New Mexico Administrative Code

Any owner or operator subject to this Part shall notify the Department in writing of or provide the Department with: A. Anticipated date of initial startup of a source not less than thirty (30) days prior to the date; B. Actual date of initial startup of a source within fifteen (…

Within sixty (60) days after achieving the maximum production rate at which the source will be operated but not later than one hundred eighty (180) days after initial startup of the source, the owner or operator of the source may be required to conduct a performance test. The tes…

A. Upon application by any person or group of persons, or upon the initiative of the Department, the board may exempt any source or class of sources, from any procedural requirement of this Part except the requirement to obtain a permit prior to commencement of construction if th…

A. The Department may issue an emergency permit when the Secretary determines an emergency exists which threatens the public health, safety or welfare, and which requires the rapid construction or modification of, or installation of equipment in, a facility subject to this Part i…

A. The requirements of this section apply to: (1) a new source or modification of an existing source that will emit a regulated air contaminant such that the ambient impact of the contaminant would exceed the significant ambient concentration in 20.2.72.500 NMAC, table 1, at any …

A. Notwithstanding any other provision in the New Mexico State Implementation Plan approved by the Administrator, for the purpose of determining compliance, an owner or operator is not prohibited from using monitoring as required under 20.2.70 NMAC and incorporated into an operat…

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…

A. Administrative Permit Revisions: (1) Administrative permit revision procedures may be used only for those permit revisions that: (a) Correct typographical errors; (b) Provide for a minor administrative change at the source, such as a change in ownership or a change in the addr…

A. Issuance of General Construction Permits: (1) The Department may, after notice under Subsections A and B of 20.2.72.206 NMAC and a public hearing with opportunity for public participation under Subsection C of 20.2.72.206 NMAC issue one or more general construction permits, ea…

A. Qualified Outside Firms: (1) The Department shall request proposals from persons interested in providing assistance as a qualified outside firm in the accelerated review of construction permit applications under this Part. (2) The Department shall evaluate the proposal submitt…

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(A)(1), (B), (C) and (D).

In addition to the definitions in 20.2.72.7 NMAC, the following definitions apply to 20.2.72.300 NMAC - 20.2.72.399 NMAC: A. "Compressor station" means a facility whose primary function is the extraction of crude oil, natural gas, or water from the earth with compressors, or move…

A. Any owner or operator intending to construct or modify a source which requires a permit under the provisions of 20.2.72.200 NMAC may elect to obtain a permit under 20.2.72.300 NMAC - 20.2.72.399 NMAC if the source category is listed in 20.2.72.501 NMAC. B. 20.2.72.300 NMAC - 2…

A. Any person seeking a permit under 20.2.72.300 NMAC - 20.2.72.399 NMAC shall do so by filing a written application with the Department. For those applications not qualifying under Subsection A of 20.2.72.303 NMAC, the applicant shall also: (1) Provide by certified mail a comple…

A. Applications qualifying under the following paragraphs of 20.2.72.300 NMAC - 20.2.72.399 NMAC are not subject to Subsection B of 20.2.72.303 NMAC and Paragraph 2 of Subsection C of 20.2.72.303 NMAC: Paragraphs 1 and 2 of Subsection D of 20.2.72.301 NMAC. B. The applicant shall…

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

All sources permitted pursuant to 20.2.72.300 NMAC - 20.2.72.399 NMAC shall operate in compliance with the following conditions: A. A copy of the most recent permit issued by the Department shall be made available to Department personnel for inspection upon request. If the permit…

A. In addition to the general conditions of 20.2.72.305 NMAC, each permitted source listed in 20.2.72.501 NMAC (Table 2) shall also comply with the applicable source class requirements below: (1) Requirements for source class category 1 - reciprocating internal combustion (IC) en…

Permanent. Notwithstanding the applicability provisions of 20.2.72.402 NMAC, the Department is stayed from enforcing requirements relating to asphalt fumes as a toxic air pollutant for new or modified sources until September 1, 1997.

The Board is concerned about the increasingly common presence of toxic air pollutants in the ambient air. The Board believes that the best approach to regulating sources of toxic air pollutants over the long term is to set ambient standards for each pollutant of concern. However,…

In addition to the definitions in 20.2.72.7 NMAC, the following definitions apply to 20.2.72.400 NMAC - 20.2.72.499 NMAC: A. "Best available control technology" means an emission limitation based on the maximum degree of reduction in emissions of each contaminant subject to this …

A. All the requirements of 20.2.72.400 NMAC - 20.2.72.499 NMAC for toxic air pollutants shall supplement other provisions of this Part (20.2.72 NMAC). B. A permit must be obtained from the Department by any person prior to the construction or modification of a new source which ha…

A. For the Department to deem administratively complete a permit application for the emission of a toxic air pollutant, the application shall contain, in addition to the requirements of 20.2.72.203 NMAC, the following items: (1) Identification of all toxic air pollutants that may…

In addition to the requirements of 20.2.72.206 NMAC: A. The Department shall meet with the applicant during the permit application process, prior to deeming the application administratively complete, to discuss the need for additional data and information not initially submitted …

In making its decisions, the Department shall consider emissions after control. A. Ambient concentrations not exceeding one one-hundredth of the OEL or the minimum detection level for compounds without an OEL: If the Department finds that the eight-hour average concentration of t…

November 30, 1995 except where a later date is cited at the end of a section or paragraph. [The latest effective date of any section in this Part is 9/6/06.]

Pollutant Averaging Time Total Suspended Particulate 1.0 ug/m3 (Annual) 5.0 ug/m3 (24-hour) PM10 1.0 ug/m3 (Annual) 5.0 ug/m3 (24-hour) Sulfur Dioxide 1.0 ug/m3 (Annual) 5.0 ug/m3 (24-hour) 25.0 ug/m3 (3-hour) Hydrogen Sulfide 1.0 ug/m3 (1-hour) 5.0 ug/m3 (1/2-hour) Carbon Monoxi…

1. Reciprocating internal combustion engines including portable or temporary engines 2. Turbines

Table A- Noncarcinogens Emissions SUBSTANCE OEL in pounds mg/m3 per hour Acetic acid........................................................................................................... 25.0 1.67 Acetic anhydride..............................................................…

The objective of this part is to establish the requirements for obtaining a construction permit.

In addition to the terms defined in 20.2.2 NMAC (Definitions) as used in this Part: A. "Accelerated review" means an optional process of permit application review that allows the Department to utilize a qualified outside firm to assist in review of a construction permit applicati…

This Part amends and supersedes Air Quality Control Regulation ("AQCR") 702 - Permits, filed May 29, 1990, as amended ("AQCR 702"). A. All references to AQCR 702 in any other rule shall be construed as a reference to this Part. B. The amendment and supersession of AQCR 702 shall …

Documents incorporated and cited in this Part may be viewed at the New Mexico Environment Department, Air Quality Bureau, Harold Runnels Building, 1190 St. Francis Drive, Santa Fe, NM 87505.

Environmental Improvement Board.

This part amends and supersedes Air Quality Control Regulation ("AQCR") 703.1 - Notice of Intent and Emissions Inventory Requirements last filed May 29, 1990, as amended ("AQCR 703.1"). A. All references to AQCR 703.1 in any other rule shall be construed as a reference to this pa…

All persons who own or operate a source or who intend to construct or modify a source.

A. Applicability: (1) Any owner or operator intending to construct a new stationary source which has a potential emission rate greater than 10 tons per year of any regulated air contaminant or 1 ton per year of lead shall file a notice of intent with the department. (2) Any owner…

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(A)(1) and (B).

A. Applicability. The requirements of 20.2.73.300 NMAC apply to the owner or operator of any stationary source located outside of Bernalillo county which: (1) has been issued a permit under 20.2.72 NMAC (Construction Permits) during any period of time, except for toxic air pollut…

Permanent.

November 30, 1995 except where a later date is cited at the end of a section or paragraph. [The latest effective date of any section in this Part is July 6, 2011.]

The objective of this part is to establish requirements for the submission of certain relevant information to ensure that the regulations and standards under the Air Quality Control Act and the federal act will not be violated, and to facilitate the quantification of greenhouse g…

In addition to the terms defined in 20.2.2 NMAC (Definitions), as used in this part, the following apply. A. "Air pollution control equipment" means any device, equipment, process or combination thereof the operation of which would limit, capture, reduce, confine, or otherwise co…

New Mexico 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 persons or circumstances other than those as to which it is held invalid, shall not be affected …

A. Mandatory Class I Federal areas: (1) The following areas which were in existence on August 7, 1977, shall be mandatory Class I Federal areas and may not be redesignated: (a) International parks (all of them); (b) National wilderness areas which exceed 5,000 acres in size; (c) …

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