New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 50 - OIL AND GAS SECTOR - OZONE PRECURSOR POLLUTANTS › Section 20.2.50.112 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General requirements:
(1) Sources
				subject to emissions standards and requirements under this Part shall be
				operated and maintained consistent with manufacturer specifications, or good
				engineering and maintenance practices. When used in this Part, the term
				manufacturer specifications means either the original equipment manufacturer
				(or successor) emissions-related design specifications, maintenance practices
				and schedules, or an alternative set of specifications, maintenance practices
				and schedules sufficient to operate and maintain such sources in good working
				order, which have been approved by qualified maintenance personnel based on
				engineering principles and field experience. The owner or operator shall keep
				manufacturer specifications on file when available, as well as any alternative
				specifications that are being followed, and make them available upon request by
				the department. The terms of Paragraph (1) of Subsection A of 20.2.50.112 NMAC
				apply any time reference to manufacturer specifications occurs in this
				Part.
(2) Sources, including
				associated air pollution control equipment and monitoring equipment, subject to
				emission standards or requirements under this Part shall at all times,
				including periods of startup, shutdown, and malfunction, be operated and
				maintained in a manner consistent with safety and good air pollution control
				practices for minimizing emissions of VOC and NOx. During a period of startup,
				shutdown, or malfunction, this general duty to minimize emissions requires that
				the owner or operator reduce emissions from the affected source to the greatest
				extent consistent with safety and good air pollution control practices. The
				general duty to minimize emissions does not require the owner or operator to
				make any further efforts to reduce emissions beyond levels required by the
				applicable standard under this Part. The terms of Paragraph (2) of Subsection A
				of 20.2.50.112 NMAC apply any time reference to minimizing emissions occurs in
				this Part.
(3) Within two years of
				the effective date of this Part, owners and operators of a source requiring
				equipment monitoring, testing, or inspection shall develop and implement a data
				system(s) capable of storing information for each source in a manner consistent
				with this Section. The owner or operator shall maintain information regarding
				each source requiring equipment monitoring, testing, or inspection in a data
				system(s), including the following information in addition to the required
				information specified in an applicable section of this Part:
(a) unique identification number;
(b) location (latitude and longitude) of the
				source;
(c) type of source (e.g.,
				tank, VRU, dehydrator, pneumatic controller, etc.);
(d) for each source, the controlled VOC (and
				NOx, if applicable) emissions in lbs./hr. and
				tpy;
(e) make, model, and serial
				number; and
(f) a link to the
				manufacturer maintenance schedule or repair recommendations, or
				company-specific operational and maintenance practices.
(4) The data system(s) shall be maintained by
				the owner or operator of the facility.
(5) The owner or operator shall manage the
				source's record of data in the data system(s). The owner or operator shall
				generate a Compliance Database Report (CDR) from the information in the data
				system. The CDR is an electronic report maintained by the owner or operator and
				that can be submitted to the department upon request.
(6) The CDR is a report distinct from the
				owner or operator's data system(s). The department does not require access to
				the owner or operator's data system(s), only the CDR.
(7) The owner or operator's authorized
				representative must be able to access and input data in the data system(s)
				record for that source. That access is not required to be at any time from any
				location.
(8) The owner or operator
				shall contemporaneously track each monitoring event, and shall comply with the
				following:
(a) data gathered during each
				monitoring or testing event shall be uploaded into the data system as soon as
				practicable, but no later than three business days of each compliance event,
				and when the final reports are received;
(b) certain sections of this Part require a
				date and time stamp, including a GPS display of the location, for certain
				monitoring events. No later than one year from the effective date of this Part,
				the department shall finalize a list of approved technologies to comply with
				date and time stamp requirements, and shall post the approved list on its
				website. Owners and operators shall comply with this requirement using an
				approved technology no later than two years from the effective date of this
				Part. Prior to such time, owners and operators may comply with this requirement
				by making a written or electronic record of the date and time of any affected
				monitoring event; and
(c) data
				required by this Part shall be maintained in the data system(s) for at least
				five years.
(9) The
				department for good cause may request that an owner or operator retain a third
				party at their own expense to verify any data or information collected,
				reported, or recorded pursuant to this Part, and make recommendations to
				correct or improve the collection of data or information. Such requests may be
				made no more than once per year. The owner or operator shall submit a report of
				the verification and any recommendations made by the third party to the
				department by a date specified and implement the recommendations in the manner
				approved by the department. The owner or operator may request a hearing on
				whether good cause was demonstrated or whether the recommendations approved by
				the department must be implemented.
(10) Where Part 50 refers to applicable
				federal standards or requirements, the references are to the applicable federal
				standards or requirements that were in effect at the time of the effective date
				of this Part, unless the applicable federal standards or requirements have been
				superseded by more stringent federal standards or requirements.
(11) Prior to modifying an existing source,
				including but not limited to increasing a source's throughput or emissions, the
				owner or operator shall determine the applicability of this Part in accordance
				with 20.2.50.111.B NMAC.