New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD
Part 62 - ACID RAIN
Section 20.11.62.18 - PERMIT REVISIONS
Universal Citation: 20 NM Admin Code 20.11.62.18
Current through Register Vol. 35, No. 18, September 24, 2024
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.
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