N.M. Code R. § 20.11.41.17 Basis For Permit Denial

• Library: New Mexico Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 34, No. 24, December 19, 2023
• Citation: N.M. Code R. § 20.11.41.17
• Year: 2023

After the department has deemed a permit application administratively complete, the department may deny the application if:

A. the department determines the proposed construction, modification or technical revision will not meet an applicable standard, rule, regulation, provision or requirement of the federal act, the state act or a board regulation;

B. the department determines the source will cause or contribute to air contaminant levels in excess of a national or New Mexico ambient air quality standard;

C. the source will emit a hazardous air pollutant for which no NESHAP applies, if the HAP is emitted in a quantity and duration that may cause imminent danger to public health;

D. the department determines the construction, modification or technical revision would cause or contribute to ambient concentrations in excess of a prevention of significant deterioration (PSD) increment;

E. the department concludes that construction of a proposed new or modified source cannot or will not be completed within a reasonable time as determined by the department;

F. the department determines a conflict of interest existed or exists regarding an application that was submitted during accelerated review, as authorized by 20.11.41.32 NMAC;

G. the emission data that was submitted by the applicant as part of the application is not acceptable to the department for technical reasons;

H. the estimated emissions of air contaminants submitted by the applicant have not been appropriately identified or quantified;

I. the issuance of a permit, permit modification or technical revision will not be consistent with achieving progress toward attainment of the state ambient air quality standard that is being exceeded; or

J. the department has delivered three written notices requiring the applicant to provide specified...