New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 72 - CONSTRUCTION PERMITS › Section 20.2.72.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the terms defined in 20.2.2 NMAC (Definitions)
				  as used in this Part:
A. "Accelerated
				review" means an optional process of permit application review that allows the
				Department to utilize a qualified outside firm to assist in review of a
				construction permit application.
B.
				"Affiliate," for the purposes of accelerated review, means a person that
				directly or indirectly, through one or more intermediaries, controls or is
				under common control with another person. Control includes the possession of
				the power to direct or cause the direction of management and policies of a
				person, whether directly or indirectly through the ownership, control or
				holding with the power to vote ten percent or more of the person's voting
				securities.
C. "Air pollution
				control equipment" means any device, equipment, process or combination thereof
				the operation of which would limit, capture, reduce, confine, or otherwise
				control air contaminants or convert for the purposes of control any air
				contaminant to another form, another chemical or another physical
				state.
D. "Ambient air" means the
				outdoor atmosphere, but does not include the area entirely within the
				boundaries of the industrial or manufacturing property within which the air
				contaminants are or may be emitted and public access is restricted within such
				boundaries.
E. "Coal mining
				operation" means the business of developing, producing, preparing or loading
				bituminous coal, subbituminous coal, anthracite, or lignite, or of reclaiming
				the areas upon which such activities occur. This definition does not include
				coal preparation plants.
F. "Coal
				preparation plant" means any facility which prepares coal by one or more of the
				following processes: breaking, crushing, screening, wet or dry cleaning, and
				thermal drying.
G. "Commencement"
				means that an owner or operator has undertaken a continuous program of
				construction or modification.
H.
				"Conflict of interest," for the purposes of accelerated review, means any
				direct or indirect relationship between the qualified outside firm and the
				applicant or other interested person that would cause a reasonable person with
				knowledge of the relevant facts to question the integrity or impartiality of
				the qualified outside firm in review of the application. A conflict of interest
				does not include any gifts, gratuities, financial or contractual relationship
				of less than one hundred dollars ($100) in value for the twelve month period
				preceding Department receipt of the application. A conflict of interest
				includes but is not limited to the following examples:
(1) Gifts or gratuities of value have been
				exchanged between the qualified outside firm and the applicant.
(2) The qualified outside firm has provided
				goods or services to the applicant within one year prior to the start, or
				during the term, of the accelerated review process.
(3) An express or implied contractual
				relationship exists between the qualified outside firm and the applicant and
				the qualified outside firm has provided goods or services to the applicant
				through that relationship within five years prior to the start of the
				accelerated review process.
(4)
				There is a current financial relationship between the qualified outside firm
				and the applicant. Current financial relationships include, but are not limited
				to:
(a) The qualified outside firm owes
				anything of value to, or is owed anything of value by the applicant.
(b) The qualified outside firm has provided
				goods or services to the applicant and has issued a warranty or guarantee for
				the work that is still in effect during the time the contracted work for
				accelerated review is being performed.
(5) A director, officer, or employee of the
				qualified outside firm, who will perform services under a contract pursuant to
				this section (20.2.72.221 NMAC), has one or more personal, business, or
				financial interests or relationships with the applicant or any director,
				officer or employee of the applicant which would cause a reasonable person with
				knowledge of the relevant facts to question the integrity or impartiality of
				those who are or will be acting under a contract.
(6) A director, officer or employee of the
				qualified outside firm was a director, officer or employee of the applicant
				within one year prior to the start of the accelerated review process.
(7) Except where allowed by the Department,
				communication has been made between the qualified outside firm and the
				applicant regarding the substance of the application before a qualified outside
				firm has been selected to perform accelerated review of an application. Direct
				communication between the qualified outside firm and the applicant may take
				place once the qualified outside firm has been selected by the Department.
(8) Any affiliate of the applicant
				has any of the above identified relationships with the qualified outside firm.
(9) Any affiliate of the qualified
				outside firm has any of the above identified relationships with the
				applicant.
(10) Any affiliate of
				the applicant has any of the above identified relationships with any affiliate
				of the qualified outside firm.