N.M. Code R. § 20.11.62.18

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

Section 20.11.62.18 - PERMIT REVISIONS

A. General:

(1) This Section shall govern revisions to any Acid Rain permit issued by the Department.

(2) A permit revision may be submitted for approval at any time. No permit revision shall affect the term of the Acid Rain permit to be revised. No permit revision shall excuse any violation of an Acid Rain Program requirement that occurred prior to the effective date of the revision.

(3) The terms of the Acid Rain permit shall apply while the permit revision is pending.

(4) Any determination or interpretation by State (including the Department or a State court) modifying or voiding any Acid Rain permit provision shall be subject to review by the EPA in accordance with 20.11.42 NMAC as applied to permit modifications, unless the determination or interpretation is an administrative amendment approved in accordance with Subsection D of 20,11,62.206 NMAC.

(5) The standard requirements of Subsection D of 20.11.62.12 NMAC shall not be modified or voided by a permit revision.

(6) Any permit revision involving incorporation of a compliance option that was not submitted for approval and comment during the permit issuance process, or involving a change in a compliance option that was previously submitted, shall meet the requirements for applying for such compliance option under Subsection B of 20.11.62.15 NMAC and 40 CFR Part 76 and regulations implementing 40 CFR Part 76.

(7) For permit revisions not described in Subsections B and C of 20.11.62.18 NMAC, the Department may, in its discretion, determine which of these sections is applicable.

B. Permit Modifications:

(1) Permit modifications shall follow the permit issuance requirements of 20.11.62.17 NMAC and 20.11.42 NMAC. For purposes of applying Paragraph (1), Subsection B of 20.11.62.18 NMAC, a permit modification shall be treated as an Acid Rain permit application, to the extent consistent with 20.11.62.18 NMAC.

(2) The following permit revisions are permit modifications:

(a) relaxation of an excess emission offset requirement after approval of the offset plan by the EPA,

(b) incorporation of a final nitrogen oxides alternative emission limitation following a demonstration period,

(c) determinations concerning failed repowering projects under Subparagraph (a), of Paragraph (6), of Subsection B of 20.11.62.15 NMAC and Subparagraph (c), of Paragraph (6), of Subsection B of 20.11.62.15 NMAC, and

(d) at the option of the designated representative submitting the permit revision, the permit revisions listed in Paragraph (2), of Subsection C of 20.11.62.18 NMAC.

C. Fast-Track Modifications:

(1) Fast-track modifications shall follow the following procedures:

(a) The designated representative shall serve a copy of the fast-track modification on the EPA, the Department, and any person entitled to a written notice under 20.11.42 NMAC. Within 5 business days of serving such copies, the designated representative shall also give public notice by publication in a newspaper of general circulation in the area where the source is located or in a State publication designed to give general public notice.

(b) The public shall have a period of 30 days, commencing on the date of publication of the notice, to comment on the fast-track modification. Comments shall be submitted in writing to the Department and to the designated representative.

(c) The designated representative shall submit the fast-track modification to the Department on or before commencement of the public comment period.

(d) Within 30 days of the close of the public comment period, the Department will consider the fast-track modification and the comments received and approve, in whole or in part or with changes or conditions as appropriate, or disapprove the modification. A fast-track modification shall be effective immediately upon issuance, in accordance with 20.11.42 NMAC as applied to significant modifications.

(2) The following permit revisions are, at the option of the designated representative submitting the permit revision, either fast-track modifications under this section or permit modifications under Subsection B of 20.11.62.18 NMAC:

(a) incorporation of a compliance option that the designated representative did not submit for approval and comment during the permit issuance process,

(b) addition of a nitrogen oxides averaging plan to a permit, and

(c) changes in a repowering plan, nitrogen oxides averaging plan, or nitrogen oxides compliance deadline extension.

D. Administrative Permit Amendment:

(1) Administrative amendments shall follow the procedures set forth in 20.11.42 NMAC. The Department will submit the revised portion of the permit to the EPA within 10 working days after the date of final action on the request for an administrative amendment.

(2) The following permit revisions are administrative amendments:

(a) activation of a compliance option conditionally approved by the Department; provided that all requirements for activation under Paragraph (3), of Subsection A of 20.11.62.15 NMAC and Subsection B of 20.11.62.15 NMAC are met,

(b) changes in the designated representative or alternative designated representative; provided that a new certificate of representation is submitted to the EPA in accordance with 40 CFR Part 72 Subpart B,

(c) correction of typographical errors,

(d) changes in names, addresses, or telephone or facsimile numbers,

(e) changes in the owners or operators; provided that a new certificate of representation is submitted within 30 days to the EPA in accordance with 40 CFR Part 72 Subpart B,

(f) Termination of a compliance option in the permit; provided that all requirements for termination under Paragraph (4), of Subsection A of 20.11.62.15 NMAC shall be met and this procedure shall not be used to terminate a repowering plan after December 31, 1999,

(g) changes in the date, specified in a new unit's Acid Rain permit, of commencement of operation or the deadline for monitor certification, provided that they are in accordance with Subsection D of 20.11.62.12 NMAC,

(h) the addition of or change in a nitrogen oxides alternative emissions limitation demonstration period, provided that the requirements of regulations implementing 40 CFR Part 76 are met, and

(i) incorporation of changes that the EPA has determined to be similar to those in Subparagraphs (a) through (h), of Paragraph (2), of Subsection D of 20.11.62.18 NMAC.

E. Automatic Permit Amendment: The following permit revisions shall be deemed to amend automatically, and become a part of the affected unit's Acid Rain permit by operation of law without any further review:

(1) upon recordation by the EPA under 40 CFR Part 73, all allowance allocations to, transfers to, and deductions from an affected unit's ATS account, and

(2) incorporation of an offset plan that has been approved by the EPA under 40 CFR Part 77.

F. Permit Reopenings:

(1) As provided in 20.11.42 NMAC, the Department will reopen an Acid Rain permit for cause, including whenever additional requirements become applicable to any affected unit governed by the permit.

(2) In reopening an Acid Rain permit for cause, the Department will issue a draft permit changing the provisions, or adding the requirements, for which the reopening was necessary. The draft permit shall be subject to the requirements of Sections 204 and 205 of 20.11.62 NMAC.

(3) Any reopening of an Acid Rain permit shall not affect the term of the permit.

N.M. Code R. § 20.11.62.18

1/1/96; 20.11.62.18 NMAC - Rn, 20 NMAC 11.62.II.7, 10/1/02