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TITLE 20 ENVIRONMENTAL
PROTECTION
CHAPTER 2 AIR QUALITY
(STATEWIDE)
PART 300 REPORTING OF GREENHOUSE GAS
EMISSIONS
20.2.300.1 ISSUING AGENCY: Environmental Improvement Board.
[20.2.300.1 NMAC -
N, 01/01/11]
20.2.300.2 SCOPE: All
persons who own or operate an applicable source of greenhouse gas
emissions in the geographic area within the jurisdiction of the environmental improvement
board.
[20.2.300.2 NMAC -
N, 01/01/11]
20.2.300.3 STATUTORY
AUTHORITY: Environmental Improvement Act, NMSA 1978,
Section 74-1-8(A)(4), and Air Quality Control Act, NMSA 1978, Sections
74-2-1 et seq., including specifically Sections 74-2-5(B)(1) &
74-2-(5)(C)(5)(d) & (e).
[20.2.300.3 NMAC -
N, 01/01/11]
20.2.300.4 DURATION: Permanent.
[20.2.300.4 NMAC -
N, 01/01/11]
20.2.300.5 EFFECTIVE DATE: January 1, 2011 except where a later date is cited at the end of a
section.
[20.2.300.5 NMAC -
N, 01/01/11]
20.2.300.6 OBJECTIVE: The
objective of this part is to establish requirements for the annual reporting of
greenhouse gas emissions to the department.
[20.2.300.6 NMAC -
N, 01/01/11]
20.2.300.7 DEFINITIONS: The
definitions included in this part shall also apply to the terms used in 20.2.301
NMAC. The definitions included in 20.2.2
NMAC shall apply to the terms used in this part, unless such term is
defined or incorporated in this part. Except as otherwise provided, the following modifications, exceptions and
omissions are made to 40 CFR 98 definitions that are incorporated into this part
pursuant to 20.2.300.100
NMAC.
A. “Acid gas” means hydrogen sulfide (H2S) and carbon
dioxide (CO2) contaminants that are separated from sour natural gas by an acid
gas removal [unit].
B. “Acid gas removal
unit” or “AGR” means a
process unit that separates hydrogen sulfide and/or carbon dioxide from
sour natural gas using liquid or solid absorbents or membrane
separators.
C. “Acid gas removal vent stack
emissions” means the acid
gas separated from the acid gas absorbing medium (for example, an amine
solution) and released with methane and other light hydrocarbons to the
atmosphere or a flare.
D. “Administrator” means the secretary of the New Mexico
environment department or his or her designee.
E. “cap emissions” means all emissions that are required to be
reported under 20.2.300 NMAC, except those that are defined as
reporting-only emissions and emissions that are not subject to verification
under 20.2.301 NMAC.
F. “CFR” means the United States code of federal
regulations.
G. “Cogeneration system” means
individual cogeneration components including the prime mover (heat
engine), generator, heat recovery, and electrical interconnection, configured
into an integrated system that provides sequential generation of multiple forms
of useful energy (usually electrical and thermal), at least one form of which
the facility consumes on-site or makes available to other users for an end-use
other than electricity generation.
H. “Cogeneration unit” means a
stationary fuel combustion device which simultaneously generates electrical and
thermal energy that is (i) used by the owner or operator of the facility
where the cogeneration unit is located; or (ii) transferred to another facility
for use by that facility.
I. “Compliance period” means a
three-calendar-year time period. The
first compliance period is from January 1, 2012 through December 31,
2014. Each subsequent sequential
three-calendar-year period is a separate compliance period.
J. “Emissions” means the release
of greenhouse gases into the atmosphere from sources and processes in a
facility.
K. “EPA” means the New Mexico
environment department, except in subsection 98.3(h), section 98.7, paragraph
98.33(a)(5), and subpart D of 40 CFR 98, and in reference to EPA publications
and EPA methods published elsewhere than in 40 CFR 98.
L. “Reporting-only emissions” means
the following emissions that are reported under 20.2.300
NMAC.
(1) Fugitive hydrofluorocarbon emissions from cooling towers at electrical
generating units, as required by Paragraph (2) of Subsection A of
20.2.300.103 NMAC;
(2) As required to be reported by petroleum refineries under 40 CFR 98
Subpart Y and 20.2.300.106 NMAC, emissions from:
(a) asphalt blowing operations, as specified in 40 CFR
98.253(h);
(b) equipment leaks, as specified in 40 CFR 98.253(l);
(c) storage tanks, as specified in 40 CFR 98.253(m);
and
(d) loading operations, as specified in 40 CFR 98.253(n).
(3) Emissions of any greenhouse gas other than carbon dioxide, methane,
nitrous oxide, hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and
nitrogen trifluoride.
M. “Reporting year” means the calendar year for which emissions
are being reported in the emissions data report.
[20.2.300.7 NMAC -
N, 01/01/11]
20.2.300.8 SEVERABILITY: If
any provision of this part, or the application of such provision to any person
or circumstance, is held invalid, the remainder of this part, or the
application of such provision to persons or circumstances other than those as to
which it is held invalid, shall not be affected thereby.
[20.2.300.8 NMAC -
N, 01/01/11]
20.2.300.9 CONSTRUCTION: This
part shall be liberally construed to carry out its purpose.
[20.2.300.9 NMAC -
N, 01/01/11]
20.2.300.10 SAVINGS CLAUSE: Repeal or supersession of prior versions of this part shall not affect
any administrative or judicial action initiated under those prior
versions.
[20.2.300.10 NMAC - N, 01/01/11]
20.2.300.11 COMPLIANCE WITH OTHER
REGULATIONS: Compliance with this part does not relieve a
person from the responsibility to comply with any other applicable federal,
state, or local regulations.
[20.2.300.11 NMAC -
N, 01/01/11]
20.2.300.12 AVAILABILITY OF CITED
DOCUMENTS: Copies of 40 CFR Section 98 may be viewed at
the New Mexico environment department air quality bureau [located at 1301 Siler
Road, Building B, Santa Fe NM 87507].
[20.2.300.12 NMAC -
N, 01/01/11]
20.2.300.13 EMISSIONS REPORTS TO THE ENVIRONMENTAL
PROTECTION AGENCY: On approval by the secretary, reports that
conform to this part and that are submitted to the United States environmental
protection agency shall be deemed to satisfy, in whole or in part, the
requirement to submit a report
under this part.
[20.2.300.13 NMAC -
N, 01/01/11]
20.2.300.14 to 20.2.300.99 [RESERVED]
20.2.300.100 ADOPTION OF 40 CFR PART
98: Except as otherwise provided, the following
subparts of 40 CFR Part 98, as amended in the federal register through October 28, 2010 (75 FR 66434), are
hereby incorporated by reference.
A. 40 CFR Part 98 Subpart A - General
Provisions, which includes Sections 98.1 through 98.8 and Tables A-1 through A-5
of Subpart A.
B. 40 CFR Part 98 Subpart C - General
Stationary Fuel Combustion Sources, which includes Sections 98.30 through
98.38 and Tables C-1 and C-2 of Subpart C.
C. 40 CFR Part 98 Subpart D -
Electricity Generation, which includes Sections 98.40 through
98.48.
D. 40 CFR Part 98 Subpart H - Cement
Production, which includes Sections 98.80 through 98.88.
E. 40 CFR Part 98 Subpart P - Hydrogen
Production, which includes Sections 98.160 through 98.168.
F. 40 CFR Part 98 Subpart R - Lead
Production, which includes Sections 98.180 through 98.188.
G. 40 CFR Part 98 Subpart S - Lime Manufacturing, which includes
Sections 98.190 through 98.198 and Table S-1 of Subpart S.
H. 40 CFR Part 98 Subpart V - Nitric
Acid Production, which includes Sections 98.220 through
98.228.
I. 40 CFR Part 98 Subpart X -
Petrochemical Production, which includes Sections 98.240 through
98.248.
J. 40 CFR Part 98 Subpart Y -
Petroleum Refineries, which includes Sections 98.250 through
98.258.
K. 40 CFR Part 98 Subpart GG - Zinc
Production, which includes Sections 98.330 through 98.338.
[20.2.300.100 NMAC -
N, 01/01/11]
20.2.300.101 MODIFICATIONS, EXCEPTIONS AND OMISSIONS
TO 40 CFR PART 98: Except as otherwise provided, the following
modifications, exceptions and omissions are made to incorporated 40 CFR Part
98.
A. Each reference to “25,000
metric tons CO2e” is modified to “10,000 metric tons CO2e”.
B. Except as otherwise provided, each
reference to “any calendar year starting in 2010” is modified to “any calendar
year starting in 2011”.
[20.2.300.101 NMAC -
N, 01/01/11]
20.2.300.102 MODIFICATIONS, EXCEPTIONS AND OMISSIONS
TO 40 CFR PART 98 SUBPART A - GENERAL PROVISIONS: Except as otherwise provided, the following modifications, exceptions and
omissions are made to incorporated 40 CFR Part 98 Subpart A - General
Provisions.
A. In 98.1(a) and (b), references to
"suppliers", "fossil fuel suppliers", and "industrial GHG suppliers" are
omitted.
B. In 98.2(a), the phrase "located in
the United States" is modified to "located in the geographic area within the
jurisdiction of the environmental improvement board."
C. Paragraph 98.2(a)(1) is modified to
read: A facility that contains, in any calendar year starting in 2011, any
source category that is listed in Table A-3 of Subpart A of 40 CFR 98. For these facilities, the annual GHG
report shall cover stationary fuel combustion sources (subpart C) and all
applicable source categories listed in 20.2.300.100 NMAC and 20.2.300.107
NMAC.
D. Paragraph 98.2(a)(2) is modified to
read: A facility containing any source
category listed in 20.2.300.107 NMAC, or in both Table A-4 of 40 CFR 98
and 20.2.300.100 NMAC, that emits, in any calendar year starting in 2011, 10,000
metric tons CO2e or more in combined emissions from all applicable source
categories listed in 20.2.300.100 NMAC and 20.2.300.107 NMAC. For these facilities, the annual GHG report
shall cover all source categories and GHGs for which calculation methodologies
are provided in 20.2.300 NMAC.
E. Paragraph 98.2(a)(3) is modified to
read: A facility that in any calendar
year starting in 2011 meets all three of the following conditions: (i) the facility does not meet the requirements
of either paragraph (a)(1) or (a)(2) of this section; (ii) the aggregate maximum
rated heat input capacity of the stationary fuel combustion units at the
facility is 12 mmBtu/hr or greater; and, (iii) the facility emits 10,000 metric
tons CO2e or more per year in combined emissions from all stationary fuel
combustion sources. For these
facilities, the annual GHG report must cover emissions from stationary fuel
combustion sources only.
F. In Table A-3 of Subpart A (relating
to applicable source categories), the following source categories are
omitted: adipic acid production, aluminum production, ammonia
manufacturing, HCFC-22 production, HFC-23 destruction processes, phosphoric acid
production, silicon carbide production, soda ash production, titanium dioxide
production, municipal solid waste landfills, manure management systems,
underground coal mines, and any other source category added after November 1,
2009.
G. In Table A-4 of Subpart A (relating
to applicable source categories), the following source categories are
omitted: ferroalloy production,
glass production, iron and steel production, pulp and paper manufacturing,
magnesium production, industrial wastewater treatment, industrial waste
landfills, and any other source category added after November 1, 2009.
H. Subsection 98.2(a)(4)
(relating to fuel suppliers and industrial greenhouse gas suppliers) is
omitted.
I. Amend subsection 98.2(b)(2) as
follows.
(1) Omit the sentence “Exclude carbon dioxide emissions from the combustion
of biomass, but include emissions of CH4 and N2O from biomass
combustion."
(2) Add the following subparagraph 98.2(b)(2)(i): "For stationary combustion
units, carbon dioxide emissions from the combustion of biomass fuels shall be
included in determining whether a facility is subject to the reporting
requirements of 20.2.300 NMAC with the
following exception: a maximum of 15,000 metric tons of carbon dioxide emissions
from the combustion of pure solid biomass fuel may be excluded from calculation
of GHG emissions for comparison to the 10,000 metric ton CO2e per year
emission threshold in paragraph (a)(2)
of this section, provided that total GHG emissions including emissions
from solid biomass fuel are less than 25,000 metric tons CO2e.”
(3) Add the following subparagraph 98.2(b)(2)(ii): "The exception in
paragraph (b)(2)(i) of this section shall not apply in determining whether a
facility is subject to the reporting requirements of 40 CFR Part
98."
J. Paragraph 98.2(b)(3) (regarding
miscellaneous uses of carbonate) is omitted.
K. The introductory sentence of
Paragraph 98.2(b)(4) is modified to: "Sum the emissions estimates from paragraphs
(b)(1) and (b)(2) of this section for each GHG and calculate metric tons
of CO2e using Equation A-1 of this section."
L. Subsections 98.2(d) through 98.2(f)
(relating to fuel suppliers and importers and exporters of industrial greenhouse
gases and CO2) are omitted.
M. Subsection 98.2(i) (relating to the
discontinuation of reporting requirements for facilities emitting less
than the reporting threshold) is
modified as follows.
(1) Paragraph 98.2(i)(1) is omitted.
(2) Paragraph 98.2(i)(2) is modified to: "If the operations of a facility change such that emissions fall
below 10,000 metric tons CO2e per year, then the following reporting requirements shall
apply.
(a) If, prior to the emission reduction, the facility was required to report
under 20.2.300 NMAC and to verify emissions under 20.2.301 NMAC, then the
owner or operator shall continue to submit emission reports until reported
emissions are below 10,000 metric tons CO2e per year for a minimum of three
consecutive years. If reported emissions are less than
10,000 metric tons CO2e per year for three consecutive years then the owner or
operator may discontinue submissions of annual emissions reports required by
this part, provided that the owner or operator submits a notification to the
department that announces the cessation of reporting. The
notification shall be submitted no later than March 31 of the year immediately
following the third consecutive year of emissions less than 10,000 tons CO2e per
year. The owner or operator shall
maintain the corresponding records required under 40 CFR 98.3(g) for each
of the three consecutive years and retain such records for three years following
the year that reporting was discontinued. The
owner or operator shall resume reporting if annual emissions in any
future calendar year increase to 10,000 metric tons CO2e per year or more.
(b) If, prior to the emission reduction, the facility was required to report
under 20.2.300 NMAC but was not required to verify emissions under
20.2.301 NMAC, then in lieu of submitting a report otherwise specified by this
part, the owner or operator shall submit to the department a signed statement
certifying that emissions were less than 10,000 metric tons CO2e during the
prior year. After certifying that
emissions are below 10,000 metric tons CO2e per year for three consecutive years
under this paragraph, the owner or operator shall be exempted from further
reporting until CO2e emissions again exceed 10,000 metric tons in any future
calendar year."
(3) In Paragraph 98.2(i)(3) the reference to "supplier" is
omitted.
N. In Subsection 98.3(b), the phrase
"or supplier" is omitted, and references to the years 2010 and 2011 are changed
to 2011 and 2012, respectively.
O. In 98.3(c)(4)(i) through (iii),
modify the phrase "listed in Table A-3 and Table A-4 of this subpart" to "all
applicable source categories in the 40 CFR 98 Subparts listed in Subsections B
through K of 20.2.300.100 NMAC, and in 20.2.300.107 NMAC."
P. 98.3(c)(5) (relating to content of annual report for
fuel suppliers and industrial greenhouse gas suppliers) is
omitted.
Q. 98.3(c)(9) is modified to: "A signed and dated certification
statement."
(1) For facilities required to report to EPA under 40 CFR 98, the
certification statement shall be signed and provided by the designated
representative of the owner or operator, who shall be the same individual
recognized as the designated representative or alternate designated
representative by EPA. The certification
statement submitted to the the department shall follow the requirements of 40
CFR 98.4(e)(1).
(2) For facilities not required to report to EPA under 40 CFR 98, the
certification statement shall be signed by the owner, operator or
authorized representative and shall certify, to the best of his or her
knowledge, the truth of all information in the report.
R. Section 98.3(d) (special provisions
for reporting year 2010) is replaced as follows: "Abbreviated emissions report for
facilities containing only general stationary fuel combustion sources and
emitting less than 25,000 metric tons CO2e per year, exclusive of reporting-only
emissions.
(1) An owner or operator that is otherwise subject to the requirements
of this part may submit an abbreviated emissions report in lieu of the report
required by 40 CFR 98.3(c) if all of the following apply:
(a) total emissions exclusive of reporting-only emissions are less
than 25,000 metric tons CO2e;
(b) no emissions are required to be reported by this part other than those
required to be reported by 40 CFR 98 Subpart C-General Stationary Fuel
Combustion, as incorporated in this part with modifications in
20.2.300.103 NMAC, including CO2 from combustion of biomass-derived fuels;
(c) the facility is not required to report greenhouse gas emissions to the US
EPA under 40 CFR 98; and
(d) the facility emissions report is not subject to verification requirements
under 20.2.301 NMAC
(2) The abbreviated report shall contain the following
information:
(a) facility, operating or construction permit number or notice of
intent number, and physical street address including the city, state and zip
code, or geographical location if not at a street address;
(b) the year and months covered by the report;
(c) date of submittal;
(d) total facility GHG emissions aggregated for all stationary fuel
combustion units calculated according to any method specified in 40 CFR 98.33(a)
and expressed in metric tons of total CO2, CO2 from biomass fuels, CH4,
N2O, and CO2e;
(e) identification of the methods used to determine
emissions;
(f) any facility operating data or process information used for the
GHG emission calculations;
(g) a signed and dated certification statement provided by the designated
representative of the owner or operator, according to the requirements 40 CFR
98.3(c)(9) as modified in Subsection Q of this section; and
(h) for facilities with on-site electricity generation or cogeneration, the
information specified in Paragraphs (1) and (2) of Subsection D of 20.2.300.103
NMAC."
S. Section 98.3(f) after the
heading (Verification) is modified as
follows: Owner or operators subject to
the verification requirements of 20.2.301 NMAC shall obtain verification
services and submit a verification statement meeting the requirements of
20.2.301 NMAC, if applicable.
T. Section 98.3(g) (Recordkeeping) is
modified as follows:
(1) records shall be retained for at least seven years;
(2) the records required under this section shall be made available to the
department within twenty days after the request;
(3) the introductory phrase of 40 CFR 98.3(g)(5) is modified to: "For sources
subject to reporting under 40 CFR Part 98, a written GHG monitoring plan";
and
(4) Subparagraph 98.3(g)(5)(iv) is modified to: "Upon
request by the department, the owner or operator shall make all information that
is collected in conformance with the GHG monitoring plan available for review
during an audit within twenty days after the request; electronic storage of the
information in the plan is permissible, provided that the information can be
made available in hard copy upon request during an audit."
U. Section 98.3(h) is modified to
consist of the heading “annual GHG report revisions” and the following
subparagraphs.
(1) 98.3(h)(1): "The owner or
operator of a facility subject to reporting under both 20.2.300 NMAC and 40 CFR
Part 98 shall submit a revised report within 45 days of discovering or being
notified by EPA of errors in an annual GHG report. The
revised report must correct all identified errors. The owner or operator shall retain
documentation for 7 years to support any revisions made to an annual GHG
report."
(2) 98.3(h)(2): "The owner or
operator of a facility subject to reporting under 20.2.300 NMAC but not 40 CFR
Part 98 shall submit a revised report within 30 days of finding that a report
contains an error, or accumulation of errors, greater than 5 percent of the
total CO2e emissions reported. To the
extent possible, the revised report must correct all identified errors. A
revised report will be accepted only if approved by the department. The owner or operator shall retain
documentation for 7 years to support any revisions made to an annual GHG
report."
V. Section 98.3(i) (calibration
accuracy requirements) is modified as follows.
(1) The dates "January 1, 2010" and “April 1, 2010” are modified to "January
1, 2011" and “April 1, 2011”, respectively.
(2) All references to "suppliers" are omitted.
(3) Paragraph (i)(6) is modified to: “For units and processes that operate
continuously with infrequent outages, it may not be possible to meet the April
1, 2011 deadline for the initial calibration of a flow meter or other
measurement device without removing the device from service and shipping it to a
remote location, thereby disrupting normal process operation. In
such cases, the owner or operator may postpone the initial calibration
until the next scheduled maintenance outage, and may similarly postpone the
subsequent recalibrations. Such postponements shall be documented in the
monitoring plan that is required under section 98.3(g)(5) and submitted before
December 31, 2011 to the department for approval of any postponements of
the initial calibration beyond that date.”
W. The following subsections and
paragraphs are added to Section 98.3.
(1) 98.3(j): "Where 20.2.300 NMAC
requires sampling of a parameter on a more frequent basis than the
corresponding rule in 40 CFR Part 98, the following shall apply unless in
conflict with any other provision in 40 CFR Part 98."
(2) 98.3(j)(1): "The samples must be
spaced apart as evenly as possible over time, taking into account the
operating schedule of the relevant unit or facility."
(3) 98.3(j)(2): "The owner or
operator shall calculate and report a weighted average of the values derived
from the samples by using equation 102-1:"
(4) 98.3(j)(3): "You must keep
records of the date and result for each sample and mass measurement used in the
equation in subsection (j)(2) and of the calculation of each weighted average
included in your report."
(5) 98.3(k): "Where 20.2.300 NMAC
specifies a choice between use of a fuel-based or mass balance-based calculation
or use of a continuous emissions monitoring system (CEMS) to calculate GHG
emissions, the owner or operator shall make this choice and continue to
use the method chosen for all future emissions data reports, unless the use of
the alternative calculation method is approved in advance by the
department."
(6) 98.3(l): "The owner or operator
may elect to designate as de minimis one or more sources or pollutants
that collectively emit no more than 3 percent of the facility’s total CO2e
emissions, but not to exceed 20,000 metric tons CO2e. Where
20.2.300 NMAC otherwise requires the use of a more stringent method for
monitoring and reporting emissions than the method required by 40 CFR Part 98,
the owner or operator may elect to use any other method allowed under 40 CFR
Part 98 for the sources or pollutants designated as de minimis."
(7) 98.3(m): "Notwithstanding the
missing data procedures specified in 20.2.300 NMAC, the failure to conduct
monitoring in accordance with 20.2.300 NMAC shall constitute a violation of this
regulation."
X. Section 98.4 (authorization and
responsibilities of the designated representative) is omitted.
Y. Table A-5 of Subpart A is
omitted.
[20.2.300.102 NMAC -
N, 01/01/11]
20.2.300.103 MODIFICATIONS, EXCEPTIONS AND OMISSIONS
TO 40 CFR PART 98 SUBPART C - GENERAL STATIONARY FUEL COMBUSTION
SOURCES: Except as otherwise provided, the
following modifications, exceptions and omissions are made to incorporated 40
CFR Part 98 Subpart C - General
Stationary Fuel Combustion Sources.
A. Section 98.32 (GHGs to report) is
modified as follows.
(1) 98.32(a): "You must report CO2,
CH4, and N2O mass emissions from each stationary fuel combustion
unit."
(2) 98.32(b): "Facilities that
generate electricity either for sale or for use onsite shall also report
fugitive HFC emissions from cooling units by following the requirements
of 40 CFR 98.33(f) (added as Paragraphs
(15) through (17) of Subsection B of
this section).
B. Section 98.33 (Calculating GHG
emissions) is modified as follows.
(1) Subparagraph 98.33(a)(2)(iii) is modified to: "For
units that combust municipal solid waste (MSW) and that produce steam, use
Equation C-2c of this section. Equation
C-2c of this section may also be used for any solid biomass fuel listed in Table
C-1 of this subpart provided that steam is generated by the unit." Equation C-2c is not modified.
(2) The first sentence of Subparagraph 98.33(a)(4)(iv) is modified to: "An oxygen (O2) concentration monitor may be
used in lieu of a CO2 concentration monitor in a CEMS installed before
January 1, 2011, to determine the hourly CO2 concentrations, in accordance with
Equation F-14a or F-14b (as applicable) in appendix F to 40 CFR part 75, if the
effluent gas stream monitored by the CEMS consists solely of combustion products
(i.e., no process CO2 emissions are mixed with the combustion products) and if
only fuels that are listed in Table 1 in section 3.3.5 of appendix F to 40 CFR
part 75 are combusted in the unit."
(3) The following requirements are appended to Subparagraph
98.33(a)(4)(iv): "An operator without a CO2 monitor who uses a
CEMS and O2 concentrations to calculate and report a unit’s CO2 emissions, and
who regularly conducts a relative accuracy test audit (RATA) for the unit,
must include in the RATA at least annually the monitoring of CO2
concentration and flow, and the calculation of CO2 mass. The
operator must retain these results and make them available to the department
upon request.
(4) Subparagraph 98.33(b)(1)(i) is modified to: (The
Tier 1 Calculation Methodology) may be used for any fuel listed in Table C-1 of
this subpart that is combusted in a unit with a maximum rated heat input
capacity of 250 mmBtu/hr or less at a facility that is not subject to
verification under 20.2.301 NMAC, and may be used for any fuel listed in Table
C-1a of this subpart that is combusted in a unit with a maximum rated heat input
capacity of 250 mmBtu/hr or less at any facility.
(5) Subparagraph 98.33(b)(1)(iii) is modified to: (The
Tier 1 Calculation Methodology) may be used for solid, gaseous, or liquid
biomass fuels in a unit of any size provided that the fuel is listed in Table
C-1 of this subpart and that the emissions are not cap emissions..
(6) Subparagraph 98.33(b)(1)(iv) is modified to: (The Tier 1 Calculation Methodology) may not
be used if you routinely perform fuel sampling and analysis for the fuel high
heat value (HHV) or routinely receive the results of HHV sampling and
analysis from the fuel supplier at the minimum frequency specified in 40 CFR
98.34(a), or at a greater frequency. In
such cases, Tier 2 or a higher tier method shall be used.
(7) Subparagraph 98.33(b)(2)(i) is modified to: (The
Tier 2 Calculation Methodology) may be used for the combustion of pipeline
quality natural gas, or any fuel listed in Table C-1a of this subpart, in a unit
with a maximum rated heat input capacity of 250 mmBtu/hr or
less.
(8) Subparagraph 98.33(b)(2)(iii) is modified to: (The Tier 2 Calculation Methodology) may be
used for MSW or solid biomass fuel in a unit of any size that produces steam, if
Equation C-2c is employed and if the use of Tier 4 is not
required.
(9) A
new subparagraph 98.33(b)(2)(iv) is added: (The Tier 2 Calculation Methodology) may be used for the combustion of
any fuel listed in Table C-1 at any facility that is not subject to 20.2.301
NMAC or to 40 CFR 98.
(10) Subparagraph 98.33(b)(3)(ii) is modified
to: (The Tier 3 Calculation Methodology)
shall be used for a unit with a maximum rated heat input capacity greater than
250 mmBtu/hr or that is located at a facility subject to verification under
20.2.301 NMAC, unless either of the following conditions apply: (A) the use of Tier 1 or Tier 2 is permitted, as
described in paragraphs (b)(1) and (b)(2) of this section; or (B) the use of
Tier 4 is required.
(11) Subparagraph 98.33(b)(3)(iii) is
modified to: (The Tier 3 Calculation Methodology) shall be
used for a fuel not listed in Table C-1 of this subpart provided that the use of
Tier 4 is not required.
(12) The first sentence of subparagraph
98.33(e)(1) is modified to: "If CEMS are not used to measure
CO2, use Equation C-1 or C-2c of this subpart to calculate the annual CO2 mass
emissions from the combustion of biomass (except MSW) for a unit of any
size."
(13) The last sentence of the
introductory paragraph of subparagraph 98.33(e)(2) is modified to: "If MSW or a fossil fuel/biomass mixture containing an undeterminable
quantity of fossil fuels is combusted in the unit, follow the procedures in 40
CFR 98.33(e)(3)."
(14) A new section 98.33(f) is added: "Calculating fugitive HFC emissions from
cooling units. Owner or operators of
electricity generating facilities shall calculate fugitive HFC emissions for
each HFC compound used in cooling units that support power generation or
are used in heat transfers to cool stack gases using either the methodology in
paragraph (f)(1) or (f)(2). The owner or operator is not required to
report GHG emissions from air or water cooling systems or condensers that do not
contain HFCs."
(15) A
new section 98.33(f)(1) is added: "Use
Equation 103-1 to calculate annual HFC emissions."
(16) A new subparagraph 98.33(f)(2) is
added: "Use service logs to document HFC
usage and emissions from each cooling unit. Service logs should document all maintenance and service performed on the
unit during the report year, including the quantity of HFCs added to or removed
from the unit, and include a record at the beginning and end of each report
year. The owner or operator may
use service log information along with the following simplified material balance
equations 103-2, 103-3, and 103-4 to quantify fugitive HFCs from unit
installation, servicing, and retirement, as applicable. The
owner or operator shall include the sum of HFC emissions from the
applicable equations in the greenhouse gas emissions data report."
C. Section 98.34 (Monitoring and QA/QC
requirements) is modified as follows. The following is added at the end of the introductory paragraph of
98.34(b)(3)(ii)(E): "For any refinery not defined as a small
refinery in 40 CFR 80.1101(g), equipment necessary to perform daily sampling and
analysis of carbon content and molecular weight for refinery fuel gas shall be
installed no later than January 1, 2012. For any small refinery, as defined in 40 CFR 80.1101(g), with refinery
fuel gas accounting for greater than 10% of the heat input, sampling and
analysis of carbon content and molecular weight for refinery fuel gas shall be
performed a minimum of three days per week in calendar year 2012 and the
equipment necessary to perform daily sampling and analysis shall be installed no
later than January 1,
2013."
D. Section 98.36 (Data reporting
requirements) is modified as follows.
(1) A new
section 98.36(b)(11) is added: "For
units that generate electricity, nameplate generating capacity (MW) and net
power generated (MWh) during the reporting year."
(2) A new section 98.36(b)(12) is added: "For each cogeneration unit, indicate whether topping or bottoming
cycle and provide useful thermal output as applicable, in mmBtu. Where steam or heat is acquired from another facility for the generation
of electricity, report the provider and amount of acquired steam or heat in mmBtu. Where supplemental firing has been applied to
support electricity generation or industrial output, report this purpose and
fuel consumption by fuel type using the following units: (i) for gases, report
in units of million standard cubic feet; (ii) for liquids, report in units of gallons;
(iii) for non-biomass solids, report in units of short tons; (iv) for
biomass-derived solid fuels, report in units of bone dry short
tons."
(3) In subsection 98.36(d) the following subparagraphs are added as
follows.
(a) 98.36(d)(1)(iv): "Annual fuel
consumption, if not reported under 40 CFR part 75. (A) For gases, report in units of thousands
of standard cubic feet. (B) For liquids,
report in units of gallons. (C)
For non-biomass solids, report in units of short tons. (D) For biomass solid fuels, report in units
of bone dry short tons."
(b) 98.36(d)(1)(v): "Average carbon
content of each fuel, if used to compute CO2 emissions but not reported
under 40 CFR part 75."
(c) 98.36(d)(1)(vi): "Average high
heating value of each fuel, if used to compute CO2 emissions but not reported
under 40 CFR part 75."
(d) 98.36(d)(1)(vii): "For units that burn both fossil fuels and
biomass, the annual CO2 emissions from combustion of all fossil fuels combined
and the annual CO2 emissions from combustion of all biomass fuels combined. Reporting CO2 emissions by type of fuel is
not required."
(e) 98.36(d)(1)(viii): "For units
that generate electricity, nameplate generating capacity (MW) and net power
generated (MWh) during the reporting year."
(f) 98.36(d)(1)(ix): "For each
cogeneration unit, indicate whether topping or bottoming cycle and provide
useful thermal output as applicable, in mmBtu. Where steam or heat is acquired from another facility for the generation
of electricity, report the provider and amount of acquired steam or heat
in mmBtu. Where supplemental firing has been applied to
support electricity generation or industrial output, report this purpose and
fuel consumption by fuel type using the units in Paragraph (2) of Subsection D
of 20.2.300.103 NMAC.
(g) 98.36(d)(2)(iv): "The information
required in paragraphs (d)(1)(iv) through (d)(1)(ix) of 40 CFR 98.36 (added as
Subparagraphs (a) through (f) of Paragraph 3 of Subsection D of 20.2.300.103
NMAC), as applicable.
(4) Subsection 98.36(e) is modified as follows.
(a) The introductory sentence of 98.36(e)(3) is modified to: "Within 20 days of receipt of a written
request from the secretary, you shall submit explanations of the
following:".
(b) The introductory sentence of 98.36(e)(4) is modified to: "Within 20 days of receipt of a written
request from the secretary, you shall submit the verification data and
information described in paragraphs (e)(2)(iii), (e)(2)(v), and
(e)(2)(vii) of this section."
E. Section 98.38 (Definitions) is
modified as follows.
(1) The introductory sentence is modified to read: "Except as specified in this section, all
terms used in this subpart have the same meaning given in the Clean Air
Act and subpart A of this part (40 CFR
98)."
(2) The following definitions are added.
(a) “Bottoming cycle plant” means a cogeneration plant in which the
energy input to the system is first applied to a useful thermal energy
application or process, and at least some of the reject heat emerging from the
application or process is then used for electricity production.
(b) “Cogeneration unit” means a stationary fuel combustion device which
simultaneously generates electrical and thermal energy that is (i) used by the
owner or operator of the facility where the cogeneration unit is located;
or (ii) transferred to another facility for use by that facility.
(c) “Cogeneration system” means individual cogeneration components including
the prime mover (heat engine), generator, heat recovery, and electrical
interconnection, configured into an integrated system that provides sequential
generation of multiple forms of useful energy (usually electrical and thermal),
at least one form of which the facility consumes on-site or makes available to
other users for an end-use other than electricity generation.
(d) "Liquified petroleum gases (LPG)" means the mixture of hydrocarbon gases
containing predominantly propane and smaller amounts of butane, propylene or
other hydrocarbons, including standard grades such as HD-5, and sold
commercially under the name "propane".
(e) "Pipeline quality natural gas" means natural gas having a high heat value
greater than 970 Btu/scf and equal to or less than 1,100 Btu/scf, and
which is at least ninety percent methane by volume and less than five percent
carbon dioxide by volume.
(f) “Topping cycle plant” means a cogeneration plant in which the energy
input to the plant is first used to produce electricity, and at least
some of the reject heat from the electricity production process is then used to
provide useful thermal output.
F. A new Table C-1a is added, as
follows:
Table C-1a of Subpart C—Fuels for which Tier | ||
Fuel Type | Default High Heat | Default CO2 Emission |
Petroleum | mmBtu/gallon | kg CO2 /mmBtu |
Distillate Fuel Oil | 0.139 | 73.25 |
Distillate Fuel Oil | 0.138 | 73.96 |
Distillate Fuel Oil | 0.146 | 75.04 |
Kerosene | 0.135 | 75.20 |
Liquefied petroleum | 0.092 | 62.98 |
Propane | 0.091 | 61.46 |
Propylene | 0.091 | 65.95 |
Ethane | 0.096 | 62.64 |
Ethylene | 0.100 | 67.43 |
Isobutane | 0.097 | 64.91 |
Isobutylene | 0.103 | 67.74 |
Butane | 0.101 | 65.15 |
Butylene | 0.103 | 67.73 |
Natural | 0.110 | 66.83 |
Motor | 0.125 | 70.22 |
Aviation | 0.120 | 69.25 |
Kerosene-Type Jet | 0.135 | 72.22 |
[20.2.300.103 NMAC -
N, 01/01/11]
20.2.300.104 MODIFICATIONS, EXCEPTIONS AND OMISSIONS
TO 40 CFR PART 98 SUBPART D - ELECTRICITY GENERATION: Except as otherwise provided, the following modifications, exceptions and
omissions are made to incorporated 40 CFR Part 98 Subpart D - Electricity
Generation. Section 98.46 (Data
reporting requirements) is modified to: "The annual report shall comply with the data reporting
requirements specified in 40 CFR 98.36(d) and, if applicable, 40 CFR
98.36(c)(2) or
(c)(3)."
[20.2.300.104 NMAC -
N, 01/01/11]
20.2.300.105 MODIFICATIONS, EXCEPTIONS AND OMISSIONS
TO 40 CFR PART 98 SUBPART P - HYDROGEN PRODUCTION: Except as otherwise provided, the following modifications, exceptions and
omissions are made to incorporated 40 CFR Part 98 Subpart P - Hydrogen
Production.
A. Subsection 98.160(a) is modified
to: "A hydrogen production source
category consists of facilities that produce hydrogen gas for use onsite
or sold as a product to other entities."
B. Section 98.163 (Calculating GHG
emissions) is modified as follows.
(1) For Equation P-1 in Subsection 98.163(b)(1), the factor CCn is
modified to mean: weighted average carbon content of the
gaseous fuel and feedstock, from the results of one or more analyses for month n
for natural gas or from daily analysis for gaseous feedstocks other than natural
gas (kg carbon per kg of fuel and feedstock).
(2) For Equation P-2 in Subsection 98.163(b)(2), the factor CCn is modified
to mean: weighted average carbon content
of the liquid fuel and feedstock, from the results of daily sampling for month n
(kg carbon per gallon of fuel and feedstock).
(3) For Equation P-3 in Subsection 98.163(b)(3):
(a) CO2 is modified to mean: annual
CO2 emissions from fuel and feedstock consumption in metric tons per year
(metric tons/yr); and
(b) the factor CCn is modified to mean: weighted average carbon content of the solid fuel and feedstock, from the
results of daily sampling for month n (kg carbon per kg of fuel and
feedstock).
C. Section 98.164 (Monitoring
and QA/QC requirements) is modified as follows.
(1) Subparagraph 98.164(b)(2) is modified to: "Determine the carbon content and the
molecular weight monthly for natural gas. For other gaseous fuels and feedstocks (e.g., biogas, refinery
gas, or process gas), daily sampling and analysis is required to determine the
carbon content and molecular weight of the fuel and feedstock."
(2) Subparagraph 98.164(b)(3) is modified to: "Determine the carbon content of fuel
oil, naphtha, and other liquid fuels and feedstocks daily."
(3) Subparagraph 98.164(b)(4) is modified to: "Determine the carbon content of coal, coke,
and other solid fuels and feedstocks daily."
D. Section 98.166 (Reporting
data requirements) is modified
as follows.
(1) Subparagraph 98.166(b)(5) is modified to: "Monthly or daily analyses of carbon content
for each fuel and feedstock used in hydrogen production (kg carbon/kg of gaseous
and solid fuels and feedstocks, (kg carbon per gallon of liquid fuels and
feedstocks)."
(2) Subparagraph 98.166(b)(6) is modified to: "Monthly or daily analyses of
the molecular weight of gaseous fuels and feedstocks (kg/kg-mole) used, if
any."
(3) A
new subparagraph 98.166(b)(7) is added: "Amount of carbon in unconverted feedstock for which GHG emissions are
calculated and reported by your facility using other calculation methods
provided in this regulation (metric tons CO2e/year). This would include, for example, carbon in
waste diverted to a fuel system or flare, where the CO2 and CH4 emissions are
calculated and reported using other methods provided in 20.2.300 NMAC."
[20.2.300.105 NMAC -
N, 01/01/11]
20.2.300.106 MODIFICATIONS, EXCEPTIONS AND OMISSIONS
TO 40 CFR PART 98 SUBPART Y - PETROLEUM REFINERIES: Except as otherwise provided, the following modifications, exceptions and
omissions are made to incorporated 40 CFR Part 98 Subpart Y - Petroleum
Refineries.
A. Section 98.253 (Calculating GHG emissions) is modified as
follows.
(1) In subsection (b)(1)(iii), the following subparagraphs are modified to
read as follows.
(a) The introductory paragraph of subsection (b)(1)(iii): "Alternative Method for Startup, Shutdown,
and Malfunctions. For startup, shutdown,
and malfunctions during which you were unable to measure the parameters
required by Equations Y-1 and Y-2 of this section, determine the quantity of gas
discharged to the flare separately for each start-up, shutdown, or malfunction,
and calculate the CO2 emissions as specified in paragraphs (b)(1)(iii)(A) and
(b)(1)(iii)(C) of 40 CFR 98.253."
(b) Paragraph 98.253(b)(1)(iii)(A) is replaced as follows: "For periods of start-up, shutdown, or
malfunction, use engineering calculations and process knowledge to
estimate the carbon content of the flared gas for each start-up, shutdown, or
malfunction event."
(c) Paragraph 98.253(b)(1)(iii)(B) is omitted.
(d) Equation Y-3 in section 98.253(b)(1)(iii)(C) is replaced with:
(2) The introductory paragraph in subparagraph 98.253(c)(2) is modified
to: "For catalytic cracking units and
fluid coking units that do not use a continuous CO2 CEMS for the final exhaust stack, you must continuously or no less frequently than hourly monitor
the O2, CO2, and (if necessary) CO concentrations in the exhaust stack from the
catalytic cracking unit regenerator or fluid coking unit burner prior to the
combustion of other fossil fuels and calculate the CO2 emissions according to
the requirements of paragraphs (c)(2)(i) through (c)(2)(iii) of this
section."
(3) Subparagraph 98.253(c)(3) is omitted.
(4) The following definitions for Equation Y-18 in section
98.253(i)(1) are modified as follows.
(a) fvoid: volumetric void fraction
of coking vessel prior to steaming based on engineering calculations(cf gas/cf
of vessel).
(b) MFCH4: average mole fraction of methane in coking vessel gas based on the
analysis of at least two samples per year, collected at least four months apart
(kg-mole CH4/kg-mole gas, wet basis).
(5) Section 98.253(k) is modified to read: "For
uncontrolled blowdown systems, you must use the methods for process vents in
paragraph (j) of 40 CFR 98.253."
B. Section 98.256 (Data reporting
requirements) is modified as follows.
(1) Subparagraph 98.256(e)(8) is modified to: "If you use Equation 106-1 of Subsection A of
20.2.300.106 NMAC, the number of SSM events, and the volume of gas flared (in
scf/event) and the average molecular weight (in kg/kg-mole) and carbon content
of the flare gas (in kg carbon per kg flare) for each SSM event."
(2) Subparagraph 98.256(f)(9) is omitted.
(3) Subparagraph 98.256(m)(2) is modified to: "The information required for process vents
in 40 CFR 98.256(l)."
(4) Subparagraph 98.256(m)(3) is omitted.
C. Section 98.257 (Records that must be
retained) is modified as follows. A new
section 98.257(b) is added: "For each
process vent for which the concentration of CO2, N2O and CH4 are determined to
be below the thresholds in 40 CFR 98.253(j), the owner or operator shall
maintain records of the method used to determine the CO2, N2O, and CH4
concentration and all supporting documentation necessary to demonstrate the
thresholds in 40 CFR 98.253(j) are not exceeded during the reporting year."
[20.2.300.106 NMAC -
N, 01/01/11]
20.2.300.107 EMISSIONS FROM ACID GAS REMOVAL VENT
STACKS: The owner or operator shall report any
non-combustion emissions of carbon dioxide from acid gas removal vent stacks as
described in this section.
A. Calculating CO2 emissions. For AGR (including but not limited to
processes such as amine, membrane, molecular sieve or other absorbents and
adsorbents), calculate emissions for CO2 using equation
107-1.
(1) If a continuous gas analyzer is installed, then the continuous gas
analyzer results must be used. If continuous gas analyzer is not available,
quarterly gas samples must be taken to determine %Vol1 and %Vol2 according to
methods set forth in Subsection B of this section.
(2) Calculate CO2 volumetric emissions at standard conditions using
calculations in Subsection C of this section.
(3) Mass CO2 emissions shall be calculated from volumetric CO2 emissions
using calculations in Subsections D and E of this section.
B. All flow meters, composition
analyzers and pressure gauges that are used to provide data for the GHG
emissions calculations shall use measurement methods, maintenance practices, and
calibration methods, prior to the first reporting year and in each
subsequent reporting year using an appropriate standard method published by a
consensus standards organization such as, but not limited to, ASTM international, American national standards
institute (ANSI), and American petroleum institute (API). If a consensus based standard is not
available, you must use manufacturer instructions to calibrate the meters,
analyzers, and pressure gauges.
C. Volumetric emissions. Calculate volumetric emissions at standard
conditions as specified in Paragraphs (1) or (2) of this
subsection.
(1) Calculate natural gas volumetric emissions at standard conditions by
converting ambient temperature and pressure of natural gas emissions to standard
temperature and pressure natural gas using equation 107-2.
(2) Calculate GHG volumetric emissions at standard conditions by converting
ambient temperature and pressure of GHG emissions to standard temperature and
pressure using equation 107-3.
D. CO2 volumetric emissions. Calculate CO2 volumetric emissions at
standard conditions as specified in paragraphs 1 and 2 of this
section.
(1) Estimate CO2 emissions from natural gas emissions using Equation
107-4.
(2) For Equation 107-4 of this section, the mole percent of carbon dioxide,
MCO2, shall be the annual average mole percent of carbon dioxide in feed natural
gas for all emissions sources upstream of the de-methanizer and CO2 mole
percent in facility specific residue gas to transmission pipeline systems for
all emissions sources downstream of the de-methanizer overhead for onshore
natural gas processing facilities. If
you have a continuous gas composition analyzer on feed natural gas, you
must use these values in calculating emissions. If
you do not have a continuous gas composition analyzer, then quarterly samples
must be taken according to methods set forth in Subsection B of this
section.
E. CO2 mass emissions. Calculate CO2 mass emissions in carbon
dioxide equivalent at standard conditions by converting the CO2 volumetric
emissions into mass emissions using Equation 107-5 of this
section.
F. Procedures for estimating missing
data. A complete record of all estimated
and/or measured parameters used in the GHG emissions calculations is
required. If data are lost or an error occurs during
annual emissions estimation or measurements, you must repeat the estimation or
measurement activity for those sources as soon as possible, including in
the subsequent reporting year if missing data are not discovered until after
December 31 of the reporting year, until valid data for reporting is obtained. Data developed and/or collected in a
subsequent reporting year to substitute for missing data cannot be used
for that subsequent year’s emissions estimation. Where
missing data procedures are used for the previous year, at least 30 days must
separate emissions estimation or measurements for the previous year and
emissions estimation or meausrements for the current year of data
collection.
G. Data reporting requirements. In addition to the information required by 40
CFR 98.3(c), the owner or operator of each natural gas processing shall include
in each annual report the following information for each acid gas removal
unit:
(1) total volume of natural gas flow into the acid gas removal
unit;
(2) total volume of natural gas flow out of the acid gas removal
unit;
(3) volume weighted CO2 content of natural gas into the acid gas
removal unit; and
(4) minimum, maximum and average throughput for the acid gas removal
unit.
H. Records to be retained. In addition to the information required by 40
CFR 98.3(g), the owner or operator shall retain the following records:
(1) dates on which measurements were conducted;
(2) results of all emissions detected and measurements;
(3) calibration reports for detection and measurement instruments
used; and
(4) inputs and outputs of calculations or emissions computer model runs used
for engineering estimation of emissions.
[20.2.300.107 NMAC -
N, 01/01/11]
HISTORY OF 20.2.300 NMAC: [RESERVED]
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