N.M. Code R. § 20.2.80.111

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

Section 20.2.80.111 - DEMONSTRATION STUDY

A. Notification: Before the Department issues a permit, pursuant to 20.2.72 NMAC, 20.2.74 NMAC, or 20.2.79 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 thirty (30) days from the date of the notice to submit comments on the demonstration and to request a public hearing.

B. Public Hearing: If the Secretary determines there is significant public interest, he shall hold a public hearing. 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 forty-five (45) days of the notice. The hearing may be combined with any other public hearing to be held on the permit application.

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

N.M. Code R. § 20.2.80.111

11/30/95; 20.2.80.111 NMAC - Rn, 20 NMAC 2.80.111 10/31/02