### TECHNICAL SUPPORT DOCUMENT

Clean AirActApproval ofRevisions to New Mexico Regulations on Emissions Inventory Requirements (2.10.2.73 NMAC), and General Provisions (2.10.2.1 NMAC) (DocketEPA-R06-0AR-2005-NM-0009)
This Technical support Document (TSD) consists ofChapters A and B. Chapter A provides a technical review ofrevisions to the New Mexico State Implementation Plan (SIP) submitted by the State ofNew Mexico on April 11,2002, December 3,2003, and April 25, 2005, to address revisions to New Mexico Administrative Code (NMAC), Title 20 Environment Protection, Chapter 2 Air Quality, Part 73 Notice ofIntent and Emissions Inventory Requirements (2.10.2.73 NMAC -. Notice ofIntent and Emissions Inventory Requirements) regulations.
Chapter B provides a technical review ofthe revisions to the General Provisions ofthe NMAC (20.2.1 NMAC - General Provisions) submitted with a letter dated April 8,2010, concerning a New Mexico Administrative Code, Title 20 Environment Protection, Chapter 2 Air Quality, Part 1 General Provisions (20.2.1 NMAC - General Provisions) regulation. 

### ChapterA

1. General Requirements

Emissions inventories are surveys ofactual emissions ofair pollutants in an area. They are critical for the efforts ofstate, local, and federal agencies to attain and maintain the National Ambient Air Quality Standards that EPA has established for criteria pollutants such as ozone, particulate matter, and carbon monoxide. In 2002, EPA issued the consolidated emissions reporting rule (CERR), (June 10, 2002 Federal Register, 67 FR 39602). The rule consolidated the various emissions reporting requirements that already exist into one place in the CFR, established new reporting requirements related to particulate matter less than or equal to 2.5 microns (PM2

.5) 

### and regional haze, and established new requirements for the statewide reporting ofarea source and mobile source emissions. In 2008 EPA modified its requirements for collecting and reporting air emissions data by publishing the Air EmissionReporting Requirements in the Federal Register (73 FR 76539) on December 17,2008. The requirements (1) provide options to the state and local airpollution control agencies responsible for reporting data, (2) shorten the timeline forreporting data, (3) eliminate the emissions reporting requirement for biogenic emissions, and (4) require state and local agencies to adopt the definition ofa "point source" as specified under title V ofthe Clean Air Act. The principal Federal statutory authority for emissions inventory reporting requirements is found in Clean Air Act section 110(a)(2)(F), which provides that SIPs must require periodic reports on the nature and amounts ofemissions and emissions-related data as may be prescribed by EPA.



### 1**-~---~~---~------------------------------**



### 2 Background

States use emissions inventories submitted by stationary sources in developing the inventories required by the Clean Air Act. In 2002, New Mexico revised its SIP for air quality to amend the state regulations on emissions inventories submitted by stationary sources located in New Mexico outside ofBernalillo County. The revisions include amendments to the following New Mexico Administrative Code (NMAC) regulations: 20.2.72 NMAC

-Construction Permits, 20.2.73 NMAC -Notice ofIntent and Emission Inventory Requirements, 20.2.74 NMAC - Permits -Prevention ofSignificant Deterioration, 20.2.75 NMAC -Construction Permit Fees, and 20.2.79 NMAC -Permits-Nonattainment Areas. On December 1,2003, New Mexico submitted its Regional Haze SIP, accompanied with two new regulations and two revised regulations that were being added to the NMAC. The two new regulations were Smoke Management (20.2.65 NMAC) and the Western Backstop Sulfur Dioxide Trading Program (20.2.81 NMAC). 40 CFR 51 section 309 thatpertains to the federal Regional Haze Rule requires both the new regulations and the revisions that were made to Notice ofIntent and Emissions Inventory Requirements (20.2.73 NMAC).'In July 2004 New Mexico Environment Department (NMED) proposed to revise the State regulations on emissions inventories. In July and August 2004 notices were published in the New Mexico Register and the Albuquerque Journal. A public hearing on the proposal was held on October 5, 2004 in Las Cruces, New Mexico. The New Mexico Environmental Improvement Board approved the revisions on November 15, 2004. The revisions were submitted to EPA Region 6 in an April 25, 2005 letter from New Mexico Governor Bill Richardson and included an amendment to the New Mexico Air Quality Control Act, adoption ofNew Mexico NMAC regulation 20.2.66 NMAC - Cotton Gins, amendments to regulations 20.2 .72 - Construction Permits, 2:10.2.73 - Notice ofIntent and Emissions Inventory Requirements, and 20.2.75 -Construction Permit Fees.

In this rulemaking we are acting only on revisions pertaining to the emission inventory requirements, specifically 20.2.73.7 and 20.2.73.300 NMAC.



### 3. Analysis of the State's Revisions

The submittals include recodified portions ofthe NMAC regulations, new sections, and edits that simplify text. These administrative changes are in conformance with the New Mexico Register editorial requirements. The 2002 submittal revises the definition of"Potential Emission Rate" in section K of20.2.73, Definitions. The 2003 submittal adds several new definitions to NMAC 20.2.73 including the definition ofinventory, WEB source, and western backstop sulfur dioxide trading program. It also revises Part C ofNMAC 20.2.73. 300, Emission Inventory Requirements, to add a requirement for smelters to submit an annual report ofsulfurinput in tons per year, and adds a new part, Part F, Emission tracking requirements for sulfurdioxide emission inventories, where all stationary sources with actual emissions ofone hundred (100) tons per year

or more ofsulfur dioxide in the year 2000, or in any subsequentyear, shall submit an annual inventory ofsulfurdioxide emissions, beginning with the 2003 emission inventory. It also requires sources that meet these criteriathen but emit less than 100 tons per year in a later year to submit a sulfur dioxide inventory for tracking compliance with the regional sulfurdioxide
2milestones until the western backstop sulfur dioxide trading programhas been fully implemented and emissiontracking has occurred under 20.2.81.106 NMAC. On April 25, 2005, New Mexico submitted anotherrevisionto the SIP, which included a revision to 20.2.73.300 NMAC requiring stationary sources ofair pollutants in New Mexico outside ofBernalillo County to include reporting ofemissions location information, PM2.5emissions, and ammonia emissions in their inventories; and allowNMED to require speciation ofhazardous air pollutants for reporting.

The revised portions of20.2.73 NMAC sections 7 and 300 read as follows:

20.2.73.7 

### DEFINITIONS: In additionto the terms defined in Part 2 (20.2.2 NMAC

- definitions), as used in this part: D. "emissionreport or inventory" means a listing by source ofthe amount ofair pollutants discharged into the atmosphere ofa community; 

### Q. "WEB source" means a stationary source that meets the applicability requirements of20.2 .81 .101 NMAC; 

### R. "western backstop sulfur dioxide trading program" means 20.2.81 NMAC, triggered as a backstop in accordance with the provisions in the sulfur dioxide milestones and backstop trading program implementation plan, ifnecessary, to ensure that regional sulfur dioxide emissions are reduced.

20.2.73.300 

### EMISSION INVENTORY REQUIREMENTS:

C. Content ofemissions reports. Emissions report contents shall include: (4) smelters shall submit an annual report ofsulfur input, in tons/year; (5) for each emission point, as required by the department: (a) stack and exhaust gas parameters; (b) type ofcontrol equipment and estimated control efficiency; (c) schedule ofoperation; (d) estimated actual emissions, including fugitive emissions and emissions occurring during maintenance, start-ups, shutdowns, upsets, and downtime oftotal suspendedparticulate, PMI0, sulfur oxides, nitrogen oxides, carbon monoxide, volatile organic compounds, and lead in tons per year and a description ofthe methods utilized to make such estimates, including calculations; (e) the annual process or fuel combustion rates; and (1)the fuel heat, sulfur, and ash content; and (6) all information required underthe federal act.

F. Emissiontracking requirements for sulfur dioxide emission inventories. All stationary sources with actual emissions ofone hundred (100) tons per year or more ofsulfur dioxide in the year 2000, or in any subsequentyear, shall submit an annual inventory ofsulfur dioxide emissions beginning withthe 2003 emission inventory A source that meets these criteriathat then emits less than 100 tons per year in a later year shall submit a sulfur dioxide inventory for tracking compliance with the regional sulfur dioxide milestones until the western backstop sulfur dioxide trading programhas been fully implemented and emissiontracking has occurred under 20.2.81 .106NMAC.
3(1) All WEB sources will be subjectto the following federally enforceable provisions: (a) submit an annual inventory ofsulfur dioxide emissions; (b) documentthe emissions monitoring/estimation methodology used, and demonstrate thatthe selected methodology is acceptable under the inventory program; (c) include emissions from start up shut down, and upset conditions in the annual total inventory: (d) use 40 CFR Part 75 methodology for reporting emissions for all sources subjectto the federal acid rain program; (e) maintain all records used in the calculation ofthe emissions, including but not limited to the following: i amount offuel consumed, 

### ii percent sulfur content offuel and how the content was determined, iii quantity ofproduct monitoring data, iv emissions monitoring data,

v. operating data, and vi how the emissions are calculated;

(t) maintain records ofany physical changes to facility operations or equipment, or any other changes that may affectthe emissions projections; and (g) retain records for a minimum often years from the date ofestablishment, or ifthe record was the basis for an adjustmentto the milestone 5 years after the date ofan implementationplan revision, whichever is longer. (2) The state shall retain emission inventory records for non-utilities for 1996 and 1998 until the year 2018 to ensure that changes in emissions monitoring techniques can be tracked.

4. Summary and Recommendations

The revisions submitted by New Mexico will assist the State in meeting the emissions inventory requirements ofthe Clean Air Act. The revisions among otherthings assist in implementing the 1997 PM 2.5 standard and the Regional Haze program, and allow tracking of hazardous air pollutants. They enhance the SIP and make it consistent with federal rules. Therefore, EPA recommends approving the revisions as a Direct Final Notice. We are approving these revisions under section 110 ofthe Clean Air Act and EPA's regulations. 

### ChapterB

1. General Requirements

The purpose ofthis Part (20.2.1 NMAC) is to establishgeneral provisions which apply to all Parts ofChapter 2, Air Quality (Part 20.2.1 through Part 20.2.99 NMAC).

2. Background

As stated elsewhere in this document, Chapter B concerns our evaluation ofthe revisions to the General Provisions ofthe 20.2.1 NMAC

- General Provisions as submitted to EPA along
4with a letter dated April 8, 2010, from the Governor ofNew Mexico on behalfofthe New Mexico environment Department (NMED). We received this SIP submittal on April 26, 2010.

The Part 1 provisions were previously approved by EPA on September 26, 1997 (62 FR 50518) at 52.1620(c)(66) effective November 25, 1997.


### 3. Analysis of the State's Revisions

The April 8, 2010, SIP submittal adds a new sectiontitled "Significant Provisions" to Part 1. We have examined the submittal and it contains a copy ofthe public notice announcement, notice ofrulemaking published in the New Mexico Register Volume XXI, Number 2 published on January 29,2010; transmittal form; transcripts ofthe New Mexico Environmental Board (EIB) hearing; and the text ofthe new Section 116 titled "Significant Figures" as filed with the State's Record Center. Therefore, we believe thatthe State has properly followed the required administrative rulemaking procedures.

The new Section 116 reads as follows:



### 20.2.1.5 EFFECTIVE DATE: October 27, 1995, unless a later date is cited at the end ofa section. [09/05/95, 10-27-95, 20.2.1.5 NMAC - Rn, 20 NMAC 2.1.104 10/31/02; A, 06/01/10] [The latest effective date ofany section in this Part is 06/01/10.]



### 20.2.1.116 SIGNIFICANT FIGURES: A. All emissions standards are deemed to have at least two significant figures, but not more than three significant figures. B. At least five significant figures shall be retained in all intermediate calculations. C. In calculating emissions to determine compliance with an emission standard, the following rounding offprocedures shall be used: (1) ifthe first digitto be discarded is less than the number five, the last digit retained shall not be changed; (2) ifthe first digit discarded is greater than the number five, or ifit is the number five followed by at least one digit otherthan the number zero, the last figure retained shall be increased by one unit; and (3) ifthe first digit discarded is exactly the number five, followed onlyby zeros, the last digit retained shall be rounded upward ifit is an odd number, but no adjustment shall be made ifit is an even number; (4) the final result ofthe calculation shall be expressed in the units ofthe standard.

Section 116 sets forth the procedure to properly round significant digits in air emission calculation, and its reporting to the NMED. Section 116 adopts the same significant figures procedures described in EPA's June 6, 1990 Memorandum, from William G. Laxton, Technical SupportDivision Directorto John S. Seitz, Stationary Source Compliance Division Director, entitled "Performance Test Calculation Guidelines." A copy ofthis guidance document is

5available in the EPA docketNo. EPA-R06-0AR-2005-NM-0009 for public inspection and review. These significant figures procedures will clarify any confusionwith regards to emission calculations and reporting ofthe values. These significant figures procedures will assist the

source in properly reporting its air emissions, and the NMED field and air monitoring personnel
to determine source's compliance with an applicable emission limitation. This section should facilitate enforcement ofthe rules and enhance the New Mexico SIP. Therefore, we recommend its approval into the New Mexico SIP.



### 4. Summary and Recommendations

The SIP revision submitted by New Mexico will assist sources with reporting their emission calculations, and will facilitate making compliance determinations by the NMED. This revision will enhance the New Mexico SIP. Therefore, EPA recommends approving the revision

as a Direct Final Notice into the New Mexico SIP.



### 6