N.M. Admin. Code § 20.2.11.110

Current through Register Vol. 36, No. 1, January 14, 2025

Section 20.2.11.110 - TEMPORARY EXEMPTIONS

A. Upon request, the Department, by written permit, may suspend the operational requirements of this Part for portable asphalt process equipment to be operated temporarily in rural areas. A permit shall not be issued for any period exceeding ninety operating days, but may be renewed when reasonably necessary for completion of a project. A written request that has not been acted upon within ten days after its receipt shall be deemed granted.

B. In making its decision on a petition, the Department shall give weight it deems appropriate to all facts and circumstances, including but not limited to:

(1) character and degree of injury to, or interference with, health, welfare, visibility and property;

(2) the public interest, including the social and economic value of the sources and subjects of the air contaminants involved; and

(3) technical practicability and economic reasonableness of complying with this Part.

C. The Department may require the requestor to submit his request in writing and any or all of the following information:

(1) requestor's name, address and telephone number;

(2) nature of the project and the location where the unit is to be operating;

(3) the proposed length of time of operation;

(4) the aggregate process rate (pounds per hour) of the equipment to be utilized; and

(5) reasons why the requestor believes the suspension of the operational requirements is necessary.

N.M. Admin. Code § 20.2.11.110

11/30/95; 20.2.11.110 NMAC - Rn, 20 NMAC 2.11.110 10/31/02