New Mexico Administrative Code

"affected source" has the meaning given to that term in the federal regulations promulgated under Title IV of the federal act, and includes all sources subject to Title IV of the federal Act.

Except as otherwise provided in 20.2.84.10 NMAC, the portions of the federal acid rain program promulgated by the United States environmental protection agency under 40 CFR Part 72 (including all portions of Parts 73, 74, 75, 77 and 78 referenced therein) and 76, and amended in t…

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 87503.

Environmental Improvement Board.

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

The part applies to all coal-fired power plants within the jurisdiction of the environmental improvement board, except for coal-fired power plants constructed and generating electric power and energy before July 1, 2007.

Prior to and at all times when generating electric power, each coal-fired power plant shall implement a control strategy for mercury emissions that removes the greater of what is achievable with best available control technology or ninety percent removal of the mercury from the i…

Coal-fired power plants constructed and generating electric power before July 1, 2007 are not subject to this part.

Any provision of this part that applies to a coal-fired power plant shall also apply to the owners and operators of such coal-fired power plant.

A. As a component of a 20.2.72 NMAC, 20.2.74 NMAC or 20.2.79 NMAC permit application, the owner or operator of any power plant subject to this part shall submit to the department a control strategy selection report that analyzes control of mercury emissions. The control strategy …

A. Any power plant subject to this part with a nameplate capacity of greater than 25 megawatts electric producing electricity for sale shall comply with all applicable requirements for monitoring and reporting pursuant to 20.2.85.111 NMAC and 40 CFR 75 subpart I. B. Any power pla…

A. For the purpose of determining compliance with this part the department may inspect any power plant and may inspect and copy related records, including records documenting the effectiveness of the mercury control strategy. B. For the purpose of determining compliance with this…

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

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 operate or intend to construct a coal-fired power plant within the jurisdiction of the environmental improvement board, except those coal-fired power plants constructed and generating electric power and energy before July 1, 2007.

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 74-2-5(C)(4).

Permanent.

02/10/08 except where a later date is cited at the end of a section.

The objective of this part is to require implementation of mercury emission control strategies for coal-fired power plants subject to this part.

In addition to the terms defined in 20.2.2 NMAC (Definitions) and 20.2.74 NMAC (Permits - Prevention of Significant Deterioration (PSD)), as used in this part, the following definitions apply. A. "Best available control technology (BACT)" means an emissions limitation as defined …

Documents incorporated and cited in this part may be viewed at the New Mexico environment department air quality bureau offices in Santa Fe. [The current address for the New Mexico environment department air quality bureau is 1301 Siler Road, Building B, Santa Fe, NM 87507]

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 …

New Mexico Environment Department.

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

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

All entities that have an interest in a qualified generating facility pursuant to NMSA 1978, Sections 7-9G-2, 7-2-18.25, and 7-2A-25.

Any entity that has an interest in a qualified generating facility located in New Mexico may apply for a certificate of eligibility under this part. Only one certificate shall be granted to a qualified generating facility. If changes to the facility are planned or made that could…

A. Entities that have an interest in a qualified generating facility may submit an application for a certificate of eligibility for an advanced energy tax credit. B. All applications shall include all of the following items and information. (1) Be filled out on the form(s) furnis…

A. The department shall either grant or deny the certification within 180 days after the department receives the application. B. The department shall grant or deny the certification based on information contained in the department's administrative record. The administrative recor…

The department shall cancel a previously issued certification and notify the department of taxation and revenue if the department finds that the plans for the facility are changed, or the facility is changed, so that the facility no longer meets the requirements of this part as a…

NMSA 1978, Sections 7-9G-2, 7-2-18.25, and 7-2A-25, and NMSA 1978, Section 62-6-28.

Permanent.

A. Fees for the review of applications for certification shall be $5,000 per application. B. For sources that satisfy the definition of "small business" as defined in Subsection F of 20.2.89.7 NMAC, the permit fee determined by Subsection A of this section shall be divided by two…

December 20, 2008, except where a later date is cited at the end of a section. [The latest effective date of any section in this part is 09/26/09.]

The objective of this part is to establish requirements for issuance of a certificate of eligibility for advanced energy tax credits pursuant to NMSA 1978, Sections 7-9G-2, 7-2-18.25, and 7-2A-25.

In addition to the terms defined in 20.2.2 NMAC, the following definitions shall apply to terms used in this part. A. "Department" means the environment department. B. "Entity" means an individual, estate, trust, receiver, cooperative association, club, corporation, company, firm…

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 …

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

Environmental Improvement Board.

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

In computing any period of time prescribed or allowed by this part, except as otherwise specifically provided, the day of the event from which the designated period begins to run shall not be included. The last day of the computed period shall be included, unless it is a Saturday…

For the purposes of this part, the following requirements shall apply to the issuance of, and response to, a field citation. A. A person who is issued a field citation pursuant to this part shall have the period specified from the date of service of the field citation in which to…

A. Any person who receives a field citation from the department may request a hearing before the department. The request must be made in writing to the secretary within fifteen (15) working days after the field citation has been issued, with completed assessment of penalty, if an…

First time violators of the field citation rule who demonstrate cooperation in compliance may be fined up to one hundred dollars ($100.00) per violation. First time violators of the field citation rule who fail to demonstrate cooperation in compliance may be fined up to two hundr…

Service of a field citation shall be accomplished by any of the following methods: A. personal service by a department representative who shall obtain the signature of a person who is an owner, operator, employee, or representative of the source, facility or property being inspec…

This part applies to the field citation program for minor violations of the Air Quality Control Act, NMSA 1978, Sections 74-2-1 to 74-2-17, the air quality regulations, 20.2 NMAC, and any permit issued under the act or regulations.