RAPID/Roadmap/15-NM-a

< RAPID‎ | Roadmap
Jump to: navigation, search

RAPID

Regulatory and Permitting Information Desktop Toolkit

New Mexico Air Quality Permit - Construction Permit (15-NM-a)

This flowchart illustrates the process for obtaining an Air Quality Construction Permit. The New Mexico Environment Department (NMED) oversees the permitting process in New Mexico under NMAC 20.2.72.200. The developer is required to obtain an Air Quality Construction Permit before beginning construction.

The developer must obtain an Air Quality Construction Permit from NMED if:

  • Constructing a stationary source which has a potential emission rate greater than 10 pounds per hour or 25 tons per year of any regulated air contaminant for which there is a National or New Mexico Ambient Air Quality Standard;
  • Modifying a stationary source when all of the pollutant emitting activities at the entire facility, either prior to or following the modification, emit a regulated air contaminant for which there is a National or New Mexico Ambient Air Quality Standard with a potential emission rate greater than 10 pounds per hour or 25 tons per year and the regulated air contaminant is emitted as a result of the modification;
  • Constructing or modifying any source or installing any equipment which is subject to NMAC 20.2.77 (New Source Performance Standards), NMAC 20.2.78 (Emission Standards for Hazardous Air Pollutants), or any other New Mexico Air Quality Control Regulation which contains emission limitations for any regulated air contaminant;
  • The project will involve toxic air pollutants outlined in NMAC 20.2.72.400 to 20.2.72.499;
  • Constructing a stationary source which has a potential emission rate for lead greater than 5 tons per year or modifying a stationary source which either prior to or following the modification has a potential emission rate for lead greater than 5 tons per year; or
  • The sources are major sources of hazardous air pollutants by the definitions in NMAC 20.2.83 (Construction or Modification of Major Sources of Hazardous Air Pollutants). NMAC 20.2.72.200.


Air Quality Permit - Construction Permit Process

15-NM-a.1 – Request Pre-Application Meeting, if Necessary

If the developer is unfamiliar with the air permitting process, the NMED suggests requesting a pre-application meeting. The NMED will assist the developer with the permitting process and provide detailed information about procedures at the pre-application meeting.

15-NM-a.2 to 15-NM-a.3 – Is the Source Outside of those Activities Requiring an Air Quality Permit?

The developer may exclude the following sources and activities from the permit application:

  • Activities which occur strictly for maintenance of grounds or buildings, including: lawn care, pest control, grinding, cutting, welding, painting, woodworking, sweeping, general repairs, janitorial activities, and building roofing operations;
  • Activities for maintenance of equipment or pollution control equipment, either inside or outside of a building, including cutting, welding, and grinding, but excluding painting;
  • Exhaust emissions from forklifts, courier vehicles, front end loaders, graders, carts, maintenance trucks, and fugitive emissions from fleet vehicle refueling operations, provided such emissions are not subject to any requirements under this chapter, NSPS or NESHAP;
  • Office activities, such as photocopying;
  • Test drilling for characterization of underground storage tank and waste disposal sites;
  • Non-anthropogenic wind-blown dust;
  • Gases used to calibrate plant instrumentation, including continuous emission monitoring (CEM) systems;
  • Use of portable aerospace ground equipment (such as power generators, compressors, heaters, air conditioners, lighting units) in direct support of aircraft operations and on or in the immediate vicinity of an airfield;
  • Activities which occur strictly for preventative maintenance of highway bridges, displays and water towers, including: grinding, cutting, welding, painting, and general repairs;
  • The act of repositioning or relocating equipment, pipes, ductwork, or conveyors within the plant site, but only when such change in physical configuration does not:
  1. Reposition or relocate any source of air emissions or the emission points from any such source; or
  2. Increase the amount of air emissions or the ambient impacts of such emissions. NMAC 20.2.72.202(A).

15-NM-a.4 to 15-NM-a.5 - Does the Developer Seek Accelerated Review?

The developer may choose to seek accelerated review of their application materials with an approved outside firm. NMED will have complete discretion with respect to accelerated review of Air Quality Permit applications, including determining the appropriate outside firm.

15-NM-a.6 – Air Quality Construction Permit Application

All applications must:

  • Be filled out on the forms furnished by the NMED in the Air Quality Universal Application;
  • State the developer’s name and address, together with the names and addresses of all owners or operators of the source, and the developer’s state of incorporation or principal registration to do business;
  • Provide all information, including all calculations and computations, to describe the specific chemical and physical nature and to estimate the maximum quantities of any regulated air contaminants the source will emit through routine operations after construction, modification or installation is completed, and estimate maximum potential emissions during malfunction, startup, shutdown;
  • Contain a regulatory compliance discussion demonstrating compliance with each applicable air quality regulation, ambient air quality standard, prevention of significant deterioration increment, and provision of NMAC 20.2.72.400-20.2.72.499;
  • Provide a preliminary operational plan defining the measures to be taken to mitigate source emissions during malfunction, startup or shutdown;
  • Include a topographical map, at least as detailed as the 7.5 minute Topographic Quadrangle map published by the United States Geological Survey, showing the exact location and geographical coordinates of the proposed construction, modification or installation of the source;
  • Include a process flow sheet, including a material balance, and a site diagram of all components and locations of emissions to the atmosphere of the facility which would be involved in routine operations and emissions;
  • Include a full description, including all calculations of controlled and uncontrolled emissions and the basis for all control efficiencies presented, of the equipment to be used for air pollution control, including a process flow sheet, or if NMED so requires, layout and assembly drawings;
  • Include a description of the equipment or methods proposed by the developer to be used for emission measurement;
  • State the maximum and standard operating schedules of the source after completion of construction, modification or installation or after permit revision in terms of which and how many hours per day, days per week, days per month and days per year;
  • Contain such other specifically identified relevant information as NMED may reasonably require;
  • Be notarized and signed under oath or affirmation by the operator, the owner or an authorized representative, certifying, to the best of his or her knowledge, the truth of all information in the application and addenda;
  • Contain payment of any fees which are specified in NMAC 20.2.75 as applicable at the time the application is submitted;
  • Contain documentary proof of the developer’s public notice, if applicable, as specified in NMAC Subsection B of 20.2.72.219; and
  • At the sole discretion of the developer, contain a request for accelerated review of the application.

15-NM-a.7 – Make Application Available for Public Review

NMED must make the application available for public inspection. The application materials must be available both NMED’s central office and the district or field office nearest to the proposed source. Copies of the permit application, except portions determined to be confidential, will be supplied upon written request and payment of reasonable costs. NMAC 20.2.72.206(A)(2).

15-NM-a.8 – Publish Notice of Application and Post Public Notice Signs

The developer must provide public notice for a permit in the following forms:

  • Certified mail to the owners of record of all properties:
  1. Within 100 feet of the property on which the facility is located or proposed to be located, if the facility is to be located in a Class A or Class H county or a municipality with a population of more than 2,500 people; or
  2. Within one-half mile of the property on which the facility is located or is proposed to be located if the facility is or will be in a county or municipality other than those specified above.
  • Certified mail to all municipalities and counties in which the facility is or will be located and to all municipalities, Indian tribes, and counties within a 10 mile radius of the property on which the facility is to be located.
  • Publishing once in a newspaper of general circulation in each county in which the property on which the facility will be located. Published notice must appear in either the classified or legal advertisements section of the newspaper and at one other place in the newspaper calculated to give the general public the most effective notice.
  • Posting in at least four publicly accessible and conspicuous places.
  • Submitting as a public service announcement to at least one radio or television station which serves the municipality or county in which the source is or is proposed to be located. NMAC 20.2.72.203(B).

In addition, the developer must post public notice signs in at least four publicly accessible and conspicuous places, including:

  • The proposed or existing facility entrance on the property on which the facility is to be located, until the permit is issued; and
  • Three locations commonly frequented by the general public, such as a nearby post office, public library, or city hall. NMAC 20.2.72.203(B)(4).

The public notice required above must include the following:

  • The developer’s name and address, together with the names and addresses of all owners and operators of the facility;
  • The actual or estimated date that the application was or will be submitted to NMED;
  • The exact location of the facility or proposed facility;
  • A description of the process or change for which a permit is sought, including an estimate of the maximum quantities of any regulated air contaminant the source will emit after proposed construction is complete or permit is issued;
  • The maximum standard operating schedules of the facility after completion of proposed construction or permit issuance; and
  • The current address of NMED to which comments and inquiries may be directed. NMAC 20.2.72.203(C).

15-NM-a.9 – Certifications of Compliance with Notice Requirements

The developer is required to provide NMED with certifications indicating that notice requirements were followed. NMED provides forms that must be filled out by the developer.

Guidelines for Public Notification for Air Quality Permit Applications

15-NM-a.9 to 15-NM-a.12 – Review Application Materials for Completeness

NMED must review the application and determine whether it is administratively complete within 30 days after receiving the application.

If the NMED determines the application is administratively complete, then NMED will notify the developer through certified mail. The developer will receive a letter sent by certified mail from NMED stating what additional information or points of clarification are necessary to deem the application administratively complete. NMED may send the developer a certified letter indicating that a permit is not necessary after review. NMAC 20.2.72.207(A).

NMED must, within 30 days after receiving an application, review the application and determine whether it is administratively complete.

15-NM-a.13 – Provide Public Notice of Completed Application

NMED must publish public notice in a newspaper of general circulation in the area closest to the location of the source after determining that the application is administratively complete. NMAC 20.2.72.206(A)(3).

The notice must include the following:

  • The developer’s name and address;
  • The location and a brief description of the source;
  • A summary of the estimated emissions and ambient impact; and
  • NMED’s preliminary intent to issue the permit if the construction requested in the application will comply with air quality requirements, including ambient standards. NMAC 20.2.72.206(A)(3).

15-NM-a.14 to 15-NM-a.15 – Has a Comment Period been Requested?

Any person may submit an expression of interest for the permit application. If NMED receives an expression of interest, then they must:

  • Notify each person who expressed an interest in writing in the permit application of the date and the location that NMED’s Analysis was or will be available for review; and
  • Not issue the permit until at least 30 days after the analysis is available for review. During this 30 day period, any person may submit written public comments or request a public hearing. NMAC 20.2.72.206(B).

15-NM-a.16 – Provide Public Notice of Preliminary Decision

NMED is required to provide public notice of their preliminary decision to issue a permit. The public notice must include:

  • The developer’s name and address;
  • The location and a brief description of the source;
  • A summary of estimated emissions and ambient impact; and
  • The NMED’s preliminary intent to issue the permit if the construction requested in the application will comply with air quality requirements, including ambient standards. NMAC 20.2.72.206(A)(3).

15-NM-a.17 – Make Preliminary Decision Available for Public Review

NMED must make their preliminary determination available for public inspection. The decision must be available both at NMED’s central office and the district or field office nearest to the proposed source. NMAC 20.2.71.206(A)(2).

15-NM-a.18 to 15-NM-a.19 – Has a Comment Period Been Requested?

Any person may submit an expression of interest for the permit application. If NMED receives an expression of interest, then they must:

  • Notify each person who expressed an interest in writing in the permit application of the date and the location that NMED’s Analysis was or will be available for review; and
  • Not issue the permit until at least 30 days after the analysis is available for review. During this 30 day period, any person may submit written public comments or request a public hearing. NMAC 20.2.72.206(B).

15-NM-a.20 to 15-NM-a.22 – Is a Public Hearing Necessary?

NMED must hold a public hearing if there is significant public interest. The public hearing must be held in the geographic area likely to be impacted by the source. NMED must give notice of the hearing to the developer and the public. At the hearing, all interested persons must be given a reasonable chance to submit data, views or arguments orally or in writing and to examine witnesses testifying at the hearing. NMAC 20.2.72.206(C).

15-NM-a.23 to 15-NM-a.24 – Does NMED Approve the Application?

NMED must deny any application for a permit if considering emissions after controls:

  • It appears that the construction, modification or permit revision will not meet applicable regulations adopted pursuant to the Air Quality Control Act;
  • The source will emit a hazardous air pollutant or an air contaminant in excess of any applicable New Source Performance Standard or Natural Emission Standard for Hazardous Air Pollutants or a regulation of the board;
  • For toxic air pollutants;
  • The construction will cause or contribute to ambient concentrations in excess of a Prevention of Significant Deterioration (PSD) increment;
  • Any provision of the Air Quality Control Act will be violated; or
  • It appears that the construction of the new source will not be completed within a reasonable time.

15-NM-a.25 – Air Quality Construction Permit

NMED may grant the permit based on the information contained in NMED’s administrative record. The administrative record must consist of the application, any other evidence submitted by the developer, any evidence or written comments submitted by interested persons, any other evidence considered by NMED, a statement of matters officially noticed, and if a public hearing is held, the evidence submitted at the hearing. Any person may submit an expression of interest for the permit application. If NMED receives an expression of interest, then they must:

  • Notify each person who expressed an interest in writing in the permit application of the date and the location that NMED’s Analysis was or will be available for review; and
  • Not issue the permit until at least 30 days after the analysis is available for review. During this 30 day period, any person may submit written public comments or request a public hearing. NMAC 20.2.72.207(D).

15-NM-a.26 – Conduct Operational Testing, if Necessary

The developer may be required, within 60 days after achieving the maximum production rate at which the source will be operated but not later than 180 days after initial startup of the source, to conduct a performance test. NMAC 20.2.72.213.

15-NM-a.27 to 15-NM-a.29 - Does the Source Require a Title V Operating Permit?

A Title V permit is required under NMAC 20.2.70 for sources that have a potential to emit more than 100 tons per year for criteria pollutants and for landfills greater than 2.5 million cubic meters. In addition, any source that has the potential to emit greater than ten tons per year of a single Hazardous Air Pollutant (HAP) or 25 tons per year of any combination of HAPs are required to obtain a Title V permit. Except for certain “grandfathered” sources, Title V sources must also have a Construction Permit prior to constructing or modifying the source.

The developer must submit a Title V application within 12 months after the source commences operations as a Title V source.

Air Quality Operating Permit:
15-NM-b




Contact Information

| Add a Contact


Regulations


References

| Add a Reference


Print PDF