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REGULATORY REFERENCE: 20 NMAC 2.72, Subpart II, Section 213
Policy Effective as of: 12/21/98
AIR QUALITY BUREAU
NEW SOURCE REVIEW PERMIT PROGRAM GUIDANCE
POLICIES AND PROCEDURES
INITIAL TESTING REQUIREMENTS
1.0 POLICY NUMBER: AQB 02.30-01
2.0 DATE: December 17, 1998
3.0 REGULATORY REFERENCE: 20 NMAC 2.72, Subpart II, Section
213.
4.0 PURPOSE: Initial compliance tests are required to
establish that
a source or emissions unit is meeting the emission limits
contained in
an air quality permit or in an air quality regulation.
5.0 INITIAL COMPLIANCE TESTING REQUIREMENTS: The Bureau
requires initial
compliance tests under the following circumstances:
A. When a federal New Source Performance Standard (NSPS)(40 CFR,
Part 60) or National Emission Standard for Hazardous
Air Pollutants
(NESHAP) (40 CFR, Part 61) applies to a source or
emissions unit.
The Bureau does not have the discretion to waive the
testing
requirement under NSPS and NESHAP.
B. When the source or emissions unit limits were relied upon by
the
Bureau to keep the source or unit as a minor source
or minor
modification under 20 NMAC 2.74, Permits -
Prevention of Significant
Deterioration (PSD), or 20 NMAC 2.79, Permits -
Non-attainment Areas.
C. When the source or emissions unit limits were relied upon by
the
Bureau in determining that compliance with an
ambient air quality
standard (NMAAQS, NAAQS, or PSD increment) depended
on that level
of emissions.
D. When the make and model of the source or emissions unit does
not have
a substantial testing database on which to justify a
test waiver.
E. When the source or emissions unit was issued a permit under 20
NMAC
2.74 or 20 NMAC 2.79.
F. When the source is using a continuous emissions monitor (CEM)
to
measure stack emissions for determining continued
compliance, and
certification of the CEM is necessary.
6.0 UNITS TO BE TESTED: When the Bureau requires an
initial compliance test,
it will normally follow U.S. EPA guidance on which units should
be tested.
Typically, half the units of the same make and model at a site
should be tested.
This is considered a representative sample of the units at the
site.
7.0 TESTING DEADLINES: Tests are normally required
within 60 days of reaching
maximum production, not to exceed 180 days from initial startup.
8.0 TEST PROTOCOLS AND REPORTS: The Bureau has a
testing protocol to be
followed, requires a pretest meeting between the applicant and
the Bureau,
requires that a member of the Bureau have an opportunity to
observe the tests,
and has a final report format to be followed.
9.0 EXCEPTIONS TO TESTING REQUIREMENTS: The following
are exceptions to
testing requirements:
A. Reciprocating engines for which the Bureau has considerable
test data
and the results show that the emission unit can meet
manufacturers
emission rates.
B. If the emissions unit is considered insignificant in its
emission rate
or ambient impact.
C. If the source is only subject to 2.73, Notice of Intent and
Emission
Inventory Requirements, unless required by an
applicable NSPS or
NESHAP.
10.0 INITIAL COMPLIANCE TEST WAIVERS: Although the initial
compliance test of an
emissions unit may be waived:
A. A waiver from the initial compliance testing requirement does
not
relieve the applicant from complying with the
emission limits
established in the permit and it does not relieve an
applicant from
the obligation to always meet those limits.
Bureau waivers of initial
tests are done at the request of the
applicant. In so requesting, the
applicant is certifying that the source does, can,
and will meet the
emission limits that were the basis upon which the
permit was issued.
Compliance is ultimately the responsibility of the
applicant and
initial tests can provide some assurance to the
applicant that
compliance can be met.
B. Not all scenarios for requiring or not requiring the
initial
compliance tests are contained in this policy.
The requirement for
initial testing may be mandated by an air regulation
and is sometimes
at the discretion of the Bureau depending on the
circumstances of the
application review.
11.0 INITIAL COMPLIANCE TEST EXCEEDANCES OF PERMIT EMISSION
LIMITS: When
contained in an air quality permit, initial compliance tests are
required to be
conducted in accordance with U.S. EPA test methods contained in
40 CFR 60,
Appendix A. If initial compliance tests are done with an
approved test method,
and the permitted emission rate is found to have been
underestimated, 20 NMAC
2.72, Subpart II, Section 219.B.1.e., Technical Permit Revisions,
does allow an
applicant to revise the permit through a technical permit
revision without paying
the entire permit fees again.
The above option is only available for sources conducting the
initial tests
within 180 days of permit issuance. It is not available if
the increase:
A. alters any other permit condition,
B. triggers any additional requirements under any New Mexico air
quality
regulation, including 20 NMAC 2.74 - Prevention of
Significant
Deterioration - (PSD),
C. results in allowable emissions which could contribute to a
violation of
any NMAAQS or NAAQS, or
D. exceeds the permitted allowable emissions by ten (10) percent.
Original signed by Bureau Chief, Cecilia Williams - December 21,
1998
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