N.M. Code R. § 20.11.41.19

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

Section 20.11.41.19 - PERMIT CONDITIONS

A. The contents of a permit application specifically identified by the department shall become terms and conditions of the permit.

B. The department shall impose conditions upon a permit as authorized by the state act and as the department determines to be appropriate, including:

(1) placement of individual emission limits on the source for which the permit is issued, as determined on a case-by-case basis, but the 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 federal act, state act or board regulations; or

(b) the emission rate specified in the permit application;

(2) a requirement that the source install and operate control technology, determined on a case-by-case basis, sufficient to meet the requirements of the federal act, state act or board regulations;

(3) compliance with applicable NSPS and NESHAP;

(4) imposition of reasonable restrictions and limitations to prevent or abate air pollution not relating to emission limits or emission rates; examples include monitoring, recordkeeping and reporting; reporting administrative revisions; notifications; posting of permit; and substitution of equipment not resulting in an increase in emissions;

(5) any combination of the above; and

(6) in the case of a modification, the requirements of Subsection B of 20.11.41.19 NMAC apply only to the emission units involved in the modification.

C. The department may impose additional conditions in order to meet requirements of the federal act, the state act or a board regulation including:

(1) a schedule of construction;

(2) a condition requiring timely revision of permit terms or conditions;

(3) sampling ports of a size, number and location as the department may require;

(4) safe access to each port;

(5) instrumentation to monitor and record emission data including continuous emission monitoring;

(6) any other reasonable sampling, testing and ambient monitoring and meteorological facilities and protocols;

(7) periodic testing pursuant to 20.11.41.22 NMAC, Performance Testing;

(8) maintaining records of the nature and amount of emission;

(9) periodic reports to the department regarding the nature and amounts of emissions;

(10) maintaining records of air pollution control equipment performance; and

(11) monitoring, recordkeeping and reporting for hours of operation, throughput, capacity and other parametric information.

D. Every term or condition included in a permit is enforceable to the same extent as a regulation of the board.

N.M. Code R. § 20.11.41.19

20.11.41.19 NMAC - Rp, 20.11.41.18 NMAC, 1/1/14