New Mexico Administrative Code

If for any reason any section, paragraph, sentence, clause, wording or application of 20.11.41 NMAC or any federal or New Mexico standards incorporated herein is held unconstitutional or otherwise invalid by any court or the United States environmental protection agency, the deci…

Documents incorporated and cited in 20.11.41 NMAC may be viewed at the Albuquerque environmental health department, One Civic Plaza NW, Albuquerque, NM 87102. Permit applications, supporting documentation, preliminary determinations made by the department, and draft permits, if c…

An application for a permit shall be accompanied by a check or money order in the amount required by 20.11.2 NMAC, Fees. No application shall be complete until the entire fee has been paid. Checks shall be made payable to the city of Albuquerque as required by 20.11.2 NMAC, Fees.

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. The meeting shall inclu…

A. The department shall maintain a list of all pending applications for permits available for public inspection. B. If the department makes an affirmative administrative completeness determination then: (1) the department shall make the permit application and all supporting docum…

A. Before the department makes a final decision regarding a permit application, the department shall hold a PIH if the director determines that there is significant public interest and a significant air quality issue is involved. A PIH is not an adjudicatory hearing on the merits…

A. Within 30 days after the department has received an application for a new permit or permit modification, the department shall review the application and determine whether it is administratively complete. (1) If the application is deemed administratively complete, the departmen…

After the department has deemed a permit application administratively complete, the department may deny the application if: A. the department determines the proposed construction, modification or technical revision will not meet an applicable standard, rule, regulation, provision…

The issuance of a permit does not relieve any person from responsibility for complying with applicable provisions of the federal act, the state act or a regulation of the board.

A. The contents of a permit application specifically identified by the department shall become terms and conditions of the permit. B. The department shall impose conditions upon a permit as authorized by the state act and as the department determines to be appropriate, including:…

20.11.41 NMAC applies to every person who intends to construct, operate, modify, relocate or make a technical revision to a source that is subject to 20.11.41 NMAC or who has authority to operate a source that triggers the emission thresholds in Subsection B of 20.11.41.2 NMAC, e…

A. The department shall cancel any permit for any source that ceases operation for five years or more, or permanently. Reactivation of any source after the five year period shall require a new permit. B. The department may cancel a permit if the construction or modification is no…

A. After a permit is issued pursuant to 20.11.41 NMAC, the permittee shall inform the department by letter, facsimile or electronic mail of: (1) the date of anticipated initial startup of the source no fewer than 30 days before the anticipated initial startup date; (2) the date o…

A. Within 60 days after achieving the maximum production rate at which the newly constructed or modified stationary source will be operated, but not later than 180 days after initial startup of the newly constructed or modified source, the owner or operator of the source may be r…

A. Portable aerospace ground equipment exempted by Subparagraph (f) of Paragraph (2) of Subsection F of 20.11.41.2 NMAC and portable support equipment exempted by Subparagraph (g) of Paragraph (2) of Subsection F of 20.11.41.2 NMAC are not subject to the requirements of 20.11.41.…

A. The department may issue an emergency permit when the director determines an emergency situation exists that threatens public health, safety or welfare, and that a source subject to 20.11.41 NMAC should be immediately constructed, modified or relocated in order to mitigate, pr…

A. Applicability: 20.11.41.25 NMAC applies to: (1) a new source or modification of an existing source that will emit a regulated air contaminant that will cause an ambient impact of the contaminant in excess of a significant ambient concentration established in 20.11.41.33 NMAC, …

A. Notwithstanding any other provision in the New Mexico state implementation plan for air quality, a permittee may use monitoring required by 20.11.42 NMAC, Operating Permits, in addition to compliance methods specified in a permit issued to the source for the purpose of submitt…

Notwithstanding any other provision in the New Mexico state implementation plan for air quality, any credible evidence may be used to determine whether a person has violated or is in violation of the terms or conditions of a permit issued pursuant to 20.11.41 NMAC, including a pe…

A. Administrative permit revision: (1) An administrative permit revision may be used by the department or requested by a permittee to revise a permit that has been issued pursuant to 20.11.41 NMAC in order to: (a) correct a typographical error; (b) identify a change in ownership,…

A person who proposes to modify a stationary source shall comply with all requirements of 20.11.41 NMAC. Applications for permit modifications shall be processed in accordance with all requirements established by 20.11.41 NMAC for permit applications, including public notice, rev…

20.11.41 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.C; the Joint Air Quality Control Board Ordinance, Bernalillo County Ordinance 94-5 Sections 3 & 4; and the Joint Air Quality Control Board Ordi…

A. The department may impose reasonable terms and conditions upon a permit, including a schedule of construction, the maximum period of time the permit shall be valid and a condition requiring timely revision of permit terms or conditions in order to meet new requirements, if any…

A. General construction permits: General construction permits are issued to groups of sources that have similar operations, processes and emissions, are subject to the same or substantially similar requirements and have general construction permit forms that were approved by the …

A. Request for accelerated review of application: As provided by the state act at NMSA 1978 Section 74-2-7(B)(8) and (9), an applicant may request accelerated review if the applicant complies with the following requirements and all other requirements of 20.11.41.32 NMAC: (1)20.11…

Table 1. Pollutant Averaging Time Annual 24-hr 8-hr 3-hr 1-hr 1/2-hr TSP 1.0 µg/m3 5.0 µg/m3 -- -- -- -- PM10 1.0 µg/m3 5.0 µg/m3 -- -- -- -- SO2 1.0 µg/m3 5.0 µg/m3 -- 25 µg/m3 -- -- H2S -- -- -- -- 1.0 µg/m3 5.0 µg/m3 CO -- -- 0.5 mg/m3 -- 2.0 mg/m3 -- NO2 1.0 µg/m3 5.0 µg/m3 -…

[RESERVED]

Permanent.

January 1, 2014, unless a later date is cited at the end of a section.

To establish the requirements for obtaining a construction permit, construction permit modification, relocation and administrative and technical permit revision.

In addition to the definitions in 20.11.41 NMAC, the definitions in 20.11.1 NMAC apply unless there is a conflict between definitions, in which case the definition in 20.11.41 NMAC shall govern. A. "Act" or "state act" means the New Mexico Air Quality Control Act, Chapter 74, Art…

A person may request a variance from 20.11.41 NMAC in accordance with the procedures established in 20.11.7 NMAC, Variance Procedure.

Any amendment to 20.11.41 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 20.11.41 NMAC, another board regulation or a permit issued by the department. Pr…

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

If any section, paragraph, sentence, clause, or word of 20.11.42 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 20.11.42 NMAC.

Documents incorporated and cited in 20.11.42 NMAC may be viewed at the Albuquerque Environmental Health Department, 400 Marquette NW, Albuquerque, NM.

A. Permit applications: (1) Duty to apply. For each 20.11.42 NMAC source, the owner or operator shall submit a timely and complete permit application in accordance with 20.11.42 NMAC. (2) Timely application. (a) A timely application is: (i) for first time applications, one that i…

A. Action on permit applications: (1) A permit (including permit renewal) or permit modification shall only be issued if all of the following conditions have been met:(a) the department has received a complete application for a permit, permit modification, or permit renewal, exce…

A. 20.11.42 NMAC sources: Operating permits must be obtained from the department for the following sources:(1) any major source; (2) any source, including an area source, subject to a standard or other requirement promulgated under Section 111 - Standards of Performance for New S…

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

Permanent.

November 5, 2024, unless a later date is cited at the end of a section.

To assure that major air pollution sources within Bernalillo county obtain an operating permit setting forth minimum requirements and conditions of operation pursuant to Title V of the Clean Air Act Amendments of 1990 (42 U.S.C. 7401, et seq.).

In addition to the definitions in 20.11.42.7 NMAC, the definitions in 20.11.1 NMAC apply unless there is a conflict between definitions, in which case the definition in 20.11.42 NMAC shall govern. A. "Acid rain source" has the meaning given to "affected source" in the regulations…

In accordance with the joint air quality control board ordinances pursuant to the New Mexico Air Quality Control Act Section 74-2-8 NMSA 1978, applicants and permittee's may seek a variance from the non-federally enforceable provisions of 20.11.42 NMAC.

Any amendment to 20.11.42 NMAC, which is filed, with the state records center shall not affect actions pending for violation of a city or county ordinance, or 20.11.42 NMAC. Prosecution for a violation under prior regulation wording shall be governed and prosecuted under the stat…

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