N.M. Code R. § 20.11.41.28 Administrative and Technical Permit Revisions

• Library: New Mexico Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 34, No. 24, December 19, 2023
• Citation: N.M. Code R. § 20.11.41.28
• Year: 2023

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 20SCOPE20.11.41.2 NMAC.

(2) An administrative permit revision shall: (a) not be subject to Subsection B of 20APPLICATION FOR PERMIT20.11.41.13 NMAC, Applicant's Public Notice Requirements; (b) not be subject to 20PUBLIC NOTICE BY DEPARTMENT - PUBLIC PARTICIPATION20.11.41.14 NMAC, Public Notice by Department - Public Participation; (c) be subject to 20FEES FOR PERMIT APPLICATION REVIEW20.11.41.12 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...