New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 2 - AIR QUALITY (STATEWIDE)
Part 72 - CONSTRUCTION PERMITS
Section 20.2.72.210 - PERMIT CONDITIONS

Universal Citation: 20 NM Admin Code 20.2.72.210

Current through Register Vol. 35, No. 18, September 24, 2024

A. The contents of the application specifically identified by the Department shall become terms and conditions of the permit or permit revision.

B. The Department shall, as appropriate, specify conditions upon a permit, including:

(1) Placement of individual emission limits determined on a case-by-case basis on the source for which the permit is issued, but such 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 Air Quality Control Act and the Federal Act; or

(b) The emission rate specified in the permit application;

(2) A requirement that such source install and operate control technology, determined on a case-by-case basis, sufficient to meet the requirements of the Air Quality Control Act and the Federal Act and regulations promulgated under either;

(3) Compliance with applicable NSPS and NESHAP;

(4) Imposition of reasonable restrictions and limitations other than restrictions and limitations relating to emission limits or emission rates; or

(5) Any combination of the above;

(6) In the case of a modification, the requirements of Subsection B of 20.2.72.210 NMAC apply only to the facility or facilities involved in such modification.

C. The Department may impose such other reasonable conditions upon a permit, including a schedule of construction, a condition requiring timely revision of permit terms or conditions in order to meet new requirements, if any, under any federally required and approved State Implementation Plan revision, and conditions requiring the source to be provided with or to undertake:

(1) Sampling ports of a size, number and location as the Department may require;

(2) Safe access to each port;

(3) Instrumentation to monitor and record emission data including continuous emission monitoring, if appropriate;

(4) Any other reasonable sampling, testing and ambient monitoring and meteorological facilities and protocols; and

(5) Periodic testing pursuant to 20.2.72.213 NMAC.

D. Any term or condition imposed by the Department on a permit or permit revision is enforceable to the same extent as a regulation of the board.

E. The Department will as a condition of each permit require the permittee to establish and maintain such records of the nature and amount of emissions and to make such periodic reports to the Department regarding the nature and amounts of emissions and the performance of air pollution control equipment, as are necessary to carry out the purpose of the Air Quality Control Act.

F. [RESERVED]

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.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.