New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD
Part 41 - CONSTRUCTION PERMITS
Section 20.11.41.13 - APPLICATION FOR PERMIT
Universal Citation: 20 NM Admin Code 20.11.41.13
Current through Register Vol. 35, No. 18, September 24, 2024
A. Pre-application requirements: A person who is seeking a permit pursuant to 20.11.41 NMAC shall contact the department in writing and request a pre-application meeting for information regarding the contents of the application and the application process. The meeting shall include discussion of approved emission factors and control efficiencies, air dispersion modeling guidelines, department policies, air quality permit fees, public notice requirements and regulatory timelines. The department may waive the pre-application meeting requirement.
B. Applicant's public notice requirements: If the applicant is applying for a permit or permit modification, then before the applicant submits the application required by Subsection E of 20.11.41.13 NMAC, the applicant shall comply with the public notice requirements of Paragraphs (1) and (2) of Subsection B of 20.11.41.13 NMAC. If the applicant is applying for a portable stationary source relocation, then the department may require that the applicant comply with these same notice requirements. The applicant shall:
(1)
provide public notice by certified mail or electronic mail to the designated
representative(s) of the recognized neighborhood associations and recognized
coalitions that are within one-half mile of the exterior boundaries of the
property on which the source is or is proposed to be located; contact
information shall be obtained from the most current records of the city of
Albuquerque office of neighborhood coordination and the county of Bernalillo
zoning, building and planning department; the public notice shall include all
information required by Subsection C of 20.11.41.13 NMAC; the applicant may
submit a written request to the department proposing an alternative approach to
providing public notice if the proposed source or modification is located at a
site with large property boundaries or campus-like facilities; the applicant
shall obtain prior written approval from the department before using an
alternative approach to providing public notice;
(2) prior to submitting the application, post
and maintain a weather-proof sign provided by the department, posted at the
more visible of either the proposed or existing facility entrance or, if
approved in advance and in writing by the department, at another location on
the property that is accessible to the public; the applicant shall list all
information required by Subsection C of 20.11.41.13 NMAC, on the sign; the
applicant shall keep the sign posted until the department takes final action on
the permit application; if an applicant can establish to the department's
satisfaction that the applicant is prohibited by law from posting, at either
location required by Paragraph (2) of Subsection B of 20.11.41.13 NMAC, the
department may waive the posting requirement and may impose different
notification requirements.
C. Additional public notice requirements: The public notice specified in Paragraphs (1) and (2) of Subsection B of 20.11.41.13 NMAC shall include the following:
(1) the applicant's name and address, and the
names and addresses of the owner or operator of the source or proposed
source;
(2) the actual or estimated
date the application will be submitted to the department;
(3) the exact location of the source or
proposed source;
(4) a description
of the source and related facility, if any; the nature of the business; the
process or the change for which the permit is being requested, including a
preliminary estimate of the maximum quantities of each regulated air
contaminant the source will emit if the permit is issued and the proposed
construction or modification is completed; and, if the source is being
modified, the net change in emissions;
(5) the maximum and normal operating
schedules proposed for the source or facility; and
(6) the current address of the applicant to
which comments and inquiries may be directed.
D. A person who is seeking a construction permit pursuant to 20.11.41 NMAC shall complete a permit application and file one complete original and one duplicate copy with the department. A person who is seeking a general construction permit shall complete the applicable general construction form pursuant to Subsection C of 20.11.41.31 NMAC and file one complete original form and a duplicate copy with the department. All applications shall be submitted with the fee required by 20.11.2 NMAC.
E. Application contents: The following are the minimum elements that shall be included in the permit application before the department can determine whether the application is administratively complete and ready for technical review. It is not necessary to include an element if the department has issued a written waiver regarding the element and the waiver accompanies the application. However, the department shall not waive any federal requirements. The permit application shall include:
(1) a completed
permit application form provided by the department;
(2) the name, street address and post office
address, if any, of the applicant and the names, street addresses and post
office addresses, if any, of the owner and all operators of the source if
different than the applicant;
(3)
the date the application was submitted to the department;
(4) sufficient attachments, including
calculations, computations, EPA-approved air dispersion model as required, or
models executed under a protocol as required that has been approved in advance
and in writing by the department, and all other analyses used by the applicant
to provide information to describe the potential emission rate and nature of
all regulated air contaminants that the source may emit, and the actual
emissions that the source will emit under routine operations after
construction, modification, relocation or technical revision, and estimates of
potential emissions during malfunction, startup and shutdown;
(5) an operational and maintenance strategy
detailing:
(a) the steps the applicant will
take if a malfunction occurs that may cause emission of a regulated air
contaminant to exceed a limit that is included in the permit;
(b) the nature of emissions during routine
startup or shutdown of the source and the source's air pollution control
equipment; and
(c) the steps the
applicant will take to minimize emissions during routine startup or
shutdown;
(6) a map,
such as a 7.5 minute topographic quadrangle map published by the United States
geological survey or a map of equivalent or greater scale, detail and
precision, including a city of Albuquerque or county of Bernalillo zone atlas
map that shows the proposed location of each process equipment unit involved in
the proposed construction, modification, relocation or technical revision of
the source;
(7) an aerial
photograph showing the proposed location of each process equipment unit
involved in the proposed construction, modification, relocation or technical
revision of the source except for federal agencies or departments involved in
national defense or national security as confirmed and agreed to by the
department in writing;
(8) a
complete description of all sources of regulated air contaminants and a process
flow diagram depicting the process equipment unit or units at the facility,
both existing and proposed, that are proposed to be involved in routine
operations and from which regulated air contaminant emissions are expected to
be emitted;
(9) a full description
of air pollution control equipment, including all calculations and the basis
for all control efficiencies presented, manufacturer's specifications sheets,
and site layout and assembly drawings; UTM (universal transverse mercator)
coordinates shall be used to identify the location of each emission
unit;
(10) a description of the
equipment or methods proposed by the applicant to be used for emission
measurement;
(11) the maximum and
normal operating time schedules of the source after completion of construction,
modification, relocation or technical revision;
(12) any other relevant information as the
department may reasonably require;
(13) the signature of the applicant,
operator, owner or an authorized representative, certifying to the accuracy of
all information as represented in the application and attachments, if
any;
(14) a check or money order
for the appropriate application fee or fees required by 20.11.2 NMAC, Fees; the
fees are established to offset some or all of the reasonable costs of the
department reviewing and acting upon an application for a permit and
implementing and enforcing the terms and conditions of the permit, excluding
costs associated with an enforcement action; and
(15) documentary proof that the applicant has
complied with all public notice requirements, as required by Subsections B and
C of 20.11.41.13 NMAC; documentary proof shall include proof of delivery of
certified mail or e-mail of the public notice required by Paragraph (1) of
Subsection B of 20.11.41.13 NMAC and a photograph of each notice posted as
required by Paragraph (2) of Subsection B of 20.11.41.13 NMAC.
F. Changing, supplementing or correcting applications:
(1) Before
the department makes a final decision regarding the application, the applicant
shall have a duty to promptly supplement and correct information the applicant
has submitted in the application to the department. Applicant's duty to
supplement and correct the application includes relevant information acquired
after the applicant has submitted the application and additional information
the applicant otherwise determines is relevant to the application and the
department's review and decision.
(2) While the department is processing an
application, regardless of whether the department has determined the
application is administratively complete, if the department determines
additional information is necessary to evaluate or make a final decision
regarding the application, the department may request, and the applicant shall
provide the requested additional information. The request shall be in writing,
identify the additional information requested, the reason the additional
information is needed, and set a reasonable deadline for a response. The
applicant shall submit the requested information in writing to the department
on or before the response deadline.
G. Protection of confidential information:
(1) All records, reports
or information relating to permit applications obtained by the department or
the board from any person shall be available to the public for inspection and
copying, unless a person has made a satisfactory showing to the department or
the board, as confirmed and agreed to by the department in writing, that
specific items or information or parts thereof, if made public, would divulge:
confidential business records, methods or processes entitled to protection as
trade secrets; information pertaining to national defense; or information
pertaining to national security. If the items or information are specifically
marked by the person as confidential at the time of submittal, the department
and the board shall then protect the items and information listed in
Subparagraphs (a) and (b) of Paragraph (1) of Subsection G of 20.11.41.13 NMAC
as confidential and not to be made a part of any public record unless the
person expressly agrees, in writing, to its inspection, copying, or
publication:
(a) records, reports or
information relating to methods, processes or production techniques unique to
the person, and
(b) data relating
to the person's profits and costs or other confidential business information
which have not previously been released to the public.
(2) Subsection G of 20.11.41.13 NMAC shall
not be construed to prohibit the release of information concerning the nature
and amount of emissions from any source.
(3) The department shall review all claims of
confidentiality made by any person pursuant to 20.11.41 NMAC and shall notify
the person of the department's determination by certified mail or electronic
mail in a timely manner and shall include the reasons for the decision. The
burden of proof for claims of confidentiality shall be upon the person
submitting such claim.
(4) The
department's determination regarding claims made pursuant to Subsection G of
20.11.41.13 NMAC shall be the final administrative determination.
(5) The department shall protect information
claimed and subsequently found to be confidential in accordance with the
provisions of 74-2-11 NMSA 1978 and
18 U.S.C. Section
1905, except that any such record, report or
information may be disclosed:
(a) to other
officers, employees or authorized representatives of the department, the board
and the EPA; or
(b) in any
proceeding pursuant to the federal act or the state act, when
relevant.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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