New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 2 - AIR QUALITY (STATEWIDE)
Part 72 - CONSTRUCTION PERMITS
Section 20.2.72.206 - PUBLIC NOTICE AND PARTICIPATION

(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 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 20.2.1 NMAC (General Provisions), will be supplied upon written request and payment of reasonable costs;

(3) Subsequent to an affirmative administrative completeness 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 issue the permit if the construction or modification requested in the application will comply with air quality requirements, including ambient standards. The notice shall identify the location of the permit application and Department's Analysis (when available) for public review and describe the manner in which comments or evidence may be submitted to the Department, including that persons must inform the Department in writing of their interest in the permit application in order to have a 30 day period to review and comment on the analysis under Subsection B of 20.2.72.206 NMAC below. The notice shall clearly state that any person who does not express such interest in writing prior to the end of the initial 30 day comment period will not receive notification of the availability of the analysis and thus forewarn such person of the need to express interest in writing if they desire to review and comment on the analysis;

(4) Provide the notice under Paragraph 3 of Subsection A of 20.2.72.206 NMAC above by mail, which may include electronic mail, to all individuals and organizations identified on a list maintained by the Department of those who have indicated in writing a desire to receive notices of all applications under this Part;

(5) Allow all interested persons thirty (30) days from the date the public notice is published to express an interest in writing in the permit application;

(6) Mail written notice of the action taken on a permit application to any person who expresses an interest in writing in the application; and

(7) 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. Copies of all public notices shall be sent to US EPA Region VI, if requested by US EPA.

(1) Notify each person who expressed an interest in writing in the permit application of the date and the location that the Department's Analysis was or will be available for review; and

(2) Not issue the permit until at least thirty (30) days after the Department's Analysis is available for review. During this thirty (30) day period, any person may submit written public comments or request a public hearing.