N.M. Code R. § 20.2.1.114

Current through Register Vol. 35, No. 11, June 11, 2024

Section 20.2.1.114 - PETITION PROCEDURES FOR REQUESTING A VARIANCE HEARING

A. Definition: As used in this section [part], "petitioner" means a person seeking a variance from a regulation of the Environmental Improvement Board or limitation prescribed under the Air Quality Control Act pursuant to NMSA 1978, section 74-2-8.

B. Petition Procedures:

(1) Any person seeking a variance from a regulation of the Environmental Improvement Board, or a permit condition imposed by the Department, or from the limitations prescribed under the Air Quality Control Act pursuant to section 74-2-8 NMSA 1978, shall do so by filing a written petition with the Secretary. Petition forms may be obtained from the Environment Department.

(2) Petitions shall:

(a) State the petitioner's name and address;

(b) State the date of the petition;

(c) Describe the facility or activity for which the variance is sought;

(d) State the address or description of the property upon which the facility is located;

(e) Identify the regulation of the board or limitation prescribed under the Air Quality Control Act from which the variance is sought;

(f) State in detail the extent to which the petitioner wishes to vary from the regulation or limitations;

(g) State why the petitioner believes the variance is justified; and

(h) State the period of time for which the variance is desired.

(3) The petitioner may submit with the petition any relevant documents or material which the petitioner believes would support the petition.

C. The Environment Department's response and any further action and proceedings shall be in accordance with general adjudicatory procedures of the Environmental Improvement Board.

N.M. Code R. § 20.2.1.114

10/27/95; 20.2.1.114 NMAC - Rn, 20 NMAC 2.1.114 10/31/02