Regulatory Text: 
           NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD
            P. O. BOX 26110 / 1190 ST. FRANCIS DRIVE
                SANTA FE, NEW MEXICO  87502-0110

TITLE 20       ENVIRONMENTAL PROTECTION
CHAPTER 2      AIR QUALITY (STATEWIDE)

PART 72        CONSTRUCTION PERMITS

(Approved by EPA 09/26/97 (62 FR 50518) at 52.1620(c)(66) effective 11/25/97.  Dates in brackets within the regulation are State effective dates.)

NOTE TO READER: In 40 CFR 52.1620(c)(66), subsection 52.1620(c)(i)(B) approved by EPA on 09/26/97 (62 FR 50518), the statement “...72 (Subparts I, II, III; Subpart V Sections 501 and 502)...” should read “...72 (Subparts I, II, III; Subpart V Sections 500 and 501)...”.  Section 500 is cited in the SIP-approved sections.  Section 502 is not cited in the SIP-approved sections.  Section 502 is cited in Subpart IV which was not approved by EPA.  Also, Sections 500 and 501 are in the materials incorporated by reference (IBR’d).  Section 502 is not in the IBR materials.  
END NOTE TO READER. 


                       TABLE OF CONTENTS
                 SUBPART I - GENERAL PROVISIONS

100. Issuing agency
101. Scope
102. Statutory Authority
103. Duration
104. Effective Date
105. Objective
106. Amendment and Supersession of Prior Regulations
107. Definitions
108. Documents
109 - 199. [Reserved]

        SUBPART II - PERMIT PROCESSING AND REQUIREMENTS

200. Application for Construction, Modification, NSPS, and
        NESHAP Permits and Permit Revisions
201. New Source Review Coordination
202. Permit Revisions
203. Contents of Applications
204. Confidential Information Protection
205. Construction, Modification and Permit Revision in
         Bernalillo County
206. Public Notice and Participation
207. Permit Decisions and Appeals
208. Basis for Denial of Permit
209. Additional Legal Responsibilities on Applicants
210. Permit Conditions
211. Permit Cancellations
212. Permittee's Notification Requirements to Department
213. Startup and Followup Testing
214. Source Class Exemption Process (Permit Streamlining)
215. Emergency Permit Process
216. Nonattainment area requirements
217. Compliance Certification
218. Enforcement
219 - 299. [Reserved]

     SUBPART III - SOURCE CLASS PERMIT STREAMLINING

300. Definitions
301. Applicability
302. Contents of Application
303. Public Notice and Participation
304. Permit Decisions
305. General Requirements
306. Source Class Requirements
307 - 399. [Reserved]

     SUBPART IV - PERMITS FOR TOXIC AIR POLLUTANT EMISSIONS

400 - 499   NOT IN SIP. 


                      SUBPART V - APPENDIX

500. Table 1 - Significant Ambient Concentrations
501. Table 2 - Permit Streamlining Source Class Categories
502. Toxic Air Pollutants and Emissions -- NOT IN SIP



                 SUBPART I - GENERAL PROVISIONS

100. ISSUING AGENCY:  Environmental Improvement Board.  [11-30-95]

101. SCOPE: All persons who intend to construct or modify a source, except as otherwise provided by this Part.  [11-30-95]

102. STATUTORY AUTHORITY:     Environmental Improvement Act, NMSA 1978, Section 74-1-8(A)(4) and Air Quality Control Act, NMSA 1978, Sections 74-2-1 et seq., including specifically, Section 74-2-7(A)(1), (B), (C) and (D).  [11-30-95]

103. DURATION:  Permanent.  Notwithstanding the applicability provisions of Section 402 of this Part, the Department is stayed from enforcing requirements relating to asphalt fumes as a toxic air pollutant for new or modified sources until September 1, 1997.    [11-30-95, 8-2-96]

104. EFFECTIVE DATE:   11-30-95. [11-30-95]

105. OBJECTIVE:  The objective of this Part is to establish the requirements for obtaining a construction permit.  [11-30-95]

106. AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS:  This Part amends and supersedes Air Quality Control Regulation ("AQCR") 702, - Permits, filed May 29, 1990, as amended ("AQCR 702").  [11-30-95]

     A.   All references to AQCR 702 in any other rule shall be construed as a reference to this Part.  [11-30-95]

     B.   The amendment and supersession of AQCR 702 shall not affect any administrative or judicial enforcement action pending on the effective date of such amendment nor the validity of any permit issued pursuant to AQCR 702.  [11-30-95]

107. DEFINITIONS:  In addition to the terms defined in Part 2 - Definitions, as used in this Part:  [11-30-95]

     A.   "Air pollution control equipment" means any device, equipment, process or combination thereof the operation of which would limit, capture, reduce, confine, or otherwise control air contaminants or convert for the purposes of control any air contaminant to another form, another chemical or another physical state.    [11-30-95]

     B.   "Ambient air" means the outdoor atmosphere, but does not include the area entirely within the boundaries of the industrial or manufacturing property within which the air contaminants are or may be emitted and public access is restricted within such boundaries.    [11-30-95]

     C.   "Coal mining operation" means the business of developing, producing, preparing or loading bituminous coal, subbituminous coal, anthracite, or lignite, or of reclaiming the areas upon which such activities occur.  This definition does not include coal preparation plants. [11-30-95]

     D.   "Coal preparation plant" means any facility which prepares coal by one or more of the following processes:  breaking, crushing, screening, wet or dry cleaning, and thermal drying.   [11-30-95]

     E.   "Commencement" means that an owner or operator has undertaken a continuous program of construction or modification. [11-30-95]

     F.   "Construction" means fabrication, erection, installation or relocation of a stationary source, including but not limited to temporary installations and portable stationary sources. [11-30-95]

     G.   "Emergency" means unforeseen circumstances resulting in an imminent and substantial endangerment to health, safety, or welfare which requires immediate action. [11-30-95]

     H.   "Federally enforceable" means all limitations and conditions which are enforceable by the administrator of the US EPA, including those requirements developed pursuant to 40 CFR Parts 60 and 61, requirements within any applicable State Implementation Plan, any permit requirements established pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Part 51, Subpart I including 40 CFR 51.165 and 40 CFR 51.166.  [11-30-95]

     I.   "Fugitive emissions" means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.  [11-30-95]

     K.   "Hazardous air pollutant" means an air contaminant which has been classified as a "hazardous air pollutant" by the administrator of the US EPA and is subject to a NESHAP.  [11-30-95]
     L.   "Malfunction" means any sudden and unavoidable failure of air pollution control equipment, process equipment, or process to operate in an expected manner.  Failures that are caused entirely or in part by poor maintenance, careless operation, or any other preventable equipment breakdown shall not be considered a malfunction.  [11-30-95]

      M.   "Modification" means any physical change in, or change in the method of operation of, a stationary source which results in an increase in the potential emission rate of any regulated air contaminant emitted by the source or which results in the emission of any regulated air contaminant not previously emitted, but does not include:

          l.  a change in ownership of the source;

          2.  routine maintenance, repair or replacement;

          3.  installation of air pollution control equipment, and all related process equipment and materials necessary for its operation, undertaken for the purpose of complying with regulations adopted by the board or pursuant to the Federal Act; or  

          4.   unless previously limited by enforceable permit conditions:
               a.  an increase in the production rate, if such increase does not exceed the operating design capacity of the source;
               b.  an increase in the hours of operation; or
               c.  use of an alternative fuel or raw material if, prior to January 6, l975, the source was capable of accommodating such fuel or raw material, or if use of an alternate fuel or raw material is caused by any natural gas curtailment or emergency allocation or any other lack of supply of natural gas.  [11-30-95]

     N.   "National Ambient Air Quality Standard" means, unless otherwise modified, the primary (health-related) and secondary (welfare-based) federal ambient air quality standards promulgated by the US EPA pursuant to Section l09 of the Federal Act.  [11-30-95]

     O.   "National Emission Standards for Hazardous Air Pollutants" or "NESHAP" mean the regulatory requirements, guidelines and emission limitations promulgated by the US EPA  pursuant to Section ll2 of the Federal Act.  [11-30-95]

     P.   "New Source Performance Standard" or "NSPS" means the regulatory requirements, guidelines and emission limitations promulgated by the US EPA pursuant to Section 111 of the Federal  Act.  [11-30-95]

     Q.   "Nonattainment area" means for any air contaminant an area which is shown by monitored data or which is calculated by air quality modeling (or other methods determined by the administrator to be reliable) to exceed any national or New Mexico ambient air quality standard for such contaminant.  Such term includes any areas identified under sub-paragraphs (A) through (C) of Section 107 (d)(1) of the Federal Act.  [11-30-95]

     R.   "Operator" means the person or persons responsible for the overall operation of a facility.  [11-30-95]

     S.   "Owner" means the person or persons who own a facility or part of a facility.  [11-30-95]

     T.   "Part" means an air quality control regulation under Title 20, Chapter 2 of the New Mexico Administrative Code, unless otherwise noted; as adopted or amended by the Board.  [11-30-95]

     U.   "Portable stationary source" means a source which can be relocated to another operating site with limited dismantling and reassembly, including for example but not limited to moveable sand and gravel processing operations and asphalt plants.  [11-30-95]

     V.   "Potential emission rate" means the emission rate of a source at its maximum capacity in the absence of air pollution control equipment which is not vital to production of the normal product of the source or to its normal operation.  The determination of maximum capacity includes any federally enforceable physical or operational limitation on the capacity of the source [11-30-95]

     W.   "Regulated air contaminant" means, any air contaminant, the emission or ambient concentration of which is regulated pursuant to the New Mexico Air Quality Control Act or the Federal Act.  [11-30-95]

     X.   "Shutdown" means the cessation of operation of any air pollution control equipment, process equipment or process for any purpose, except routine phasing out of batch process units.  [11-30-95]

     Y.   "Standard Industrial Classification" or "SIC" means the code from the classification manual created by the Executive Office of the President-Office of Management and Budget, which categorizes industrial, manufacturing and commercial facilities, as listed in the Standard Industrial Code Manual published by the U.S. Government Printing Office, Washington D.C. l972.  [11-30-95]

     Z.   "Startup" means the setting into operation of any air pollution control equipment, process equipment or process for any purpose, except routine phasing in of batch process units.  [11-30-95]

     AA.  "Stationary source" or "source" means any building, structure, equipment, facility, installation (including temporary installations), operation or portable stationary source which emits or may emit any air contaminant.  Any research facility may group its sources for the purpose of this Part at the discretion of the Secretary.  [11-30-95]


108.  DOCUMENTS:  Documents incorporated and cited in this Part may be viewed at the New Mexico Environment Department, Air Quality Bureau, Harold Runnels Building, 1190 St. Francis Drive, Santa Fe, NM  87505.  [11-30-95]

109 - 199. [RESERVED]


         SUBPART II - PERMIT PROCESSING AND REQUIREMENTS


200. APPLICATION FOR CONSTRUCTION, MODIFICATION, NSPS, AND NESHAP - PERMITS AND REVISIONS:

     A.   Permits must be obtained from the Department by:

          1.   Any person constructing a stationary source which has a potential emission rate greater than 10 pounds per hour or 25 tons per year of any regulated air contaminant for which there is a National or New Mexico Ambient Air Quality Standard. If the specified threshold in this subsection is exceeded for any one regulated air contaminant, all regulated air contaminants with National or New Mexico Ambient Air Quality Standards emitted are subject to permit review.  Within this subsection, the potential emission rate for nitrogen dioxide shall be based on total oxides of nitrogen;

          2.   Any person modifying a stationary source when all of the pollutant emitting activities at the entire facility, either prior to or following the modification, emit a regulated air contaminant for which there is a National or New Mexico Ambient Air Quality Standard with a potential emission rate greater than 10 pounds per hour or 25 tons per year and the regulated air contaminant is emitted as a result of the modification.  If the specified threshold in this subsection is exceeded for any one regulated air contaminant, all regulated air contaminants with National or New Mexico Ambient Air Quality Standards emitted by the modification are subject to permit review.  Within this subsection, the potential emission rate for nitrogen dioxide shall be based on total oxides of nitrogen; [11-30-95]

          3.   Any person constructing or modifying any source or installing any equipment which is subject to Part 77, New Source Performance Standards, Part 78, Emission Standards for Hazardous Air Pollutants, or any other New Mexico Air Quality Control Regulation which contains emission limitations for any regulated air contaminant;

          4.   For toxic air pollutants, See Subpart IV; 

          5.   Any person constructing a stationary source which has a potential emission rate for lead greater than 5 tons per year or modifying a stationary source which either prior to or following the modification has a potential emission rate for lead greater than 5 tons per year; or

          6.   Sources which are major sources of hazardous air pollutants by the definitions in Part 83, Construction or Modification of Major Sources of Hazardous Air Pollutants.  [11-30-95]

     B.   Fugitive dust emissions from a coal mining operation shall not be subject to the requirements of Section 200.A.1 of this Part.  [11-30-95]

          Note: New coal mining operations are required to have an approved air pollution control plan for fugitive dust emissions by the New Mexico Surface Coal Mining Commission.    [11-30-95]

     C.   Any source or modification meeting the applicability requirements of this Part, but which is a major stationary source or a major modification as defined in Part 74, shall in addition be subject to Part 74 - Prevention of Significant Deterioration. [11-30-95]

     D.   Any source or modification meeting the applicability requirements of this Part but which is a major stationary source or a major modification as defined in Part 79, shall in addition be subject to Part 79 - Permits - Nonattainment Areas.  [11-30-95]

     E.   For all sources subject to this Part, applications for permits shall be filed prior to the commencement of the construction, modification or installation.  Regardless of the anticipated commencement date, no construction, modification or installation shall begin prior to issuance of the permit.   [11-30-95] 

     F.   Temporary installations and portable stationary sources are subject to this Part.  [11-30-95]

     G.   If a source consists of more than one unit, a separate permit may be required for each unit which is not substantially interrelated with another unit. A common connection leading to ductwork, pollution control equipment or a single stack shall not, by itself, constitute a substantial interrelationship.  [11-30-95]

     H.   Any source which previously did not require a permit because it was in existence before August 31, 1972 shall be subject to the requirements of this Part if operations cease for a period of five years or more and the source has a potential emission rate greater than 10 pounds per hour or 25 tons per year of any regulated air contaminant for which there is a National or New Mexico Ambient Air Quality Standard.  [11-30-95]

     I.   Any source meeting the applicability requirements of this Part, but which is a major source of hazardous air pollutants, shall in addition be subject to Part 83, Construction or Modification of Major Sources of Hazardous Air Pollutants.  [11-30-95]

201. NEW SOURCE REVIEW COORDINATION:    In cases where the new source review requirements of either Part 74, 79, 77, 78, or Part 83, Construction or Modifications of Major Sources of Hazardous Air Pollutants apply to a new stationary source or modification in addition to this Part, the following provisions apply:

          A.   Only one permit application shall be submitted;

          B.   The application shall be ruled complete when information required by all applicable regulations has been submitted;
 
          C.   Definitions and requirements of each applicable regulation are applied separately and do not supersede each other; and

          D.   After the requirements of all applicable regulations are met, only one permit shall be issued.  [11-30-95]


202. PERMIT REVISION:
     
     A.   The owner or operator of any permitted source may apply to the Department for revisions to any term or condition of such permit, including but not limited to emission limitation, control technology, operating conditions, and monitoring requirements.  Applications shall be in writing, clearly identifying the terms and conditions which the owner or operator proposes to change, together with the specific changes requested, and the reasons therefor.  Applications for revisions to increase any emission limitation contained in any permit shall be processed in accordance with the public notice, review, and hearing procedures set forth in Section 206 and 207 of this Part.  [11-30-95]

     B.   A portable source which has been issued a permit under this Part may relocate without undergoing a permit revision only if:  [NOTE to READER -- this sentence was corrected in this web site February 1, 2012.  Before February 1, 2012 it read "B.   A portab".]

          1.   The source is installed in a manner conforming with the initial permit;

          2.   The source continues to meet all applicable emission limitations and permit conditions;

          3.   The owner or operator notifies the Department at least fifteen (15) days prior to beginning installation at the new location; and

          4.   The Department determines that no National or New Mexico Ambient Air Quality Standard will be exceeded at the new location.  [11-30-95]

203. CONTENTS OF APPLICATIONS:

     A.   The requirements of this Section may be modified by the Department, as appropriate, for emergency permits processed under Section 215.  Any person seeking a permit under Section 200.A of this Part shall do so by filing a written application with the  Department.  The applicant shall submit at least five (5) copies of the permit application.  All applications shall, as required by the Department:

          1.   Be made on forms furnished by the Department;

          2.   State the applicant's name and address, together with the names and addresses of all owners or operators of the source, and the applicant's state of incorporation or principal registration to do business;

          3.   State the date of the application;

          4.   Provide all information, including all calculations and computations, to describe the specific chemical and physical nature and to estimate the maximum quantities of any regulated air contaminants the source will emit after construction, modification or installation is completed, through routine operations, and all information, including all calculations and computations reasonably necessary to estimate maximum potential emissions during malfunction, startup, shutdown.  With respect to a toxic air pollutant as defined by Section 401.H this requirement only applies when the toxic air pollutant is emitted in such a manner that a permit is required under the provisions of Subpart IV; 

          5.   Demonstrate through submission of US EPA approved modeling or analysis, including all pertinent calculations and computations, that emissions from routine operations will not violate any NSPS, NESHAP, regulation adopted by the board under the Air Quality Control Act, any New Mexico or National Ambient Air Quality Standard, or prevention of significant deterioration increment;

          6.   Provide a preliminary operational plan defining the measures to be taken to mitigate source emissions during malfunction, startup or shutdown;

          7.   Be accompanied by: 

               a.   A map, such as the 7.5 minute Topographic Quadrangle map published by the United States Geological Survey or the most detailed map available showing the exact location of the proposed construction, modification or installation of the source; 

               b.   A process flow sheet, including a material balance, of all components of the facility which would be involved in routine operations and emissions;

               c.   A full description, including all calculations and the basis for all control efficiencies presented, of the equipment to be used for air pollution control, including a process flow sheet, or, if the Department so requires layout and assembly drawings;

               d.   A description of the equipment or methods proposed by the applicant to be used for emission measurement; and 

          8.   State the maximum and standard operating schedules of the source after completion of construction, modification or installation or after permit revision in terms of which and how many hours per day, days per week, days per month and days per year;

          9.   Contain such other relevant information as the Department may reasonably require; and

          10.  Be signed under oath or affirmation by the operator, the owner or an authorized representative, certifying, to the best of his or her knowledge the truth of, all information in the application and addenda, if any.  [11-30-95]

     B.   In addition to requirements in Section 203.A, each application filed with the Department for a permit shall include documentary proof that the applicant has provided notice of the filing of the application to the public and other affected individuals and entities.  The notice shall be:

          1.   Provided by certified mail, to the owners of record, as shown in the most recent property tax schedule, of all properties;

               a.   Within one hundred (100) feet of the property on which the facility is located or proposed to be located if the facility is or is proposed to be located in a Class A or Class H county or a municipality with a population of more than two thousand five hundred (2500) persons; or

               b.   Within one-half (1/2) mile of the property on which the facility is located or proposed to be located if the facility is or will be in a county or municipality other than those specified in subparagraph a of this subsection; and
          2.   Provided by certified mail to all municipalities and counties in which the facility is or will be located and to all municipalities and counties within a ten (10) mile radius of the property on which the facility is proposed to be constructed or operated;

          3.   Published once in a newspaper of general circulation in each county in which the property on which the facility is proposed to be constructed or operated is located.  This notice shall appear in either the classified or legal advertisements section of the newspaper and at one other place in the newspaper calculated to give the general public the most effective notice and, when appropriate, shall be printed in both English and Spanish;

          4.   Posted in at least four (4) publicly accessible and conspicuous places, including the proposed or existing facility entrance on the property on which the facility is, or is proposed to be located; and

          5.   Provided in a public service announcement to at least one radio or television station which serves the municipality or county in which the source is or is proposed to be located.  [11-30-95]

     C.   The notice specified in Section 203.B shall contain the following:

          1.   The applicant's name and address, together with the names and addresses of all owners or operators of the facility or proposed facility;

          2.   The date of application submittal;

          3.   The exact location of facility or proposed facility;

          4.   A description of the process for which a permit is sought including an estimate of the maximum quantities of any regulated air contaminant the source will emit after proposed construction is complete or permit is issued;

          5.   The maximum and standard operating schedules of the facility after completion of proposed construction or permit issuance; and

          6.   The current address of the Department to which comments and inquiries may be directed.  [11-30-95]

204. CONFIDENTIAL INFORMATION PROTECTION:    All confidentiality claims made regarding material submitted to the Department under this Part shall be reviewed under the provisions of Part 1 - General Provisions.  [11-30-95]

205. CONSTRUCTION, MODIFICATION AND PERMIT REVISION IN BERNALILLO COUNTY:   For the construction or modifications of sources within Bernalillo County, the applicant shall make such applications to the air quality control staff of the joint Albuquerque-Bernalillo County Air Quality Control Board, unless that board loses, rejects or fails to exercise authority for the administration and enforcement of the Air Quality Control Act, at which time this Part  shall apply in full in Bernalillo County.  [11-30-95]

206. PUBLIC NOTICE AND PARTICIPATION:

     A.   The Department shall:

          1.   Make available for public inspection a list of all pending applications for permits or permit revisions;

          2.   Make available for public inspection the permit application and the Department's preliminary determination.  This material shall be available both at the Department's central office and the responsible district or field office nearest to the proposed source.  Copies of any permit application, except those portions of which may be determined as confidential in accordance with Part 1 - General Provisions, will be supplied upon written request and payment of reasonable costs; 

          3.   Subsequent to the availability for public review of the permit application and preliminary determination, publish a public notice in a newspaper of general circulation in the area closest to the location of the source.  The notice shall include: the applicant's name and address, the location and brief description of the source, a summary of estimated emissions and ambient impact, and the Department's preliminary intent to grant or deny the permit.  The notice shall identify the location of the permit application and preliminary determination for public review and describe the manner in which comments or evidence may be submitted to the Department;

          4.   Allow all interested persons forty-five days from the date the public notice is published to submit written comments or evidence on the preliminary determination and application and to request a public hearing;

          5.   Mail written notice of the action taken on a permit application to those persons who submitted written comments or evidence on the application;

          6.   Mail a copy of the public notice at the same time it is sent for publication to the appropriate agency in the following locations if the source will locate within fifty kilometers of the boundary of other states, Bernalillo County, or a Class I area.  A copy of all public notices shall be sent to US EPA Region VI.  [11-30-95]

     B.   The Department shall hold a public hearing if the Secretary determines that there is a significant public interest.  Public hearings shall be held in the geographic area likely to be impacted by the source.  The time, date, and place of the hearing shall be determined by the Department.  The Department shall give notice of the hearing to the applicant and the public.  The Secretary may appoint a hearing officer.  A transcript of the hearing shall be made at the request of either the Department or the applicant and at the expense of the person requesting the transcript.  At the hearing, all interested persons shall be given a reasonable chance to submit data, views or arguments orally or in writing and to examine witnesses testifying at the hearing.  [11-30-95]

207. PERMIT DECISIONS AND APPEALS:

     A.   The Department shall within thirty (30) days after its receipt of an application for a permit or permit revision review such application for completeness.  If the application is judged complete, a certified letter to that effect shall be sent to the applicant.  If the application is judged incomplete a certified letter shall be sent to the applicant stating what additional information or points of clarification are necessary to judge the application complete.   If the application is judged complete but no permit is required, a certified letter shall be sent to the applicant informing the applicant of the determination.  [11-30-95] 

     B.   The Department shall, as soon as practicable after the Department deems the application complete but not to exceed one hundred eighty (180) days or two hundred forty (240) days if the application is subject to Part 74, Prevention of Significant Deterioration, either grant, grant subject to conditions or deny the permit or permit revision.  [11-30-95]

     C.   The Department shall grant the permit, grant the permit subject to conditions, or deny the permit based on information contained in the Department's administrative record.  The administrative record shall consist of the application, any other evidence submitted by the applicant, any evidence or written comments submitted by interested persons, any other evidence considered by the Department, a statement of matters officially noticed, and if a public hearing is held, the evidence submitted at the hearing.  [11-30-95]

     D.   Any person who participated in a permitting action before the Department shall be notified by the Department of the action taken and the reasons for the action.  Notification of the applicant shall be by certified mail.  [11-30-95]

     E.   Any person who participated in a permitting action before the Department and who is adversely affected by such permitting action may file a petition for hearing before the board.  The petition shall be made in writing to the board within thirty (30) days from the date notice is given of the Department's action and shall specify the portions of the permitting action to which the petitioner objects, certify that a copy of the petition has been mailed or hand-delivered as required by this paragraph, and attach a copy of the permitting action for which review is sought.  Unless a timely request for hearing is made, the decision of the Department shall be final.  The petition shall be copied simultaneously to the Department upon receipt of the appeal notice.  If the petitioner is not the applicant or permittee, the petitioner shall mail or hand-deliver a copy of the petition to the applicant or permittee.  The Department shall certify the administrative record to the board.  [11-30-95]

     F.   If a timely request for hearing is made, the board shall hold a hearing within ninety (90) days of receipt of the petition in accordance with Section 74-2-7 NMSA 1978.  [11-30-95]

     G.   Any person adversely affected by an administrative action taken by the board may appeal in accordance with Section 74-2-9 NMSA 1978.  [11-30-95]

208. BASIS FOR DENIAL OF PERMIT:

     The Department shall deny any application for a permit or permit revision if considering emissions after controls:  [11-30-95]

     A.   It appears that the construction, modification or permit revision will not meet applicable regulations adopted pursuant to the Air Quality Control Act;

     B.   The source will emit a hazardous air pollutant or an air contaminant in excess of any applicable New Source Performance Standard or National Emission Standard for Hazardous Air Pollutants or a regulation of the board;

     C.   For toxic air pollutants, See Subpart IV;

     D.   The construction, modification, or permit revision will cause or contribute to air contaminant levels in excess of any National Ambient Air Quality Standard or New Mexico Ambient Air Quality Standard unless the ambient air impact is offset by meeting the requirements of either Part 79 or Section 216, whichever is applicable;

     E.   The construction, modification, or permit revision would cause or contribute to ambient concentrations in excess of a Prevention of Significant Deterioration (PSD) increment;
      
     F.   Any provision of the Air Quality Control Act will be violated;

     G.   It appears that the construction of the new source will not be completed within a reasonable time; or

     H.   The construction, reconstruction, modification, or permit revision for major sources of hazardous air pollutants does not meet the requirements specified in Part 83.  [11-30-95]

209. ADDITIONAL LEGAL RESPONSIBILITIES ON APPLICANTS:  The issuance of a permit does not relieve any person from civil or criminal liability for failure to comply with the provisions of the Air Quality Control Act, the Federal Act, federal regulations thereunder, any applicable regulations of the board, and any other applicable law or regulation.  [11-30-95]

210. PERMIT CONDITIONS:

       A.   The contents of the application specifically identified by the Department shall become terms and conditions of the permit or permit revision.  [11-30-95]

      B.   The Department shall, as appropriate, specify conditions upon a permit, including:

          1.    Placement of individual emission limits determined on a case-by-case basis on the source for which the permit is issued, but such individual emission limits shall be only as restrictive as the more stringent of the following:

               a.   The extent necessary to meet the requirements of the Air Quality Control Act and the Federal Act; or

               b.   The emission rate specified in the permit application;

          2.   A requirement that such source install and operate control technology, determined on a case-by-case basis, sufficient to meet the requirements of the Air Quality Control Act and the Federal Act and regulations promulgated under either;

          3.   Compliance with applicable NSPS and NESHAP;

          4.   Imposition of reasonable restrictions and limitations other than restrictions and limitations relating to emission limits or emission rates; or

          5.   Any combination of the above.  [11-30-95]

     C.   In the case of a modification, the requirements of this Section apply only to the facility or facilities involved in such modification.  [11-30-95]

     D.   The Department may impose such other reasonable conditions upon a permit, including a schedule of construction, 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, and conditions requiring the source to be provided with or to undertake:

          1.   Sampling ports of a size, number and location as the Department may require;

          2.   Safe access to each port;

          3.   Instrumentation to monitor and record emission data including continuous emission monitoring, if appropriate;

          4.   Any other reasonable sampling, testing and ambient monitoring and meteorological facilities and protocols; and

          5.   Periodic testing pursuant to Section 213.  [11-30-95]

     E.   Any term or condition imposed by the Department on a permit or permit revision is enforceable to the same extent as a regulation of the board.  [11-30-95]

     F.   The Department will as a condition of each permit require the permittee to establish and maintain such records of the nature and amount of emissions and to make such periodic reports to the Department regarding the nature and amounts of emissions and the performance of air pollution control equipment, as are necessary to carry out the purpose of the Air Quality Control Act.  [11-30-95]

211. PERMIT CANCELLATIONS:

     A.   The Department shall automatically cancel any permit for any source which ceases operation for five years or more, or permanently.  Reactivation of any source after the five year period shall require a new permit.  [11-30-95]

     B.   The Department may cancel a permit if the construction or modification is not commenced within two years from the date of issuance or, if during the construction or modification, work is suspended for a total of one year, Such cancellation shall be subject to the following procedures:

          1.   At least thirty days prior to the cancellation of a permit, the Department shall notify the permittee by certified mail of the impending cancellation. The Department shall notify the permittee by certified mail of the cancellation of his permit and the reasons therefor.  Construction, modification and, if required, interim operation shall cease upon the effective date of cancellation contained in the notice of cancellation.  A permittee who has received notice that a permit is or will be cancelled may request a hearing before the board.  The request must be made in writing to the board within thirty days after notice of the Department's action has been received by the permittee. Unless a timely request for hearing is made, the decision of the Department shall be final; and

          2.   If a timely request for hearing is made, the board shall hold a hearing within thirty days after receipt of the request.  The Department shall notify the permittee by certified mail of the date, time and place of the hearing.  In the hearing the burden of proof shall be upon the permittee.  The board may designate a hearing officer to take evidence in the hearing.  Based upon the evidence presented at the hearing, the board shall sustain, modify or reverse the action of the Department.  [11-30-95] 

212. PERMITTEE'S NOTIFICATION REQUIREMENTS TO DEPARTMENT:  Any owner or operator subject to this Part shall notify the Department in writing of or provide the Department with:

     A.   Anticipated date of initial startup of a source not less than thirty (30) days prior to the date;

     B.   Actual date of initial startup of a source within fifteen (l5) days after the startup date;

     C.   Any change of operators within fifteen (l5) days of such change;
      
     D.   Any necessary update or correction no more than sixty (60) days after the operator knows or should have known of the condition necessitating the update or correction of the permit.  [11-30-95]

213. STARTUP AND FOLLOWUP TESTING:  Within sixty (60) days after achieving the maximum production rate at which the source will be operated but not later than one hundred eighty (l80) days after initial startup of the source, the owner or operator of the source may be required to conduct a performance test.  The test method utilized shall be approved by the Department.  Whenever the requirements of 40 CFR 60 or 61 apply, test methods must be utilized as specified in those regulations.  The owner or operator shall notify the Department at least thirty (30) days prior to the test date and allow a representative of the Department to be present at the test.  A written report of the results of the test shall be submitted to the Department by the owner or operator within thirty (30) days from the test date.  This requirement may be reimposed on a source as necessary if inspections of the source indicate noncompliance with permit conditions subject to such testing, or the previous test showed noncompliance or was technically unsatisfactory.  In such cases, the test requirement may be reimposed as frequently as necessary until compliance is achieved and testing is performed in a technically satisfactory manner.  This testing requirement may be waived if the source is a member of a class subject to an exemption from this requirement pursuant to Section 214, and has agreed to comply with, and its permit contains, enforceable design, operational and locational protocols set by the Department for the class of sources to which the source belongs.  [11-30-95]

214. SOURCE CLASS EXEMPTION PROCESS (PERMIT STREAMLINING):

     A.   Upon application by any person or group of persons, or upon the initiative of the Department, the board may exempt any source or class of sources, from any procedural requirement of this Part except the requirement to obtain a permit prior to commencement of construction if the board finds that the conditions set forth below in this Section have been met.  When possible, comprehensive exemptions shall be established for source classes in order to conduct expedited, streamlined permit processing for any applicant whose source is a member of such class.  Exemptions may be granted only after a public hearing of the board, at which time the basis for such exemption shall be presented and any interested person allowed to comment and to question any witness.  The board's decision that an exemption under this Section is justified shall be based at a minimum on each of the following findings:

          1.   The Department has substantial actual experience with or knowledge of the specific class of sources proposed for exemption, that such experience or knowledge is material to the application for exemption, and that such experience or knowledge includes modeling and analysis of a representative sample of such sources.  Such knowledge may be acquired through, but not limited to, direct Department experience with such sources, or the review of other regulatory agencies' experience, records, documentation and formal actions, or through publications of professional organizations and societies upon which engineers and scientists would conventionally rely in formulating a professional judgment; 

          2.   The sources possess sufficiently common characteristics of operation, process technology, emissions, emission control technology and impact on air quality that with respect to the specific requirements proposed to be exempted, protocols have been developed which, if applied to all members of that class, will ensure that air quality is protected at least as well as would be accomplished by the full permit review process; and

          3.   Under such an exemption, compliance with all federal and state air quality laws, regulations, standards and emissions limitations will be assured.  [11-30-95]

     B.   Exemptions may apply statewide or regionally and may be revoked by the board only after a public hearing following at least sixty days public notice.  [11-30-95]

     C.   As may be required under federal law, all protocols established hereunder shall be submitted to the US EPA for review and approval as revisions to the State Implementation Plan.  Such protocols shall be established contingent upon approval by the US EPA.  [11-30-95]

     D.   There shall be no exemptions under this Section from the requirements of Part 74, 79, 77, or 78.  [11-30-95]

215. EMERGENCY PERMIT PROCESS:

     A.   The Department may issue an emergency permit when the Secretary determines an emergency exists which threatens the public health, safety or welfare, and which requires the rapid construction or modification of, or installation of equipment in, a facility subject to this Part in order to mitigate, prevent or remedy such emergency.  [11-30-95]

     B.   Department personnel shall verify that the source, operating in accordance with the permit issued, can and will meet all applicable standards, emissions limitations and conditions before authorizing start-up in order to ensure that the public emergency is not worsened by excess or improperly controlled air pollution.  [11-30-95]

     C.   An emergency caused by any negligent or unlawful action or operation of the facility or the facility owner or operator, including but not limited to failure to apply timely for a permit or revision, shall not constitute an emergency for the purposes of this Section.  [11-30-95]

     D.   The requirements of Sections 206.A.4 and 5, 206.B, and 207.A and B shall not apply to emergency permits processed under this Section.  [11-30-95]

     E.   Construction shall not commence until the emergency permit is issued.  [11-30-95]

216. NONATTAINMENT AREA REQUIREMENTS:

     A.   The requirements of this Section apply to:

          1.   A source or modification which will emit a regulated air contaminant such that the ambient impact of the contaminant would exceed the significant ambient concentration in Section 500, Table 1 at any location that does not meet the New Mexico Ambient Air Quality Standard for the contaminant; or

          2.   A source or modification which is not a major stationary source or major modification as defined in Part 79 and which will emit a regulated air contaminant such that the ambient impact of the contaminant would exceed the significant ambient concentration in Table 1 at any location that does not meet the National Ambient Air Quality Standard for the contaminant.  [11-30-95]

     B.   A source or modification subject to this Section shall offset the ambient impact of its emissions by:

          1.   Obtaining emission offsets for proposed emissions in an amount greater than one-to-one such that a net air quality benefit will occur; and

          2.   Ensuring emission offsets are quantifiable, enforceable, and permanent by meeting the following Sections of Part 79:

               a.   Section 114 - Emission Offset Baseline

               b.   Section 115 - Emission Offsets

               c.   Section 117 - Air Quality Benefit [11-30-95]

217. COMPLIANCE CERTIFICATIONS:

     A.   Notwithstanding any other provision in the New Mexico State Implementation Plan approved by the Administrator, for the purpose of determining compliance, an owner or operator is not prohibited from using monitoring as required under Part 70 and incorporated into an operating permit in addition to any specified compliance methods.  [11-30-95] 

     B.   The requirements of this Section are only applicable to those sources which, in addition to being subject to this Part are either: defined as a major source under Part 70 - Operating Permits, or; subject to Part 82 - Maximum Achievable Control Technology Standards for Source Categories of Hazardous Air Pollutants.  [11-30-95]

218. ENFORCEMENT:  Notwithstanding any other provision in the New Mexico State Implementation Plan approved by the Administrator, any credible evidence may be used for the purpose of establishing whether a person has violated or is in violation of the terms or conditions of a permit issued pursuant to this Part, including permits for sources meeting the applicability requirements Part 74  - Prevention of Significant Deterioration, or Part 79 - Permits - Nonattainment Areas.  [11-30-95]

     A.   Information from the use of the following methods is presumptively credible evidence of whether a violation has occurred at the source:

          1.   A monitoring or information gathering method approved for the source pursuant to Part 70 and incorporated in an operating permit; or

          2.   Compliance methods specified in the New Mexico State Implementation Plan.  [11-30-95]

     B.   The following testing, monitoring or information gathering methods are presumptively credible testing, monitoring or information gathering methods:

          1.   Any federally enforceable monitoring or testing methods, including those in 40 CFR, parts 51, 60, 61 and 75; and 

          2.   Other testing, monitoring or information gathering methods that produce information comparable to that produced by any method in Section 218.A or Section 218.B.1, above.  [11-30-95]

     C.   The requirements of this Section 218 are only applicable to those sources which, in addition to being subject to this Part, are either: defined as a major source under Part 70 - Operating Permits, or; subject to Part 82 - Maximum Achievable Control Technology Standards for Source Categories of Hazardous Air Pollutants.  [11-30-95]

219 - 299.     [RESERVED]


         SUBPART III - SOURCE CLASS PERMIT STREAMLINING

300. DEFINITIONS:  In addition to the definitions in Section 107, the following definitions apply to this Subpart:

     A.   "Compressor station" means a facility whose primary function is the extraction of crude oil, natural gas, or water from the earth with compressors, or movement of any fluid, including crude oil or natural gas, or products refined from these substances through pipelines or the injection of natural gas or CO2 back into the earth using compressors.  A compressor station may include engines to generate power in conjunction with the other functions of extraction, injection or transmission and may contain emergency flares.  A compressor station may have auxiliary equipment which emits small quantities of regulated air contaminants, including but not limited to, separators, de-hydration units, heaters, treaters and storage tanks, provided the equipment is located within the same property boundaries as the compressor engine.  [11-30-95]

     B.   "Good engineering practice stack height" means HGEP = H + 1.5L, where H equals the height of any building or obstruction within 5L of the stack, and L equals the lesser of the height or maximum projected width of the building or obstruction.  [11-30-95] 

     C.   "Impact area" means the circular area with a radius extending from the source to the most distant point where the total potential emissions from the facility will cause a significant ambient impact (i.e., equal or exceed the applicable significant ambient impact level in Part 72, Section 500, TABLE 1 ).  [11-30-95]

     D.   "Maximum projected width" means the largest crosswind building or obstruction dimension.  [11-30-95]

     E.   "Potential to emit" or "potential emissions" means the maximum capacity of a stationary source to emit a regulated air contaminant under its physical and operational design.  Any physical or operational limitation on the capacity of the source to emit a regulated air contaminant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as of its design if the limitations or the effect it would have on emissions is federally enforceable.  Secondary emissions do not count in determining the potential to emit of a stationary source.  [11-30-95]

     F.   "Secondary emissions" means emissions of an air contaminant which occur as a result of the construction or operation of a stationary source or modification, but do not come from the stationary source or modification itself.  Secondary emissions must be specific, well defined, quantifiable, and impact the same general areas as the stationary source or modification which causes the secondary emissions.  Secondary emissions include emissions from any offsite support facility which would not be constructed or increase its emissions except as a result of the construction or operation of the stationary source or modification.  Secondary emissions do not include any emissions which come directly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel.  [11-30-95]

     G.   "SUM" means the sum of the potential emissions for oxides of nitrogen from all adjacent sources.  [11-30-95]

     H.   "SUM15" means the sum of the potential emissions for oxides of nitrogen from all adjacent sources within 15 km of the NO2 impact area.  [11-30-95]

     I.   "SUM25" means the sum of the potential emissions for oxides of nitrogen from all adjacent sources within 25 km of the NO2 impact area.  [11-30-95]

     J.   "Sweet natural gas" means natural gas containing no more than 0.25 grains of hydrogen sulfide per 100 standard cubic feet of gas.  [11-30-95]

301. APPLICABILITY:

     A.   Any owner or operator intending to construct or modify a source which requires a permit under the provisions of Part72, Section 200 may elect to obtain a permit under Part 72, Subpart III if the source category is listed in Section 501, TABLE 2.  [11-30-95]
  
     B.   Part 72, Subpart III shall not apply to:

          1.   Any "major stationary source" as defined in Part 74;

          2.   Any facility, either before or after construction or modification, with a total potential to emit of any regulated air contaminant greater than 200 tons per year (tpy);

          3.   Any source subject to the requirements of Part 78  or Part 72, Subpart IV;

          4.   Any reciprocating internal combustion (IC) engines and/or turbines located at petroleum refineries, chemical manufacturing plants, bulk gasoline terminals, natural gas processing plants, or at any facility containing sources in addition to IC engines and/or turbines for which an air quality permit is required through state or federal air quality regulations;

          5.   Any source which emits or proposes to emit those contaminants for which the impact area from the facility intersects an area, or for which the area itself is: 1) designated nonattainment for federal ambient air quality standards; or 2) nonattainment for federal PSD increments or state ambient air quality standards according to ambient data or air quality modeling; or 3) shown by air quality data or dispersion or other air quality modeling that air contaminants have consumed more than 80% of state or federal ambient air quality standards or PSD increments for those areas where the baseline has been triggered for the specific PSD increments;

          6.   Any source with the nearest property boundary located less than:

               a.   1 kilometer (km) from a school, residence, office building, or occupied structure.  Buildings and structures within the immediate industrial complex of the source are not included.

               b. 3 km from the property boundary of any state park, Class II wilderness area, Class II national wildlife refuge, national historic park, state recreation area, or community with a population of more than twenty-thousand people.

               c. 10 km from the boundary of any community with a population of more than forty-thousand people, or

               d. 30 km from the boundary of any Class I area;

          7.   Any source located in Bernalillo County or within 15 km of the Bernalillo County line.  [11-30-95]

     C.   The following Sections of Part 72, Subpart II apply to permit applications submitted pursuant to Part 72, Subpart III:  Sections 200.A, 200.B, 200.E through 200.H, 202, 204, 205, 206.B, 207.C through 207.F, 208 through 212, 214, and 215.  The remainder of Part 72, Subpart II does not apply to applications submitted pursuant to Subpart III.  [11-30-95]

     D.   Any source, including compressor stations, consisting of IC engines and/or turbines must comply with one of the following three criteria, Section 301.D.1, 301.D.2, 301.D.3, in order to qualify for source class permit streamlining under Part 72, Subpart III (In demonstrating compliance with Section 301.D, the Department shall give no credit for modeled reductions in ambient air concentrations due to so much of a source's stack which exceeds good engineering stack height, or fifty (50) feet in situations where there are not obstructions or buildings associated with the source):

          1.   The total potential to emit of each regulated contaminant from all sources at the facility shall be less than 40 tpy. The potential to emit for nitrogen dioxide shall be based on total oxides of nitrogen; or

          2.   The total potential to emit of each regulated contaminant from all emission sources at the facility shall be less than 100 tons per year (tpy) and the impact on ambient air from all sources at the facility shall be less than the ambient significance levels in Part 72, Section 500, Table 1.  The potential to emit for nitrogen dioxide shall be based on total oxides of nitrogen expressed as nitrogen dioxide; or

          3.   The maximum modeled ambient impact from the total potential emissions at the facility shall be less than 50 percent of each applicable PSD increment, for those areas where the baseline has been triggered for the specific PSD increments, and state and federal ambient air quality standards; and

               a.   There shall be no adjacent sources emitting the same regulated air contaminant(s) as the source within 2.5 km of the modeled nitrogen dioxide (NO2) impact area; and

               b.   The "sum of the potential emissions for oxides of nitrogen from all adjacent sources" (SUM) within 15 km of the NO2 impact area (SUM15) shall be less than 740 tpy; and

               c.   The SUM25 within 25 km from the NO2 impact area shall be less than 1540 tpy.  [11-30-95]

          4.   Modifications to the auxiliary emission generating equipment at a facility qualifying and electing source class permit streamlining may commence without obtaining a permit for such modification as long as the total potential to emit of all auxiliary equipment remains at or below 1.0 lb/hr for any one regulated air contaminant and as long as the total potential to emit of each regulated air contaminant from the compressor station meets the requirements of Sections 301.D.1 or 301.D.2 or previously qualified under Sections 301.D.3.  The applicant shall provide, in writing, the nature of all changes to the Department no later than 15 days prior to the expected change.  [11-30-95]

302. CONTENTS OF APPLICATION:

     A.   Any person seeking a permit under Part 72, Subpart III  shall do so by filing a written application with the Department.  For those applications not qualifying under Section 303.A, the applicant shall also:

          1.   Provide by certified mail a complete copy of the application and public notice to the Department's field or district office nearest the source; and

          2.   Provide by certified mail a copy of the public notice to the appropriate federal land manager if the source will locate within 50 km of the boundary of a Class I area.  [11-30-95]

     B.  All applications shall be filed on forms furnished by the Department and shall include:
          
          1.   The applicant's name and address, the person to contact regarding the application, and the name and address of the new source or modification;

          2.   The date of the application;

          3.   A description of the new facility or modification including all operations effecting air emissions;

          4.   The anticipated operating schedule;

          5.   A map such as a 7.5 minute United States Geological Survey Topographic Quadrangle showing the location of the stationary source;

          6.   The Universal Transverse Mercator (UTM) horizontal and vertical coordinate(s) for the facility;

          7.   A plot plan showing the location of emission units with respect to the plant's property boundaries and the dimensions of any buildings, terrain, or obstructions which may cause emissions to be downwashed;

          8.   A detailed description of any air pollution control device or method to be utilized, including the basis for the estimated control efficiency;

          9.   The stack and exhaust gas parameters for all emission points, including calculations and manufacturer's or supplier's data which documents the emission rates and exhaust gas parameters;

          10.  A comprehensive regulatory compliance review, including all pertinent data and calculations, for each applicable new source performance standard, such as 40 CFR 60, Sub GG - Standards of Performance for Stationary Gas Turbines;

          11.  Documentation of the manufacturer's or supplier's recommended maintenance schedules and procedures for all air pollution control equipment;

          12.  A compliance demonstration based on US EPA  approved modeling or analysis, including all pertinent calculations and computations, for all applicable requirements of Part 72, Subpart III for any facility electing to obtain a permit under this Subpart;

          13.  Documentary proof that the requirements of Part 72, Sections 302.A.1 and 302.A.2 have been satisfied; 

          14.  An application signed under oath or affirmation by the operator, the owner, or an authorized representative, certifying to the best of his or her knowledge the truth of all information submitted; and

          15.  Any other relevant information as the Department may reasonably require.  [11-30-95]

303.  PUBLIC NOTICE AND PARTICIPATION:

     A.   Applications qualifying under the following Sections of Subpart III are not subject to Section 303.B and 303.C.2:

          1.   Section 301.D.1 and 301.D.2.  [11-30-95]

     B.   The applicant shall:  

          1.   Publish notice once in a newspaper of general circulation in the area closest to the location of the source.  This notice shall appear in either the classified or legal advertisements section of the newspaper.  Notice shall be
published in accordance with Department guidance documents and must include:
  
               a.   The applicant's name and address;

               b.   The address and phone number of the Department's Air Quality Bureau in Santa Fe, and the address of the field or district office where a copy of the application will be sent as required in Part 72, Section 302.A;

               c.   The location and a brief description of the source;

               d.   A summary of estimated emissions and ambient impact for each regulated contaminant for the entire facility;

               e.   Where required in Subpart III, the applicant's public notice shall contain the following statement:  "Any comments submitted on this permit application should address the relevant requirements of state and federal air quality regulations and the Federal Clean Air Act and the state Air Quality Control Act. The comments shall be submitted to the Department's Air Quality Bureau in Santa Fe within thirty (30) days following the date of publication";

               f.   Any other information required by the Department; and

          2.   Post the notice at the proposed or existing facility entrance on the property on which the facility is, or is proposed to be located prior to submittal of the application and remaining posted until the Department takes final action on the permit.  [11-30-95]

     C.   The Department shall:

          1.   Make available for public inspection the permit application.  Copies of any permit application, except those portions of which may be determined as confidential in accordance with Part 1 - General Provisions, will be supplied upon written request and payment of reasonable costs.  [11-30-95]

          2.   Allow all interested persons thirty (30) days from the date of publication of the applicant's public notice in a newspaper of general circulation, to submit written comments or evidence on the application.  [11-30-95]

304. PERMIT DECISIONS:

     A.   The Department shall within thirty (30) days after its receipt of an application for a permit or permit revision review such application for completeness.  If the application is judged complete, a certified letter to that effect shall be sent to the applicant.  If the application is judged incomplete, a certified letter shall be sent to the applicant stating what additional information or points of clarification are necessary to judge the application complete.  If the application is judged complete but no permit is required, a certified letter shall be sent to the applicant informing the applicant of the determination.  [11-30-95] 

     B.   The Department shall either grant, grant subject to conditions, or deny the permit or permit revision on those applications, as soon as practicable after the Department deems the application complete but not to exceed the times specified below: 

          1.   For applications qualifying under the Section 301.D.1 or 301.D.2, within thirty (30) days;

          2.   For all other applications, within sixty (60) days, or ninety (90) days if there is a hearing under Part 72, Section 206.  [11-30-95] 

305. GENERAL REQUIREMENTS:  All sources permitted pursuant to Part 72, Subpart III shall operate in compliance with the following conditions:

     A.   A copy of the most recent permit issued by the Department shall be made available to Department personnel for inspection upon request.  If the permit is not kept at the plant location, a notice at the plant site shall be located in a conspicuous place stating the facility name and ownership, air quality permit number, and the address and phone number of the Department in Santa Fe;
     B.   The source shall operate in compliance with all applicable state and federal regulations, including federal new source performance standards incorporated by Part 77 and permit conditions;

     C.   The owner or operator of the source shall be required to conduct such performance tests as specified by the Department to determine compliance with emission limitations or technology requirements as specified in an applicable regulation or permit condition.  Specific schedules and requirements will be listed in Section 306 for each source class and/or in the permit.  Performance test requirements may be reimposed on a source as necessary if inspections of the source or other information available to the Department, indicate noncompliance, or the previous test showed noncompliance or was technically unsatisfactory.  In such cases, the Department may reimpose such tests as frequently as necessary until compliance is achieved and testing is performed in a manner technically satisfactory to the Department.  The owner or operator shall:

          1.   Arrange a pretest meeting with the Department at least two weeks prior to the anticipated test date for all tests;

          2.   Notify the Department at least thirty (30) days prior to the date and time of performance testing, and provide the Department an opportunity to have an observer present during testing;

          3.   Conduct performance tests in accordance with methods and procedures specified by the Department.  Whenever the requirements of 40 CFR 60 apply, test methods must be utilized as specified in those regulations;

          4.   Submit a written report to the Department of the results of the test within thirty (30) days from the test date; and

     D.   The owner or operator using a catalytic converter to meet the requirements of Subpart III shall satisfactorily test the reduction efficiency across the catalyst bed and report the results of the test to the Department according to the permit conditions, within ninety (90) days following initial start-up and on a quarterly basis thereafter, unless an alternative testing schedule is specified by the Department.  The tests shall be conducted in accordance with the requirements of Part 72, Section 305.C and as required in the permit, except that the requirements of Section 305.C.1 and 2 shall be waived unless the Department specifically requests a pretest meeting or notification of the next test date.  [11-30-95]

306. SOURCE CLASS REQUIREMENTS:

     A.   In addition to the general conditions of Section 305,  each permitted source listed in Table 2 shall also comply with the applicable source class requirements below:

          1.   Requirements for source class category 1 - reciprocating internal combustion (IC) engines:

               a.   Gas fuel shall be produced natural gas, sweet natural gas, liquid petroleum gas, or fuel gas.  No gas fuel shall contain more than 0.1 grain of total sulfur per dry standard cubic foot.  Liquid fuel shall be first run refinery grade diesel or No. 2 fuel oil that is not a blend containing waste oils or solvents and contains less than 0.3% by weight sulfur;

               b.   Within ninety (90) days after initial start-up of the source, the owner or operator shall conduct NOx and carbon monoxide (CO) performance tests on one or more engines (turbines) at the facility to ensure the facility is in compliance with Part 72, Subpart III and permit requirements, including emission limits and any applicable pollution control device reduction efficiency requirements for NOx.  The Department shall specifically identify in the permit each engine or turbine subject to initial performance testing requirements.  Tests shall be conducted in accordance with the requirements of Section 305.C;

               c.   Any engine which operates with a non-selective catalytic converter shall comply with the following requirements:  
                    (1)  Any spark ignited gas-fired or any compression ignited dual fuel-fired engine shall be equipped and operated with an automatic air-fuel ratio (AFR) controller which maintains AFR in the range required to minimize NOx emissions, as recommended by the manufacturer; and 
                    (2)  The owner or operator shall make and maintain records to demonstrate that the manufacturer's or supplier's recommended maintenance is performed, including replacement of the oxygen sensor as necessary for oxygen-based AFR controllers, and cleaning, regeneration, and/or replacement of catalyst(s) as necessary to maintain at least the NOx reduction efficiencies across the catalyst bed that are specified in the permit.  [11-30-95]

     B.   Requirements for source class category 2 - turbines:

          1.   The source must comply with Sections 306.A.1 and 306.A.2  [11-30-95]

307 - 399.     [RESERVED]


      SUBPART IV - PERMITS FOR TOXIC AIR POLLUTANT EMISSIONS

400 - 499.   NOT IN SIP





                      SUBPART V - APPENDIX

SEE NOTE TO READER AT BEGINNING OF THIS PART


500. TABLE 1 - SIGNIFICANT AMBIENT CONCENTRATIONS
 

[11/30/95]

      _______________________________________________________


501. TABLE 2 - PERMIT STREAMLINING SOURCE CLASS CATEGORIES

1.   Reciprocating internal combustion engines including
portable or temporary engines
 
2.   Turbines 
                                   [11-30-95]



502. TOXIC AIR POLLUTANTS AND EMISSIONS:

NOT IN SIP: SEE NOTE TO READER AT BEGINNING OF THIS PART


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