N.M. Code R. § 20.11.41.24

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

Section 20.11.41.24 - EMERGENCY PERMITS

A. The department may issue an emergency permit when the director determines an emergency situation exists that threatens public health, safety or welfare, and that a source subject to 20.11.41 NMAC should be immediately constructed, modified or relocated in order to mitigate, prevent or remedy the emergency.

B. In order to ensure that the public emergency is not worsened by excess emissions or inadequate air pollution control equipment, the department shall verify that the source, when operating in accordance with the permit to be issued, can and will meet all applicable standards, emission limitations and conditions before the department authorizes startup.

C. If the department makes an affirmative administrative completeness determination regarding a request for an emergency permit and the department decides to issue the emergency permit, then the department shall:

(1) make the request for an emergency permit, the issued emergency permit and all supporting documents available for public inspection at the department's air quality division office at One Civic Plaza NW, Albuquerque, New Mexico 87102;

(2) publish public notice in the newspaper with the largest general circulation in Bernalillo county; the notice shall state:

(a) the applicant's name and address, the proposed or existing location, a brief description of the source, a brief summary of proposed emissions and ambient air quality impacts as determined by air dispersion modeling if required by the department, the department's approval of the request for an emergency permit and that the department has issued the emergency permit;

(b) the location where the request for the emergency permit, the emergency permit and the department's analysis are available for public review;

(c) that the public has 30 days to submit written comment and evidence to the department regarding the emergency permit, the deadline for submitting written comments and evidence; and

(d) 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;

(3) provide the notice required by Paragraph (2) of Subsection C of 20.11.41.24 NMAC by regular mail or electronic mail to all individuals and organizations identified on a list maintained by the department of persons who within the previous 12 months have delivered to the department a written request for notice of all applications filed pursuant to 20.11.41 NMAC;

(4) provide a copy of the public notice required by Paragraph (2) of Subsection C of 20.11.41.24 NMAC 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; and

(5) 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 emergency permit.

D. If a person violates a board regulation or permit condition, including failure to apply in a timely manner for a permit, permit modification, relocation or technical revision, then the violation shall not qualify as an emergency for the purposes of 20.11.41.24 NMAC.

E. The following requirements shall not apply to emergency permits processed pursuant to 20.11.41.24 NMAC: Subsection B of 20.11.41.13 NMAC and Subsections A and B of 20.11.41.16 NMAC.

F. The permittee shall not commence emergency construction, modification or relocation until the department has issued an emergency permit.

N.M. Code R. § 20.11.41.24

20.11.41.24 NMAC - Rp, 20.11.41.22 NMAC, 1/1/14