HB 76 — EIB PERMIT DENIAL FOR POOR COMPLIANCE

h , t, or e u g e b l e e h (e) any combination of the conditions n d d i = = o h listed in this paragraph;

and l ] b ,d i a º e (2) for an operating permit, terms and rconditions isufficient =to rensure tcompliance ewith wthe dapplicable mstandards, arules nand orequirements conditionspursuant sufficient to ensurethe complianceAir withQuality theControl applicableAct dand mthe :federal act.

b e d s º o t n = .218816.2SAAIC March 6, 2021 (10:09am) s k m e - 7 - e a n e d r e l u [ A d standards, rules and requirements pursuant to the Air Quality Control Act and the federal act.

Any conditions placed upon a permit by the department or the local agency shall be enforceable to the HB 76/a Page 7 same extent as a regulation of its board.

A person who participated in a permitting action h before the department or the local agency shall be notified by u » r the department or the local agency of the action taken and the t h g e l i reasons for the action.

Notification of the applicant shall be h r i s by certified mail.

h , e h H.

A person who participated in a permitting action t u g e b l e e , gh before the department or the local agency and who is adversely n d d i = = o h affected by such permitting action may file a petition for l ] b ,d i a º r hearing before the environmental improvement board or the local e r = t e w d m a n o board.

The petition shall be made in writing to the denvironmental mimprovement :board or the local board within thirty days from the date notice is given of the department's or the local agency's action.

b r e t º o t n = .218816.2SAAIC March 6, 2021 (10:09am) s k m e - 8 - e a n e d r e l u [ A d environmental improvement board or the local board within thirty days from the date notice is given of the department's or the local agency's action.

If the subject of the petition is a permitting action deemed by the environmental improvement board or the local board to substantially affect HB 76/a Page 8 the public interest, the environmental improvement board or the local board shall ensure that the public receives notice of the date, time and place of h the hearing.

The public in such circumstances shall also be g o t hr given a reasonable opportunity to submit data, views or g e i k arguments orally or in writing and to examine witnesses h r i s testifying at the hearing.

Any person submitting data, views h , t, or arguments orally or in writing shall be subject to e u g e b l e e h examination at the hearing.

n d d i = = o h J.

The environmental improvement board or the local l ] b ,d i a º e board may designate a hearing officer to take evidence in the r i = r t e w d m a n o hearing.

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b e d s º o t n = .218816.2SAAIC March 6, 2021 (10:09am) s k m e - 9 - e a n e d r e l u [ A d K.

Notwithstanding any other provision of law and subject to the provisions of Section 74-2-4 NMSA 1978, a final decision on a permit by the department, the environmental improvement board, the local agency, the local board or the court of appeals that a source will or will not meet applicable local, state and federal air pollution standards and regulations shall be conclusive and is binding on every other state agency and as an issue before any other state agency shall be deemed resolved in accordance with that HB 76/a Page 9 final decision.

Subject to the provisions of Section 74-2-4 NMSA h 1978, if the local board has adopted a permit regulation u » r pursuant to this section, persons constructing or modifying any t h g e l i source within the boundaries of the local authority shall h r i s obtain a permit from the local agency and not from the h , e h department.

t u g e b l e e , gh N.

Fees collected pursuant to this section shall be n d d i = = o h deposited in:

l ] b ,d i a º r (1) the state air quality permit fund created e r = t e w d m a n o by Section 74-2-15 NMSA 1978 if collected by the department;

or d(2) ma :fund created pursuant to Section 74-2-16 NMSA 1978 if collected by a local agency pursuant to a permit regulation adopted by the local board pursuant to this section.

b r e t º o t n = .218816.2SAAIC March 6, 2021 (10:09am) s k m e - 10 - e a n e d r e l u [ A d (2) a fund created pursuant to Section 74-2-16 NMSA 1978 if collected by a local agency pursuant to a permit regulation adopted by the local board pursuant to this section.

The department may not deny an application for a construction permit for a cotton gin if the applicant proposes use of the best system of emissions reduction currently in use by cotton gins in the United States, as specified by regulation of the environmental improvement board, and the cotton gin has a potential emission rate, considering the use of the proposed emissions reduction system and the proposed hours of operation, of not more than fifty tons per year of any regulated air contaminant for HB 76/a Page 10 which there is a national ambient air quality standard.

For purposes of this subsection, "best system of h emissions reduction" for cotton gins means a system that will u » r result in emissions reduction equal to or greater than that t h g e l i obtained by the use of condenser screens, seventy-mesh screen h r i s or equivalent on low-pressure exhausts and high-efficiency h , e h cyclone dust collectors on high-pressure exhausts.

t u g e b l e e , gh P.

The department or local agency may deny any n d d i = = o h permit application or revoke any permit issued pursuant to the l ] b ,d i a º r Air Quality Control Act ifif, HSEICº, within ten years immediately e r = t e w d m a n o preceding the date of submission of the permit dapplication, mthe :applicant or permittee has:

b r e t º o t n = .218816.2SAAIC March 6, 2021 (10:09am) s k m e - 11 - e a n e d r e l u [ A d application,»HSEIC the applicant or permittee has:

(3) been convicted in any court HSEICº, within ten years immediately preceding the date of submission of the permit application,»HSEIC HSEICºof any state or the United States»HSEICStates of:

or (b) a crime defined by state or federal statute as involving or being in restraint of trade, price HB 76/a Page 11 fixing, bribery or fraud;

(4) constructed or operated a facility for which a permit is sought without a permit required by the Air h Quality Control Act, Hfl1ºandexcept thewhen emissionssuch froman theunpermitted ufacility »is rdiscovered unpermittedafter facilityacquisition exceedin the permitcourse requirementof thresholda bytimely tenvironmental haudit gauthorized eby ldepartment ior twenty-fivelocal percentboard forpolicy anyand pollutant;except if:

or»Hfl1(a) Hfl1ºexceptthe hoperator rof ithe sfacility whenusing suchgood anengineering unpermittedpractices facilityand isestablished discoveredapproved aftercalculation hmethodologies ,estimated ethat hthe acquisitionfacility's inemissions thewould coursenot ofrequire a timelypermit environmentalpursuant auditto tthe uAir gQuality eControl bAct; l e e , gh authorized by department or local board policy and except if:

n d d i = = o h (a) the operator of the facility using l ] b ,d i a º r e r = good engineering practices and established approved calculation t e w d m a n o methodologies estimated that the facility's emissions would not d m :

b r e t º o t n = .218816.2SAAIC March 6, 2021 (10:09am) s k m e - 12 - e a n e d r e l u [ A d require a permit pursuant to the Air Quality Control Act;

or»Hfl1or (5) had any permit revoked or permanently suspended for cause under the environmental laws of any state or the United States.

HSEICºR.R.

If an applicant or permittee whose permit is being considered for denial or revocation on any basis HB 76/a Page 12 provided by Subsection P of this section has submitted an action plan that has been approved in writing by the secretary h or director, and plan approval includes a period of operation u » r t h under a conditional permit that will allow the applicant or g e l i permittee a reasonable opportunity to demonstrate its h r i s rehabilitation, the secretary or director may issue a h , e h t u g conditional permit for a reasonable period of time.»HSEICtime. e b l e e , gh HSEICºR.»HSEIC HSEICºS.»HSEIC An applicant for a n d d i = = o h permit HSEICºissued»HSEIC pursuant to the Air Quality Control l ] b ,d i a º r e r = Act shall file a disclosure statement with the department or t e w d m a n o local agency with the information HSEICºrequired»HSEIC d m :

bS. r e t º o t n = .218816.2SAAIC March 6, 2021 (10:09am) s k m e - 13 - e a n e d r e l u [ A d HSEICºlisted in Subsection P of this section »HSEIC, and on a form developed HSEICº,»HSEIC by the department.

HSEICºAnAn existingapplicant for a permit holderpursuant to the Air Quality Control Act shall providefile sucha disclosure uponstatement requestwith by the department or local agency."»HSEICagency HSEICºS.with the information listed in Subsection P of this section, and on a form developed by the department.

AAn personexisting permit holder shall notprovide besuch requireddisclosure toupon submitrequest by the disclosuredepartment statementor requiredlocal byagency." thisHB section76/a ifPage the13 person25 is:

(1) the United States or any agency or instrumentality of the United States;

or (2) a state or any agency or political subdivision of a state."»HSEIC -14- h u » r t h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :

b r e t º o t n = .218816.2SAAIC March 6, 2021 (10:09am) s k m e e a n e d r e l u [ A d