New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 41 - CONSTRUCTION PERMITS › Section 20.11.41.14 - PUBLIC NOTICE BY DEPARTMENT - PUBLIC PARTICIPATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The department shall maintain a list of
				all pending applications for permits available for public inspection.
B. If the department makes an affirmative
				administrative completeness determination then:
(1) the department shall make the permit
				application and all supporting documentation available for public inspection at
				the department's air quality division office at One Civic Plaza NW,
				Albuquerque, NM 87102;
(2) the
				department shall publish the public notice on the website of the city of
				Albuquerque environmental health department; the notice shall state:
(a) the applicant's name and
				address;
(b) the proposed or
				existing location;
(c) a brief
				description of the source and related facility, if any;
(d) a brief preliminary summary of proposed
				emissions and the proposed net emissions increase if a permit modification is
				proposed;
(e) the ambient air
				quality impact as determined by air dispersion modeling, if required by the
				department;
(f) the location where
				the permit application and the department's analysis if completed, are
				available for public review; 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 so alert such a person of the need to express interest in writing
				if they desire to review and comment on the analysis;
(g) that the public has 30 days to submit
				written comments and evidence to the department regarding the proposed permit
				or to request a PIH regarding the application or both; the notice shall specify
				the date by which all comments and evidence or a request for a PIH shall be
				submitted;
(h) that the department
				shall hold a PIH pursuant to
				20.11.41.15
				NMAC if the director determines there is significant public interest and a
				significant air quality issue is involved; and
(i) that any person who does not participate
				in the permitting action will not receive notification of the department's
				decision regarding the proposed permit, unless the person has delivered a
				written request for notice to the department;
(3) the department shall provide the notice
				required by Paragraph (2) of Subsection B of 20.11.41.14 NMAC by regular mail
				or electronic mail to all individuals and organizations identified on a list
				maintained by the department of persons who have stated in writing a desire to
				receive notices of all applications filed pursuant to 20.11.41 NMAC;
(4) the department shall allow all interested
				persons 30 days from the date the public notice is published to deliver to the
				department written comment and evidence regarding the application for a
				permit;
(5) the department shall
				send notice of the department's action regarding the permit application and the
				reasons for the action to every person who participated in the permitting
				action; a request to inspect or copy shall not be considered participation for
				the purposes of Paragraph (5) of Subsection B of 20.11.41.14 NMAC; the
				applicant shall be notified by certified mail or electronic mail; all other
				interested persons who participated shall be notified by regular mail or
				electronic mail;
(6) the department
				shall provide a copy of the public notice by certified mail or electronic mail
				to the designated representative(s) of the recognized neighborhood associations
				and recognized coalitions, that are within one-half mile of the exterior
				boundaries of the property on which the source is or is proposed to be located;
				contact information, if available, shall be obtained from the most current
				records of the city of Albuquerque office of neighborhood coordination and the
				county of Bernalillo zoning, building and planning department;
(7) the department shall mail a copy of the
				public notice by regular or electronic mail to every person who submits a
				written request for a copy to the department;
(8) the department shall mail a copy of the
				public notice by regular or electronic mail to the state of New Mexico
				environment department within five days after the department deems the
				application complete; the department shall also mail a copy of the public
				notice by regular or electronic mail to EPA Region VI, if requested;
				and
(9) the department shall mail a
				copy of the public notice by regular or electronic mail to all municipalities,
				Indian tribes and counties that are within one-half mile of the exterior
				boundaries of the property on which the source is or is proposed to be
				located.