N.M. Admin. Code § 20.11.41.30 - PERMIT REOPENING, REVISION AND REISSUANCE

A. The department may impose reasonable terms and conditions upon a permit, including a schedule of construction, the maximum period of time the permit shall be valid and 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. The department may reopen, revise and reissue a permit if the department determines:

(1) additional applicable requirements of the federal Act or the state act become applicable to the source, including excess emission requirements under the Title IV acid rain program;

(2) the permit contains a substantive material mistake or that an inaccurate statement was made in the permit application that resulted in incorrect or inappropriate evaluation of ambient air quality impacts or incorrect or inappropriate terms and conditions in the permit, including emissions limitations;

(3) the permit requires reopening, revision and reissuance to ensure compliance with all applicable requirements of the federal act, the state act and the board regulations;

(4) the permittee failed to disclose a material fact or a regulation that is applicable to the source as required in the permit application process, and the applicant knew or should have known about the material fact or regulation at the time the application was submitted; or

(5) the terms and conditions of a permit have not been or are not being met, as determined by the department.

B. The department shall notify the permittee by certified mail no fewer than 60 days before the date the department reopens the permit, except a shorter time period may be specified by the department in case of an emergency. The notification shall include a description of the reason or grounds for the reopening, the revisions required and any information that shall be submitted to the department by the permittee. The permittee shall submit all required additional information to the department no later than 30 days after receipt of the notification from the department. A permittee may request additional time to provide required information by delivering a written request to the department. The extension of time shall be effective if approved in writing by the department.

C. A permit that has been reopened and reissued may be appealed pursuant to 20.11.81 NMAC.

Notes

N.M. Admin. Code § 20.11.41.30

20.11.41.30 NMAC - N, 1/1/14