New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 2 - AIR QUALITY (STATEWIDE)
Part 72 - CONSTRUCTION PERMITS
Section 20.2.72.403 - CONTENTS OF APPLICATION

Universal Citation: 20 NM Admin Code 20.2.72.403

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

A. For the Department to deem administratively complete a permit application for the emission of a toxic air pollutant, the application shall contain, in addition to the requirements of 20.2.72.203 NMAC, the following items:

(1) Identification of all toxic air pollutants that may be emitted in excess of the screening level (specified in pounds per hour) in 20.2.72.502 NMAC;

(2) Air quality modeling, in accordance with methods approved by the US EPA or the Department, that estimates ambient concentrations that would be caused by the proposed emissions. The modeling for the toxic air pollutants will include available emissions supplied by the Department from registration and permitting information from all registered or permitted sources in the area of the source being permitted.

B. If the modeling shows that the eight-hour average ambient concentration of the toxic air pollutant exceeds one-one hundredth of the OEL and the toxic air pollutant is not identified as a known or suspected human carcinogen in 20.2.72.502 NMAC, Table B, the permit application shall also include, as a requirement for administrative completeness, a health assessment for the toxic air pollutant under consideration. The assessment shall include consideration of the following:

(1) Source to potential receptor data and modeling;

(2) Relevant environmental pathway and effects data;

(3) Available health effects data such as:
(a) Functional diseases;

(b) Mutagenicity data as an index of genotoxic effects including heritable diseases;

(c) Reproductive effects data;

(d) Other diseases; and

(4) An integrated assessment of the human health effects for projected exposures from the applicant's facility. The assessment should use existing relevant data obtained from epidemiological studies, controlled human exposure studies, laboratory animal studies, and studies using tissues and cells.

C. If the toxic air pollutant is identified as a known or suspected human carcinogen in 20.2.72.502 NMAC and air quality modeling shows that the eight-hour average concentration of the toxic air pollutant exceeds one one-hundredth of the OEL or the minimum detection level in 20.2.72.502 NMAC, the permit application shall include, as a requirement for administrative completeness, information necessary to demonstrate the source will install the best available control technology to control that pollutant.

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