N.M. Code R. § 20.11.43.12

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

Section 20.11.43.12 - PUBLIC NOTICE

A. Before the Department issues a permit pursuant to 20.11.41, 60, or 61 NMAC which contains a new, or revised emission limitation that is based on a good engineering stack height that exceeds the height allowed by 40 CFR Part 51, section 51.100(ii)1 or 2, 1987, the Department shall notify the public of the availability of the demonstration study. Such notice shall be given in the manner specified in the applicable regulation for the permit application. Interested parties shall have 30 days from the date of the notice to submit comments on the demonstration and to request a public hearing.

B. If the Director determines there is significant public interest a public hearing shall be held. If a public hearing is held, the Department shall give notice of the time, date and place of the hearing. The hearing shall be held within 45 days of the notice. The hearing may be combined with any other public hearing to be held on the permit application.

C. After the hearing, the Department shall make its final decision on the new or revised emission limitation.

N.M. Code R. § 20.11.43.12

12/1/95; 20.11.43.12 NMAC - Rn, 20 NMAC 11.43.I.12 & Repealed, 10/1/02; ;Rn, 20 NMAC 11.43.II.1, 10/1/02