N.M. Code R. § 20.11.41.14

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

Section 20.11.41.14 - PUBLIC NOTICE BY DEPARTMENT - PUBLIC PARTICIPATION

A. The department shall maintain a list of all pending applications for permits available for public inspection.

B. If the department makes an affirmative administrative completeness determination then:

(1) the department shall make the permit application and all supporting documentation available for public inspection at the department's air quality division office at One Civic Plaza NW, Albuquerque, NM 87102;

(2) the department shall publish the public notice on the website of the city of Albuquerque environmental health department; the notice shall state:

(a) the applicant's name and address;

(b) the proposed or existing location;

(c) a brief description of the source and related facility, if any;

(d) a brief preliminary summary of proposed emissions and the proposed net emissions increase if a permit modification is proposed;

(e) the ambient air quality impact as determined by air dispersion modeling, if required by the department;

(f) the location where the permit application and the department's analysis if completed, are available for public review; 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 so alert such a person of the need to express interest in writing if they desire to review and comment on the analysis;

(g) that the public has 30 days to submit written comments and evidence to the department regarding the proposed permit or to request a PIH regarding the application or both; the notice shall specify the date by which all comments and evidence or a request for a PIH shall be submitted;

(h) that the department shall hold a PIH pursuant to 20.11.41.15 NMAC if the director determines there is significant public interest and a significant air quality issue is involved; and

(i) that any person who does not participate in the permitting action will not receive notification of the department's decision regarding the proposed permit, unless the person has delivered a written request for notice to the department;

(3) the department shall provide the notice required by Paragraph (2) of Subsection B of 20.11.41.14 NMAC by regular mail or electronic mail to all individuals and organizations identified on a list maintained by the department of persons who have stated in writing a desire to receive notices of all applications filed pursuant to 20.11.41 NMAC;

(4) the department shall allow all interested persons 30 days from the date the public notice is published to deliver to the department written comment and evidence regarding the application for a permit;

(5) the department shall send notice of the department's action regarding the permit application and the reasons for the action to every person who participated in the permitting action; a request to inspect or copy shall not be considered participation for the purposes of Paragraph (5) of Subsection B of 20.11.41.14 NMAC; the applicant shall be notified by certified mail or electronic mail; all other interested persons who participated shall be notified by regular mail or electronic mail;

(6) the department shall provide a copy of the 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, if available, 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;

(7) the department shall mail a copy of the public notice by regular or electronic mail to every person who submits a written request for a copy to the department;

(8) the department shall mail a copy of the public notice by regular or electronic mail to the state of New Mexico environment department within five days after the department deems the application complete; the department shall also mail a copy of the public notice by regular or electronic mail to EPA Region VI, if requested; and

(9) the department shall mail a copy of the public notice by regular or electronic mail to all municipalities, Indian tribes and counties that are within one-half mile of the exterior boundaries of the property on which the source is or is proposed to be located.

C. If a person expresses in writing an interest in the permit application, the department shall:

(1) notify that person of the date that the department's analysis was or will be available for review and where the analysis may be obtained; and

(2) not issue the permit until at least 30 days after the department's analysis is available for review. During the 30 day period, any person may submit written comments or request a PIH.

N.M. Code R. § 20.11.41.14

20.11.41.14 NMAC - Rp, 20.11.41.14 NMAC, 1/1/14, Amended by New Mexico Register, Volume XXVIII, Issue 22, November 28, 2017, eff. 12/13/2017