N.M. Code R. § 20.2.50.122 – Pneumatic Controllers and Pumps

A. Applicability: Natural gas-driven pneumatic controllers and pumps located at well sites, tank batteries, gathering and boosting stations, natural gas processing plants, and transmission compressor stations are subject to the requirements of 20.2.50.122 NMAC.
B. Emission standards:
1. (1) A new natural gas-driven pneumatic controller or pump shall comply with the requirements of 20.2.50.122 NMAC upon startup.
(2) An existing natural gas-driven pneumatic pump shall comply with the requirements of 20.2.50.122 NMAC within three years of the effective date of this Part.
1. (3) An owner or operator shall ensure that its existing natural gas-driven pneumatic controllers comply with the requirements of 20.2.50.122 NMAC according to the following schedule:
  Table 1 – WELL SITES, STANDALONE TANK BATTERIES, GATHERING AND BOOSTING STATIONS
  Total Historic Percentage of Non-Emitting Controllers Total Required Percentage of Non-Emitting Controllers by January 1, 2024 Total Required Percentage of Non-Emitting Controllers by January 1, 2027 Total Required Percentage of Non-Emitting Controllers by January 1, 2030 > 75% 80% 85% 90% > 60-75% 80% 85% 90% > 40-60% 65% 70% 80% > 20-40% 45% 70% 80% 0-20% 25% 65% 80%
  Total Historic Percentage of Non-Emitting Controllers
  Total Required Percentage of Non-Emitting Controllers by January 1, 2024
  Total Required Percentage of Non-Emitting Controllers by January 1, 2027
  Total Required Percentage of Non-Emitting Controllers by January 1, 2030
  > 75%
  80%
  85%
  90%
  > 60-75%
  80%
  85%
  90%
  > 40-60%
  65%
  70%
  80%
  > 20-40%
  45%
  70%
  80%
  0-20%
  25%
  65%
  80%
  Table 2 – TRANSMISSION COMPRESSOR STATIONS AND GAS PROCESSING PLANTS
  Total Historic Percentage of Non-Emitting Controllers Total Required Percentage of Non-Emitting Controllers by January 1, 2024 Total Required Percentage of Non-Emitting Controllers by January 1, 2027 Total Required Percentage of Non-Emitting Controllers by January 1, 2030 > 75% 80% 95% 98% > 60-75% 80% 95% 98% > 40-60% 65% 95% 98% > 20-40% 50% 95% 98% 0-20% 35% 95% 98%
  Total Historic Percentage of Non-Emitting Controllers
  Total Required Percentage of Non-Emitting Controllers by January 1, 2024
  Total Required Percentage of Non-Emitting Controllers by January 1, 2027
  Total Required Percentage of Non-Emitting Controllers by January 1, 2030
  > 75%
  80%
  95%
  98%
  > 60-75%
  80%
  95%
  98%
  > 40-60%
  65%
  95%
  98%
  > 20-40%
  50%
  95%
  98%
  0-20%
  35%
  95%
  98%
2. (4) Standards for natural gas-driven pneumatic controllers:
  1. (a) new pneumatic controllers shall have an emission rate of zero. A natural gas driven pneumatic controller replacing an existing natural gas driven pneumatic controller at an existing facility is an existing pneumatic controller for purposes of Section 20.2.50.122 NMAC.
  2. (b) owners and operators of existing pneumatic controllers shall meet the required percentage of non-emitting controllers within the deadlines in tables 1 and 2 of Paragraph (3) of Subsection B of 20.2.50.122 NMAC, and shall comply with the following:
    1. (i) by July 1, 2023, the owner or operator shall determine the total controller count for all controllers subject to each table separately at all of the owner or operator’s affected facilities that commenced construction before the effective date of this Part. The total controller count for each table must include all emitting pneumatic controllers and all non-emitting pneumatic controllers, except that pneumatic controllers necessary for a safety or process purpose that cannot otherwise be met without emitting natural gas shall not be included in the total controller count. This final number is the total historic controller count. Controllers identified as required for a safety or process purpose after July 1, 2023, shall not affect the total historic controller count.
    2. (ii) determine which controllers in the total controller count for each table are non-emitting and sum the total number of non-emitting controllers and designate those as total historic non-emitting controllers.
    3. (iii) determine the total historic non-emitting percent of controllers for each table by dividing the total historic non-emitting controller count by the total historic controller count and multiplying by 100.
    4. (iv) based on the percent calculated in (iii) above for each table, the owner or operator shall determine which provisions of tables 1 and 2 of Paragraph (3) of Subsection B of 20.2.50.122 NMAC apply and the replacement schedule the owner or operator must meet.
    5. (v) if an owner or operator meets at least seventy-five percent total non-emitting controllers using the calculation methodology in Subparagraph (b) of Paragraph (4) of Subsection B of 20.2.50.122 NMAC by January 1, 2025, for either or both table 1 or table 2, the owner or operator is not thereafter subject to the requirements of tables 1 and/or 2 of Paragraph (3) of Subsection B of 20.2.50.122 NMAC.
(vi) if after January 1, 2027, an owner or operator’s remaining pneumatic controllers are not cost-effective to retrofit, the owner or operator may submit a cost analysis of retrofitting those remaining units to the department. The department shall review the cost analysis and determine whether those units qualify for a waiver from meeting additional retrofit requirements.
1. (c) owners and operators of existing natural gas driven pneumatic controllers shall demonstrate compliance with tables 1 and 2 of Paragraph (3) of Subsection B of 20.2.50.122 NMAC, on January 1, 2024, January 1, 2027, and January 1, 2030, as follows:
  1. (i) determine which controllers are emitting (excluding pneumatic controllers necessary for safety or process reasons pursuant to Subparagraph (d) of Paragraph (4) of Subsection B of 20.2.50.122 NMAC) and sum the total number of emitting controllers for table 1 and table 2 facilities separately.
  2. (ii) determine the percentage of non-emitting controllers by using the following equation for table 1 and table 2 facilities separately:
    Total Percentage of Non-Emitting Controllers =
    100 – ((total emitting controllers / total historic controller count) x 100)
  3. (iii) compliance is demonstrated if the Total Percentage of Non-Emitting Controllers calculated pursuant to Subparagraph (c) of Paragraph (4) of Subsection B of 20.2.50.122 NMAC is less than or equal to the value for that year in the Total Historic Percentage of Non-Emitting Controllers row (as calculated pursuant to Subparagraph (b)(i)-(iv) of Paragraph (4) of Subsection B of 20.2.50.122 NMAC) in table 1 or table 2, as applicable, of Paragraph (3) of Subsection B of 20.2.50.122 NMAC.
2. (d) No later than January 1, 2024, a pneumatic controller with a bleed rate greater than six standard cubic feet per hour is permitted when the owner or operator has demonstrated that a higher bleed rate is required based on functional needs, including response time, safety, and positive actuation. An owner or operator that seeks to maintain operation of an emitting pneumatic controller as excepted for process or safety reasons under Subparagraph (a)(i) of Paragraph (4) of Subsection B of 20.2.50.122 NMAC must prepare and document the justification for the safety or process purpose prior to the installation of a new emitting controller or the retrofit of an existing controller. The justification shall be certified by a qualified professional or inhouse engineer.
3. (e) Temporary pneumatic controllers that emit natural gas and are used for well abandonment activities or used prior to or through the end of flowback, and pneumatic controllers used as emergency shutdown devices located at a well site, are not subject to the requirements of Subsection B of 20.2.50.122 NMAC.
4. (f) Temporary or portable pneumatic controllers that emit natural gas and are on-site for less than 90 days are not subject to the requirements of Subsection B of 20.2.50.122 NMAC.
5. (5) Standards for natural gas-driven pneumatic diaphragm pumps:
  1. (a) new pneumatic diaphragm pumps located at natural gas processing plants shall have an emission rate of zero.
  2. (b) new pneumatic diaphragm pumps located at well sites, tank batteries, gathering and boosting stations, or transmission compressor stations with access to commercial line electrical power shall have an emission rate of zero.
  3. (c) existing pneumatic diaphragm pumps located at well sites, tank batteries, gathering and boosting stations, natural gas processing plants, or transmission compressor stations with access to commercial line electrical power shall have an emission rate of zero within two years of the effective date of this Part.
  4. (d) owners and operators of pneumatic diaphragm pumps located at well sites, tank batteries, gathering and boosting stations, or transmission compressor stations without access to commercial line electrical power shall reduce VOC emissions from the pneumatic diaphragm pumps by ninety-five percent if it is technically feasible to route emissions to a control device, fuel cell, or process. If there is a control device available onsite but it is unable to achieve a ninety-five percent emission reduction, and it is not technically feasible to route the pneumatic diaphragm pump emissions to a fuel cell or process, the owner or operator shall route the pneumatic diaphragm pump emissions to the control device within two years of the effective date of this Part.
C. Monitoring requirements:
1. (1) Pneumatic controllers or diaphragm pumps not using natural gas or other hydrocarbon gas as a motive force are not subject to the monitoring requirements in Subsection C of 20.2.50.122 NMAC.
2. (2) No later than January 1, 2023, the owner or operator of a facility with one or more natural gas-driven pneumatic controllers subject to the deadlines set forth in tables 1 and 2 of Paragraph (3) of Subsection B of 20.2.50.122 NMAC shall monitor the compliance status of each subject pneumatic controller at each facility.
3. (3) The owner or operator of a natural gas-driven pneumatic controller shall, on a monthly basis, conduct an AVO or OGI inspection, and shall also inspect the pneumatic controller, perform necessary maintenance (such as cleaning, tuning, and repairing a leaking gasket, tubing fitting and seal; tuning to operate over a broader range of proportional band; eliminating an unnecessary valve positioner), and maintain the pneumatic controller according to manufacturer specifications to ensure that the VOC emissions are minimized.
4. (4) Within two years of the effective date of this Part, the owner or operator’s data systems shall contain the following for each in-service natural gas-driven pneumatic controller:
  1. (a) natural gas-driven pneumatic controller unique identification number;
  2. (b) type of controller (continuous or intermittent);
  3. (c) if continuous, design continuous bleed rate in standard cubic feet per hour;
  4. (d) if intermittent, bleed volume per intermittent bleed in standard cubic feet; and
  5. (e) if continuous, design annual bleed rate in standard cubic feet per year.
5. (5) Upon the effective date specified for the facility in 20.2.50.116 NMAC, the owner or operator of a natural gas-driven pneumatic diaphragm pump shall, on a monthly basis, conduct an AVO or OGI inspection and shall also inspect the pneumatic pump and perform necessary maintenance, and maintain the pneumatic pump according to manufacturer specifications to ensure that the VOC emissions are minimized.
6. (6) The owner or operator of a natural gas-driven pneumatic controller shall comply with the requirements in Paragraph (3) of Subsection C or Subsection D of 20.2.50.116 NMAC applicable to the facility type at which the pneumatic controller is installed on the effective date specified in 20.2.50.116 NMAC. During instrument inspections, operators shall use RM 21, OGI, or alternative instruments used under Subsection D of 20.2.50.116 NMAC to verify that intermittent controllers are not emitting when not actuating. Any intermittent controller emitting when not actuating shall be repaired consistent with Subsection E of 20.2.50.116 NMAC.
7. (7) Prior to any monitoring event, the owner or operator shall date and time stamp the event, and the monitoring data entry shall be made in accordance with the requirements of this Part.
8. (8) The owner or operator shall comply with the monitoring requirements in 20.2.50.112 NMAC.
D. Recordkeeping requirements:
1. (1) Non-emitting pneumatic controllers and diaphragm pumps are not subject to the recordkeeping requirements in Subsection D of 20.2.50.122 NMAC.
2. (2) The owner or operator shall maintain a record of the total controller count for all controllers at all of the owner or operator’s affected facilities that commenced operation before the effective date of this Part. The total controller count must include all emitting and non-emitting pneumatic controllers.
3. (3) The owner or operator shall maintain a record of the total count of natural gas-driven pneumatic controllers necessary for a safety or process purpose that cannot otherwise be met without emitting VOC.
4. (4) The owner or operator of a natural gas-driven pneumatic controller subject to the requirements in tables 1 and 2 of Paragraph (3) of Subsection B of 20.2.50.122 NMAC shall generate a schedule for meeting the compliance deadlines for each pneumatic controller. The owner or operator shall keep a record of the compliance status of each subject controller. On or before January 1, 2024, January 1, 2027 and January 1, 2030, the owner or operator shall make and retain the compliance demonstration set forth in Subparagraph (c) of Paragraph (4) of Subsection B of 20.2.50.122 NMAC.
5. (5) The owner or operator shall maintain an electronic record for each natural gas-driven pneumatic controller. The record shall include the following:
  1. (a) pneumatic controller unique identification number;
  2. (b) time and date stamp, including GPS of the location, of any monitoring;
(c) name of the person(s) conducting the inspection;
1. (d) AVO or OGI inspection result;
2. (e) AVO or OGI level discrepancy in continuous or intermittent bleed rate;
3. (f) record of the controller type, bleed rate, or bleed volume required in Subparagraphs (b), (c), (d), and (e) of Paragraph (4) of Subsection C of 20.2.50.122 NMAC.
4. (g) maintenance date and maintenance activity; and
5. (h) a record of the justification and certification required in Subparagraph (c) of Paragraph (4) of Subsection B of 20.2.50.122 NMAC.
6. (6) The owner or operator of a natural gas-driven pneumatic controller with a bleed rate greater than six standard cubic feet per hour shall maintain a record documenting why a bleed rate greater than six scf/hr is necessary, as required in Subsection B of 20.2.50.122 NMAC. This demonstration shall be completed by July 1, 2023 for controllers with a bleed rate greater than six scf/hr and as necessary for controllers with a bleed rate less than or equal to six scf/hr.
7. (7) The owner or operator shall maintain a record for a natural gas-driven pneumatic pump with an emission rate greater than zero and the associated pump number at the facility. The record shall include:
  1. (a) for a natural gas-driven pneumatic diaphragm pump in operation less than 90 days per calendar year, a record for each day of operation during the calendar year.
  2. (b) a record of any control device designed to achieve at least ninety-five percent emission reduction, including an evaluation or manufacturer specifications indicating the percentage reduction the control device is designed to achieve.
  3. (c) records of the engineering assessment and certification by a qualified professional or inhouse engineer that routing pneumatic pump emissions to a control device, fuel cell, or process is technically infeasible.
8. (8) The owner or operator shall comply with the recordkeeping requirements in 20.2.50.112 NMAC.
E. Reporting requirements: The owner or operator shall comply with the reporting requirements in 20.2.50.112 NMAC.

[20.2.50.122 NMAC - N, 08/05/2022]