New Mexico Administrative Code

Albuquerque - Bernalillo County Air Quality Control Board, c/o Environmental Health Department, P.O. Box 1293, Albuquerque, NM 87103. Telephone: (505) 768-2601.

Documents cited and incorporated in 20.11.2 NMAC may be viewed at the Albuquerque Environmental Health Department, One Civic Plaza NW, 3rd Floor, Suite 3023, Albuquerque, NM 87102.

A. Any person, including a federal, state or local governmental agency, who submits a document described in Subsection A of 20.11.2.2 NMAC, shall pay the total fee required by 20.11.2 NMAC at the time the document is submitted. B. Every person with a valid source registration or …

A. Air quality source registration and permits for minor sources: A person who submits an application for an air quality source registration pursuant to 20.11.40 NMAC or a permit pursuant to 20.11.41 NMAC shall pay the applicable fees provided in Section 20.11.2.18 NMAC. B. 20.11…

A. By June 1 of each year, the department shall send each owner or operator with either a valid source registration pursuant to 20.11.40 NMAC, a fugitive dust control programmatic permit issued pursuant to 20.11.20 NMAC, or a permit issued pursuant to 20.11.41 NMAC, 20.11.42 NMAC…

A. A filing fee of $21.00 per asbestos unit (AU), adjusted as required by Subsection D of 20.11.2.14 NMAC, shall be paid at the time notification is delivered to the department as required by 20.11.64 NMAC, Emission Standards for Hazardous Air Pollutants for Stationary Sources. B…

A. Every person required to submit a permit application for a fugitive dust control construction permit as defined in 20.11.20.7 NMAC shall pay the total fee due at the time the permit application is submitted to the department. B. The filing and review fee for a fugitive dust co…

A. Pursuant to 20.11.20.17 NMAC, Filing Review and Inspection Fees, the filing and review fees portion of the total permit application fee due at time of submittal for a fugitive dust control construction permit application are non-refundable. B. For all review fees that are due …

A. Failure to pay any fee required by 20.11.2 NMAC, a manager's decision made pursuant to 20.11.2.16 NMAC, or a board regulation is a violation of 20.11.2 NMAC. B. All incorrect-fee challenges shall follow the appeal procedures set forth in 20.11.2.16 NMAC. Stating an invoice is …

A. Source registration review fees: A person with a stationary source that is required by 20.11.40 NMAC to submit a source registration shall pay a registration review fee of $500.00 when the registration application is delivered to the department. B. Permit application review fe…

A. Modifications: A person who submits an application for a proposed modification to an existing stationary source permit shall pay either $1000.00 if subject to Subsection B of 20.11.2.18 NMAC, or the applicable fee listed in Paragraphs (1)-(6) of Subsection A of 20.11.2.19 NMAC…

A. Applicability: (1) every person required to submit a source registration application pursuant to 20.11.40 NMAC, Source Registration or other board regulation; (2) except for sources subject to 20.11.42 NMAC, Operating Permits, every person required to submit a permit applicati…

A. Revision fees: (1) administrative revisions to permits issued pursuant to 20.11.41 NMAC: $250.00; (2) technical revisions to permits issued pursuant to 20.11.41 NMAC: $500.00. B. Portable stationary source relocation fees:(1) no new air dispersion modeling required: $500.00; (…

A. Source registration: $185.00. B. Permitted source: Sources issued a permit pursuant to 20.11.41 NMAC, 20.11.42 NMAC, 20.11.60 NMAC, 20.11.61 NMAC or other board regulation, shall pay a minimum annual emission fee of $185.00 or $44.00 per ton, whichever is greater. The annual e…

A. Administrative fees: (1) Professional services fee: $92.00 per staff hour. (2) Photocopying and other copies of public records: as provided by the New Mexico Inspection of Public Records Act and by the applicable city of Albuquerque ordinance and city administrative instructio…

20.11.2 NMAC is adopted pursuant to the authority provided in the New Mexico Air Quality Control Act, NMSA 1978 Sections 74-2-4, 74-2-5 and 74-2-7; the Joint Air Quality Control Board Ordinance, Bernalillo County Ordinance 94-5, Sections 3, 4 and 7; and the Joint Air Quality Cont…

Permanent.

July 1, 2001, unless a later date is cited at the end of a section or paragraph.

To establish fees sufficient to cover the reasonable costs of implementing and enforcing the requirements of: the federal Clean Air Act (CAA); the New Mexico Air Quality Control Act, Chapter 74, Article 2, NMSA 1978; the city of Albuquerque and Bernalillo county joint air quality…

In addition to the definitions in 20.11.2.7 NMAC, the definitions in 20.11.1 NMAC apply unless there is a conflict between definitions, in which case the definition in 20.11.2.7 NMAC shall govern. A. "Administrative revision" means a revision to either: (1) a source registration …

Any amendment to 20.11.2 NMAC that is filed with the state records center shall not affect actions pending for violation of a federal or state statute or regulation, a city or county ordinance, or a board regulation. Prosecution for a violation under prior regulation wording shal…

If for any reason any section, paragraph, sentence, clause or word of 20.11.2 NMAC or federal, state or local standard incorporated in 20.11.2 NMAC is determined to be unconstitutional or otherwise invalid by any court or the United States environmental protection agency, the dec…

Albuquerque - Bernalillo County Air Quality Control Board. P.O. Box 1293, Albuquerque, New Mexico 87103. Telephone: (505) 768-2601.

If any section, subsection, sentence, phrase, clause or wording of 20.11.20 NMAC or the federal standards incorporated herein is for any reason held to be unconstitutional or otherwise invalid by any court or the United States environmental protection agency, the decision shall n…

Documents incorporated and cited in 20.11.20 NMAC may be viewed at the Albuquerque environmental health department, 400 Marquette NW, Albuquerque, NM.

A. Each person shall use reasonably available control measures or any other effective control measure during active operations or on inactive disturbed surface areas, as necessary to prevent the release of fugitive dust, whether or not the person is required by 20.11.20 NMAC to o…

A. A fugitive dust control programmatic permit is required for single or multiple facility locations to address real property totaling three-quarters of an acre or more that is subject to routine maintenance, routine surface disturbance activities, or routine ongoing active opera…

A. A person who does not elect to obtain or who does not qualify for a fugitive dust control programmatic permit pursuant to 20.11.20.13 NMAC and who plans to conduct active operations that will disturb three-quarters of an acre or more shall comply with either Subsection A or B …

Proposed fugitive dust control construction permit applications shall be submitted on forms provided by the department. Fugitive dust control plans may be submitted in any format including a copy of a program that complies with any other statute or regulation so long as the plan …

A. General requirements: during a high wind event, all persons responsible for fugitive dust control activities on publicly or privately-owned real property where active operations are occurring or inactive disturbed surface areas exist shall use reasonably available control meas…

Thefees required by 20.11.20 NMAC are located in 20.11.2 NMAC, Fees. The filing and review fee portion of the total permit application fee due when a fugitive dust control construction application is filed is non-refundable.

A. A person who is required to submit a fugitive dust control construction permit (permit) application and plan for active operations that will disturb at least three-quarters of an acre, but no more than 25 acres, shall submit the permit application and plan with the applicable …

A. No unpaved roadway greater than one-quarter mile in length and no unpaved parking areas may be constructed or allowed to be constructed or reconstructed on any publicly-owned land or privately-owned real property, unless the owner has applied for and received a permit pursuant…

A. 20.11.20 NMAC is applicable to all sources of fugitive dust in Bernalillo county, unless otherwise exempt. B. Exempt: 20.11.20 NMAC does not apply to sources within Bernalillo county that are: (1) located on Indian lands over which the Albuquerque - Bernalillo county air quali…

A person who performs abrasive pressure blasting operations shall employ reasonably available control measures or other effective control measures at all times to comply with 20.11.20.12 NMAC and shall substantially reduce fugitive dust emissions that are leaving the property whe…

To prevent greenwaste from becoming ground up by the abrasive action of tires, which may then be entrained into the atmosphere as particulate matter, all persons causing, directing or authorizing greenwaste to be deposited on publicly-owned real property shall promptly remove or …

No person shall demolish any building containing over 75,000 cubic feet of space without first delivering to the department a fugitive dust control construction permit application and fugitive dust control plan with the fee required by 20.11.2 NMAC. No active operations shall com…

The permittee may include in the permit application one or more of the reasonably available control measures included in 20.11.20.23 NMAC or one or more alternative fugitive dust control measures, including measures taken to comply with any other statute or regulation if the meas…

A. If the fugitive dust control permit includes provisions to revegetate a disturbed area, the permittee may use the specifications described in 20.11.20.24 NMAC. When properly applied and maintained, these specifications have provided reasonably successful results in the past in…

If a permit applicant or permittee (requestor) asks the department to meet informally to review and reconsider the department's decision regarding the applicant's permit application in the manner provided by 20.11.20.25 NMAC, the process shall not extend the 30-day deadline for f…

The following method, hereafter called the "visible fugitive dust detection method", is used to visually determine the total amount of time that fugitive dust emissions are visible during a continuous one-hour observation period. If a trained department observer records visible f…

A. All persons shall use control measures that are effective in maintaining compliance with 20.11.20 NMAC. Violation of a fugitive dust control permit or fugitive dust control plan approved by the department is a violation of 20.11.20 NMAC. If a violation occurs or is occurring, …

A. The department shall provide or approve public education regarding reducing fugitive dust. The department shall maintain an electronic information system using the Internet in order to provide access to the general public and regulated business community regarding fugitive dus…

The department shall respond to complaints from residents, businesses and others in a timely manner, but in no case shall the initial response take longer than three business days.

20.11.20 NMAC is adopted pursuant to the authority provided in the New Mexico Air Quality Control Act, NMSA 1978 Sections 74-2-4, 74-2-5; the Joint Air Quality Control Board Ordinance; Bernalillo county Ordinance No. 94-5, Sections 4 and 5; and the Joint Air Quality Control Board…

Permanent.

March 17, 2008, unless a later date is cited at the end of a section.