N.M. Code R. § 20.11.41.31

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

Section 20.11.41.31 - GENERAL CONSTRUCTION PERMITS

A. General construction permits: General construction permits are issued to groups of sources that have similar operations, processes and emissions, are subject to the same or substantially similar requirements and have general construction permit forms that were approved by the department following the process described in Subsections B or C of 20.11.41.31 NMAC. A source that is required to obtain a permit pursuant to 20.11.41 NMAC but does not qualify for a general construction permit shall obtain a construction permit as required by 20.11.41.13 NMAC. A general construction permit shall not be issued for a major modification or a major stationary source as defined in either 20.11.60 NMAC, Permitting in Nonattainment Areas, or 20.11.61 NMAC, Prevention of Significant Deterioration, or for a major source as defined in 20.11.42 NMAC, Operating Permits.

B. Approval of general construction permit form and revised general construction permit form:

(1) The department shall provide notice of a proposed general construction permit form or revised general construction permit form (hereafter, "general construction form") by publication in the newspaper with the largest general circulation in Bernalillo county. The notice shall:

(a) provide a description of the groups of sources with similar operations, processes and emissions that are subject to the same or substantially similar requirements and would be able to use the proposed form within Bernalillo county to apply for an air quality permit if the form is approved;

(b) state the reason the department proposes approval of the general construction permit form;

(c) specify the notification period that the applicant will be required to provide to the public if the proposed form is approved by the department; and stipulate that an applicant shall use the form to apply for a permit; and public notice requirements that shall be met by the source as required by the 'general construction form' shall include at a minimum:

(i) provide public notice by certified mail or electronic mail to the designated representative(s) of the recognized neighborhood associations and recognized coalitions, as shown in the most current records of the city of Albuquerque office of neighborhood coordination and the Bernalillo County zoning, building and planning department, within one-half mile of the exterior boundaries of the property on which the source is or is proposed to be located; 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 for any alternative approach to provide public notice; the public notice shall include all the information required by Subsection C of 20.11.41.13 NMAC; and

(ii) 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 another location on the property that is accessible to the public, if approved in advance and in writing by the department; the applicant shall list on the sign all information required by Subsection C of 20.11.41.13 NMAC; 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;

(d) provide a brief summary of the procedure that will be followed if an individual application is submitted on the proposed form;

(e) describe the location where the proposed general construction permit form may be obtained;

(f) state that the public has 30 days to submit written comments and evidence to the department regarding the proposed general construction permit form; and

(g) state 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.

(2) The department shall provide the notice required by Paragraph (1) of Subsection B of 20.11.41.31 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.

(3) Each general construction permit form shall:

(a) describe which sources may qualify to apply for the general construction permit; and

(b) specify the contents required for a complete application for the general construction permit; in the general construction permit form, the department may provide for an application that deviates from the requirements of 20.11.41.13 NMAC, if the application includes:

(i) all information necessary to determine qualification for, and to assure compliance with, the general construction permit; and

(ii) applicant's public notice requirements pursuant to Subparagraph (c) of Paragraph (1) of Subsection B of 20.11.41.31 NMAC and a statement that any person may provide written comment to the department within 15 days of receipt of the public notice;

(c) contain permit terms and conditions that apply to all sources that are issued the general construction permit, including:

(i) sufficient terms and conditions to assure that all sources permitted and operating in accordance with the general construction permit will meet all applicable requirements of the federal act, the state act and board regulations, including 20.11.63 NMAC, New Source Performance Standards For Stationary Sources, and 20.11.64 NMAC, Emission Standards for Hazardous Air Pollutants For Stationary Sources, and will not cause or contribute to air contaminant levels in excess of any NAAQS or NMAAQS; and

(ii) monitoring, record keeping and reporting requirements appropriate to the source and sufficient to ensure compliance with the general construction permit; at a minimum, the general construction permit shall specify where the records shall be maintained, how long the records shall be retained and that all records or reports shall be made available upon request by the department; and

(iii) as determined appropriate by the department, terms and conditions to address and report emissions that occur during upsets, startups and maintenance; and

(d) specify that every document, including every application form, report, compliance certification and supporting data, that is submitted pursuant to 20.11.41.31 NMAC shall contain a certification that meets the requirements of Paragraph (13) of Subsection E of 20.11.41.13 NMAC.

(4) Before the department makes a final decision regarding a general construction permit form, the department shall hold a PIH if the director determines that there is significant public interest and a significant air quality issue is involved. A PIH is not an adjudicatory hearing on the merits. During the PIH, attendees can ask questions, provide comments and provide information regarding the general construction permit form, but no final decision shall be made by the department at the close of the hearing. The department shall make all arrangements and pay all expenses of the hearing including:

(a) arranging a location for the PIH;

(b) providing a hearing officer; the hearing officer shall preside over the PIH, shall give all attendees present at the hearing a reasonable opportunity to ask questions, provide comments and provide information regarding the general construction permit form and to examine attendees commenting at the hearing, but shall not make a final recommendation or a final decision regarding the permit application;

(c) publishing public notice of the PIH in the newspaper with the largest general circulation in Bernalillo county no fewer than 10 days before the PIH; the notice shall include the date, time, and location of the PIH, a description of the general construction permit form, and a statement that a final decision has not been made by the department regarding the general construction permit form;

(d) mailing notice of PIH to all interested persons who have submitted written comments or evidence to the department and to all interested persons who have delivered to the department a written request for notice regarding the general construction permit form; a request to inspect or copy shall not be considered a written comment for the purposes of Subparagraph (d) of Paragraph (4) of Subsection B of 20.11.41.31 NMAC;

(e) requiring department staff to attend the PIH and be present during comments and questions by the attendees; and

(f) recording the PIH and including the recording in the administrative record regarding the general construction permit form; the department shall provide a duplicate of the recording to any person who requests a copy; the person requesting shall reimburse the department for the cost of the copy before the department makes the copy; the person making the request for a copy may instead provide the department with recording media that meets the department specifications, and the department will not impose a charge for copying; if a person requests a transcript of the hearing (the requestor), the department shall obtain an estimate of the cost of the transcription and inform the requestor; the requestor shall pay the estimated cost to the department before the department orders the transcription; if the actual cost of the transcription is more than the estimate, the requestor shall pay the additional amount before the department provides the transcription to the requestor; if the actual cost of the transcription is less than the estimate, the department shall reimburse the difference.

(5) The department may adopt the proposed general construction permit form or a substantially similar form if the requirements of Subsection B of 20.11.41.31 NMAC have been met.

C. Transition schedule for general construction permit form revision: When the department revises a general construction permit form, the department shall include a reasonable transition schedule before an existing source must comply.

D. Non-substantive changes: The department may make non-substantive changes to a general construction form without complying with Subsection B of 20.11.41.31 NMAC. Examples of non-substantive changes include correcting typographical or grammatical errors or adding clarification to instructions. When the department makes a non-substantive change to the form the department may change the date of the form to identify the new version.

N.M. Code R. § 20.11.41.31

20.11.41.31 NMAC - N, 1/1/14