New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD
Part 41 - CONSTRUCTION PERMITS
Section 20.11.41.28 - ADMINISTRATIVE AND TECHNICAL PERMIT REVISIONS
Universal Citation: 20 NM Admin Code 20.11.41.28
Current through Register Vol. 35, No. 18, September 24, 2024
A. Administrative permit revision:
(1) An administrative permit
revision may be used by the department or requested by a permittee to revise a
permit that has been issued pursuant to 20.11.41 NMAC in order to:
(a) correct a typographical error;
(b) identify a change in ownership, name,
address or contact information of any person identified in the permit;
or
(c) incorporate a change in the
permit if the change is limited to retiring an emission unit at the facility,
which shall be effective when the department receives written notice that the
emission unit has ceased operation; and
(d) incorporate a change in the permit to
include a source or activity at the facility if the facility or activity is
exempted by Paragraph (3) of Subsection F of
20.11.41.2
NMAC.
(2) An
administrative permit revision shall:
(a) not
be subject to Subsection B of
20.11.41.13
NMAC, Applicant's Public Notice Requirements;
(b) not be subject to
20.11.41.14
NMAC, Public Notice by Department - Public Participation;
(c) be subject to
20.11.41.12
NMAC, Fees for Permit Application Review; and
(d) be submitted on forms provided by the
department.
(3) When the
department receives a revision form, the department shall review the form. If
the department determines the revision qualifies as an administrative revision,
the department shall file the revision with the permit. However, the procedure
authorized by Subsection A of 20.11.41.28 NMAC may not be used to create
federally enforceable conditions or emissions limitations to avoid any
applicable requirement.
B. Technical permit revision:
(1) A technical permit revision may be
requested by a permittee provided that it does not require air dispersion
modeling and meets one or more of the following criteria:
(a) to incorporate a change in the permit if
the change only involves a change in monitoring, record keeping or reporting
requirements, if the department determines the change does not reduce the
enforceability of the permit;
(b)
to incorporate a change in the permit that only involves additional equipment
with no increase in potential emission rate;
(c) to incorporate a change in the permit if
the change only involves incorporating permit conditions, including emissions
limitations, but only if the source existed on August 31, 1972, and the source
has been in regular operation since that date;
(d) if the permittee wishes to impose a
voluntary reduction of an emission limitation that was included as a specific
permit conditions pursuant to Subsection B of
20.11.41.19
NMAC, Permit Conditions;
(e) to
incorporate a change at a facility by replacing an emissions unit for which an
allowable emissions limit has been established in the permit, but only if the
replacement emissions unit as determined by the department:
(i) is equivalent to the replaced emissions
unit and serves the same function within the facility and process;
(ii) has the same or lower capacity and
potential emission rates;
(iii) has
the same or higher control efficiency and stack parameters that are at least as
effective in dispersing air pollutants;
(iv) would not result in an increase of the
potential emission rate of any other equipment at the facility;
(v) is subject to the same or lower allowable
emissions limits as the current permit prior to making the replacement and to
all other original permit conditions prior to making the technical permit
revision request;
(vi) will not
cause or contribute to a violation of any NAAQS and NMAAQS when operated under
applicable permit conditions;
(vii)
will not require additional permit conditions to ensure the enforceability of
the permit, such as additional record keeping or reporting in order to
establish compliance; and
(viii)
does not emit a regulated air contaminant not previously emitted;
(f) to reduce the potential
emission rate of a unit or source, by incorporating terms and conditions in the
permit, such as a cap on hours of operation, limitations on throughput of a
specific product or products, or limitations on equipment capacity;
or
(g) to incorporate a change in
the permit that only involves the addition of air pollution control equipment
or the substitution of a different type of air pollution control equipment to
existing equipment if the requested addition or substitution shall not result
in an increase in the potential emission rate.
(2) An application for a technical revision
to a permit shall:
(a) not be subject to
20.11.41.13
NMAC, Applicant's Public Notice Requirements;
(b) be subject to
20.11.41.12
NMAC, Fees for Permit Application Review;
(c) not be subject to
20.11.41.14
NMAC, Public Notice by Department - Public Participation; and
(d) be submitted on forms provided by the
department, with all information submitted by the applicant certified as
required by Paragraph (13) of Subsection E of
20.11.41.13
NMAC.
(3) Within 30 days
of receipt of the application, the department shall approve or deny the
application for the technical permit revision, or inform the applicant in
writing that the request must be submitted as a permit modification.
(4) The department may deny an application
for a technical permit revision or require that the application be submitted as
a permit modification if:
(a) the proposed
revision does not meet the criteria included in Subsection B of 20.11.41.28
NMAC;
(b) in the judgment of the
department, the revision would require a decision on a significant or complex
issue, or involve a substantive change; or
(c) in the judgment of the department, the
permittee has submitted multiple or subsequent applications for technical
permit revisions under 20.11.41.28 NMAC that segment a larger revision or
modification that otherwise would not be eligible for a technical permit
revision.
(5) The
technical permit revision shall become effective when approved in writing by
the department. The department shall file the technical permit revision with
the permit. However, the procedure established in 20.11.41.28 NMAC may not be
used to create federally enforceable conditions or emissions limitations to
avoid an applicable requirement.
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