N.M. Code R. § 20.11.62.17

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

Section 20.11.62.17 - ACID RAIN PERMIT ISSUANCE PROCEDURES

A. General: The Department will issue or deny all Acid Rain permits in accordance with 20.11.42 NMAC, including the completeness determination, draft permit, administrative record, statement of basis, public notice and comment period, public hearing, proposed permit, permit issuance, permit revision, and appeal procedures as amended by Sections 205 and 206 of 20.11.62 NMAC.

B. Completeness: The Department will submit a written notice of application completeness to the EPA within 10 working days following a determination by the Department that the Acid Rain permit application is complete.

C. Statement of Basis:

(1) The statement of basis will briefly set forth significant factual, legal, and policy considerations on which the Department relied in issuing or denying the draft permit.

(2) The statement of basis will include the reasons, and supporting authority, for approval or disapproval of any compliance options requested in the permit application, including references to applicable statutory or regulatory provisions and to the administrative record.

(3) The Department will submit to the EPA a copy of the draft Acid Rain permit and the statement of basis and all other relevant portions of the operating permit that may affect the draft Acid Rain permit.

D. Issuance of Acid Rain Permits:

(1) Proposed permit: After the close of the public comment period, the Department will incorporate all necessary changes and issue or deny a proposed Acid Rain permit.

(2) The Department will submit the proposed Acid Rain permit or denial of a proposed Acid Rain permit to the EPA in accordance with 20.11.42 NMAC, the provisions of which shall be treated as applying to the issuance or denial of a proposed Acid Rain permit.

(3) Following the EPA's review of the proposed Acid Rain permit or denial of a proposed Acid Rain permit, the Department or, under 20.11.42 NMAC (treated as applying to the issuance or denial of an Acid Rain permit), the EPA will incorporate any required changes and issue or deny the Acid Rain permit in accordance with 20.11.62.16 NMAC. No Acid Rain permit (including a draft or proposed permit) shall be issued unless the EPA has received a certificate of representation for the designated representative of the source in accordance with 40 CFR Part 72 Subpart B.

(4) Permit issuance deadline and effective date:

(a) On or before December 31, 1997, the Department will issue an Acid Rain permit to each affected source whose designated representative submitted a timely and complete Acid Rain permit application by January 1, 1996 in accordance with Subsection A of 20.11.62.13 NMAC and meets the requirements of 20.11.62.17 NMAC and 20.11.42 NMAC.

(b) Nitrogen Oxides: Not later than January 1, 1999, the Department will reopen the Acid Rain permit to add the Acid Rain Program nitrogen oxides requirements; provided that the designated representative of the affected source submitted a timely and complete Acid Rain permit application for nitrogen oxides in accordance with Subsection A of 20.11.62.13 NMAC. Such reopening shall not affect the term of the Acid Rain portion of an operating permit.

(c) Each Acid Rain permit issued in accordance with Subparagraph (a), of Paragraph (4), Subsection D of 20.11.62.17 NMAC shall take effect by the later of January 1, 2000, or, where the permit governs a unit under Subparagraph (c), of Paragraph (1), of Subsection A of 20.11.62.12 NMAC, the deadline for monitor certification under 40 CFR Part 75.

(d) Each Acid Rain permit shall have a term of 5 years commencing on its effective date.

(e) An Acid Rain permit shall be binding on any new owner or operator or designated representative of any source or unit governed by the permit.

(5) Each Acid Rain permit shall contain all applicable Acid Rain requirements, shall be a portion of the operating permit that is complete and segregable from all other air quality requirements, and shall not incorporate information contained in any other documents, other than documents that are readily available. Invalidation of the Acid Rain portion of an operating permit shall not affect the continuing validity of the rest of the operating permit, nor shall invalidation of any other portion of the operating permit affect the continuing validity of the Acid Rain portion of the permit.

E. Acid Rain Permit Appeal Procedures:

(1) Appeals of the Acid Rain portion of an operating permit issued by the Department that do not challenge or involve decisions or actions of the EPA under 40 CFR Part 72, 73, 74, 75, 76, 77 and 78 and regulations implementing 40 CFR Part 74 and 76 shall be conducted pursuant to ROA 1994 Section 9-5-1 -7. Appeals of the Acid Rain portion of such a permit that challenge or involve such decisions or actions of the EPA shall follow the procedures under 40 CFR Part 78 and Section 307 of the Act. Such decisions or actions include, but are not limited to, allowance allocations, determinations concerning alternative monitoring systems, and determinations of whether a technology is a qualifying repowering technology.

(2) No administrative appeal or judicial appeal of the Acid Rain portion of an operating permit shall be allowed more than 30 days following respectively issuance of the Acid Rain portion that is subject to administrative appeal or issuance of the final agency action subject to judicial appeal.

(3) The EPA may intervene as a matter of right in any State administrative appeal of an Acid Rain permit or denial of an Acid Rain permit.

(4) No administrative appeal concerning an Acid Rain requirement shall result in a stay of the following requirements:

(a) the allowance allocations for any year during which the appeal proceeding is pending or is being conducted,

(b) any standard requirement under Subsection D of 20.11.62.12 NMAC,

(c) the emissions monitoring and reporting requirements applicable to the affected units at an affected source under 40 CFR Part 75,

(d) uncontested provisions of the decision on appeal, and

(e) the terms of a certificate of representation submitted by a designated representative under 40 CFR Part 72 Subpart B.

(5) The Department will serve written notice on the Administrator of any State administrative or judicial appeal concerning an Acid Rain provision of any operating permit or denial of an Acid Rain portion of any operating permit within 30 days of the filing of the appeal.

(6) The Department will serve written notice on the Administrator of any determination or order in a State administrative or judicial proceeding that interprets, modifies, voids, or otherwise relates to any portion of an Acid Rain permit. Following any such determination or order, the Administrator will have an opportunity to review and veto the Acid Rain permit or revoke the permit for cause in accordance with 20.11.42 NMAC.

N.M. Code R. § 20.11.62.17

1/1/96; 20.11.62.17 NMAC - Rn, 20 NMAC 11.62.II.6, 10/1/02