Current through Register Vol. 35, No. 18, September 24, 2024
A. The
department may issue an emergency permit when the director determines an
emergency situation exists that threatens public health, safety or welfare, and
that a source subject to 20.11.41 NMAC should be immediately constructed,
modified or relocated in order to mitigate, prevent or remedy the
emergency.
B. In order to ensure
that the public emergency is not worsened by excess emissions or inadequate air
pollution control equipment, the department shall verify that the source, when
operating in accordance with the permit to be issued, can and will meet all
applicable standards, emission limitations and conditions before the department
authorizes startup.
C. If the
department makes an affirmative administrative completeness determination
regarding a request for an emergency permit and the department decides to issue
the emergency permit, then the department shall:
(1) make the request for an emergency permit,
the issued emergency permit and all supporting documents available for public
inspection at the department's air quality division office at One Civic Plaza
NW, Albuquerque, New Mexico 87102;
(2) publish public notice in the newspaper
with the largest general circulation in Bernalillo county; the notice shall
state:
(a) the applicant's name and address,
the proposed or existing location, a brief description of the source, a brief
summary of proposed emissions and ambient air quality impacts as determined by
air dispersion modeling if required by the department, the department's
approval of the request for an emergency permit and that the department has
issued the emergency permit;
(b)
the location where the request for the emergency permit, the emergency permit
and the department's analysis are available for public review;
(c) that the public has 30 days to submit
written comment and evidence to the department regarding the emergency permit,
the deadline for submitting written comments and evidence; and
(d) that the department shall hold a PIH
pursuant to 20.11.41.15 NMAC if the director determines there is significant
public interest and a significant air quality issue is involved;
(3) provide the notice required by
Paragraph (2) of Subsection C of 20.11.41.24 NMAC by regular mail or electronic
mail to all individuals and organizations identified on a list maintained by
the department of persons who within the previous 12 months have delivered to
the department a written request for notice of all applications filed pursuant
to 20.11.41 NMAC;
(4) provide a
copy of the public notice required by Paragraph (2) of Subsection C of
20.11.41.24 NMAC 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, if available, 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; and
(5) allow all interested persons 30 days from
the date the public notice is published to deliver to the department written
comment and evidence regarding the emergency permit.
D. If a person violates a board regulation or
permit condition, including failure to apply in a timely manner for a permit,
permit modification, relocation or technical revision, then the violation shall
not qualify as an emergency for the purposes of 20.11.41.24 NMAC.
E. The following requirements shall not apply
to emergency permits processed pursuant to 20.11.41.24 NMAC: Subsection B of
20.11.41.13 NMAC and Subsections A and B of 20.11.41.16 NMAC.
F. The permittee shall not commence emergency
construction, modification or relocation until the department has issued an
emergency permit.
