reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 70 - OPERATING PERMITS › Section 20.2.70.302 - PERMIT CONTENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Permit
				conditions.
(1) The department shall specify
				conditions upon a permit, including emission limitations and sufficient
				operational requirements and limitations, to assure compliance with all
				applicable requirements at the time of permit issuance or as specified in the
				approved schedule of compliance. The permit shall:
(a) for major sources, include all applicable
				requirements for all relevant emissions units in the major source;
(b) for any non-major source subject to
				20.2.70.200 NMAC - 20.2.70.299 NMAC, include all applicable requirements which
				apply to emissions units that cause the source to be subject to this
				part;
(c) specify and reference the
				origin of and authority for each term or condition, and identify any difference
				in form as compared to the applicable requirement upon which the term or
				condition is based;
(d) include a
				severability clause to ensure the continued validity of the various permit
				requirements in the event of a challenge to any portions of the
				permit;
(e) include a provision to
				ensure that the permittee pays fees to the department consistent with the fee
				schedule in 20.2.71 NMAC (Operating Permit Emission Fees); and
(f) for purposes of the permit shield,
				identify any requirement specifically identified in the permit application or
				significant permit modification that the department has determined is not
				applicable to the source, and state the basis for any such
				determination.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 70 - OPERATING PERMITS › Section 20.2.70.303 - GENERAL PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Issuance of General Permits:
(1) The
				Department may, after notice and opportunity for public participation and US
				EPA and affected program review, issue a general permit covering numerous
				similar sources. Such sources shall be generally homogenous 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) Any general
				permit shall comply with all requirements applicable to other operating permits
				and shall identify criteria by which sources may qualify for the general
				permit.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 70 - OPERATING PERMITS › Section 20.2.70.304 - EMERGENCY PROVISION

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				"emergency" means any situation arising from sudden and reasonably
				unforeseeable events beyond the control of the permittee, including acts of
				God, which situation requires immediate corrective action to restore normal
				operation, and that causes the source to exceed a technology-based emission
				limitation under the permit due to unavoidable increases in emissions
				attributable to the emergency. An emergency shall not include noncompliance to
				the extent caused by improperly designed equipment, lack of preventive
				maintenance, or careless or improper operation.
B. An emergency constitutes an affirmative
				defense to an action brought for noncompliance with such technology-based
				emission limitations if the permittee has demonstrated through properly signed,
				contemporaneous operating logs, or other relevant evidence that:
(1) an emergency occurred and that the
				permittee can identify the cause(s) of the emergency;
(2) the permitted facility was at the time
				being properly operated;
(3) during
				the period of the emergency the permittee took all reasonable steps to minimize
				levels of emissions that exceeded the emission standards or other requirements
				in the permit; and
(4) the
				permittee submitted notice of the emergency to the department within 2 working
				days of the time when emission limitations were exceeded due to the emergency;
				this notice fulfills the requirement of Paragraph (2) of Subsection E of
				20.2.70.302 NMAC; this notice must contain a description of the emergency, any
				steps taken to mitigate emissions, and corrective actions taken.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 70 - OPERATING PERMITS › Section 20.2.70.400 - ACTION ON PERMIT APPLICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				A permit (including permit renewal) or permit modification shall only be issued
				if all of the following conditions have been met:
(1) The Department has received a complete
				application for a permit, permit modification, or permit renewal, except that a
				complete application need not be received before issuance of a general permit
				under 20.2.70.303 NMAC;
(2) Except
				for administrative and minor permit modifications, the Department has complied
				with the requirements for public participation procedures under 20.2.70.401
				NMAC;
(3) Except for administrative
				amendments, the Department has complied with the requirements for notifying and
				responding to affected programs under 20.2.70.402 NMAC;
(4) The conditions of the permit provide for
				compliance with all applicable requirements and the requirements of this Part;
				and
(5) The Administrator has
				received a copy of the proposed permit and any notices required under
				20.2.70.402 NMAC, and has not objected to issuance of the permit within the
				time period specified within that section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 70 - OPERATING PERMITS › Section 20.2.70.401 - PUBLIC PARTICIPATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Proceedings for all permit issuances (including renewals), significant permit
				modifications, reopenings, revocations and terminations, and all modifications
				to the Department's list of insignificant activities, shall include public
				notice and provide an opportunity for public comment. The Department shall
				provide thirty (30) days for public and affected program comment. The
				Department may hold a public hearing on the draft permit, a proposal to
				suspend, reopen, revoke or terminate a permit, or for any reason it deems
				appropriate, and shall hold such a hearing in the event of significant public
				interest. The Department shall give notice of any public hearing at least
				thirty (30) days in advance of the hearing.
B. Public notice and notice of public hearing
				shall be given by publication in a newspaper of general circulation in the area
				where the source is located or in a state publication designed to give general
				public notice, to persons on a mailing list developed by the Department,
				including those who request in writing to be on the list, and by other means if
				necessary to assure adequate notice to the affected public.
C. The public notice shall identify:
(1) The affected facility;
(2) The names and addresses of the applicant
				or permittee and its owners;
(3)
				The name and address of the Department;
(4) The activity or activities involved in
				the permit action;
(5) The
				emissions change(s) involved in any permit modification;
(6) The name, address and telephone number of
				a person from whom interested persons may obtain additional information,
				including copies of the permit draft, the application, and relevant supporting
				materials;
(7) A brief description
				of the comment procedures required by the Department; and
(8) As appropriate, a statement of procedures
				to request a hearing, or the time and place of any scheduled hearing.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 70 - OPERATING PERMITS › Section 20.2.70.402 - REVIEW BY THE ADMINISTRATOR AND AFFECTED PROGRAMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Notification: The Department shall not
				issue an operating permit (including permit renewal or reissuance), minor
				permit modification or significant permit modification, until affected programs
				and the Administrator have had an opportunity to review the proposed permit as
				required under this section. Permits for source categories waived by the
				Administrator from this requirement and any permit terms or conditions which
				are not required under the Federal Act or under any of its requirements are not
				subject to Administrator review or approval.
(1) Within five (5) days of notification by
				the Department that the application has been determined complete, the applicant
				shall provide a copy of the complete permit application (including the
				compliance plan and all additional materials submitted to the Department)
				directly to the Administrator. The permit or permit modification shall not be
				issued without certification to the Department of such notification. The
				Department shall provide to the Administrator a copy of each draft permit, each
				proposed permit, each final operating permit, and any other relevant
				information requested by the Administrator.
(2) The Department shall provide notice of
				each draft permit to any affected program on or before the time that the
				Department provides this notice to the public under 20.2.70.401 NMAC, except to
				the extent that minor permit modification procedures require the timing of the
				notice to be different.
(3) The
				Department shall keep for five (5) years such records and submit to the
				Administrator such information as the Administrator may reasonably require to
				ascertain whether the state program complies with the requirements of the
				Federal Act or related applicable requirements.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 70 - OPERATING PERMITS › Section 20.2.70.403 - PETITIONS FOR REVIEW OF FINAL ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Hearing before the board:
(1) Any person who participated in a
				permitting action before the department and who is adversely affected by such
				permitting action may file a petition for hearing before the board. For the
				purposes of this section, permitting action shall include the failure of the
				department to take final action on an application for a permit (including
				renewal) or permit modification within the time specified in this
				part.
(2) The petition shall be
				made in writing to the board within thirty (30) days from the date notice is
				given of the department's action and shall specify the portions of the
				permitting action to which the petitioner objects, certify that a copy of the
				petition has been mailed or hand-delivered as required by this paragraph, and
				attach a copy of the permitting action for which review is sought. Unless a
				timely request for hearing is made, the decision of the department shall be
				final. The petition shall be copied simultaneously to the department upon
				receipt of the appeal notice. If the petitioner is not the applicant or
				permittee, the petitioner shall mail or hand-deliver a copy of the petition to
				the applicant or permittee. The department shall certify the administrative
				record to the board.
(3) If a
				timely request for hearing is made, the board shall hold a hearing within sixty
				(60) days of receipt of the petition in accordance with New Mexico Air Quality
				Control Act section
				74-2-7
				NMSA 1978.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 70 - OPERATING PERMITS › Section 20.2.70.404 - PERMIT MODIFICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Administrative Permit Amendments:
(1) An
				administrative permit amendment is one that:
(a) Corrects typographical errors;
(b) Provides for a minor administrative
				change at the source, such as a change in the address or phone number of any
				person identified in the permit;
(c) Incorporates a change in the permit
				solely involving the retiring of an emissions unit;
(d) Requires more frequent monitoring or
				reporting by the permittee; or
(e)
				Any other type of change which has been determined by the Department and the
				Administrator to be similar to those in this paragraph.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 70 - OPERATING PERMITS › Section 20.2.70.405 - PERMIT REOPENING, REVOCATION OR TERMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Action by the Department:
(1) Each permit shall include provisions
				specifying the conditions under which the permit will be reopened prior to the
				expiration of the permit. A permit shall be reopened and revised for any of the
				following, and may be revoked and reissued for subparagraphs (c) or (d) of the
				following:
(a) Additional applicable
				requirements under the Federal Act become applicable to a major source with a
				remaining permit term of three (3) or more years. Such a reopening shall be
				completed not later than eighteen (18) months after promulgation of the
				applicable requirement. No such reopening is required if the effective date of
				the requirement is later than the date on which the permit is due to expire,
				unless the original permit or any of its terms or conditions have been extended
				past the expiration date of the permit pursuant to subsection D of 20.2.70.400
				NMAC;
(b) Additional requirements
				(including excess emissions requirements) become applicable to a source under
				the acid rain program promulgated under title IV of the Federal Act. Upon
				approval by the Administrator, excess emissions offset plans shall be deemed to
				be incorporated into the permit;
(c) The Department or the Administrator
				determines that the permit contains a material mistake or that inaccurate
				statements were made in establishing the terms or conditions of the permit;
				or
(d) The Department or the
				Administrator determines that the permit must be revised or revoked and
				reissued to assure compliance with the applicable requirements.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 70 - OPERATING PERMITS › Section 20.2.70.406 - CITIZEN SUITS

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to section 304 of the Federal Act,
				  42
				  USC 7604, any person may commence certain
				  civil actions under the Federal Act.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 70 - OPERATING PERMITS › Section 20.2.70.407 - VARIANCES

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to New Mexico Air Quality Control Act section
				  74-2-8 NMSA
				  1978, applicants and permittees may seek a variance from the non-federally
				  enforceable provisions of this Part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 70 - OPERATING PERMITS › Section 20.2.70.408 - ENFORCEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Notwithstanding any other provision in the New Mexico State
				  Implementation Plan approved by the Administrator, any credible evidence may be
				  used for the purpose of establishing whether a person has violated or is in
				  violation of the terms or conditions of a permit issued pursuant to this
				  Part.
A. Information from the use of
				the following methods is presumptively credible evidence of whether a violation
				has occurred at the source:
(1) A monitoring
				or information gathering method approved for the source pursuant to this Part
				and incorporated in an operating permit; or
(2) Compliance methods specified in the New
				Mexico State Implementation Plan.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 71 - OPERATING PERMIT EMISSIONS FEES › Section 20.2.71.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons required to obtain a permit under 20.2.70 NMAC
				  (Operating Permits).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 71 - OPERATING PERMIT EMISSIONS FEES › Section 20.2.71.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Environmental Improvement Act, NMSA 1978, section
				  74-1-8(A)(4) and Air Quality Control Act, NMSA 1978, sections
				  74-2-1 et
				  seq., including specifically, section 74-2-7(B)(5).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 71 - OPERATING PERMIT EMISSIONS FEES › Section 20.2.71.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 30, 1995, unless a later date is cited at the end of
				  a section.
[The latest effective date of any section in this part is
				  01/09/09.]
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 71 - OPERATING PERMIT EMISSIONS FEES › Section 20.2.71.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the terms defined in 20.2.2 NMAC
				  (definitions), as used in this part, the following definitions apply.
A. "Allowable emission rate" means the
				maximum emission allowed by the more stringent emission limitation applicable
				to the source contained in:
(1) any New
				Mexico air quality control regulation;
(2) any federal standard of performance,
				emission limitation, or emission standard adopted pursuant to
				42 U.S.C.
				Section 7411 or
				7412;
				or
(3) any condition within a
				construction or operating permit issued by the department.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 71 - OPERATING PERMIT EMISSIONS FEES › Section 20.2.71.8 - AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
This Part amends and supersedes Air Quality Control
				  Regulation (AQCR) 771 -- Operating Permit Emission Fees, filed November 15,
				  1993, as amended.
A. All references to
				AQCR 771 in any other rule shall be construed as a reference to this
				Part.
B. The amendment and
				supersession of AQCR 771 shall not affect any administrative or judicial
				enforcement action pending on the effective date of such amendment nor the
				validity of any permit issued pursuant to AQCR 771.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 71 - OPERATING PERMIT EMISSIONS FEES › Section 20.2.71.9 - DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Documents cited in this Part may be viewed at the New Mexico
				  Environment Department, Air Quality Bureau, Runnels Building, 1190 Saint
				  Francis Drive, Santa Fe, NM 87505 [2048 Galisteo St., Santa Fe, NM
				  87505].
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 71 - OPERATING PERMIT EMISSIONS FEES › Section 20.2.71.109 - APPLICABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
Each owner or operator required to obtain an operating permit
				  under 20.2.70 NMAC (Operating Permits) shall be subject to the requirements of
				  this Part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 71 - OPERATING PERMIT EMISSIONS FEES › Section 20.2.71.110 - FEE REQUIREMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				annual operating permit emission fee shall be paid to the department by each
				owner or operator subject to this part.
B. The fee shall be assessed:
(1) for a major source as defined in 20.2.70
				NMAC (Operating Permits), for all emissions units;
(2) for all other stationary sources, for
				emissions units which cause the source to be subject to 20.2.70 NMAC;
				and
(3) for emissions above annual
				allowable emission limits for the source categories in Paragraphs (1) and (2)
				of Subsection B of Section 20.2.71.110 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 71 - OPERATING PERMIT EMISSIONS FEES › Section 20.2.71.111 - FEE DETERMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Fee
				calculation.
(1) The annual fee shall be
				calculated by taking the product of the allowable emission rate for each fee
				pollutant expressed in tons per year and the appropriate fee per ton of
				pollutant listed in 20.2.71.112 NMAC.
(2) The allowable emission rate which shall
				be used in the fee calculation is:
(a) the
				allowable emission rate which exists on December 31 for each year;
				and
(b) the failure of an owner or
				operator to include the correct information in a permit application, resulting
				in incorrect allowable emissions in a permit issued under 20.2.70 NMAC, 20.2.72
				NMAC, or 20.2.74 NMAC, shall not preclude the department from requiring payment
				for the correct emissions from the time payment would have been first
				due.
(3) Allowable
				emission rates shall be calculated to the tenth of a ton for each emission unit
				and then summed to determine the tons per year for the facility. Total facility
				tons per year quantities shall be determined by rounding amounts equal to or
				greater than five tenths of a ton upward and amounts lower than five tenths of
				a ton downward.
(4) Emissions from
				those operations determined to be insignificant activities by the department
				under 20.2.70 NMAC shall not be included in the fee calculation.
(5) Fugitive emissions which have an
				allowable emission rate shall be included in the fee calculation.
(6) Any quantity of a pollutant which is
				assessed a fee because it is a hazardous air pollutant shall not be assessed
				additional fees.
(7) A maximum of
				six thousand tons per year of any one fee pollutant shall be used in the fee
				calculation.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 71 - OPERATING PERMIT EMISSIONS FEES › Section 20.2.71.112 - EMISSION FEE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The fee for each
				fee pollutant shall be $20.00 per ton on an annual basis, except as provided
				for in Subsection B of 20.2.70.112 NMAC. This fee shall increase by $2.00 per
				ton on an annual basis beginning on January 1, 2010 through the fees due on
				June 1, 2012.
B. The fee for each
				hazardous air pollutant shall be $165.00 per ton on an annual basis for any
				stationary source which is only major as defined in 20.2.70 NMAC for any
				hazardous air pollutant.
C. Fees
				for mercury emissions.
(1) For the calendar
				years 2010 through 2017, the fee for mercury emissions from stationary sources
				subject to 20.2.85 NMAC shall be $8.88 per ounce annually.
(2) For the calendar years 2018 and
				thereafter, the fee for mercury emissions from stationary sources subject to
				20.2.85 NMAC shall be $22.51 per ounce annually.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 71 - OPERATING PERMIT EMISSIONS FEES › Section 20.2.71.113 - FEE PAYMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Schedule.
(1) The department shall by April 1
				of each year provide to each owner or operator subject to this part
				notification, which shall contain:
(a) the
				emissions fee based on the requirements of this part which is currently due;
				and
(b) a summary of the basis for
				the required fee.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 72 - CONSTRUCTION PERMITS › Section 20.2.72.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Environmental Improvement Act, NMSA 1978, Section
				  74-1-8(A)(4) and Air Quality Control Act, NMSA 1978, Sections
				  74-2-1 et
				  seq., including specifically, Section 74-2-7(A)(1), (B), (C) and
				  (D).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 72 - CONSTRUCTION PERMITS › Section 20.2.72.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Permanent. Notwithstanding the applicability provisions of
				  20.2.72.402 NMAC,
				  the Department is stayed from enforcing requirements relating to asphalt fumes
				  as a toxic air pollutant for new or modified sources until September 1, 1997.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 72 - CONSTRUCTION PERMITS › Section 20.2.72.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 30, 1995 except where a later date is cited at the
				  end of a section or paragraph.
[The latest effective date of any section in this Part is
				  9/6/06.]
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 72 - CONSTRUCTION PERMITS › Section 20.2.72.8 - AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
This Part amends and supersedes Air Quality Control
				  Regulation ("AQCR") 702 - Permits, filed May 29, 1990, as amended ("AQCR
				  702").
A. All references to AQCR 702
				in any other rule shall be construed as a reference to this Part.
B. The amendment and supersession of AQCR 702
				shall not affect any administrative or judicial enforcement action pending on
				the effective date of such amendment nor the validity of any permit issued
				pursuant to AQCR 702.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 72 - CONSTRUCTION PERMITS › Section 20.2.72.9 - DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Documents incorporated and cited in this Part may be viewed
				  at the New Mexico Environment Department, Air Quality Bureau, Harold Runnels
				  Building, 1190 St. Francis Drive, Santa Fe, NM 87505.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 72 - CONSTRUCTION PERMITS › Section 20.2.72.200 - APPLICATION FOR CONSTRUCTION, MODIFICATION, NSPS, AND NESHAP - PERMITS AND REVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Permits
				must be obtained from the Department by:
(1)
				Any person constructing a stationary source which has a potential emission rate
				greater than 10 pounds per hour or 25 tons per year of any regulated air
				contaminant for which there is a National or New Mexico Ambient Air Quality
				Standard. If the specified threshold in this subsection is exceeded for any one
				regulated air contaminant, all regulated air contaminants with National or New
				Mexico Ambient Air Quality Standards emitted are subject to permit review.
				Within this subsection, the potential emission rate for nitrogen dioxide shall
				be based on total oxides of nitrogen;
(2) Any person modifying a stationary source
				when all of the pollutant emitting activities at the entire facility, either
				prior to or following the modification, emit a regulated air contaminant for
				which there is a National or New Mexico Ambient Air Quality Standard with a
				potential emission rate greater than 10 pounds per hour or 25 tons per year and
				the regulated air contaminant is emitted as a result of the modification. If
				the specified threshold in this subsection is exceeded for any one regulated
				air contaminant, all regulated air contaminants with National or New Mexico
				Ambient Air Quality Standards emitted by the modification are subject to permit
				review. Within this subsection, the potential emission rate for nitrogen
				dioxide shall be based on total oxides of nitrogen;
(3) Any person constructing or modifying any
				source or installing any equipment which is subject to 20.2.77 NMAC (New Source
				Performance Standards), 20.2.78 NMAC (Emission Standards for Hazardous Air
				Pollutants), or any other New Mexico Air Quality Control Regulation which
				contains emission limitations for any regulated air contaminant;
(4) For toxic air pollutants, see 20.2.72.400
				NMAC - 20.2.72.499 NMAC;
(5) Any
				person constructing a stationary source which has a potential emission rate for
				lead greater than 5 tons per year or modifying a stationary source which either
				prior to or following the modification has a potential emission rate for lead
				greater than 5 tons per year; or
(6) Sources which are major sources of
				hazardous air pollutants by the definitions in 20.2.83 NMAC (Construction or
				Modification of Major Sources of Hazardous Air Pollutants).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 72 - CONSTRUCTION PERMITS › Section 20.2.72.201 - NEW SOURCE REVIEW COORDINATION

Current through Register Vol. 35, No. 13, July 16, 2024
In cases where the new source review requirements of either
				  20.2.74 NMAC, 20.2.77 NMAC, 20.2.78 NMAC, 20.2.79 NMAC, or 20.2.83 NMAC
				  (Construction or Modifications of Major Sources of Hazardous Air
				  Pollutants
)
apply to a new stationary source or modification
				  in addition to this Part, the following provisions apply:
A. Only one permit application shall be
				submitted. The applicant shall submit a sufficient number of copies to meet the
				requirement of the applicable Part which requires the most copies;
B. The application shall be ruled
				administratively complete when information required by all applicable Parts has
				been submitted;
C. Definitions and
				requirements of each applicable Part are applied separately and do not
				supersede each other; and
D. After
				the requirements of all applicable Parts are met, only one permit shall be
				issued.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 72 - CONSTRUCTION PERMITS › Section 20.2.72.204 - CONFIDENTIAL INFORMATION PROTECTION

Current through Register Vol. 35, No. 13, July 16, 2024
All confidentiality claims made regarding material submitted
				  to the Department under this Part shall be reviewed under the provisions of
				  20.2.1 NMAC (General Provisions).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 72 - CONSTRUCTION PERMITS › Section 20.2.72.205 - CONSTRUCTION, MODIFICATION AND PERMIT REVISION IN BERNALILLO COUNTY

Current through Register Vol. 35, No. 13, July 16, 2024
For the construction or modifications of sources within
				  Bernalillo County, the applicant shall make such applications to the air
				  quality control staff of the joint Albuquerque-Bernalillo County Air Quality
				  Control Board, unless that board loses, rejects or fails to exercise authority
				  for the administration and enforcement of the Air Quality Control Act, at which
				  time this Part shall apply in full in Bernalillo County.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 72 - CONSTRUCTION PERMITS › Section 20.2.72.207 - PERMIT DECISIONS AND APPEALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The Department shall, within thirty (30)
				days after its receipt of an application for a permit or significant permit
				revision, review such application and determine whether it is administratively
				complete. If the application is deemed:
(1)
				administratively complete, a letter to that effect shall be sent by certified
				mail to the applicant.
(2)
				administratively incomplete, a letter shall be sent by certified mail to the
				applicant stating what additional information or points of clarification are
				necessary to deem the application administratively complete. Upon receipt of
				the additional information or clarification, the Department shall promptly
				review such information and determine whether the application is
				administratively complete.
(3)
				administratively complete but no permit is required, a letter shall be sent by
				certified mail to the applicant informing the applicant of the
				determination.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 72 - CONSTRUCTION PERMITS › Section 20.2.72.208 - BASIS FOR DENIAL OF PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
The Department shall deny any application for a permit or
				  permit revision if considering emissions after controls:
A. It appears that the construction,
				modification or permit revision will not meet applicable regulations adopted
				pursuant to the Air Quality Control Act;
B. The source will emit a hazardous air
				pollutant or an air contaminant in excess of any applicable New Source
				Performance Standard or National Emission Standard for Hazardous Air Pollutants
				or a regulation of the board;
C.
				For toxic air pollutants, see 20.2.72.400 NMAC - 20.2.72.499 NMAC;
D. The construction, modification, or permit
				revision will cause or contribute to air contaminant levels in excess of any
				National Ambient Air Quality Standard or New Mexico Ambient Air Quality
				Standard unless the ambient air impact is offset by meeting the requirements of
				either 20.2.79 NMAC or 20.2.72.216 NMAC, whichever is applicable;
E. The construction, modification, or permit
				revision would cause or contribute to ambient concentrations in excess of a
				Prevention of Significant Deterioration (PSD) increment;
F. Any provision of the Air Quality Control
				Act will be violated;
G. It appears
				that the construction of the new source will not be completed within a
				reasonable time; or
H. The
				Department chooses to deny the application due to a conflict of interest in
				accelerated review as provided for under Subsection C of 20.2.72.221
				NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 72 - CONSTRUCTION PERMITS › Section 20.2.72.209 - ADDITIONAL LEGAL RESPONSIBILITIES ON APPLICANTS

Current through Register Vol. 35, No. 13, July 16, 2024
The issuance of a permit does not relieve any person from
				  civil or criminal liability for failure to comply with the provisions of the
				  Air Quality Control Act, the Federal Act, federal regulations thereunder, any
				  applicable regulations of the board, and any other applicable law or
				  regulation.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 72 - CONSTRUCTION PERMITS › Section 20.2.72.210 - PERMIT CONDITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				contents of the application specifically identified by the Department shall
				become terms and conditions of the permit or permit revision.
B. The Department shall, as appropriate,
				specify conditions upon a permit, including:
(1) Placement of individual emission limits
				determined on a case-by-case basis on the source for which the permit is
				issued, but such individual emission limits shall be only as restrictive as the
				more stringent of the following:
(a) The
				extent necessary to meet the requirements of the Air Quality Control Act and
				the Federal Act; or
(b) The
				emission rate specified in the permit application;
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 72 - CONSTRUCTION PERMITS › Section 20.2.72.211 - PERMIT CANCELLATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				Department shall automatically cancel any permit for any source which ceases
				operation for five years or more, or permanently. Reactivation of any source
				after the five year period shall require a new permit.
B. The Department may cancel a permit if 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, such cancellation shall be subject to the following
				procedures:
(1) At least thirty days prior to
				the cancellation of a permit, the Department shall notify the permittee by
				certified mail of the impending cancellation. The Department shall notify the
				permittee by certified mail of the cancellation of his permit and the reasons
				therefor. Construction, modification and, if required, interim operation shall
				cease upon the effective date of cancellation contained in the notice of
				cancellation. A permittee who has received notice that a permit is or will be
				cancelled may request a hearing before the board. The request must be made in
				writing to the board within thirty days after notice of the Department's action
				has been received by the permittee. Unless a timely request for hearing is
				made, the decision of the Department shall be final; and
(2) If a timely request for hearing is made,
				the board shall hold a hearing within thirty days after receipt of the request.
				The Department shall notify the permittee by certified mail of the date, time
				and place of the hearing. In the hearing the burden of proof shall be upon the
				permittee. The board may designate a hearing officer to take evidence in the
				hearing. Based upon the evidence presented at the hearing, the board shall
				sustain, modify or reverse the action of the Department.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 72 - CONSTRUCTION PERMITS › Section 20.2.72.212 - PERMITTEE'S NOTIFICATION REQUIREMENTS TO DEPARTMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Any owner or operator subject to this Part shall notify the
				  Department in writing of or provide the Department with:
A. Anticipated date of initial startup of a
				source not less than thirty (30) days prior to the date;
B. Actual date of initial startup of a source
				within fifteen (15) days after the startup date;
C. Any change of operators within fifteen
				(15) days of such change;
D. Any
				necessary update or correction no more than sixty (60) days after the operator
				knows or should have known of the condition necessitating the update or
				correction of the permit.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 72 - CONSTRUCTION PERMITS › Section 20.2.72.213 - STARTUP AND FOLLOWUP TESTING

Current through Register Vol. 35, No. 13, July 16, 2024
Within sixty (60) days after achieving the maximum production
				  rate at which the source will be operated but not later than one hundred eighty
				  (180) days after initial startup of the source, the owner or operator of the
				  source may be required to conduct a performance test. The test method utilized
				  shall be approved by the Department. Whenever the requirements of 40 CFR 60 or
				  61 apply, test methods must be utilized as specified in those regulations. The
				  owner or operator shall notify the Department at least thirty (30) days prior
				  to the test date and allow a representative of the Department to be present at
				  the test. A written report of the results of the test shall be submitted to the
				  Department by the owner or operator within thirty (30) days from the test date.
				  This requirement may be reimposed on a source as necessary if inspections of
				  the source indicate noncompliance with permit conditions subject to such
				  testing, or the previous test showed noncompliance or was technically
				  unsatisfactory. In such cases, the test requirement may be reimposed as
				  frequently as necessary until compliance is achieved and testing is performed
				  in a technically satisfactory manner. This testing requirement may be waived if
				  the source is a member of a class subject to an exemption from this requirement
				  pursuant to
				  20.2.72.214
				  NMAC, and has agreed to comply with, and its permit contains, enforceable
				  design, operational and locational protocols set by the Department for the
				  class of sources to which the source belongs.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 72 - CONSTRUCTION PERMITS › Section 20.2.72.214 - SOURCE CLASS EXEMPTION PROCESS (PERMIT STREAMLINING)

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon application by any person or group of
				persons, or upon the initiative of the Department, the board may exempt any
				source or class of sources, from any procedural requirement of this Part except
				the requirement to obtain a permit prior to commencement of construction if the
				board finds that the conditions set forth below in this section have been met.
				When possible, comprehensive exemptions shall be established for source classes
				in order to conduct expedited, streamlined permit processing for any applicant
				whose source is a member of such class. Exemptions may be granted only after a
				public hearing of the board, at which time the basis for such exemption shall
				be presented and any interested person allowed to comment and to question any
				witness. The board's decision that an exemption under this section is justified
				shall be based at a minimum on each of the following findings:
(1) The Department has substantial actual
				experience with or knowledge of the specific class of sources proposed for
				exemption, that such experience or knowledge is material to the application for
				exemption, and that such experience or knowledge includes modeling and analysis
				of a representative sample of such sources. Such knowledge may be acquired
				through, but not limited to, direct Department experience with such sources, or
				the review of other regulatory agencies' experience, records, documentation and
				formal actions, or through publications of professional organizations and
				societies upon which engineers and scientists would conventionally rely in
				formulating a professional judgment;
(2) The sources possess sufficiently common
				characteristics of operation, process technology, emissions, emission control
				technology and impact on air quality that with respect to the specific
				requirements proposed to be exempted, protocols have been developed which, if
				applied to all members of that class, will ensure that air quality is protected
				at least as well as would be accomplished by the full permit review process;
				and
(3) Under such an exemption,
				compliance with all federal and state air quality laws, regulations, standards
				and emissions limitations will be assured.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 72 - CONSTRUCTION PERMITS › Section 20.2.72.215 - EMERGENCY PERMIT PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				Department may issue an emergency permit when the Secretary determines an
				emergency exists which threatens the public health, safety or welfare, and
				which requires the rapid construction or modification of, or installation of
				equipment in, a facility subject to this Part in order to mitigate, prevent or
				remedy such emergency.
B.
				Department personnel shall verify that the source, operating in accordance with
				the permit issued, can and will meet all applicable standards, emissions
				limitations and conditions before authorizing start-up in order to ensure that
				the public emergency is not worsened by excess or improperly controlled air
				pollution.
C. An emergency caused
				by any negligent or unlawful action or operation of the facility or the
				facility owner or operator, including but not limited to failure to apply
				timely for a permit or revision, shall not constitute an emergency for the
				purposes of this section.
D. The
				requirements of Paragraphs 5 and 6 of Subsection A of 20.2.72.206 NMAC,
				Subsection C of 20.2.72.206 NMAC, and Subsections A and B of 20.2.72.207 NMAC
				shall not apply to emergency permits processed under this section.
E. Construction shall not commence until the
				emergency permit is issued.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 72 - CONSTRUCTION PERMITS › Section 20.2.72.216 - NONATTAINMENT AREA REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The requirements of this section apply to:
(1) a new source or modification of an
				existing source that will emit a regulated air contaminant such that the
				ambient impact of the contaminant would exceed the significant ambient
				concentration in 20.2.72.500 NMAC, table 1, at any location that does not meet
				the New Mexico ambient air quality standard for the contaminant;
(2) a new source or modification of an
				existing source that is not a major stationary source or major modification as
				defined in 20.2.79 NMAC and that will emit a regulated air contaminant such
				that the ambient impact of the contaminant would exceed the significant ambient
				concentration in table 1 at any location that does not meet the national
				ambient air quality standard for the contaminant ; or
(3) an existing source that does not propose
				an increase in emissions and that will emit a regulated air contaminant such
				that the ambient impact of the contaminant would exceed the significant ambient
				concentration in 20.2.72.500 NMAC (table 1) at any location that does not meet
				the national or New Mexico ambient air quality standard for the
				contaminant.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 72 - CONSTRUCTION PERMITS › Section 20.2.72.217 - COMPLIANCE CERTIFICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Notwithstanding any other provision in the New Mexico State Implementation Plan
				approved by the Administrator, for the purpose of determining compliance, an
				owner or operator is not prohibited from using monitoring as required under
				20.2.70 NMAC and incorporated into an operating permit in addition to any
				specified compliance methods.
B.
				The requirements of this section are only applicable to those sources which, in
				addition to being subject to this Part are either: defined as a major source
				under 20.2.70 NMAC (Operating Permits), or; subject to 20.2.82 NMAC (Maximum
				Achievable Control Technology Standards for Source Categories of Hazardous Air
				Pollutants).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 72 - CONSTRUCTION PERMITS › Section 20.2.72.218 - ENFORCEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Notwithstanding any other provision in the New Mexico State
				  Implementation Plan approved by the Administrator, any credible evidence may be
				  used for the purpose of establishing whether a person has violated or is in
				  violation of the terms or conditions of a permit issued pursuant to this Part,
				  including permits for sources meeting the applicability requirements 20.2.74
				  NMAC (Prevention of Significant Deterioration), or 20.2.79 NMAC (Permits -
				  Nonattainment Areas).
A. Information
				from the use of the following methods is presumptively credible evidence of
				whether a violation has occurred at the source:
(1) A monitoring or information gathering
				method approved for the source pursuant to 20.2.70 NMAC and incorporated in an
				operating permit; or
(2) Compliance
				methods specified in the New Mexico State Implementation Plan.