N.M. Code R. § 20.11.41.17

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

Section 20.11.41.17 - BASIS FOR PERMIT DENIAL

After the department has deemed a permit application administratively complete, the department may deny the application if:

A. the department determines the proposed construction, modification or technical revision will not meet an applicable standard, rule, regulation, provision or requirement of the federal act, the state act or a board regulation;

B. the department determines the source will cause or contribute to air contaminant levels in excess of a national or New Mexico ambient air quality standard;

C. the source will emit a hazardous air pollutant for which no NESHAP applies, if the HAP is emitted in a quantity and duration that may cause imminent danger to public health;

D. the department determines the construction, modification or technical revision would cause or contribute to ambient concentrations in excess of a prevention of significant deterioration (PSD) increment;

E. the department concludes that construction of a proposed new or modified source cannot or will not be completed within a reasonable time as determined by the department;

F. the department determines a conflict of interest existed or exists regarding an application that was submitted during accelerated review, as authorized by 20.11.41.32 NMAC;

G. the emission data that was submitted by the applicant as part of the application is not acceptable to the department for technical reasons;

H. the estimated emissions of air contaminants submitted by the applicant have not been appropriately identified or quantified;

I. the issuance of a permit, permit modification or technical revision will not be consistent with achieving progress toward attainment of the state ambient air quality standard that is being exceeded; or

J. the department has delivered three written notices requiring the applicant to provide specified information the department needs in order to take final action on the application and the applicant either has not provided the information by the deadline stated in the related notification or the applicant has submitted information that the department has determined to be technically unacceptable; the department may agree in writing to extend the deadline for good cause as determined by the department; a department request for information shall be for information that is necessary for the department to perform a thorough review of the application and to take final action on the application and may include technical clarifications, emission calculations, emission factor usage and replacement of air dispersion modeling.

N.M. Code R. § 20.11.41.17

20.11.41.17 NMAC - Rp, 20.11.41.16 NMAC, 1/1/14