New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 49 - EXCESS EMISSIONS › Section 20.11.49.16 - EXCESS EMISSIONS DURING STARTUP, SHUTDOWN, MALFUNCTION, OR EMERGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
All periods of excess emissions regardless of cause are
				  violations of the state Air Quality Control Act and rules promulgated
				  thereunder, and any applicable permit. The owner or operator of a source who
				  contends that an excess emission occurred during startup, shutdown,
				  malfunction, or emergency may submit to the department a supplemental report
				  addressing the criteria described in Subsections A, B, or C of 20.11.49.16
				  NMAC. To be considered by the department, the appropriate supplemental report
				  described in Subsections A, B, or C of 20.1.49.16 NMAC below must be submitted
				  to the department no later than 30 days after the final excess emissions report
				  submitted pursuant to
				  20.11.49.15 NMAC.
				  The department may grant written extensions to this deadline for good cause
				  shown. An owner or operator of a source who contends that enforcement action
				  for an excess emission is not warranted must provide information in a
				  supplemental report as described in Subsections A, B, or C of 20.11.49.16 NMAC.
				  If no supplemental report is timely received, the department will not consider
				  the criteria described in Subsections A, B, and C of 20.11.49.16 NMAC. The
				  department may require the owner or operator of a source to provide further
				  information in addition to that already contained in the supplemental report or
				  otherwise specified in 20.11.49.16 NMAC. The information in the supplemental
				  report may be considered by the department at its sole discretion and is not
				  intended to be enforceable in a legal proceeding by any party or to limit the
				  enforcement authority of any party. 20.11.49.16 NMAC shall not be construed to
				  preclude EPA or federal court jurisdiction under Section 113 of the federal act
				  to assess civil penalties or other forms of relief for periods of excess
				  emissions, to prevent EPA or the courts from considering the statutory factors
				  for the assessment of civil penalties under Section 113 of the federal act, or
				  to interfere with the rights of litigants to pursue enforcement consistent with
				  their rights under the citizen suit provision of Section 304 of the federal
				  act.
A.
Supplemental report for
				an excess emission during
malfunction
:
The owner or
				operator of a source subject to 20.11.49 NMAC may file a supplemental report
				for an excess emission during malfunction addressing the following criteria:
(1) the excess emission was caused by a
				malfunction;
(2) the excess
				emission:
(a) did not stem from any activity
				or event that could have been foreseen and avoided, or planned for;
				and
(b) could not have been avoided
				by better operation and maintenance practices;
(3) to the maximum extent practicable the air
				pollution control equipment or processes were maintained and operated in a
				manner consistent with good practice for minimizing emissions;
(4) repairs were made in an expeditious
				fashion when the operator knew or should have known that applicable emission
				limitations were being exceeded; off-shift labor and overtime must have been
				utilized, to the extent practicable, to ensure that such repairs were made as
				expeditiously as practicable;
(5)
				the amount and duration of the excess emission (including any bypass) were
				minimized to the maximum extent practicable during periods of such
				emissions;
(6) all possible steps
				were taken to minimize the impact of the excess emission on ambient air
				quality;
(7) all emission
				monitoring systems were kept in operation if at all possible;
(8) the owner or operator's actions in
				response to the excess emission were documented by properly signed,
				contemporaneous operating logs, or other relevant evidence;
(9) the excess emissions were not part of a
				recurring pattern indicative of inadequate design, operation, or maintenance;
				and
(10) the owner or operator
				complied with all notification requirements in
				20.11.49.15
				NMAC.