N.M. Code R. § 20.2.14.205
Current through Register Vol. 35, No. 11, June 11, 2024
Section 20.2.14.205 - Petition for Test Method of Emission Limitation for Existing Equipment - Heat Capacity Equal to or Greater than 5000M BTU/HOURA. With regard to existing coal burning equipment having a rated heat capacity greater than 250 million British Thermal Units and less than 5000 million British Thermal Units per hour (higher heating value) or with regard to existing coal burning equipment having a rated heat capacity equal to or greater than 5000 million British Thermal Units per hour (higher heating value) the Department, any other interested person or any person owning or operating existing coal burning equipment of such capacities may petition the Board to amend subsection B of 20.2.14.202 NMAC or subsection B of 20.2.14.203 NMAC to require all existing coal burning equipment of the capacity specified in 20.2.14.202 NMAC or 20.2.14.203 NMAC, whichever is the subject of the petition, to comply with the emission limitation of subsection B of 20.2.14.201 NMAC pursuant to the test method contained therein.B. The Board, after receipt of the petition, shall:(1) Notify all persons owning or operating coal burning equipment which are the subject of the petition of the filing of said petition, and the date of the Board's regularly scheduled meeting at which the Board plans to consider the request for hearing;(2) Make available for public inspection a copy of the petition at its office;(3) Not less than 30 days nor more than forty-five days after the mailing of the notification provided in paragraph (1) of subsection B of 20.2.14.205 NMAC at its regularly scheduled meeting, consider setting the date, time and place of a public hearing on the petition; provided, however, that if any person owning or operating coal burning equipment of the capacities covered by the petition appears before the Board at such meeting and informs the Board that it does not possess sufficient testing information to determine whether its equipment does or does not comply with the emission limitation contained in paragraph (2) of subsection A of 20.2.14.201 NMAC pursuant to the test method specified therein, the Board, if it determines additional testing information is justified, shall specify a period of testing deemed adequate to permit such person to conduct such testing and shall set the date of the public hearing on the petition at its next regularly scheduled meeting following the expiration of such testing period;(4) Within five days following the scheduling of the hearing, notify the petitioner and all persons who own or operate the coal burning equipment affected by the petition by certified mail of the date, time and place of the public hearing on the petition;(5) Publish notice of the hearing and conduct the hearing according to the procedures set forth in the New Mexico Air Quality Control Act, section 74-2-6; and(6) At the conclusion of the hearing on the petition or at the next Board meeting after transcripts of the hearing are available, if the Board determines that all the equipment regulated pursuant to 20.2.14.202 NMAC and 20.2.14.203 NMAC, whichever was the subject of the hearing, complies with the emission limitation of subsection B of 20.2.14.201 NMAC pursuant to the test method contained therein, the Board may amend subsection B of 20.2.14.202 NMAC or subsection B of 20.2.14.203 NMAC, whichever was the subject of the hearing.N.M. Code R. § 20.2.14.205
11/30/95; 20.2.14.205 NMAC - Rn, 20 NMAC 2.14.205 10/31/02