No later than the end of the first two years of operation, the owner or operator of a modified smelter shall submit to the Department the results of an evaluation of the fugitive sulfur dioxide emissions from the smelter. The evaluation shall contain the following information:

1. A. A measurement or accurate estimate of captured and uncaptured fugitive emissions from the smelter. The measurement or estimate shall contain the amount of both short-term and long-term fugitive emissions from the smelter. The evaluation plan shall be approved in advance by the Department and shall specify the method used to determine the fugitive emission amounts;
2. B. A measurement or accurate estimate of the relative proportion (expressed as a percentage) of captured and uncaptured fugitive emissions produced by the following smelter processes: Roaster or dryer operation; Calcine or dried concentrate transfer; Furnace operations (including feeding, slag return, matte and slag tapping); Matte transfer; and Converter operations. The measurement technique or method of estimation used to fulfill this requirement shall be approved in advance by the Department;

3. C. the results of a one year fugitive emission impact analysis. The study shall utilize sufficient measurements of fugitive emissions, meteorological conditions and ambient sulfur dioxide concentrations to associate fugitive emissions with specific measured ambient concentrations of sulfur dioxide. The study shall describe in detail the techniques used to make the required determinations. It shall include an analysis of the feasibility of using sulfur balance figures for the above determinations. The design of the study shall be submitted within 60 days of the startup of the modified smelter for approval by the Department.

   [11/30/95; 20.2.41.115 NMAC - Rn, 20 NMAC 2.41.115 10/31/02]