N.M. Code R. § 20.11.41.28

Current through Register Vol. 35, No. 11, June 11, 2024

Section 20.11.41.28 - ADMINISTRATIVE AND TECHNICAL PERMIT REVISIONS

A.Administrative permit revision:

(1) An administrative permit revision may be used by the department or requested by a permittee to revise a permit that has been issued pursuant to 20.11.41 NMAC in order to:

(a) correct a typographical error;

(b) identify a change in ownership, name, address or contact information of any person identified in the permit; or

(c) incorporate a change in the permit if the change is limited to retiring an emission unit at the facility, which shall be effective when the department receives written notice that the emission unit has ceased operation; and

(d) incorporate a change in the permit to include a source or activity at the facility if the facility or activity is exempted by Paragraph (3) of Subsection F of 20.11.41.2 NMAC.

(2) An administrative permit revision shall:

(a) not be subject to Subsection B of 20.11.41.13 NMAC, Applicant's Public Notice Requirements;

(b) not be subject to 20.11.41.14 NMAC, Public Notice by Department - Public Participation;

(c) be subject to 20.11.41.12 NMAC, Fees for Permit Application Review; and

(d) be submitted on forms provided by the department.

(3) When the department receives a revision form, the department shall review the form. If the department determines the revision qualifies as an administrative revision, the department shall file the revision with the permit. However, the procedure authorized by Subsection A of 20.11.41.28 NMAC may not be used to create federally enforceable conditions or emissions limitations to avoid any applicable requirement.

B.Technical permit revision:

(1) A technical permit revision may be requested by a permittee provided that it does not require air dispersion modeling and meets one or more of the following criteria:

(a) to incorporate a change in the permit if the change only involves a change in monitoring, record keeping or reporting requirements, if the department determines the change does not reduce the enforceability of the permit;

(b) to incorporate a change in the permit that only involves additional equipment with no increase in potential emission rate;

(c) to incorporate a change in the permit if the change only involves incorporating permit conditions, including emissions limitations, but only if the source existed on August 31, 1972, and the source has been in regular operation since that date;

(d) if the permittee wishes to impose a voluntary reduction of an emission limitation that was included as a specific permit conditions pursuant to Subsection B of 20.11.41.19 NMAC, Permit Conditions;

(e) to incorporate a change at a facility by replacing an emissions unit for which an allowable emissions limit has been established in the permit, but only if the replacement emissions unit as determined by the department:

(i) is equivalent to the replaced emissions unit and serves the same function within the facility and process;

(ii) has the same or lower capacity and potential emission rates;

(iii) has the same or higher control efficiency and stack parameters that are at least as effective in dispersing air pollutants;

(iv) would not result in an increase of the potential emission rate of any other equipment at the facility;

(v) is subject to the same or lower allowable emissions limits as the current permit prior to making the replacement and to all other original permit conditions prior to making the technical permit revision request;

(vi) will not cause or contribute to a violation of any NAAQS and NMAAQS when operated under applicable permit conditions;

(vii) will not require additional permit conditions to ensure the enforceability of the permit, such as additional record keeping or reporting in order to establish compliance; and

(viii) does not emit a regulated air contaminant not previously emitted;

(f) to reduce the potential emission rate of a unit or source, by incorporating terms and conditions in the permit, such as a cap on hours of operation, limitations on throughput of a specific product or products, or limitations on equipment capacity; or

(g) to incorporate a change in the permit that only involves the addition of air pollution control equipment or the substitution of a different type of air pollution control equipment to existing equipment if the requested addition or substitution shall not result in an increase in the potential emission rate.

(2) An application for a technical revision to a permit shall:

(a) not be subject to 20.11.41.13 NMAC, Applicant's Public Notice Requirements;

(b) be subject to 20.11.41.12 NMAC, Fees for Permit Application Review;

(c) not be subject to 20.11.41.14 NMAC, Public Notice by Department - Public Participation; and

(d) be submitted on forms provided by the department, with all information submitted by the applicant certified as required by Paragraph (13) of Subsection E of 20.11.41.13 NMAC.

(3) Within 30 days of receipt of the application, the department shall approve or deny the application for the technical permit revision, or inform the applicant in writing that the request must be submitted as a permit modification.

(4) The department may deny an application for a technical permit revision or require that the application be submitted as a permit modification if:

(a) the proposed revision does not meet the criteria included in Subsection B of 20.11.41.28 NMAC;

(b) in the judgment of the department, the revision would require a decision on a significant or complex issue, or involve a substantive change; or

(c) in the judgment of the department, the permittee has submitted multiple or subsequent applications for technical permit revisions under 20.11.41.28 NMAC that segment a larger revision or modification that otherwise would not be eligible for a technical permit revision.

(5) The technical permit revision shall become effective when approved in writing by the department. The department shall file the technical permit revision with the permit. However, the procedure established in 20.11.41.28 NMAC may not be used to create federally enforceable conditions or emissions limitations to avoid an applicable requirement.

N.M. Code R. § 20.11.41.28

20.11.41.28 NMAC - N, 1/1/14, Amended by New Mexico Register, Volume XXVIII, Issue 22, November 28, 2017, eff. 12/13/2017