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New Mexico Air Quality Permit - Accelerated Construction Permit Review (15-NM-b)

The developer may choose to request accelerated review of their Air Quality Construction Permit Application by an outside firm. NMAC 20.2.72.221(B)(1). The New Mexico Environment Department (NMED) will permit accelerated review of an application only if there is at least one qualified outside firm under contract with NMED. If there are no firms under contract to provide accelerated review, then NMED must review the application without outside assistance. NMAC 20.2.72.221(B)(1).


Air Quality Permit - Accelerated Construction Permit Review Process

15-NM-b.1 – Request for Accelerated Review and Air Quality Construction Permit Application

The developer must submit the request for accelerated review along with an Air Quality Construction Permit Application and a corporate check or money order for the amount of the accelerated review filing fee. NMAC 20.2.72.221(B)(2).

15-NM-b.2 – Statement of Interest in Review of Application

Qualified outside firms under contract with NMED which are interested in performing the accelerated review on a specific application must submit the following:

  • Statement of interest;
  • Statement of qualifications for the specific application;
  • An estimate of the cost and schedule for the review; and
  • A notarized affidavit attesting that no conflict of interest exists on the specific permit application. NMAC 20.2.72.221(B)(5).

15-NM-b.3 – Review Outside Firm Submittals

NMED must review the submittals and determine which firms qualify to review a specific application.

15-NM-b.4 – Written Summary of Qualified Submittals and Anticipated Schedule for Accelerated Review

NMED must provide the developer with a written summary of the qualified submittals showing the costs to the developer and the anticipated schedule for application review, permit development, and permit issuance. NMAC 20.2.72.221(B)(8).

15-NM-b.5 – Is One of the Bids Acceptable?

The developer will review all qualified submittals and determine whether one is acceptable. The developer will have the opportunity to accept one bid, or withdraw their request for accelerated review of the application. NMAC 20.2.72.221(B)(9).

15-NM-b.6 to 15-NM-b.7 – Withdrawal of Request for Accelerated Review

If the developer does not approve of the available outside firm bids, then they must file a Withdrawal of Request for Accelerated Review with NMED. The developer will then be required to comply with ordinary permitting requirements including full NMED review of the application. NMAC 20.2.72.221(B)(9)(a).

Air Quality Construction Permit:
15-NM-a

15-NM-b.8 – Recommendation to Accept an Accelerated Review Bid

The developer is required to submit a written recommendation to accept one of the accelerated bids within 5 working days of receipt of NMED’s bid summary. The written recommendation should include a corporate check or money order payable to NMED for the amount of the accelerated review bid and a notarized affidavit attesting that no conflict of interest exists on the specific permit application. NMAC 20.2.72.221(B)(9)(a).

15-NM-b.9 – Conduct Review of Application Materials

The Outside Firm will begin review of the developer’s application materials once their bid has been accepted.

15-NM-b.10 – Submit all Review Materials

Following review, the Outside Firm must provide NMED with all documentation, including but not limited to all communications, notes, and drafts, pertaining to the permit application. NMAC 20.2.72.221(D)(1).

15-NM-b.11 to 15-NM-b.13 – Does NMED Approve the Application?

NMED must review the materials provided by the Outside Firm and must issue a permit or deny the permit application. The Outside Firm’s analysis is not binding on NMED. NMED has full authority to accept or reject the Outside Firm’s analysis regarding the permit application. NMAC 20.2.72.221(D)(2). NMED will not issue a final permit until all required fees have been paid by the developer.




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