### State of NewMexico 

## ENVIRONMENTDEPARTMENT

SUSANA MARTINEZ GOVERNOR 

### Air Quality Bureau 

### 1301 SilerRoad, BuildingB Santa Fe, NM 87507-3113 Telephone (505) 476-4300 Fax (505) 476-4375 DAVE MARTIN SECRETARY

JOHNA. SANCHEZ LIEUTENANTGOVERNOR www.nmenv.state.nm.us/aqb BUTCH TONGATE DEPUTYSECRETARY



### September 19, 2012

Mr. Thomas Diggs Associate Director for Air Programs U.S. EPA Region 6 (6-PD) 1445 Ross Avenue, Suite 1200 Dallas, Texas 75202-2733 0 X 

### RE: Clarification ofExemptions in Section 202 of20.2.72 NMAC- Construction Permits

Dear Mr. Diggs:**~** 

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The State ofNew Mexico Environment Department (NMED) Air Quality Bureau (AQB) was recently requested by the U.S. Environmental Protection Agency (EPA), Region VI to provide additional justification that the exemptions contained in Section 202 of20.2.72

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### Construction Permits ofthe New Mexico Administrative Code (NMAC) will not result in an exceedance of any NAAQS, and to include the number of permit revisions (administrative, technical, and significant) issued each year.

Table 1 (attached) identifies the various exemption classifications, the activity or source covered, and a brief description of why the exemption was included. As described in the hearing testimony included in the AQB's SIP revision, submitted to Region VI on May 29, 1998, the majority ofthe exemptions were a codification ofprevious Department policy.

The TEMPO database was queried to identify the number of NSR revisions that were issued from 1991 through the present (as of September 14, 20 12). The results of these queries are presented below in Table 2. Note that for the early years, the database maybeincomplete due to revisions not being later transferred from paper format to the database. 

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### Mr. Thomas Diggs September 19, 2012 Page2

T bl 2 NSRR

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a e evtswns (1991 

# s t b 14 2012)

- >eplem er 

### , Administrative Technical Significant Year Revisions Revisions Revisions 

### 1991 2 0 0 1992 0 0 0 1993 0 0 2 1994 0 0 0 1995 0 0 I 

### 1996 0 0 2 1997 1 0 2 1998 7 I 

### 0 1999 10 1 1 2000 6 3 2 2001 21 1 11 2002 89 20 45 2003 162 12 41 2004 243 21 29 2005 149 18 53 2006 183 30 44 2007 233 28 37 2008 94 21 22 2009 339 23 29 2010 216 14 52 2011 207 25 64 2012 96 16 52

To provide a perspective ofhow often the exemptions in Section 202 havebeen used by sources,
we queried the NMED TEMPO permitting database for a list ofall active sources with Subject Item (e.g., equipment, activity or process) entries with a status description ofBackup/Standby, Exempt, Insignificant, or Emergency. Note that each ofthese entries might or might not have been directly associated with the exemption language in Section 202 as the basis of the exemption is not entered into the database. The query produced a list of 942 subject items, categorized as follows:

• Backup/Standby (Subject Items include engines, generators, turbines and heaters)- 22 Subject Items, some ofwhich include multiple units;

• Emergency (Subject Items include flares, generators, pumps and tanks)- 30 Subject Items;

### Mr. Thomas Diggs September 19, 2012 Page 3

• Exempt (Subject Items includeblowdown vents, electric compressor engines, glycol dehydrators, liquid loading, generators, engines, heaters, tanks, miscellaneous activities and miscellaneous equipment)- 493 Subject Items, some ofwhich include multiple units; and

• Insignificant (Subject Items include truck loading, flares, generators, engines, tanks, storagepiles, fugitives, etc.)- 397 Subject Items, some ofwhichinclude multiple units.

Considering those entries that identify the number ofexempt or insignificant units, there are in

excess of2,000 active individual units that may have been subject to exemptions, yet over the

course ofmore than a decade these items have not resulted in a measured exceedance of any NAAQS. Please be aware that the required entry of exempt units into the database for NSR actions ceased several years ago, so there are additional exempt units that may not be identified in the query results. Some ofthe equipment identified as insignificant are identified as such for TitleV; these sources may or maynothave claimed an exemption under Part 72.

In addition to the information entered into TEMPO, there are also permitting files in the AQB offices including No Permit Required and Notice of Exemption documentation that are unaccounted for in the numbers above.

For all of these reasons, NMED requests that EPA approve the exemption language in 20.2.72.202 NMAC as ensuring that NAAQS are met through the 20.2.72 NMAC construction permit program.

Ifyou have any other questions regarding this issue, please contact Kerwin Singleton ofmy staff at 505-476-4350 or via email at kerwin.singleton@state.nm.us.
Sincerely,

# ~J~//~~ Richard L. 

### Goodyear, PE / ' Bureau Chief

cc: JeffRobinson, EPA Region 6 Ashley Mohr, EPA Region 6Table I: Exemption Justification

CLASSIFICATION ACTIVITY OR SOURCE JUSTIFICATION 202.A

- Exemptions 202.A.l Building or Grounds Emissions similar to (and in total add up to far less than) those ofhomeowners Maintenance who are unregulated. 202.A.2 equipment maintenance Insignificant. Proper maintenance ofpollution control equipment is required in permits. 202.A.3 non-roadvehicle exhaust The constructionpermitprogram is not designed to address indirect sources; in the event that an area becomes nonattainment indirect sources would be addressed inthe SIP 202.A.4 firefighting Emissions will beless than those ofthe fire itself 202.A.5 military activities This refers to training maneuvers and weapons testing, which are conducted on large military ranges far from the public. Visible emissions are not allowed to
cross into publicly accessible areas, and activities cannot be subject to anNSPS orNESHAP. 202.A.6 office activities Insignificant 202.A.7 characterizationtest drilling Insignificant 202.A.8 windblown dust This refers to non-anthropogenic emissions, not to dirt roads orwork areas at a facility. TheNatural Events ActionPlan addresses windblown dust. Any exceedances due to windblown dust wouldbe part ofan exceptional events demonstration underthe Exceptional Events Rule. 202.A.9 residential activities Collectively, woodstoves and fireplaces canbe a significant area source of emissions, but constructionpermits are notthe appropriate means for regulation. Estimated that burning two 5-lb logs perhour would generate I lb/hr CO emissions. 202.A.l0 calibrationgases Insignificant. Note that calibration ofCEMs is**r~uired.** 202.A.ll food service This does not apply to large facilities that manufacture food products, butrather the preparing and serving offood to thepublic on the premises, such as cafeteria activities. Emissions are insignificant. 202.A.l2 repair shops (not solvents or Emissions aside from solvents and painting (which are not included inthis painting) exemption) are insignificant. 202.A.l3 portable aerospace The constructionpermit program is not designedto address indirect sources; in equipment supporting aircraft the event that an area becomes nonattainment indirect sources wouldbe addressed in the SIP. Also, in the NMEDjurisdictionthere are no airports large enough for these emissions to be significant. 202.A.l4 bridge, watertower, highway Leadedpaint no longerused. NM Department ofTransportation regulations display maintenance require contractorto contain emissions andto properlydispose ofwaste material. No significant impact to airquality, short term emissions. 202.A.l5 equipment repositioning There is no impact to air quality, as relocation ofemissionpoints and increases ofemissions or ambient impacts are not allowed.
Page lof2Table 1: Exemption Justification

202.B

- Sources and 202.B.l heating and hot water As this exemption is limitedto heatingbuildings for personal comfort or Activities Requiring equipment less thanBTUperhour producing hot water for personaluse, emissions are similarto (and intotal add Notification onPermit thresholds up to far less than) those ofhomeowners who are unregulated. A five million Application or as BTU/hr furnace was estimated to emit approximately 0.6 tons ofCO, 2.7 tons Administrative Permit ofNOx, and 0.15 tons ofVOC per year. Revisions 202.8.2 VOCs with vaporpressure Thesetanks are not subject to NSPS Subpart Kb exceptto record size. The <0.2 PSI (<10 mmHg) TANKS programindicated that a 5141 barrel (fixedroof, open vent) tank with

one turnoverper day ofa VOC that does not exceed these vaporpressures would emit 1.9 pound perhour or 5.2 tpy ofVOC. 202.8.3 standby J(enerators 500 hr/yr limit is less than 21 days/yr ofoperation. 202.B.4 emission point repositioning There is no impactto airquality, since anincrease in emissions or ambient

orrelocation impacts is not allowed. 202.8.5 de minimis emissions Thethreshold ofone halfton is 0.5% ofthe 100 ton PSD permittingthreshold and 2% ofNM's 25 tonminor sourcepermittingthreshold. The level of significance in statistics is generally 5%. The de minimis emissions are sufficiently insignificant to be exempted. 202.8.6 de minimis surface coating Threshold equatedto approximately 1300 gallons ofpaint. Thetwo tpy of emissions VOC threshold is 2% ofthe 100 tonPSD permittingthreshold and 8% ofNM's 25 tonminor sourcepermitting threshold. Such activities are appropriately addressedunderthe administrative permit revision provisions. 202.8.7 particulates from abrasive Blasting must beenclosed withinbuildings, withno visible emissions released blasting in enclosed buildings from thebuilding. Emissions are thus insignificant. 202.C Sources and Sources and Activities Requiring Ifnotification received and the source does not triggerthe 10 lbs/hr/25 tpy Activities Exempted Due NotificationUnderNOI, NSPS, permitting threshold, no needto obtain a permit underPart 72. to Reporting NESHAP except asphalt plants and Requirements Under rock crushers OtherRel(Ulations 202.D

- Portable Source 202.D.l Addresses relocation for No net effect, emissions are relocated from one locationto another. Source Relocation (Notice Only) sources alreadypermittedunderPart must meet permit conditions and not violate NAAQS. Modeling conducted for 72 initial permit determines setbacks for relocations. 202.D.2 Portable Compressor Engines with Streamlined Permits ' 202.D.3 All otherportable sources (includes rock crushers and asphalt plants

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