N.M. Code R. § 20.11.41.13

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

Section 20.11.41.13 - APPLICATION FOR PERMIT

A.Pre-application requirements: A person who is seeking a permit pursuant to 20.11.41 NMAC shall contact the department in writing and request a pre-application meeting for information regarding the contents of the application and the application process. The meeting shall include discussion of approved emission factors and control efficiencies, air dispersion modeling guidelines, department policies, air quality permit fees, public notice requirements and regulatory timelines. The department may waive the pre-application meeting requirement.

B.Applicant's public notice requirements: If the applicant is applying for a permit or permit modification, then before the applicant submits the application required by Subsection E of 20.11.41.13 NMAC, the applicant shall comply with the public notice requirements of Paragraphs (1) and (2) of Subsection B of 20.11.41.13 NMAC. If the applicant is applying for a portable stationary source relocation, then the department may require that the applicant comply with these same notice requirements. The applicant shall:

(1) provide public notice by certified mail or electronic mail to the designated representative(s) of the recognized neighborhood associations and recognized coalitions that are within one-half mile of the exterior boundaries of the property on which the source is or is proposed to be located; contact information shall be obtained from the most current records of the city of Albuquerque office of neighborhood coordination and the county of Bernalillo zoning, building and planning department; the public notice shall include all information required by Subsection C of 20.11.41.13 NMAC; the applicant may submit a written request to the department proposing an alternative approach to providing public notice if the proposed source or modification is located at a site with large property boundaries or campus-like facilities; the applicant shall obtain prior written approval from the department before using an alternative approach to providing public notice;

(2) prior to submitting the application, post and maintain a weather-proof sign provided by the department, posted at the more visible of either the proposed or existing facility entrance or, if approved in advance and in writing by the department, at another location on the property that is accessible to the public; the applicant shall list all information required by Subsection C of 20.11.41.13 NMAC, on the sign; the applicant shall keep the sign posted until the department takes final action on the permit application; if an applicant can establish to the department's satisfaction that the applicant is prohibited by law from posting, at either location required by Paragraph (2) of Subsection B of 20.11.41.13 NMAC, the department may waive the posting requirement and may impose different notification requirements.

C.Additional public notice requirements: The public notice specified in Paragraphs (1) and (2) of Subsection B of 20.11.41.13 NMAC shall include the following:

(1) the applicant's name and address, and the names and addresses of the owner or operator of the source or proposed source;

(2) the actual or estimated date the application will be submitted to the department;

(3) the exact location of the source or proposed source;

(4) a description of the source and related facility, if any; the nature of the business; the process or the change for which the permit is being requested, including a preliminary estimate of the maximum quantities of each regulated air contaminant the source will emit if the permit is issued and the proposed construction or modification is completed; and, if the source is being modified, the net change in emissions;

(5) the maximum and normal operating schedules proposed for the source or facility; and

(6) the current address of the applicant to which comments and inquiries may be directed.

D. A person who is seeking a construction permit pursuant to 20.11.41 NMAC shall complete a permit application and file one complete original and one duplicate copy with the department. A person who is seeking a general construction permit shall complete the applicable general construction form pursuant to Subsection C of 20.11.41.31 NMAC and file one complete original form and a duplicate copy with the department. All applications shall be submitted with the fee required by 20.11.2 NMAC.

E.Application contents: The following are the minimum elements that shall be included in the permit application before the department can determine whether the application is administratively complete and ready for technical review. It is not necessary to include an element if the department has issued a written waiver regarding the element and the waiver accompanies the application. However, the department shall not waive any federal requirements. The permit application shall include:

(1) a completed permit application form provided by the department;

(2) the name, street address and post office address, if any, of the applicant and the names, street addresses and post office addresses, if any, of the owner and all operators of the source if different than the applicant;

(3) the date the application was submitted to the department;

(4) sufficient attachments, including calculations, computations, EPA-approved air dispersion model as required, or models executed under a protocol as required that has been approved in advance and in writing by the department, and all other analyses used by the applicant to provide information to describe the potential emission rate and nature of all regulated air contaminants that the source may emit, and the actual emissions that the source will emit under routine operations after construction, modification, relocation or technical revision, and estimates of potential emissions during malfunction, startup and shutdown;

(5) an operational and maintenance strategy detailing:

(a) the steps the applicant will take if a malfunction occurs that may cause emission of a regulated air contaminant to exceed a limit that is included in the permit;

(b) the nature of emissions during routine startup or shutdown of the source and the source's air pollution control equipment; and

(c) the steps the applicant will take to minimize emissions during routine startup or shutdown;

(6) a map, such as a 7.5 minute topographic quadrangle map published by the United States geological survey or a map of equivalent or greater scale, detail and precision, including a city of Albuquerque or county of Bernalillo zone atlas map that shows the proposed location of each process equipment unit involved in the proposed construction, modification, relocation or technical revision of the source;

(7) an aerial photograph showing the proposed location of each process equipment unit involved in the proposed construction, modification, relocation or technical revision of the source except for federal agencies or departments involved in national defense or national security as confirmed and agreed to by the department in writing;

(8) a complete description of all sources of regulated air contaminants and a process flow diagram depicting the process equipment unit or units at the facility, both existing and proposed, that are proposed to be involved in routine operations and from which regulated air contaminant emissions are expected to be emitted;

(9) a full description of air pollution control equipment, including all calculations and the basis for all control efficiencies presented, manufacturer's specifications sheets, and site layout and assembly drawings; UTM (universal transverse mercator) coordinates shall be used to identify the location of each emission unit;

(10) a description of the equipment or methods proposed by the applicant to be used for emission measurement;

(11) the maximum and normal operating time schedules of the source after completion of construction, modification, relocation or technical revision;

(12) any other relevant information as the department may reasonably require;

(13) the signature of the applicant, operator, owner or an authorized representative, certifying to the accuracy of all information as represented in the application and attachments, if any;

(14) a check or money order for the appropriate application fee or fees required by 20.11.2 NMAC, Fees; the fees are established to offset some or all of the reasonable costs of the department reviewing and acting upon an application for a permit and implementing and enforcing the terms and conditions of the permit, excluding costs associated with an enforcement action; and

(15) documentary proof that the applicant has complied with all public notice requirements, as required by Subsections B and C of 20.11.41.13 NMAC; documentary proof shall include proof of delivery of certified mail or e-mail of the public notice required by Paragraph (1) of Subsection B of 20.11.41.13 NMAC and a photograph of each notice posted as required by Paragraph (2) of Subsection B of 20.11.41.13 NMAC.

F.Changing, supplementing or correcting applications:

(1) Before the department makes a final decision regarding the application, the applicant shall have a duty to promptly supplement and correct information the applicant has submitted in the application to the department. Applicant's duty to supplement and correct the application includes relevant information acquired after the applicant has submitted the application and additional information the applicant otherwise determines is relevant to the application and the department's review and decision.

(2) While the department is processing an application, regardless of whether the department has determined the application is administratively complete, if the department determines additional information is necessary to evaluate or make a final decision regarding the application, the department may request, and the applicant shall provide the requested additional information. The request shall be in writing, identify the additional information requested, the reason the additional information is needed, and set a reasonable deadline for a response. The applicant shall submit the requested information in writing to the department on or before the response deadline.

G.Protection of confidential information:

(1) All records, reports or information relating to permit applications obtained by the department or the board from any person shall be available to the public for inspection and copying, unless a person has made a satisfactory showing to the department or the board, as confirmed and agreed to by the department in writing, that specific items or information or parts thereof, if made public, would divulge: confidential business records, methods or processes entitled to protection as trade secrets; information pertaining to national defense; or information pertaining to national security. If the items or information are specifically marked by the person as confidential at the time of submittal, the department and the board shall then protect the items and information listed in Subparagraphs (a) and (b) of Paragraph (1) of Subsection G of 20.11.41.13 NMAC as confidential and not to be made a part of any public record unless the person expressly agrees, in writing, to its inspection, copying, or publication:

(a) records, reports or information relating to methods, processes or production techniques unique to the person, and

(b) data relating to the person's profits and costs or other confidential business information which have not previously been released to the public.

(2) Subsection G of 20.11.41.13 NMAC shall not be construed to prohibit the release of information concerning the nature and amount of emissions from any source.

(3) The department shall review all claims of confidentiality made by any person pursuant to 20.11.41 NMAC and shall notify the person of the department's determination by certified mail or electronic mail in a timely manner and shall include the reasons for the decision. The burden of proof for claims of confidentiality shall be upon the person submitting such claim.

(4) The department's determination regarding claims made pursuant to Subsection G of 20.11.41.13 NMAC shall be the final administrative determination.

(5) The department shall protect information claimed and subsequently found to be confidential in accordance with the provisions of 74-2-11 NMSA 1978 and 18 U.S.C. Section 1905, except that any such record, report or information may be disclosed:

(a) to other officers, employees or authorized representatives of the department, the board and the EPA; or

(b) in any proceeding pursuant to the federal act or the state act, when relevant.

N.M. Code R. § 20.11.41.13

20.11.41.13 NMAC - Rp, 20.11.41.13 NMAC, 1/1/14, Amended by New Mexico Register, Volume XXVIII, Issue 22, November 28, 2017, eff. 12/13/2017