New Mexico Administrative Code

Documents incorporated and cited in 20.11.49 NMAC may be viewed at the Albuquerque environmental health department, 400 Marquette NW, Room 3023, Albuquerque, NM 87102.

Compliance with 20.11.49 NMAC does not relieve a person from the responsibility to comply with any other applicable federal, state, or local statute or regulation.

A. Any source: (1) whose operation results in an emission of a regulated air pollutant, including a fugitive emission, in excess of the quantity, rate, opacity or concentration specified by an air quality regulation or permit condition; or (2) subject to the requirements of 20.11…

The emission of a regulated air pollutant in excess of the quantity, rate, opacity, or concentration specified in an air quality regulation or permit condition that results in an excess emission is a violation of the air quality regulation or permit condition and may be subject t…

A. The owner or operator of a source having an excess emission shall report the following information to the department on forms provided by the department. The department may authorize the submittal of such reports in electronic format. The department may require that the owner …

All periods of excess emissions regardless of cause are violations of the state Air Quality Control Act and rules promulgated thereunder, and any applicable permit. The owner or operator of a source who contends that an excess emission occurred during startup, shutdown, malfuncti…

A. Upon receipt of a written demand by the department, the owner or operator of a source having an excess emission, shall prepare an analysis that uses analytical tools determined by the department to be appropriate. The analysis shall contain the following information: (1) an an…

A. 20.11.49 NMAC is applicable to every stationary source within Bernalillo county. B. Exempt: 20.11.49 NMAC does not apply to sources within Bernalillo county that are located on indian lands over which the Albuquerque-Bernalillo county air quality control board lacks jurisdicti…

20.11.49 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.

10/13/09, unless a later date is cited at the end of a section.

To implement requirements for the reporting of excess emissions for facility owners and operators.

In addition to the definitions in 20.11.49 NMAC, the definitions in 20.11.1 NMAC apply unless there is a conflict between definitions, in which case the definition in 20.11.49 NMAC shall govern. A. "Air pollution control equipment" means any device, equipment, process or combinat…

[Reserved]

Any amendment to 20.11.49 NMAC which is filed with the state records center shall not affect actions pending for violation of a city or county ordinance, or 20.11.49 NMAC. Prosecution for a violation under prior regulation wording shall be governed and prosecuted under the statut…

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

If any section, subsection, sentence, phrase, clause, or wording of this Part or the 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 portions of this Par…

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

No person owning or operating any stationary source, not otherwise addressed in this Part, shall cause or allow visible air contaminant emissions that exceed an opacity of 20 percent, 6 minute time-averaged.

The following visible emissions and operational limitations shall be applicable to the sources listed. A. Incinerator, Pathological Waste Destructor, or Crematorium: No person shall cause or allow visible emissions from an incinerator, pathological waste destructor, or crematoriu…

A. Motor Vehicles: Except for the mobile sources listed below, motor vehicles are subject to the visible emission limitations required by 20.11.103 NMAC, and not this Part. B. Railroad: (1) No person shall cause or allow visible emissions from any moving railroad train to exceed …

A. Visible emission limitations specified in this Part shall be determined by a certified observer using the standard visual method listed in 40 CFR 60 A, Method 9, or by operation of equipment approved by the Director that is known to produce equivalent or better accuracy. B. Un…

No person shall use any plan, activity, device or contrivance, which the Department determines will, without resulting in an actual reduction of air contaminants, conceal or appear to minimize the effects of an emission, which would otherwise violate this Part. Air introduced for…

This Part is applicable to the following: A. Exempt: (1) 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 jurisdiction. (2) Upon the written request of an affected…

This Part is adopted pursuant to the authority provided in the New Mexico Air Quality Act, NMSA 1978 Sections 74-2-4, 74-2-5.C: and the Joint Air Quality Board Ordinances, Bernalillo County Ordinance 94-5 Section 4, Revised Ordinances of Albuquerque ROA 1994 Section 9-5-1 -4.

Permanent.

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

The objective of this Part is to provide a simple and effective means to assess and reduce air pollution from sources that emit particulate matter, fumes, smoke, or aerosols in order to reduce visible air contaminants.

[Reserved]

[Reserved]

Any amendment to 20.11.5 NMAC, which is filed, with the State Records Center shall not affect actions pending for violation of a City or County ordinance or Air Quality Control Board Regulation 5. Prosecution for a violation under prior regulation wording shall be governed and pr…

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

In 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.

Under the general cognizance of the Board, the Director shall formulate and administer an emergency action plan approved by the Board and designed to provide for taking any emission control actions necessary to prevent ambient pollutant concentrations at any location in the count…

This Part is applicable to the Director of the air pollution control agency of Bernalillo County, New Mexico.

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.

To have an air emissions plan to prevent ambient pollution concentrations from substantially endangering the public health.

[Reserved]

[Reserved]

Any amendment to 20.11.6 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 27, or 20.11.6 NMAC. Prosecution for a violation under prior regulation wording shall be…

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 20.11.60 NMAC 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 20.11.60 NMAC.

Documents incorporated and cited in 20.11.60 NMAC may be viewed at the Albuquerque environmental health department, 400 Marquette NW, Albuquerque, NM.