N.M. Code R. § 20.11.41.23

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

Section 20.11.41.23 - TEMPORARY RELOCATION OF PORTABLE STATIONARY SOURCES

A. Portable aerospace ground equipment exempted by Subparagraph (f) of Paragraph (2) of Subsection F of 20.11.41.2 NMAC and portable support equipment exempted by Subparagraph (g) of Paragraph (2) of Subsection F of 20.11.41.2 NMAC are not subject to the requirements of 20.11.41.23 NMAC.

B. The permittee of a portable stationary source may submit a written request to the department seeking approval to temporarily relocate and operate the portable stationary source. Temporary relocations shall not exceed a total of 365 consecutive days.

C. The permittee of a portable stationary source shall not construct or operate at the new location until the department approves the relocation request in writing.

D. The permittee of a portable stationary source shall submit a relocation application no fewer than 45 days before the date the permittee proposes to commence operations at a new location within Bernalillo county. The permittee shall operate the portable stationary source at the proposed new location as required by the permit conditions unless the department imposes additional or more restrictive operational requirements or conditions in writing during the approval process. The relocation application shall:

(1) be submitted on forms provided by the department with fee required by 20.11.2 NMAC;

(2) include for each process unit an equipment list that shall include make, model and manufacture date; serial number; rated capacity; production rates; and emissions estimates;

(3) include a description of all stationary sources that have an air quality source registration or permit, and all residences, offices, schools, community centers and medical facilities that are located within one-quarter of a mile of the proposed new location of the portable stationary source;

(4) unless waived in writing by the department, include an EPA-approved air dispersion model executed for the proposed new location that demonstrates compliance with the NAAQS and the NMAAQS; the modeling protocol shall comply with the air dispersion modeling requirements of Paragraph (4) of Subsection E of 20.11.41.13 NMAC;

(5) include all information required by 20.11.41.13 NMAC determined to be relevant by the department and all additional information the department reasonably requires; and

(6) be signed by the operator, owner or an authorized representative certifying to the accuracy of all information included in the application and any attachments.

E. The department may take into consideration the proposed duration of operation, the proposed location, the nature and amount of emissions, anticipated public concerns and other relevant factors in determining whether to require public notice as specified in Subsection B of 20.11.41.13 NMAC. At a minimum, at the time the relocation application is submitted, the permittee shall provide proof that a weather-proof sign provided by the department has been posted at the more visible of either the proposed or existing facility entrance or other location on the property boundary. The applicant shall list on the sign all information required by Subsection C of 20.11.41.13 NMAC. The weather-proof sign shall remain posted and maintained until the department makes a final decision regarding the location request.

F. The department may hold a PIH for good cause.

G. The department may deny the request to relocate the portable stationary source if the relocation application does not include all information required by Subsection D of 20.11.41.23 NMAC, or if the relocation application is submitted to the department fewer than 45 days before the proposed relocation date.

H. The department shall not approve the relocation if the department determines the relocation will result in an exceedance of any NAAQS or NMAAQS at the proposed new location.

I. No more than 45 days after the department receives the relocation application, the department shall approve the relocation, deny the relocation, approve the relocation with conditions or hold a PIH regarding the relocation request. The department shall notify the permittee by certified mail regarding the department's decision.

J. If the stationary source has been issued a permit pursuant to a board regulation but has not been designated in the permit as a portable stationary source, and the source wishes to relocate within Bernalillo county or be classified as a portable stationary source, the request to relocate or reclassify the source shall be treated as a proposed permit modification and the permittee shall comply with the requirements of 20.11.41.29 NMAC.

N.M. Code R. § 20.11.41.23

20.11.41.23 NMAC - N, 1/1/14