Replacement Part 41 Replacement Part 41 ImplementationImplementation

November 20, 2013November 20, 2013

Construction Permitting Construction Permitting OverviewOverview

Every stationary source subject Every stationary source subject to 20.11.41 NMAC shall obtain to 20.11.41 NMAC shall obtain an air quality construction permit an air quality construction permit before:before: Commencing construction of a new Commencing construction of a new

stationary sourcestationary source Operating a stationary source that has Operating a stationary source that has

no active construction permitno active construction permit Modification of a stationary sourceModification of a stationary source Revision of a stationary sourceRevision of a stationary source

Permitting Terms

Permit In this situation, a permit refers to a Construction permit

Construction permit The permit a business requires before they can begin construction or

operation of a stationary source What is the purpose of these permits?

To prevent the construction of sources that would interfere with attainment of National Ambient Air Quality Standards

Stationary Source Any building, structure, facility or installation, which is either

permanent or temporary, excluding a private residence, that emits or may emit any regulated air pollutant

Regulated Air pollutant Any pollutant for which a national, state or local ambient air quality

standard has been promulgated

Who needs a permit?

A few types of businesses that may require a permit:Dry cleanersAuto body paint shopGasoline dispensing facilitiesSand & Gravel FacilityConcrete Batch PlantAsphalt Batch PlantWood product manufacturersPower Plants (electrical generation)Educational InstitutionsCity and County facilities

Who needs a permit?

Certain kinds of equipment that may require a permit:Emergency generators (gensets)Process EnginesBoilersRock CrusherProcess ScreenConveying SystemsPaint BoothsSandblasting

Types of Permits

InitialModificationRevision

AdministrativeTechnical

General Permit

Why do I need a permit?

A Construction Permit is a document issued by the Department pursuant to the New Mexico Air Quality Act, that authorizes a person who wishes to begin construction, to proceed, subject to certain constraints, emissions limitations, and conditions. Additionally, Construction Permits are a way for the Department to record and control air pollution emissions.

When do I need a permit?

An air quality permit must be obtained when a new owner or operator acquires and operates a source that requires an air quality permit .

When the source becomes subject to a new federal standard (New Source Performance or National Emission Standards for Hazardous Air Pollutants).

Permit Process

An application for a permit is received, time-stamped and put into the database

The application is declared administratively complete or ruled incomplete within 30 days

When the application is ruled complete a notice is run in the paper and the applicant and local neighborhood associations are notified by certified mail. The public has 45 days to comment or request a public hearing

If there’s no requests for a public hearing formal action is taken on the application within 90 days of being declared complete Formal Action consists of one of the following:

Approve permitDeny permitApprove permit with conditions

Permit Process

If there’s requests for a public hearing and the Division grants it the application is given a 90-day extension for testimony at the hearing to be considered The Division decides on a formal action and sends a

letter to people who gave testimony or written comments to let them know of their decision.

If anyone who receives a letter is dissatisfied with the formal action, they have 30 days after receipt of their letter to appeal the decision to the board

The Board has to hold the hearing within 30 days of receipt of appeal request

Changes to Air Quality Permitting Timeline

The Department shall now have 30 days instead of 45 days for Public Comment Period.This is now consistent with Federal and State

requirements

The deadline for a decision on the permit application shall decrease from 120 days to 90 days from the date the application is ruled complete.This is now consistent with State Law

Part 41 OverviewPart 41 Overview

20.11.41 NMAC 20.11.41 NMAC applies to every applies to every person who person who intends to intends to construct, operate, construct, operate, modify, relocate or modify, relocate or make a technical make a technical revision to a revision to a source.source.

Title 20Title 20 Environmental Environmental ProtectionProtection

Chapter 11Chapter 11 ABQ- ABQ- Bernalillo County Bernalillo County Air Quality Control Air Quality Control BoardBoard

Part 41Part 41 Construction Construction PermitsPermits

What is it? Authority-to-Construct Permits 20.11.41 NMAC

Minor Source Permit 10 pounds per hour or greater of any

regulated air contaminant (pre-controlled emission rate)

the hypothetical emission rate that the source might have if operated at its maximum process capability and if there were no pollution controls except those essential to production of product or to normal operation of the source

25 tons per year or greater of any regulated air contaminant (pre-controlled emissions)

What is it? 20.11.41 is the regulation in question

that has been revised. Application for Permit

This regulation affects anyone who wishes to apply for a construction permit, or wishes to make revisions to a current permit.

This regulation goes into effect:

January 1st, 2014

What is it? 20.11.41.13 Application for Permit

A. Pre-application requirements A person who is seeking a permit pursuant to 20.11.41 NMAC shall

contact the department in writing and request a pre-application meeting for information regarding the contents of the application and the application process.

B. Applicant’s public notice requirements The applicant shall:

1. Provide public notice by certified mail or electronic mail to the designated representative(s) of the recognized neighborhood associations and recognized coalitions that are within one-half mile of the exterior boundaries of the property on which the source is or is proposed to be located

2. Prior to submitting the application, post and maintain a weather-proof sign provided by the department at the more visible of either the proposed or existing facility entrance.

Why did it change? 20.11.41.13 Application for Permit

A. Pre-application requirements The pre-application meeting will allow the

applicant to better understand the permitting process and the Department to better understand the proposed project.

B. Applicant’s public notice requirements Provides early awareness regarding the

proposed project in their neighborhood. Posting of the sign provides early awareness to nearby neighbors regarding the proposed project.

What does it mean?What does it mean?

There are a few additional There are a few additional steps the applicant will be steps the applicant will be required to go through in required to go through in the process of obtaining a the process of obtaining a construction permit.construction permit.

What does it mean? 20.11.41.13A Pre-application requirements:

A person who is seeking a construction permit will: Contact the department in writing (Pre-permit Application

Meeting Request Form) to request a pre-application meeting This meeting includes discussion of:

The application and the application process Approved emission factors and control efficiencies Air dispersion modeling guidelines Department policies Fees Public notice requirements Regulatory timelines

What does it mean?

Before beginning your permit application, you

must schedule and attend a meeting with the Air Quality

Division department.

What does it mean? 20.11.41.13B Applicant’s Public Notice Requirements:

If the applicant is applying for a technical permit revision Requirement One

If the applicant is applying for a permit or permit modification

Requirement One Requirement Two

If the applicant is applying for a portable stationary source relocation

The department may require that the applicant comply with these same requirements.

What does it mean? Requirement One- Public Notice:

Send an e-mail or a letter (Notice of Intent to Construct form) notifying the designated representative (usually the President and/or Vice President) of the Neighborhood Associations or Coalitions within a half-mile of the source of your intent to build or modify, etc.

Contact information for the NA’s/Coalitions is available from the most current records of the city of Albuquerque office of neighborhood coordination and the county of Bernalillo zoning, building and planning department.

City of Albuquerque- Environmental Health Department Air Quality Division- Permitting Section

Phone: (505) 768-1972 Email: aqd@cabq.gov

Notice of Intent to Construct Under 20.11.41.13B NMAC, the owner/operator is required to provide public notice by certified mail or electronic mail to the designated representative(s) of the recognized neighborhood associations and recognized coalitions that are with-in one-half mile of the exterior boundaries of the property on which the source is or is proposed to be located if they propose to construct or establish a new facility or make modifications to an existing facility that is subject to 20.11.41 NMAC – Construction Permits. A copy of this form must be included with the application. Applicant’s Name and Address: Owner / Operator’s Name and Address: Actual or Estimated Date the Application will be submitted to the Department: Exact Location of the Source or Proposed Source: Description of the Source: Nature of the Business: Process or Change for which the permit is requested: Preliminary Estimate of the Maximum Quantities of each regulated air contaminant the source will emit:

Net Changes In Emissions

Initial Construction Permit (Only for permit Modifications or Technical Revisions)

Maximum Operating

Schedule:

Normal Operating

Schedule: Current Contact

Information for Comments and Inquires: Name: Address: Phone Number: E-Mail Address:

Pounds Per Hour (lbs/hr)

Tons Per Year (tpy)

CO

NOx

SO2

VOC

TSP

PM10

PM2.5

VHAP

lbs/hr tpy Estimated Total TPY

CO +/- +/-

NOx +/- +/- SO2 +/- +/- VOC +/- +/- TSP +/- +/- PM10 +/- +/- PM2.5

+/- +/-

VHAP

+/- +/-

What does it mean? Requirement Two- Sign:

Post and maintain a weather-proof sign at the more visible entrance of the facility or proposed facility.

The department will provide you with the blank sign, which you are responsible for accurately and legibly completing.

Additional ChangesAdditional Changes

If the Department has ruled an If the Department has ruled an application administratively incomplete application administratively incomplete three times, the department shall send three times, the department shall send a letter by certified mail or electronic a letter by certified mail or electronic mail to the applicant, stating the permit mail to the applicant, stating the permit application is denied.application is denied. Take care when you fill out your Take care when you fill out your

application. Three strikes and you’re out!application. Three strikes and you’re out!

HOW DOES THE REGULATION CHANGE AFFECT ME?

Before you begin filling out your permit:

Apply for and attend the pre-application meeting

Contact the public and appropriate representatives

Post your signComplete all of your pre-application paperwork

HOW DOES THE REGULATION CHANGE AFFECT ME?

Portable Source Relocations•If you want to relocate your portable stationary source you must submit a request to the Department.

• Shall be approved for no more than 365 days• You may be required post a sign• You may be required to provide the

appropriate public notice to nearby Neighborhood Associations and Coalitions

HOW DOES THE REGULATION CHANGE AFFECT ME?

Accelerated Review•An applicant may request accelerated review

Permit Reopening, Revision and Reissuance•At the Department’s discretion

•Federal Regulations

ADDITIONAL EXAMPLES OF WHEN A PERMIT IS REQUIRED

• If your source becomes subject to Federal Regulations, even if it wasn’t subject previously, you must obtain a permit.

• If a new or existing source will emit 2 tons per year or more of a single Hazardous Air Pollutant (HAP) or 5 tons or more per year of any combination of HAPs.

• If the source is subject to an existing or new Air Board regulation that includes an equipment emission limitation.

FAQQ: Where can I get more information?

A: http://www.cabq.gov/airquality 3rd Floor, Suite 3023 or Suite 3047, One Civic Plaza NW,

Albuquerque, New Mexico 87103 Phone: (505) 768–1972 Fax: (505) 768-2617 E-mail: aqd@cabq.gov

Q: When does this go into effect? A: January 1st, 2014

FAQQ: Do I need a permit?

A: It depends. The necessity of an Authority-to-Construct permit is decided on a case by case basis.

*The definition used to make a determination regarding whether or not a permit is needed based on emissions has changed from being based on the “potential to emit” to “potential emission rate”, to maintain consistency with both the federal rules and the State of New Mexico rules.

FAQQ: Why is this regulation changing? A: The current regulation is outdated, with the previous significant

changes occurring in 1994, is not consistent with the New Mexico Air Quality Control Act and is not consistent with the State of New Mexico Environmental Improvement Board air quality permitting regulation.

Q: How was this regulation changed?

A: On July 10, 2013 a hearing was held before the Air Board to repeal the currently effective “Part 41” regulation and adopt the Public Review Draft for the updated Part 41 “Construction Permits”  regulation as its placement.  After hearing testimony from AQD, affected stakeholders and the public, the Air Board voted in favor of repealing the current Part 41 and adopting the updated Part 41.

FAQQ: What type of sources qualify for a General

Permit? A: Gas stations, emergency generators, and dry cleaners

are examples of sources/businesses that may qualify for General Permits.

Q: What about Accelerated Review?o A: On a case-by-case basis, some permits will

qualify for Accelerated Review, which will put the permit application on a fast track.

FAQQ: What if I already have a permit? A: If your current permit is not compliant with the

appropriate federal regulations, you must either modify, revise or acquire a new permit. If you require a new permit, you must follow the new procedures to obtain it.

Q: If I’m in the process of applying for a permit, do I need to follow these new regulations?

A: If your permit will be submitted before January 1, 2014, no. Otherwise, yes.

We appreciate you taking time out of your busy schedules to attend this Public Information Session.

Thank You!