. AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS:    This Part amends and supersedes Air Quality Control Regulation ("AQCR") 703.1 - Notice of Intent and Emissions Inventory Requirements last filed May 29, 1990, as amended ("AQCR 703.1").

     A.   All references to AQCR 703.1 in any other rule shall be construed as a reference to this Part.

     B.   The amendment and supersession of AQCR 703.1 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 703.1.  [11-30-95]

107. DEFINITIONS:   In addition to the terms defined in Part 2 - Definitions, as used in this Part:

     A.   "Air pollution control equipment" means any device, equipment, process or combination thereof the operation of which would limit, capture, reduce, confine, or otherwise control air contaminants or convert for the purposes of control any air contaminant to another form, another chemical or another physical state.  [11-30-95]

     B.   "Commencement" means that an owner or operator has undertaken a continuous program of construction or modification.  [11-30-95]

     C.   "Construction" means fabrication, erection, installation or relocation of a stationary source, including but not limited to temporary installations and portable stationary sources.  [11-30-95]

     D.   "Fugitive emissions" are those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening.  [10-01-97]

     E.   "Modification" means any physical change in, or change in the method of operation of, a stationary source which results in an increase in the potential emission rate of any regulated air contaminant emitted by the source or which results in the emission of any regulated air contaminant not previously emitted, but does not include:

          1.   A change in ownership of the source;

          2.   Routine maintenance, repair or replacement;

          3.   Installation of air pollution control equipment, and all related process equipment and materials necessary for its operation, undertaken for the purpose of complying with regulations adopted by the board or pursuant to the federal Clean Air Act; or

          4.   Unless previously limited by enforceable permit conditions;

               a.   An increase in the production rate, if such increase does not exceed the operating design capacity of the source;

               b.   An increase in the hours of operation; or

               c.   Use of an alternative fuel or raw material if, prior to January 6, 1975, the source was capable of accommodating such fuel or raw material, or if use of an alternate fuel or raw material is caused by any natural gas curtailment or emergency allocation or any other lack of supply of natural gas.  [11-30-95; Rn, 20 NMAC 2.73.107.D, 10-01-97]

     F.   "Nonattainment Area"  means, for any air pollutant, an area which has been designated as a nonattainment area under Section 107 of the Federal Act.  [10-01-97]

     G.   "Operator" means the person or persons responsible for the overall operation of a facility.  [11-30-95; Rn, 20 NMAC 2.73.107.E, 10-01-97]

     H.   "Owner" means the person or persons who own a facility or part of a facility.  [11-30-95; Rn, 20 NMAC 2.73.107.F, 10-01-97]

     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; Rn, 20 NMAC 2.73.107.G, 10-01-97]

     J.   "Portable stationary source" means a source which can be relocated to another operating site with limited dismantling and reassembly, including for example but not limited to moveable sand and gravel processing operations and asphalt plants.  [11-30-95; Rn, 20 NMAC 2.73.107.H, 10-01-97]

     K.   "Potential emission rate" means the emission rate of a source at its maximum capacity in the absence of air pollution control equipment which is not vital to production of the normal product of the source or to its normal operation.  The determination of maximum capacity includes any federally enforceable physical or operational limitation on the capacity of the source.  [11-30-95; Rn, 20 NMAC 2.73.107.I, 10-01-97]

     L.   "Potential to emit" means the maximum capacity of a stationary source to emit any air pollutant under its physical and operational design.  Any physical or operational limitation on the capacity of a source to emit an air pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation is federally enforceable.  The potential to emit for nitrogen dioxide shall be based on total oxides of nitrogen.  [10-01-97]

     M.   "Regulated air contaminant" means, any air contaminant, the emission or ambient concentration of which is regulated pursuant to the New Mexico Air Quality Control Act or the Federal Act.  [11-30-95; Rn, 20 NMAC 2.73.107.J, 10-01-97; A, 10-01-97]

     N.   "Shutdown" means the cessation of operation of any air pollution control equipment, process equipment or process for any purpose, except routine phasing out of batch process units.  [11-30-95; Rn, 20 NMAC 2.73.107.K, 10-01-97]

     O.   "Stationary source" or "source" means any building, structure, equipment, facility, installation (including temporary installations), operation or portable stationary source which emits or may emit any air contaminant.  Any research facility may group its sources for the purpose of this Part at the discretion of the Secretary of the Department.  [11-30-95; Rn, 20 NMAC 2.73.107.L, 10-01-97]

108 - 199.     RESERVED  [11-30-95]

                       SUBPART II - NOTICE OF INTENT


     A.   Any owner or operator intending to construct a new stationary source which has a potential emission rate greater than 10 tons per year of any regulated air contaminant or 1 ton per year of lead shall file a Notice of Intent with the Department.  [11-30-95]

     B.   Any owner or operator intending to modify a stationary source which either prior to or following the modification has a potential emission rate greater than 10 tons per year of any regulated air contaminant or 1 ton per year of lead shall file a Notice of Intent with the Department.  [11-30-95]

     C.   The requirements of Subpart II do not apply to stationary sources or modifications located in Bernalillo County.  [11-30-95]

     D.   The Notice of Intent shall be filed prior to the commencement of construction.  Construction shall not begin prior to issuance of a written determination by the Department  that a permit is not required, or if a permit is required, prior to the issuance of the permit under Part 72,  Part 74, or  Part 79.  [11-30-95]

201. CONTENTS OF NOTICE:    Notices of Intent shall be filed on forms furnished by the Department, which shall be identical to the extent practicable, as those used for  Part 72 -  Permits  and shall include:  [11-30-95]

     A.   The applicant's name and address, the person to contact regarding the application, and the name and address of the new source or modification.  [11-30-95]

     B.   The date of the application.  [11-30-95]

     C.   A description of the new facility or modification including all operations affecting air emissions.  [11-30-95]

     D.   The anticipated operating schedule.  [11-30-95]

     E.   A map such as a 7.5 minute United States Geological Survey Topographic Quadrangle showing the location of the stationary source.  [11-30-95]

     F.   The nature and quantities of any regulated air contaminants the new source or modification will emit, including all calculations utilized to estimate emissions.  [11-30-95]

     G.   A description of any air pollution control device or method to be utilized, including the basis for the estimated control efficiency.  [11-30-95]

     H.   The stack and exhaust gas parameters for all emission points.  [11-30-95]

     I.   Any other relevant information as the Department  may reasonably require.   [11-30-95]

     J.   Be signed under oath or affirmation by the operator, the owner, or an authorized representative, certifying to the best of his or her knowledge the truth of all information submitted.  [11-30-95]

202. REVIEW OF NOTICE:    Within thirty days from the date a notice is received, the Department  shall review its content and by certified letter indicate to the applicant:  [11-30-95]

     A.   The notice is incomplete and indicate specific additional material or clarification required; or  [11-30-95]

     B.   A permit is not required and construction may commence; or  [11-30-95]

     C.   A permit is required before construction may commence.  For this case, the Department  will indicate whether the application is complete with respect to the requirements of each applicable permit regulation and specify additional material or clarification required if it is not complete.  [11-30-95]

203. VERIFICATION:    In verifying information submitted in response to the requirements of this Part, the Department  may:  [11-30-95]

     A.   Enter at all reasonable times in or upon any private or public property, except private residences, which the Department  has reasonable cause to believe is or will become a source of air contaminants contributing to air pollution; and  [11-30-95]

     B.   Require the production of information relating to emissions which cause or contribute to air pollution, including the sampling of emissions in accordance with methods and at locations and intervals as may be prescribed by the Department.  [11-30-95]


     A.   The owner or operator of a portable stationary source shall notify the Department in writing of the date and site of any relocation at least fifteen days prior to its occurrence.  [11-30-95]

     B.   Any owner or operator of a stationary source which will be shut down for a period of one year or more shall notify the Department  in writing of the actual date of shut down within thirty days after the shut down occurs.  [11-30-95]

     C.   Any new owner or operator of a stationary source shall notify the Department  within thirty days of assuming ownership of his or her name and address.  [11-30-95]

205 - 299.     RESERVED  [11-30-95]


300. APPLICABILITY:    The requirements of this Subpart III apply to the owner or operator of any stationary source located outside of Bernalillo County which:  [11-30-95]

     A.   Has been issued a permit under  Part 72 - Construction Permits during any period of time, except for toxic air pollutant permits issued under Part 72, Subpart IV; or  [11-30-95]

     B.   Is required to file a Notice of Intent under Subpart II of this Part; or  [11-30-95]

     C.   Emits in excess of 1 ton of lead or 10 tons of total suspended particulate, PM10, sulfur dioxide, nitrogen oxides, carbon monoxide, or volatile organic compounds in any calendar year including and subsequent to 1990.  [11-30-95; A, 10-01-97]


     A.    Any source which emits, or has the potential to emit, 5 tons per year or more of lead or lead compounds, or 100 tons per year or more of PM10, sulfur oxides, nitrogen oxides, carbon monoxide, or volatile organic compounds shall submit an emissions report annually. [10-01-97]

     B.   Any source defined as a major source of hazardous air pollutants under 20 NMAC Part 70 - Operating Permits shall submit an emissions report annually.  [10-01-97]

     C.   Any source which is located in an ozone nonattainment area and which emits, or has the potential to emit, 25 tons per year or more of nitrogen oxides or volatile organic compounds shall submit an emissions report annually.  [10-01-97]

     D.   Any source which is not required by Section 301.A, Section 301.B or Section 301.C of this Part to submit an emission report shall submit an emissions report under this Part upon request by the Department, but no more frequently than annually.  [10-01-97]

     E.   Except as provided in Section 301.H of this Part, the Department shall provide to the owner or operator required by this Subpart III to submit an emissions report a complete copy of the most current emissions report for their stationary source which is on file with the Department.  The Department shall provide this copy to the owner or operator at least 90 days prior to the date when the source is required to submit an emissions report.  [11-30-95; Rn, 20 NMAC 2.73.301.A, 10-01-97; A, 10-01-97]

     F.   The owner or operator shall submit to the Department a complete, correct and current emissions report in the format specified by the Department which reflects emissions during the previous calendar year.  [11-30-95; Rn, 20 NMAC 2.73.301.B, 10-01-97; A, 10-01-97]

     G.   Except as provided in Section 301.H of this Part, the owner or operator shall submit the emission report by April 1 of each year in which the source is required to submit an emission report.  [10-01-97]

     H.   Sources for which a date for submitting an annual emission report is specified in a current Operating Permit issued under 20 NMAC Part 70 - Operating Permits shall submit such report on that date.  The Department shall provide a copy of the previous emissions report upon request by the owner or operator of such source.  [10-01-97]

302. CONTENT OF EMISSIONS REPORTS:    Emissions report contents shall include:  [11-30-95; A, 10-01-97]

     A.   The name, address, and physical location of the stationary source;  [11-30-95; A, 10-01-97]

     B.   The name and telephone number of the person to contact regarding the emissions report;  [11-30-95; A, 10-01-97]

     C.   A certification signed by the owner, or operator, or a responsible official as defined in Part 70 attesting that the statements and information contained in the emissions report are true and accurate to the best knowledge and belief of the certifying official, and including the full name, title, signature, date of signature, and telephone number of the certifying official.  For sources subject to Part 70, the certification shall be made as required under that Part;  [10-01-97]

     D.   For each emission point, as required by the Department:

          1.   Stack and exhaust gas parameters;

          2.   Type of control equipment and estimated control efficiency;

          3.   Schedule of operation;

          4.   Estimated actual emissions, including fugitive emissions and emissions occurring during maintenance, start-ups, shutdowns, upsets, and downtime of total suspended particulate, PM-10, sulfur oxides, nitrogen oxides, carbon monoxide, volatile organic compounds, and lead in tons per year and a description of the methods utilized to make such estimates, including calculations;

          5.   The annual process or fuel combustion rates; and

          6.   The fuel heat, sulfur, and ash content.  [11-30-95; R, 10-01-97; Rn, 20 NMAC 2.73.302.C, 10-01-97; A, 10-01-97]

     E.   All information required under the Federal Act; and  [10-01-97]

303. ADDITIONAL CONTENT FOR EMISSIONS REPORTS FROM SOURCES IN OZONE NONATTAINMENT AREAS:    Emissions reports from sources located in ozone nonattainment areas shall include, in addition to the contents specified by Section 302 of this Part, the following information:  [10-01-97]

     A.   Typical daily process rate during the peak ozone season, where the peak ozone season is specified by the Department; and  [10-01-97]

     B.   Estimated actual emissions of nitrogen oxides and volatile organic compounds, which shall be reported:

          1.  For each emissions point; and

          2.  For each process and fuel type contributing to emissions from each point; and

          3.  In units of tons per year for annual emissions; and

          4. In units of pounds per day for a typical day during the peak ozone season.  [10-01-97]

304. WAIVER OF REPORTING REQUIREMENTS FOR INSIGNIFICANT EMISSIONS:    The Department may waive the requirements of Section 302.D for emissions which the Department determines to be insignificant under Part 70, except that:  [10-01-97]

     A.   For sources in nonattainment areas, reporting of emissions of pollutants for which the area is nonattainment shall not be waived;  [10-01-97]

     B.   Reporting of emissions for which reporting is required under the Federal Act shall not be waived.  [10-01-97]

************end nm part 73 effective 10/01/1997*******************c41**