New Mexico Administrative Code

Any person constructing any new major stationary source or major modification as defined in this Part, that emits or will emit regulated pollutants in an attainment or unclassified area.

A. The requirements of this part apply to the construction of any new major stationary source (as defined in 20.2.74.7 NMAC) or any project at an existing major stationary source in an area designated as attainment or unclassifiable. B. The requirements of Sections 300 through 30…

This Part shall not apply to: A. Each regulated pollutant emitted for which the area the source proposes to locate in is designated as nonattainment; B. Sources or modifications that are part of a nonprofit health or nonprofit educational institution and are approved by the Secre…

The Environmental Improvement Board "shall promulgate regulations and standards in...air quality management" (NMSA 1978, section 74-1-8.A) and "the environmental improvement board...shall adopt...regulations to attain and maintain national ambient air quality standards and preven…

A. Any owner or operator who begins actual construction or operates a source or modification without, or not in accordance with, a permit issued under the requirements of this part shall be subject to enforcement action. B. The issuance of a permit does not relieve any person fro…

The owner or operator of a proposed source or modification shall submit all information necessary to perform any analysis or make any determination required under this Part. A. Information shall include, but is not limited to:(1) A description of the nature, location, design capa…

A. A new major stationary source shall apply Best Available Control Technology for each regulated pollutant that it would have the potential to emit in amounts equal to or greater than the significance levels as listed in Table 2 of this Part (20.2.74.502 NMAC). This requirement …

A. The requirements of this section shall apply to each pollutant emitted by a new major stationary source or major modification in amounts equal to or greater than those in Table 2 of this Part (20.2.74.502 NMAC). For PM10, the source will only be required to perform ambient imp…

A. The owner or operator of the proposed major stationary source or major modification shall provide an analysis of the impairment to visibility, soils, and vegetation that would occur as a result of the source or modification and general commercial, residential, industrial, and …

All estimates of ambient concentrations required by this Part shall be based on applicable air quality models, data bases, and other requirements as specified in EPA's Guideline on Air Quality Models (EPA-450/2-78-027 R, July, 1986), its revisions, or any superseding EPA document…

A. Any application for a permit under this part shall contain an analysis of ambient air quality. Air quality data can be that measured by the applicant or that available from a government agency in the area affected by the major stationary source or major modification. The analy…

The requirements of 20.2.74.304 NMAC and 20.2.74.306 NMAC shall not apply to a temporary source subject to this Part for a given pollutant if the allowable emissions of such pollutant would not impact any Class I Federal area or any areas where an applicable increment is violated…

A. Applicability. (1) The department may approve the use of an actuals PAL, including for GHGs on either a mass basis or a CO2e basis, for any existing major stationary source or any other existing GHG-only source if the PAL meets the requirements in this section. The term "PAL" …

Permanent.

A. The Department shall, within thirty (30) days after receipt of an application, review such application and determine whether it is administratively complete or there is any deficiency in the application or information submitted. To be deemed administratively complete, the appl…

The Department shall review all applications in accordance with the provisions of 20.2.80 NMAC (Stack Heights) (formerly Air Quality Control Regulation 710 -- Stack Height Requirements).

Following a public hearing, the Secretary may exclude the following concentrations in determining compliance with a maximum allowable increase: A. Concentrations due to the increase in emissions from stationary sources, over the emissions from such sources before the effective da…

A. The department shall transmit to the administrator and the federal land manager a copy of each permit application relating to a major stationary source or major modification proposing to locate within one hundred (100) kilometers of any Class I federal area. The complete permi…

July 20, 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 8/18/14.]

A. Carbon black plants (furnace process) B. Charcoal production plants C. Chemical process plants D. Coal cleaning plants (with thermal dryers) E. Coke oven batteries F. Fossil fuel boilers (or combinations thereof) totaling more than 250 million BTU/hr heat input G. Fossil fuel-…

POLLUTANT EMISSION RATE (TONS/YR) Carbon monoxide 100 Fluorides 3 Lead 0.6 Municipal waste combustor Acid gases (measured as sulfur dioxide and hydrogen chloride) 40 (36 megagrams/year) Metals (measured as particulate matter 15 (14 megagrams/year) Organics (measured as total tetr…

POLLUTANT AIR QUALITY CONCENTRATION micrograms per cubic meter AVERAGING TIME Carbon monoxide 575 8 hours Fluorides 0.25 24 hours Lead 0.1 3 months Nitrogen dioxide 14 Annual Ozone b PM10 10 24 hours PM2.5 0c Sulfur compounds Hydrogen sulfide (H2S) 0.20 1 hour Reduced sulfur comp…

Micrograms per cubic meter (µg/m3) Class I Class II Class III Nitrogen Dioxide annual arithmetic mean 2.5 25 50 Particulate Matter PM10, annual arithmetic mean 4 17 34 PM10, 24-hour maximum 8a 30a 60a PM2.5 annual arithmetic mean 1 4 8 PM2.5 24-hour maximum 2 a 9 a 18 a Sulfur Di…

Micrograms per cubic meter (µg/m3) Nitrogen Dioxide annual arithmetic mean 25 Particulate Matter PM10, annual arithmetic mean 17 PM10, 24-hour maximum 30 PM2.5, annual arithmetic mean 4 PM2.5, 24-hour maximum 9 Sulfur Dioxide annual arithmetic mean 20 24-hour maximum 91 3-hour ma…

Micrograms per cubic meter (µg/m3) Terrain Areas Period of Exposure Low High 24-hr. maximum 36 62 3-hr. maximum 130 221

The purpose of this Part is to require any person constructing any new major stationary source or major modification as defined in this Part, that emits or will emit regulated pollutants in an attainment or unclassified area, to obtain a permit from the Department in accordance w…

Terms used but not defined in this part shall have the meaning given them by 20.2.2 NMAC (Definitions) (formerly AQCR 100). As used in this part the following definitions shall apply. A. "Act" means the Federal Clean Air Act, as amended, 42 U. S. C. Sections 7401 et seq. B. "Actu…

This Part amends and supersedes Air Quality Control Regulation (AQCR) 707, which was originally filed on February 14, 1984, and subsequently refiled on July 15, 1986; August 1, 1988; and May 29, 1990. All references to AQCR 707 in any other rule shall be understood as a reference…

Documents 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 87503 [1301 Siler Rd., Bldg. B, Santa Fe, NM 87507].

Environmental Improvement Board.

A. A filing fee of five hundred dollars ($500) shall be submitted with each filing of a notice of intent, application for a permit to construct or modify a source, or revision of a permit. The filing fee shall be applied to the total permit fee determined from the fee schedule in…

A. The permit fee shall be based on the following point-based fee schedule. ACTION # OF POINTS 1. CONSTRUCTION PERMIT/TECHNICAL REVIEW OF EXISTING PERMIT Technical Complexity 1-5 Fee Units 5 6-15 Fee Units 1 point per fee unit 15 Fee Units 15 Fugitive Emissions Fee Unit 5 Portabl…

A. The Department shall refuse to accept any permit application without payment of the filing fee at the time the application is received by the Department. The filing fee and the accelerated review filing fee are non-refundable. B. An invoice for permit fees shall be mailed to t…

The Department shall prepare a review of the construction permit fees and construction permit program costs annually. The review shall include information on the budgets, expenditures, fund balance, and related projections. The review shall be presented to the Board within six mo…

A. All persons who apply for a permit to construct or modify a source or revise a permit, or who request a technical review of an existing permit under 20.2.72 NMAC. Part 70 (20.2.70 NMAC) operating permit emission fees are covered under 20.2.71 NMAC. B. The requirements concerni…

Environmental Improvement Act, Paragraph 4 of Subsection A of Section 74-1-8 NMSA 1978, and Air Quality Control Act, Chapter 74, Article 2 NMSA 1978, including specifically, Paragraph 6 of Subsection B of Section 74-2-7 NMSA 1978.

Permanent.

March 2, 2001 except where a later date is cited at the end of a section. A. For applications received prior to the effective date of this regulation, the provisions in 20.2.75 NMAC, as effective as of the date of the receipt of the application, remain effective, and fees shall b…

The objective of this Part is to establish a schedule of fees for the construction permit program, including construction permits, permit revisions, and technical reviews of existing permits.

In addition to the terms defined in 20.2.2 NMAC (definitions) or 20.2.72 NMAC (construction permits), as used in this Part: A. "air toxics review" means the required review of a permit application for the potential emission of an air toxic regulated by 20.2.72.400 NMAC - 20.2.72.…

This Part amends and supersedes Air Quality Control Regulation 700 - Filing and Permit Fees, filed November 20, 1989, as amended (AQCR 700). A. All references to AQCR 700 in any other rule shall be construed as a reference to this Part. B. The amendment and supersession of AQCR 7…

Documents cited in this Part may be viewed at the New Mexico Environment Department, Air Quality Bureau, Santa Fe, NM.

New Mexico Environmental Improvement Board.

The following modifications or exceptions are made to the incorporated federal standards: A. Amend 40 CFR Part 60, Section 60.2, Definitions, as follows: For the purposes of delegation of authority which the administrator of the United States environmental protection agency may, …

Documents incorporated and cited in this part may be viewed at the New Mexico environment department, air quality bureau. [As of April 2013, the air quality bureau is located at 525 Camino de los Marquez, Suite 1, Santa Fe NM, 87505]

Any stationary source constructing or modifying and which is subject to the requirements of 40 CFR Part 60, as amended through June 28, 2023.

The environmental improvement board "shall promulgate regulations and standards in...air quality management" (NMSA 1978, Section 74-1-8.A) and "regulations adopted by the environmental improvement board...shall...ensure that regulations and standards under...the federal act will …