New Mexico Administrative Code

Documents incorporated and cited in 20.11.7 NMAC may be viewed at the Albuquerque Environmental Health Department, 400 Marquette NW, Albuquerque, NM.

A. A person seeking a variance from a regulation of the board or a permit condition imposed by the department shall do so by delivering a written petition for variance to the director and the division manager. The petitioner shall use petition forms obtained from the department. …

A. Within 15 consecutive days after receipt of the variance petition, the director shall promptly investigate and evaluate the petition, deliver a written recommendation to each member of the board, and mail a copy of the recommendation to the petitioner by certified mail. The di…

A. When the board receives the director's written recommendation, if the director recommends that the board grant a variance in whole or in part, then the board shall hold a public variance hearing. The board shall meet and decide whether to appoint a board hearing officer for th…

A. At least 14 consecutive days before the beginning of the evidentiary phase of a board variance hearing, the board shall publish notice of the subject of the variance hearing in a newspaper of general circulation in Bernalillo county, and shall also publish the date, time and p…

A. Board variance hearings shall be public and shall be held at a public facility with public seating available. B. Between the dates the petition for variance is filed and the conclusion of the variance procedure, no ex parte contact shall be made with a board member or the boar…

A. An order of the board is a final administrative decision and bars the petitioner from petitioning for the same variance without specific permission from the board. At a public hearing by the board to consider again petitioner's proposal regarding the same variance, the board m…

A. From the date the petition for variance is delivered to the director and the division manager until the board takes final action on the petition for variance, the petitioner may file a motion for stay with the board, requesting a stay from enforcement action by the department.…

When the last day for performing an act falls on a Saturday, Sunday or a city of Albuquerque or Bernalillo county legal holiday, the performance of the act is timely if performed on the next succeeding day that is not a Saturday, Sunday or a city of Albuquerque or Bernalillo coun…

A. 20.11.7 NMAC establishes procedures and criteria for obtaining a variance from a limitation or other requirement (together referred to as "limitation" in 20.11.7 NMAC) prescribed under the Air Quality Control Act, a regulation of the Albuquerque-Bernalillo county air quality c…

20.11.7 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 74-2-8; the Joint Air Quality Control Board Ordinance, Bernalillo County Ordinance 94-5 Sections 3, 4 and 8; and the Joint Air Quality Contr…

Permanent.

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

The objective of 20.11.7 NMAC is to establish procedures and criteria by which a petitioner may seek a variance from a limitation prescribed under the Air Quality Control Act, a regulation of the Albuquerque-Bernalillo county air quality control board or a permit condition impose…

In addition to the definitions in 20.11.7.7 NMAC, the definitions 20.11.1 NMAC apply unless there is a conflict between definitions, in which case the definition in 20.11.7 NMAC shall govern. A. "Division" means the air quality division of the city of Albuquerque environmental he…

[Reserved]

Any amendment to 20.11.7 NMAC that is filed with the state records center shall not affect actions pending for violation of the Air Quality Control Act, a city of Albuquerque or county of Bernalillo ordinance, a regulation of the board or any permit condition imposed by the depar…

Albuquerque-Bernalillo County Air Quality Control Board.

If any section, paragraph, sentence, clause or word of 20.11.71 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 20.11.71 NMAC.

Documents incorporated and cited in 20.11.71 NMAC may be viewed at the Albuquerque environmental health department, one civic plaza, suite 3023, 400 Marquette NW, Albuquerque, NM 87102.

A. Operating permits: New and existing MSW landfills with design capacities greater than or equal to 2.5 million megagrams or 2.5 million cubic meters are subject to the permitting requirements of 20.11.42 NMAC Operating Permits. New and existing MSW landfills with design capacit…

A. Except as provided below, requirements for existing (active and closed) MSWLs will be in accordance with 40 CFR Part 60 Subpart Cf. (1) Existing active and closed MSWLs will continue to comply with 40CFR Subpart Cc or WWW, as applicable, until the effective date of final EPA a…

A. Applicability: 20.11.71 NMAC is applicable to the city of Albuquerque and Bernalillo county. (1) Existing municipal solid waste landfills: Except as provided in 20.11.71.14 NMAC, each owner or operator of an existing (active or closed) municipal solid waste landfill is subject…

20.11.71 NMAC is adopted pursuant to the authority provided in the New Mexico Air Quality Control Act, Section 74-2-5 NMSA 1978; the Joint Air Quality Control Board Ordinance, Bernalillo County Ordinances Section 30-33; the Joint Air Quality Control Board Ordinance, Revised Ordin…

Permanent.

January 1, 2006, unless a later date is cited at the end of a section.

To establish requirements for municipal solid waste landfills (MSWLs) in order to control emissions of methane and non-methane organic compounds (NMOC); to create a legally enforceable mechanism to require owners and operators of existing MSWLs to comply with the provisions of 40…

All definitions found in 40 CFR Part 60, Subpart A apply. All definitions found in 40 CFR Part 60, Subpart XXX apply to new municipal solid waste landfills and all definitions found in 40 CFR Part 60, Subpart Cf apply to existing MSWLs. In addition to the definitions in 20.11.71.…

The variance provisions of 20.11.7 NMAC, Variance Procedure, Revised Ordinances of Albuquerque 1994 Section 9-5-1 -8, Bernalillo County Ordinances Section 30-37 and Section 74-2-8 NMSA 1978 shall not apply to 20.11.71 NMAC or the incorporated federal standards.

Any amendment to 20.11.71 NMAC that is filed with the state records center shall not affect actions pending for violation of a city or county ordinance, the air quality regulations for Albuquerque and Bernalillo county or a permit issued by the department. Prosecution for a viola…

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

Documents incorporated and cited in 20.11.8 NMAC may be viewed at the Albuquerque environmental health department, 400 Marquette NW, Albuquerque, NM.

Except as otherwise provided, the National Primary and Secondary Ambient Air Quality Standards of the United States environmental protection agency including the General Provisions thereto, codified at 40 CFR Part 50 (including appendices), as amended through October 9, 2024, are…

Except as otherwise provided, the state Ambient Air Quality Standards of the environmental improvement board codified at 20.2.3 NMAC, as amended through October 9, 2024, are hereby incorporated into 20.11.8 NMAC. Section 20.11.8.13 NMAC is a summary of the federal and state stand…

Pollutant Standards Reference Federal Primary Federal Secondary New Mexico State Carbon Monoxide (CO) 8-hour average 40 CFR 50.8 9 ppm none 8.7 ppm 1-hour average 40 CFR 50.8 35 ppm none 13.1 ppm Nitrogen Dioxide (NO2) 24-hour average 20.2.3.111 NMAC none none 0.10 ppm 1-hour ave…

Except as expressly provided to the contrary in these regulations, whenever two or more parts of these regulations limit, control or regulate the emissions of a particular air contaminant, the more restrictive or stringent shall govern.

A. 20.11.8 NMAC is applicable within Bernalillo county. B. Exempt: 20.11.8 NMAC 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.

20.11.8 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; the Joint Air Quality Control Board Ordinance…

Permanent.

July 1, 2004, unless a later date is cited at the end of a section. The effective date of a specific section is located at the end of each section within the historical brackets. As required by the New Mexico Air Quality Control Act, Chapter 74, Article 2, Section 6 NMSA 1978, no…

To adopt local ambient air quality standards that are identical to the federal National Primary and Secondary Ambient Air Quality Standards codified at 40 CFR Part 50, and to adopt applicable state Ambient Air Quality Standards codified at 20.2.3 NMAC.

The definitions in 20.11.1 NMAC apply to 20.11.8 NMAC.

Any amendment to Ambient Air Quality Standards, 20.11.8 NMAC, which is filed with the state records center, shall not affect actions pending for violation of a city or county ordinance, the air quality regulations for Albuquerque and Bernalillo county or a permit issued by the de…

If any section, paragraph, sentence, clause or word of 20.11.8 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 20.11.8 NMAC.

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

If for any reason any section, subsection, sentence, phrase, clause or wording of 20.11.80 NMAC is held to be unconstitutional or otherwise invalid by any court or the United States environmental protection agency, the decision shall not affect the validity of remaining portions …