New Mexico Administrative Code

The land manager or owner of property on which a wildfire exceeding 100 acres in area occurs shall complete and submit to the department a fire activity tracking form no later than six weeks or by November 1 of that year, whichever is earlier, following the cessation of fire figh…

All geographic areas within the jurisdiction of the environmental improvement board.

Environmental Improvement Act, NMSA 1978, Subsection 74-1-8(A) (4) and Air Quality Control Act, NMSA 1978, Sections 74-2-1 to -22, including specifically, Subsections 74-2-5(A), (B) and (C).

Permanent.

December 31, 2003, except where a later date is cited at the end of a section. [The latest effective date of any section in this part is December 31, 2003.]

The objective of this part is to manage the air quality impacts of smoke from all sources of fire. This part does not preempt any more stringent controls on burning provided in: A. any other New Mexico statute or regulation or any local law, ordinance or regulation; or B. any law…

In addition to the terms defined in 20.2.2 NMAC (definitions), as used in this part: A. "alternatives to burning" means treatments employing manual, mechanical, chemical, or biological methods to manage vegetation or fuel loads or land management practices that treat vegetation (…

Environmental Improvement Board.

All persons who intend to construct or modify a cotton ginning facility as defined in this part, except as otherwise provided by this part.

The department shall not deny issuance or revision of an air quality construction permit under 20.2.72 NMAC to any cotton ginning facility, as defined in Subsection C of 20.2.66.7 NMAC, if the permit application and the permit conditions meet the requirements of this part.

Permit applications for each permit issued in accordance with 20.2.66.200 NMAC shall: A. meet all requirements for the contents of permit applications under Paragraphs (1) through (3), (5) through (15) of Subsection A of 20.2.72.203 NMAC and Subsections B through E of 20.2.72.203…

Permits issued in accordance with 20.2.66.200 NMAC shall include the following best system of emissions reduction, as well as other conditions, including but not limited to recordkeeping, monitoring, reporting requirements, and test methods, as required to ensure the enforceabili…

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

Permanent.

April 7, 2005 except where a later date is cited at the end of a section.

The objective of this part is to specify the best system of emissions reduction for cotton ginning facilities under the provisions of Air Quality Control Act, NMSA 1978 ("the act"), Section 74-2-7(O), and to assure that permits issued under this part assure the maintenance of nat…

In addition to the terms defined in 20.2.2 NMAC (Definitions), as used in this part. A. "Bale" means a unit of measurement to denote an amount of lint cotton with a nominal weight of 500 pounds. B. "Class I area" means any federal land area that is classified or reclassified as c…

Documents incorporated and cited in this part may be viewed at the New Mexico environment department, air quality bureau, 2048 Galisteo Street, Santa Fe, NM 87505.

Environmental Improvement Board.

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

A. Any source: (1) whose operation results in an emission of an air contaminant, 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 20.2.73 NMAC…

The emission of an air contaminant 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 to an en…

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

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. (1) Initial report: the owner or operator …

A. The owner or operator of a source subject to this part may claim an affirmative defense for an excess emission during malfunction for a civil penalty in an administrative or judicial enforcement action, except for an action to enforce a federal new source performance standard.…

A. The owner or operator of a source subject to this part may claim an affirmative defense for an excess emission during startup or shutdown for a civil penalty in an administrative or judicial enforcement action, except for an action to enforce a federal new source performance s…

A. An "emergency" means any situation arising from sudden and reasonably unforeseeable events beyond the control of the permittee, including acts of God, which situation requires immediate corrective action to restore normal operation, and that causes the source to exceed a techn…

A. The owner or operator of a source having an excess emission, upon written request of the department, shall prepare an analysis that uses appropriate analytical tools and contains the following information. (1) an analysis describing the root cause and all contributing causes o…

The department may issue a determination regarding an owner or operator's assertion of the affirmative defense under Section 111, 112, or 113 of 20.2.7 NMAC on the basis of any relevant information, including but not limited to information submitted pursuant to this part or obtai…

The department may commence an administrative or judicial enforcement action against the owner or operator of a source for an excess emission for which it has made a determination pursuant to Section 115 of 20.2.7 NMAC if the department determines that the excess emission is rela…

. Repeal or supersession of a prior version of this part shall not affect any administrative or judicial action initiated under that prior version.

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

A. The owner or operator of a source subject to a permit or to the notification requirement under section 15 of this part, shall establish and implement a plan to minimize emissions during routine or predictable startup, shutdown, and scheduled maintenance through work practice s…

A. If the inclusion of emissions during routine or predictable startup, shutdown, or scheduled maintenance in addition to the potential emission rate or potential to emit of a source could exceed an applicable emissions limitation, or would cause the source to exceed an applicabi…

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.

08/01/08, unless a later date is cited at the end of a section. [The latest effective date of any section in this part is 8/1/2008.]

A. Establish requirements for a source whose operation results in an excess emission. B. Establish criteria for a source whose operation results in an excess emission to claim an affirmative defense in an administrative or judicial enforcement action from a civil penalty.

In addition to the terms defined in 20.2.2 NMAC (Definitions), as used in this part, the following definitions apply. A. "Air pollution control equipment" means any apparatus, including acid plants, afterburners, baghouses, cyclones, electrostatic precipitators, flares, incinerat…

. This part supersedes New Mexico Administrative Code ("NMAC") 20.2.7 -- Excess Emissions During Malfunction, Startup, Shutdown, or Scheduled Maintenance last filed October 30, 1995.

No documents are cited in this part.

Environmental Improvement Board.

All persons who own or operate a major source or any other source required to obtain a permit under this Part.

Operating permits must be obtained from the Department for the following sources: A. Any major source; B. Any source, including an area source, subject to a standard or other requirement promulgated under section 111 -- Standards of Performance for New Stationary Sources, or sect…

A. A Part 70 source may operate after the time that it is required to submit a timely and complete application under this part only if: (1) the source is in compliance with an operating permit issued by the department or EPA; or (2) a timely permit (including permit renewal) appl…