N.M. Admin. Code § 20.2.72.207

Current through Register Vol. 35, No. 21, November 5, 2024

Section 20.2.72.207 - PERMIT DECISIONS AND APPEALS

A. The Department shall, within thirty (30) days after its receipt of an application for a permit or significant permit revision, review such application and determine whether it is administratively complete. If the application is deemed:

(1) administratively complete, a letter to that effect shall be sent by certified mail to the applicant.

(2) administratively incomplete, a letter shall be sent by certified mail to the applicant stating what additional information or points of clarification are necessary to deem the application administratively complete. Upon receipt of the additional information or clarification, the Department shall promptly review such information and determine whether the application is administratively complete.

(3) administratively complete but no permit is required, a letter shall be sent by certified mail to the applicant informing the applicant of the determination.

B. The Department shall either grant, grant subject to conditions or deny the permit or significant permit revision:

(1) within ninety (90) days after the Department deems the application administratively complete, if the application is not subject to the requirements of 20.2.74 NMAC (Prevention of Significant Deterioration); or

(2) within one hundred eighty (180) days after the Department deems the application administratively complete, if the application is subject to the requirements of 20.2.74 NMAC (Prevention of Significant Deterioration).

C. If the Department fails to take action on the application within the deadlines specified in Subsection B of 20.2.72.207 NMAC, the Department shall notify the applicant by certified mail that an extension of time is necessary to process the application and shall specify, in detail, the grounds for the extension. The Secretary may grant an extension, not to exceed ninety (90) days, to the deadlines specified in Subsection B of 20.2.72.207 NMAC, if the Secretary determines that good cause exists for the extension. The Secretary shall notify the applicant by certified mail of the decision on the extension. If the Secretary grants the extension, the notification shall include the length of the extension and the reasons therefore. The authority under this paragraph may be delegated by the Secretary only to the Deputy Secretary or a Division Director. Examples of good cause for extension include, but are not limited to:

(1) the need to have public hearings;

(2) a health assessment is required under 20.2.72.400 NMAC - 20.2.72.499 NMAC;

(3) the permit application is subject to the requirements of 20.2.79 NMAC (Permits - Nonattainment Areas);

(4) additional time is needed to complete the requirements for federal review specified in 20.2.74.403 NMAC;

(5) the permit application requires review of unusually complex technical and regulatory issues; or

(6) the Department is unable to complete review of information submitted, because of the timing and scope of the submittal.

D. The Department shall grant the permit, grant the permit subject to conditions, or deny the permit based on information contained in the Department's administrative record. The administrative record shall consist of the application, any other evidence submitted by the applicant, any evidence or written comments submitted by interested persons, any other evidence considered by the Department, a statement of matters officially noticed, and if a public hearing is held, the evidence submitted at the hearing. The applicant has the burden of demonstrating that a permit or permit revision should be approved.

E. Any person who participated in a permitting action before the Department shall be notified by the Department of the action taken and the reasons for the action. Notification of the applicant shall be by certified mail.

F. Any person who participated in a permitting action before the Department and who is adversely affected by such permitting action may file a petition for hearing before the board. The petition shall be made in writing to the board within thirty (30) days from the date notice is given of the Department's action and shall specify the portions of the permitting action to which the petitioner objects, certify that a copy of the petition has been mailed or hand-delivered as required by this paragraph, and attach a copy of the permitting action for which review is sought. Unless a timely request for hearing is made, the decision of the Department shall be final. The petition shall be copied simultaneously to the Department upon receipt of the appeal notice. If the petitioner is not the applicant or permittee, the petitioner shall mail or hand-deliver a copy of the petition to the applicant or permittee. The Department shall certify the administrative record to the board.

G. If a timely request for a hearing is made, the board shall hold a hearing within sixty (60) days of receipt of the petition in accordance with Section 74-2-7 of the New Mexico Air Quality Control Act, NMSA 1978.

H. Any person adversely affected by an administrative action taken by the board may appeal in accordance with Section 74-2-9 of the New Mexico Air Quality Control Act, NMSA 1978.

N.M. Admin. Code § 20.2.72.207

11/30/95; A, 01/07/98; A, 01/01/00