N.M. Code R. § 20.11.39.18

Current through Register Vol. 35, No. 12, June 25, 2024

Section 20.11.39.18 - AMENDING AN AIR QUALITY NOTIFICATION

Owners and operators of sources to which this part applies shall notify the department within 30 days of any change in information in an effective AQN as follows.

A.Administrative Amendments:

(1) When information required by Paragraphs (1) or (2) of Subsection B of 20.11.39.14 NMAC changes, the owner or operator shall notify the department in writing of the new information within 30 days of the change. Failure to timely notify the department as required by this subsection is a violation of Part 39.

(2) The department shall notify the owner or operator within 30 days that it has received the changed information and shall issue an amended AQN by electronic mail or such other means as may be necessary.

(3) The owner or operator shall not be required to pay a fee for notifying the department of the change or receiving an amended AQN.

B.Technical Amendments:

(1) When an owner or operator proposes to change the operation of a Part 39 source which was described in information required by Paragraphs (3) or (6) of Subsection B of 20.11.39.14 NMAC, the owner or operator shall submit an application for an amended AQN at least 30 days prior to making any change and shall pay the appropriate fee with the application. Failure to timely apply to the department as required by this subsection is a violation of Part 39. No change shall be made until the department issues an amended AQN or denies the amended AQN.

(2) Within 45 days after the department has received a complete application for an amended AQN, the department shall issue or deny the amended AQN. If the amended AQN is issued, the department shall send a copy of the amended AQN to the applicant by electronic mail, or such other means as may be necessary. If the amended AQN is denied, the department shall send a notice of denial to the applicant by electronic mail, or such other means as may be necessary.

(3) If the department determines that the application for an amended AQN is incomplete, that Part 39 does not authorize the source to receive an amended AQN, or that some other action is necessary, up to and including denial of an amended AQN, the department shall inform the applicant by electronic mail, or such other means as may be necessary.

(4) The department shall not require any Part 39 source to submit air dispersion modeling with its application for an amended AQN.

N.M. Code R. § 20.11.39.18

Adopted by New Mexico Register, Volume XXVIII, Issue 23, December 12, 2017, eff. 12/21/2017