Wednesday, September 7, 2011
New Mexico Environment Department REVISING New Haul Road Policy
On September 2, 2011, we posted information regarding the New Mexico Environment Department’s (“Department”) new haul road policy requiring all haul road emission calculations to be based on unpaved road emission factors. As mentioned in the previous posting, the Department’s new policy was apparently based on an Order issued by the Environmental Improvement Board on December 29, 2010, upholding the Department’s denial of Helena Chemical Company’s Notice of Intent (“NOI”) application. Since that posting, however, the Department has removed the new policy from their website and according to the Department, is currently revising its policy to comport with EPA’s January 2011 changes to AP 42 Section 13.2.1 governing paved haul roads - changes made subsequent to the Helena decision. Based on the EPA changes, the revised policy will most likely reflect allowance of the use of AP 42 paved emission factors for paved haul road calculations under certain defined criteria.
AP 42 Section 13.2.1 with the 2011 changes can be found here: http://www.epa.gov/ttn/chief/ap42/ch13/final/c13s0201.pdf
The Department intends to post its new policy under its Frequently Asked Questions page as soon as it is approved.