# New Mexico State Amendments to Part 72 (20.2.72 NMAC), Construction Permits, submitted to EPA May 29, 1998. This document contains only the cover letter

and the amendments to New Mexico State Part 72 (20.2.72 NMAC), Construction Permits, adopted by the New Mexico State Environment Department effective January 7, 1998, February 8, 1998, and April 22, 1998, and submitted to EPA May 29, 1998.

# - Mr. Gregg A. Cooke Regional Administrator (6-A) May 29, 1998

U.S. Environmental Protection Agency, Region 6 1445 Ross Avenue, Suite 2000 Dallas, Texas 75202-2733 Dear Mr. Cooke: L
..

I am pleased to submit to the U.S. Environmental Protection Agency (US EPA) the revised 20 NMAC 2.72- Construction Permits. The first set ofproposedrevisions to 20 NMAC 2.72 went to hearing before the Environmental hnprovement Board (EIB) on October 17, 1997. These revisions involved changes to Sections: 202, "Exemptions"; 203, "Contents ofApplications"; 206, "Public Notice and Participation"; 207, "Permit Decisions and Appeals"; and the addition ofa new Section 219, "PermitRevisions". TheNew Mexico Environment Department (NMED) again went to hearing for proposed revisions to 20 NMAC 2.72 onMarch 20, 1998. The regulation was revised to allow NMED to develop and issue general construction permits through the addition ofa new Section 220. Section 104 was modified to simply reflect the procedure by which revisions are noted within the regulation. This package contains all the additional elements required by the US EPA for this State Implementation Plan (SIP) submittal. A list ofthese elements is attached. The State ofNewMexico looks forward to your approval ofour changes to this regulation and our continued success inhelping to preserve and protectNew Mexico's air quality. Ifthere are any

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# - Mr. Cooke May 29, 1998 Page 2 questions concerning this submittal, please contact Cecilia Williams, Chief, Air Quality Bureau of NMED at (505) 827-0042.

GEJ/EAF(AQB) Enclosures Sincerely,
Gary E. Johnson Governor ofNew Mexico

cc: MarkE. Weidler, Secretary, Environment Department Peter Maggiore, Director, Environmental Protection Division

# .-

. 

# - Attachments: Elements contained within this SIP submittal 

### October 17.1997 EIB 

### Hearing on 20 NMAC 2.72 1. New Mexico State Records CenterNMAC Transmittal Forms and regulatory changes as filed with the Records Center for 20 NMAC 2.72 on 

### December 8,1997 and 

### January 9, 1998. (Note: two filing dates were necessary because EIB delayed action on Section 202.C until their January meeting) 2. Notice ofpublic hearing for 

### October 17,1997, for proposed 20 NMAC 2.72. 3. Copies ofaffidavits ofpublication from the New Mexico Register and the Albuquerque Journal (newspaper). 4. Notices ofintent (NOI) to testify for proposed 20 NMAC 2.72 at the EIB hearing on October 17, 1997 from: 1. NMED (includes attached written testimony and exhibits) n. the New Mexico Environmental Law Center iii. the New Mexico Oil and Gas Association (includes correction to NOI). 

### 5 . Post Hearing Comments submitted by: 1. NMED n. the New Mexico Environmental Law Center m. the New Mexico Oil and Gas Association. 6. Letters from: 1. NMED to EIB (dated 1/9/98) u. NMED to Lynda Taylor (dated 10/8/97) m. NMED to Dave Searle (dated 10/30/97) IV. Phelps Dodge to EIB (dated 10/15/97) (not read into the hearing record) v. NMED to EPA (dated 9/2/97) VI. EPA to NMED (dated 10/1/97). 7. Copy ofthe official transcript ofthe OctoberEIB hearing to considerproposed 20 NMAC 2.70, 2.72, 2.77 and 2.78. (Please note that the Notice ofpublic hearing and the NOis also mention proposedrevisions to 20 NMAC 2.70, 2.77 and 2.78. These revisions were adopted by the EIB on October 17 and were previously submitted as a package to EPA on November 3, 1997.)


### March 20. 1998 EIB 

### Hearing on 20 NMAC 2.72 1. New Mexico State Records CenterNMAC Transmittal Form and regulatory changes as flied with the Records Center for 20 NMAC 2.72 on

### March 23,1998.

# -· 2. 

### Notice ofpublic hearing for March 20, 1998, 

### for proposed 20 

### NMAC 2.72. 

### 3. Copies ofaffidavits ofpublication from the New Mexico Register and the Albuquerque Journal (newspaper). 4. Notices ofintent (NOI) to testify for proposed 20 

### NMAC 2.72 

### on March 20, 1998, 

### from: 1. 

### NMED (includes testimony and exhibits 1-3) 11. 

### the New Mexico Oil and Gas Association. 5. Letters from: 1. NMED to EIB to withdraw from consideration proposed revisions to 20 

### NMAC 2.75 

### (dated 2118/98) 11. 

### NMED to EPA, consisting ofthe draftproposed revisions (dated 1122/98) 

### m. EPA to NMED, comments onrevisions (dated 2/27 /98) 

### 1v. NMED to EPA, response to comments (dated (3110/98). 

### 6. Copy ofthe officialtranscript ofthe March EIB hearing to considerproposed 20 

### NMAC 2.72 

### and 2.75 

### (withdrawn). 7. 

### Amended and complete regulation 20

### NMAC 2.72- 

### Construction Permits, effective April 22, 1998.

2 •

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## . ... NMAC TRANSMITTAL FORM 1 NMAC 3.3.10.22 . [Sequence No. 1. Agency Name & Mailing·Address I 2. Agency Account Code ENVIRONMENTAL IMPROVEMENT BOARD 667 P.O. BOX 26110/1190 ST. FRANCIS DRIVE SANTA FE, NM 87502 3. Type of Rule Action New


# -- Emergency
__ Amending X Repealing 4. NMAC TIUe Name I NMAC TIUe Number ENVIRONMENTAL PROTECTION 20
5. NMAC Chapter Name 

### I NMAC Chapter Number

. - AIR QUALITY (STATEWIDE) 2
6. NMAC Part Name 

### J NMAC Part Number CONSTRUCTION PERMITS 72
7. Modified NMAC Name 

### I Modified NMAC Number 2.72 CONSTRUCTION PERMITS ' Filing Date (ifapplicable) '• 10/30/95
8. Are there any materials Incorporated J:Jy_reference?
Ne
... lL Yes Please listaHaehments: 1.


## - 2. 3.
9. Ifmaterials are attached, have copyright pannlsslons been received? No 

# I Yes 

# I Public domain
··-. 10. Total NumberofPages:
__ 11. HearlngOateofRule:
...**l~** ... J
... ll

...

J...H_ 12. Effectiva Date ofRule: 

### ....1..J 7 I 

### tf'lf

# ~~-~- Phone Number: PHIL WARDWELL 82? 1047

14. Signature & Title of Issuing AulhorftY Name: JJ:MJ: GADZIA TIDe: CHAIR

SRG-115-04 J

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### ":"·6 i ..•• 202. 

### EXEMPTIONS: The following exemptions are made to the following requirements ofSubpart II ofthis Part. The exemptions in this Section do not apply to emissions oftoxic air pollutants listed under Section 502 ofthis Part, do not alter the calculation ofthepotential emissions oftoxic air pollutants for applicability under Section 402 ofthis Part, and do not exempt the Department orthe owner or operator ofany source from any requirement under Sections 403, 404, or 405 ofthis Part. [1-7-98] A. The following sources and activities shall not be reported in the permit application. Emissions from such activities shall not be included in the calculation offacilitywide potential emission rate under Sections 200.A.1 or 200.A.2. Such activities may be commenced or changed without a permit or permit revision under this Subpart: 1. Activities which occur strictly for maintenance ofgrounds or buildings, including: lawn care, pest control, grinding, cutting, welding, painting, woodworking, sweeping, general repairs,janitorial activities, and building roofing**operations~** 2. Activities for maintenance ofequipment or pollution control equipment, either inside or outside ofa building, including cutting, welding, and grinding, but excluding**painting~** 3. Exhaust emissions from forklifts, courier vehicles, front end loaders, graders, carts, maintenance trucks, and fugitive emissions from fleet vehicle refueling operations, provided such emissions are not subject to any requirements under this Chapter (Air Quality), NSPS orNESHAP; 4. Use offire fighting equipment and fire fighting training; 5. Government military activities such as field exercises, explosions, weapons testing and demolition to the extent that such activities:
a. Do not result in visible emissions entering publicly accessible**~eas;** and b. Are not subject to a NSPS orNESHAP; 6. Office activities, such as photocopying; 7. Test drilling for characterization ofunderground storage tank and waste disposal**sites~** 8. Non-anthropogenic wind blown dust;
20NMAC2.72**,~.** --- .**,~** ,.. ..

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### 6 ,_J f";i 9. Residential activities such as use offireplaces, woodstoves, and barbecue cookers; 10. Gases used to calibrate plantinstrumentation, including continuous emission monitoring (CEM) systems; 11. Food service, such as cafeteria activities; 12. Automotive repair shop activities, except painting and use ofsolvents; 13. Use ofportable aerospace ground equipment (such as power generators, compressors, heaters, air conditioners, lighting units) in direct support ofaircraft operations and on or in the immediate vicinity ofan airfield; 14. Activities which occur strictly for preventive maintenance ofhighway bridges, displays 

### and watertowers, including: grinding, cutting, welding, painting, and general repairs; 15. The act ofrepositioning or relocating equipment, pipes, ductwork, or conveyors within the plant site, but only when such change in physical configuration does not:
a. Reposition or relocate any source ofair emissions or the emission points from any such source; or b. such emissions. [1-7-98] Increase the amount ofair emissions or the ambient impacts of
B. The presence ofthe following new ormodified sources and activities at the facility shall be reported as provided for in the permit application forms supplied by the Department. Emissions from such sources and activities shall not be included in the calculation offacility-wide potential emission rate under Sections 200.A.1 or 200.A.2 ofthis Part. Construction ofsuch sources or commencement ofsuch activities after issuance ofthe permit shall be subject to the administrative permit revision procedures in Section 219 ofthis Subpart: 1. Fuel burning equipment which is used solely for heating buildings for personal comfort orfor producing hot water for personal use and which:
a. Uses gaseous fuel and 

### has a design rate less than or equal to five (5) million BTU per hour; or b. Uses distillate oil (not including waste oil) and has a design rate less than or equal to one ( 1) million BTUper hour; 20NMAC 2.72 

# --... · -· ,-··r--. ' • L-f\

2. VOC emissions resulting from the handling or storing ofany VOC if:
a. Such VOC has a vapor pressure ofless than two tenths (0.2) PSI at temperatures at which the compound is stored and handled; and b. The owner oroperator maintains sufficient record keeping to verify that the requirements ofSection 202.B.2.a are met; 3. Standby generators which are:
a. Operated only during the unavoidable loss ofcommercial utility power; b. Operated less than 500 hours per year; and
c. Either are: (1) The only source ofair emissions at the site; or {2) Accompanied by sufficient record keeping to verify that the standby generator is operated less than 500 hours per year; 4. The act ofrepositioning orrelocating sources ofair emissions or emissions points within the plant site, but only when such change in physical configuration does not increase air emissions or the ambient impacts ofsuch emissions; 5. Any emissions unit, operation, or activity that has a potential emission rate ofno more than one-half(lh) ton per year ofany pollutant for which a National orNew Mexico Ambient Air Quality Standard has been set or one-half(lh) ton per year ofany VOC. Multiple emissions units, operations, and activities that perform identical or similar functions shall be combined in determining the applicability ofthis exemption; 6. Surface coating ofequipment, including spray painting, roll coating, and painting with aerosol spray cans, 

### if
a. The potential emission rate ofVOCs do not exceed ten (10) pounds per hour; b. The facility-wide total VOC content ofall coating and clean-up solvent use is less than two {2) tons per year; and
c. The owner or operator maintains sufficient record keeping to 20NMAC 2.72-- --**.~** 

# -· ..**~-~--:** r---"'""' .-.' 

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1.**~** • """' ,-,) • ..-. J verify that the requirements in 202.B.6.a and b above are met; 7. Particulate emissions resulting from abrasive blasting operations, 

### if:
a. Blasting operations are entirely enclosed in a building; and b. No visible particulate emissions are released from the building. 

### [1-7-98] 

### C. [RESERVED] D. Portable Source Relocation. For a portable source which has been issued a permit under this Part: 1. Such source may relocate without undergoing a permit revision 

### if:
a. The source is installed in a manner conforming with the initial permit; b. and permit conditions; and The source**contim:~es** to meet all applicable emission limitations

c. The source meets the applicable requirements in Sections 202.0.2 and 202.D.3 below; 2. For each portable compressor engine which has been issued a streamlined permit in accordance with Section 301.D.l ofthis Part, the owner or operator shall complete the appropriate forms provided by the Department and maintain such records on file for at least two (2) years; 3. For 

### all other portable sources, including but not limited to rock crushers and asphalt plants:
a. The owner or operator shall notify the Department, on the form provided by the Department, at least fifteen (15) days prior to beginning installation at the new location; b. Operation at a new location ofsuch source shall not commence until the Department has approved the relocation in writing;
c. The Department shall not approve the relocation ifit would result in exceedances ofany National or New Mexico Ambient 

### Air Quality Standard at the 20NMAC 2.72 

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new location; and d. The Department shall approve, deny, or approve with conditions, the relocation request within fifteen (15) days ofreceipt ofthe notice form. [11- 30-95; Rn, 20 NMAC 2.72.202.B, 1-7-98; 1-7-98] 203. CONTENTS OF APPLICATIONS: B. In addition to requirements in Section 203.A, each application filed with the Department for a permit ortechnical or significant permit revision shall include documentary proofthat the applicant 

### has provided notice ofthe filing ofthe application to the public and other affected individuals and entities. The notice shall be: 1. ·Provided by certified mail, to the owners ofrecord, as shown in the most recent property tax schedule, ofall properties:
a. Within one hundred (100) feet ofthe property on which the facility is located orproposed to be located, ifthe facility is or is proposed to be located in a Class A or Class H county or a municipality with a population ofmore than two thousand five hundred (2500) persons; or b. Within one-half(Y2) mile ofthe property on which the facility is located or is proposed to be located ifthe facility is or will be in a county or municipality other than those specified in subparagraph 203.B.l.a ofthis subsection; 2. Provided by certified 

### mail to all municipalities and counties in which the facility is orwill be located and to all municipalities, Indian tribes, and counties within a ten (10) mile radius ofthe property onwhich the facility is proposed to be constructed or operated; 3. Published once in a newspaper ofgeneral circulation in each county in which the property onwhich the facility is proposed to be constructed or operated is located. This notice shall appear in either the classified or legal advertisements section ofthe newspaper and at one other place 

### in the newspaper calculated to give the general public the most effective notice and, when appropriate, shall be printed in both English and Spanish; 4. Posted 

### in at least four (4) publicly accessible and conspicuous places, including:
a. The proposed or existing facility entrance onthe property on which the facility is, or is proposed to be, located, until the pennit or significant pennit revision is issued or denied; and 20NMAC2.72. ··- I**~** -**~ ~**  \


### b. Three (3) locations commonly frequented by the general public, such as a nearby post office, public library, or city hall; and 5. Submitted as a public service announcement to at least one radio or television station which serves the municipality or county in which the source is or is proposed to be located. [11-30-95, 1-7-98] C. The notice specified in Section 203.B.1 through 4 shall contain the following: 

### 1. The applicant's name and address, together with the names and addresses ofall 

### owners or operators ofthe facility orproposed facility; 2. The actual or estimated date that the application was orwill be submitted to the Department; 3. The exact location ofthe facility or proposed facility; 4. A description ofthe process or change for which a permit is sought, including an estimate ofthe maximum quantities ofany regulated air contaminant the source will emit after proposed construction is complete or permit is issued; 5. The maximum and standard operating schedules ofthe facility after completion ofproposed construction or permit issuance; and 6. The current address ofthe Department to which comments and inquiries may be directed. [11-30-95, 1-7-98] D. The public service announcement request specified in Section 203.B.5 shall contain the following information about the facility or proposed facility: 1. 

### The name, location, and type ofbusiness; 2. The name ofthe principal owner or operator; 3. The type ofprocess or change for which a permit is sought; 4. Locations where the notices required under Section 203.8.4 have been posted; and 5. The address ortelephone number at which comments and inquires may be directed to the Department. [1-7-98]
20NMAC2.72 

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### '
., I
. .., '

. :0 206. 

### PUBLIC NOTICE AND PARTICIPATION: A. 

### The Department shall: 1. Make available for public inspection a list ofall pending applications for permits or permit revisions; 2. Make available for public inspection the permit application and the Department's preliminary determination. This material shall be available both at the Department's central office and the district or field office nearest to the proposed source. Copies ofany permit application, except those portions ofwhich may be determined as confidential in accordance with Part 1 - 

### GeneralProvisions, will be supplied upon written request and payment ofreasonable costs; 3. Subsequent to the availability for public review ofthe permit application and preliminary determination, publish a public notice in a newspaper ofgeneral circulation in 

### the area closest to the location ofthe source. The notice shall include: the applicant's name and address, the location and briefdescription ofthe source, a summary ofestimated emissions and ambient impact, and the Department's preliminary intent to grant or deny the permit. The notice shall identify the location ofthe permit application and preliminary determination for public review and describe the manner in 

### which ·comments or evidence may be submitted to the

- Department; 4. Allow all 

### interested persons forty-five ( 45) days from the date the public notice is published to submit written comments or evidence on the preliminary determination and application and to request a public hearing; 5. Mail written notice ofthe action taken on apermit application to those persons who submitted written comments or evidence on the application; 6. Mail a copy ofthe public notice at the same time it is sent for publication to the appropriate agency in the following locations ifthe source will locate within fifty 

### kilometers ofthe boundary ofother states, Bernalillo County, or a Class I area. A copy of all public notices shall be sent to US EPA Region VI. [11-30-95, 1-7-98] 207. 

### PERMITDECISIONS AND APPEALS: A. 

### The Department shall, within thirty 

### (30) days after its receipt ofan application for a permit or significant permit revision, review such application for completeness. Ifthe application isjudged complete, a letter to that effect shall be sent by certified mail to the applicant. Ifthe application isjudged incomplete a letter shall be sent by certified mail to the applicant stating what additional information or points ofclarification are necessary tojudge 20NMAC 2.72\,I' ,...

## ... ...J I .i 

### l . ....,**.~** • .. 'J the application complete. Ifthe application isjudged complete but no permit is required, a letter shall be sent by certified mail to the applicant informing the applicant ofthe determination. [11-30-95, 1-7-98] B. TheDepartment shall, as soon as practicable after the Department deems the application complete but not to exceed one hundred eighty (180) days or two hundred forty (240) days ifthe application is subject to Part 74, Prevention of SignificantDeterioration, either grant, grant subject to conditions or deny the permit or significant permit revision. [11- 30-95, 1-7-98] F. 

### Ifa timely request for a hearing is made, the board shall hold a hearing within ninety (90) days ofreceipt ofthe petition in accordance with Section 74-2-7 ofthe New Mexico Air Quality Control Act, NMSA 1978: [11-30-95, 1-7-98] G. Any person adversely affected by an administrative action taken by the board may appeal in accordance with Section 74-2-9 ofthe New Mexico 

### Air Quality Control Act, NMSA 1978. [11-30-95, 1-7-98] 219. PERMIT

### REVISIONS: [11-30-95; Rn, 20 NMAC 2.72.202, 1-7-98; 1-7-98] A Administrative Permit Revisions ·' 1. Administrative permit revision procedures may be used only for those permit revisions that:
a. Correct typographical errors; b. Provide for a minor administrative change at the source, such as a change in ownership or a change 

### in the address or phone number ofany person identified in the permit;

. c. Incorporate a change in the permit solely involving the retiring ofa source or closing ofa facility upon notification ofthe Department that the permittee has ceased operations ofthe source or facility; d. Incorporate a change 

### in the pemrit solely involving the deletion from the permit ofa source or sources upon notification oftheDepartment that the source or sources have not been and will not be built; or
e. Incorporate a source or activity at the facility which is exempted under Section 202.B ofthis Part;
20NMAC2.72 

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### .**~::** 

### != 

### '?6 2. The permittee shall apply for an administrative permit revision by filing a certified written notification ofthe proposed revision with the Department which includes all information required by the Department to review the request The certification shall be made as required under Section 203.A 10 ofthis Part; 3. The administrative permit revision is effective upon receipt ofthe notification by the Department; 4. Administrative permit revisions shall not be subject to public notification requirements under Sections 203.B and 206 ofthis Part. The Department shall attach the revision to the permit; 

### 5. Administrative permit revisions shall not be subject to filing fees or permit fees under Part 2.75- 

### Construction PermitFees; 6. The Department is not required to reissue the permit to incorporate an administrative permit revision. [1-7-98]
B. Technical Permit Revisions 1. Technical permit revision procedures may be used only for:
a. Permit revisions that incorporate a change in the permit solely involving a change to monitoring, record keeping, or reporting requirements by the permittee, provided that the Department determines that such change does not reduce the enforceability ofthe permit; b. Permit revisions that incorporate a change in the permit solely involving additional equipment with a potential emission rate ofno more than one (1) pound per hour for any pollutant for which a National or New Mexico Ambient Air Quality Standard**~s** been set or one ( 1) pound per hour for any VOC;
c. Permit revisions that incorporate a change in the permit solely involving the placement ofpermit conditions, including emissions limitations, on sources which existed on August 31, 1972 and which have been regularly operated since that time; d. Modifications that replace an emissions unit for which the allowable emissions limits have been established in the permit, provided that the new emissions unit: ( 1) Is equivalent to the replaced emissions unit, and serves 20NMAC 2.72**~** . . 

### . -· •.
the same function within the facility and process; (2) Has the same or lower capacity and potential emission rates; (3) Has the same or higher control efficiency, and stack parameters which are at least as effective in the dispersion ofair pollutants; (4) Would not result in an increase ofthe potential emission rate ofany other equipment at the facility; (5) Shall be subject to the same or lower allowable emissions limits under the permit, and to all other permit conditions which have applied to the replaced emissions unit; (6) Would not, when operated under applicable permit conditions, cause or contribute to a violation ofany National orNewMexico Ambient Air Quality Standard; and (7) Would not, as determined by the Department, require additional permit conditions in order to ensure tlie enforceability ofthe permit, such as additional record keeping or reporting to show compliance; or
e. Permit revisions that make adjustments to the emissions limitations based on the result ofthe initial compliance test(s), provided that: ( 1) The test is perfonned in accordance with permit conditions; (2) Such adjustment occurs within six (6) months ofthe compliance test; (3) No other such adjustment has occurred since the most recent permit issuance or reissuance; (4) Such adjustment does not: alter any other permit condition; trigger additional requirements under any other Part, including Part 7 4 - Prevention of SignificantDeterioration; or result in allowable emissions which could contribute to a violation ofany National or New Mexico Ambient Air Quality Standard; (5) Such request does not increase the permitted allowable emissions ofthe unit(s) onwhich the initial compliance test(s) have been perfonned by more 20 NMAC 2.72 

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### .**~** '.) than ten (10) percent; and (6) Where the permit fee calculated under Part 75- 

### Construction PermitFees would have been greater 

### ifit had been based onthe potential emission rate as indicated by the compliance test, the balance ofthe permit fee is submitted as part ofthe technical permit revision application; 2. A request for a technical permit revision shall be accomplished by filing a certified written notification ofthe proposed revision with the Department on forms provided by the Department and shall include all information required bythe Department to review the request. The certification shall be made as required under Section 203.A.10 ofthis Part; 3. The Department shall approve or deny the technical permit revision, or inform the applicant that the request must be submitted as a significant permit revision:
a. Within thirty (30) days ofreceipt ofthe complete application; or b. 

### Ifin response to significant public interest the Department holds a public meeting regarding the technical permit revision, within sixty (60) days ofreceipt of the complete application; 4. The Department may deny an application for a technical permit revision orrequire that such application be submitted as a significant permit revision if:
a. Such revision does not meet the criteria ofthis Section; b. 

### In thejudgment ofthe Department the revision would require a decision on a significant or complex issue; or
c. 

### In thejudgment ofthe Department the permittee has submitted multiple or subsequent applications for technical permit revisions under this Part that segment a larger revision or modification that would not be eligible for a technical permit revision; 5. The technical permit revision shall become effective upon written approval from the Department; 6. Technical permit revisions shall not be subject to public notification requirements under Sections 203.B.1, 4, and 5 and 206 ofthis Part. The Department shall attach the technical permit revision to the permit. [1-7-98] C. [RESERVED]
20NMAC 2.72

### ::: l= ?6 D. Significant Pennit Revisions 1. A significant permit revision is required for any modification to a source, and for revisions to any term orcondition ofsuch permit, including but not limited to emissions limitation, control technology, operating conditions, and monitoring requirements; that:
a. Do not meet the criteria under the provisions for administrative ortechnical permit revisions under Sections 219.A orB; or b. Meet the applicability criteria under Section 402 ofthis Part regarding toxic air pollutants; 2. Applications for significant pennit revisions shall meet all requirements ofthis Part for permits and shall be processed in accordance with the public notice, review, and hearing procedures set forth in this Part for such permits. [11-30-95; Rn, 20 NMAC 2.72.202.A, 1-7-98; 1-7-98] 220-299. [RESERVED]

20NMAC 2.72 

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### .. -· 1 NMAC 3.3.10.22 [Sequence No. I 1. Agency Name & Mailing Address 

### I 2. Agency Account Code ENVIRONMENTAL .J:MPROVBMENT BOARD 667 P.O. BOX 26110/1190 ST. FRANCIS DRIVE SANTA I!'E, NM 87502 3. Type of Rule Action New


# -- Emergency
__ Amending ..!! Repealing 4. NMAC Tille Noma 

### I NMACTille Number ENVJ:RONMI!!ITAL PROTECTION

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. 5. NMAC Chapf8r Nama 

### I 0 NMAC Chapter Number AIR QUALITY (STATEWIDE) 2
6. NMAC Part Nama 

## J NMAC Part Number CONSTRUCTION I?B!UO:TS 72
7. Modlfiad NMAC Nama 

### I Modlllad NMAC Number 

# " 20 NMAC 2.72.202.C CONSTRUCTION I?E.!UO:TS FlUng Date (Ifapplicable)

. 12/08/97 8. Are there any materials Incorporated by reference? No.J!_ Yes

# - Please Jist attachments: 1. 2. 3.
9. Ifmaterials are attachad, have copyright permissionsbeen recelvad7 No 

# I Yes 

# I Publicdomain
10. TotaiNumberofPages:
_ 11. Hearing Date ofRule: ...1!LJ..J.Z._I_!!_ 12. Effective Date ofRule: 

## :Z. I 

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13. Contact Person: I?Bl:L WARIIWBLL Phone Number: 827**·;.,',;'!,.'·.~.** 1047

14. Sla1181ura & Tille oflsaulngAuthority Name: JIMI GADZIA Tille: CHAIR

SRC-95.04'; 

### ..
202. EXEMPTIONS: The following exemptions are made to the following requirements ofSubpart II ofthis Part. The exemptions in this Section do not apply to emissions oftoxic air pollutants listed under Section 502 ofthis Part, do not alter the calculation ofthe potential emissions oftoxic air pollutants for applicability under Section 402 ofthis Part, and do not exempt the Department or the owner or operator ofany source from any requirement under Sections 403, 404, or405 ofthis Part. [1-7-98] C. For sources and units subject to 40 CFRPart60 (NSPS), 40 CFRPart 61 (NESHAP) or otherParts ofthis Chapter 

### (Air Quality), except 40 CFRPart 60 Subparts I 

### (asphalt plants) and 000 (rockcrushers), 40 CFRPart 61 Subpart C (Beryllium), and40 CFR Part 61 Subpart D 

### (BerylliumRocket MotorFiring): 1. Such sources and units shall be exempt from the applicability requirements in Section 200.A3 ifsuch sources orunits:
a. Are included in a Notice ofIntent filed under Part 73 

### -Notice of IntentandEmissionsInventory; or b. Have met the notification requirements to which they are subject under NSPS orNESHAP; and 2. Applicability determinations under Sections 200.A1 and 200.A2 ofthis Part shall take into account all federally enforceable emissionlimits established for such sources orunits under NSPS, NESHAP and otherParts ofthis Chapter. [2-8-98]

20NMAC2.72.• l'**,-.·~·** • ' ••1 \

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. [Sequence No. I 1. Agency Name & Mailing Address 

### I 2. Agency Account Code ENVXRONMENTAL IMPROVEMENT BOARD 667 P.O. BOX 26110/1190 ST. FRANCIS DRIVE SANTA FE, NM 87502 3. Type of Rule Action New


# -- Emergency
__ Amending X Repealing 4. NMAC Title Name 

### I NMAC TiUe Number BN1nRONMENTAL PROTECTION 20



### . 5. NMAC Chapter Name 

### I NMAC Chapter Number AIR QUAL:t'l'Y (STATEwiDE) 2
6.c. NMAC Part Name 

### I NMAC Part Number ' CONSTRUCTION .PERMITS 72

. "· 7. Modified NMAC Name 

### I Modified NMAC Number 20NMAC 2.72.104 & 220 CONSTRUCT:tON PERMITS Filing Date (Ifapplicable) 10/30/95



# . B. Are there anv materials lncoroorated by reference? No.JL Yes

## - Please listattachments: 1. 2. 3.
9. Ifmaterials are attachad, have copyright permissions been received?

·. No Yes 

# I Publicdomain
10. TotaiNumberofPeges:
__ 11. Hearing Date ofRule: 3 /20 /98 12. EffectiveDateofRule: ..1Ll.22J98

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## ~~~w

SRC-95-04

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....,. __, • li 104. EFFECTIVE DATE: 11-30-95 except where a later date is cited at the end ofa section or paragraph. [11-30-95, 4-22-98]
220. GENERAL PERMITS: 

### A Issuance ofGeneral Construction Permits. 

### 1. The Department 

### may, after notice under Section 206.A ofthis Part and a public hearing with opportunity for public participationunder Section 206. B ofthis Part, issue one or more general construction permits, each covering numerous similar sources. Sources registered for coverageunder a general permit shall be generally homogeneous in terms ofoperations, processes and emissions, subject to the same or substantially similar requirements, and not subject to case-by-case standards orrequirements. 2. Each general constructionpermit shall:
a. Describe which**~ources** 

### may qualifY to registerunder the general construction**permit~** b. Specify the contents ofa complete application to register under the general construction permit. The Department 

### may, inthe general construction permit, ....._,_ provide for applications which deviate from the requirements under Section 203 ofthis Part (Contents ofApplication), provided that such applications include: (1) All information neeessary to determine qualification for, and to assure compliance with, the general construction**permit~** and (2) Applicant's public notice requirements including, at a 

### minimum, a notice: (a) Published once_in the legal notices section ofa newspaper 

### in general circulation inthe county orcounties in whichthe property onwhich the facility is proposed to be constructed or operated is located; and (b) Posted at the proposed or existing facility entrance in a publicly accessible and conspicuous place onthe property onwhicbthefacilityis, oris proposed to be,located, until the general permit registration is granted ordeDied;
c. Contairt

### p~muttenns 

### andconditionswhich apply toall sources registered underthe general COnStruCtion permit. Bnd which include:
20NMAC2.72.. .:_· ! r_:·**~** -, !_ • .. • • 1 •

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### (I) Sufficient teims and conditions to assure that all sources registered under and operating in accordance with the general construction peimit will meet all applicable requirements under the federal Act, 

### the New Mexico Air Quality Control Act 

### and this Chapter (Air Quality), including Parts 74 -Prevention of SignificantDeterioration, 

### 77

- New Source Performance Standards, 

### 78 -EmissionStandards forHazardousAirPollutants, 

### 79 -Permits

- NonattainmentAreas, 

### and 82 -MaximumAchievable Control Technology Standards for Source Categories of HazardousAirPollutants, 

### and 

### will not cause or contribute to air 

### contaminant levels in excess ofany National orNewMexico Ambient Air Quality Standard; and (2) Monitoring, record keeping and reporting requirements appropriate to the source and sufficientto ensure compliance withthe general construction peimit. At a minimum, 

### the general permit 

### shall specify where the records shall be maintained, how long the records shall be retained and that all 

### records orreports shall be made available upon request by the Department; (3) 'As 

### appropriate, terms and conditions to address and report emissions occurring during upsets, startups and maintenance; and d. Specify that 

### any document, including any application form, report, compliance certification and supporting data, submitted pursuantto this Section (220)
-.. shall contain a certification that meets the requirements ofSection 203.Al0 ofthisPart. [4-22-98] B. Revisions to a GenerilConstructionPeimit. I. The Departmentmay, after notice under Section 206.A and a public hearing with opportunity for public participationunder Section 206.B, revise a general constructionpeimit. Notice ofthe proposed revision shall also be senttothe owner or operator ofall 

### sources registered underthe general constructionpermit. 2. .,Revisions to ageneral

## ~hstructionpemut·shall include a reasonable transition schedule for existing 

### registered sourcesto comply withthe revised permit. The Department shall revise the general permitterms and conditions only to the extent necessary to ensure that the requirements ofParagi-aphA2.cofthis 

### Section (220) are met. [4-22-98] C. Registrationunder a 

### General ConstructionPermit.·



# .**'~''·.>** 

# .. ·.. , 1. 

### .:·.cTheowner or,operator

### ofasource required to obtain 

### a peimit pursuant to this Part and which qualifies to**r~gmer**

### under ageneral construction pcimit shall either:
20NMAC2.72**·~·--** - .. , 

### - 

### ..

- ·-

- ..... .**~**.....

## - ..**~** ...**.~·,** 

### .. '**~I** I

... j: ': i .......,_, a. Apply to the Department to register under the terms ofthe general construction permit; or b. Apply for a construction permit under Section 200 ofthis Part. 2. 

### Within thirty (30) days ofreceiving an application to register under a general constructionpermit, the Department shall review the application for completeness and 

### shall grant or deny the registration. The Department shall not grant the registration until at least fifteen (15) days after the date the applicant's public notice was initiated. The Department shall notify the applicant ofits determination by certified 

### mail. The Department shall attach a copy ofthe general construction permit to registration approvals. 3. TheDepartment 

### shall grant registration under a general permit to a source only if:
a. The application is complete and meets the requirements ofthis Section (220); and b. The source meets the terms and conditions ofthe generalpermit. 4. The Department may grant or deny an application to register under a general construction permit Without repeating the public notice and participation procedures required under Section 206 ofthis Part. 5. Administrative review under 

### §74-2-7.Hthrough L NMSA 1978 

### shall be available for a determination made by theDepartment ofwhether ornot a source qualifies to register for coverage under a general construction permit. However, administrative review of a registration for coverageunder a general construction permit shall not extend to administrative review ofthe general permit itself. Administrative review ofthegeneral construction permit shall be available under §74-2-7.H through L NMSA 1978 only upon issuance orrevision ofthe general permit as a permitting action.

' ; .**~** 6. Sources shall be subject to enforcement actionfor construction without 

### a permit if:
a. Construction ofa source is commenced prior to the receipt of the Department's written approval ofregistrationunder a general constructionpermit; or

,. b. Itis determined after construction commencesthat a source**do~s** not qualifyfor coverageunderthe general constructionpermit. 

### 7. A general permit registration may be canceled, consistent with the 20NMAC2.72. -· .**·~.** ; ... : .**~**....**:·.~** ... ,**~-·.-** :**·~** ,**.-~I ~**  ;·**~· ~)** **~** . .- ..-' 

### . . . :

### . 

## .; provisions ofSection 211 ofthis Part, for any source which ceases operation for five years or more, or permanently, and for any source for which the construction or modification is not commenced within two years from the date ofissuance or, ifduring the construction or modification, workis suspended for a total ofone year. The owner or operator shall notify the Department ofthe anticipated and actual startup ofa source, consistent withthe provisions of Section 212 ofthis Part. [4-22-98] D. Modifications to SourcesRegistered Under a General ConstructionPermit. Each general constructionpermit shall provide that, priorto modification ofa source which is registered under a general constructionpermit, the owner or operator shall: 1. Forthose modifications for whichthe facility 

### will continue to meet the conditions ofthe general construction permit afterthe modification,·notifythe Department in writing ofsuch modification; and 2. Forthose modifications for whichthe source 

### will not continue to meet the conditions ofthe general constructionpermit after suchmodification, obtain a construction permit from the Department under thisPartpriorto themodification. [4-22-98] 221-299. 

### [RESERVED]

20NMAC2.72