New Mexico Administrative Code

Materials incorporated by reference into any part under Chapter 2 of Title 20 may be viewed at the state records center or at the New Mexico environment department, air quality bureau.

If a federal court stays, invalidates or otherwise renders unenforceable by the Environmental Protection Agency (EPA), in whole or in part, any federal regulation incorporated by reference in any Part under Chapter 2 of Title 20, such incorporated federal regulation shall be enfo…

When directed by the Environment Department, or its designated representative, the necessary openings for sampling equipment shall be provided on stacks or other openings through which emissions are released to the atmosphere.

A. Definition: As used in this section [part], "petitioner" means a person seeking a variance from a regulation of the Environmental Improvement Board or limitation prescribed under the Air Quality Control Act pursuant to NMSA 1978, section 74-2-8. B. Petition Procedures: (1) Any…

A. Definitions: As used in this section: (1) "Claimant" refers to a person or business who makes a claim of confidentiality. (2) "Confidential business information" refers broadly to information that, if made public, would harm a business' competitive position. This includes trad…

A. All emissions standards are deemed to have at least two significant figures, but not more than three significant figures. B. At least five significant figures shall be retained in all intermediate calculations. C. In calculating emissions to determine compliance with an emissi…

A. Applicability. Pursuant to the Cross-Media Electronic Reporting Rule (CROMERR) as defined by Title 40 of the Code of Federal Regulations (CFR) Part 3, and the Uniform Electronic Transactions Act, NMSA 1978, Sections 14-16-1 to -21 (2001 as amended through 2013), any submittal …

The provisions of this Part apply to all Parts of this Chapter.

Statutory authority comes from the Environmental Improvement Act, NMSA 1978, sections 74-1-1 et seq., and the Air Quality Control Act, NMSA 1978, sections 74-2-1 et seq.

Permanent.

October 27, 1995, unless a later date is cited at the end of a section. [The latest effective date of any section in this Part is 06/01/10.]

The purpose of this Part (20.2.1 NMAC) is to establish general provisions which apply to all Parts of this Chapter (20.2.1 through 20.2.99 NMAC).

[RESERVED]

Environmental Improvement Board.

Except as provided in subsections A and B of 20.2.10.109 NMAC and subsection C of 20.2.10.111 NMAC, the owner or operator of a woodwaste burner shall not permit, cause, suffer or allow emissions from the woodwaste burner to equal or exceed an opacity of 20 percent; and no person …

A woodwaste burner, except a certified "contingency-use woodwaste burner", must be equipped with an instrument, approved by the Department, in a location, approved by the Department, which shall continuously measure and record the temperature of the exiting gases from the woodwas…

A. Certification: The Department may certify a woodwaste burner as "contingency-use woodwaste burner" if the owner or operator can demonstrate, to the satisfaction of the Department, that under normal operating conditions of the mill, the woodwaste burner will not be used to burn…

The Department shall determine the opacity of emissions from a woodwaste burner by averaging instantaneous opacity readings made at regular intervals over a time period of no less than ten minutes. Such readings shall be made only by a certified opacity reader.

All geographic areas within the jurisdiction of the Environmental Improvement Board.

Environmental Improvement Act, NMSA 1978, section 74-1-8(A)(4) and (7), and Air Quality Control Act, NMSA 1978, sections 74-2-1 et seq., including specifically, section 74-2-5(A), (B) and (C).

Permanent.

November 30, 1995. [The latest effective date of any section in this Part is 10/31/02.]

The objective of this Part is to establish controls on the use of woodwaste burners. This Part is not intended to preempt any more stringent controls on burning provided in the Board's Solid Waste Management Regulations (20.9.1 NMAC) or in any local ordinance or regulation.

In addition to the terms defined in 20.2.2 NMAC (Definitions), as used in this Part: A. "Daily burndown" means the period of operation during which the supply of woodwaste to the burner has stopped and the operation of the sawmill has ceased and does not include work shift change…

This Part amends and supersedes Air Quality Control Regulation ("AQCR") 402 - Woodwaste Burners last filed February 8, 1983. A. All references to AQCR 402 in any other rule shall be construed as a reference to this Part. B. The amendment and supersession of AQCR 402 shall not aff…

Documents cited in this Part may be viewed at the New Mexico Environment Department, Air Quality Bureau, Runnels Building, 1190 Saint Francis Drive, Santa Fe, NM 87505 [2048 Galisteo St., Santa Fe, NM 87505].

Environmental Improvement Board.

Repeal or supersession of prior versions of this Part shall not affect administrative or judicial action initiated under those prior versions.

Compliance with this Part does not relieve a person from the responsibility to comply with other applicable federal, state, or local laws, rules, or regulations, including more stringent controls.

This Part shall apply to new and existing affected electric generating facilities.

After January 1, 2023, the owner or operator of an affected EGF shall limit CO2 emissions from the EGF to no more than 1,100 pounds per megawatt-hour on a 365-operating-day rolling average basis. The calculation shall be performed within 15 days of the end of each calendar month.…

A. Owners or operators of an affected EGF shall prepare a monitoring plan to quantify the hourly CO2 mass emission rate in tons per hour (tph) in accordance with the applicable provisions of this Section and 40 CFR Part 75.53(g). The monitoring plan shall be submitted to the Depa…

A. Owners or operators shall maintain records of the information used to demonstrate compliance with this Part as specified in 40 CFR Parts 60.7(b) and 40 CFR Part 60.7(f) and shall comply with the applicable recordkeeping requirements of subpart F of 40 CFR Part 75 . Owners or o…

A. Owners or operators shall comply with the following reporting requirements: (1) Owners or operators shall submit electronic quarterly reports. For the first 12 months, owners or operators shall submit an electronic quarterly report no later than 30 days after the end of each q…

Documents incorporated and cited in this Part may be viewed at the New Mexico environment department air quality bureau.

All geographic areas within the jurisdiction of the Environmental Improvement Board.

Environmental Improvement Act, Section 74-1-1 to 74-1-16 NMSA 1978, including specifically Paragraph (4) of Subsection A of Section 74-1-8 NMSA 1978, and Air Quality Control Act, Sections 74-2-1 to 74-2-22 NMSA 1978, including specifically Subparagraph (b) of Paragraph (1) of Sub…

Permanent.

January 1, 2023, except where a later date is cited at the end of a section.

The objective of this Part is to establish a carbon dioxide (CO2) emission standard for coal-fired electric generating facilities with an original installed capacity exceeding three hundred megawatts.

In addition to the terms defined in 20.2.2.7 NMAC (Definitions), as used in this Part, the following terms apply: A. "Affected Electric Generating Facility or Affected EGF" means a new or existing electric generating facility with an original installed capacity exceeding 300 mega…

If any provision of this Part, or the application of this provision to any person or circumstance is held invalid, the remainder of this Part, or the application of this provision to any person or circumstance other than those as to which it is held invalid, shall not be affected…

This Part shall be liberally construed to carry out its purpose.

Environmental Improvement Board.

A. The owner or operator of asphalt process equipment shall not permit, cause, suffer or allow particulate matter emissions to the atmosphere in excess of the maximum amounts specified in the following table: Aggregate Process Rate Pounds per Hour Maximum Stack Emission Rate Poun…

The owner or operator of asphalt process equipment shall not operate the equipment without a fugitive dust control system. The fugitive dust control system shall be operated and maintained so that all particulate emissions are limited to the stack outlet.

A. Upon request, the Department, by written permit, may suspend the operational requirements of this Part for portable asphalt process equipment to be operated temporarily in rural areas. A permit shall not be issued for any period exceeding ninety operating days, but may be rene…