New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 41 - CONSTRUCTION PERMITS › Section 20.11.41.24 - EMERGENCY PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				department may issue an emergency permit when the director determines an
				emergency situation exists that threatens public health, safety or welfare, and
				that a source subject to 20.11.41 NMAC should be immediately constructed,
				modified or relocated in order to mitigate, prevent or remedy the
				emergency.
B. In order to ensure
				that the public emergency is not worsened by excess emissions or inadequate air
				pollution control equipment, the department shall verify that the source, when
				operating in accordance with the permit to be issued, can and will meet all
				applicable standards, emission limitations and conditions before the department
				authorizes startup.
C. If the
				department makes an affirmative administrative completeness determination
				regarding a request for an emergency permit and the department decides to issue
				the emergency permit, then the department shall:
(1) make the request for an emergency permit,
				the issued emergency permit and all supporting documents available for public
				inspection at the department's air quality division office at One Civic Plaza
				NW, Albuquerque, New Mexico 87102;
(2) publish public notice in the newspaper
				with the largest general circulation in Bernalillo county; the notice shall
				state:
(a) the applicant's name and address,
				the proposed or existing location, a brief description of the source, a brief
				summary of proposed emissions and ambient air quality impacts as determined by
				air dispersion modeling if required by the department, the department's
				approval of the request for an emergency permit and that the department has
				issued the emergency permit;
(b)
				the location where the request for the emergency permit, the emergency permit
				and the department's analysis are available for public review;
(c) that the public has 30 days to submit
				written comment and evidence to the department regarding the emergency permit,
				the deadline for submitting written comments and evidence; and
(d) 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;
(3) provide the notice required by
				Paragraph (2) of Subsection C of 20.11.41.24 NMAC by regular mail or electronic
				mail to all individuals and organizations identified on a list maintained by
				the department of persons who within the previous 12 months have delivered to
				the department a written request for notice of all applications filed pursuant
				to 20.11.41 NMAC;
(4) provide a
				copy of the public notice required by Paragraph (2) of Subsection C of
				20.11.41.24 NMAC 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; and
(5) 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 emergency permit.