New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 74 - PERMITS - PREVENTION OF SIGNIFICANT DETERIORATION (PSD) › Section 20.2.74.300 - OBLIGATIONS OF OWNERS OR OPERATORS OF SOURCES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any owner or operator who begins actual
				construction or operates a source or modification without, or not in accordance
				with, a permit issued under the requirements of this part shall be subject to
				enforcement action.
B. The issuance
				of a permit does not relieve any person from the responsibility of complying
				with the provisions of the Air Quality Control Act, sections
				74-2-1 to
				74-2-17,
				NMSA 1978; any applicable regulations of the board; and any other requirements
				under local, state, or federal law.
C. Approval to construct shall become invalid
				if: 1) construction is not commenced within eighteen (18) months after receipt
				of such approval; 2) if construction is discontinued for a period of eighteen
				(18) months or more; or 3) if construction is not completed within a reasonable
				time. For a phased construction project, each phase must commence construction
				within eighteen (18) months of the projected and approved commencement date.
				The secretary may extend the eighteen (18) month period upon a satisfactory
				showing that an extension is justified.
D. If a source or modification becomes a
				major stationary source or major modification solely due to a relaxation in any
				enforceable limitation (which limitation was established after August 7, 1980),
				on the capacity of the source or modification otherwise to emit a pollutant,
				such as a restriction on hours of operation, then this part shall apply to the
				source or modification as though construction had not yet commenced.
E. Except as otherwise provided in Paragraph
				(6) under this subsection (Subsection E of 20.2.74.300 NMAC), the following
				specific provisions apply with respect to any regulated NSR pollutant emitted
				from projects at existing emissions units at a major stationary source (other
				than projects at a source with a PAL) in circumstances where there is a
				reasonable possibility, within the meaning of Paragraph (6) under this
				subsection (Subsection E of 20.2.74.300 NMAC), that a project that is not a
				part of a major modification may result in a significant emissions increase of
				such pollutant, and the owner or operator elects to use the method specified in
				Paragraphs (1) through (3) of Subsection AR of 20.2.74.7 NMAC for calculating
				projected actual emissions.
(1) Before
				beginning actual construction of the project, the owner or operator shall
				document and maintain a record of the following information:
(a) a description of the project;
(b) identification of the emissions unit(s)
				whose emissions of a regulated new source review pollutant could be affected by
				the project; and
(c) a description
				of the applicability test used to determine that the project is not a major
				modification for any regulated new source review pollutant, including the
				baseline actual emissions, the projected actual emissions, the amount of
				emissions excluded under Paragraph (3) of Subsection AR of 20.2.74.7 NMAC and
				an explanation for why such amount was excluded, and any netting calculations,
				if applicable.