N.M. Code R. § 20.11.39.12

Current through Register Vol. 35, No. 12, June 25, 2024

Section 20.11.39.12 - PERMIT WAIVERS

A. Part 39 sources qualify for waivers from construction permit requirements pursuant to 20.11.41 NMAC. Owners and operators of Part 39 sources shall apply for an AQN rather than a construction permit when submitting an application to the department. If an owner or operator of a source establishes that it is a Part 39 source and demonstrates that the owner or operator will comply with all applicable regulations set out in Section 13 of this Part, the department shall waive compliance from further source registration or construction permitting requirements pursuant to 20.11.40 or 20.11.41 NMAC. This Part shall not waive any permit requirements for sources which are not ES-RICE or GDF.

B. Except as noted in Subsection C of 20.11.39.15 NMAC, no public notice is required if the department waives further permitting requirements for a Part 39 source. No department hearing shall be held for a Part 39 source.

C. The department's issuance of an AQN is not a permitting action and is not subject to petition to the Albuquerque-Bernalillo county air quality control board pursuant to Section 7 of the Air Quality Control Act, ROA Section 9-5-1 -7 or Bernalillo County Ordinance Section 30-36.

N.M. Code R. § 20.11.39.12

Adopted by New Mexico Register, Volume XXVIII, Issue 23, December 12, 2017, eff. 12/21/2017