N.M. Code R. § 20.2.72.215

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

Section 20.2.72.215 - EMERGENCY PERMIT PROCESS

A. The Department may issue an emergency permit when the Secretary determines an emergency exists which threatens the public health, safety or welfare, and which requires the rapid construction or modification of, or installation of equipment in, a facility subject to this Part in order to mitigate, prevent or remedy such emergency.

B. Department personnel shall verify that the source, operating in accordance with the permit issued, can and will meet all applicable standards, emissions limitations and conditions before authorizing start-up in order to ensure that the public emergency is not worsened by excess or improperly controlled air pollution.

C. An emergency caused by any negligent or unlawful action or operation of the facility or the facility owner or operator, including but not limited to failure to apply timely for a permit or revision, shall not constitute an emergency for the purposes of this section.

D. The requirements of Paragraphs 5 and 6 of Subsection A of 20.2.72.206 NMAC, Subsection C of 20.2.72.206 NMAC, and Subsections A and B of 20.2.72.207 NMAC shall not apply to emergency permits processed under this section.

E. Construction shall not commence until the emergency permit is issued.

N.M. Code R. § 20.2.72.215

11/30/95; 20.2.72.215 NMAC - A, 02/02/01