Current through Register Vol. 35, No. 18, September 24, 2024
A. Action by the Department:
(1) Each permit shall include provisions
specifying the conditions under which the permit will be reopened prior to the
expiration of the permit. A permit shall be reopened and revised for any of the
following, and may be revoked and reissued for subparagraphs (c) or (d) of the
following:
(a) Additional applicable
requirements under the Federal Act become applicable to a major source with a
remaining permit term of three (3) or more years. Such a reopening shall be
completed not later than eighteen (18) months after promulgation of the
applicable requirement. No such reopening is required if the effective date of
the requirement is later than the date on which the permit is due to expire,
unless the original permit or any of its terms or conditions have been extended
past the expiration date of the permit pursuant to subsection D of 20.2.70.400
NMAC;
(b) Additional requirements
(including excess emissions requirements) become applicable to a source under
the acid rain program promulgated under title IV of the Federal Act. Upon
approval by the Administrator, excess emissions offset plans shall be deemed to
be incorporated into the permit;
(c) The Department or the Administrator
determines that the permit contains a material mistake or that inaccurate
statements were made in establishing the terms or conditions of the permit;
or
(d) The Department or the
Administrator determines that the permit must be revised or revoked and
reissued to assure compliance with the applicable requirements.
(2) Proceedings to reopen and
revise, or revoke and reissue, a permit shall affect only those parts of the
permit for which cause to reopen or revoke exists. Units for which permit
conditions have been revoked shall not be operated until permit reissuance.
Reopenings shall be made as expeditiously as practicable.
(3) A permit, or an authorization to operate
under a general permit, may be terminated when:
(a) The permittee fails to meet the
requirements of an approved compliance plan;
(b) The permittee has been in significant or
repetitious non-compliance with the operating permit terms or
conditions;
(c) The applicant or
permittee has exhibited a history of willful disregard for environmental laws
of any state or Tribal authority, or of the United States;
(d) The applicant or permittee has knowingly
misrepresented a material fact in any application, record, report, plan, or
other document filed or required to be maintained under the permit;
(e) The permittee falsifies, tampers with or
renders inaccurate any monitoring device or method required to be maintained
under the permit;
(f) The permittee
fails to pay fees required under the fee schedule in 20.2.71 NMAC (Operating
Permit Emission Fees); or
(g) The
Administrator has found that cause exists to terminate the permit.
(4) The Department shall, by
certified mail, provide a notice of intent to the permittee at least thirty
(30) days in advance of the date on which a permit is to be reopened or
revoked, or terminated, except that the Department may provide a shorter time
period in the case of an emergency. The notice shall state that the permittee
may, within 30 (thirty) days of receipt, submit comments or request a hearing
on the proposed permit action.
B. Action by the Administrator: Within ninety
(90) days, or longer if the Administrator extends this period, after receipt of
written notification that the Administrator has found that cause exists to
terminate, modify or revoke and reissue a permit, the Department shall forward
to the Administrator a proposed determination of termination, modification, or
revocation and reissuance, as appropriate. Within ninety (90) days from receipt
of an Administrator objection to a proposed determination, the Department shall
address and act upon the Administrator's objection.
C. Compliance Orders: Notwithstanding any
action which may be taken by the Department or the Administrator under
subsections A and B of 20.2.70.405 NMAC, a compliance order issued pursuant to
New Mexico Air Quality Control Act section
74-2-12
NMSA 1978 may include a suspension or revocation of any permit or portion
thereof.
