N.M. Code R. § 20.11.62.14

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

Section 20.11.62.14 - ACID RAIN PERMIT APPLICATIONS

A. Requirement to Apply:

(1) Duty to Apply: The designated representative of any source with an affected unit shall submit a complete Acid Rain permit application by the applicable deadline in Paragraphs (2) and (3), of Subsection A of 20.11.62.14 NMAC, and the owners and operators of such source and any affected unit at the source shall not operate the source or unit without a permit that states its Acid Rain Program requirements.

(2) Deadlines:

(a) For any source with an existing unit described under Subparagraph (b), of Paragraph (1), of Subsection A of 20.11.62.12 NMAC, the designated representative shall submit a complete Acid Rain permit application governing such unit to the Department on or before January 1, 1996.

(b) For any source with a new unit described under Item (i), of Subparagraph (c), of Paragraph (1), of Subsection A of 20.11.62.12 NMAC the designated representative shall submit a complete Acid Rain permit application governing such unit to the Department at least 24 months before the later of January 1, 2000 or the date on which the unit commences operation.

(c) For any source with a unit described under Item (ii), of Subparagraph (c), of Paragraph (1), of Subsection A of 20.11.62.12 NMAC, the designated representative shall submit a complete Acid Rain permit application governing such unit to the Department at least 24 months before the later of January 1, 2000 or the date on which the unit begins to serve a generator with a nameplate capacity greater than 25 MWe.

(d) For any source with a unit described under Item (iii), of Subparagraph (c), of Paragraph (1), of Subsection A of 20.11.62.12 NMAC, the designated representative shall submit a complete Acid Rain permit application governing such unit to the Department at least 24 months before the later of January 1, 2000 or the date on which the auxiliary firing commences operation.

(e) For any source with a unit described under Item (iv), of Subparagraph (c), of Paragraph (1), of Subsection A of 20.11.62.12 NMAC, the designated representative shall submit a complete Acid Rain permit application governing such unit to the Department before the later of January 1, 1998 or March 1 of the year following the three calendar year period in which the unit sold to a utility power distribution system an annual average of more than one-third of its potential electrical output capacity and more than 219,000 MWe-hrs actual electric output (on a gross basis).

(f) For any source with a unit described under Item (iii), of Subparagraph (c), of Paragraph (1), of Subsection A of 20.11.62.12 NMAC, the designated representative shall submit a complete Acid Rain permit application governing such unit to the Department before the later of January 1, 1998 or March 1 of the year following the calendar year in which the facility fails to meet the definition of qualifying facility.

(g) For any source with a unit described under Item (vi), of Subparagraph (c), of Paragraph (1), of Subsection A of 20.11.62.12 NMAC, the designated representative shall submit a complete Acid Rain permit application governing such unit to the Department before the later of January 1, 1998 or March 1 of the year following the calendar year in which the facility fails to meet the definition of an independent power production facility.

(h) For any source with a unit described under Item (vii), of Subparagraph (c), of Paragraph (1), of Subsection A of 20.11.62 200 NMAC, the designated representative shall submit a complete Acid Rain permit application governing such unit to the Department before the later of January 1, 1998 or March 1 of the year following the three calendar year period in which the incinerator consumed 20 percent or more fossil fuel (on a Btu basis).

(3) Duty to Reapply: The designated representative shall submit a complete Acid Rain permit application for each source with an affected unit at least 6 months or such longer time as may be approved under 40 CFR part 70 prior to the expiration of an existing Acid Rain permit governing the unit.

(4) The original and three copies of all permit applications shall be submitted to the Department.

B. Information Requirements For Acid Rain Permit Applications: A complete Acid Rain permit application shall be submitted on a form approved by the Department, which includes the following elements:

(1) identification of the affected source for which the permit application is submitted,

(2) identification of each affected unit at the source for which the permit application is submitted,

(3) a complete compliance plan for each unit, in accordance with 20.11.62.15 NMAC,

(4) the standard requirements under Subsection D of 20.11.62.12 NMAC, and

(5) if the unit is a new unit, the date that the unit has commenced or will commence operation and the deadline for monitor certification.

C. Permit Application Shield and Binding Effect of permit Application:

(1) Once a designated representative submits a timely and complete Acid Rain permit application, the owners and operators of the affected source and the affected units covered by the permit application shall be deemed in compliance with the requirement to have an Acid Rain permit under Subparagraph (b), of Paragraph (1), of Subsection D of 20.11.62.12 NMAC and Paragraph (1), of Subsection A of 20.11.62.14 NMAC; provided that any delay in issuing an Acid Rain permit is not caused by the failure of the designated representative to submit in a complete and timely fashion supplemental information, as required by the Department, necessary to issue a permit.

(2) Prior to the earlier of the date on which an Acid Rain permit is issued as a final agency action subject to judicial review, an affected unit governed by and operated in accordance with the terms and requirements of a timely and complete Acid Rain permit application shall be deemed to be operating in compliance with the Acid Rain Program.

(3) A complete Acid Rain permit application shall be binding on the owners and operators and the designated representative of the affected source and the affected units covered by the permit application and shall be enforceable as an Acid Rain permit from the date of submission of the permit application until the issuance or denial of such permit as a final agency action subject to judicial review.

N.M. Code R. § 20.11.62.14

1/1/96; 20.11.62.14 NMAC - Rn, 20 NMAC 11.62.II.3, 10/1/02