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Replacement Part 41 Implementation

This article provides an overview of the air quality construction permitting process, including the purpose of permits, who needs them, and the types of permits available.

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Replacement Part 41 Implementation

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  1. Replacement Part 41 Implementation November 20, 2013

  2. Construction Permitting Overview • Every stationary source subject to 20.11.41 NMAC shall obtain an air quality construction permit before: • Commencing construction of a new stationary source • Operating a stationary source that has no active construction permit • Modification of a stationary source • Revision of a stationary source

  3. 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

  4. Who needs a permit? • A few types of businesses that may require a permit: • Dry cleaners • Auto body paint shop • Gasoline dispensing facilities • Sand & Gravel Facility • Concrete Batch Plant • Asphalt Batch Plant • Wood product manufacturers • Power Plants (electrical generation) • Educational Institutions • City and County facilities

  5. Who needs a permit? • Certain kinds of equipment that may require a permit: • Emergency generators (gensets) • Process Engines • Boilers • Rock Crusher • Process Screen • Conveying Systems • Paint Booths • Sandblasting

  6. Types of Permits • Initial • Modification • Revision • Administrative • Technical • General Permit

  7. 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.

  8. 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).

  9. 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 permit • Deny permit • Approve permit with conditions

  10. 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

  11. 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

  12. Title 20 Environmental Protection Chapter 11 ABQ- Bernalillo County Air Quality Control Board Part 41 Construction Permits Part 41 Overview 20.11.41 NMAC applies to every person who intends to construct, operate, modify, relocate or make a technical revision to a source.

  13. 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)

  14. 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

  15. 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.

  16. 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.

  17. What does it mean? • There are a few additional steps the applicant will be required to go through in the process of obtaining a construction permit.

  18. 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

  19. What does it mean? Before beginning your permit application, you must schedule and attend a meeting with the Air Quality Division department.

  20. 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.

  21. 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.

  22. 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.

  23. Additional Changes • If the Department has ruled an application administratively incomplete three times, the department shall send a letter by certified mail or electronic mail to the applicant, stating the permit application is denied. • Take care when you fill out your application. Three strikes and you’re out!

  24. 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 sign • Complete all of your pre-application paperwork

  25. 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

  26. 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

  27. 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.

  28. FAQ Q: 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

  29. FAQ Q: 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.

  30. FAQ Q: 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.

  31. FAQ Q: 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? • A: On a case-by-case basis, some permits will qualify for Accelerated Review, which will put the permit application on a fast track.

  32. FAQ Q: 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.

  33. Thank You! • We appreciate you taking time out of your busy schedules to attend this Public Information Session.

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