New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 14 - PARTICULATE EMISSIONS FROM COAL BURNING EQUIPMENT › Section 20.2.14.205 - Petition for Test Method of Emission Limitation for Existing Equipment - Heat Capacity Equal to or Greater than 5000M BTU/HOUR

Current through Register Vol. 35, No. 13, July 16, 2024
A. With regard to existing coal burning
				equipment having a rated heat capacity greater than 250 million British Thermal
				Units and less than 5000 million British Thermal Units per hour (higher heating
				value) or with regard to existing coal burning equipment having a rated heat
				capacity equal to or greater than 5000 million British Thermal Units per hour
				(higher heating value) the Department, any other interested person or any
				person owning or operating existing coal burning equipment of such capacities
				may petition the Board to amend subsection B of 20.2.14.202 NMAC or subsection
				B of 20.2.14.203 NMAC to require all existing coal burning equipment of the
				capacity specified in 20.2.14.202 NMAC or 20.2.14.203 NMAC, whichever is the
				subject of the petition, to comply with the emission limitation of subsection B
				of 20.2.14.201 NMAC pursuant to the test method contained therein.
B. The Board, after receipt of the petition,
				shall:
(1) Notify all persons owning or
				operating coal burning equipment which are the subject of the petition of the
				filing of said petition, and the date of the Board's regularly scheduled
				meeting at which the Board plans to consider the request for hearing;
(2) Make available for public inspection a
				copy of the petition at its office;
(3) Not less than 30 days nor more than
				forty-five days after the mailing of the notification provided in paragraph (1)
				of subsection B of 20.2.14.205 NMAC at its regularly scheduled meeting,
				consider setting the date, time and place of a public hearing on the petition;
				provided, however, that if any person owning or operating coal burning
				equipment of the capacities covered by the petition appears before the Board at
				such meeting and informs the Board that it does not possess sufficient testing
				information to determine whether its equipment does or does not comply with the
				emission limitation contained in paragraph (2) of subsection A of 20.2.14.201
				NMAC pursuant to the test method specified therein, the Board, if it determines
				additional testing information is justified, shall specify a period of testing
				deemed adequate to permit such person to conduct such testing and shall set the
				date of the public hearing on the petition at its next regularly scheduled
				meeting following the expiration of such testing period;
(4) Within five days following the scheduling
				of the hearing, notify the petitioner and all persons who own or operate the
				coal burning equipment affected by the petition by certified mail of the date,
				time and place of the public hearing on the petition;
(5) Publish notice of the hearing and conduct
				the hearing according to the procedures set forth in the New Mexico Air Quality
				Control Act, section
				74-2-6;
				and
(6) At the conclusion of the
				hearing on the petition or at the next Board meeting after transcripts of the
				hearing are available, if the Board determines that all the equipment regulated
				pursuant to 20.2.14.202 NMAC and 20.2.14.203 NMAC, whichever was the subject of
				the hearing, complies with the emission limitation of subsection B of
				20.2.14.201 NMAC pursuant to the test method contained therein, the Board may
				amend subsection B of 20.2.14.202 NMAC or subsection B of 20.2.14.203 NMAC,
				whichever was the subject of the hearing.