New Mexico Administrative Code

Except as otherwise provided, in evaluating air quality impacts for a proposed new source or modification of an existing source requiring a permit pursuant to 20.2.72 NMAC (Construction Permits); 20.2.74 NMAC (Prevention of Significant Deterioration (PSD)); or 20.2.79 NMAC (Permi…

The provisions of 20.2.80.109 NMAC shall not apply to: A. Stack heights in existence or dispersion techniques implemented on or before December 31, 1970, except where air contaminants are being emitted from such stacks or using such dispersion techniques by sources, as defined in…

A. Notification: Before the Department issues a permit, pursuant to 20.2.72 NMAC, 20.2.74 NMAC, or 20.2.79 NMAC, which contains a new or revised emission limitation that is based on a good engineering stack height that exceeds the height allowed by 40 CFR Part 51 Section 51.100(i…

Because sources subject to the federal stack height regulation cannot be granted variances from that requirement, the requirements of this Part shall not be subject to section 74-2-8 NMSA 1978.

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

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.

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 the evaluation of stack heights and other dispersion techniques in permitting decisions.

In addition to the terms defined in 20.2.2 NMAC (Definitions), the definitions in 40 CFR Sections 51.100(z) and (ff)-(kk) (1987) are hereby incorporated as state regulations and, as used in this Part: "Part" means an air quality control regulation under Title 20, Chapter 2 of the…

This Part amends and supersedes Air Quality Control Regulation ("AQCR") 710, -- Stack Height Requirements, last filed March 15, 1988, as amended. A. All references to AQCR 710 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, Harold Runnels Building, 1190 Saint Francis Drive, Santa Fe, NM 87505 [2048 Galisteo St., Santa Fe, NM 87505].

Environmental Improvement Board.

A. Except as provided in Subsection B of this section, the provisions of 20.2.81 NMAC shall apply on the program trigger date that is established in accordance with the procedures outlined in the sulfur dioxide milestones and backstop trading program implementation plan. B. 20.2.…

A. General applicability. 20.2.81 NMAC applies to any stationary source or group of stationary sources that are located on one or more contiguous or adjacent properties and which are under the control of the same person or persons under common control, belonging to the same indus…

Each WEB source must identify one account representative and may also identify an alternate account representative who may act on behalf of the account representative. Any representation, action, inaction or submission by the alternate account representative will be deemed to be …

A. Deadlines. (1) Each source that is a WEB source on or before the program trigger date shall register by submitting the initial certificate required in Subsection A of 20.2.81.102 NMAC to the department no later than 180 days after the program trigger date. (2) Any existing sou…

A. The tracking system administrator shall record the allowances for each WEB source in the compliance account for a WEB source once the allowances are allocated by the department under section C1 of the sulfur dioxide milestones and backstop trading program implementation plan. …

A. Allowance tracking system accounts. All WEB sources shall open a compliance account. Any person may open a general account for holding and transferring allowances. In addition, if a Web source conducts monitoring under Subsection B of 20.2.81.106 NMAC, the WEB source shall ope…

A. For each sulfur dioxide emitting unit at a WEB source shall comply with the following, as applicable, to monitor and record sulfur dioxide mass emissions. (1) If a unit is subject to 40 CFR Part 75 under a requirement separate from the WEB trading program, the unit shall meet …

A. Procedure. To transfer allowances, the account representative shall submit the following information to the tracking system administrator: (1) the transfer account number(s) identifying the transferor account; (2) the transfer account number(s) identifying the transferee accou…

A. Any allowance that is held in a compliance account or general account shall remain in such an account unless and until the allowance is deducted in conjunction with the compliance process, or transferred to another account. B. In order to demonstrate compliance under Subsectio…

A. Compliance with allowance limitations. (1) The WEB source shall hold allowances, in accordance with Paragraph 2 of Subsection A of 20.2.81.109 NMAC and 20.2.81.108 NMAC, as of the allowance transfer deadline in the WEB source's compliance account (together with any current con…

A. If the WEB trading program is triggered as outlined in section A of the sulfur dioxidemilestones and backstop trading program implementation plan, and the first control period will not occur until after the year 2018, the following provisions shall apply for the 2018 emissions…

A. Applicability. (1) The provisions of this protocol are applicable to fuel gas combustion devices at petroleum refineries. (2) Fuel gas combustion devices include boilers, process heaters, and flares used to burn fuel gas generated at a petroleum refinery. (3) Fuel gas means an…

A. Applicability. The provisions of this protocol are applicable to cement kilns or lime kilns that: (1) are controlled by a positive pressure fabric filter; (2) combust only a single fuel, no fuel blends; and (3) have operating conditions upstream of the fabric filter that the W…

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.

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 July 6, 2011.]

A. 20.2.81 NMAC implements the western backstop sulfur dioxidetrading program ("WEB trading program") provisions required under the federal regional haze rule, 40 CFR 51.309, and New Mexico's regional haze implementation plan. B. Nothing in 20.2.81 NMAC waives any requirement oth…

In addition to the terms defined in 20.2.2 NMAC (Definitions), as used in this part, the following definitions shall apply. A. "Account certificate of representation" means the completed and signed submission required to designate an account representative for a web source or an …

New Mexico Environmental Improvement Board.

The following modifications or exceptions are made to the incorporated federal standards: A. general provisions: amend 40 CFR Part 63, Subpart A - General Provisions, Section 63.2, Definitions, as follows: For the purposes of delegation of authority which the administrator of the…

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 63, as amended through June 28, 2023.

Environmental Improvement Act, Paragraphs (4) and (7) of Subsection (A) of Section 74-1-8 NMSA 1978, and Air Quality Control Act, NMSA 1978, Sections 74-2-1 et seq., including specifically, Subsections (A), (B) and ( D) of Section 74-2-5. Subsection ( D) of Section 74-2-5 provide…

Permanent.

November 27, 1994, 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 12/19/13]

The objective of this part is to adopt or establish state authority to implement emission standards for hazardous air pollutants for the source categories in New Mexico subject to federal standards. The United States environmental protection agency requires New Mexico to adopt su…

[Reserved]

Except as otherwise provided in Section 20.2.82.10 NMAC (below), the national emission standards for hazardous air pollutants for source categories as promulgated by the United States environmental protection agency, 40 CFR Part 63, as amended in the Federal Register through June…

The owner or operator of a source subject to these provisions, that will be constructing or reconstructing after June 29, 1999, shall not construct or reconstruct unless: A. the source has received a maximum achievable control technology (MACT) determination and approval from the…

New Mexico Environmental Improvement Board.

The following modifications or exceptions are made to the incorporated federal rules: A. for purposes of this part, the term "permitting authority" shall mean the department; and B. requirements imposed on affected sources under the federal Act shall not be subject to NMSA 1978, …

All affected sources under the federal acid rain program which operate in the jurisdiction of this part.

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 …