N.M. Code R. § 20.11.41.16 Permit Decision and Air Board Hearing On the Merits

• Library: New Mexico Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 34, No. 24, December 19, 2023
• Citation: N.M. Code R. § 20.11.41.16
• Year: 2023

A. Within 30 days after the department has received an application for a new permit or permit modification, the department shall review the application and determine whether it is administratively complete.

(1) If the application is deemed administratively complete, the department shall send a letter by certified mail or electronic mail to the applicant stating the department's determination.

(2) If the application is deemed administratively incomplete or the department determines a different type of permit application is required, the department shall send a letter by certified mail or electronic mail to the applicant stating what additional information or fees are necessary before the department can deem the application administratively complete. The department may require information that is necessary to perform a thorough review of the application including technical clarifications, emission calculations, emission factor usage additional application review fees if any are required by 20.11.2 NMAC and new or additional air dispersion modeling. The letter shall state a reasonable deadline for the applicant to deliver the information, fees or air dispersion modeling. The applicant shall deliver the requested information, fees or air dispersion modeling by the deadline set by the department. The department may extend the deadline for good cause as determined by the department. If the department does not receive the additional information, fees or modeling by the deadline, the department may deny the application. If the department has ruled an application administratively incomplete three times, the department shall deny the permit application and send a letter by certified mail or electronic mail to the applicant stating that the permit application has been denied. Fees submitted for processing an application that has been denied shall not be refunded. If the department has denied the application, the applicant may submit a new application and the fee required for a new application.

(3) If the department determines the application is administratively complete but no permit is required, the department shall send a letter by certified mail or electronic mail to the applicant informing the applicant of the determination.

B. Within 90 days after the department has deemed the application administratively...