# New Mexico State Amendments to Part 72 (20.2.72 NMAC), Construction Permits, submitted to EPAApril 11, 2002. Element 3: Amendments to Part 72, Construction Permits, State effectiveJanuary 1, 2000‐‐This documents contains onlythe 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 toconsider 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 30 

# PH I: 25 1 NMAC 3.3.10.22 {Sequence No. 1. Agency Name & MailingAddress 

## 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 RuleAction 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 (ifapplicable)

10 I 30 I 95 8. Arethere anv materials incoroorated bv reference? Reference I Internetsite No .JL Yes Please listattachments 1.



### - and Internetsite(s) if 2. applicable 3. 

### I9. Ifmaterials are attached, have copyright permissions been received? No Yes Public domain
10. Total Number of Pages:
__ _ 11. Hearing Date ofRule:**__jj_l~_j!_** 12. Effective Dateof 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 IssuingAuthority Name: JIMI GADZIA Title: CHAIR

SRC-95-04 l

### Agency Name & 

### Address
Agency OFAAccount 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

### FILED WITH STATE RECORDS CENTER 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 ofeither Part 74, 79, 77, 78, or Part 83

- 

### Construction orModffications**<~f**

### Major Sources (dHazardous AirPollutants 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 sufficientnumber ofcopies to meet the requirement ofthe 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 ofeach applicable Part are applied separately and do not supersede each other; and D. Atler the requirements ofall 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 ofthis Part shall do so by filing a written application with the Department. The applicant shall submitthe number ofcopies of the permit application specified in the applicable application form. The items ofthis 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, toremergency permits processed under Section 215 ofthis 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, togetherwith the names and addresses ofall owners or operators ofthe source, and the applicant's state orincorporation or principal registration to do business; 20 NMAC 2.72 1-1-00

### FILED WITH STATE RECORDS CENTER 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 respectto 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 ofSubpart IV; 4. Contain a regulatory compliance discussion demonstrating compliance with each applicable airquality regulation, ambient air quality standard, prevention ofsignificant deterioration increment, and provision ofSubpart IV ofthis Part. The discussion must include an analysis, which may require use ofUS 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 ofsigniticant deterioration increment, and (2) ifrequired by Subpart IV ofthis Part, estimate ambientconcentrations oftoxic 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 ofthe proposed construction, modification or installation ofthe source; 7. Include a process flow sheet, including a material balance, and a site diagram ofall components and locations ofemissions to the atmosphere ofthe facility which would be involved in routine operations and emissions; 8. Include a lull description, including all calculations ofcontrolled and uncontrolled emissions and the basis f()r all control efticiencies presented, ofthe equipmentto be used for air pollution control, including a process flow sheet, or, ifthe Department so requires, layout and assembly drawings; 9. Include a descr:iption ofthe equipment or methods proposed by the applicant to be used for emission measurement; l0. State the maximum and standard operating schedules ofthe source after completion ofconstruction, modification or installation or after permit revision in terms ofwhich and how many hours per day, days per week, days per month and days peryear; ll. Contain such other specitically identified relevant information as the Department may reasonably require;

20 NMAC 2.72 1-1-00

### FILED WITH STATE RECORDS CENTER 

## 1999HOV 30 PM I! 26 12. 

### Be notarized and signed under oath or affirmation by the operator, the owner or an authorized representative, certifying, to the best ofhis or her knowledge, the truth of all information in the application and addenda, ifany; 13. 

### Contain payment ofany fees which are speci1ied in Part 75 -Construction Permit Fees 

### as payable at the time the application is submitted; and 14. Contain documentary proofofapplicant's public notice, ifapplicable, 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 

### ofthis Part. The applicant's public notice for a permit or significant permit revision shall be: 1. Provided by certified mail, to the owners ofrecord, as shown in the most recent property tax schedule, ofall properties:
a. Within one hundred (I00) feet ofthe property on which the facility is located or proposed to be located, ifthe facility is or is proposed to be located in a Class A or Class Hcounty or a municipality with a population ofmore than two thousand**~ive** 

### hundred (2500) 

### persons; or b. Within one-half(Y2) 

### mile ofthe property on which the facility is located or is proposed to be located ifthe facility is orwill 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 municipalitics 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 ofgeneral 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 ofthe newspaper and at one otherplace 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 significantpermit revision is issued or denied; and
20 NMAC 2.72 1-1-00

### FILED WITH STATE RECORDS CENTER 

## 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 orCorrecting 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 orotherwise determined to be relevant. 2. It: while processing an application, regardless ofwhether 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 areasonable deadline for a response. The applicant shall submit the requested information in writing on or before the deadline setby the Department. [1-1-00]
207. PERMIT DECISIONS AND APPEALS: 

### A. The Department shall, within thirty (30) days after its receipt ofan 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 maiIto the applicant. 2. administrativeJy incomplete, a letter shall be sent by certified mail to the applicant stating what additional information or points ofclarification are necessary to deem the application administratively complete. Upon receipt ofthe 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 ofthedetermination. [11-30-95, 1-7- 98, 

### 1-1-00]

20 NMAC 2.72 I-I -00

### FILED WITH STATE RECORDS CENTER B T} D h II · 1 b. d.
. 

## I999 NOV 30 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 atlerthe Department deems the application administratively complete, ifthe application is not subject to the requirements ofPart 

### 74- Prevention ofSign!ficantDeterioration; 

### or 2. within one hundred eighty (

### 180) days atlcr the Department deems the application administratively complete, ifthe application is subject to the requirements ofPart 

### 74 -Prevention (4Sign[ficant Deterioration. [

### 11-30-95, 1-7-98, 1-1-00]
C. 

### Ifthe Department fails to take action on the application within the deadlines specified in paragraph Bofthis Section, the Department shall notify the applicant by certified mail that an extension oftime 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 Bofthis 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. Ifthe Secretary grants the extension, the notitication shall include the length ofthe 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

# orthis Part; 3. the permit application is subject to the requirements ofPart 

### 79- Permits

- NonattainmcntAreas; 

### 4. additional time is needed to complete the requirements for Federal review spccitied in Section 

### 403 ofPart 

### 74- Permits

- Prevention ofSignYicantDeterioration; 

### 5. the permit application requires review ofunusually complex technical and regulatory issues; or 6. the Department is unable to complete review ofinformation submitted, because ofthe timing and scope ofthe 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 ofthe application, any other evidence submitted by the applicant, any evidence orwritten comments submitted by interested persons, any other evide1ice 20 NMAC 2.72 1-1-00

## fiLED WITH STATE RECORDS 

### CENTER considered by the Department, a statement ofmatters officially noticed, and

## ~a9p~~Yic3J9eafih1g

# !J 2 6 held, the evidence submitted at the hearing. l11e applicant has the burden ofdemonstrating that a permit orpermit 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 ofthe action takenand the reasons for the action. Notification ofthe 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 ofthe Department's action and shall specify the portions ofthe permitting action to which the petitionerobjects, certify that a copy ofthe petition has been mailed orhanddelivered as required by this paragraph, and attach a copy ofthe permitting action for which review is sought. Unless a timely request for hearing is made, the decision ofthe Department shall be final. The petition shall be copied simultaneouslyto the Department upon receipt ofthe appeal notice. Ifthe petitioner is not the applicant orpermittee, the petitioner shall maiI or handdeliver a copy ofthe 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. Ifa timely request for a hearing is made, the board shall hold a hearing within sixty (60) days ofreceipt ofthe petition in accordance with Section 74-2-7 

### ofthe 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 ofthe 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 ifconsidering emissions after controls: A. Itappears that the construction, modification orpermit revision will not meet applicable regulations adopted pursuantto the Air Quality Control Act; B. The source will emit a hazardous airpollutant or an air contaminant in excess ofany applicableNew Source Performance Standard or National Emission Standard for Hazardous Air Pollutants ora regulation ofthe board; 

### c. Fortoxic air pollutants, See Subpart IV ofthis Part; 20 NMAC 2.72 1-1-00

### FILED WITH STATE RECORDS CENTER 0 Th · d·t- · . . . .11 

## 1999NOV30**~1** 

## t:26

. e constructiOn, mo t tcatJOn, orpermttrevtston wt cause orcontnuute to aircontaminant levels in excess ofany National Ambient Air Quality Standard or New Mexico Ambient Air Quality Standard unless the ambient air impact is offset by meeting the requirements ofeither Part 79 or Section 216 ofthis Part, whichever is applicable; E. The construction, modification, or permit revision would cause or contribute to ambient concentrations in excess ofa Prevention ofSigniticant Deterioration (PSD) increment; F. Any provision ofthe Air Quality Control Act will be violated; or G. It appears that the construction ofthe 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. Administrativepennitrevision procedures may be used only for those permit revisions that:
a. Correcttypographical errors; b. Provide for a minor administrative change at the source, such as a change in ownership or a change in the address orphone number ofany person identified in the permit;

c. Incorporate a change in the permit solely involving the retiring ofa source orclosing ofa facility upon notification ofthe Department that the permittee has ceased operations ofthe source orfacility; d. Incorporate a change in the pennit solely involving the deletion from the pennit ofa source or sources upon notification ofthe Department that the source or sources have not been and will not be built; or
e. Incorporate a source oractivity at the facility which is exempted under Section 202.8 ofthis Part; 2. The permittee shall apply for an administrative permit revision by tiling a certified written notification ofthe proposed revision with the Department which includes all infonnation required by the Departmentto review the request. The certification shall be made as required underSection 203.A.t2 ofthis Part;
20 NMAC 2.72 1-1-00

### FILED WITH 

### SII\TE RECORDS CENTER 3 Tl d . . . . . . . . . 

## 199q

# ttpv 30 PH I:2 6

. 1e a tmmstrattve pennttrevtston 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 ofthis 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 ofno 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 ofpermit 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 pennit, 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 ofair pollutants; 20 NMAC 2.72 1-J-00

### FILED WITH STATE RECORDS CENTER 

## 1999NOV 30 Pt't 1:26 (4) Would not result in an increase ofthe potential emission rate ofany other equipment at the facility; (5) Shall be subjectto the same or lowerallowable emissions limits under the permit, and to all other pennit conditions which have applied to the replaced emissions unit; (6) Would not, when operated under applicable permit conditions, cause or contribute to a violation ofany National orNew Mexico Ambient Air Quality Standard; and (7) Would not, as determined by the Department, require additional permit conditions in orderto ensure the enforceability ofthe permit, such as additional record keeping orreporting to show compliance; or
e. Permit revisions that make adjustments to the emissions limitations based on the result ofthe 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 othersuch adjustment has occurred since the most recent permit issuance orreissuance; (4) Such adjustment does not: alter any other permitcondition; trigger additional requirements under any other Part, including Part 74- 

### Prevention ofSign!ficant Deterioration; orresult in allowable emissions which could contribute to a violation ofany National orNew 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 (I0) percent; and (6) Where the pennit tee calculated under Part 75- 

### Construction PermitFees would have been greater ifit had been based on the potential emission rate as indicated by the compliance test, the balance ofthe permit fee is submitted as part ofthe technical permitrevision application; 2. A request for a technical permit revision shall be accomplished by filing a certified written notification ofthe proposed revision with the Department on forms provided by the Department and shall include all information required by the Department to reviewthe request. The certification shall be made as required under Section 203.A.I2 ofthis Part; 20 NMAC 2.72 1-1-00

### FILED WITH 

### S

...''TE DJ:"I'QRO<' 

### "E!JTi='0 11-1 ,.,._.... ,, v f1l ••n 

## 1999NOV30 Pl'11:26 3. The Departmentshall approve ordeny the technical permit revision, or inform the applicant that the request must be submitted as a significantpermit revision:

a. Within thirty (30) days ofreceipt ofthe application; or b. Ifin response to significant public interest the Department holds a public meeting regarding the technical permit revision, within sixty (60) days ofreceipt 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 ofthis Section; b. In thejudgment ofthe Departmentthe revision would require a decision on a significant or complex issue; or
c. In thejudgment ofthe Department the permittee has submitted multiple or subsequent applications for technical permitrevisions underthis 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 ofthis 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 ofPart 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 remainderofPart 72, Subpart 11 does not apply to applications submitted pursuantto Subpart Ill. [11-30-95, J-1- 00]
302. 

### CONTENTS OF APPLICATION:

20 NMAC 2.72 I-1-00

### FILED WITH STATE RECORDS CENTER B Th · f h. 

# s · ·f d h 1. bl
. 

## 1999tWV 30 PM I: 26

. 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 ofcopies ofthe 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 contactregarding the application, and the name and address ofthe new source or modification; 2. A description ofthe 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 ofthe stationary source; 5. The Universal Transverse Mercator (UTM) horizontal and vertical coordinates tor the facility; 6. A plotplan showing the location ofemission units with respect to the plant's property boundaries and the dimensions ofany buildings, terrain, orobstructions which may cause emissions to be downwashed; 7. A detailed description ofany air pollution control device ormethod 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 exhaustgas parameters; 9. A comprehensive regulatory compliancereview, including all pertinent data and calculations, for each applicable new source performance standard, such as 40 CFR 60, SubpartGG

- Standards ofPertormarice tor Stationary Gas Turbines; l0. Documentation ofthe manufacturer's or supplier's recommended maintenance schedules and procedures torall air pollution control equipment; 11. A compliance demonstration based on US EPA approved modeling or analysis, including all pertinent calculations and computations, torall applicable requirements of Part 72, Subpart 111 tor any facility electingto obtain a pennit underthis Subpart;

20 NMAC 2.72 1-1-00

### FILED WITH STATE RECORDS CEHTER 

## 1999NOV 30 PH I: 

## 26 12. Documentary proofthat the requirements ofPart 72, Sections 302.A.l and 302.A.2 have been satisfied; 

### I3. The notarized signature under oath oratlirmation by the operator, the owner, or an authorized representative, certifying to the best ofhis orherknowledge the truth of all information submitted; 14. Payment ofany fees which are specified in Part 75

- 

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

### I5. 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 ofan application for a permit orpermit revision review such application and determine whether it is administratively complete. I. Ifthe application is deemed administratively complete, a certified letterto that effect shall be sent to the applicant. 2. Ifthe application is deemed administratively incomplete, a certified letter shall be sent to the applicant stating what additional information or points ofclarification are necessary to deem the application administratively complete. Upon receipt ofsuch information, the Department shall promptly review such information and determine whetherthe 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 ofthe 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 butnot to exceed the times specified below: I. thirty (30) days; For applications qualifying underthe 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]

20 NMAC 2.72 1-1-00r 

### FILED WITH STATE RECORDS CENTER 

## 1999 HOV 30 Pti I: 26 SUBPART IV- PERMITS FORTOXIC AIR POLLUTANT EMISSIONS
403. 

### CONTENTS OFAPPLICATION: A. Forthe Departmentto deem administratively complete a pennit application for the emission ofa toxic airpollutant, the application shall contain, in addition to the requirements ofSection 203 ofthis Part, the following items: l. Identification ofall toxic airpollutants that may be emitted in excess of the screening level (specified in pounds per hour) in Section 502; 2. Airquality modeling, in accordance with methods approved by the US EPA orthe 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 Departmentfrom registration and permitting information from all registered or permitted sources in the area ofthe sourcebeing permitted. [11-30-95, 1-1-00] 

### B. Ifthe modeling shows that the eight-houraverage ambient concentration ofthe toxic air pollutant exceeds one-one hundredth ofthe OEL and the toxic airpollutant 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 airpollutant under consideration. The assessment shall incI ude consideration ofthe following: I. Source to potential receptor data and modeling; 2. Relevantenvironmental pathway and etlects data; 3. Available health effects data such as:
a. Functional diseases; b. Mutagenicity data as an index ofgenotoxic effects including heritable diseases;

c Reproductive effects data; d. Other diseases; and 4. An integrated assessment ofthe human health effects torprojected exposures from the applicant's facility. The assessment should use existing relevant data

20 NMAC 2.72 1-1-00

### 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. Ifthe toxic airpollutant is identified as a known or suspected human carcinogen in Section 502 and air quality modeling 

### shows that the eight-houraverage concentration ofthe toxic air pollutant exceeds one-one hundredth ofthe 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