New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 72 - CONSTRUCTION PERMITS › Section 20.2.72.206 - PUBLIC NOTICE AND PARTICIPATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The Department shall:
(1) Make available for public inspection a
				list of all pending applications for permits or permit revisions;
(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 of any permit
				application, except those portions of which may be determined as confidential
				in accordance with 20.2.1 NMAC (General Provisions), will be supplied upon
				written request and payment of reasonable costs;
(3) Subsequent to an affirmative
				administrative completeness determination, publish a public notice in a
				newspaper of general circulation in the area closest to the location of the
				source. The notice shall include: the applicant's name and address, the
				location and brief description of the source, a summary of estimated emissions
				and ambient impact, and the Department's preliminary intent to 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 of the permit application and 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 of their interest in the permit application in order
				to have a 30 day period to review and comment on the analysis under Subsection
				B of 20.2.72.206 NMAC below. 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 thus forewarn such person of the need to express interest in
				writing if they desire to review and comment on the analysis;
(4) Provide the notice under Paragraph 3 of
				Subsection A of 20.2.72.206 NMAC above by mail, which may include electronic
				mail, to all individuals and organizations identified on a list maintained by
				the Department of those who have indicated in writing a desire to receive
				notices of all applications under this Part;
(5) Allow all interested persons thirty (30)
				days from the date the public notice is published to express an interest in
				writing in the permit application;
(6) Mail written notice of the action taken
				on a permit application to any person who expresses an interest in writing in
				the application; and
(7) Mail a
				copy of the public notice at the same time it is sent for publication to the
				appropriate agency in the following locations if the source will locate within
				fifty kilometers of the boundary of other states, Bernalillo County, or a Class
				I area. Copies of all public notices shall be sent to US EPA Region VI, if
				requested by US EPA.