N.M. Code R. § 20.11.62.19 Compliance Certification

• Library: New Mexico Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 34, No. 24, December 19, 2023
• Citation: N.M. Code R. § 20.11.62.19
• Year: 2023

A. Annual Compliance Certification Report:

(1) Applicability and Deadline: For each calendar year in which a unit is subject to the Acid Rain emissions limitations, the designated representative of the source at which the unit is located shall submit to the EPA and to the Department, within 60 days after the end of the calendar year, an annual compliance certification report for the unit in compliance with 40 CFR 40Annual compliance certification report72.90.

(2) The submission of complete compliance certifications in accordance with Paragraph (1), of Subsection A of 20.11.62.19 NMAC and 40 CFR Part 75 shall be deemed to satisfy the requirement to submit compliance certifications under 20.11.42 NMAC with regard to the Acid Rain portion of the source's operating permit.

B. Units With Repowering Extension Plans:

(1) Design and Engineering and Contract Requirements: No later than January 1, 2000, the designated representative of a unit governed by an approved repowering plan shall submit to the EPA and the Department: (a) Satisfactory documentation of a preliminary design and engineering effort. (b) A binding letter agreement for the executed and binding contract (or for each in a series of executed and binding contracts) for the majority of the equipment to repower the unit using the technology conditionally approved by the Administrator under 40 CFR 40Phase II repowering extensions72.44(d)(3). (c) The letter agreement under Subparagraph (b), of Paragraph (1), of Subsection B of 20.11.62.19 NMAC shall be signed and dated by each party and specify (i) the parties to the contract, (ii) the date each party executed the contract, (iii) the unit to which the contract applies, (iv) a brief list identifying each provision of the contract, (v) any dates to which the parties agree including construction completion date, (vi) the total dollar amount of the contract and (vii) a statement that a copy of the contract is on site at the source and will be submitted upon written request of the EPA or the Department.

(2) Removal From Operation To Repower: The designated representative of a unit governed by an approved repowering plan shall notify the EPA and the Department in writing at least 60 days in...