New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 72 - CONSTRUCTION PERMITS › Section 20.2.72.405 - PERMIT DECISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In making its decisions, the Department shall consider
				  emissions after control.
A. Ambient
				concentrations not exceeding one one-hundredth of the OEL or the minimum
				detection level for compounds without an OEL: If the Department finds that the
				eight-hour average concentration of the toxic air pollutant in the ambient air
				does not exceed one one-hundredth of the OEL, or for compounds without an OEL,
				the minimum detection levels as shown in 20.2.72.502 NMAC, the Department shall
				grant the permit. The administrative screening level of one one-hundredth the
				OEL and the OEL shall not be a basis for denying a permit and shall not
				constitute an ambient air quality standard.
B. Ambient concentrations exceeding one
				one-hundredth of the OEL or the minimum detection level for compounds without
				an OEL for substances identified as known or suspected human carcinogens in
				20.2.72.502 NMAC: If the toxic air pollutant being considered is identified as
				a known or suspected carcinogen in 20.2.72.502 NMAC, Table B, and the
				Department finds the eight-hour concentration of the toxic air pollutant in the
				ambient air exceeds one one-hundredth of the OEL, or for compounds without an
				OEL, the minimum detection level, the Department shall grant the permit if the
				applicant implements the best available control technology to control that
				pollutant.
C. Ambient
				concentrations exceeding one one-hundredth of the OEL for substances not
				identified as carcinogens in 20.2.72.502 NMAC:
(1) If the applicant has been required to
				prepare a health assessment under Subsection B of 20.2.72.403 NMAC, the
				Department shall prepare a Summary Review Statement (SRS) which indicates the
				Department's opinion of the adequacy of the applicant's health assessment. The
				SRS will include a summary recommendation on whether the issuance of a permit
				will or will not with reasonable probability injure human health.
(2) If the applicant does not agree with the
				recommendation contained in the SRS, the applicant's assessment and the SRS
				will be provided to the Air Toxics Scientific Advisory Committee (ATSAC). The
				ATSAC will be composed of five members appointed by the Secretary. They will
				include physicians, toxicologists, industrial hygienists, or others
				knowledgeable of the potential health and environmental effects of air
				pollution. The committee will include at least one member nominated by the
				applicant. The ATSAC will review the applicant's assessment and the SRS in a
				public meeting. The ATSAC shall provide a letter to the Secretary stating:
(1) whether the submitted documents provide a
				scientifically adequate basis to determine whether the proposed source will
				with reasonable probability injure human health and
(2) if the documents do provide an adequate basis,
				whether the proposed source will with reasonable probability injure human
				health. If the documents are scientifically inadequate, the ATSAC shall return
				them to the Department and indicate their inadequacies.
(3) The Department will make a final decision
				on the issuance of the permit after consideration of the following factors:
(a) The nature of the toxic air pollutant and
				the size, susceptibility, and proximity of the human population;
(b) The pathways of human exposure (e.g.,
				ingestion, inhalation, skin absorption);
(c) The short term and long term health
				effects associated with the toxic air pollutant at levels of exposure
				commensurate with the anticipated exposure level;
(d) Existing epidemiological data on health
				effects associated with the anticipated levels of exposure;
(e) The character of the land use of the
				predicted area of impact (e.g., residential, industrial, and recreational);
				and
(f) The scientific adequacy of
				the health and environmental assessment submitted by the applicant and the
				recommendation of the ATSAC. The Department shall not rely on the OEL or on the
				administrative screening level of one one-hundredth the OEL, and it shall not
				be bound by prior permit decisions when considering pending
				applications.
(4) The
				Department shall deny any application for a permit evaluated under Subsection C
				of 20.2.72.405 NMAC if the source will emit a toxic air pollutant in such
				quantities and duration as may with reasonable probability injure human
				health.