New Mexico Administrative Code

A. General requirements: (1) Any person who submits any AQN application shall pay fees as set forth below. (2) The departmentshall not review or issue an AQN until the owner or operator provides documentary proof satisfactory to the department that all applicable fees have been p…

A. Applicability: 20.11.39 NMAC applies to the following stationary source categories in the city of Albuquerque and Bernalillo county. (1) Emergency stationary reciprocating internal combustion engines (ES-RICE) as defined in 20.11.39.7 NMAC, except as otherwise provided in this…

An owner or operator who receives an AQN must construct the source and begin its intended operations within two years of the date of the issuance of the AQN. AQNs for sources which have not been constructed and begun operations within two years shall be void.

20.11.39 NMAC is adopted pursuant to the authority provided in the New Mexico Air Quality Control Act, NMSA 1978 Sections 74-2-5, 74-2-5.1, 74-2-6 and 74-2-7; the Joint Air Quality Control Board Ordinance, Revised Ordinances of Albuquerque 1994, Sections 9-5-1 -4, 9-5-1-5, 9-5-1-…

Permanent.

December 21, 2017, unless a later date is cited at the end of a section.

A. To provide a procedure by which certain sources may qualify for waivers of source registration requirements pursuant to 20.11.40 NMAC or construction permit requirements pursuant to 20.11.41 NMAC; B. To establish an alternative regulatory mechanism, other than those provided i…

The definitions in 20.11.1 NMAC apply unless there is a conflict between definitions, in which case the definition in 20.11.39 NMAC shall govern. Definitions provided in the applicable federal standards referenced below shall apply to source categories subject to those federal st…

A person may request a variance from 20.11.39 NMAC, in accordance with the procedures in 20.11.7 NMAC, Variance Procedure, except that no variances shall be granted from any applicable federal requirement.

Any amendment to 20.11.39 NMAC that is filed with the state records center and archives shall not affect actions pending for violation of the state act, a city or county ordinance, a prior version of 20.11.39 NMAC, another board regulation or a permit issued by the department. Pr…

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

If any section, paragraph, sentence, clause, or word of 20.11.4 NMAC is for any reason held to be unconstitutional or otherwise invalid by any court, the decision shall not affect the validity of remaining provisions of 20.11.4 NMAC.

Documents incorporated and cited in 20.11.4 NMAC may be viewed at the Albuquerque Environmental Health Department, 400 Marquette Ave. NW, Albuquerque, NM.

A. Conformity determinations for federal actions related to transportation plans, programs, and projects developed, funded, or approved under Title 23 U.S.C. or 49 U.S.C. Chapter 53 must meet the procedures and criteria of 40 CFR Part 51, Subpart T, in lieu of the procedures set …

Any department, agency, or instrumentality of the federal government taking an action subject to 20.11.4 NMAC must make its own conformity determination consistent with the requirements of 20.11.4 NMAC. In making its conformity determination, a federal agency must follow the requ…

A. A federal agency making a conformity determination under Sections 13 through 19 and 21 through 23 of 20.11.4 NMAC must provide to the EPA Region VI Office, state and local air agencies, any federally-recognized indian tribal government in the nonattainment or maintenance area,…

A. Upon request by any person regarding a specific federal action, a federal agency must make available, subject to the limitation in Subsection E of 20.11.4.156 NMAC, for review its draft conformity determination under 20.11.4.154 NMAC with supporting materials which describe th…

A. Once a conformity evaluation is completed by a federal agency, that determination is not required to be reevaluated if the agency has maintained a continuous program to implement the action; the determination has not lapsed as specified in Subsection B of 20.11.4.157 NMAC; or …

A. An action required under 20.11.4.153 NMAC to have a conformity determination for a specific pollutant, will be determined to conform to the applicable SIP if, for each pollutant that exceeds the rates in Subsection B of 20.11.4.153 NMAC, or otherwise requires a conformity dete…

A. The analyses required under 20.11.4 NMAC must be based on the latest planning assumptions. (1) All planning assumptions (such as per capita water and sewer use, vehicle miles traveled per capita or per household, trip generation per household, vehicle occupancy, household size…

A. Any measures that are intended to mitigate air quality impacts must be identified (such as the identification and quantification of all emission reductions claimed) and the process for implementation (such as any necessary funding of such measures and tracking of such emission…

A. The state, local or tribal agency responsible for implementing and enforcing the SIP or TIP can in cooperation with federal agencies or third parties authorized by the agency that operate installations subject to federal oversight develop and adopt a facility-wide emission bud…

If a federal action would result in total direct and indirect emissions above the applicable thresholds which would be emitted beyond the time period covered by the SIP, the federal agency can: A. demonstrate conformity with the last emission budget in the SIP; or B. request the …

A. The emissions reductions from an offset or mitigation measure used to demonstrate conformity must occur during the same calendar year as the emission increases from the action except, as provided in Subsection B of 20.11.4.163 NMAC. B. The state or tribe may approve emissions …

Federal agencies must reduce the same type pollutant as being increased by the federal action except the state or tribe may approve offsets or mitigation measures of different precursors of the same criteria pollutant, if such trades are allowed by a state or tribe in a SIP or TI…

A. Federal facilities and installations subject to federal oversight can, with the approval of the state or tribal agency responsible for the SIP or TIP in that area, create an early emissions reductions credit program. The federal agency can create the emission reduction credits…

The provisions of 20.11.4 NMAC shall apply in all nonattainment and maintenance areas of and within Bernalillo county. A. Prohibition: Pursuant to 40 CFR 93.150: (1) No department, agency or instrumentality of the federal government shall engage in, support in any way or provide …

20.11.4 NMAC is adopted pursuant to the authority provided in the New Mexico Air Quality Control Act, NMSA 1978 74-2-4, 74-2-5.C; the Joint Air Quality Control Board Ordinance, Bernalillo County Ordinance 94-5 4; and the Joint Air Quality Control Board Ordinance, Revised Ordinanc…

Permanent.

December 1, 1995, unless a later date is cited at the end of a section.

To implement Section 176(c) of the Clean Air Act (CAA), as amended (42 U.S.C. 7401 et seq.) and the related requirements of 23 U.S.C. 109(j), with respect to the conformity of transportation plans, programs, and projects which are developed, funded, or approved by the United Stat…

Terms used but not defined in 20.11.4 NMAC shall have the meaning given them by the CAA and EPA's regulations, (40 CFR Chapter I), in that order of priority. In addition to the definitions in 20.11.4.7 NMAC the definitions in 20.11.1.7 NMAC apply unless there is a conflict betwee…

[Reserved]

Any amendment to 20.11.4 NMAC, which is filed, with the state records center shall not affect actions pending for violation of a city or county ordinance or 20.11.4 NMAC. Prosecution for a violation under prior regulation wording shall be governed and prosecuted under the statute…

Albuquerque/ Bernalillo County Air Quality Control Board. P.O. Box 1293, Albuquerque, NM 87103. Telephone: (505) 768-2600.

If any section, paragraph, sentence, clause, or word of this Part or any federal standards incorporated herein is for any reason held to be unconstitutional or otherwise invalid by any court, the decision shall not affect the validity of remaining provisions of this Part.

Documents incorporated and cited in this Part may be viewed at the Albuquerque Environmental Health Department, 400 Marquette NW, Albuquerque, NM.

[Reserved]

Any person seeking a Registration Certificate shall do so by filing a written application with the Director. A. Applications shall: (1) Be made on forms furnished by the Director. (2) State the operator's name and mailing address. (3) State the owner's name and mailing address. (…

The total of all registration fees paid to the Director on or before the effective date of this Part shall be applied to the prescribed fee due under this Part. No fee is refundable.

Any records or other information furnished to the Director relating to the Director relating to business matters, processes or production techniques unique to the applicant and considered to be confidential shall be clearly labeled as being confidential by the applicant and shall…

A. This Part is applicable to any stationary source located in Bernalillo County. B. Exempt: This Part does not apply to sources within Bernalillo County, which are located on Indian lands over which the Albuquerque/Bernalillo County Air Quality Control Board lacks jurisdiction.

This Part is adopted pursuant to the authority provided in the New Mexico Air Quality Control Act, NMSA 1978 Sections 74-2-4, 74-2-5.C; the Joint Air Quality Control Board Ordinance, Bernalillo County Ordinance 94-5 Section 4; and the Joint Air Quality Control Board Ordinance, Re…

Permanent.

December 1, 1995, unless a later date is cited at the end of the section.

By January 1, 1974, any person owning or operating any commercial or industrial stationary source, which emits more than two thousand pounds of any air contaminant per year or any amount of a hazardous air pollutant, must obtain a Registration Certificate for the source from the …

[Reserved]