New General Condition for Excess Emission Reporting

Recently, the New Mexico Environment Department (NMED) added a new General Condition to the regular and streamline New Source Review (NSR) and Title V permits. Prior to this change, reporting for excess emissions resulting from regulated sources with no numerical emission limits was not addressed in a facility's permit conditions. However, with this update to the General Conditions, the allowable emission limits are 1.0 pph and 1.0 tpy for each regulated air pollutant (except H2S) for the below excess emission events. In addition, for facilities required to report H2S for the below events, the allowable limits are 0.1 pph and 0.44 tpy.

  • Emissions events for when there are no limits for the emission unit in Sections A106 and/or A107;
  • Emissions events for when the limits in Sections A106 and/or A107 are represented by the less than sign ("<"), and;
  • Emissions events for emission units that typically do not emit any regulated air pollutants, such as vents and pressure relief devices.

In addition, the updated condition specifically addresses excess emission events for flares with no allowable pound per hour (pph) and/or ton per year (tpy) emission limits. In such a situation, a facility can demonstrate compliance by restricting the flare's gas stream to only pilot and/or purge gas.

The revised permit templates, which have incorporated the new general conditions, can be found here at the locations listed below:

  • Regular NSR Permit Template:  Condition B110F
  • Streamline NSR Template:  Condition B106E
  • Title V Permit Template:  Condition B110E

For assistance in determining how the new general condition may affect your facility, contact Sandunie Liyanagamage in the Albuquerque office by calling (505) 266-6611, or the Trinity office nearest you by calling (800) 229-6655.