Following are summaries of proposed new air quality regulations and proposed amendments to existing regulations and the New Mexico State Implementation Plan. For updates, please periodically check back at this webpage. For information on new policies and procedures for air quality permitting, please go to the What's New in Permitting page.
Municipal Solid Waste Landfills – New Source Performance Standards and Emission Guidelines
In July 2016, EPA issued revised standards for both new and existing municipal solid waste landfills (MSWLs). The New Source Performance Standards at 40 CFR 60 Subpart XXX apply to landfills constructed or modified after July 17, 2014. The Emission Guidelines at 40 CFR 60 Subpart Cf apply to landfills constructed or modified on or prior to this date. Both of these federal rules aim to reduce landfill gas emissions and will be incorporated by reference into the New Mexico Administrative Code (NMAC).
Subpart Cf, promulgated under Section 111(d) of the Clean Air Act, requires that states, tribes and local authorities with jurisdiction over existing landfills develop a plan to implement the emission guidelines. One aspect of that state plan, for New Mexico, will be the amendment of 20.2.64 NMAC – Municipal Solid Waste Landfills. Both the state plan and the revised rule will require approval by the Environmental Improvement Board at a public hearing next spring.
For summary information on the new emission guidelines, download the NMED Subpart Cf factsheet. If you have further questions regarding the emission guidelines or the State Plan development, contact Cindy Hollenberg, firstname.lastname@example.org or (505) 476-4356.
Proposed Repeal of 20.2.20 NMAC – Lime Manufacturing Plants.
The Improving Environmental Permitting Initial Report identified 20.2.20 NMAC – Lime Manufacturing Plants – Particulate Matter (Part 20) as one of several rules that should be reviewed for potential revision or repeal. Part 20 establishes particulate matter (PM) emissions limits for lime manufacturing plants and lime hydrators. This rule is part of the New Mexico State Implementation Plan (SIP) for air quality. Part 20 differs from federal rules that regulate lime manufacturing (40 CFR 60, Subpart HH, Standards of Performance for Lime Manufacturing Plants (NSPS Subpart HH) and 40 CFR 63, Subpart AAAAA, National Emissions Standards for Hazardous Air Pollutants for Lime Manufacturing Plants (NESHAP Subpart AAAAA)) as follows:
(1) the Part 20 PM emission limit for lime kilns that are subject to NSPS Subpart HH but not NESHAP Subpart AAAAA is one-half that of the revised New Source Performance Standards (NSPS);
(2) the Part 20 opacity limit is more stringent than that required by NSPS Subpart HH; and
(3) Part 20 regulates PM emissions from lime hydrators, about which federal rules are silent. Currently, there are no facilities in New Mexico subject to either NSPS Subpart HH or NESHAP Subpart AAAAA.
NMED intends to propose to the Environmental Improvement Board (EIB) that this rule be repealed. A repeal of Part 20 would eliminate the 0.15 pound per ton of lime feed PM emissions limit for lime hydrators. Affected facilities would only be required to comply with the applicable portions of NSPS Subpart HH and NESHAP Subpart AAAAA.
Because Part 20 is part of the NM SIP, NMED would be required to demonstrate to the Environmental Protection Agency (EPA) that the proposed repeal will not negatively affect the attainment or maintenance of any National Ambient Air Quality Standard (NAAQS), as required by Section 110(l) of the Clean Air Act (CAA). The 110(l) demonstration would provide that:
- There are no lime manufacturing sources in New Mexico subject to NSPS Subpart HH or NESHAP Subpart AAAAA that would be affected by the repeal of Part 20.
- The only source currently subject to Part 20 is Lhoist North America’s (a/k/a Chemical Lime Co.) lime hydrator, located in Belen, NM. The most recent dispersion modeling analysis conducted for this facility demonstrates that the facility will not cause a violation of the NAAQS, as permitted and constructed.
- This source’s potential to emit PM is based on a permit limit, which is federally enforceable via SIP-approved 20.2.72 NMAC, Construction Permits (Part 72). If Part 20 were repealed, an NSR permit would still be required for the Lhoist facility. Should Lhoist apply for a permit revision, Part 72 would still require the applicant to show compliance with the NAAQS. Therefore, the facility would not interfere with attainment or maintenance of the NAAQS.
The proposed repealed rule may be downloaded from the link below.
Please contact Neal Butt at (505) 476-4317 or email@example.com if you have questions or comments concerning the proposed repeal.
SO2 Data Requirements Rule - Implementation of the 2010 1-hour Sulfur Dioxide Primary National Ambient Air Quality Standard
The U.S. EPA requires each State to supply information regarding sources which emit greater than 2,000 tons per year of sulfur dioxide in order to determine compliance with the 2010 1-hour primary standard. The schedule of required information includes:
- January 15, 2016 - List of sources states include for applicability to the Data Requirements Rule
- July 1, 2016 - Selection of approach (modeling or monitoring) for determining whether the source does or does not violate the standard
- January 1, 2017 - Installation of monitors (if monitoring is the approach chosen)
- January 13, 2017 - Modeling analyses (if modeling of either actual or allowable emissions is chosen)
Although some areas have already been designated for attainment/nonattainment of the standard, many areas of the country remain unclassifiable. By summer of 2020, EPA expects to have enough data to designate the remaining areas. States with areas not attaining the standard will then have two years to complete attainment plans.
For questions related to the Data Requirements Rule, please contact Cindy Hollenberg at firstname.lastname@example.org or at (505) 476-4356.