New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 41 - CONSTRUCTION PERMITS › Section 20.11.41.31 - GENERAL CONSTRUCTION PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. General construction permits: General
				construction permits are issued to groups of sources that have similar
				operations, processes and emissions, are subject to the same or substantially
				similar requirements and have general construction permit forms that were
				approved by the department following the process described in Subsections B or
				C of 20.11.41.31 NMAC. A source that is required to obtain a permit pursuant to
				20.11.41 NMAC but does not qualify for a general construction permit shall
				obtain a construction permit as required by 20.11.41.13 NMAC. A general
				construction permit shall not be issued for a major modification or a major
				stationary source as defined in either 20.11.60 NMAC,
Permitting in
				Nonattainment Areas
, or 20.11.61 NMAC,
Prevention of
				Significant Deterioration
, or for a major source as defined in
				20.11.42 NMAC,
Operating Permits
.
B. Approval of general construction permit
				form and revised general construction permit form:
(1) The department shall provide notice of a
				proposed general construction permit form or revised general construction
				permit form (hereafter, "general construction form") by publication in the
				newspaper with the largest general circulation in Bernalillo county. The notice
				shall:
(a) provide a description of the
				groups of sources with similar operations, processes and emissions that are
				subject to the same or substantially similar requirements and would be able to
				use the proposed form within Bernalillo county to apply for an air quality
				permit if the form is approved;
(b)
				state the reason the department proposes approval of the general construction
				permit form;
(c) specify the
				notification period that the applicant will be required to provide to the
				public if the proposed form is approved by the department; and stipulate that
				an applicant shall use the form to apply for a permit; and public notice
				requirements that shall be met by the source as required by the 'general
				construction form' shall include at a minimum:
(i) provide public notice by certified mail
				or electronic mail to the designated representative(s) of the recognized
				neighborhood associations and recognized coalitions, as shown in the most
				current records of the city of Albuquerque office of neighborhood coordination
				and the Bernalillo County zoning, building and planning department, within
				one-half mile of the exterior boundaries of the property on which the source is
				or is proposed to be located; the applicant may submit a written request to the
				department proposing an alternative approach to providing public notice if the
				proposed source or modification is located at a site with large property
				boundaries or campus-like facilities; the applicant shall obtain prior written
				approval from the department for any alternative approach to provide public
				notice; the public notice shall include all the information required by
				Subsection C of 20.11.41.13 NMAC; and
(ii) prior to submitting the application,
				post and maintain a weather-proof sign provided by the department, posted at
				the more visible of either the proposed or existing facility entrance or
				another location on the property that is accessible to the public, if approved
				in advance and in writing by the department; the applicant shall list on the
				sign all information required by Subsection C of 20.11.41.13 NMAC; the
				applicant shall keep the sign posted until the department takes final action on
				the permit application; if an applicant can establish to the department's
				satisfaction that the applicant is prohibited by law from posting at either
				location required by Paragraph (2) of Subsection B of 20.11.41.13 NMAC, the
				department may waive the posting requirement and may impose different
				notification requirements;
(d) provide a brief summary of the procedure
				that will be followed if an individual application is submitted on the proposed
				form;
(e) describe the location
				where the proposed general construction permit form may be obtained;
(f) state that the public has 30 days to
				submit written comments and evidence to the department regarding the proposed
				general construction permit form; and
(g) state 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.