N.M. Code R. § 20.2.11.110 – Temporary Exemptions

A. Upon request, the Department, by written permit, may suspend the operational requirements of this Part for portable asphalt process equipment to be operated temporarily in rural areas. A permit shall not be issued for any period exceeding ninety operating days, but may be renewed when reasonably necessary for completion of a project. A written request that has not been acted upon within ten days after its receipt shall be deemed granted.
B. In making its decision on a petition, the Department shall give weight it deems appropriate to all facts and circumstances, including but not limited to:
(1) character and degree of injury to, or interference with, health, welfare, visibility and property;
(2) the public interest, including the social and economic value of the sources and subjects of the air contaminants involved; and
(3) technical practicability and economic reasonableness of complying with this Part.
C. The Department may require the requestor to submit his request in writing and any or all of the following information:
(1) requestor's name, address and telephone number;
(2) nature of the project and the location where the unit is to be operating;
(3) the proposed length of time of operation;
(4) the aggregate process rate (pounds per hour) of the equipment to be utilized; and
(5) reasons why the requestor believes the suspension of the operational requirements is necessary.
[11/30/95; 20.2.11.110 NMAC - Rn, 20 NMAC 2.11.110 10/31/02]
HISTORY OF 20.2.11 NMAC:
Pre-NMAC History: The material in this part was derived from that previously filed with the Commission of Public Records-State Records Center and Archives.
HSSD 70-1, Ambient Air Quality Standards And Air Quality Control Regulations, 01/27/70.
History of Repealed Material: [RESERVED]
Other History:
HSSD 70-1, Ambient Air Quality Standards And Air Quality Control Regulations, (relating to that portion numbered 501) filed 01/27/70, was renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.11, Asphalt Processing Equipment, filed 10/30/95.
20 NMAC 2.11, Asphalt Processing Equipment, filed 10/30/95, was renumbered, reformatted and replaced by 20.2.11 NMAC, Asphalt Processing Equipment, effective 10/31/02.