New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 72 - CONSTRUCTION PERMITS › Section 20.2.72.220 - GENERAL PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Issuance of General Construction Permits:
(1)
				The Department may, after notice under Subsections A and B of 20.2.72.206 NMAC
				and a public hearing with opportunity for public participation under Subsection
				C of 20.2.72.206 NMAC 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 sources 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 20.2.72.203 NMAC, provided that such applications
				include:
i. All information necessary to
				determine qualification for, and to assure compliance with, the general
				construction permit; and
ii.
				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 which the facility is, or is proposed to
				be, located, until the general permit registration is granted or
				denied;
(c) Contain
				permit terms and conditions which apply to all sources registered under the
				general construction permit, and which include:
i. Sufficient terms and conditions to assure
				that all sources registered under and operating in accordance with the general
				construction permit will meet all applicable requirements under the federal
				Act, the New Mexico Air Quality Control Act and this Chapter (Air Quality),
				including 20.2.74 NMAC (Prevention of Significant Deterioration), 20.2.77 NMAC
				(New Source Performance Standards), 20.2.78 NMAC (Emission Standards for
				Hazardous Air Pollutants), 20.2.79 NMAC (Permits - Nonattainment Areas), and
				20.2.82 NMAC (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
ii.
				Monitoring, record keeping and reporting requirements appropriate to the source
				and sufficient to ensure compliance with the general construction permit. 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;
iii. 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 (20.2.72.220 NMAC) shall
				contain a certification that meets the requirements of Paragraph 10 of
				Subsection A of 20.2.72.203 NMAC.