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.
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Mr. Gregg A. Cooke 

Regional Administrator (6-A) 

May 29, 1998 

U.S. Environmental Protection Agency, Region 6 

1445 Ross A venue, 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 of proposed revisions 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 of Applications"; 206, "Public 

Notice and Participation"; 207, "Permit Decisions and Appeals"; and the addition of a new Section 

219, "Permit Revisions". 

The New Mexico Environment Department (NMED) again went to hearing for proposed revisions 

to 20 NMAC 2.72 on March 20, 1998. The regulation was revised to allow NMED to develop and 

issue general construction permits through the addition of a 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 of these elements is attached. 

The State ofNew Mexico looks forward to your approval of our changes to this regulation and our 

continued success in helping to preserve and protect New Mexico's air quality. If there 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 of New Mexico 

cc: Mark E. Weidler, Secretary, Environment Department 

Peter Maggiore, Director, Environmental Protection Division 
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Attachments: 

Elements contained within this SIP submittal 

October 17.1997 EIB Hearing on 20 NMAC 2.72 

1. New Mexico State Records Center NMAC 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 of public hearing for October 17,1997, for proposed 20 NMAC 2.72. 

3. Copies of affidavits of publication from the New Mexico Register and the Albuquerque 

Journal (newspaper). 

4. Notices of intent (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 of the official transcript of the October EIB hearing to consider proposed 20 NMAC 

2.70, 2.72, 2.77 and 2.78. (Please note that the Notice of public hearing and the NOis 

also mention proposed revisions 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 Center NMAC Transmittal Form and regulatory changes as 

flied with the Records Center for 20 NMAC 2.72 on March 23,1998. 
-· 

2. Notice of public hearing for March 20, 1998, for proposed 20 NMAC 2.72. 

3. Copies of affidavits of publication from the New Mexico Register and the Albuquerque 

Journal (newspaper). 

4. Notices of intent (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 of the draft proposed revisions (dated 1122/9 8) 

m. EPA to NMED, comments on revisions (dated 2/27 /98) 

1v. NMED to EPA, response to comments (dated (311 0/98). 

6. Copy ofthe official transcript of the March EIB hearing to consider proposed 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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; ; ; ' 

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[''i \: .., 6 ' . ... 

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 (if applicable) '• 10/30/95 

8. Are there any materials Incorporated J:Jy _reference? 

Ne ... lL Yes Please list aHaehments: 1. - 2. 

3. 

9. If materials are attached, have copyright pannlsslons been received? 

No I Yes I Public domain 

··-. 

10. Total Number of Pages: __ 11. HearlngOateofRule: ... l~ ... J ... ll ... J...H_ 

12. Effectiva Date of Rule: ....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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202. EXEMPTIONS: The following exemptions are made to the following requirements 

of Subpart II of this Part. The exemptions in this Section do not apply to emissions of toxic air 

pollutants listed under Section 502 of this Part, do not alter the calculation of the potential 

emissions of toxic air pollutants for applicability under Section 402 of this Part, and do not 

exempt the Department or the owner or operator of any source from any requirement under 

Sections 403, 404, or 405 of this 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 of facilitywide 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 of grounds 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 of equipment or pollution control equipment, 

either inside or outside of a 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 or NESHAP; 

4. Use of fire 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 or NESHAP; 

6. Office activities, such as photocopying; 

7. Test drilling for characterization of underground storage tank and waste 

disposal sites~ 

8. Non-anthropogenic wind blown dust; 

20NMAC2.72 
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9. Residential activities such as use of fireplaces, woodstoves, and 

barbecue cookers; 

10. Gases used to calibrate plant instrumentation, including continuous 

emission monitoring (CEM) systems; 

11. Food service, such as cafeteria activities; 

12. Automotive repair shop activities, except painting and use of solvents; 

13. Use of portable aerospace ground equipment (such as power generators, 

compressors, heaters, air conditioners, lighting units) in direct support of aircraft operations 

and on or in the immediate vicinity of an airfield; 

14. Activities which occur strictly for preventive maintenance of highway 

bridges, displays and water towers, including: grinding, cutting, welding, painting, and general 

repairs; 

15. The act of repositioning 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 of air emissions or the 

emission points from any such source; or 

b. 

such emissions. [1-7-98] 

Increase the amount of air emissions or the ambient impacts of 

B. The presence of the following new or modified 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 

of facility-wide potential emission rate under Sections 200.A.1 or 200.A.2 of this Part. 

Construction of such sources or commencement of such activities after issuance of the permit 

shall be subject to the administrative permit revision procedures in Section 219 of this Subpart: 

1. Fuel burning equipment which is used solely for heating buildings for 

personal comfort or for 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 BTU per hour; 

20NMAC 2.72 

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2. VOC emissions resulting from the handling or storing of any 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 or operator maintains sufficient record keeping to 

verify that the requirements of Section 202.B.2.a are met; 

3. Standby generators which are: 

a. Operated only during the unavoidable loss of commercial utility 

power; 

b. Operated less than 500 hours per year; and 

c. Either are: 

( 1) The only source of air 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 of repositioning or relocating sources of air 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 of such emissions; 

5. Any emissions unit, operation, or activity that has a potential emission 

rate of no more than one-half (lh) ton per year of any pollutant for which a National or New 

Mexico Ambient Air Quality Standard has been set or one-half (lh) ton per year of any VOC. 

Multiple emissions units, operations, and activities that perform identical or similar functions 

shall be combined in determining the applicability of this exemption; 

6. Surface coating of equipment, 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 of all 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 
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~-~--: r---"'""' .-.' !• ~I 

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 of this 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 of such source shall not commence 

until the Department has approved the relocation in writing; 

c. The Department shall not approve the relocation if it would 

result in exceedances of any 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 of receipt of the 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 or technical or significant permit revision shall include documentary 

proof that the applicant has provided notice of the filing of the application to the public and 

other affected individuals and entities. The notice shall be: 

1. ·Provided by certified mail, to the owners of record, as shown in the 

most recent property tax schedule, of all properties: 

a. Within one hundred (100) feet of the property on which the 

facility is located or proposed to be located, if the facility is or is proposed to be located in a 

Class A or Class H county or a municipality with a population of more than two thousand five 

hundred (2500) persons; or 

b. Within one-half(Y2) mile of the property on which the facility is 

located or is proposed to be located if the facility is or will be in a county or municipality other 

than those specified in subparagraph 203.B.l.a of this subsection; 

2. Provided by certified mail to all municipalities and counties in which the 

facility is or will be located and to all municipalities, Indian tribes, and counties within a ten 

(10) mile radius of the property on which the facility is proposed to be constructed or 

operated; 

3. Published once in a newspaper of general circulation in each county in 

which the property on which the facility is proposed to be constructed or operated is located. 

This notice shall appear in either the classified or legal advertisements section of the 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 on the 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 of all owners or operators of the facility or proposed facility; 

2. The actual or estimated date that the application was or will be 

submitted to the Department; 

3. The exact location of the facility or proposed facility; 

4. A description of the process or change for which a permit is sought, 

including an estimate of the maximum quantities of any regulated air contaminant the source 

will emit after proposed construction is complete or permit is issued; 

5. The maximum and standard operating schedules of the facility after 

completion of proposed construction or permit issuance; and 

6. The current address of the 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 of business; 

2. The name of the principal owner or operator; 

3. The type of process 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 or telephone number at which comments and inquires may 

be directed to the Department. [ 1-7-98] 

20NMAC2.72 

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206. PUBLIC NOTICE AND PARTICIPATION: 

A. The Department shall: 

1. Make available for public inspection a list of all 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 of any permit application, except those portions of which may be determined as 

confidential in accordance with Part 1 - General Provisions, will be supplied upon written 

request and payment of reasonable costs; 

3. Subsequent to the availability for public review of the permit application 

and preliminary determination, publish a public notice in a newspaper of general circulation in 

the area closest to the location of the source. The notice shall include: the applicant's name 

and address, the location and brief description of the source, a summary of estimated emissions 

and ambient impact, and the Department's preliminary intent to grant or deny the permit. The 

notice shall identify the location of the 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 of the action taken on a permit application to those 

persons who submitted written comments or evidence on the application; 

6. Mail a copy of the public notice at the same time it is sent for 

publication to the appropriate agency in the following locations if the source will locate within 

fifty kilometers of the boundary of other 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. PERMIT DECISIONS AND APPEALS: 

A. The Department shall, within thirty (30) days after its receipt of an application 

for a permit or significant permit revision, review such application for completeness. If the 

application is judged complete, a letter to that effect shall be sent by certified mail to the 

applicant. If the application is judged incomplete a letter shall be sent by certified mail to the 

applicant stating what additional information or points of clarification are necessary to judge 

20NMAC 2.72 
\,I' 

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. ...., .~ 

• .. 'J 

the application complete. If the application is judged complete but no permit is required, a 

letter shall be sent by certified mail to the applicant informing the applicant of the 

determination. [11-30-95, 1-7-98] 

B. The Department 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 if the application is subject to Part 74, Prevention of Significant Deterioration, 

either grant, grant subject to conditions or deny the permit or significant permit revision. [11-

30-95, 1-7-98] 

F. If a timely request for a hearing is made, the board shall hold a hearing within 

ninety (90) days of receipt of the petition in accordance with Section 74-2-7 of the 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 of the 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 of any person identified in 

the permit; 

. c. Incorporate a change in the permit solely involving the retiring 

of a source or closing of a facility upon notification of the Department that the permittee has 

ceased operations of the source or facility; 

d. Incorporate a change in the pemrit solely involving the deletion 

from the permit of a source or sources upon notification ofthe Department 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 of this Part; 

20NMAC2.72 

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2. The permittee shall apply for an administrative permit revision by filing a 

certified written notification of the 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 of the 

notification by the Department; 

4. Administrative permit revisions shall not be subject to public notification 

requirements under Sections 203.B and 206 of this 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 Permit Fees; 

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 

of the permit; 

b. Permit revisions that incorporate a change in the permit solely 

involving additional equipment with a potential emission rate of no 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 of permit 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 of air pollutants; 

( 4) Would not result in an increase of the potential emission 

rate of any 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 of any National or New Mexico Ambient Air 

Quality Standard; and 

(7) Would not, as determined by the Department, require 

additional permit conditions in order to ensure tlie enforceability of the 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 of the initial compliance test(s), provided that: 

( 1) The test is perfonned in accordance with permit 

conditions; 

(2) Such adjustment occurs within six (6) months of the 

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 Significant Deterioration; or result in allowable emissions which could contribute to a 

violation of any National or New Mexico Ambient Air Quality Standard; 

( 5) Such request does not increase the permitted allowable 

emissions of the unit(s) on which 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 Permit Fees would have been greater if it had been based on the potential 

emission rate as indicated by the compliance test, the balance of the permit fee is submitted as 

part of the technical permit revision application; 

2. A request for a technical permit revision shall be accomplished by filing 

a certified written notification of the proposed revision with the Department on forms provided 

by the Department and shall include all information required by the Department to review the 

request. The certification shall be made as required under Section 203.A.10 of this 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 of receipt of the complete application; or 

b. If in response to significant public interest the Department holds 

a public meeting regarding the technical permit revision, within sixty (60) days of receipt of 

the complete application; 

4. The Department may deny an application for a technical permit revision 

or require that such application be submitted as a significant permit revision if: 

a. Such revision does not meet the criteria of this Section; 

b. In the judgment of the Department the revision would require a 

decision on a significant or complex issue; or 

c. In the judgment of the 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 of this 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 or condition of such 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 

or technical permit revisions under Sections 219.A orB; or 

b. Meet the applicability criteria under Section 402 of this Part 

regarding toxic air pollutants; 

2. Applications for significant pennit revisions shall meet all requirements 

of this 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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,:4-~' Po N 1.t..rn"" J>h h , '1 l9'fR . {.; ·-

.. 

I ~\} NMAC TRWtNS~ITTAL FORM t/ ~· i...' •• ~ .. ... .. ' .. I -· 

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 NMAC Tille Number 

ENVJ:RONMI!!ITAL PROTECTION . . 20 . 

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 (If applicable) 

. 12/08/97 

8. Are there any materials Incorporated by reference? 

No.J!_ Yes - Please Jist attachments: 1. 

2. 

3. 

9. If materials are attachad, have copyright permissions been recelvad7 

No I Yes I Public domain 

10. TotaiNumberofPages: _ 11. Hearing Date of Rule: ...1!LJ..J.Z._I_!!_ 

12. Effective Date of Rule: :Z. I l? I qc;;; 

13. Contact Person: I?Bl:L WARIIWBLL 

Phone Number: 827 ·;.,',;'!,.'·.~. 1047 

14. Sla1181ura & Tille of lsaulng Authority 

Name: JIMI GADZIA 

Tille: CHAIR 

SRC-95.04 
'; .. 

202. EXEMPTIONS: The following exemptions are made to the following requirements 

of Subpart II ofthis Part. The exemptions in this Section do not apply to emissions oftoxic air 

pollutants listed under Section 502 of this Part, do not alter the calculation of the potential 

emissions of toxic air pollutants for applicability under Section 402 of this Part, and do not 

exempt the Department or the owner or operator of any source from any requirement under 

Sections 403, 404, or 405 of this Part. [1-7-98] 

C. For sources and units subject to 40 CFRPart 60 (NSPS), 40 CFRPart 61 

(NESHAP) or other Parts of this Chapter (Air Quality), except 40 CFR Part 60 Subparts I 

(asphalt plants) and 000 (rock crushers), 40 CFRPart 61 Subpart C (Beryllium), and 40 CFR 

Part 61 Subpart D (Beryllium Rocket Motor Firing): 

1. Such sources and units shall be exempt from the applicability 

requirements in Section 200.A3 if such sources or units: 

a. Are included in a Notice of Intent filed under Part 73 -Notice of 

Intent and Emissions Inventory; or 

b. Have met the notification requirements to which they are subject 

under NSPS or NESHAP; and 

2. Applicability determinations under Sections 200.A 1 and 200.A2 of this 

Part shall take into account all federally enforceable emission limits established for such 

sources or units under NSPS, NESHAP and other Parts of this Chapter. [2-8-98] 

20NMAC2.72 
.• l' 

,-.·~· 

• ' •• 1 \ 

Ei.u-0/~~~ \99R ' ~-~ -n • • ... (' --: ···-· l: :: l :. -· ' .. NMAC TRANSMITTAL FORM 

1 NMAC 3.3.10.22 . [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 (If applicable) 

10/30/95 

. B. Are there anv materials lncoroorated by reference? 

No.JL Yes - Please list attachments: 1. 

2. 

3. 

9. If materials are attachad, have copyright permissions been received? 

·. No Yes I Public domain 

10. TotaiNumberofPeges: __ 11. Hearing Date of Rule: 3 /20 /98 

12. EffectiveDateofRule: ..1Ll.22J98 

~L·-13._·._:_o_nn_:=_N_um_p_:_._:.;..~;..· '-.'-~P_;~B'-7I'-L-.W-ARDWE'-'-l-0'-4-~-------,--------------'-----------·.:.·•=._c::·"-J' ;~ ' 

14. Signature & TIUe of Issuing Authority <)'- ~~~w 

SRC-95-04 
----. ----··--------~------·------- -------·· 

c··- -...... . .... ; ~ i • ' 

!.·.·.-·:· --. -, r-.- -_, ,.... I: !_' I .. ..,. __ , • li 

104. EFFECTIVE DATE: 11-30-95 except where a later date is cited at the end of a 

section or paragraph. [11-30-95, 4-22-98] 

220. GENERAL PERMITS: 

A Issuance of General Construction Permits. 

1. The Department may, after notice under Section 206.A of this Part and 

a public hearing with opportunity for public participation under Section 206. B of this Part, 

issue one or more general construction permits, each covering numerous similar sources. 

Sources registered for coverage under a general permit shall be generally homogeneous in 

terms of operations, processes and emissions, subject to the same or substantially similar 

requirements, and not subject to case-by-case standards or requirements. 

2. Each general construction permit shall: 

a. Describe which ~ources may qualifY to register under the general 

construction permit~ 

b. Specify the contents of a complete application to register under 

the general construction permit. The Department may, in the general construction permit, ....._,_ 

provide for applications which deviate from the requirements under Section 203 of this Part 

(Contents of Application), 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 of a 

newspaper in general circulation in the county or counties in which the property on which 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 on the property on whicbthefacility is, 

or is proposed to be, located, until the general permit registration is granted or deDied; 

c. Contairt p~muttenns and conditions which apply to all sources 

registered under the general COnStruCtion permit. Bnd which include: 

20NMAC2.72 
.. .:_· ! r_:· ~ -, !_ • .. • • 1 • 

J "-a~-• ,_.' • • I ; 1'; 

S .. i_..' ... ~~~~ .~ -~ ... · -·· ·· ~ _r-. ::· ~-:-·~~~~i 

(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 Significant Deterioration, 77 -

New Source Performance Standards, 78 -Emission Standards for Hazardous Air Pollutants, 

79 -Permits - Nonattainment Areas, and 82 -Maximum Achievable Control Technology 

Standards for Source Categories of Hazardous Air Pollutants, and will not cause or contribute 

to air contaminant levels in excess of any National or New Mexico Ambient Air Quality 

Standard; and 

(2) Monitoring, record keeping and reporting requirements 

appropriate to the source and sufficient to ensure compliance with the 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 or reports 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 pursuant to this Section (220) 

-.. shall contain a certification that meets the requirements of Section 203.Al0 ofthis Part. 

[4-22-98] 

B. Revisions to a Generil Construction Peimit. 

I. The Department may, after notice under Section 206.A and a public 

hearing with opportunity for public participation under Section 206.B, revise a general 

construction peimit. Notice of the proposed revision shall also be sent to the owner or 

operator of all sources registered under the general construction permit. 

2. .,Revisions to a general ~hstruction pemut· shall include a reasonable 

transition schedule for existing registered sources to comply with the revised permit. The 

Department shall revise the general permit terms and conditions only to the extent necessary to 

ensure that the requirements ofParagi-aph A2.c of this Section (220) are met. 

[4-22-98] 

C. Registration under a General Construction Permit.· 

. '~''·.> .. · .. ,1. .:·.cThe owner or,operator ofa source required to obtain a peimit pursuant 

to this Part and which qualifies to r~gmer under a general construction pcimit shall either: 

20NMAC2.72 
·~·-- - .. , -.. - ·- - ..... . 

~ ..... - .. ~ ... .~·, .. ' ~I I 

... j: ': i .......,_, 

a. Apply to the Department to register under the terms of the 

general construction permit; or 

b. Apply for a construction permit under Section 200 of this Part. 

2. Within thirty (30) days of receiving an application to register under a 

general construction permit, 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 of its determination by certified mail. The Department 

shall attach a copy of the general construction permit to registration approvals. 

3. The Department shall grant registration under a general permit to a 

source only if: 

a. The application is complete and meets the requirements of this 

Section (220); and 

b. The source meets the terms and conditions of the general permit. 

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 of this Part. 

5. Administrative review under § 74-2-7 .H through L NMSA 1978 shall be 

available for a determination made by the Department of whether or not a source qualifies to 

register for coverage under a general construction permit. However, administrative review of 

a registration for coverage under a general construction permit shall not extend to 

administrative review of the general permit itself. Administrative review of the general 

construction permit shall be available under §74-2-7.H through L NMSA 1978 only upon 

issuance or revision of the general permit as a permitting action. 

' ; . ~ 

6. Sources shall be subject to enforcement action for construction without 

a permit if: 

a. Construction of a source is commenced prior to the receipt of 

the Department's written approval of registration under a general construction permit; or 

, . b. It is determined after construction commences that a source 

do~s not qualify for coverage under the general construction permit. 

7. A general permit registration may be canceled, consistent with the 

20NMAC2.72 
. -· . 

·~. ; ... : . 

~ .... :·.~ ... , ~-·.- : ·~ , .-~I 

~ ;· ~· ~) ~ . . -.. -' . . . : . . ; 

provisions of Section 211 of this 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 of issuance or, if during the construction or 

modification, work is suspended for a total of one year. The owner or operator shall notify the 

Department of the anticipated and actual startup of a source, consistent with the provisions of 

Section 212 of this Part. 

[4-22-98] 

D. Modifications to Sources Registered Under a General Construction Permit. 

Each general construction permit shall provide that, prior to modification of a 

source which is registered under a general construction permit, the owner or operator shall: 

1. For those modifications for which the facility will continue to meet the 

conditions of the general construction permit after the modification,· notify the Department in 

writing of such modification; and 

2. For those modifications for which the source will not continue to meet 

the conditions of the general construction permit after such modification, obtain a construction 

permit from the Department under this Part prior to the modification. 

[4-22-98] 

221-299. [RESERVED] 

20NMAC2.72