N.M. Code R. § 20.11.41.30 Permit Reopening, Revision and Reissuance

• Library: New Mexico Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 34, No. 24, December 19, 2023
• Citation: N.M. Code R. § 20.11.41.30
• Year: 2023

A. The department may impose reasonable terms and conditions upon a permit, including a schedule of construction, the maximum period of time the permit shall be valid and 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. The department may reopen, revise and reissue a permit if the department determines:

(1) additional applicable requirements of the federal Act or the state act become applicable to the source, including excess emission requirements under the Title IV acid rain program;

(2) the permit contains a substantive material mistake or that an inaccurate statement was made in the permit application that resulted in incorrect or inappropriate evaluation of ambient air quality impacts or incorrect or inappropriate terms and conditions in the permit, including emissions limitations;

(3) the permit requires reopening, revision and reissuance to ensure compliance with all applicable requirements of the federal act, the state act and the board regulations;

(4) the permittee failed to disclose a material fact or a regulation that is applicable to the source as required in the permit application process, and the applicant knew or should have known about the material fact or regulation at the time the application was submitted; or

(5) the terms and conditions of a permit have not been or are not being met, as determined by the department.

B. The department shall...