TECHNICAL SUPPORT DOCUMENT

Clean Air Act Approval ofRevisions to New Mexico Regulations on Emissions Inventory

Requirements (2.10.2.73 NMAC), and General Provisions (2.10.2.1 NMAC)

(Docket EPA-R06-0AR-2005-NM-0009)

This Technical support Document (TSD) consists of Chapters 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.

Chapter A

1. General Requirements

Emissions inventories are surveys of actual emissions of air 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

of area source and mobile source emissions. In 2008 EPA modified its requirements for

collecting and reporting air emissions data by publishing the Air Emission Reporting

Requirements in the Federal Register (73 FR 76539) on December 17,2008. The requirements

(1) provide options to the state and local air pollution control agencies responsible for reporting

data, (2) shorten the timeline for reporting data, (3) eliminate the emissions reporting requirement

for biogenic emissions, and (4) require state and local agencies to adopt the definition of a "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 of emissions

and emissions-related data as may be prescribed by EPA.

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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 of Significant 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 that pertains 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 of New 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 ofsulfur input in tons

per year, and adds a new part, Part F, Emission tracking requirements for sulfur dioxide emission

inventories, where all stationary sources with actual emissions of one hundred (100) tons per year

or more ofsulfur dioxide in the year 2000, or in any subsequent year, shall submit an annual

inventory ofsulfur dioxide emissions, beginning with the 2003 emission inventory. It also

requires sources that meet these criteria then but emit less than 100 tons per year in a later year to

submit a sulfur dioxide inventory for tracking compliance with the regional sulfur dioxide

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milestones until the western backstop sulfur dioxide trading program has been fully implemented

and emission tracking has occurred under 20.2.81.106 NMAC. On April 25, 2005, New Mexico

submitted another revision to the SIP, which included a revision to 20.2.73.300 NMAC requiring

stationary sources of air pollutants in New Mexico outside ofBernalillo County to include

reporting of emissions location information, PM2.5 emissions, and ammonia emissions in their

inventories; and allow NMED to require speciation of hazardous air pollutants for reporting.

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

20.2.73.7 DEFINITIONS: In addition to the terms defined in Part 2 (20.2.2 NMAC -

definitions), as used in this part:

D. "emission report or inventory" means a listing by source ofthe amount of air pollutants

discharged into the atmosphere of a community;

Q. "WEB source" means a stationary source that meets the applicability requirements of 20.2 .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, if necessary, to ensure that regional sulfur dioxide emissions are

reduced.

20.2.73.300 EMISSION INVENTORY REQUIREMENTS:

C. Content of emissions 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 of control equipment and estimated control efficiency;

(c) schedule of operation;

(d) estimated actual emissions, including fugitive emissions and emissions occurring during

maintenance, start-ups, shutdowns, upsets, and downtime oftotal suspended particulate, 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 under the federal act.

F. Emission tracking requirements for sulfur dioxide emission inventories. All stationary sources

with actual emissions of one hundred (100) tons per year or more ofsulfur dioxide in the year

2000, or in any subsequent year, shall submit an annual inventory ofsulfur dioxide emissions

beginning with the 2003 emission inventory A source that meets these criteria that 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 program has been fully implemented and emission tracking has occurred under 20.2.81

.106NMAC.

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(1) All WEB sources will be subject to the following federally enforceable provisions:

(a) submit an annual inventory of sulfur dioxide emissions;

(b) document the emissions monitoring/estimation methodology used, and demonstrate that the

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 subject to 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 of fuel and how the content was determined,

iii quantity of product monitoring data,

iv emissions monitoring data,

v. operating data, and

vi how the emissions are calculated;

(t) maintain records of any physical changes to facility operations or equipment, or any other

changes that may affect the emissions projections; and

(g) retain records for a minimum often years from the date of establishment, or ifthe record was

the basis for an adjustment to the milestone 5 years after the date of an implementation plan

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 other things 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.

Chapter B

1. General Requirements

The purpose ofthis Part (20.2.1 NMAC) is to establish general provisions which apply to

all Parts of Chapter 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

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with a letter dated April 8, 2010, from the Governor ofNew Mexico on behalf ofthe 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 section titled "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 that the 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 of a

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 of any 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 off procedures shall be used:

(1) ifthe first digit to 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 other than 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 only by 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

Support Division Director to John S. Seitz, Stationary Source Compliance Division Director,

entitled "Performance Test Calculation Guidelines." A copy ofthis guidance document is

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available in the EPA docket No. EPA-R06-0AR-2005-NM-0009 for public inspection and

review. These significant figures procedures will clarify any confusion with 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.

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