N.M. Code R. § 20.11.62.17 Acid Rain Permit Issuance Procedures

• Library: New Mexico Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 34, No. 24, December 19, 2023
• Citation: N.M. Code R. § 20.11.62.17
• Year: 2023

A. General: The Department will issue or deny all Acid Rain permits in accordance with 20.11.42 NMAC, including the completeness determination, draft permit, administrative record, statement of basis, public notice and comment period, public hearing, proposed permit, permit issuance, permit revision, and appeal procedures as amended by Sections 205 and 206 of 20.11.62 NMAC.

B. Completeness: The Department will submit a written notice of application completeness to the EPA within 10 working days following a determination by the Department that the Acid Rain permit application is complete.

C. Statement of Basis:

(1) The statement of basis will briefly set forth significant factual, legal, and policy considerations on which the Department relied in issuing or denying the draft permit.

(2) The statement of basis will include the reasons, and supporting authority, for approval or disapproval of any compliance options requested in the permit application, including references to applicable statutory or regulatory provisions and to the administrative record.

(3) The Department will submit to the EPA a copy of the draft Acid Rain permit and the statement of basis and all other relevant portions of the operating permit that may affect the draft Acid Rain permit.

D. Issuance of Acid Rain Permits:

(1) Proposed permit: After the close of the public comment period, the Department will incorporate all necessary changes and issue or deny a proposed Acid Rain permit.

(2) The Department will submit the proposed Acid Rain permit or denial of a proposed Acid Rain permit to the EPA in accordance with 20.11.42 NMAC, the provisions of which shall be treated as applying to the issuance or denial of a proposed Acid Rain permit.

(3) Following the EPA's review of the proposed Acid Rain permit or denial of a proposed Acid Rain permit, the Department or, under 20.11.42 NMAC (treated as applying to the issuance or denial of an Acid Rain permit), the EPA will incorporate any required changes and issue or deny the Acid Rain permit in accordance with 20.11.62.16 NMAC. No Acid Rain permit (including a draft or proposed permit) shall be issued unless the EPA has received a certificate of representation for the designated representative of the source in accordance with 40 CFR Part 72 Subpart B.

(4) Permit issuance...