New Mexico State Amendments to Part 72 

(20.2.72 NMAC), Construction Permits, 

submitted to EPA April 11, 2002. 

Element 4: Amendments to Part 72, 

Construction Permits, State effective 

February 2, 2001 ‐‐ This document 

contains only the amendments to Part 72 

effective February 2, 2001. The entire 

submittal is available in this docket in 

documents EPA‐R06‐OAR‐2005‐NM‐0006‐ 

0006 to EPA‐R06‐OAR‐2005‐NM‐0006‐0013.
April 11, 2002 New Mexico State SIP Submittal: 

Element 4, Document 1 (of 8): 

Element 4. Hearing Record for the hearing held by the Environmental 

Improvement Board on November 9, 2000 to consider the regulatory changes to 

20.2.72 NMAC - Construction Permits related to public participation procedures 

for permit issuance. The regulation was also renumbered at that time. 

Document 1 (of 8): Revisions to Part 72 (20.2.72 NMAC), Construction Permits, 

filed with the New Mexico State Records Center January 3, 2001, effective 

February 2, 2001. 
1.24.10 NMAC 

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NMACTRANSMITTALFORM 

FILED \ifiHl 

STXi"E G;ECCi\JS CEtHER 

[Sequence#-----

New D Amendment [!] Renumber [!] Repeal D Emergency D 

No X Yes 

',; 

NoD 

Name: Jimi Gadzia 

Title: Chair 

SRC-2000-02 

5/26/2000 

Please list attachments 

and Internet site(s) if 

applicable 

YesD 

1. 

2 

3. 

12/08/00 

Public domain D 

Check if delegated D 

authority 
Agency: Environmental Improvement Board 

DF A Account: 667 

Contact Person: Eric Ames 

Office of General Counsel 

New Mexico Environment Department 

P.O. Box 26110 

Santa Fe, NM 87502 

phone: 827-1031 

Part Name: Construction Permits 

Part Number: 20.2. 72 NMAC 

Filename: for_ NMregister.doc 

Wordprocessing format: Word97 
FILED V!ITH 

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Explanatory Note: Amended 20.2.72.206 NMAC is published in its entirety. Amendments to Sections 

20.2.72.215 NMAC, 20.2.72.220 NMAC and 20.2.72.30 lNMAC are minor changes in cross-references to 

renumbered subsections and paragraphs of20.2.72.206 NMAC. Therefore, only those subsections or 

paragraphs of 20.2.72.215 NMAC, 20.2.72.220 NMAC and 20.2.72.301 NMAC which contain amended 

text are published here. These amendments are effective February 2, 2001. To conform with the newly 

prescribed structure for the NMAC (see 1.21.1 NMAC & 1.24.10 NMAC), the entire part (20.2.72 NMAC) 

was reformatted and the following sections were renumbered but not amended: 

20.2.72.100 NMAC renumbered to 20.2.72.1 NMAC 

20.2. 72.10 I NMAC renumbered to 20.2. 72.2 NMAC 

20.2. 72.102 NMAC renumbered to 20.2. 72.3 NMAC 

20.2.72.103 NMAC renumbered to 20.2.72.4 NMAC 

20.2.72.104 NMAC renumbered to 20.2.72.5 NMAC 

20.2. 72.105 NMAC renumbered to 20.2. 72.6 NMAC 

20.2.72.1 06 NMAC renumbered to 20.2.72.8 NMAC 

20.2. 72.107 NMAC renumbered to 20.2. 72.7 NMAC 

20.2.72.108 NMAC renumbered to 20.2.72.9 NMAC 

As part of the renumbering and reformatting process, internal references have been converted. 

20.2. 72.206 

A. 

(1) 

permit revisions; 

PUBLIC NOTICE AND PARTICIPATION: 

The Department shall: 

Make available for public inspection a list of all pending applications for permits or 

(2) Make available for public inspection the permit application and the Department's 

preliminary determination. This material shall be available both at the Department's central office and the 

district or field office nearest to the proposed source. Copies of any permit application, except those 

portions of which may be determined as confidential in accordance with 20.2.1 NMAC (General 

Provisions), will be supplied upon written request and payment of reasonable costs; 

(3) Subsequent to [tfle availability for public review of the permit application and 

preliminaF)'] an affirmative administrative completeness determination, publish a public notice in a 

newspaper of general circulation in the area closest to the location of the source. The notice shall include: 

the applicant's name and address, the location and brief description of the source, a summary of estimated 

emissions and ambient impact, and the Department's preliminary intent to [grant or deny] issue the permit if 

the construction or modification requested in the application will comply with air quality requirements, 

including ambient standards. The notice shall identify the location of the permit application and 

[preliminary determination] Department's Analysis (when available) for public review and describe the 

manner in which comments or evidence may be submitted to the Department, including that persons must 

inform the Department in writing of their interest in the permit application in order to have a 30 day period 

to review and comment on the analysis under Subsection B of20.2.72.206 NMAC below. The notice shall 

clearly state that any person who does not express such interest in writing prior to the end of the initial 30 

day comment period will not receive notification of the availability of the analysis and thus forewarn such 

person ofthe need to express interest in writing if they desire to review and comment on the analysis; 

@ Provide the notice under Paragraph 3 of Subsection A of20.2.72.206 NMAC above by 

mail, which may include electronic mail. to all individuals and organizations identified on a list maintained 

by the Department of those who have indicated in writing a desire to receive notices of all applications 

under this Part: 

lf411~ Allow all interested persons [forty five (45)] thirtv (30) days from the date the 

public notice is published to [submit ¥.'1'itten comments or evidence on ilie preliminary determination and 

applicatioR and to request a public i:learing] express an interest in writing in the permit application; 

1~1® Mail written notice of the action taken on a permit application to any person who 

[submitted written commeRts or evideRce oR] expresses an interest in writing in the application; and 

ff6)]{.1l Mail a copy of the public notice at the same time it is sent for publication to the 

appropriate agency in the following locations if the source will locate within fifty kilometers of the 

20.2.72 NMAC 
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boundary of other states, Bernalillo County, or a Class I area. [A-€ej3y] Copies of all public notices shall be 

sent to US EPA Region VI, if requested by US EPA. 

B. In the event that any person expresses an interest in writing in the permit application, the 

Department shall also: 

(1) Notify each person who expressed an interest in writing in the permit application of the 

date and the location that the Department's Analysis was or will be available for review; and 

(2) Not issue the permit until at least thirty (30) days after the Department's Analysis is 

available for review. During this thirty (30) day period, any person may submit written public comments or 

request a public hearing. 

[&[~. The Department shall hold a public hearing if the Secretary determines that there is a 

significant public interest. Public hearings shall be held in the geographic area likely to be impacted by the 

source. The time, date, and place of the hearing shall be determined by the Department. The Department 

shall give notice of the hearing to the applicant and the public. The Secretary may appoint a hearing officer. 

A transcript of the hearing shall be made at the request of either the Department or the applicant and at the 

expense of the person requesting the transcript. At the hearing, all interested persons shall be given a 

reasonable chance to submit data, views or arguments orally or in writing and to examine witnesses 

testifYing at the hearing. 

20.2.72.215 EMERGENCY PERMIT PROCESS: 

D. The requirements of Paragraphs[~] 5 and 6 of Subsection A of20.2.72.206 

NMAC, Subsection [B] ~ of20.2.72.206 NMAC, and Subsections A and B of20.2.72.207 NMAC shall 

not apply to emergency permits processed under this section. 

20.2.72.220 GENERAL PERMITS: 

A. Issuance of General Construction Permits. 

{1) The Department may, after notice under [Subsection A] Subsections A and B of 

20.2.72.206 NMAC and a public hearing with opportunity for public participation under Subsection [B] ~ 

of20.2.72.206 NMAC issue one or more general construction permits, each covering numerous similar 

sources. Sources registered for coverage under a general permit shall be generally homogeneous in terms of 

operations, processes and emissions, subject to the same or substantially similar requirements, and not 

subject to case-by-case standards or requirements. 

B. Revisions to a General Construction Permit. 

{1) The Department may, after notice under [Subsection A] Subsections A and B of 

20.2.72.206 NMAC and a public hearing with opportunity for public participation under Subsection [B)~ 

of20.2.72.206 NMAC, revise a general construction permit. Notice ofthe proposed revision shall also be 

sent to the owner or operator of all sources registered under the general construction permit. 

20.2.72.301 APPLICABILITY: 

C. The following sections and subsections of20.2.72.200 NMAC- 20.2.72.299 NMAC 

apply to permit applications submitted pursuant to 20.2.72.300 NMAC- 20.2.72.399 NMAC: Subsections 

A, Band E through H of20.2.72.200 NMAC, 20.2.72.202 NMAC, 20.2.72.204 NMAC, 20.2.72.205 

NMAC, Subsection [B] ~ of20.2.72.206 NMAC, Subsections D through G of20.2.72.207 NMAC, 

20.2.72.208 NMAC, 20.2.72.209 NMAC, 20.2.72.210 NMAC, 20.2.72.211 NMAC, 20.2.72.212 NMAC, 

20.2.72.214 NMAC and20.2.72.2l5 NMAC. The remainder of20.2.72.200 NMAC- 20.2.72.299 NMAC 

does not apply to applications submitted pursuant to 20.2.72.300 NMAC- 20.2.72.399 NMAC. 

20.2.72 NMAC 2