New Mexico Administrative Code

The requirements of this Part do not apply to sources within Indian Tribal jurisdiction. For the operation of sources in that jurisdiction, the applicant should make such applications to the Tribal Authority or to the Administrator, as appropriate.

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) and (D).

A. Duty to apply. For each Part 70 source, the owner or operator shall submit a timely and complete permit application in accordance with this part. B. Timely application. A timely application for a source applying for a permit under this part is: (1) for first time applications,…

A. All confidentiality claims made regarding material submitted to the Department under this Part shall be reviewed under the provisions of the New Mexico Air Quality Control Act section 74-2-11 NMSA 1978 and the New Mexico Inspection of Public Records Act, sections 14-2-1 et seq…

A. Permit conditions. (1) The department shall specify conditions upon a permit, including emission limitations and sufficient operational requirements and limitations, to assure compliance with all applicable requirements at the time of permit issuance or as specified in the app…

A. Issuance of General Permits: (1) The Department may, after notice and opportunity for public participation and US EPA and affected program review, issue a general permit covering numerous similar sources. Such sources shall be generally homogenous in terms of operations, proce…

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…

Permanent.

A. A permit (including permit renewal) or permit modification shall only be issued if all of the following conditions have been met: (1) The Department has received a complete application for a permit, permit modification, or permit renewal, except that a complete application nee…

A. Proceedings for all permit issuances (including renewals), significant permit modifications, reopenings, revocations and terminations, and all modifications to the Department's list of insignificant activities, shall include public notice and provide an opportunity for public …

A. Notification: The Department shall not issue an operating permit (including permit renewal or reissuance), minor permit modification or significant permit modification, until affected programs and the Administrator have had an opportunity to review the proposed permit as requi…

A. Hearing before the board: (1) Any person who participated in a permitting action before the department and who is adversely affected by such permitting action may file a petition for hearing before the board. For the purposes of this section, permitting action shall include th…

A. Administrative Permit Amendments: (1) An administrative permit amendment is one that: (a) Corrects typographical errors; (b) Provides for a minor administrative change at the source, such as a change in the address or phone number of any person identified in the permit; (c) In…

A. Action by the Department: (1) Each permit shall include provisions specifying the conditions under which the permit will be reopened prior to the expiration of the permit. A permit shall be reopened and revised for any of the following, and may be revoked and reissued for subp…

Pursuant to section 304 of the Federal Act, 42 USC 7604, any person may commence certain civil actions under the Federal Act.

Pursuant to New Mexico Air Quality Control Act section 74-2-8 NMSA 1978, applicants and permittees may seek a variance from the non-federally enforceable provisions of this Part.

Notwithstanding any other provision in the New Mexico State Implementation Plan approved by the Administrator, any credible evidence may be used for the purpose of establishing whether a person has violated or is in violation of the terms or conditions of a permit issued pursuant…

11/30/95, except where a later date is cited at the end of a section. [The latest effective date of any section in this part is 01/01/2011.]

The objective of this Part is to establish the requirements for obtaining an operating permit.

In addition to the terms defined in 20.2.2 NMAC (definitions), as used in this part the following definitions shall apply. A. "Acid rain source" has the meaning given to "affected source" in the regulations promulgated under Title IV of the federal act, and includes all sources s…

This Part amends and supersedes Air Quality Control Regulation ("AQCR") 770, - Operating Permits, filed November 15, 1993, as amended ("AQCR 770"). The original effective date of AQCR 770 was December 19, 1994, which was the effective date of approval, by the Administrator, of th…

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 [1301 Siler Rd., Bldg. B, Santa Fe, NM 87507].

Environmental Improvement Board.

Each owner or operator required to obtain an operating permit under 20.2.70 NMAC (Operating Permits) shall be subject to the requirements of this Part.

A. An annual operating permit emission fee shall be paid to the department by each owner or operator subject to this part. B. The fee shall be assessed: (1) for a major source as defined in 20.2.70 NMAC (Operating Permits), for all emissions units; (2) for all other stationary so…

A. Fee calculation. (1) The annual fee shall be calculated by taking the product of the allowable emission rate for each fee pollutant expressed in tons per year and the appropriate fee per ton of pollutant listed in 20.2.71.112 NMAC. (2) The allowable emission rate which shall b…

A. The fee for each fee pollutant shall be $20.00 per ton on an annual basis, except as provided for in Subsection B of 20.2.70.112 NMAC. This fee shall increase by $2.00 per ton on an annual basis beginning on January 1, 2010 through the fees due on June 1, 2012. B. The fee for …

A. Schedule. (1) The department shall by April 1 of each year provide to each owner or operator subject to this part notification, which shall contain: (a) the emissions fee based on the requirements of this part which is currently due; and (b) a summary of the basis for the requ…

All persons required to obtain a permit under 20.2.70 NMAC (Operating Permits).

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 74-2-7(B)(5).

Permanent.

November 30, 1995, unless a later date is cited at the end of a section. [The latest effective date of any section in this part is 01/09/09.]

The objective of this Part is to establish a schedule of operating permit emission fees.

In addition to the terms defined in 20.2.2 NMAC (definitions), as used in this part, the following definitions apply. A. "Allowable emission rate" means the maximum emission allowed by the more stringent emission limitation applicable to the source contained in: (1) any New Mexic…

This Part amends and supersedes Air Quality Control Regulation (AQCR) 771 -- Operating Permit Emission Fees, filed November 15, 1993, as amended. A. All references to AQCR 771 in any other rule shall be construed as a reference to this Part. B. The amendment and supersession of A…

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.

All persons who intend to construct or modify a source, except as otherwise provided by this Part.

A. Permits must be obtained from the Department by: (1) Any person constructing a stationary source which has a potential emission rate greater than 10 pounds per hour or 25 tons per year of any regulated air contaminant for which there is a National or New Mexico Ambient Air Qua…

In cases where the new source review requirements of either 20.2.74 NMAC, 20.2.77 NMAC, 20.2.78 NMAC, 20.2.79 NMAC, or 20.2.83 NMAC (Construction or Modifications of Major Sources of Hazardous Air Pollutants) apply to a new stationary source or modification in addition to this Pa…

The following exemptions are made to the following requirements of 20.2.72.200 NMAC - 20.2.72.299 NMAC. The exemptions in this section do not apply to emissions of toxic air pollutants listed under 20.2.72.502 NMAC, do not alter the calculation of the potential emissions of toxic…

A. Any person seeking a permit under Subsection A of 20.2.72.200 NMAC shall do so by filing a written application with the Department. The applicant shall submit the number of copies of the permit application specified in the applicable application form. The items of this section…

All confidentiality claims made regarding material submitted to the Department under this Part shall be reviewed under the provisions of 20.2.1 NMAC (General Provisions).

For the construction or modifications of sources within Bernalillo County, the applicant shall make such applications to the air quality control staff of the joint Albuquerque-Bernalillo County Air Quality Control Board, unless that board loses, rejects or fails to exercise autho…

A. The Department shall: (1) Make available for public inspection a list of all pending applications for permits or permit revisions; (2) Make available for public inspection the permit application and the Department's preliminary determination. This material shall be available b…

A. The Department shall, within thirty (30) days after its receipt of an application for a permit or significant permit revision, review such application and determine whether it is administratively complete. If the application is deemed: (1) administratively complete, a letter t…

The Department shall deny any application for a permit or permit revision if considering emissions after controls: A. It appears that the construction, modification or permit revision will not meet applicable regulations adopted pursuant to the Air Quality Control Act; B. The sou…