N.M. Code R. § 20.2.70.303

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

Section 20.2.70.303 - GENERAL PERMITS

A. Issuance of General Permits:

(1) The Department may, after notice and opportunity for public participation and US EPA and affected program review, issue a general permit covering numerous similar sources. Such sources shall be generally homogenous in terms of operations, processes and emissions, subject to the same or substantially similar requirements, and not subject to case-by-case standards or requirements.

(2) Any general permit shall comply with all requirements applicable to other operating permits and shall identify criteria by which sources may qualify for the general permit.

B. Authorization to Operate under a General Permit:

(1) The owner or operator of a Part 70 source which qualifies for a general permit must:

(a) Apply to the Department for coverage under the terms of the general permit; or

(b) Apply for an operating permit consistent with 20.2.70.300 NMAC.

(2) The Department may, in the general permit, provide for applications which deviate from the requirements of subsection D of 20.2.70.300 NMAC, provided that such applications meet the requirements of the Federal Act and include all information necessary to determine qualification for, and to assure compliance with, the general permit. The Department shall review the application for authorization to operate under a general permit for completeness within thirty (30) days after its receipt of the application.

(3) The Department shall authorize qualifying sources which apply for coverage under the general permit to operate under the terms and conditions of the general permit. The Department shall take final action on a general permit authorization request within ninety (90) days of deeming the application complete.

(4) The Department may grant a request for authorization to operate under a general permit without repeating the public participation procedures required under 20.2.70.401 NMAC. Such an authorization shall not be a permitting action for purposes of administrative review under New Mexico Air Quality Control Act section 74-2-7.H NMSA 1978. Permitting action for the purposes of section 74-2-7 NMSA 1978 shall be the issuance of the general permit.

(5) Authorization to operate under a general permit shall not be granted for acid rain sources unless otherwise provided in regulations promulgated under title IV of the Federal Act.

(6) The permittee shall be subject to enforcement action for operation without an operating permit if the source is later determined not to qualify for the conditions and terms of the general permit.

N.M. Code R. § 20.2.70.303

11/30/95; 20.2.70.303 NMAC - Rn, 20 NMAC 2.70.303, 06/14/02