# 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 Permitsrelated 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 MexicoState Records Center January 3, 2001, effective February 2, 2001.1.24.10 NMAC ] 

# NMACTRANSMITTALFORM FILED \ifiHl 

## STXi"E G;ECCi\JS CEtHER

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New 

# D Amendment 

# [!] Renumber 

# [!] Repeal 

# D Emergency 

# D

No 

### X Yes

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Name: Jimi Gadzia

Title: Chair

SRC-2000-02 5/26/2000 Please listattachments andInternetsite(s) if applicable



### YesD 1. 2 

### 3. 

### 12/08/00

Public domain

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Checkif delegated 

# D authority

## Agency: Environmental Improvement Board
DFA Account: 667 Contact Person: Eric Ames Office ofGeneral Counsel NewMexico Environment Department P.O. Box 26110 SantaFe, 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 ST/\TE R:ECCROS**CE~,JTEI"1** 

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# 43 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 20.2.72.30lNMAC 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 20.2.72.10I 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 20.2.72.106 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 ofthe 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 ofall 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 ofany permit application, except those portions ofwhich may be determined as confidential in accordance with 20.2.1 NMAC (General Provisions), will be supplied upon written request and payment ofreasonable costs; (3) Subsequent to [tfle availability for public review ofthe permit application and preliminaF)'] an affirmative administrative completeness determination, publish a public notice in a newspaper ofgeneral circulation in the area closest to the location ofthe source. The notice shall include: the applicant's name and address, the location and briefdescription ofthe source, a summary ofestimated 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 ofthe 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 oftheir 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 priorto the end ofthe initial 30 day comment period will not receive notification ofthe availability ofthe analysis and thus forewarn such person ofthe need to express interest in writing ifthey desire to review and comment on the analysis; 

### @ Provide the notice under Paragraph 3 ofSubsection 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 ofthose who have indicated in writing a desire to receive notices ofall 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 ofthe 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 ofthe public notice at the same time it is sent for publication to the appropriate agency in the following locations ifthe source will locate within fifty kilometers ofthe

20.2.72 NMAC

## FtLED WITH 

## ST!\TE REcoqos CENTER 

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## l13 boundary ofother states, Bernalillo County, or a Class I area. 

### [A-€ej3y]Copies ofall public notices shall be sent to US EPA Region VI, ifrequested 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 ofthe 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 ifthe 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 ofthe hearing shall be determined by the Department. The Department shall give notice ofthe hearing to the applicant and the public. The Secretary may appoint a hearing officer. A transcript ofthe hearing shall be made at the request ofeither the Department or the applicant and at the expense ofthe 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 andto examine witnesses testifYing at the hearing. 20.2.72.215 EMERGENCY PERMIT PROCESS: D. The requirements of**Paragraphs[~]** 

### 5 and 6 ofSubsection 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 ofGeneral 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 similarrequirements, 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 oroperator ofall 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