New Mexico Administrative Code

Except as otherwise provided, in evaluating air quality impacts for a proposed new source or modification of an existing source requiring a permit pursuant to 20.11.41 NMAC/ Authority to Construct; 20.11.61 NMAC, Prevention of Significant Deterioration; or 20.11.60 NMAC, Permitti…

This Part applies to sources with emission stacks, which are located in Bernalillo County, New Mexico. A. 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 lacks…

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 a section.

The objective of this Part is to adopt local requirements that are identical to those required by federal new source review regulations assuring uniform procedures and formulae in determining, on a case-by-case basis, what stack heights or other dispersion techniques are creditab…

For purposes of this Part, the definitions in 40 CFR Sections 51.100f, z, and ff through kk (1987), as well as 40 CFR 60.15b (1987) are hereby incorporated as regulations of the Board. In addition to the definitions in 20.11.43.7 NMAC the definitions in 20.11.1 NMAC apply unless …

Because sources subject to the federal stack height regulation cannot be granted variances from these requirements, insofar as variation from the requirements of this Part are concerned, such sources can not utilize the provisions of 20.11.7 NMAC, Variances Procedures, nor 9-5-1 …

Any amendment to 20.11.43 NMAC, which is filed, with the State Records Center shall not affect actions pending for violation of a City or County ordinance, Air Quality Control Board Regulation 33, or 20.11.43 NMAC. Prosecution for a violation under prior regulation wording shall …

Albuquerque-Bernalillo County Air Quality Control Board, P.O. Box 1293, Albuquerque, New Mexico, 87103.

A. Except as provided in Subsection B of 20.11.46.10 NMAC, Sections 20.11.46.11 NMAC through 20.11.46.22 NMAC shall become effective on the program trigger date that is established in accordance with the procedures outlined in Part C of the Section 309 Regional Haze State Impleme…

A. General applicability: 20.11.46 NMAC applies to any stationary source or group of stationary sources that are located on one or more contiguous or adjacent properties and which are under the control of the same person or persons under common control, belonging to the same indu…

Each WEB source must identify one account representative and may also identify an alternate account representative who may act on behalf of the account representative. Any representation, action, inaction or submission by the alternate account representative will be deemed to be …

A. Deadlines. (1) Each source that is a WEB source on or before the program trigger date shall register by submitting the initial certificate required in Subsection A of 20.11.46.12 NMAC to the department no later than 180 days after the program trigger date. (2) Any existing sou…

A. The tracking system administrator shall record the allowances for each WEB source in the compliance account for a WEB source once the allowances are allocated by the department under Section C1 of the Section 309 Regional Haze State Implementation Plan Element: Albuquerque - B…

A. WEB EATS accounts: All WEB sources shall open a compliance account. Any person may open a general account for the purpose of holding and transferring allowances. In addition, if a WEB source conducts monitoring under Paragraph (2) of Subsection A of 20.11.46.16 NMAC, the WEB s…

A. General requirements for monitoring methods: (1) For each SO2 emitting unit at a WEB source the owner or operator shall comply with the following, as applicable, to monitor and record SO2 mass emissions: (a) if a unit is subject to 40 CFR Part 75 under a requirement separate f…

A. Procedure: To transfer allowances, the account representative shall submit the following information to the tracking system administrator: (1) the transfer account number(s) identifying the transferor account; (2) the transfer account number(s) identifying the transferee accou…

A. Any allowance that is held in a compliance account or general account shall remain in such an account unless and until the allowance is either deducted in conjunction with the compliance process, or transferred to another account. B. In order to demonstrate compliance under Su…

A. Compliance with allowance limitations: (1) In accordance with Paragraphs (2) and (3) of Subsection A of 20.11.46.19 NMAC and 20.11.46.18 NMAC, the WEB source shall hold allowances, as of the allowance transfer deadline in the WEB source's compliance account (together with any …

A. 20.11.46 NMAC is applicable to all geographic areas within Bernalillo county, New Mexico and within the jurisdiction of the Albuquerque-Bernalillo county air quality control board. B. Exempt: 20.11.46 NMAC does not apply to sources within Bernalillo county that are located on …

A. If the WEB trading program is triggered as outlined Part A of the Section 309 Regional Haze State Implementation Plan Element: Albuquerque - Bernalillo County, New Mexico, and the first control period will not occur until after the year 2018, the following provisions shall app…

A. Applicability. (1) The provisions of this protocol are applicable to fuel gas combustion devices at petroleum refineries. (2) Fuel gas combustion devices include boilers, process heaters, and flares used to burn fuel gas generated at a petroleum refinery. (3) Fuel gas means an…

A. Applicability. The provisions of this protocol are applicable to cement kilns or lime kilns that: (1) are controlled by a positive pressure fabric filter; (2) combust only a single fuel, no fuel blends; and (3) have operating conditions upstream of the fabric filter that the W…

Any amendment to Sulfur Dioxide Emissions Inventory Requirements; Western Backstop Sulfur Dioxide Trading Program, 20.11.46 NMAC, which is filed with the state records center and archives shall not affect actions pending for violation of a statute, ordinance, part, or permit. Pro…

If any section, subsection, sentence, phrase, clause or wording of 20.11.46 NMAC or the federal standards incorporated herein is for any reason held to be unconstitutional or otherwise invalid by any court or the EPA, the decision shall not affect the validity of remaining portio…

20.11.46 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, except as provided in Section 20.11.46.5 NMAC.

December 31, 2003, except where a later date is cited at the end of a section, or as provided in 20.11.46.10 NMAC. However, if the EPA disapproves the Section 309 Regional Haze State Implementation Plan Element: Albuquerque-Bernalillo County, New Mexico, then 20.11.46 NMAC will n…

A. 20.11.46 NMAC implements the western backstop (WEB) sulfur dioxide (SO2) trading program provisions required under the federal Regional Haze Rule, 40 CFR 51.309, and the concomitant Albuquerque-Bernalillo county element of the state of New Mexico's regional haze implementation…

In addition to the definitions in 20.11.46.7 NMAC, the definitions in 20.11.1 NMAC apply unless there is a conflict between definitions, in which case the definition in 20.11.46 NMAC shall govern. A. "Account certificate of representation" means the completed and signed submissio…

No variances will be granted from requirements of 20.11.46 NMAC.

Beginning with the 2003 emission inventory, all stationary sources with actual emissions of one hundred (100) tons per year or more of SO2 in the year 2000, or in any subsequent year, shall submit an annual inventory of SO2 emissions. A source that meets these criteria, and then …

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

20.11.47 NMAC shall be liberally construed to carry out its purpose.

The filing of 20.11.47 NMAC, Emissions Inventory Requirements, and the filing of any amendment to 20.11.47 NMAC with the state records center and archives shall not affect any action pending for violation of a city or county ordinance, a board regulation, or a permit, and shall n…

Compliance with 20.11.47 NMAC does not relieve a person from responsibility for complying with any other applicable federal, state, or local regulations.

Documents incorporated and cited in 20.11.47 NMAC may be viewed at the Albuquerque environmental health department, Suite 3023, One Civic Plaza, 400 Marquette NW, Albuquerque, NM.

A. Applicability: 20.11.47.14 NMAC applies to the owner or operator of every stationary source, located within Bernalillo county that: (1) has an active permit issued pursuant to 20.11.41 NMAC, Authority to Construct, or 20.11.42 NMAC, Operating Permits; or (2) is required to fil…

20.11.47 NMAC applies to each person who owns or operates a source or who intends to construct or modify a source within Bernalillo county, but does not apply to sources in Bernalillo county that are located on Indian lands over which the Albuquerque-Bernalillo county air quality…

20.11.47 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 Section 4; and the Joint Air Quality Control Board Ordinance…

Permanent.

May 1, 2008 except where a later date is cited at the end of a section.

To establish requirements for the submission of certain relevant information to ensure that the regulations and standards under the Air Quality Control Act and the federal act will not be violated.

In addition to the definitions in 20.11.47 NMAC, the definitions in 20.11.1 NMAC apply unless there is a conflict between definitions, in which case the definition in 20.11.47 NMAC shall govern. A. "Actual emissions" means the quantified emissions of a regulated air pollutant fro…

No person can obtain a variance from the requirements of 20.11.47 NMAC.