B. The department shall certify an existing natural gas processing plant as a "declining emission natural gas processing plant" and include in the certification a "sulfur release schedule" setting forth the maximum amounts of sulfur that may be released in plant processes in quarterly increments through January 1, 1980, if all of the following are met:

(1) the sulfur released in plant processes in the plant will decrease to the extent that by January 1, 1980, less than 7.5 tons of sulfur per day will be released in plant processes;

(2) the decrease in the amount of sulfur released in plant processes will be a continuous decrease due to reduction in the amount of sour feedstock into the plant;

(3) the owner or operator of the plant has furnished a schedule to the Department detailing the projected decreases in sour feedstock that will result in the continuous decrease of sulfur released in plant processes to less than 7.5 tons by 1980;

(4) the owner or operator of the plant has stated his intention to follow the submitted schedule setting forth the projected decreases in sour feedstock to the plant;

(5) the plant does not have a sulfur recovery plant;

(6) the owner or operator of the plant has furnished to the Department all of the information requested in Subsection N [20.2.35.113 NMAC] and has certified the accuracy and completeness of the information furnished;

(7) the Department has reviewed the application and all of the information submitted in support thereof, solicited and reviewed comments of the Oil Conservation Commission, and reviewed all comments received in writing from interested persons; and

(8) the Department has determined, after considering the information specified in the above paragraphs and such other information as it may wish to consider, that the processing of sour feedstock by the plant will decrease according to the "sulfur release schedule" resulting in a continuous decrease of sulfur in plant processes to less than 7.5 tons per day by January 1, 1980.

C. Application to the Department for certification as a "declining emission natural gas processing plant" must be filed with the Department no later than January 1, 1975, and contain the following:

(1) the applicant's name and address;

(2) date of the application;

(3) description of the facility for which the certification is sought;

(4) detailed description, including sulfur content, of the feedstock into the plant and its sources at the time of application, for the preceding two years and projected through 1985;

(5) the amount of sulfur released in plant processes, specifying each process and the amount of sulfur released in each process at the time of application, for the preceding two years and projected through 1985;

(6) the amount of sulfur leaving the plant at the time of application, for the preceding two years and projected through 1985;

(7) such additional information as the Department, after conferring with the Oil Conservation Commission, may require relating to reservoir data;

(8) a "sulfur release schedule" setting forth the amounts of sulfur expected to be released in plant processes in quarterly increments through January 1, 1980; and

(9) such additional information as the Department may require.

F. The owner or operator of a "declining emission natural gas processing plant" shall submit to the Department quarterly reports for the periods January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31 of each year, each report to be received by the Department within 45 days of the end of the quarterly period:

(1) The amount of gas received into the plant for the three month period including the average sulfur content of the gas determined no less frequently than three times per week and no more frequently than once every twenty-four hours and the total amount of sulfur received into plant processes in the three month period;

(2) the sulfur content of all fuel burned in the plant and the amount of each type of fuel burned determined no less frequently than weekly;

(3) the amount and sulfur content of the products produced by the plant determined no less frequently than weekly;

(4) the amount of sulfur released in plant processes, specifying each process and the amount of sulfur released in each;

(5) the quantity of sulfur disposed of and the method of disposal determined no less frequently than weekly;

(6) such information as the Department, after consulting with the Oil Conservation Commission, may require relating to new wells or re-worked wells from which the plant receives feedstock; and

(7) such additional information as the Department may require, including but not limited to new recovery techniques being used in the field.

(8) If it appears necessary, the Department may require reports on a more frequent basis, but no more frequently than monthly.

I. The owner or operator of a natural gas processing plant whose certification as a "declining emission natural gas processing plant" has been revoked may appeal to the Environmental Improvement Board the Department's determination that the "declining emission natural gas processing plant" exceeded by more than one thousand pounds for two consecutive quarterly periods the amount of sulfur to be released in plant processes as set forth in the "sulfur release schedule" contained in the "declining emission natural gas processing plant" certification. A petition for review of the Department's determination must be filed with the board within twenty days of receipt of the certified notice of revocation.

[11/30/95; 20.2.35.113 NMAC - Rn, 20 NMAC 2.35.113 10/31/02]