New Mexico State Amendments to Part 72

(20.2.72 NMAC), Construction Permits,

submitted to EPA April 11, 2002.  

Element 3: Amendments to Part 72,

Construction Permits, State effective January 1,

2000 ‐‐ This documents contains only the

amendments to Part 72 effective January 1,

2000.  The entire submittal is available in

document EPA‐R06‐OAR‐2005‐NM‐0006‐0005

in this docket.
April 11, 2002 New Mexico State SIP Submittal: 

Element 3. Hearing Record for the hearing held by the Environmental 

Improvement Board on November 12, 1999 to consider the regulatory changes to 

20.2.72 NMAC - Construction Permits, 20.2.74 NMAC - Permits - Prevention of 

Significant Deterioration, and 20.2.79 NMAC - Permits - Nonattainment Areas

related to the time frames during which permits are issued. 
FILED WtTH 

STATE RECORDS CENTER 

NMAC TRANSMITTAL FORM 1999 NOV 3 0 PH I: 25 

1 NMAC 3.3.10.22 {Sequence No. 

1. Agency Name & Mailing Address I 2. Agency Account Code 

ENVIRONMENTAL IMPROVEMENT BOARD 667 

P.O. BOX 26110/1190 ST. FRANCIS DRIVE 

SANTA FE, NEW MEXICO 87502 

3. Type of Rule Action 

New -- Emergency __ 

Amending X Repealing 

4. NMAC Title Name I NMAC Title Number 

ENVIRONMENTAL PROTECTION 20 

5. NMAC Chapter Name I NMAC Chapter Number 

AIR QUALITY (STATEWIDE) 2 

6. NMAC Part Name J NMAC Part NUmber 

CONSTRUCTION PERMITS 72 

7. Modified NMAC Name I Modified NMAC Number 

CONSTRUCTION PERMITS 20 NMAC 2.72 

Filing Date (if applicable) 

10 I 30 I 95 

8. Are there anv materials incoroorated bv reference? 

Reference I Internet site 

No .JL Yes Please list attachments 1. - and Internet site(s) if 2. 

applicable 3. 

I 9. If materials are attached, have copyright permissions been received? 

No Yes Public domain 

10. Total Number of Pages: __ _ 11. Hearing Date of Rule: __jj_l~_j!_ 

12. Effective Date of Rule: 01 I 01 I 2000 

13. Contact Person: _C=.L,.,A"'-Y.!.-!C~LA~R~K1ol=E._ __________________ _ 

Phone Number: ~ - _1.:..:0,..3..._1 ___ _ 

14. Signature & Title of Issuing Authority 

Name: JIMI GADZIA 

Title: CHAIR 

SRC-95-04 

l 
Agency Name & Address 

Agency OF A Account Code No. 

Contact Person & phone no. 

"Rule" Name 

"Rule" Number 

File Name 

Format & Version 

Environment Department 

P.O. Box 26110/1190 St. Francis Drive 

Santa Fe, NM 87502 

667 

Brad Musick (505) 827-0335 

Construction Permits 

20 NMAC 2.72 

Part72.wpd 

WordPerJect 6.1 for Windows 
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TITLE 20 

CHAPTER 2 

PART 72 

ENVIRONMENTAL PROTECTION 

AIR QUALITY (STATEWIDE) 

COI'ISTRUCT10N PERMITS 

1999NOV30 PH 1:25 

SUBPART II- PERMIT PROCESSING AND REQUIREMENTS 

201. NEW SOURCE REVIEW COORDINATION: In cases where the new source review 

requirements of either Part 74, 79, 77, 78, or Part 83 - Construction or Modffications <~f Major 

Sources (dHazardous Air Pollutants apply to a new stationary source or modification in addition 

to this Part, the following provisions apply: 

A. Only one permit application shall be submitted. The applicant shall 

submit a sufficient number of copies to meet the requirement of the applicable Part which 

requires the most copies; 

B. The application shall be ruled administratively complete when information 

required by all applicable Parts has been submitted; 

C. Definitions and requirements of each applicable Part are applied separately 

and do not supersede each other; and 

D. Atler the requirements of all applicable Pmis are met, only one permit 

shall be issued. [11-30-95, 1-1-00] 

203. CONTENTS OF APPLICATIONS: 

A. Any person seeking a permit under Section 200.A of this Part shall do so by filing 

a written application with the Department. The applicant shall submit the number of copies of 

the permit application specified in the applicable application form. The items of this Section, if 

requested on the applicable applicatipn form, are required before the Department may deem an . 

application administratively complete. The items may be modified by the Department, as 

appropriate, tor emergency permits processed under Section 215 of this Part. All applications 

shall, as required by the Department: 

I. Be filled out on the torm(s) furnished by the Department; 

2. State the applicant's name and address, together with the names and 

addresses of all owners or operators of the source, and the applicant's state or incorporation or 

principal registration to do business; 

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P ·d 11· t' · · 1 d. 11 1 . d 1999NQV30 PH J:26 3. rov1 e a m ormat1on, me u mg a ca culatJOns an computatiOns, to 

describe the specific chemical and physical nature and to estimate the maximum quantities ofany 

regulated air contaminants the source will emit through routine operations after construction, 

modification or installation is completed, and estimate maximum potential emissions during 

malfunction, startup, shutdown. With respect to a toxic air pollutant as defined by Section 40l.H 

this requirement only applies when the toxic air pollutant is emitted in such a manner that a 

permit is required under the provisions of Subpart IV; 

4. Contain a regulatory compliance discussion demonstrating compliance 

with each applicable air quality regulation, ambient air quality standard, prevention of significant 

deterioration increment, and provision of Subpart IV of this Part. The discussion must include an 

analysis, which may require use of US EPA-approved air dispersion model(s), to (I) demonstrate 

that emissions lrom routine operations will not violate any New Mexico or National Ambient Air 

Quality Standard or prevention of signi ticant deterioration increment, and (2) if required by 

Subpart IV of this Part, estimate ambient concentrations of toxic air pollutants. 

5. Provide a preliminary operational plan detining the measures to be taken 

to mitigate source emissions during malfunction, startup or shutdown; 

6. Include a topographical map, at least as detailed as the 7.5 minute 

Topographic Quadrangle map published by the United States Geological Survey, showing the 

exact location and geographical coordinates of the proposed construction, modification or installation of the source; 

7. Include a process flow sheet, including a material balance, and a site 

diagram of all components and locations of emissions to the atmosphere of the facility which 

would be involved in routine operations and emissions; 

8. Include a lull description, including all calculations of controlled and 

uncontrolled emissions and the basis f()r all control efticiencies presented, of the equipment to be 

used for air pollution control, including a process flow sheet, or, if the Department so requires, 

layout and assembly drawings; 

9. Include a descr:iption of the equipment or methods proposed by the 

applicant to be used for emission measurement; 

l 0. State the maximum and standard operating schedules of the source after 

completion of construction, modification or installation or after permit revision in terms of which 

and how many hours per day, days per week, days per month and days per year; 

ll. Contain such other specitically identified relevant information as the 

Department may reasonably require; 

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12. Be notarized and signed under oath or affirmation by the operator, the 

owner or an authorized representative, certifying, to the best of his or her knowledge, the truth of 

all information in the application and addenda, if any; 

13. Contain payment of any fees which are speci1ied in Part 75 -Construction 

Permit Fees as payable at the time the application is submitted; and 

14. Contain documentary proof of applicant's public notice, if applicable, as 

specitied in Section 203.8 ofthis Part. [11-30-95, 1-1-00] 

B. The applicant's public notice for technical permit revisions shall be as specified in 

Section 219.8.6 of this Part. The applicant's public notice for a permit or significant permit 

revision shall be: 

1. Provided by certified mail, to the owners of record, as shown in the most 

recent property tax schedule, of all properties: 

a. Within one hundred (I 00) feet of the property on which the facility 

is located or proposed to be located, if the facility is or is proposed to be located in a Class A or 

Class H county or a municipality with a population of more than two thousand ~ive hundred 

(2500) persons; or 

b. Within one-half (Y2) mile of the property on which the facility is 

located or is proposed to be located if the facility is or will be in a county or municipality other 

than those specified in subparagraph 203.B.I.a ofthis subsection; 

2. Provided by certified mail to all municipal itics and counties in which the 

facility is or will be located and to all municipalities, Indian tribes, and counties within a ten ( 1 0) 

mile radius ofthe property on which the facility is proposed to be constructed or operated; 

3. Published once in a newspaper of general circulation in each county in 

which the property on which the facility is proposed to be constructed or operated is located. 

This notice shall appear in either the 9lassiJied or legal advertisements section of the newspaper 

and at one other place in the newspaper calculated to give the general public the most effective 

notice and, when appropriate, shall be printed in both English and Spanish; 

4. Posted in at least four (4) publicly accessible and conspicuous places, 

including: 

a. The proposed or existing facility entrance on the property on which 

the facility is, or is proposed to be, located, until the permit or significant permit revision is 

issued or denied; and 

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1999NOV 30 Pr1 !: 26 b. Three (3) locations commonly frequented by the general"public, 

such as a nearby post office, public library, or city hall; and 

5. Submitted as a public service announcement to at least one radio or 

television station which serves the municipality or county in which the source is or is proposed to 

be located. [11-30-95, 1-7-98, 1-1-00] 

E. Changing, Supplementing or Correcting Applications 

I. Prior to a final decision on an application, the applicant shall have a duty 

to promptly supplement and coJTect inl·ormation submitted in the application. The duty to 

supplement shall include relevant information thereatler acquired or otherwise determined to be 

relevant. 

2. It: while processing an application, regardless of whether it has been 

determined to be administratively complete, the Department determines that additional 

information is necessary to evaluate or take final action on that application, it may request such 

information. The request shall be in writing, identify the additional information requested and 

the need for the additional information, and set a reasonable deadline for a response. The 

applicant shall submit the requested information in writing on or before the deadline set by the 

Department. [ 1-1-00] 

207. PERMIT DECISIONS AND APPEALS: 

A. The Department shall, within thirty (30) days after its receipt of an application tor 

a permit or significant permit revision, review such application and determine whether it is 

administratively complete. lfthe application is deemed: 

1. administratively complete, a letter to that effect shall be sent by certified 

mai I to the applicant. 

2. administrativeJy incomplete, a letter shall be sent by certified mail to the 

applicant stating what additional information or points of clarification are necessary to deem the 

application administratively complete. Upon receipt of the additional information or 

clarification, the Department shall promptly review such information and determine whether the 

application is administratively complete. 

3. administratively complete but no permit is required, a letter shall be sent 

by certified mail to the applicant informing the applicant ofthe determination. [11-30-95, 1-7-

98, 1-1-00] 

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B T} D h II · 1 b. d. . I 999 NOV 3 0 PJl 1: 2 6 . 1e epartment s a e1t 1cr grant, grant su ~cct to con 1t1ons or deny The perm1l:. 

or significant permit revision: 

I. within ninety (90) days atler the Department deems the application 

administratively complete, if the application is not subject to the requirements of Part 74-

Prevention ofSign!ficant Deterioration; or 

2. within one hundred eighty ( 180) days atlcr the Department deems the 

application administratively complete, if the application is subject to the requirements of Part 74 

-Prevention (4Sign[ficant Deterioration. [ 11-30-95, 1-7-98, 1-1-00] 

C. If the Department fails to take action on the application within the deadlines 

specified in paragraph B of this Section, the Department shall notify the applicant by certified 

mail that an extension of time is necessary to process the application and shall specify, in detail, 

the grounds f()r the extension. The Secretary may grant an extension, not to exceed ninety (90) 

days, to the deadlines specified in paragraph B of this section, ifthe Secretary determines that 

good cause exists for the extension. The Secretary shall notify the applicant by certified mail of 

the decision on the extension. If the Secretary grants the extension, the notitication shall include 

the length of the extension and the reasons therefor. The authority under this paragraph may be 

delegated by the Secretary only to the Deputy Secretary or a Division Director. Examples of 

good cause f()r extension include, but are not limited to: 

I. the need to have public hearings; 

2. a health assessment is required under Subpart IV or this Part; 

3. the permit application is subject to the requirements of Part 79- Permits 

- Nonattainmcnt Areas; 

4. additional time is needed to complete the requirements for Federal review 

spcci tied in Section 403 of Part 74- Permits - Prevention ofSignYicant Deterioration; 

5. the permit application requires review of unusually complex technical and 

regulatory issues; or 

6. the Department is unable to complete review of information submitted, 

because of the timing and scope of the submittal. [ 11-3-95; N, 1-1-00] 

D. The Department shall grant the permit, grant the permit subject to conditions, or 

deny the permit based on information contained in the Department's administrative record. The · 

administrative record shall consist of the application, any other evidence submitted by the 

applicant, any evidence or written comments submitted by interested persons, any other evide1ice 

20 NMAC 2.72 1-1-00 
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considered by the Department, a statement of matters officially noticed, and ~a9p~~Yic3J9eafih1g !J 2 6 

held, the evidence submitted at the hearing. l11e applicant has the burden of demonstrating that a 

permit or permit revision should be approved. [ 11-30-95; Rn & A, 20 NMAC 2.72.207 .C, l-1-

00] 

E. Any person who participated in a permitting action before the Department shall be 

notified by the Department of the action taken and the reasons for the action. Notification of the 

applicant shall be by certified mail. [11-30-95; Rn, 20 NMAC 2.72.207.0, l-1-00] 

F. Any person who participated in a permitting action before the Department and 

who is adversely affected by such permitting action may file a petition for hearing before the 

board. The petition shall be made in writing to the board within thirty (30) days from the date 

notice is given of the Department's action and shall specify the portions ofthe permitting action 

to which the petitioner objects, certify that a copy of the petition has been mailed or handdelivered as required by this paragraph, and attach a copy of the permitting action for which 

review is sought. Unless a timely request for hearing is made, the decision of the Department 

shall be final. The petition shall be copied simultaneously to the Department upon receipt of the 

appeal notice. If the petitioner is not the applicant or permittee, the petitioner shall mai I or handdeliver a copy of the petition to the applicant or permittee. The Department shall certify the 

administrative record to the board. [11-30-95, 1-7-98; Rn, 20 NMAC 2.72.207.E, 1-I-00] 

G. If a timely request for a hearing is made, the board shall hold a hearing within 

sixty (60) days of receipt of the petition in accordance with Section 74-2-7 of the New Mexico 

Air Quality Control Act, NMSA 1978. [ 11-30-95, l-7-98; Rn & A, 20 NMAC 2.72.207.F, l-l00] 

H. Any person adversely affected by an administrative action taken by the board may 

appeal in accordance with Section 74-2-9 of the New Mexico Air Quality Control Act, NMSA 

1978. [Rn, 20 NMAC 2.72.207.G, 1-1-00] 

208. BASIS FOR DENIAL OF PERMIT: The Department shall deny any application 

for a permit or permit revision if considering emissions after controls: 

A. It appears that the construction, modification or permit revision will not 

meet applicable regulations adopted pursuant to the Air Quality Control Act; 

B. The source will emit a hazardous air pollutant or an air contaminant in 

excess of any applicable New Source Performance Standard or National Emission Standard for 

Hazardous Air Pollutants or a regulation of the board; 

c. For toxic air pollutants, See Subpart IV of this Part; 

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11 1999NOV30 ~1 t:26 

. e constructiOn, mo t tcatJOn, or permtt revtston wt cause or contnuute 

to air contaminant levels in excess of any National Ambient Air Quality Standard or New 

Mexico Ambient Air Quality Standard unless the ambient air impact is offset by meeting the 

requirements of either Part 79 or Section 216 of this Part, whichever is applicable; 

E. The construction, modification, or permit revision would cause or 

contribute to ambient concentrations in excess of a Prevention ofSigniticant Deterioration (PSD) 

increment; 

F. Any provision of the Air Quality Control Act will be violated; or 

G. It appears that the construction of the new source will not be completed 

within a reasonable time. [ 11-30-95, 1-1-00] 

219. PERMITREVISIONS: [11-30-95;Rn,20NMAC2.72.202, 1-7-98; 1-7-98] 

A. Administrative Permit Revisions 

I. Administrative pennit revision procedures may be used only for those 

permit revisions that: 

a. Correct typographical errors; 

b. Provide for a minor administrative change at the source, such as a 

change in ownership or a change in the address or phone number of any person identified in the 

permit; 

c. Incorporate a change in the permit solely involving the retiring of a 

source or closing of a facility upon notification of the Department that the permittee has ceased 

operations of the source or facility; 

d. Incorporate a change in the pennit solely involving the deletion 

from the penn it of a source or sources upon notification of the Department that the source or 

sources have not been and will not be built; or 

e. Incorporate a source or activity at the facility which is exempted 

under Section 202.8 of this Part; 

2. The permittee shall apply for an administrative permit revision by tiling a 

certified written notification of the proposed revision with the Department which includes all 

infonnation required by the Department to review the request. The certification shall be made as 

required under Section 203.A.t2 ofthis Part; 

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3 Tl d . . . . . . . . . 199q ttpv 3 0 PH I : 2 6 . 1e a tmmstrattve penntt revtston ts etfecttve upon recetpl o (he 

notification by the Department; 

4. Administrative pennit revisions shall not be subject to public notification 

requirements under Sections 203.8 and 206 of this Pmt. The Department shall attach the 

revision to the permit; 

5. Administrative permit revisions shall not be subject to filing fees or permit 

fees under Part 2.75- Construction Permit Fees; 

6. The Department is not required to reissue the permit to incorporate an 

administrative permit revision. [1-7-98, 1-1-00] 

B. Technical Permit Revisions 

I. Technical permit revision procedures may be used only for: 

a. Pennit revisions that incorporate a change in the permit solely 

involving a change to monitoring, record keeping, or reporting requirements by the pennittee, 

provided that the Oepattrnent determines that such change does not reduce the enforceability of 

the permit; 

b. Permit revisions that incorporate a change in the permit solely 

involving additional equipment with a potential emission rate of no more than one (I) pound per 

hour for any pollutant for which a National or New Mexico Ambient Air Quality Standard has 

been set or one (I) pound per hour for any VOC; 

c. Permit revisions that incorporate a change in the permit solely 

involving the placement of permit conditions, including emissions limitations, on sources which 

existed on August 31, 1972 and which have been regularly operated since that time; 

d. Modifications that replace an emissions unit for which the 

allowable emissions limits have been established in the penn it, provided that the new emissions 

unit: 

(1) Is equivalent to the replaced emissions unit, and serves the 

same function within the facility and process; 

(2) Has the same or lower capacity and potential emission 

rates; 

(3) Has the same or higher control efficiency, and stack 

parameters which are at least as effective in the dispersion of air pollutants; 

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(4) Would not result in an increase of the potential emission 

rate of any other equipment at the facility; 

(5) Shall be subject to the same or lower allowable emissions 

limits under the permit, and to all other penn it conditions which have applied to the replaced 

emissions unit; 

(6) Would not, when operated under applicable permit 

conditions, cause or contribute to a violation of any National or New Mexico Ambient Air 

Quality Standard; and 

(7) Would not, as determined by the Department, require 

additional permit conditions in order to ensure the enforceability of the permit, such as additional 

record keeping or reporting to show compliance; or 

e. Permit revisions that make adjustments to the emissions limitations 

based on the result of the initial compliance test(s), provided that: 

(I) The test is performed in accordance with permit conditions; 

(2) Such adjustment occurs within six (6) months ofthe 

compliance test; 

(3) No other such adjustment has occurred since the most 

recent permit issuance or reissuance; 

(4) Such adjustment does not: alter any other permit condition; 

trigger additional requirements under any other Part, including Part 74- Prevention ofSign!ficant 

Deterioration; or result in allowable emissions which could contribute to a violation of any 

National or New Mexico Ambient Air Quality Standard; 

(5) Such request does not increase the pennitted allowable 

emissions ofthe unit(s) on which the initial compliance test(s) have been performed by more 

than ten (I 0) percent; and 

(6) Where the pennit tee calculated under Part 75-

Construction Permit Fees would have been greater if it had been based on the potential emission 

rate as indicated by the compliance test, the balance ofthe permit fee is submitted as part of the 

technical permit revision application; 

2. A request for a technical permit revision shall be accomplished by filing a 

certified written notification of the proposed revision with the Department on forms provided by 

the Department and shall include all information required by the Department to review the 

request. The certification shall be made as required under Section 203.A.I2 of this Part; 

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3. The Department shall approve or deny the technical permit revision, or 

inform the applicant that the request must be submitted as a significant permit revision: 

a. Within thirty (30) days of receipt of the application; or 

b. If in response to significant public interest the Department holds a 

public meeting regarding the technical permit revision, within sixty (60) days of receipt ofthe 

application; 

4. The Department may deny an application for a technical permit revision or 

require that such application be submitted as a significant permit revision if: 

a. Such revision does not meet the criteria of this Section; 

b. In the judgment of the Department the revision would require a 

decision on a significant or complex issue; or 

c. In the judgment of the Department the permittee has submitted 

multiple or subsequent applications for technical permit revisions under this Part that segment a 

larger revision or moditication that would not be eligible for a technical permit revision; 

5. The technical permit revision shall become effective upon written 

approval from the Department; 

6. Technical permit revisions shall not be subject to public notilication 

requirements under Sections 203.8.1, 4, and 5 and 206 of this Part. The Department shall attach 

the technical permit revision to the permit. [1-7-98, 1-1-00] 

SUBPART Ill- SOURCE CLASS PERMIT STREAMLINING 

30 I. APPLICABILITY: 

C. The following Secti01is of Part 72, Subpart II apply to permit applications 

submitted pursuant to Part 72, Subpart Ill: Sections 200.A, 200.8, 200.E through 200.H, 202, 

204, 205, 206.8, 207.0 through 207 .G, 208 through 212, 214, and 215. The remainder of Part 

72, Subpart 11 does not apply to applications submitted pursuant to Subpart Ill. [11-30-95, J-1-

00] 

302. CONTENTS OF APPLICATION: 

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. e ttems o t IS ect10n, 1 requeste on t e app tea e appltcatJOn fOrm, are 

required before the Department may deem an application administratively complete. The 

applicant shall submit the number of copies of the permit application specitied in the applicable 

application form. All applications shall be tiled on the forms furnished by the Department and 

shall include: 

I. The applicant's name and address, the person to contact regarding the 

application, and the name and address ofthe new source or modification; 

2. A description of the new facility or modification including all operations 

effecting air emissions; 

3. The anticipated operating schedule; 

4. A topographical map, at least as detailed as a 7.5 minute United States 

Geological Survey Topographic Quadrangle, showing the exact location and geographical 

coordinates of the stationary source; 

5. The Universal Transverse Mercator (UTM) horizontal and vertical 

coordinates tor the facility; 

6. A plot plan showing the location of emission units with respect to the 

plant's property boundaries and the dimensions of any buildings, terrain, or obstructions which 

may cause emissions to be downwashed; 

7. A detailed description of any air pollution control device or method to be 

utilized, including the basis for the estimated control efficiency; 

8. The stack and exhaust gas parameters for all emission points, including 

calculations and manufacturer's or supplier's data which documents the emission rates and 

exhaust gas parameters; 

9. A comprehensive regulatory compliance review, including all pertinent 

data and calculations, for each applicable new source performance standard, such as 40 CFR 60, 

Subpart GG - Standards of Pertormarice tor Stationary Gas Turbines; 

l 0. Documentation of the manufacturer's or supplier's recommended 

maintenance schedules and procedures tor all air pollution control equipment; 

11. A compliance demonstration based on US EPA approved modeling or 

analysis, including all pertinent calculations and computations, tor all applicable requirements of 

Part 72, Subpart 111 tor any facility electing to obtain a pennit under this Subpart; 

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12. Documentary proof that the requirements of Part 72, Sections 302.A.l and 

302.A.2 have been satisfied; 

I 3. The notarized signature under oath or atlirmation by the operator, the 

owner, or an authorized representative, certifying to the best of his or her knowledge the truth of 

all information submitted; 

14. Payment of any fees which are specified in Part 75 - Construction Permit 

Fees as payable at the time the application is submitted; and 

I 5. Any other specifically identified relevant information as the Department 

may reasonably require.[! 1-30-95, 1-1-00] 

304. PERMIT DECISIONS: 

A. The Department shall within thirty (30) days after its receipt of an application for 

a permit or permit revision review such application and determine whether it is administratively 

complete. 

I. If the application is deemed administratively complete, a certified letter to 

that effect shall be sent to the applicant. 

2. If the application is deemed administratively incomplete, a certified letter 

shall be sent to the applicant stating what additional information or points of clarification are 

necessary to deem the application administratively complete. Upon receipt of such information, 

the Department shall promptly review such information and determine whether the application is 

administratively complete. 

3. lfthe application is deemed administratively complete but no permit is 

required, a certified letter shall be sent to the applicant informing the applicant of the 

determination. (11-30-95, 1-1-00] 

B. The Department shall" either grant, grant subject to conditions, or deny the permit 

or permit revision as soon as practicable after the Department deems the application 

administratively complete but not to exceed the times specified below: 

I. 

thirty (30) days; 

For applications qualifying under the Section 30 l.D.I or 30 1.0.2, within 

2. For all other applications, within sixty (60) days, or ninety (90) days if 

there is a hearing under Part 72, Section 206. [ 11-30-95, 1-1-00] 

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SUBPART IV- PERMITS FOR TOXIC AIR POLLUTANT EMISSIONS 

403. CONTENTS OF APPLICATION: 

A. For the Department to deem administratively complete a pennit application for 

the emission of a toxic air pollutant, the application shall contain, in addition to the requirements 

of Section 203 of this Part, the following items: 

l. Identification of all toxic air pollutants that may be emitted in excess of 

the screening level (specified in pounds per hour) in Section 502; 

2. Air quality modeling, in accordance with methods approved by the US 

EPA or the Department, that estimates ambient concentrations that would be caused by the 

proposed emissions. The modeling for the toxic air pollutants will include available emissions 

supplied by the Department from registration and permitting information from all registered or 

permitted sources in the area of the source being permitted. [ 11-30-95, 1-1-00] 

B. If the modeling shows that the eight-hour average ambient concentration of the 

toxic air pollutant exceeds one-one hundredth of the OEL and the toxic air pollutant is not 

identified as a known or suspected human carcinogen in Section 502, Table 8, the permit 

application shall also include, as a requirement tor administrative completeness, a health 

assessment Jor the toxic air pollutant under consideration. The assessment shall inc I ude 

consideration ofthe following: 

I. Source to potential receptor data and modeling; 

2. Relevant environmental pathway and etlects data; 

3. Available health effects data such as: 

a. Functional diseases; 

b. Mutagenicity data as an index of genotoxic effects including 

heritable diseases; 

c Reproductive effects data; 

d. Other diseases; and 

4. An integrated assessment of the human health effects tor projected 

exposures from the applicant's facility. The assessment should use existing relevant data 

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f!L£0 WITH 

STATE RECORDS CENTER 

obtained from epidemiological studies, controlled human exposure studieJ,9~P~tcl9 a~it~a\: 26 

studies, and studies using tissues and cells. [I I -30-95, 1-1-00) 

C. If the toxic air pollutant is identified as a known or suspected human carcinogen 

in Section 502 and air quality modeling shows that the eight-hour average concentration of the 

toxic air pollutant exceeds one-one hundredth of the OEL or the minimum detection level in 

Section 502, the permit application shall include, as a requirement for administrative 

completeness, infonnation necessary to demonstrate the source will install the best available 

control technology to control that pollutant. [ J 1-30-95, 1-1-00] 

404. PUBLIC NOTICE AND PARTICIPATION: In addition to the requirements of 

Section 206: [ 11-30-95] 

A. The Department shall meet with the applicant during the permit application 

process, prior to deeming the application administratively complete, to discuss the need for 

additional data and information not initially submitted by the applicant; and [ 11-30-95, 1-1-00] 

20 NMAC 2.72 1-l-00