New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 42 - OPERATING PERMITS › Section 20.11.42.12 - PERMIT REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Permit applications:
(1) Duty to apply. For
				each 20.11.42 NMAC source, the owner or operator shall submit a timely and
				complete permit application in accordance with 20.11.42 NMAC.
(2) Timely application.
(a) A timely application is:
(i) for first time applications, one that is
				submitted within 12 months after the source commences operation as a 20.11.42
				NMAC source;
(ii) for purposes of
				permit renewal, one that is submitted at least 12 months prior to the date of
				permit expiration;
(iii) for the
				acid rain portion of permit applications for initial phase II acid rain sources
				under Title IV of the federal act, by January 1, 1996 for sulfur dioxide, and
				by January 1, 1998 for nitrogen oxides.
(b) Reserved.
(3) Completeness of application.
(a) To be deemed complete, an application
				must provide all information required pursuant to Paragraph (4), of Subsection
				A of 20.11.42.12 NMAC, except that applications for permit modifications need
				supply such information only if it is related to the proposed change.
(b) If, while processing an application,
				regardless of whether it has been determined or deemed to be complete, the
				department determines that additional information is necessary to evaluate or
				take final action on that application, it may request such information in
				writing and set a reasonable deadline for a response.
(c) Any applicant who fails to submit any
				relevant facts or who has submitted incorrect information in a permit
				application or in a supplemental submittal shall, upon becoming aware of such
				failure or incorrect submittal, promptly submit such supplementary facts or
				corrected information. In addition, an applicant shall provide further
				information as necessary to address any requirements that become applicable to
				the source after the date it filed a complete application but prior to release
				of a draft permit.
(d) The
				applicant's ability to operate without a permit, as set forth in Subparagraph
				(b), of Paragraph (1), of Subsection B of 20.11.42.2 NMAC, shall be in effect
				from the date a timely application is submitted until the final permit is
				issued or disapproved, provided that the applicant adequately submits any
				requested additional information by the deadline specified by the
				department.
(4) Content
				of application. Any person seeking a permit under 20.11.42 NMAC shall do so by
				filing a written application with the department. The applicant shall submit
				three copies of the permit application, or more, as requested by the
				department. An applicant may not omit information needed to determine the
				applicability of, or to impose, any applicable requirement, or to evaluate the
				fee amount required under 20.11.2 NMAC,
Fees
. Fugitive
				emissions shall be included in the permit application in the same manner as
				stack emissions, regardless of whether the source category in question is
				included in the list of sources contained in the definition of major source.
				All applications shall:
(a) be made on forms
				furnished by the department, which for the acid rain portions of permit
				applications and compliance plans shall be on nationally-standardized forms to
				the extent required by regulations promulgated under Title IV of the federal
				act;
(b) state the company's name
				and address (and, if different, plant name and address), together with the
				names and addresses of the owner(s), responsible official and the operator of
				the source, any subsidiaries or parent companies, the company's state of
				incorporation or principal registration to do business and corporate or
				partnership relationship to other permittee's subject to 20.11.42 NMAC, and the
				telephone numbers and names of the owners' agent(s) and the site contact(s)
				familiar with plant operations;
(c)
				state the date of the application;
(d) include a description of the source's
				processes and products (by standard industrial classification code) including
				any associated with alternative scenarios identified by the applicant, and a
				map, such as the 7.5 minute topographic quadrangle map published by the United
				States geological survey or the most detailed map available showing the exact
				location of the source; the location shall be identified by latitude and
				longitude or by UTM coordinates;
(e) for all emissions of all air pollutants
				for which the source is major and all emissions of regulated air pollutants,
				provide all emissions information, calculations and computations for the source
				and for each emissions unit, except for insignificant activities (as defined in
				Subsection R of 20.11.42.7 NMAC); this shall include:
(i) a process flow sheet of all components of
				the facility which would be involved in routine operations and
				emissions;
(ii) identification and
				description of all emission points in sufficient detail to establish the basis
				for fees and applicability of requirements of the state and federal
				acts;
(iii) emissions rates in tons
				per year, pounds per hour and other terms necessary to establish compliance
				consistent with the applicable standard reference test method;
(iv) specific information such as that
				regarding fuels, fuel use, raw materials, or production rates, to the extent it
				is needed to determine or regulate emissions;
(v) identification and full description,
				including all calculations and the basis for all control efficiencies
				presented, of air pollution control equipment and compliance monitoring devices
				or activities;
(vi) the maximum and
				standard operating schedules of the source, as well as any work practice
				standards or limitations on source operation which affect emissions of
				regulated pollutants;
(vii) an
				operational plan defining the measures to be taken to mitigate source emissions
				during startups, shutdowns and emergencies;
(viii) other relevant information as the
				department may reasonably require or which are required by any applicable
				requirements (including information related to stack height limitations
				developed pursuant to Section 123 of the federal act); and
(ix) for each alternative operating scenario
				identified by the applicant, all of the information required in Items (i)
				through (viii) above, as well as additional information determined to be
				necessary by the department to define such alternative operating
				scenarios;
(f) provide a
				list of insignificant activities (as defined in Subsection R of 20.11.42.7
				NMAC) at the source, their emissions, to the extent required by the department,
				and any information necessary to determine applicable requirements;
(g) provide a citation and description of all
				applicable air pollution control requirements, including:
(i) sufficient information related to the
				emissions of regulated air pollutants to verify the requirements that are
				applicable to the source; and
(ii)
				a description of or reference to any applicable test method for determining
				compliance with each applicable requirement;
(h) provide an explanation of any proposed
				exemptions from otherwise applicable requirements;
(i) provide other specific information that
				may be necessary to implement and enforce other requirements of the state or
				federal acts or to determine the applicability of such requirements, including
				information necessary to collect any fees owed under 20.11.2 NMAC,
Fees
;
(j) for
				applications which:
(i) are required pursuant
				to the transition schedule in Subparagraph (b), of Paragraph (2), of Subsection
				A of 20.11.42.12 NMAC; or
(ii) for
				subsequent applications or modifications, where emissions or anticipated
				emissions have increased since modeling for a modification or new source
				construction was reviewed under 20.11.41 NMAC or 20.11.42 NMAC: submit a
				dispersion modeling analysis, using EPA approved models and procedures, showing
				whether emissions from the source would cause air pollutant concentrations in
				excess of any New Mexico ambient air quality standard for nitrogen oxides,
				sulfur oxides, total suspended particulates or non-methane hydrocarbons, or any
				national ambient air quality standard; air pollutants that are not emitted in
				significant amounts (as defined in
				40 CFR
				52.21(b)(23)(i) ) during
				routine operations need not be modeled; the department may waive modeling with
				respect to ozone if the department determines that emissions from the source
				are not likely to cause ozone concentrations in excess of the national ambient
				air quality standard;
(k)
				provide certification of compliance, including:
(i) a certification, by a responsible
				official consistent with Paragraph (5), of Subsection A of 20.11.42.12 NMAC of
				the source's compliance status for each applicable requirement;
(ii) a statement of methods used for
				determining compliance, including a description of monitoring, record keeping,
				and reporting requirements and test methods;
(iii) a statement that the source will
				continue to be in compliance with applicable requirements for which it is in
				compliance, and will, in a timely manner or at such schedule expressly required
				by the applicable requirement, meet additional applicable requirements that
				become effective during the permit term;
(iv) a schedule for submission of compliance
				certifications during the permit term, to be submitted no less frequently than
				annually, or more frequently if specified by the underlying applicable
				requirement or by the department; and
(v) a statement indicating the source's
				compliance status with any enhanced monitoring and compliance certification
				requirements of the federal act;
(l) for sources that are not in compliance
				with all applicable requirements at the time of permit application, provide a
				compliance plan that contains:
(i) a
				description of the compliance status of the source with respect to all
				applicable requirements;
(ii) a
				narrative description of how the source will achieve compliance with such
				requirements for which it is not in compliance;
(iii) a schedule of remedial measures,
				including an enforceable sequence of actions with milestones, leading to
				compliance with such applicable requirements; the schedule of compliance shall
				be at least as stringent as that contained in any consent decree or
				administrative order to which the source is subject, and the obligations of any
				consent decree or administrative order shall not be in any way diminished by
				the schedule of compliance; any such schedule of compliance shall be
				supplemental to, and shall not prohibit the department from taking any
				enforcement action for noncompliance with, the applicable requirements on which
				it is based;
(iv) a schedule for
				submission of certified progress reports no less frequently than every six
				months; and
(v) for the portion of
				each acid rain source subject to the acid rain provisions of Title IV of the
				federal act, the compliance plan content requirements specified in this
				paragraph, except as specifically superseded by regulations promulgated under
				Title IV of the federal act with regard to the schedule and method(s) the
				source will use to achieve compliance with the acid rain emissions limitations.
(5)
				Certification. Any document, including any application form, report, or
				compliance certification, submitted pursuant to 20.11.42 NMAC shall contain
				certification by a responsible official of truth, accuracy, and completeness.
				This certification and any other certification required under this regulation
				shall state that, based on information and belief formed after reasonable
				inquiry, the statements and information in the document are true, accurate, and
				complete.