N.M. Code R. § 20.11.42.2

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

Section 20.11.42.2 - SCOPE

A. 20.11.42 NMAC sources: Operating permits must be obtained from the department for the following sources:

(1) any major source;

(2) any source, including an area source, subject to a standard or other requirement promulgated under Section 111 - Standards of Performance for New Stationary Sources, or Section 112 - National Emission Standards for Hazardous Air Pollutants, of the federal act, but not including any source which:

(a) is exempted under Subparagraph (b), of Paragraph (1), of Subsection C of 20.11.42.2 NMAC; or

(b) would be required to obtain a permit solely because it is subject to regulations or requirements under Section 112(r),Prevention of Accidental Releases of the federal act;

(3) any acid rain source; and

(4) any source in a source category so designated by the administrator, in whole or in part, by regulation, after notice and comment.

B. Requirement for a permit:

(1) A 20.11.42 NMAC source may operate after the time that it is required to submit a timely and complete application under 20.11.42 NMAC only if:

(a) the source is in compliance with an operating permit issued by the department or EPA; or

(b) a timely permit (including permit renewal) application has been submitted consistent with Subsection A of 20.11.42.12 NMAC; the ability to operate under these circumstances shall cease if the applicant fails to submit by the deadline specified in writing by the department any additional information identified as being needed to process the application.

(2) Revocation or termination of a permit by the department terminates the permittee's right to operate.

(3) The submittal of a complete operating permit application shall not protect any source from any applicable requirement, including any requirement that the source have a pre-construction permit under Title I of the federal act or board regulations.

C. Source category exemptions and deferrals:

(1) The following source categories are exempted from the obligation to obtain an operating permit:

(a) all sources and source categories that would be required to obtain a permit solely because they are subject to 40 CFR Part 60, Subpart AAA - Standards of Performance for New Residential Wood Heaters;

(b) all sources and source categories that would be required to obtain a permit solely because they are subject to 40 CFR Part 61, Subpart M - National Emission Standard for Hazardous Air Pollutants for Asbestos, Section 61.145, Standard for Demolition and Renovation;

(c) except as required under Section 20.11.42.14 NMAC, any source that would be required to obtain a permit solely because of emissions of radionuclides; and

(d) any source in a source category exempted by the administrator, by regulation, after notice and comment.

(2) Non-major sources, including those subject to Sections 111 or 112 of the federal act are exempt from the obligation to obtain a 20.11.42 NMAC permit until the administrator completes a rulemaking requiring such sources to obtain operating permits.

(3) Any source exempted from the requirement to obtain an operating permit may opt to apply for a permit under 20.11.42 NMAC.

D. Reserved.

E. Indian tribal jurisdiction: The requirements of 20.11.42 NMAC do not apply to sources within Indian tribal jurisdiction. For the operation of sources in that jurisdiction, the applicant shall make such applications to the tribal authority or to the administrator, as appropriate.

N.M. Code R. § 20.11.42.2

3/1/94. . .12/1/95; 20.11.42.2 NMAC - Rn, 20 NMAC 11.42.I.2, 10/1/02; A, 8/10/09