New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 61 - PREVENTION OF SIGNIFICANT DETERIORATION › Section 20.11.61.12 - 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 20.11.61 NMAC shall be subject
				to enforcement action.
B. Approval
				to construct shall not relieve any person from the responsibility to comply
				fully 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 construction is not commenced within 18 months after receipt of such
				approval, if construction is discontinued for a period of 18 months or more, or
				if construction is not completed within a reasonable time; the administrator
				may extend the 18-month period upon a satisfactory showing that an extension is
				justified; this provision does not apply to the time period between
				construction of the approved phases of a phased construction project; each
				phase must commence construction within 18 months of the projected and approved
				commencement date.
D. At such time
				that a particular source or modification becomes a major stationary source or
				major modification solely by virtue of a relaxation in any enforceable
				limitation which 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 20.11.61 NMAC shall apply to the source or
				modification as though construction had not yet commenced on the source or
				modification.
E. Except as
				otherwise provided in Paragraph (6) of Subsection E of 20.11.61.12 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) of Subsection E of
				20.11.61.12 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 VV of 20.11.61.7 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 NSR 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 NSR pollutant, including the baseline
				actual emissions, the projected actual emissions, the amount of emissions
				excluded under Paragraph (3) of Subsection VV of 20.11.61.7 NMAC and an
				explanation for why such amount was excluded, and any netting calculations, if
				applicable.