N.M. Code R. § 20.11.60.23 Additional Requirements For Sources Impacting Mandatory Federal Class I Areas

• Library: New Mexico Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 34, No. 24, December 19, 2023
• Citation: N.M. Code R. § 20.11.60.23
• Year: 2023

A. The requirements of 20.11.60.23 NMAC apply only to proposed major stationary sources or major modifications that meet the criteria of Paragraph (1) of Subsection A of 20.11.60.12 NMAC and that also are major stationary sources or major modifications as defined in 20.11.61 NMAC. A major stationary source or major modification which meets the criteria of Paragraph (2) of Subsection A of 20.11.60.12 NMAC may be subject to requirements for federal class I areas in 20.11.61 NMAC, if applicable.

B. The department shall transmit to the administrator and any affected federal land manager a copy of each permit application and any information relevant to any proposed major stationary source or major modification which may have an impact on visibility in any mandatory federal class I area. Relevant information will include an analysis of the proposed source's anticipated impacts on visibility in the federal class I area. The application shall be transmitted within 30 days of receipt by the department and at least 60 days prior to any public hearing on the application. Additionally, the department shall notify any affected federal land manager within 30 days from the date the department receives a request for a pre-application meeting from a proposed source subject to 20.11.60 NMAC. The department shall consult with the affected federal land manager prior to making a determination of completeness for any such permit application. The department shall also provide the federal land manager and the administrator with a copy of the preliminary determination on the permit application and shall make available to them any materials used in making that determination.

C. The owner or operator of any proposed major stationary source or major modification which may have an impact on visibility in a mandatory federal class I area shall include in the permit application an analysis of the anticipated impacts on visibility in such areas.

D. The department may require monitoring of visibility in any mandatory federal class I area where the department determines an adverse impact on visibility may occur due to the operations of the proposed new source or modification. Such monitoring shall be conducted following procedures approved by the department and subject to the following conditions:

(1) visibility monitoring methods specified by the department...