New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 2 - AIR QUALITY (STATEWIDE)
Part 70 - OPERATING PERMITS
Section 20.2.70.401 - PUBLIC PARTICIPATION

Universal Citation: 20 NM Admin Code 20.2.70.401

Current through Register Vol. 35, No. 18, September 24, 2024

A. Proceedings for all permit issuances (including renewals), significant permit modifications, reopenings, revocations and terminations, and all modifications to the Department's list of insignificant activities, shall include public notice and provide an opportunity for public comment. The Department shall provide thirty (30) days for public and affected program comment. The Department may hold a public hearing on the draft permit, a proposal to suspend, reopen, revoke or terminate a permit, or for any reason it deems appropriate, and shall hold such a hearing in the event of significant public interest. The Department shall give notice of any public hearing at least thirty (30) days in advance of the hearing.

B. Public notice and notice of public hearing shall be given by publication in a newspaper of general circulation in the area where the source is located or in a state publication designed to give general public notice, to persons on a mailing list developed by the Department, including those who request in writing to be on the list, and by other means if necessary to assure adequate notice to the affected public.

C. The public notice shall identify:

(1) The affected facility;

(2) The names and addresses of the applicant or permittee and its owners;

(3) The name and address of the Department;

(4) The activity or activities involved in the permit action;

(5) The emissions change(s) involved in any permit modification;

(6) The name, address and telephone number of a person from whom interested persons may obtain additional information, including copies of the permit draft, the application, and relevant supporting materials;

(7) A brief description of the comment procedures required by the Department; and

(8) As appropriate, a statement of procedures to request a hearing, or the time and place of any scheduled hearing.

D. Notice of public hearing shall identify:

(1) The affected facility;

(2) The names and addresses of the applicant or permittee and its owners;

(3) The name and address of the Department;

(4) The activity or activities involved in the permit action;

(5) The name, address and telephone number of a person from whom interested persons may obtain additional information;

(6) A brief description of hearing procedures; and

(7) The time and place of the scheduled hearing.

E. 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 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.

F. The Department shall keep a record of the commenters and also of the issues raised during the public participation process so that the Administrator may fulfill his or her obligation under section 505(b)(2) of the Federal Act to determine whether a citizen petition may be granted. Such records shall be available to the public upon request.

G. The Department shall provide such notice and opportunity for participation by affected programs as is provided for by 20.2.70.402 NMAC.

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