N.M. Code R. § 20.11.62.18 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. § 20.11.62.18
• Year: 2023

A. General:

(1) This Section shall govern revisions to any Acid Rain permit issued by the Department.

(2) A permit revision may be submitted for approval at any time. No permit revision shall affect the term of the Acid Rain permit to be revised. No permit revision shall excuse any violation of an Acid Rain Program requirement that occurred prior to the effective date of the revision.

(3) The terms of the Acid Rain permit shall apply while the permit revision is pending.

(4) Any determination or interpretation by State (including the Department or a State court) modifying or voiding any Acid Rain permit provision shall be subject to review by the EPA in accordance with 20.11.42 NMAC as applied to permit modifications, unless the determination or interpretation is an administrative amendment approved in accordance with Subsection D of 20,11,62.206 NMAC.

(5) The standard requirements of Subsection D of 20.11.62.12 NMAC shall not be modified or voided by a permit revision.

(6) Any permit revision involving incorporation of a compliance option that was not submitted for approval and comment during the permit issuance process, or involving a change in a compliance option that was previously submitted, shall meet the requirements for applying for such compliance option under Subsection B of 20.11.62.15 NMAC and 40 CFR Part 76 and regulations implementing 40 CFR Part 76.

(7) For permit revisions not described in Subsections B and C of 20.11.62.18 NMAC, the Department may, in its discretion, determine which of these sections is applicable.

B. Permit Modifications:

(1) Permit modifications shall follow the permit issuance requirements of 20.11.62.17 NMAC and 20.11.42 NMAC. For purposes of applying Paragraph (1), Subsection B of 20.11.62.18 NMAC, a permit modification shall be treated as an Acid Rain permit application, to the extent consistent with 20.11.62.18 NMAC.

(2) The following permit revisions are permit modifications:(a) relaxation of an excess emission offset requirement after approval of the offset plan by the EPA, (b) incorporation of a final nitrogen oxides alternative emission limitation following a demonstration period, (c) determinations concerning failed repowering projects under Subparagraph (a), of Paragraph (6) of...