New Mexico Administrative Code

[RESERVED]

This part amends and supersedes Air Quality Control Regulation (AQCR) 750, last filed on April 10, 1994. All references to AQCR 750 in any other rule shall be understood as a reference to this part.

Except as otherwise provided, the new source performance standards as promulgated by the United States environmental protection agency, 40 CFR Part 60, as amended in the Federal Register through June 28, 2023 are hereby incorporated into this part (20.2.77 NMAC).

New Mexico Environmental Improvement Board.

The following modifications or exceptions are made to the incorporated federal standards: A. amend 40 CFR Part 61, Section 61.02, 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]

All sources emitting hazardous air pollutants which are subject to the requirements of 40 CFR Part 61, as amended through June 28, 2023.

The environmental improvement board "shall promulgate regulations and standards in...air quality management" (Subsection (A) of Section 74-1-8 NMSA 1978) and "regulations adopted by the environmental improvement board...may ...prescribe standards of performance for sources and em…

Permanent.

June 16, 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 September 2, 2011]

The objective of Part 78 of Chapter 2 is to adopt or establish state authority to implement emission standards for hazardous air pollutants in New Mexico subject to 40 CFR Part 61.

[RESERVED]

This part amends and supersedes Air Quality Control Regulation (AQCR) 751, last filed on April 10, 1994. All references to AQCR 751 in any other rule shall be understood as a reference to this part.

Except as otherwise provided, the national emission standards for hazardous air pollutants as promulgated by the United States environmental protection agency, 40 CFR Part 61, as amended in the Federal Register through June 28, 2023 are hereby incorporated into this part (20.2.78…

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. Any person constructing any new major stationary source or major modification shall obtain a permit from the department in accordance with the requirements of this part prior to the start of construction or modification if either of the following conditions apply: (1) the majo…

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

A. The requirements of this Part shall apply as though construction had not yet commenced at the time that a source or modification becomes a major source or major modification solely due to a relaxation in any enforceable limitation established after August 7, 1980. B. The issua…

The owner or operator of a proposed major stationary source or major modification shall submit all information necessary to perform any analysis or make any determination required under this Part. The items of this section are required before the Department may deem an applicatio…

In order for a permit to be granted, all of the following conditions shall be met: A. The major stationary source or major modification shall be designed such that the lowest achievable emission rate (LAER) will be met and maintained for each pollutant emitted which is subject to…

A. The requirements of this section apply only to proposed major stationary sources or major modifications that meet the criteria of paragraph (1) of subsection A of 20.2.79.109 NMAC and that also are major stationary sources or major modifications as defined in 20.2.74 NMAC. A m…

The baseline for determining credit for emission offsets shall be the most stringent emissions limitation pursuant to a New Mexico air quality regulation or federally enforceable permit which is applicable and in effect at the time the application to construct is filed. If neithe…

All emission offsets approved by the department shall meet the following criteria. A. All emission reductions claimed as offset credit shall be from decreases of the same pollutant for which the offset is required. B. All emission reductions claimed as offset credit shall occur p…

A. Any stationary source which decreases actual emissions of a regulated pollutant in excess of the requirements of this Part or any other applicable air quality regulation or permit emission limitation may preserve or bank such excess emission reductions for sale or future use. …

All demonstrations of the occurrence of a net air quality benefit shall meet the following criteria: A. Emission offsets for volatile organic compounds or nitrogen oxides emissions impacting an ozone nonattainment area may be obtained from sources located in the broad vicinity of…

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

A. Significant ambient concentrations: Pollutant [Concentration in micrograms per cubic meter (µg/m3) or milligrams per cubic meter (mg/m3)] Averaging Time Annual 24-hr 8-hr 3-hr 1-hr Sulfur dioxide 1.0 µg/m3 5 µg/m3 -- 25 µg/m3 -- PM10 1.0 µg/m3 5 µg/m3 -- -- -- PM2.5 0.3 µg/m3 …

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

A. Applicability. (1) The department may approve the use of an actuals PAL for any existing major stationary source (except as provided in Paragraph (2) of this subsection) if the PAL meets the requirements of this section. The term "PAL" shall mean "actuals PAL" throughout this …

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

The existence of a valid permit under this part shall not constitute a defense to a violation of any section of this part, except the requirement for obtaining a permit.

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

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, sections 74-2-5(C)(1) and 74-2-7(A)(1), (B), (C) and (D).

Permanent.

November 30, 1995 except where a later date is cited at the end of a section.

The objective of this Part is to establish the requirements for obtaining a nonattainment area permit.

In addition to the terms defined in 20.2.2.7 NMAC (Definitions), as used in this part, the following terms apply. A. "Actual emissions" means the actual rate of emissions of a regulated new source review pollutant from an emissions unit, as determined in accordance with the follo…

This Part amends and supersedes Air Quality Control Regulation ("AQCR") 709 -- Permits -- Nonattainment Areas last filed June 25, 1992, as amended ("AQCR 709"). A. All references to AQCR 709 in any other rule shall be construed as a reference to this Part. B. The amendment and su…

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

Environmental Improvement Board.

When emissions generated from sources in New Mexico cross the state boundary line, such emissions shall not exceed the standards and regulations of the receiving state, provided, regulations are in effect and reciprocal action is taken by the receiving state.

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 requirements for emissions leaving New Mexico.