New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD
Part 41 - CONSTRUCTION PERMITS
Section 20.11.41.19 - PERMIT CONDITIONS
Universal Citation: 20 NM Admin Code 20.11.41.19
Current through Register Vol. 35, No. 18, September 24, 2024
A. The contents of a permit application specifically identified by the department shall become terms and conditions of the permit.
B. The department shall impose conditions upon a permit as authorized by the state act and as the department determines to be appropriate, including:
(1) placement
of individual emission limits on the source for which the permit is issued, as
determined on a case-by-case basis, but the individual emission limits shall be
only as restrictive as the more stringent of the following:
(a) the extent necessary to meet the
requirements of the federal act, state act or board regulations; or
(b) the emission rate specified in the permit
application;
(2) a
requirement that the source install and operate control technology, determined
on a case-by-case basis, sufficient to meet the requirements of the federal
act, state act or board regulations;
(3) compliance with applicable NSPS and
NESHAP;
(4) imposition of
reasonable restrictions and limitations to prevent or abate air pollution not
relating to emission limits or emission rates; examples include monitoring,
recordkeeping and reporting; reporting administrative revisions; notifications;
posting of permit; and substitution of equipment not resulting in an increase
in emissions;
(5) any combination
of the above; and
(6) in the case
of a modification, the requirements of Subsection B of 20.11.41.19 NMAC apply
only to the emission units involved in the modification.
C. The department may impose additional conditions in order to meet requirements of the federal act, the state act or a board regulation including:
(1) a schedule of
construction;
(2) a condition
requiring timely revision of permit terms or conditions;
(3) sampling ports of a size, number and
location as the department may require;
(4) safe access to each port;
(5) instrumentation to monitor and record
emission data including continuous emission monitoring;
(6) any other reasonable sampling, testing
and ambient monitoring and meteorological facilities and protocols;
(7) periodic testing pursuant to 20.11.41.22
NMAC, Performance Testing;
(8) maintaining records of the nature and
amount of emission;
(9) periodic
reports to the department regarding the nature and amounts of
emissions;
(10) maintaining records
of air pollution control equipment performance; and
(11) monitoring, recordkeeping and reporting
for hours of operation, throughput, capacity and other parametric
information.
D. Every term or condition included in a permit is enforceable to the same extent as a regulation of the board.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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