New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 2 - AIR QUALITY (STATEWIDE)
Part 73 - NOTICE OF INTENT AND EMISSIONS INVENTORY REQUIREMENTS
Section 20.2.73.200 - NOTICE OF INTENT

Universal Citation: 20 NM Admin Code 20.2.73.200

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

A. Applicability:

(1) Any owner or operator intending to construct a new stationary source which has a potential emission rate greater than 10 tons per year of any regulated air contaminant or 1 ton per year of lead shall file a notice of intent with the department.

(2) Any owner or operator intending to modify a stationary source which either prior to or following the modification has a potential emission rate greater than 10 tons per year of any regulated air contaminant or 1 ton per year of lead shall file a notice of intent with the department.

(3) The requirements of 20.2.73.200 NMAC do not apply to stationary sources or modifications located in Bernalillo county.

(4) The notice of intent shall be filed prior to the commencement of construction. Construction shall not begin prior to issuance of a written determination by the department that a permit is not required, or if a permit is required, prior to the issuance of the permit under 20.2.72 NMAC, 20.2.74 NMAC or 20.2.79 NMAC.

B. Contents of Notice: Notices of intent shall be filed on forms furnished by the department, which shall be identical to the extent practicable, as those used for 20.2.72 NMAC (Construction Permits) and shall include:

(1) The applicant's name and address, the person to contact regarding the application, and the name and address of the new source or modification.

(2) The date of the application.

(3) A description of the new facility or modification including all operations affecting air emissions.

(4) The anticipated operating schedule.

(5) A map such as a 7.5 minute United States geological survey topographic quadrangle showing the location of the stationary source.

(6) The nature and quantities of any regulated air contaminants the new source or modification will emit, including all calculations utilized to estimate emissions.

(7) A description of any air pollution control device or method to be utilized, including the basis for the estimated control efficiency.

(8) The stack and exhaust gas parameters for all emission points.

(9) Any other relevant information as the department may reasonably require.

(10) Be signed under oath or affirmation by the operator, the owner, or an authorized representative, certifying to the best of his or her knowledge the truth of all information submitted.

C. Review of Notice: Within thirty days from the date a notice is received, the department shall review its content and by certified letter indicate to the applicant:

(1) the notice is incomplete and indicate specific additional material or clarification required; or

(2) a permit is not required and construction may commence; or

(3) a permit is required before construction may commence. For this case, the department will indicate whether the application is complete with respect to the requirements of each applicable permit regulation and specify additional material or clarification required if it is not complete.

D. Verification: In verifying information submitted in response to the requirements of this part, the department may:

(1) Enter at all reasonable times in or upon any private or public property, except private residences, which the department has reasonable cause to believe is or will become a source of air contaminants contributing to air pollution; and

(2) Require the production of information relating to emissions which cause or contribute to air pollution, including the sampling of emissions in accordance with methods and at locations and intervals as may be prescribed by the department.

E. Notification Requirements:

(1) The owner or operator of a portable stationary source shall notify the department in writing of the date and site of any relocation at least fifteen days prior to its occurrence.

(2) Any owner or operator of a stationary source which will be shut down for a period of one year or more shall notify the department in writing of the actual date of shut down within thirty days after the shut down occurs.

(3) Any new owner or operator of a stationary source shall notify the department within thirty days of assuming ownership of his or her name and address.

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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