New Mexico Bernalillo County Revisions to Part 1 

(20.11.1 NMAC), General Provisions, submitted to EPA 

December 15, 2010 (NM-100). 

This document contains only the revisions to New 

Mexico Bernalillo County Part 1 (20.11.1 NMAC), 

General Provisions, submitted to EPA December 15, 

2010 (NM-100). The entire submittal is available at: 

NM043.02 New Mexico Bernalillo County Amendments to 20.11.1 NMAC, General Provisions, 

20.11.61 NMAC, Prevention of Significant Deterioration, and 20.11.42, Operating Permits, submitted 

to EPA December 15, 2010 (NM-100). 186 pages 7.4 MB r1l

And 

NM043.03 New Mexico Bernalillo County Amendments to 20.11.1 NMAC, General Provisions, 

20.11.61 NMAC, Prevention of Significant Deterioration, and 20.11.42, Operating Permits, submitted 

to EPA December 15, 2010 (NM-100) -- Attachment D: Notice of Intent to Testify Including Exhibits. 

186 pages 4.4 MB r1l

Regulations.gov documents EPA-R06-OAR-2011-0032-

0002 and EPA-R06-OAR-2011-0032-0003
Bill Richardson 

Governor 

State of New Mexicc{i 

office of tfie <governor 

December 15, 2010 

Dr. Alfredo Armendariz, Regional Administrator 

U.S. Environmental Protection Agency, Region VI 

1445 Ross Avenue, Suite 1200 

Dallas, TX 75202-2733 

ESilJ\.~~ ••.•••• ESitli ••••••••••••••••• 

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6P~.0.~~- .6XA .. ..3.~ .. . 

f. C\..--n+rt>i 

SUBJECT: Request for approval of revision to the New Mexico State Implementation Plan 

(SIP) for air quality through the incorporation of an amended 20.11.1 NMAC, General 

Provisions, and 20.11.61 NMAC, Prevention of Significant Deterioration, and 20.11.42, 

Operating Permits, as an update to the Title V Program 

Dear Dr. Armendariz, 

As provided by 40 CFR Part 51, Appendix V, I am writing to request approval ofthe attached 

documentation, which will serve as the basis for a revision to the SIP for New Mexico. 

Specifically, I am transmitting an amended 20.11.1 NMAC, General Provisions, and an 

amended 20.11.61 NMAC, Prevention of Significant Deterioration. In addition, I am requesting 

approval of an update to the Title V Program through the incorporation of an amended 20.11.42 

NMAC, Operating Permits. All three of these rules apply exclusively to Bernalillo County, New 

Mexico. 

The Albuquerque-Bernalillo County Air Quality Control Board (AQCB) amended 20.11.1 

NMAC, General Provisions, 20.11.61 NMAC, Prevention of Significant Deterioration, and 

20.11.42 NMAC, Operating Permits on December 8, 2010, after a public comment period and 

corresponding public hearing held the same evening. These regulations were filed with the New 

Mexico State Records Center on December 10, 2010, and become effective locally on January 

10, 2011. We believe that the submitted materials provide adequate documentation to support 

the requested SIP revision and Title V Program update. 

To facilitate your review and processing, the following materials are enclosed: 

1) SIP Completeness Checklist pursuant to 40 CFR 51, Appendix V 

2) Hearing record, including transcripts and exhibits 

State Capitol • Room 400 • Santa Fe, New Mexico 87501 • 505-476-2200 • www.govemor.state.nm.us 
3) Comments received 

4) The amended regulations, 20.11.1 NMAC, General Provisions, 20.11.61 NMAC, 

Prevention of Significant Deterioration and 20.11.42 NMAC, Operating Permits 

5) Other supporting documentation 

Your favorable consideration of this request would be appreciated. If you have any questions, 

please contact Mary Lou Leonard, Director of the Albuquerque Environmental Health 

Department (EHD), at (505) 768-2631. 

Sincerely, 

Bill Richardson 

Governor ofNew Mexico 

cc: Mr. Ron Curry, Secretary, New Mexico Environment Department 

Ms. Mary Uhl, Chief, Air Quality Bureau, NM Environment Department 

Ms. Mary Lou Leonard, Director, Albuquerque Environmental Health Department 

Ms. Margaret Nieto, Control Strategies Supervisor, Albuquerque Air Quality Division 
ATTACHMENT A 

Attachment A contains the transmittal forms required by the New Mexico 

State Records Center to file a regulation or an amendment. The forms are 

signed by AQCB Chairman Jens Deichman. Also included in Attachment 

A are the o.fficialfi1ed copies of the amended regulations (20.11.1 NMAC. 

20.11.42 NMAC, & 20.11.61 NMAC). The date stamp at the top of each 

transmittal form indicates the date of filing. 
'ILL WI H 

S T A 1 E R F. r, l). ; r: r 11" E 1f 

2010 DEC I 0 M110: 59 

N MAC TRANSMITTAL FORM 

1 24 10 NMAC 

"1'. nssulhg.Ag~ri~ ·- ··,, -, ·· ~ ~ r - 'l ~~ •• r • . . · · • ... ., "" ... ~ 

.. ... ' . . Albuquerque-Bernalillo County Air Quality Control Board 

cfo Environmental Health Department, Air Quality Division 

P.O. Box 1293, One Civic Plaza NW 

Albuquerque NM 87103 

. 4~ •Contact.P.ei:Son "";' •! , . ;~~~ .,,, ;;; ·-.. 1 - . 

... . .. 

:1 .< ~ 

Name Neal Butt Ph # I {505) 768-

one 2660 

E-mail nbutt@cabg.gov 

[Sequence# 

' .2. Agen'~}.Code .. (of;,.(_p · No. 4233 (Internal Control # Assigneo 

by SRCA 2/8/08) 

, ...... ~ .. ..... 

. ·· '·"' .. N • • ' --;;·~.'' ··:;-;: ·- ~- ~ .. <• ~. 

I FAX [ sos-768-2617 

, .. 

Emergency D 

Yes Please list attachments 

and Internet site(s) if 

applicable 

Yes D 

1. 

2 

Public domain D 

16' 1egal cltatlon(s) ;that allows .the .'Issuln_g.Agencyto regulate and1:he1.s:su'lng Authority to .promulgate 

regulations' oh!this sllb'ject·{pi:ovii:le'all .thatcipply). ' .• 11 • ., ·' • . ; _ 4 n • ' • H • 'J " •• .. : .. ~ .. . . ·.·I 

New Mexico Air Quality Control Act, NMSA 1978 Section 74-2-4, 74-2-S.C, the Joint Air Quality 

Control Board Ordinance, Bernalillo County Ordinance 94-5 Section 4; and the Joint Air Quality 

Control Board Ordinance Revised Ordinances of Albuquerque 1994 Section 9-5-1-4. 

17 ''SignatUre :&. Title of Is5uiri_g A'!Jthority.:('De/egJted authority· must be on file)'. .. j 

Name: Mr. Jens Deichmann Check if delegated 

authority ~ 
FILED WITH 

STATE RECORDS CENTER 

2010 DEC I 0 AM 10: 59 

This is an amendment to 20.ll.l NMAC, Section 7, effective l/10/ll. 

20.ll.l.7 DEFINITIONS: The defmitions of20.11.1 NMAC apply unless there is a conflict between 

definitions in other parts, in which case the definition found in the applicable part shall govern. The definitions 

include the measurements, abbreviations, and acronyms in Subsection GGGG, of 20.11.1. 7 NMAC. 

A. ~Abnormal operating conditionsfl means the startup or shutdown of air pollution control 

device(s) or process equipment. 

B. ..,Administrator" means the administrator of the United States environmental protection agency 

or his or her designee. 

C. ""Affected source" or "'facility" means any stationary source, or any other source of air pollutants, 

that must comply with an applicable requirement. 

D. "Air agencyfl, "departmentfl or "EHDfl means the environmental health department (EHD) of 

the city of Albuquerque. The EHD, or its successor agency or authority, as represented by the department director 

or his/her designee, is the lead air quality planning agency for the Albuquerque - Bernalillo county 

nonattainment/maintenance area. The EHD serves as staff to the Albuquerque - Bernalillo county air quality control 

board, (A-BC AQCB), and is responsible for the administration and enforcement of the A-BC AQCB regulations. 

E. "'Air contaminant" or "'air pollutant'" means an air pollution agent or combination of such 

agents. including any physical, chemical, biological, radioactive (including source material, special nuclear material, 

and byproduct material) substance or matter which is emitted into or otherwise enters the ambient air. Such term 

includes any precursors to the formation of any air pollutant; to the extent the EPA has identified such precursor or 

precursors for the purpose for which the term "air pollutant" is used. This excludes water vapor, nitrogen (N2), 

[eamea aieniae (CQ;ri;] oxygen (02), [melhaae] and ethane. 

F. ""Air pollution" means the emission, except as such emission occurs in nature, into the outdoor 

atmosphere of one or more air contaminants in such quantities and duration as may with reasonable probability 

injure human health, animal or plant life, or as may unreasonably interfere with the public welfare, visibility or the 

reasonable use of property. 

G. ~Air quality control actfl means the State of New Mexico Air Quality Control Act, Chapter 74, 

Article 2, NMSA 1978 as amended. 

H. "Air quality control boardfl, "board" or "A-BC AQCBfl means the Albuquerque- Bernalillo 

county air quality control board, which is empowered by federal act, the Air Quality Control Act, and ordinances, to 

prevent or abate air pollution within the boundaries of Bernalillo county, except for Indian lands over which the 

board lacks jurisdiction. 

I. "'Allowable emissions" means: 

(1) Any department or federally enforceable permit term or condition which limits the quantity, rate, 

or concentration of emissions of air pollutants on a continuous basis, including any requirements which limits the 

level of opacity, prescribe equipment, set fuel specifications, or prescribe operation or maintenance procedures for a 

source to assure continuous reduction that are requested by the applicant and approved by the department or, 

determined at the time of issuance or renewal of a permit to be an applicable requirement. 

(2) Any federally enforceable emissions cap that the permittee has assumed to avoid an applicable 

requirement to which the source would otherwise be subject. 

J. "Ambient" means that portion of the atmosphere, external to buildings, to which the general 

public has access. 

K. "Applicable requirementfl means any of the following (and includes requirements that have been 

promulgated or approved by the board or EPA through rulemaking): 

( 1) any standard or other requirement provided for in the New Mexico state implementation plan 

approved by EPA, or promulgated by EPA through rulemaking, under Title I, including Parts C or D, of the federal 

act; 

(2) any term or condition of any pre-construction permit issued pursuant to regulations approved or 

promulgated through rulemaking under Title I, including parts C or D, of the federal act; 

(3) any standard or other requirement: 

(a) under Section 111 or 112 of the federal act; 

(b) of the acid rain program under Title IV of the federal act or the regulations promulgated 

thereunder; 

(c) governing solid waste incineration under Section 129 of the federal act; 

(d) for consumer and commercial products under Section 183(e) of the federal act; 

20.11.1 NMAC 
(e) of the regulations promulgated to protect stratospheric ozone under Title VI of the federal 

act, unless the administrator has determined that such requirements need not be contained in a Title V permit; 

(4) any requirements established pursuant to Section 504(b) or Section ll4(a)(3) of the federal act; 

(5) any national or state ambient air quality standard; 

(6) any increment or visibility requirement under Part C of Title I of the federal act applicable to 

temporary sources permitted pursuant to Section 504(e) of the federal act; 

(7) any regulation adopted by the board in accordance with the joint air quality control board 

ordinances pursuant to the Air Quality Control Act, and the laws and regulations in effect pursuant to the Air 

Quality Control Act. 

L. ~'Breakdown or upset'" means any sudden, infrequent, and not reasonably preventable failure of 

air pollution control equipment, or process equipment, which causes a process to not operate in a normal manner. 

Failures that are caused by process imbalance, poor maintenance or careless operation are not breakdowns. 

M. ~~carbon monoxide'" or "'CO'" means a colorless, odorless, poisonous gas composed of 

molecules containing a single atom of carbon and a single atom of oxygen with a molecular weight of 28.0 I g!mole. 

N. "'Chemical process'" means any manufacturing processing operation in which one or more 

changes in chemical composition or chemical properties are involved. 

0. ~coal burning equipment~ means any device used for the burning of coal for the primary 

purpose of producing heat or power by indirect heat transfer in which the products of combustion do not come into 

direct contact with other materials. 

P. "'Commenced" means that an owner or operator has undenaken a continuous program of 

construction or that an owner or operator has entered into a binding agreement or contractual obligation to undertake 

and complete, within a reasonable time, a continuous program of construction or modification. 

Q. ~construction~ means fabrication, erection, or installation of an affected facility. 

R. "Crematory" means any combustion unit designed and used solely for cremating human or 

animal remains or parts and tissues thereof, and other items nonnally associated with the cremation process, but not 

including pathological waste. 

S. ~Department~ means the Albuquerque environmental health department, which is the 

administrative agency of the Albuquerque - Bernalillo county air quality control board. 

T. "Director~ means the administrative head of the Albuquerque environmental health department or 

a designated representative(s). 

U. ~Emission limitation or standard~ means a requirement established by EPA, the state 

implementation plan (SIP), the Air Quality Control Act, local ordinance, permit, or board regulation, that limits the 

quantity, rate or concentration, or combination thereof, of emissions of regulated air pollutants on a continuous 

basis, including any requirements relating to the operation or maintenance of a source to assure continuous 

reduction. 

V, ~EPA~ means the United States environmental protection agency or the EPA's duly authorized 

representative. 

W. "Excess emissions" means the emission of an air contaminant, including a fugitive emission, in 

excess of the quantity, rate, opacity or concentration specified by an air quality regulation or permit condition. 

X. "'Excess emissions report" means a report submitted by a stationary source at the request of the 

department in order to provide data on the source's compliance with emission limits and operating parameters. 

Y. ~Federal act~, ~act" or "CAA~ means the Federal Clean Air Act, 42 U.S.C. Section 7401 

through 7671 et seq., as amended. 

Z. "Federal class I wilderness areas~ means areas designated by the EPA as such. Federal class I 

wilderness areas within 100 kilometers of Bernalillo county are Bandelier wilderness, Pecos wilderness, and San 

Pedro Parks wilderness. 

AA. '"Fluid" means either of the two states of matter, liquid or gaseous. 

BB. ""Fugitive emissions" means any emissions which cannot reasonably pass through a stack, 

chimney, vent, or other functionally-equivalent opening or is not otherwise col1ected, unless the emission is 

otherwise regulated by the federal act, the Air Quality Control Act, or the laws and regulation in effect pursuant to 

the act. 

CC. "Greenhouse 2ases~ or "GHGs~ means the air pollutant defined in§ 86.1818-12(a) of Chapter I 

of Title 40 of the CFR. as the aggregate group of six greenhouse gases: carbon dioxide nitrous oxide. methane. 

hydro fluorocarbons. perfluorocarbons. and sulfur hexafluoride. 

[~) DD. "Grain~ means that unit of weight, which is equivalent to 0.0648 grams. 

20.11. I NMAC 2 
[DD.] EE. "Hazardous air pollutant" means an air contaminant which has been classified pursuant 

to the federal act. the Air Quality Control Act, or laws and regulations in effect pursuant to the act. 

[!!.E.] FF. "Hydrocarbons" or "HC" means any chemical compound of a class of aliphatic, cyclic, 

or aromatic chemical compounds containing mostly hydrogen and carbon. Hydrocarbons are highly reactive in the 

presence of nitrogen ox. ides and sunlight. All are precursors to more serious air pollutants such as ozone and 

nitrogen dioxide. 

[111'.1 GG. "Hydrogen sulfide" or "H1S" means the chemical compound containing two atoms of 

hydrogen and one of sulfur with a molecular weight of 34.07 g/mole. 

[(;(;.] HH. "Incinerator" means any furnace used in the process of burning solid waste for the 

purpose of reducing the volume, by removing combustible matter. 

[HH,] II. "Inedible animal by-product processing" means operations primarily engaged in 

rendering, cooking, drying, dehydration, digesting, evaporating or concentrating of animal proteins and fats. 

[IJ.] JJ. "Kraft mill" means any pulping process, which uses an alkaline solution for a cooking liquor. 

(.JJ.] KK. "Lead" or "Pb" means a heavy metal, with a molecular weight of 207.19 g/mole that is 

hazardous to health if breathed or swallowed. 

[JQ;,) LL. "Malfunction" means any sudden and unavoidable failure of air pollution control 

equipment or process equipment beyond the control of the owner or operator, including malfunction during startup 

or shutdown. A failure that is caused entirely or in part by poor maintenance, careless operation, or any other 

preventable equipment breakdown shall not be considered a malfunction. 

[1,1,) MM. "Modification" means any physical change in or change in the method of operation of a 

source that results in an increase in the potential emission rate of any regulated air contaminant emitted by the 

source or that results in the emission of any regulated air contaminant not previously emitted, but does not include: 

(I) a change in ownership of the source; 

(2) routine maintenance, repair or replacement; 

(3) installation of air pollution control equipment, and all related process equipment and materials 

necessary for its operation, undertaken for the purpose of complying with regulations adopted by the environmental 

improvement board or the local board or pursuant to the federal act; or 

(4) unless previously limited by enforceable penni! conditions: 

(a) an increase in the production rate, if such increase does not exceed the operating design 

capacity of the source; 

(b) an increase in the hours of operation; or 

(c) use of an alternative fuel or raw material if, prior to January 6, 1975. the source was capable 

of accommodating such fuel or raw material, or if use of an alternate fuel or raw material is caused by any natural 

gas curtailment or emergency allocation or any other lack of supply of natural gas. 

{MM.-] NN. '"'New source" means any stationary source, the construction or modification of which is 

commenced after the filing of a regulation applicable to the stationary source. 

[l'!N.) 00. "Nitrogen dioxide" or "N01" means a reddish brown, poisonous gas composed of 

molecules containing a single atom of nitrogen and two of oxygen with a molecular weight of 46.0 g/mole. 

[QG.] PP. "Nitrogen oxides or NOx" is a class of chemicals containing varying quantities of 

nitrogen and oxygen that are created from combustion processes taking place at high temperatures and high 

pressures (e.g., inside automotive engine cylinders or in high temperature boilers). Examples of nitrogen oxides are 

NO, NO,, N03, N20 1, and N20 5• Nitrogen oxides are also referred to as oxides of nitrogen. 

[PI'.) QQ. "NMAC" means New Mexico administrative code, which contains the rules adopted by 

all rulemaking agencies of the state of New Mexico and the rules adopted by the A-BC AQCB. 

[QQ.) RR. "Open burning" means the combustion of any material without the following 

characteristics: 

(I) control of combustion air to maintain adequate temperature for efficient combustion; 

(2) containment of the combustion reaction in an enclosed device to provide sufficient residence time 

and mixing for complete combustion; and 

(3) emission controls for the gaseous combustion products. 

[Ril.] SS. "Operator" means the person(s) responsible for the overall operation of a source. 

[S&] TT. "Owner" means the person(s) who owns a source or part of a source. 

[+I.] UU. "Ozone or 0 3" means a pungent, colorless gas composed of molecules containing three 

atoms of oxygen with a molecular weight of 48.0 g/mole. 

20.11.1 NMAC 3 
IW.I VV. "Part~ means the required NMAC designation for the normal division of a chapter. A 

part consisL• of a unified body of rule material applying to a specific function or devoted to a specific subject matter. 

Structurally, a part is the equivalent of a rule. 

(¥¥.) WW. "Particulate matter" or "PM~ means any airborne finely divided solid or liquid 

material such as dust, smoke, mist, fumes or smog found in air or emissions. 

(WW.) XX. "Particulate matter emissions~ means all finely divided solid or liquid material, other 

than uncombined water, emitted to the ambient air as measured by the reference method in 40 CFR 60, Appendix A, 

Method 5, or an equivalent method approved by the EPA. 

1~1 YY. "Pathological waste destructor~ means any equipment, which is used to dispose of 

pathological waste by combustion or other process, which is approved by EPA. 

(¥¥.) ZZ. "Performance test~ means the data, which is the result of a test performed as required 

by the department to determine compliance. 

{Zln] AAA. ~Permit'" means any permit or group ofpennits, modifications, renewals or revisions 

authorizing the construction or operation of a stationary source pursuant to the federal act, the Air Quality Control 

Act, or laws and regulations in effect pursuant to the act. 

(AAA.) BBB. "Permittee~ means the owner or operator identified in any permit application or permit. 

IBBB.I CCC. "Person~ means any individual, partnership, firm, public or private corporation, 

association, trust, estate, political subdivision or agency, or any other legal entity or their legal representatives, 

agents or assigns. 

1~1 DDD. "Photochemical oxidants~ means an air pollutant, which is formed by the action of 

sunlight on oxides of nitrogen and hydrocarbons. 

[DDD.l EEE. "PM10 ", uPM1.s "or "PM1" means particulate matter with an aerodynamic diameter less 

than or equal to 10, 2.5, or I micrometers, respectively. 

IEEE.( FFF. "PM2., emissions~ means fmely divided solid or liquid material with an aerodynamic 

diameter less than or equal to a nominal 2.5 micrometers emitted into the ambient air as measured by the reference 

method in 40 CFR Part 50, Appendix L, approved by the EPA. 

1~1 GGG. "PM10 emissions~ means finely divided solid or liquid material with an aerodynamic 

diameter less than or equal to a nominal 10 micrometers emitted into the ambient air as measured by the reference 

method in 40 CFR Part 50, Appendix J and M, or equivalent method approved by the EPA. 

(GbG.) HHH. "Pollution control device~ or "air pollution control equipment~ means any device, 

equipment, process or combination thereof, the operation of which may limit, capture, reduce, confine, or otherwise 

control regulated air pollutants or convert for the purposes of control any regulated air pollutant to another form, 

another chemical or another physical state. This includes, but is not limited to, sulfur recovery units, acid plants, 

bag houses, precipitators, scrubbers, cyclones, water sprays, enclosures, catalytic converters, and steam or water 

injection. 

JHHIIr) III. "Portable stationary source'" or "temporary stationary source'" means a stationary 

source capable of changing its location with limited dismantling or reassembly which is associated with a specific 

construction project or increased production demand. 

JilL) JJJ. "Potential to emit'" or upre-controlled emission rate'" means the maximum capacity of 

a stationary source to emit any air contaminant under its physical and operational design. Any physical or 

operational limitation on the capacity of a source to emit an air pollutant, including air pollution control equipment 

and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be 

treated as part of its design if the limitation is federally enforceable or is included in a permit issued by the 

department. However, the potential to emit for nitrogen dioxide shall be based on total oxides of nitrogen. 

(JJJ.! KKK. "Process equipment~ means any equipment used for storing, handling, transporting, 

processing or changing any materials whatsoever but excluding that equipment specifically defoned in these 

regulations as incinerators, crematories, pathological waste destructors, pathological destructors and medical waste 

destructors. 

(KKK.) LLL. "Process weight" means the total weight of all materials introduced into any specific 

process, which causes any discharge of air contaminants into the atmosphere. Solid fuels introduced into any 

specific process will be considered as part of the process weight, but liquid and gaseous fuels and combustion air 

will not. 

(l.l.b) MMM. "Process weight rate~ means the hourly rate derived by dividing the total process weight 

by the number of hours in one complete operation from the beginning of any given process to the completion 

thereof, or from the begimting to the completion of a typical portion thereof, excluding any time during which th~ 

equipment is idle. 

20.11.1 NMAC 4 
[MMM, [ReseFo'ea]] 

NNN. ~Regulated air pollutant~ means the following: 

(I) any pollutant for which a national, state, or local ambient air quality standard has been 

promulgated; 

(2) any pollutant that is subject to any standard promulgated under Section Ill of the federal act; 

(3) any Class I or II substance subject to any standard promulgated under or established by Title VI 

of the federal act; or 

(4) any pollutant subject to a standard promulgated under Section 112 or any other requirements 

established under Section 112 of the federal act. 

000. "Responsible official~ means one of the following: 

( 1) for a corporation: a president, secretary, treasurer, or vice-president of the corporation in charge 

of a principal business function, or any other person who performs similar policy or decision-making functions for 

the corporation, or a duly authorized representative of such person if the representative is responsible for the overall 

operation of one or more manufacturing, production, or operating facilities applying for, or subject to a permit and 

either: 

(a) the facilities employ more than 250 persons or have gross annual sales or expenditures 

exceeding $25 million (in second quarter 1980 dollars); or 

(b) the delegation of authority to such representatives is approved in advance by the 

department; 

(2) for a partnership or •ole proprietonhip: a general partner or the proprietor, respectively; 

(3) for a municipality, state, federal or other public agency: either a principal executive officer or 

ranking elected official; for the purposes of 20.11.1 NMAC, a principal executive officer of a federal agency 

includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of 

the agency (e.g., a regional administrator of EPA); or 

(4) for an acid rain source: 

(a) the designated representative (as defined in Section 402(26) of the federal act) in so far as 

actions, standards, requirements, or prohibitions under Title IV of the federal act or the regulations promulgated 

thereunder are concerned; and 

(b) the designated representative for any other purposes under 40 CFR Part 70. 

PPP. "Shutdown" means the cessation of operation of any air poJlution control equipment, or process 

equipment. 

QQQ. [Reserved] 

RRR. [Reserved) 

SSS. "Smoke'" means sma1l gas-borne particles resulting from incomplete combustion, consisting 

predominantly, but not exclusively, of carbon, soot and combustible material. 

TIT. "Solid waste~ means garbage; refuse; yard waste; food wastes; plastics; leather; rubber; sludge; 

and other discarded combustible or noncombustible waste, including solid, liquid, semisolid; or contained gaseous 

material resulting from industrial, commercial, mining, and agricultural operations, and from community or 

residential activities, and from waste treatment plants, water supply treatment plants, or air pollution control 

facilities; but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in 

irrigation return flows or industrial discharges which are point sources subject to permit under Section 402 of the 

Federal Water Pollution Control Act, or source, special nuclear, or byproduct material as defined by the Atomic 

Energy Act. 

UUU. [Reserved] 

VVV. "Stack, chimney, vent, or duct'" means any conduit or duct emitting particulate or gaseous 

emissions into the open air. 

WWW. "Standard conditions~ means the conditions existing at a temperature of 70' F (25' C) and 

pressure of 14.7 psia (760 mmHg). 

XXX, "Standard cubic foot~ means a measure of the volume of one cubic foot of gas at standard 

conditions. 

YYY. ''Startup'" means setting into operation any air pollution control equipment, or process equipment. 

ZZZ. "Stationary source~ means any building, structure, facility or installation, which is either 

permanent or temporary, excluding a private residence, that emits or may emit any regulated air pollutant or any 

pollutant listed under Section 112(b) of the federal act, the Air Quality Control Act, or the laws and regulations in 

effect pursuant to the act. Several buildings, structures, facilities, or installations, or any combinations wil1 be 

treated as a single stationary source if they belong to the same industrial grouping. are located on one or more 

20.11.1 NMAC 5 
contiguous or adjacent properties, and are under the control of the same person, or persons, or are under common 

control. Pollutant-emitting activities shall be treated as the same industrial grouping if they have the same first two 

digits of an applicable standard industrial classification (SIC) code as described in the standard industrial 

classification manual, or if they have the same first three digits of an applicable north american industry 

classification system (NAICS) code. 

AAAA. ""Sulfur dioxide" or ""802" means a pungent, colorless, poisonous gas composed of molecules 

containing a single atom of sulfur and two atoms of oxygen with a molecular weight of 64.07 glmole. 

BBBB. ~Total reduced sulfur" means any combination of sulfur compounds. except sulfur dioxide and 

free sulfur, which test as reduced sulfur, including, but not limited to, hydrogen sulfide, methyl mercaptan, and ethyl 

mercaptan. 

CCCC. ~Total suspended particulate" or ~TSP" means particulate matter as measured by the method 

described in 40 CFR Part 50. Appendix B. 

DDDD. ~vapors" means the gaseous form of a substance, which exists in the liquid or solid state at 

standard conditions. 

EEEE. ""Visible emission" means an emission that can be seen because its opacity or optical density is 

above the threshold of vision. 

FFFF. "Volatile organic compounds" or ~voc" means any compound of carbon, excluding carbon 

monoxide. carbon dioxide, carbonic acid, metallic carbides or carbonates, and anunonium carbonate, which 

participates in atmospheric photochemical reactions. 

(I) VOC includes any such organic compound other than the following, which have been detennined 

to have negligible photochemical reactivity: methane; ethane; methylene chloride (dichloromethane); 1.1,1-

trichloroethane (methyl chloroform); 1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113); trichlorofluoromethane (CFC11); dichlorodifluoromethane (CFC-12); chlorodifluoromethane (HCFC-22); trifluoromethane (HFC-23); 1,2-

dichloro 1,1,2,2-tetrafluoroethane (CFC-114); chloropentafluoroethane (CFC-115); 1,1,1-trifluoro 2,2-

dichloroethane (HCFC-123); l,l,l,2-tetrafluoroethane (HFC-134a); 1,1-dichloro 1-fluoroethane (HCFC-14lb); 1-

chloro I .I -difluoroethane (HCFC-142b ); 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124 ); pentafluoroethane 

(HCFC-125); 1,1,2,2-tetrafluoroethane (HFC-134 ); 1,1,1-trifluoroethane (HFC-143a); 1,1-difluoroethane (HFC152a): parachlorobenzotrifluoride (PCBTF); cyclic, branched, or linear completely methylated siloxanes; acetone; 

perchloroethylene (tetrachloroethylene); 3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca); 1,3-dichloro1,1,2,2,3-pentafluoropropane (HCFC-225cb ); 1,1,1 ,2,3,4,4,5,5,5-decafluoropentane(HFC 43-1 Omee); 

difluoromethane(HFC-32); ethylfluoride (HFC-161 ); 1,1,1,3,3,3-hexafluoropropane (HFC-236fa); 1,1,2,2,3-

pentafluoropropane (HFC-245ca); 1,1,2,3,3-pentafluoropropane (HFC-245ea); 1,1,1,2,3-pentafluoropropane (HFC245eb); 1,1.1 ,3,3-pentafluoropropane (HFC-245fa); 1,1 ,1,2,3,3-hexafluoropropane (HFC-236ea); 1,1,1,3,3-

pentafluorobutane (HFC-365mfc); chlorofluoromethane (HCFC-31 ); I chloro-1-fluoroethane (HCFC-15la); 1,2-

dichloro-1,1,2-trilluoroethane (HCFC-123a); 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F90CH1 or HFE71 00); 2-( difluoromethoxymethyl)-1,1,1 .2,3,3,3-heptafluoropropane ((CF3),CFCF20CH3); 1-ethoxy1,1,2,2,3,3,4,4,4-nonafluorobutane (C,F90C2H, or HFE-7200); 2-( ethoxydifluoromethyl)-1,1,1,2,3,3,3-

heptafluoropropane ((CF3),CFCF20C2H5); methyl acetate; 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (nC3F70CH1 or HFE-7000); 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane (HFE-7500); 

1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea); methyl formate (HCOOCH3); 1,1.1,2,2,3,4,5,5,5-decafluoro-3-

methoxy-4-trifluoromethyl-pentane (HFE-7300); propylene carbonate; dimethyl carbonate; and perfluorocarbon 

compounds which fall into these classes: 

(a) cyclic, branched, or linear, completely fluorinated alkanes; 

(b) cyclic, branched, or linear, completely fluorinated ethers with no unsaturations; 

(c) cyclic, branched, or linear, completely fluorinated tertiary arnines with no unsaturations; 

and 

(d) sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to 

carbon and fluorine. 

(2) For purposes of detennining compliance with emissions limits, VOC will be measured by the test 

methods in the approved state implementation plan (SIP) or 40 CFR Part 60, Appendix A, as applicable. Where 

such a method also measures compounds with negligible photochemical reactivity. these negligibility-reactive 

compounds may be excluded as VOC if the amount of such compounds is accurately quantified, and such exclusion 

is approved by the enforcement authority. 

(3) As a precondition to excluding these compounds as VOC or at any time thereafter, the 

enforcement authority may require an owner or operator to provide monitoring or testing methods and results 

20.11.1 NMAC 6 
demonstrating, to the satisfaction of the enforcement authority, the amount of negligibly-reactive compounds in the 

source's emissions. 

(4) For purposes of federal enforcement for a specific source, the EPA shall use the test methods 

specified in the applicable EPA-approved SIP, in a permit issued pursuant to a program approved or promulgated 

under Title V of the act, or under 40 CFR Part 51, Subpart I or Appendix S, or under 40 CFR Parts 52 or 60. The 

EPA shall not be bound by any state determination as to appropriate methods for testing or monitoring negligiblyreactive compounds if such determination is not reflected in any of the above provisions. 

(5) The following compound(s) are VOC for purposes of all recordkeeping, emissions reporting, 

photochemical dispersion modeling and inventory requirements which apply to VOC and shall be uniquely 

identified in emission reports, but are not VOC for purposes of VOC emissions limitations or VOC content 

requirements: t-butyl acetate. 

(6) For the purposes of determining compliance with California's aerosol coatings reactivity-based 

regulation, (as described in the California Code of Regulations, Title 17, Division J, Chapter I, Subchapter 8.5, 

Article J), any organic compound in the volatile portion of an aerosol coating is counted towards that product's 

reactivity-based lintit. Therefore, the compounds identified in Subsection FFFF of20.11.1.7 NMAC as negligibly 

reactive and excluded from EPA's definition ofVOCs are to be counted towards a product's reactivity limit for the 

purposes of determining compliance with California's aerosol coatings reactivity-based regulation. 

(7) For the purposes of determining compliance with EPA's aerosol coatings reactivity based 

regulation (as described in 40 CFR Part 59- National Volatile Organic Compound Emission Standards for 

Consumer and Commercial Products) any organic compound in the volatile portion of an aerosol coating is counted 

towards the product's reactivity-based lintit, as provided in 40 CFR Part 59, Subpart E. Therefore, the compounds 

that are used in aerosol coating products and that are identified in Subsection FFFF of 20.11.1. 7 NMAC as 

negligibly reactive and excluded from EPA's definition ofVOC are to be counted towards a product's reactivity 

limit for the purposes of determining compliance with EPA's aerosol coatings reactivity-based national regulation, 

as provided in 40 CFR Part 59, Subpart E. 

GGGG. 44Measurements, abbreviations. and acronyms" 

A-BC AQCB-Albuquerque- Bernalillo county air quality control board 

ABT-averaging, banking and trading (program) 

AIRS-aerometric information retrieval system 

AMP A-Albuquerque meb'Opolitan planning area 

API-American peb'Oleum institute 

AQIA-air quality impact assessment 

AQI-air quality index 

AQS-air quality services 

ASE-national institute for automotive service excellence 

ASTM-American society for testing and materials 

ATS-allowance tracking system 

BACT -best available control technology 

Bhp-brake horsepower 

Btu-British thermal unit 

C-Celsius 

CAA(A)-federal Clean Air Act (Amendments) 

CEM-continuous emission monitor 

CFC(s)-chlorofluorocarbon(s) 

cfh-cubic feet per hour 

cfm-cubic feet per minute 

CFR-code of federal regulations 

CO,-carbon dioxide. 

CO-carbon monoxide. 

COG-mid-region council of governments 

CMAQ-congestion ntitigation and air quality 

cu. in.-cubic inch(es) 

DER-discrete emission reduction 

DOE-department of energy 

DOT-U.S. department ofb'ansportation 

DPM-development process manual 

20.1 J.l NMAC 7 
ORB-development review board 

EA-environmental assessment 

EHD-environrnental health department 

EI-emission inventory 

EIS-environmental impact statement 

EPA-U.S. environmental protection agency 

EPC-environmental planning commission 

ERC-emission reduction credit 

F-Fahrenheit 

FHWA-federal highway administration, DOT 

FMVCP-federal motor vehicle control program 

FR-federal register 

ft.-feet 

FTA-federal transit administration, DOT 

g-gram(s) 

g/mole-grams per mole 

gal-U.S. gallon(s) 

GVW -gross vehicle weight 

GVWR-gross vehicle weight rating 

b-hour(s) 

HAP-hazardous air pollutants 

HC-hydrocarbon(s) 

Hg-mercury 

bp.-horsepower 

liM-inspection/maintenance 

in.-inch(es) 

ISTEA-lntermodal Surface-Transportation Efficiency Act (see SAFETEA-LU) 

K-Kelvin 

kg-kilogram(s) 

km-kilometer(s) 

kPa-kilopascal(s) 

lb.-pound(s) 

lb/day-pounds per day 

lb-ft-pound-feet 

lb/hr-pounds per hour 

lb/yr-pounds per year 

LAER-lowest achievable emission rate 

LNG-liquelied natural gas 

LPG-liquefied petroleum gas 

LRTP-long range transportation plan 

m-meter(s) 

MACT -maximum achievable control technology 

max.-maximum 

MCO-manufacturer's certificate of origin 

11g-microgram 

J.Lg/m3 -microgram per cubic meter 

mg-milligram(s) 

mg/m

3

-milligram per cubic meter 

mi.-mile(s) 

min-minute(s) 

ml-milliliter(s) 

mm-millimeter(s) 

MMBtu-million Btu 

mmHg-millimeter.s of mercury 

mph-miles per hour 

MPO-metropolitan planning organization 

20.11.1 NMAC 8 
MRCOG-mid-region council of governments 

MSERC-mobile source emission reduction credits 

MSMTC-mobile source modeling technical committee 

MTBE-methyl tertiary butyl ether 

MVD-motor vehicle division 

MWe-megawatt electrical 

N1-nitrogen 

NAAQS-national ambient air quality standards 

NAMS-national air monitoring station 

NCore-national core multi-pollutant monitoring network 

NDIR-NonDispersive InfraRed 

NEPA-National Environmental Policy Act 

NESCAUMIMARAMA-northeast states for coordinated air use management/mid-atlantic regional air management 

association 

NESHAP-national emission standards for hazardous air pollutants 

NIST -national institute of standards and technology 

NM-New Mexico 

NMAC-New Mexico administrative code 

NMSA-New Mexico statutes annotated 

NO-nitric oxide 

NO,-nitrogen dioxide 

NOx-oxides of nitrogen 

No-number 

NOV-notice of violation 

NMHC-non-methane hydrocarbons 

NSPS-new source performance standards 

NSR-new source review 

0,-oxygen 

0 3-ozone 

OMTR-open market trading rule 

OTAG-ozone transport assessment group 

OTC-ozone transport commission 

Ph-lead 

PIC-public involvement committee 

PM-particulate matter 

PM..,-particulate matter less than 2.5 microns 

PMwparticulate matter less than 10 microns 

ppm-parts per million by volume 

ppm C-parts per million, carbon 

PSD-prevention of significant deterioration 

psi-pounds per square inch 

psia-pounds per square inch absolute 

psig-pounds per square inch gauge 

PTE-potential to emit 

PWD-pathological waste destructor 

QF -qualifying facility 

R-Rankin 

RACT-reasonably available control technology 

R&D-research & development 

RECLAIM-regional clean air incentives market 

ROG-reactive organic gases 

rpm-revolutions per minute 

RTA-regional transit authority 

RTC-RECLAIM trading credit 

RVP-reid vapor pressure 

s-second(s) 

20.11.1 NMAC 9 
SAE-society of automotive engineers 

SAFETEA-LU-The Safe. Accountable. Flexible, Efficient Transportation Equity Act- A Legacy for Users 

SBAP-small business assistance program 

scf-standard cubic foot 

Sl-intemational system of units 

SIP-state implementation plan 

SLAMS-state and local air monitoring station 

SMOG-SMoke+ !DG 

so,-sulfur dioxide 

State DOT-New Mexico department of transportation 

STIP-state transportation improvement program 

TCC-transportation coordinating committee 

TCM-transportation control measure 

TES-transportation evaluation study 

TIP-transportation improvement program 

TMA-transportation management association 

tonlyr-tons per year 

TPTG-transportation program task group 

tpy-rons per year 

TSP-total suspended particulate 

UPWP-unified planning work program 

UTPPB-urban transportation planning policy board 

U.S.-United States 

UV -ultraviolet 

VE-visible emission(s) 

YIN-vehicle identification number 

VMT -vehicle miles traveled 

VOC-volatile organic compounds 

VPMD-vehicle pollution management division 0

/o-percent 

"-degree( s) 

[3/21177 ... 11/12/81. ll/21/81, 3/16/89, 6/16/92, 2/26/93, 9/23/94, 12/16/94, 12/1/95, 8/1/96; 20.11.1.7 NMACRn, 20 NMAC 11.01.!.7, 10/1/02; A, 711104; A, 9/14/09; A, 1/10/11] 

20.11.1 NMAC 10 
ATTACHMENT B 

Attachment B contains copies of the amended regulations submitted for approval and 

update. 
TITLE20 

CHAPTER11 

PART1 

ENVIRONMENTAL PROTECTION 

ALBUQUERQUE- BERNALILLO COUNTY AIR QUALITY CONTROL BOARD 

GENERAL PROVISIONS 

20.11.1.1 ISSUING AGENCY: Albuquerque- Bernalillo County Air Quality Control Board. P.O. Box 

1293, Albuquerque, NM 87103. Telephone: (505) 768-2601. 

[6/14171. .. 12/1195; 20.11.1.1 NMAC- Rn, 20 NMAC 11.01.1.1, 10/1102; A, 9/14/09] 

20.11.1.2 SCOPE: 

A. 20.11.1 NMAC is applicable within Bernalillo county. 

B. Exempt: 20.11.1 NMAC does not apply to sources within Bernalillo county, which are located 

on Indian lands over which the Albuquerque - Bernalillo county air quality control board lacks jurisdiction. 

[12/1195 ... 8/1196; 20.11.1.2 NMAC- Rn, 20 NMAC 11.01.1.2, 10/1102; A, 9/14/09] 

20.11.1.3 STATUTORY AUTHORITY: 20.11.1 NMAC is adopted pursuant to the authority provided in 

the New Mexico Air Quality Control Act, NMSA 1978 Sections 74-24, 74-2-5.C; the Joint Air Quality Control 

Board Ordinance, Bernalillo County Ordinance 94-5 Sections 3 & 4; the Joint Air Quality Control Board Ordinance, 

Revised Ordinances of Albuquerque 1994 Sections 9-5-1-3 & 9-5-14. 

[6114171. .. 12/1195; 20.11.1.3 NMAC- Rn., 20 NMAC 11.01.1.3, 1011/02; A, 7/1104; A, 9/14/09] 

20.11.1.4 DURATION: Permanent. 

[12/1195; 20.11.1.4 NMAC- Rn., 20 NMAC 11.01.1.4, 10/1102] 

20.11.1.5 EFFECTIVE DATE: December I, 1995, unless a later date is cited at the end of a section. The 

effective date of a specific section is located at the end of that section within the historical brackets. As required by 

the New Mexico Air Quality Control Act, Chapter 74, Article 2, Section 6 NMSA 1978, no regulation or emission 

control requirement or amendment thereto, or repeal thereof, shall become effective until 30 days after its filing 

under the State Rules Act, Chapter 14, Article 4 NMSA 1978. 

[12/1195 ... 8/1196; 20.11.1.5 NMAC- Rn., 20 NMAC 11.01.1.5 & A, 10/1102; A, 12/1103; A, 7/1104; A, 9/14/09] 

20.11.1.6 OBJECTIVE: To provide definitions which are generally applicable to Albuquerque -Bernalillo 

county air quality control board regulations. 

[12/1195; 20.11.1.6 NMAC- Rn., 20 NMAC 11.01.1.6 & A, 10/1102; A, 7/1/04; A, 9/14/09] 

20.11.1.7 DEFINITIONS: The defmitions of20.11.1 NMAC apply unless there is a conflict between 

definitions in other parts, in which case the defmition found in the applicable part shall govern. The definitions 

include the measurements, abbreviations, and acronyms in Subsection GGGG, of 20.11. I. 7 NMAC. 

A. "Abnormal operating conditions" means the startup or shutdown of air pollution control 

device(s) or process equipment. 

B. "Administrator" means the administrator of the United States enviromnental protection agency 

or his or her desiguee. 

C. "Affected source" or "facility" means any stationary source, or any other source of air pollutants, 

that must comply with an applicable requirement. 

D. "Air agency", "department" or "EHD" means the enviromnental health department (EHD) of 

the city of Albuquerque. The EHD, or its successor agency or authority, as represented by the department director 

or his/her designee, is the lead air quality planning agency for the Albuquerque - Bernalillo county 

nonattaimnent/maintenance area. The EHD serves as staff to the Albuquerque - Bernalillo county air quality control 

board, (A-BC AQCB), and is responsible for the administration and enforcement of the A-BC AQCB regulations. 

E. "Air contaminant" or "air pollutant" means an air pollution agent or combination of such 

agents, including any physical, chemical, biological, radioactive (including source material, special nuclear material, 

and byproduct material) substance or matter which is emitted into or otherwise enters the ambient air. Such term 

includes any precursors to the formation of any air pollutant; to the extent the EPA has identified such precursor or 

precursors for the purpose fur which the term "air pollutant" is used. This excludes water vapor, nitrogen (N2), 

oxygen (02), and ethane. 

F. "Air pollution" means the emission, except as such emission occurs in nature, into the outdoor 

atmosphere of one or more air contaminants in such quantities and duration as may with reasonable probability 

20.11.1 NMAC 
injure human health, animal or plant life, or as may unreasonably interfere with the public welfare, visibility or the 

reasonable use of property. 

G. "Air quality control act" means the State ofNew Mexico Air Quality Control Act, Chapter 74, 

Article 2, NMSA 1978 as amended. 

H. "Air quality control board", "board" or "A-BC AQCB" means the Albuquerque · Bernalillo 

county air quality control board, which is empowered by federal ac~ the Air Quality Control Ac~ and ordinances, to 

prevent or abate air pollution within the boundaries of Bernalillo county, except for Indian lands over which the 

board lacks jurisdiction. 

I. "Allowable emissions" means: 

( 1) Any department or federally enforceable permit term or condition which limits the quantity, rate, 

or concentration of emissions of air pollutants on a continuous basis, including any requirements which limits the 

level of opacity, prescribe equipmen~ set fuel specifications, or prescribe operation or maintenance procedures for a 

source to assure continuous reduction that are requested by the applicant and approved by the department or, 

determined at the time of issuance or renewal of a permit to be an applicable requirement. 

(2) Any federally enforceable emissions cap that the permittee has assumed to avoid an applicable 

requirement to which the source would otherwise be subject. 

J. "Ambient" means that portion of the atmosphere, external to buildings, to which the general 

public has access. 

K. "Applicable requirement" means any of the following (and includes requirements that have been 

promulgated or approved by the board or EPA through rulemaking): 

(I) any standard or other requirement provided for in the New Mexico state implementation plan 

approved by EPA, or promulgated by EPA through rulemaking, under Title I, including Parts C or D, of the federal 

act; 

(2) any term or condition of any pre-construction permit issued pursuant to regulations approved or 

promulgated through rulemaking under Title I, including parts CorD, of the federal act; 

(3) any standard or other requirement: 

(a) under Section Ill or 112 of the federal act; 

(b) of the acid min progmm under Title IV of the federal act or the regulations promulgated 

thereunder; 

(c) governing solid waste incineration under Section 129 of the federal act; 

(d) fur consumer and commercial products under Section 183(e) of the federal act; 

(e) of the regulations promulgated to protect stratospheric ozone under Title VI of the federal 

act, unless the administrator has determined that such requirements need not be contained in a Title V penni!; 

(4) any requirements established pursuant to Section 504(b) or Section 114(a)(3) of the federal act; 

(5) any national or state ambient air quality standard; 

(6) any increment or visibility requirement under Part C of Title I of the federal act applicable to 

temporary sources pennitted pursuant to Section 504( e) of the federal act; 

(7) any regulation adopted by the board in accordance with the joint air quality control board 

ordinances pursuant to the Air Quality Control Act, and the laws and regulations in effect pursuant to the Air 

Quality Control Act. 

L. "Breakdown or upset" means any sudden, infrequent, and not reasonably preventable failure of 

air pollution control equipment, or process equipment, which causes a process to not operate in a normal manner. 

Failures that are caused by process imbalance, poor maintenance or careless operation are not breakdowns. 

M. "Carbon monoxide" or "CO" means a colorless, odorless, poisonous gas composed of 

molecules containing a single atom of carbon and a single atom of oxygen with a molecular weight of 28.01 g!mole. 

N. "Chemical process" means any manufacturing processing operation in which one or more 

changes in chemical composition or chemical properties are involved. 

0. "Coal burning equipment" means any· device used for the burning of coal for the primary 

purpose of producing heat or power by indirect heat transfer in which the products of combustion do not come into 

direct contact with other materials. 

P. "Commenced" means that an owner or operator has undertaken a continuous program of 

construction or that an owner or operator has entered into a binding agreement or contractual obligation to undertake 

and complete, within a reasonable time, a continuous program of construction or modification. 

Q. "Construction" means fabrication, erection, or installation of an affected facility. 

20.ll.l NMAC 2 
R. "Crematory" means any combustion unit designed and used solely for cremating human or 

animal remains or parts and tissues thereof, and other items normally associated with the cremation process, but not 

including pathological waste. 

S. "Department" means the Albuquerque environmental health department, which is the 

administrative agency of the Albuquerque- Bernalillo county air quality control board. 

T. "Director" means the administrative head of the Albuquerque environmental health department or 

a designated representative(s). 

U. "Emission limitation or standard" means a requirement established by EPA, the state 

implementation plan (SIP), the Air Quality Control Act, local ordinance, permit, or board regulation, that limits the 

quantity, rate or concentration, or combination thereof, of emissions of regulated air pollutants on a continuous 

basis, including any requirements relating to the operation or maintenance of a source to assure continuous 

reduction. 

V. "EPA" means the United States environmental protection agency or the EPA's duly authorized 

representative. 

W. "Excess emissions" means the emission of an air contaminant, including a fugitive emission, in 

excess of the quantity, rate, opacity or concentration specified by an air quality regulation or permit condition. 

X. "Excess emissions report" means a report submitted by a stationary source at the request of the 

department in order to provide data on the source's compliance with emission limits and operating parameters. 

Y. "Federal act", "act" or "CAA" means the Federal Clean Air Act, 42 U.S.C. Section 7401 

through 7671 et seq., as amended. 

Z. "Federal class I wilderness areas" means areas designated by the EPA as such. Federal class I 

wilderness areas within I 00 kilometers of Bernalillo county are Bandelier wilderness, Pecos wilderness, and San 

Pedro Parks wilderness. 

AA. "Fluid" means either of the two states of matter, liquid or gaseous. 

BB. "Fugitive emissions" means any emissions which cannot reasonably pass through a stack, 

chimney, vent, or other functionally-equivalent opening or is not otherwise collected, unless the emission is 

otherwise regulated by the federal act, the Air Quality Control Act, or the laws and regulation in effect pursuant to 

the act. 

CC. "Greenhouse gases" or "GHGs" means the air pollutant defmed in § 86.1818-12(a) of Chapter I 

of Title 40 of the CFR, as the aggregate group of six grcerthouse gases: carbon dioxide, nitrous oxide, methane, 

hydrofluorocarhons, perfluorocarhons, and sulfur hexafluoride. 

DD. "Grain" means that unit of weight, which is equivalent to 0.0648 grams. 

EE. "Hazardous air poUutant" means an air contaminant which has been classified pursuant to the 

federal act, the Air Quality Control Act, or laws and regulations in effect pursuant to the act. 

FF. "Hydrocarbons" or "DC" means any chemical compound of a class of aliphatic, cyclic, or 

aromatic chemical compounds containing mostly hydrogen and carbon. Hydrocarbons are highly reactive in the 

presence of nitrogen oxides and sunlight. All are precursors to more serious air pollutants such as ozone and 

nitrogen dioxide. 

GG. "Hydrogen sulfide" or "H,S" means the chemical compound containing two atoms of hydrogen 

and one of sulfur with a molecular weight of34.07 g/mole. 

HH. "Incinerator" means any furnace used in the process of burning solid waste for the purpose of 

reducing the volume, by removing combustible matter. 

II. "Inedible animal by-product processing" means operations primarily engaged in rendering, 

cooking, drying, dehydration, digesting, evaporating or concentrating of animal proteins and fats. 

JJ. "Kraft mill" means any pulping process, which uses an alkaline solution for a cooking liquor. 

KK. "Lead" or "Pb" means a heavy metal, with a molecular weight of207.19 glmole that is 

hazardous to health if breathed or swallowed. 

LL. "Malfunction" means any sudden and unavoidable failure of air pollution control equipment or 

process equipment beyond the control of the owner or operator, including malfunction during startup or shutdown. 

A failure that is caused entirely or in part by poor maintenance, careless operation, or any other preventable 

equipment breakdown shall not be considered a malfunction. 

MM. "Modification" means any physical change in or change in the method of operation of a source 

that results in an increase in the potential emission rate of any regulated air contaminant emitted by the source or 

that results in the emission of any regulated air contaminant not previously emitted, but does not include: 

(I) a change in ownership of the source; 

(2) routine maintenance, repair or replacement; 

20.11.1 NMAC 3 
(3) installation of air pollution control equipment, and all related process equipment and materials 

necessary for its operation, undertaken for the purpose of complying with regulations adopted by the environmental 

improvement board or the local board or pursuant to the federal act; or 

(4) unless previously limited by enforceable permit conditions: 

(a) an increase in the production rate, if such increase does not exceed the opemting design 

capacity of the source; 

(b) an increase in the hours of opemtion; or 

(c) use of an alternative fuel or mw material if, prior to January 6, 1975, the source was capable 

of accommodating such fuel or raw material, or if use of an alternate fuel or raw material is caused by any natural 

gas curtailment or emergency allocation or any other lack of supply of natural gas. 

NN. "New source" means any stationary source, the construction or modification of which is 

commenced after the filing of a regulation applicable to the stationary source. 

00. "Nitrogen dioxide" or "N02" means a reddish browo, poisonous gas composed of molecules 

containing a single atom of nitrogen and two of oxygen with a molecular weight of 46.0 g!mole. 

PP. "Nitrogen oxides or NOx" is a class of chemicals containing varying quantities of nitrogen and 

oxygen that are created from combustion processes taking place at high temperatures and high pressures (e.g., inside 

automotive engine cylinders or in high temperature boilers). Examples of nitrogen oxides are NO, N02, N03, N20 2, 

and N20,. Nitrogen oxides are also referred to as oxides of nitrogen. 

QQ. "NMAC" means New Mexico administrative code, which contains the rules adopted by all 

rulemaking agencies of the state ofNew Mexico and the rules adopted by the A-BC AQCB. 

RR. "Open burning" means the combustion of any material without the following characteristics: 

(I) control of combustion air to maintain adequate temperature for efficient combustion; 

(2) containment of the combustion reaction in an enclosed device to provide sufficient residence time 

and mixing for complete combustion; and 

(3) emission controls for the gaseous combustion products. 

SS. "Operator" means the person(s) responsible for the overall opemtion of a source. 

TT. "Owner" means the person( s) who owns a source or part of a source. 

UU. "Ozone or 0 3" means a pungen~ colorless gas composed of molecules containing three atoms of 

oxygen with a molecular weight of 48.0 g!mole. 

VV. "Part" means the required NMAC designation for the normal division of a chapter. A part 

consists of a unified body of rule material applying to a specific function or devoted to a specific subject matter. 

Structurally, a part is the equivalent of a rule. 

WW. "Particulate matter" or "PM" means any airborne fmely divided solid or liquid material such as 

dust, smoke, mist, fumes or smog found in air or emissions. 

XX "Particulate matter emissions" means all fmely divided solid or liquid material, other than 

uncombined water, emitted to the ambient air as measured by the reference method in 40 CFR 60, Appendix A, 

Method 5, or an equivalent method approved by the EPA. 

YY. "Pathological waste destructor" means any equipmen~ which is used to dispose of pathological 

waste by combustion or other process, which is approved by EPA. 

ZZ. "Performance test" means the data, which is the result of a test performed as required by the 

department to determine compliance. 

AAA. "Permit" means any permit or group of permits, modifications, renewals or revisions authorizing 

the construction or opemtion of a stationary source pursuant to the fedeml act, the Air Quality Control Act, or laws 

and regulations in effect pursuant to the act. 

BBB. "Permittee" means the owoer or opemtor identified in any permit application or permit. 

CCC. "Person" means any individual, partnership, firm, public or private corpomtion, association, trust, 

estate, political subdivision or agency, or any other legal entity or their legal representatives, agents or assigns. 

DDD. "Photochemical oxidants" means an air pollutan~ which is formed by the action of sunlight on 

oxides of nitrogen and hydrocarbons. 

EEE. "PM10 ", "PML, "or "PM1" means particulate matter with an aerodynamic diameter less than or 

equal to I 0, 2.5, or I micrometers, respectively. 

FFF. "PM ~ emissions" means finely divided solid or liquid material with an aerodynamic diameter 

less than or equal to a nominal 2.5 micrometers emitted into the ambient air as measured by the reference method in 

40 CFR Part 50, Appendix L, approved by the EPA. 

20.11.1 NMAC 4 
GGG. "PM10 emissions" means finely divided solid or liquid material with an aerodynamic diameter 

less than or equal to a nominal I 0 micrometers emitted into the ambient air as measured by the reference method in 

40 CFR Part 50, Appendix J and M, or equivalent method approved by the EPA. 

HHH. "Pollution control device" or "air pollution control equipment" means any device, equipment, 

process or combination thereof, the operation of which may limit, capture, reduce, confine, or otherwise control 

regulated air pollutants or convert for the pwposes of control any regulated air pollutant to another form, another 

chemical or another physical state. This includes, but is not limited to, sulfur recovery units, acid plants, baghouses, 

precipitators, scrubbers, cyclones, water sprays, enclosures, catalytic converters, and steam or water injection. 

III. "Portable stationary source" or "temporary stationary source" means a stationary source 

capable of changing its location with limited dismantling or reassembly which is associated with a specific 

construction project or increased production demand. 

JJJ. "Potential to emit" or "pre-controlled emission rate" means the maximum capacity of a 

stationary source to emit any air contantinant under its physical and operational design. Any physical or operational 

limitation on the capacity of a source to emit an air pollutant, including air pollution control equipment and 

restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be 

treated as part of its design if the limitation is federally enforceable or is included in a permit issued by the 

department. However, the potential to emit for nitrogen dioxide shall be based on total oxides of nitrogen. 

KKK. "Process eqalpment" means any equipment used for storing, handling, transporting, processing 

or changing any materials whatsoever but excluding that equipment specifically defined in these regulations as 

incinerators, crematories, pathological waste destructors, pathological destructors and medical waste destructors. 

LLL. "Process weight" means the total weight of all materials introduced into any specific process, 

which causes any discharge of air contantinants into the atmosphere. Solid fuels introduced into any specific 

process will be considered as part of the process weight, but liquid and gaseous fuels and combustion air will not. 

MMM. "Process weight rate" means the hourly rate derived by dividing the total process weight by the 

number of hours in one complete operation from the beginning of any given process to the completion thereof, or 

from the beginning to the completion of a typical portion thereof, excluding any time during which the equipment is 

idle. 

NNN. 

(I) 

promulgated; 

"Regalated air pollutant" means the following: 

any pollutant for which a national, state, or local ambient air quality standard has been 

(2) any pollutant that is subject to any standard promulgated under Section Ill of the federal act; 

(3) any Class I or II substance subject to any standard promulgated under or established by Title VI 

of the federal act; or 

(4) any pollutant subject to a standard promulgated under Section 112 or any other requirements 

established under Section 112 of the federal act. 

000. "Responsible official" means one of the following: 

(I) for a corporation: a president, secretary, treasurer, or vice-president of the corporation in charge 

of a principal business function, or any other person who performs similar policy or decision-making functions for 

the corporation, or a duly authorized representative of such person if the representative is responsible for the overall 

operation of one or more manufacturing, production, or operating facilities applying for, or subject to a permit and 

either: 

(a) the facilities employ more than 250 persons or have gross annual sales or expenditures 

exceeding $25 million (in second quarter 1980 dollars); or 

(b) the delegation of authority to such representatives is approved in advance by the 

deparlnlent; 

(2) for a partnership or sole proprietorship: a general partner or the proprietor, respectively; 

(3) for a municipality, state, federal or other public agency: either a principal executive officer or 

ranking elected official; for the purposes of 20.11.1 NMAC, a principal executive officer of a federal agency 

includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of 

the agency (e.g., a regional administrator of EPA); or 

( 4) for an acid rain source: 

(a) the designsted representative (as defmed in Section 402(26) of the federal act) in so far as 

actions, standards, requirements, or prohibitions under Title IV of the federal act or the regulations promulgated 

thereunder are concerned; and 

(b) the designsted representative for any other pwposes under 40 CFR Part 70. 

20.11.1 NMAC 5 
PPP. "Shutdown" means the cessation of operation of any air pollution control equipment, or process 

equipment. 

QQQ. [Reserved] 

RRR. [Reserved] 

SSS. "Smoke" means small gas-borne particles resulting from incomplete combustion, consisting 

predominantly, but not exclusively, of carl>on, soot and combustible material. 

TTT. "Solid waste" means garl>age; refuse; yard waste; food wastes; plastics; leather; rubber; sludge; 

and other discarded combustible or noncombustible waste, including solid, liquid, semisolid; or contained gaseous 

material resulting from industrial, commercial, mining, and agricultural operations, and from commwrity or 

residential activities, and from waste treatment plants, water supply treatment plants, or air pollution control 

facilities; but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in 

irrigation return flows or industrial discharges which are point sources subject to permit under Section 402 of the 

Federal Water Pollution Control Act, or source, special nuclear, or byproduct material as defmed by the Atomic 

Energy Act. 

UUU. [Reserved] 

VVV. "Stack, chimney, vent, or duct" means any conduit or duct eruitting particulate or gaseous 

emissions into the open air. 

WWW. "Standard conditions" means the conditions existing at a temperature of70" F (25" C) and 

pressure of 14.7 psia (760 mmHg). 

XXX. "Standard cubic foot" means a measure of the volume of one cubic foot of gas at standard 

conditions. 

YYY. "Startup" means setting into operation any air pollution control equipment, or process equipment. 

ZZZ. "Stationary source" means any building, structure, facility or installation, which is either 

permanent or temporary, excluding a private residence, that eruits or may emit any regulated air pollutant or any 

pollutant listed under Section 112(b) of the federal act, the Air Quality Control Act, or the laws and regulations in 

effect pursuant to the act. Several buildings, structures, facilities, or installations, or any combinations will be 

treated as a single stationary source if they belong to the same industrial grouping, are located on one or more 

contiguous or adjacent properties, and are under the control of the same person, or persons, or are under common 

control. Pollutant-emitting activities shall be treated as the same industrial grouping if they have the same first two 

digits of an applicable standard industrial classification (SIC) code as described in the standard industrial 

classification manual, or if they have the same first three digits of an applicable north american industry 

classification system (NAICS) code. 

AAAA. "Sulfur dioxide" or "S01" means a pungent, colorless, poisonous gas composed of molecules 

containing a single atom of sulfur and two atoms of oxygen with a molecular weight of 64.07 glmole. 

BBBB. "Total reduced sulfur" means any combination of sulfur compounds, except sulfur dioxide and 

free sulfur, which test as reduced sulfur, including, but not limited to, hydrogen sulfide, methyl mercaptan, and ethyl 

mercaptan. 

CCCC. "Total suspended particulate" or "TSP" means particulate matter as measured by the method 

described in 40 CFR Part 50, Appendix B. 

DODD. "Vapors" means the gaseous form of a substance, which exists in the liquid or solid state at 

standard conditions. 

EEEE. "Visible emission" means an emission that can be seen because its opacity or optical density is 

above the threshold of vision. 

FFFF. "Volatile organic compounds" or "VOC" means any compound of carl>on, excluding carbon 

monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, which 

participates in atmospheric photochemical reactions. 

(I) VOC includes any such organic compound other than the following, which have been determined 

to have negligible photochemical reactivity; methane; ethane; methylene chloride ( dichloromethane ); I, I,!-

trichloroethane (methyl chloroform); I, I ,2-trichloro-1 ,2,2-trifluoroethane (CFC-113); trichlorofluoromethane (CFC11); dichlorodifluoromethane (CFC-12); chlorodifluoromethane (HCFC-22); trifluoromethane (HFC-23); 1,2-

dichloro 1,1,2,2-tetrafluoroethane (CFC-114); chloropentafluoroethane (CFC-115); 1,1,1-trifluoro 2,2-

dichloroethane (HCFC-123); 1,1,1,2-tetrafluoroethane (HFC-134a); 1,1-dichloro 1-fluoroethane (HCFC-14lb); 1-

chloro I, 1-difluoroethane (HCFC-142b ); 2-chloro-1 ,I, I ,2-tetrafluoroethane (HCFC-124); pentafluoroethane 

(HCFC-125); 1,1,2,2-tetrafluoroethane (HFC-134); 1,1,1-trifluoroethane (HFC-143a); 1,1-difluoroethane (HFC152a); parachlorobenzotrifluoride (PCBTF); cyclic, branched, or linear completely methylated siloxanes; acetone; 

perchloroethylene (tetrachloroethylene); 3,3-dichloro-1 ,I, I ,2,2-pentafluoropropane (HCFC-225ca); I ,3-dichloro20.11.1 NMAC 6 
I, I ,2,2,3-pentafluoropropane (HCFC-225cb); I ,I ,I ,2,3,4,4,5,5,5-decafluoropentane(HFC 43-1 Omee); 

difluorometbane(HFC-32); ethylfluoride (HFC-161); l,l,l,3,3,3-hexafluoropropane (HFC-236fa); 1,1,2,2,3-

pentafluoropropane (HFC-245ca); I ,I ,2,3,3-pentafluoropropane (HFC-245ea); I ,I, I ,2,3-pentafluoropropane (HFC245eb); l,l,l,3,3-pentafluoropropane (HFC-245fa); l,l,l,2,3,3-hexafluoropropane (HFC-236ea); l,l,l,3,3-

pentafluorobutane (HFC-365mfc); chlorofluoromethane (HCFC-31 ); I ch!oro-1-fluoroethane (HCFC-15!a); I ,2-

dichloro-1, 1,2-trifluoroethane (HCFC-123a); I, I, 1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C.F.OCH, or HFE71 00); 2-( difluoromethoxymethyl)-1, I, I ,2 ,3 ,3,3-heptafluoropropane ((CF 3) 2CFCF 20CH3); 1-ethoxy1, I ,2,2,3,3,4,4,4-nonafluorobutane (CJ'90C2H, or HFE-7200); 2-(ethoxydifluoromethyl)-1, I, I ,2,3,3,3-

heptafluoropropane ((CF3)2CFCF20C2H5); methyl acetate; l,l,l,2,2,3,3-heptafluoro-3-methoxy-propane (nC3F70CH3 or HFE-7000); 3-ethoxy-1 ,I, I ,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane (HFE-7500); 

I, I, I ,2,3,3,3-heptafluoropropane (HFC 227ea); methyl formate (HCOOCH3); I ,I, !,2,2,3,4,5,5,5-decafluoro-3-

methoxy-4-trifluoromethyl-pentane (HFE-7300); propylene carbonate; dimethyl carbonate; and perfluorocarbon 

compounds which fall into these classes: 

(a) cyclic, branched, or linear, completely fluorinated alkanes; 

(b) cyclic, branched, or linear, completely fluorinated ethers with no unsaturations; 

(c) cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; 

and 

(d) sulfur containing perfluorocarbons with no unsaturations and with sulfur oonds ouly to 

carbon and fluorine. 

(2) For purposes of determining compliance with emissions limits, VOC will be measured by the test 

methods in the approved state implementation plan (SIP) or 40 CFR Part 60, Appendix A, as applicable. Where 

such a method also measures compounds with negligible photochemical reactivity, these negligibility-reactive 

compounds may be excluded as VOC if the amount of such compounds is accurately quantified, and such exclusion 

is approved by the enforcement authority. 

(3) As a precondition to excluding these compounds as VOC or at any time thereafter, the 

enforcement authority may require an owner or operator to provide monitoring or testing methods and results 

demonstrating, to the satisfaction of the enforcement authority, the amount of negligibly-reactive compounds in the 

source's emissions. 

(4) For purposes offederal enforcement for a specific source, the EPA shall use the test methods 

specified in the applicable EPA-approved SIP, in a permit issued pursuant to a program approved or promulgated 

under Title V of the act, or under40 CFR Part 51, Subpart I or Appendix S, orunder40 CFR Parts 52 or 60. The 

EPA shall not be bound by any state determination as to appropriate methods for testing or monitoring negligiblyreactive compounds if such determination is not reflected in any of the above provisions. 

(5) The following compound(s) are VOC for purposes of all recordkeeping, emissions reporting, 

photochemical dispersion modeling and inventory requirements which apply to VOC and shall be uniquely 

identified in emission reports, but are not VOC for purposes ofVOC emissions limitations or VOC content 

requirements: t-butyl acetate. 

(6) For the purposes of determining compliance with California's aerosol coatings reactivity-based 

regulation, (as described in the California Code·ofRegulations, Title 17, Division 3, Chapter I, Subchapter 8.5, 

Article 3), any organic compound in the volatile portion of an aerosol coating is counted towards that product's 

reactivity-based limit. Therefore, the compounds identified in Subsection FFFF of 20.11.1. 7 NMAC as negligibly 

reactive and excluded from EPA's definition of VOCs are to be counted towards a product's reactivity limit for the 

purposes of determining compliance with California's aerosol coatings reactivity-based regulation. 

(7) For the purposes of determining compliance with EPA's aerosol coatings reactivity based 

regulation (as described in 40 CFR Part 59- National Volatile Organic Compound Emission Standards for 

Consumer and Commercial Products) any organic compound in the volatile portion of an aerosol coating is counted 

towards the product's reactivity-based limit, as provided in 40 CFR Part 59, Subpart E. Therefore, the compounds 

that are used in aerosol coating products and that are identified in Subsection FFFF of 20.11.1. 7 NMAC as 

negligibly reactive and excluded from EPA's definition of VOC are to be counted towards a product's reactivity 

limit for the purposes of determining compliance with EPA's aerosol coatings reactivity-based national regulation, 

as provided in 40 CFR Part 59, Subpart E. 

GGGG. "Measurements, abbreviations. and acronyms" 

A-BC AQCB-Albuquerque- Bernalillo county air quality control board 

ABT-avemging, banking and trading (program) 

AIRS-aerometric infonnation retrieval system 

AMP A-Albuquerque metropolitan planning area 

20.11.1 NMAC 7 
API-American petroleum institute 

AQIA-air quality impact assessment 

AQI-air quality index 

AQS-air quality services 

ASE-national institute for automotive service excellence 

ASTM-American society for testing and materials 

ATS-allowance tracking system 

BACT -best available control technology 

Bhp-brake horsepower 

Btu-British thermal unit 

C-Celsius 

CAA(A)-federal Clean Air Act (Amendments) 

CEM-continuous emission monitor 

CFC(s)-chlorofluorocarbon(s) 

cfh-cubic feet per hour 

cfm-cubic feet per minute 

CFR-code of federal regulations 

CO,-carbon dioxide. 

CO-carbon monoxide. 

COG-mid-region council of governments 

CMAQ-congestion mitigation and air quality 

cu. in.-cubic inch(es) 

DER-discrete emission reduction 

DOE-department of energy 

DOT-U.S. department of transportation 

DPM-development process manual 

DRB-development review board 

EA-environmental assessment 

EHD-environmental health department 

EI-emission inventory 

EIS-environmental impact statement 

EPA-U.S. environmental protection agency 

EPC-environmental planning commission 

ERC-cmission reduction credit 

F-Fahrenheit 

FHWA-federal highway administration, DOT 

FMVCP-federal motor vehicle control program 

FR-federal register 

ft.-feet 

FTA-federal transit administration, DOT 

g-gram(s) 

glmole-grams per mole 

gal-U.S. gallon(s) 

GVW -gross vehicle weight 

GVWR-gross vehicle weight rating 

h-hour(s) 

HAP-hazardous air pollutants 

HC-hydrocarbon(s) 

Hg-mercury 

hp.-horsepower 

11M -inspection/maintenance 

in.-inch(es) 

ISTEA-Intermodal Surface-Transportation Efficiency Act (see SAFETEA-LU) 

K-Kelvin 

kg-kilogram( s) 

km-kilometer(s) 

20.11.1 NMAC 8 
kPa-kilopascal(s) 

lb.-pound(s) 

lb/day-pounds per day 

lb-ft-pound-feet 

lblhr-pounds per hour 

lb/yr-pounds per year 

LAER-lowest achievable emission rate 

LNG-liquefied natural gas 

LPG-liquefied petroleum gas 

LRTP-long range transportation plan 

m-meter(s) 

MACT -maximum achievable control technology 

max.-maximum 

MCO-manufacturer's certificate of origin 

Jig-microgram 

Jlg/m3 -microgram per cubic meter 

mg-milligram(s) 

mg/m3 -milligram per cubic meter 

mi.-mile(s) 

min-minute(s) 

ml-milliliter(s) 

mm-millimeter(s) 

MMBtu-million Btu 

mmHg-millimeters of mercury 

mph-miles per hour 

MPO-metropolitan planning organization 

MRCOG-mid-region council of governments 

MSERC-mobile source emission reduction credits 

MSMTC-mobile source modeling technical committee 

MTBE-methyl tertiary butyl ether 

MVD-motor vehicle division 

MWe-megawatt electrical 

N,-nitrogen 

NAAQS-national ambient air quality standards 

NAMS-national air monitoring station 

NCore-national core multi-pollutant monitoring network 

NDIR-NonDispersive InfraRed 

NEPA-National Environmental Policy Act 

NESCAUM/MARAMA-nortbeast states for coordinated air use management/mid-atlantic regional air management 

association 

NESHAP-national emission standards for hazardous air pollutants 

NIST -national institute of standards and technology 

NM-New Mexico 

NMAC-New Mexico administrative code 

NMSA-New Mexico statutes annotated 

NO-nitric oxide 

NO,-nitrogen dioxide 

NOx-oxides of nitrogen 

No-number 

NOV-notice of violation· 

NMHC-non-methane hydrocarbons 

NSPS-new source performance standards 

NSR-new source review 

o,-oxygen 

0 3-ozone 

OMTR-open market trading rule 

20.11.1 NMAC 9 
OTAG-ozone transport assessment group 

OTC-ozone transport commission 

Pb-lead 

PIC-public involvement committee 

PM -particulate matter 

PM, .. -particulate matter less than 2.5 microns 

PM 10-particulate matter less than I 0 microns 

ppm-parts per million by volume 

ppm C-parts per million, carbon 

PSD-prevention of significant deterioration 

psi-pounds per square inch 

psis-pounds per square inch absolute 

psig-pounds per square inch gauge 

PTE-potential to emit 

PWD-pathological waste destructor 

QF-qualifying facility 

R-Rankin 

RACT -reasonably available control technology 

R&D-research & development 

RECLAIM-regional clean air incentives market 

ROG-reactive organic gases 

rpm-revolutions per minute 

RTA-regional transit authority 

RTC-RECLAIM trading credit 

RVP-reid vapor pressure 

s-second( s) 

SAE-society of automotive engineers 

SAFETEA-LU-The Safe, Accountable, Flexible, Efficient Transportation Equity Act- A Legacy for Users 

SBAP-small business assistance program 

seC-standard cubic foot 

Sf-international system of units 

SIP-state implementation plan 

SLAMS-state and local air monitoring station 

SMOG-SMoke+ fOG 

so,-sulfur dioxide 

State DOT -New Mexico department of transportation 

STIP-state transportation improvement program 

TCC-transportation coordinating committee 

TCM -transportation control measure 

TES-transportation evaluation study 

TIP-transportation improvement program 

TMA-transportation management association 

tonlyr-tons per year 

TPTG-transportation program tssk group 

tpy-tons per year 

TSP-total suspended particulate 

UPWP-unified planning work program 

UTPPB-urban transportation planning policy board 

U.S.-United States 

UV -ultraviolet 

VE-visible emission(s) 

VIN -vehicle identification number 

VMT -vehicle miles traveled 

VOC-volatile organic compounds 

VPMD-vehicle pollution management division 

o/o·percent 

20.11.1 NMAC 10 
, 

0

-degree(s) 

[3/21177 .. .111!2/81, 11121181, 3/16/89, 6/16/92, 2/26/93, 9/23/94, 12/16/94, 12/1195, 8/1/96; 20.11.1.7 NMACRn, 20 NMAC ll.Ol.I.7, 10/1102; A, 7/1104; A, 9/14/09; A, 1110/11] 

20.11.1.8 VARIANCES: [Reserved] 

[12/1195; 20.11.1.8 NMAC- Rn, 20 NMAC il.Ol.I.8, 10/1102] 

20.11.1.9 SAVINGS CLAUSE: Any amendment to 20.11.1 NMAC which is filed with the state records 

center shall not affect actions pending for violation of a city or county ordinance, or 20.11.1 NMAC. Prosecution 

for a violation under prior regulation wording shall be governed and prosecuted under the statute, ordinance, part or 

regulation section in effect at the time the violation was committed. 

[12/1195; 20.11.1.9 NMAC- Rn, 20 NMAC ll.Ol.l.9, 10/1102; A, 9/14/09] 

20.11.1.10 SEVERABILITY: If any section, paragraph, sentence, clause or word of20.11.1 NMAC or any 

fedeml standsrds incorporated herein is for any reason held to be unconstitutional or otherwise invalid by any court, 

the decision shall not affect the validity of remaining provisions of 20.11.1 NMAC. 

[12/1195; 20.11.1.10 NMAC- Rn, 20 NMAC ll.Ol.I.IO, 10/1102; A, 9/14/09] 

20.11.1.11 DOCUMENTS: Documents incorporated and cited in 20.11.1 NMAC maybe viewed at the 

Albuquerque environmental health department, 400 Marquette NW, Albuquerque, NM. 

[12/1195; 20.11.1.11 NMAC- Rn, 20 NMAC ll.Ol.l.ll & A, 10/1102; A, 9/14/09] 

20.11.1.12 [Reserved] 

[12/1195; 20.11.1.12 NMAC- Rn, 20 NMAC 11.01.1.12 & Repealed, 10/1/02; Rn, 20 NMAC ll.Ol.II.l, 10/1/02] 

20.11.1.13 [Reserved] 

[11112/81. .. 3/24/82, 8/1196; 20.11.1.13 NMAC - Rn, 20 NMAC 11.01.11.2, 10/1102; Repealed, 7/1104] 

20.11.1.14 [Reserved] 

[3/24/82; 20.11.1.14 NMAC- Rn, 20 NMAC 11.01.11.3, 10/1102; Repealed, 9/14/09] 

HISTORY OF 20.11.1 NMAC: 

Pre-NMAC History: The material in this part was derived from that previously filed with the Commission of 

Public Records- State Records Center and Archives. 

Resolution No. I, Air Pollution Control Regulations of the Albuquerque- Bernalillo County Air Quality Control 

Board, 8/6171; 

Regulation No. I, Air Pollution Control Regulations, 6/6173; 

Regulation No. I, Air Pollution Control Regulations, 7 /9173; 

Regulation No. I, Air Pollution Control Regulations, 3/21177; 

Regulation No. I, Resolutions - Air Pollution Control Regulations, 3/24/82; 

Regulation No. I, Resolution- Air Pollution Regulations, 6/18/86; 

Resolution No.2, Ambient Air Quality Standards of the Albuquerque- Bernalillo County Air Quality Control 

Board, 8/6171; 

Resolution No. 2, Ambient Air Quality Standards of the Albuquerque - Bernalillo County Air Quality Control 

Board, 6/6173; 

Standard No. I, Ambient Air Quality Standards, 11112/81; 

Regulation No. 2, Defmitions, 3/24/82; 

Regulation No. 2, Defmitions, 1/3/85; 

Regulation No.2, Defmitions, 3/16/89; 

Regulation No. 2, Defmitions, 11127/91; 

Regulation No.2, Defmitions, 6/16/92; 

Regulation No. 26, Interpretation, 3/24/82. 

History of Repealed Material: [RESERVED] 

20.11.1 NMAC 11 
Other History: Regulation No. l, Air Pollution Regulations, filed 6/18/86; Standard No. l, Ambient Air Quality 

Standards, filed ll/12/81; Regulation No.2, Defmitions, filed 6/16/92; and Regulation No. 26, Inteq>retation, filed 

3/24/82; were all renumbered and reformatted into first version of the New Mexico Administrative Code as 20 

NMAC ll.Ol, General Provisions, filed 10/27/95. 

20 NMAC 11.01, General Provisions, filed 10/27-95 was renumbered, reformatted, amended and replaced by 

20.11.1 NMAC, General Provisions, effective 10/1102. 

20.11.1 NMAC 

' 

12 
ATTACHMENT C 

The amended rules as published in the New Mexico Register on December 30, 2010, 

Volume XXI. Number 24 

http://www.nmcpr.state.nm.us/nmreqister/ 
New Mexico Register / Volume XXI, Number 24 / December 30, 2010 

20.11.1 NMAC 1

This is an amendment to 20.11.1 NMAC, Section 7, effective 1/10/11. 

20.11.1.7 DEFINITIONS: The definitions of 20.11.1 NMAC apply unless there is a conflict between 

definitions in other parts, in which case the definition found in the applicable part shall govern. The definitions 

include the measurements, abbreviations, and acronyms in Subsection GGGG, of 20.11.1.7 NMAC. 

 A. “Abnormal operating conditions” means the startup or shutdown of air pollution control 

device(s) or process equipment. 

 B. “Administrator” means the administrator of the United States environmental protection agency 

or his or her designee. 

 C. “Affected source” or “facility” means any stationary source, or any other source of air pollutants, 

that must comply with an applicable requirement. 

 D. “Air agency”, “department” or “EHD” means the environmental health department (EHD) of 

the city of Albuquerque. The EHD, or its successor agency or authority, as represented by the department director 

or his/her designee, is the lead air quality planning agency for the Albuquerque - Bernalillo county 

nonattainment/maintenance area. The EHD serves as staff to the Albuquerque - Bernalillo county air quality control 

board, (A-BC AQCB), and is responsible for the administration and enforcement of the A-BC AQCB regulations. 

 E. “Air contaminant” or “air pollutant” means an air pollution agent or combination of such 

agents, including any physical, chemical, biological, radioactive (including source material, special nuclear material, 

and byproduct material) substance or matter which is emitted into or otherwise enters the ambient air. Such term 

includes any precursors to the formation of any air pollutant; to the extent the EPA has identified such precursor or 

precursors for the purpose for which the term "air pollutant" is used. This excludes water vapor, nitrogen (N2), 

[carbon dioxide (CO2),] oxygen (O2), [methane] and ethane. 

 F. “Air pollution” means the emission, except as such emission occurs in nature, into the outdoor 

atmosphere of one or more air contaminants in such quantities and duration as may with reasonable probability 

injure human health, animal or plant life, or as may unreasonably interfere with the public welfare, visibility or the 

reasonable use of property. 

 G. “Air quality control act” means the State of New Mexico Air Quality Control Act, Chapter 74, 

Article 2, NMSA 1978 as amended. 

 H. “Air quality control board”, “board” or “A-BC AQCB” means the Albuquerque - Bernalillo 

county air quality control board, which is empowered by federal act, the Air Quality Control Act, and ordinances, to 

prevent or abate air pollution within the boundaries of Bernalillo county, except for Indian lands over which the 

board lacks jurisdiction. 

 I. “Allowable emissions” means: 

 (1) Any department or federally enforceable permit term or condition which limits the quantity, rate, 

or concentration of emissions of air pollutants on a continuous basis, including any requirements which limits the 

level of opacity, prescribe equipment, set fuel specifications, or prescribe operation or maintenance procedures for a 

source to assure continuous reduction that are requested by the applicant and approved by the department or, 

determined at the time of issuance or renewal of a permit to be an applicable requirement. 

 (2) Any federally enforceable emissions cap that the permittee has assumed to avoid an applicable 

requirement to which the source would otherwise be subject. 

 J. “Ambient” means that portion of the atmosphere, external to buildings, to which the general 

public has access. 

 K. “Applicable requirement” means any of the following (and includes requirements that have been 

promulgated or approved by the board or EPA through rulemaking): 

 (1) any standard or other requirement provided for in the New Mexico state implementation plan 

approved by EPA, or promulgated by EPA through rulemaking, under Title I, including Parts C or D, of the federal 

act; 

 (2) any term or condition of any pre-construction permit issued pursuant to regulations approved or 

promulgated through rulemaking under Title I, including parts C or D, of the federal act; 

 (3) any standard or other requirement: 

 (a) under Section 111 or 112 of the federal act; 

 (b) of the acid rain program under Title IV of the federal act or the regulations promulgated

thereunder; 

 (c) governing solid waste incineration under Section 129 of the federal act; 

 (d) for consumer and commercial products under Section 183(e) of the federal act; 
New Mexico Register / Volume XXI, Number 24 / December 30, 2010 

20.11.1 NMAC 2

 (e) of the regulations promulgated to protect stratospheric ozone under Title VI of the federal 

act, unless the administrator has determined that such requirements need not be contained in a Title V permit; 

 (4) any requirements established pursuant to Section 504(b) or Section 114(a)(3) of the federal act; 

 (5) any national or state ambient air quality standard; 

 (6) any increment or visibility requirement under Part C of Title I of the federal act applicable to 

temporary sources permitted pursuant to Section 504(e) of the federal act; 

 (7) any regulation adopted by the board in accordance with the joint air quality control board 

ordinances pursuant to the Air Quality Control Act, and the laws and regulations in effect pursuant to the Air 

Quality Control Act. 

 L. “Breakdown or upset” means any sudden, infrequent, and not reasonably preventable failure of 

air pollution control equipment, or process equipment, which causes a process to not operate in a normal manner. 

Failures that are caused by process imbalance, poor maintenance or careless operation are not breakdowns. 

 M. “Carbon monoxide” or “CO” means a colorless, odorless, poisonous gas composed of 

molecules containing a single atom of carbon and a single atom of oxygen with a molecular weight of 28.01 g/mole. 

 N. “Chemical process” means any manufacturing processing operation in which one or more 

changes in chemical composition or chemical properties are involved. 

 O. “Coal burning equipment” means any device used for the burning of coal for the primary 

purpose of producing heat or power by indirect heat transfer in which the products of combustion do not come into 

direct contact with other materials. 

 P. “Commenced” means that an owner or operator has undertaken a continuous program of 

construction or that an owner or operator has entered into a binding agreement or contractual obligation to undertake 

and complete, within a reasonable time, a continuous program of construction or modification. 

 Q. “Construction” means fabrication, erection, or installation of an affected facility. 

 R. “Crematory” means any combustion unit designed and used solely for cremating human or 

animal remains or parts and tissues thereof, and other items normally associated with the cremation process, but not 

including pathological waste. 

 S. “Department” means the Albuquerque environmental health department, which is the 

administrative agency of the Albuquerque - Bernalillo county air quality control board. 

 T. “Director” means the administrative head of the Albuquerque environmental health department or 

a designated representative(s). 

 U. “Emission limitation or standard” means a requirement established by EPA, the state 

implementation plan (SIP), the Air Quality Control Act, local ordinance, permit, or board regulation, that limits the 

quantity, rate or concentration, or combination thereof, of emissions of regulated air pollutants on a continuous 

basis, including any requirements relating to the operation or maintenance of a source to assure continuous 

reduction. 

 V. “EPA” means the United States environmental protection agency or the EPA's duly authorized 

representative. 

 W. “Excess emissions” means the emission of an air contaminant, including a fugitive emission, in 

excess of the quantity, rate, opacity or concentration specified by an air quality regulation or permit condition. 

 X. “Excess emissions report” means a report submitted by a stationary source at the request of the 

department in order to provide data on the source's compliance with emission limits and operating parameters. 

 Y. “Federal act”, “act” or “CAA” means the Federal Clean Air Act, 42 U.S.C. Section 7401 

through 7671 et seq., as amended. 

 Z. “Federal class I wilderness areas” means areas designated by the EPA as such. Federal class I 

wilderness areas within 100 kilometers of Bernalillo county are Bandelier wilderness, Pecos wilderness, and San 

Pedro Parks wilderness. 

 AA. “Fluid” means either of the two states of matter, liquid or gaseous. 

 BB. “Fugitive emissions” means any emissions which cannot reasonably pass through a stack, 

chimney, vent, or other functionally-equivalent opening or is not otherwise collected, unless the emission is 

otherwise regulated by the federal act, the Air Quality Control Act, or the laws and regulation in effect pursuant to 

the act. 

CC. “Greenhouse gases” or “GHGs” means the air pollutant defined in § 86.1818–12(a) of Chapter I 

of Title 40 of the CFR, as the aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, 

hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.

 [CC.] DD. “Grain” means that unit of weight, which is equivalent to 0.0648 grams. 
New Mexico Register / Volume XXI, Number 24 / December 30, 2010 

20.11.1 NMAC 3

 [DD.] EE. “Hazardous air pollutant” means an air contaminant which has been classified pursuant 

to the federal act, the Air Quality Control Act, or laws and regulations in effect pursuant to the act. 

 [EE.] FF. “Hydrocarbons” or “HC” means any chemical compound of a class of aliphatic, cyclic, 

or aromatic chemical compounds containing mostly hydrogen and carbon. Hydrocarbons are highly reactive in the 

presence of nitrogen oxides and sunlight. All are precursors to more serious air pollutants such as ozone and 

nitrogen dioxide. 

 [FF.] GG. “Hydrogen sulfide” or “H2S” means the chemical compound containing two atoms of 

hydrogen and one of sulfur with a molecular weight of 34.07 g/mole. 

 [GG.] HH. “Incinerator” means any furnace used in the process of burning solid waste for the 

purpose of reducing the volume, by removing combustible matter. 

 [HH.] II. “Inedible animal by-product processing” means operations primarily engaged in 

rendering, cooking, drying, dehydration, digesting, evaporating or concentrating of animal proteins and fats. 

 [II.] JJ. “Kraft mill” means any pulping process, which uses an alkaline solution for a cooking liquor. 

 [JJ.] KK. “Lead” or “Pb” means a heavy metal, with a molecular weight of 207.19 g/mole that is 

hazardous to health if breathed or swallowed. 

 [KK.] LL. “Malfunction” means any sudden and unavoidable failure of air pollution control 

equipment or process equipment beyond the control of the owner or operator, including malfunction during startup 

or shutdown. A failure that is caused entirely or in part by poor maintenance, careless operation, or any other 

preventable equipment breakdown shall not be considered a malfunction. 

 [LL.] MM. “Modification” means any physical change in or change in the method of operation of a 

source that results in an increase in the potential emission rate of any regulated air contaminant emitted by the 

source or that results in the emission of any regulated air contaminant not previously emitted, but does not include: 

 (1) a change in ownership of the source; 

 (2) routine maintenance, repair or replacement; 

 (3) installation of air pollution control equipment, and all related process equipment and materials 

necessary for its operation, undertaken for the purpose of complying with regulations adopted by the environmental 

improvement board or the local board or pursuant to the federal act; or 

 (4) unless previously limited by enforceable permit conditions: 

 (a) an increase in the production rate, if such increase does not exceed the operating design

capacity of the source; 

 (b) an increase in the hours of operation; or 

 (c) use of an alternative fuel or raw material if, prior to January 6, 1975, the source was capable 

of accommodating such fuel or raw material, or if use of an alternate fuel or raw material is caused by any natural 

gas curtailment or emergency allocation or any other lack of supply of natural gas. 

 [MM.] NN. “New source” means any stationary source, the construction or modification of which is 

commenced after the filing of a regulation applicable to the stationary source. 

 [NN.] OO. “Nitrogen dioxide” or “NO2” means a reddish brown, poisonous gas composed of 

molecules containing a single atom of nitrogen and two of oxygen with a molecular weight of 46.0 g/mole. 

 [OO.] PP. “Nitrogen oxides or NOX” is a class of chemicals containing varying quantities of 

nitrogen and oxygen that are created from combustion processes taking place at high temperatures and high 

pressures (e.g., inside automotive engine cylinders or in high temperature boilers). Examples of nitrogen oxides are 

NO, NO2, NO3, N2O2, and N2O5. Nitrogen oxides are also referred to as oxides of nitrogen. 

 [PP.] QQ. “NMAC” means New Mexico administrative code, which contains the rules adopted by 

all rulemaking agencies of the state of New Mexico and the rules adopted by the A-BC AQCB. 

 [QQ.] RR. “Open burning” means the combustion of any material without the following 

characteristics: 

 (1) control of combustion air to maintain adequate temperature for efficient combustion; 

 (2) containment of the combustion reaction in an enclosed device to provide sufficient residence time 

and mixing for complete combustion; and 

 (3) emission controls for the gaseous combustion products. 

 [RR.] SS. “Operator” means the person(s) responsible for the overall operation of a source. 

 [SS.] TT. “Owner” means the person(s) who owns a source or part of a source. 

 [TT.] UU. “Ozone or O3” means a pungent, colorless gas composed of molecules containing three 

atoms of oxygen with a molecular weight of 48.0 g/mole. 
New Mexico Register / Volume XXI, Number 24 / December 30, 2010 

20.11.1 NMAC 4

 [UU.] VV. “Part” means the required NMAC designation for the normal division of a chapter. A 

part consists of a unified body of rule material applying to a specific function or devoted to a specific subject matter. 

Structurally, a part is the equivalent of a rule. 

 [VV.] WW. “Particulate matter” or “PM” means any airborne finely divided solid or liquid 

material such as dust, smoke, mist, fumes or smog found in air or emissions. 

 [WW.] XX. “Particulate matter emissions” means all finely divided solid or liquid material, other 

than uncombined water, emitted to the ambient air as measured by the reference method in 40 CFR 60, Appendix A, 

Method 5, or an equivalent method approved by the EPA. 

 [XX.] YY. “Pathological waste destructor” means any equipment, which is used to dispose of 

pathological waste by combustion or other process, which is approved by EPA. 

 [YY.] ZZ. “Performance test” means the data, which is the result of a test performed as required 

by the department to determine compliance. 

 [ZZ.] AAA. “Permit” means any permit or group of permits, modifications, renewals or revisions 

authorizing the construction or operation of a stationary source pursuant to the federal act, the Air Quality Control 

Act, or laws and regulations in effect pursuant to the act. 

 [AAA.] BBB. “Permittee” means the owner or operator identified in any permit application or permit. 

 [BBB.] CCC. “Person” means any individual, partnership, firm, public or private corporation, 

association, trust, estate, political subdivision or agency, or any other legal entity or their legal representatives, 

agents or assigns. 

 [CCC.] DDD. “Photochemical oxidants” means an air pollutant, which is formed by the action of 

sunlight on oxides of nitrogen and hydrocarbons. 

 [DDD.] EEE. “PM10 ”, “PM2.5 ”or “PM1” means particulate matter with an aerodynamic diameter less 

than or equal to 10, 2.5, or 1 micrometers, respectively. 

 [EEE.] FFF. “PM2.5 emissions” means finely divided solid or liquid material with an aerodynamic 

diameter less than or equal to a nominal 2.5 micrometers emitted into the ambient air as measured by the reference 

method in 40 CFR Part 50, Appendix L, approved by the EPA. 

 [FFF.] GGG. “PM10 emissions” means finely divided solid or liquid material with an aerodynamic 

diameter less than or equal to a nominal 10 micrometers emitted into the ambient air as measured by the reference 

method in 40 CFR Part 50, Appendix J and M, or equivalent method approved by the EPA. 

 [GGG.] HHH. “Pollution control device” or “air pollution control equipment” means any device, 

equipment, process or combination thereof, the operation of which may limit, capture, reduce, confine, or otherwise 

control regulated air pollutants or convert for the purposes of control any regulated air pollutant to another form, 

another chemical or another physical state. This includes, but is not limited to, sulfur recovery units, acid plants, 

baghouses, precipitators, scrubbers, cyclones, water sprays, enclosures, catalytic converters, and steam or water 

injection. 

 [HHH.] III. “Portable stationary source” or “temporary stationary source” means a stationary 

source capable of changing its location with limited dismantling or reassembly which is associated with a specific 

construction project or increased production demand. 

 [III.] JJJ. “Potential to emit” or “pre-controlled emission rate” means the maximum capacity of 

a stationary source to emit any air contaminant under its physical and operational design. Any physical or 

operational limitation on the capacity of a source to emit an air pollutant, including air pollution control equipment 

and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be 

treated as part of its design if the limitation is federally enforceable or is included in a permit issued by the 

department. However, the potential to emit for nitrogen dioxide shall be based on total oxides of nitrogen. 

 [JJJ.] KKK. “Process equipment” means any equipment used for storing, handling, transporting, 

processing or changing any materials whatsoever but excluding that equipment specifically defined in these 

regulations as incinerators, crematories, pathological waste destructors, pathological destructors and medical waste 

destructors. 

 [KKK.] LLL. “Process weight” means the total weight of all materials introduced into any specific 

process, which causes any discharge of air contaminants into the atmosphere. Solid fuels introduced into any 

specific process will be considered as part of the process weight, but liquid and gaseous fuels and combustion air 

will not. 

 [LLL.] MMM. “Process weight rate” means the hourly rate derived by dividing the total process weight 

by the number of hours in one complete operation from the beginning of any given process to the completion 

thereof, or from the beginning to the completion of a typical portion thereof, excluding any time during which the 

equipment is idle. 
New Mexico Register / Volume XXI, Number 24 / December 30, 2010 

20.11.1 NMAC 5

 [MMM. [Reserved]] 

 NNN. “Regulated air pollutant” means the following: 

 (1) any pollutant for which a national, state, or local ambient air quality standard has been 

promulgated; 

 (2) any pollutant that is subject to any standard promulgated under Section 111 of the federal act; 

 (3) any Class I or II substance subject to any standard promulgated under or established by Title VI 

of the federal act; or 

 (4) any pollutant subject to a standard promulgated under Section 112 or any other requirements 

established under Section 112 of the federal act. 

 OOO. “Responsible official” means one of the following: 

 (1) for a corporation: a president, secretary, treasurer, or vice-president of the corporation in charge 

of a principal business function, or any other person who performs similar policy or decision-making functions for 

the corporation, or a duly authorized representative of such person if the representative is responsible for the overall 

operation of one or more manufacturing, production, or operating facilities applying for, or subject to a permit and 

either: 

 (a) the facilities employ more than 250 persons or have gross annual sales or expenditures 

exceeding $25 million (in second quarter 1980 dollars); or 

 (b) the delegation of authority to such representatives is approved in advance by the 

department; 

 (2) for a partnership or sole proprietorship: a general partner or the proprietor, respectively; 

 (3) for a municipality, state, federal or other public agency: either a principal executive officer or 

ranking elected official; for the purposes of 20.11.1 NMAC, a principal executive officer of a federal agency 

includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of 

the agency (e.g., a regional administrator of EPA); or 

 (4) for an acid rain source:

 (a) the designated representative (as defined in Section 402(26) of the federal act) in so far as 

actions, standards, requirements, or prohibitions under Title IV of the federal act or the regulations promulgated 

thereunder are concerned; and 

 (b) the designated representative for any other purposes under 40 CFR Part 70. 

 PPP. “Shutdown” means the cessation of operation of any air pollution control equipment, or process 

equipment. 

 QQQ. [Reserved] 

 RRR. [Reserved] 

 SSS. “Smoke” means small gas-borne particles resulting from incomplete combustion, consisting 

predominantly, but not exclusively, of carbon, soot and combustible material. 

 TTT. “Solid waste” means garbage; refuse; yard waste; food wastes; plastics; leather; rubber; sludge; 

and other discarded combustible or noncombustible waste, including solid, liquid, semisolid; or contained gaseous 

material resulting from industrial, commercial, mining, and agricultural operations, and from community or 

residential activities, and from waste treatment plants, water supply treatment plants, or air pollution control 

facilities; but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in 

irrigation return flows or industrial discharges which are point sources subject to permit under Section 402 of the 

Federal Water Pollution Control Act, or source, special nuclear, or byproduct material as defined by the Atomic 

Energy Act. 

 UUU. [Reserved] 

 VVV. “Stack, chimney, vent, or duct” means any conduit or duct emitting particulate or gaseous 

emissions into the open air. 

 WWW. “Standard conditions” means the conditions existing at a temperature of 70o

 F (25o C) and 

pressure of 14.7 psia (760 mmHg). 

 XXX. “Standard cubic foot” means a measure of the volume of one cubic foot of gas at standard 

conditions. 

 YYY. “Startup” means setting into operation any air pollution control equipment, or process equipment. 

 ZZZ. “Stationary source” means any building, structure, facility or installation, which is either 

permanent or temporary, excluding a private residence, that emits or may emit any regulated air pollutant or any 

pollutant listed under Section 112(b) of the federal act, the Air Quality Control Act, or the laws and regulations in 

effect pursuant to the act. Several buildings, structures, facilities, or installations, or any combinations will be 

treated as a single stationary source if they belong to the same industrial grouping, are located on one or more 
New Mexico Register / Volume XXI, Number 24 / December 30, 2010 

20.11.1 NMAC 6

contiguous or adjacent properties, and are under the control of the same person, or persons, or are under common 

control. Pollutant-emitting activities shall be treated as the same industrial grouping if they have the same first two 

digits of an applicable standard industrial classification (SIC) code as described in the standard industrial 

classification manual, or if they have the same first three digits of an applicable north american industry 

classification system (NAICS) code. 

 AAAA. “Sulfur dioxide” or “SO2” means a pungent, colorless, poisonous gas composed of molecules 

containing a single atom of sulfur and two atoms of oxygen with a molecular weight of 64.07 g/mole. 

 BBBB. “Total reduced sulfur” means any combination of sulfur compounds, except sulfur dioxide and 

free sulfur, which test as reduced sulfur, including, but not limited to, hydrogen sulfide, methyl mercaptan, and ethyl 

mercaptan. 

 CCCC. “Total suspended particulate” or “TSP” means particulate matter as measured by the method 

described in 40 CFR Part 50, Appendix B. 

 DDDD. “Vapors” means the gaseous form of a substance, which exists in the liquid or solid state at 

standard conditions. 

 EEEE. “Visible emission” means an emission that can be seen because its opacity or optical density is 

above the threshold of vision. 

 FFFF. “Volatile organic compounds” or “VOC” means any compound of carbon, excluding carbon 

monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, which 

participates in atmospheric photochemical reactions. 

 (1) VOC includes any such organic compound other than the following, which have been determined 

to have negligible photochemical reactivity: methane; ethane; methylene chloride (dichloromethane); 1,1,1-

trichloroethane (methyl chloroform); 1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113); trichlorofluoromethane (CFC11); dichlorodifluoromethane (CFC-12); chlorodifluoromethane (HCFC-22); trifluoromethane (HFC-23); 1,2-

dichloro 1,1,2,2-tetrafluoroethane (CFC-114); chloropentafluoroethane (CFC-115); 1,1,1-trifluoro 2,2-

dichloroethane (HCFC-123); 1,1,1,2-tetrafluoroethane (HFC-134a); 1,1-dichloro 1-fluoroethane (HCFC-141b); 1-

chloro 1,1-difluoroethane (HCFC-142b); 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124); pentafluoroethane 

(HCFC-125); 1,1,2,2-tetrafluoroethane (HFC-134); 1,1,1-trifluoroethane (HFC-143a); 1,1-difluoroethane (HFC152a); parachlorobenzotrifluoride (PCBTF); cyclic, branched, or linear completely methylated siloxanes; acetone; 

perchloroethylene (tetrachloroethylene); 3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC–225ca); 1,3-dichloro1,1,2,2,3-pentafluoropropane (HCFC–225cb); 1,1,1,2,3,4,4,5,5,5-decafluoropentane(HFC 43–10mee); 

difluoromethane(HFC–32); ethylfluoride (HFC–161); 1,1,1,3,3,3-hexafluoropropane (HFC–236fa); 1,1,2,2,3-

pentafluoropropane (HFC–245ca); 1,1,2,3,3-pentafluoropropane (HFC–245ea); 1,1,1,2,3-pentafluoropropane (HFC–

245eb); 1,1,1,3,3-pentafluoropropane (HFC–245fa); 1,1,1,2,3,3-hexafluoropropane (HFC–236ea); 1,1,1,3,3-

pentafluorobutane (HFC–365mfc); chlorofluoromethane (HCFC–31); 1 chloro-1-fluoroethane (HCFC–151a); 1,2-

dichloro-1,1,2-trifluoroethane (HCFC–123a); 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F9OCH3 or HFE7100); 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OCH3); 1-ethoxy1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F9OC2H5 or HFE-7200); 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-

heptafluoropropane ((CF3)2CFCF2OC2H5); methyl acetate; 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (nC3F7OCH3 or HFE-7000); 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane (HFE-7500); 

1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea); methyl formate (HCOOCH3); 1,1,1,2,2,3,4,5,5,5-decafluoro-3-

methoxy-4-trifluoromethyl-pentane (HFE-7300); propylene carbonate; dimethyl carbonate; and perfluorocarbon 

compounds which fall into these classes: 

 (a) cyclic, branched, or linear, completely fluorinated alkanes; 

 (b) cyclic, branched, or linear, completely fluorinated ethers with no unsaturations; 

 (c) cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; 

and 

 (d) sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to 

carbon and fluorine. 

 (2) For purposes of determining compliance with emissions limits, VOC will be measured by the test 

methods in the approved state implementation plan (SIP) or 40 CFR Part 60, Appendix A, as applicable. Where 

such a method also measures compounds with negligible photochemical reactivity, these negligibility-reactive 

compounds may be excluded as VOC if the amount of such compounds is accurately quantified, and such exclusion 

is approved by the enforcement authority. 

 (3) As a precondition to excluding these compounds as VOC or at any time thereafter, the 

enforcement authority may require an owner or operator to provide monitoring or testing methods and results 
New Mexico Register / Volume XXI, Number 24 / December 30, 2010 

20.11.1 NMAC 7

demonstrating, to the satisfaction of the enforcement authority, the amount of negligibly-reactive compounds in the 

source’s emissions. 

 (4) For purposes of federal enforcement for a specific source, the EPA shall use the test methods 

specified in the applicable EPA-approved SIP, in a permit issued pursuant to a program approved or promulgated 

under Title V of the act, or under 40 CFR Part 51, Subpart I or Appendix S, or under 40 CFR Parts 52 or 60. The 

EPA shall not be bound by any state determination as to appropriate methods for testing or monitoring negligiblyreactive compounds if such determination is not reflected in any of the above provisions. 

 (5) The following compound(s) are VOC for purposes of all recordkeeping, emissions reporting, 

photochemical dispersion modeling and inventory requirements which apply to VOC and shall be uniquely 

identified in emission reports, but are not VOC for purposes of VOC emissions limitations or VOC content 

requirements: t-butyl acetate. 

 (6) For the purposes of determining compliance with California's aerosol coatings reactivity-based 

regulation, (as described in the California Code of Regulations, Title 17, Division 3, Chapter 1, Subchapter 8.5, 

Article 3), any organic compound in the volatile portion of an aerosol coating is counted towards that product's 

reactivity-based limit. Therefore, the compounds identified in Subsection FFFF of 20.11.1.7 NMAC as negligibly 

reactive and excluded from EPA's definition of VOCs are to be counted towards a product's reactivity limit for the 

purposes of determining compliance with California's aerosol coatings reactivity-based regulation. 

 (7) For the purposes of determining compliance with EPA’s aerosol coatings reactivity based 

regulation (as described in 40 CFR Part 59 - National Volatile Organic Compound Emission Standards for 

Consumer and Commercial Products) any organic compound in the volatile portion of an aerosol coating is counted 

towards the product’s reactivity-based limit, as provided in 40 CFR Part 59, Subpart E. Therefore, the compounds 

that are used in aerosol coating products and that are identified in Subsection FFFF of 20.11.1.7 NMAC as 

negligibly reactive and excluded from EPA’s definition of VOC are to be counted towards a product’s reactivity 

limit for the purposes of determining compliance with EPA’s aerosol coatings reactivity-based national regulation, 

as provided in 40 CFR Part 59, Subpart E. 

 GGGG. “Measurements, abbreviations. and acronyms” 

A-BC AQCB-Albuquerque - Bernalillo county air quality control board 

ABT-averaging, banking and trading (program) 

AIRS-aerometric information retrieval system 

AMPA-Albuquerque metropolitan planning area 

API-American petroleum institute 

AQIA-air quality impact assessment 

AQI-air quality index 

AQS-air quality services 

ASE-national institute for automotive service excellence 

ASTM-American society for testing and materials 

ATS-allowance tracking system 

BACT-best available control technology 

Bhp-brake horsepower 

Btu-British thermal unit 

C-Celsius 

CAA(A)-federal Clean Air Act (Amendments) 

CEM-continuous emission monitor 

CFC(s)-chlorofluorocarbon(s) 

cfh-cubic feet per hour 

cfm-cubic feet per minute 

CFR-code of federal regulations 

CO2-carbon dioxide. 

CO-carbon monoxide. 

COG-mid-region council of governments 

CMAQ-congestion mitigation and air quality 

cu. in.-cubic inch(es) 

DER-discrete emission reduction 

DOE-department of energy 

DOT-U.S. department of transportation 

DPM-development process manual 
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20.11.1 NMAC 8

DRB-development review board 

EA-environmental assessment 

EHD-environmental health department 

EI-emission inventory 

EIS-environmental impact statement 

EPA-U.S. environmental protection agency 

EPC-environmental planning commission 

ERC-emission reduction credit 

F-Fahrenheit 

FHWA-federal highway administration, DOT 

FMVCP-federal motor vehicle control program 

FR-federal register 

ft.-feet 

FTA-federal transit administration, DOT 

g-gram(s) 

g/mole-grams per mole 

gal-U.S. gallon(s) 

GVW-gross vehicle weight 

GVWR-gross vehicle weight rating 

h-hour(s) 

HAP-hazardous air pollutants 

HC-hydrocarbon(s) 

Hg-mercury 

hp.-horsepower 

I/M-inspection/maintenance 

in.-inch(es) 

ISTEA-Intermodal Surface-Transportation Efficiency Act (see SAFETEA-LU) 

K-Kelvin 

kg-kilogram(s) 

km-kilometer(s) 

kPa-kilopascal(s) 

lb.-pound(s) 

lb/day-pounds per day 

lb-ft-pound-feet 

lb/hr-pounds per hour 

lb/yr-pounds per year 

LAER-lowest achievable emission rate 

LNG-liquefied natural gas 

LPG-liquefied petroleum gas 

LRTP-long range transportation plan 

m-meter(s) 

MACT-maximum achievable control technology 

max.-maximum 

MCO-manufacturer's certificate of origin 

μg-microgram 

μg/m3

-microgram per cubic meter 

mg-milligram(s) 

mg/m3

-milligram per cubic meter 

mi.-mile(s) 

min-minute(s) 

ml-milliliter(s) 

mm-millimeter(s) 

MMBtu-million Btu 

mmHg-millimeters of mercury 

mph-miles per hour 

MPO-metropolitan planning organization 
New Mexico Register / Volume XXI, Number 24 / December 30, 2010 

20.11.1 NMAC 9

MRCOG-mid-region council of governments 

MSERC-mobile source emission reduction credits 

MSMTC-mobile source modeling technical committee 

MTBE-methyl tertiary butyl ether 

MVD-motor vehicle division 

MWe-megawatt electrical 

N2-nitrogen 

NAAQS-national ambient air quality standards 

NAMS-national air monitoring station 

NCore-national core multi-pollutant monitoring network 

NDIR-NonDispersive InfraRed 

NEPA-National Environmental Policy Act 

NESCAUM/MARAMA-northeast states for coordinated air use management/mid-atlantic regional air management 

association 

NESHAP-national emission standards for hazardous air pollutants 

NIST-national institute of standards and technology 

NM-New Mexico 

NMAC-New Mexico administrative code 

NMSA-New Mexico statutes annotated 

NO-nitric oxide 

NO2-nitrogen dioxide 

NOx-oxides of nitrogen 

No-number 

NOV-notice of violation 

NMHC-non-methane hydrocarbons 

NSPS-new source performance standards 

NSR-new source review 

O2-oxygen 

O3-ozone 

OMTR-open market trading rule 

OTAG-ozone transport assessment group 

OTC-ozone transport commission 

Pb-lead 

PIC-public involvement committee 

PM-particulate matter 

PM2.5-particulate matter less than 2.5 microns 

PM10-particulate matter less than 10 microns 

ppm-parts per million by volume 

ppm C-parts per million, carbon 

PSD-prevention of significant deterioration 

psi-pounds per square inch 

psia-pounds per square inch absolute 

psig-pounds per square inch gauge 

PTE-potential to emit 

PWD-pathological waste destructor 

QF-qualifying facility 

R-Rankin 

RACT-reasonably available control technology 

R&D-research & development 

RECLAIM-regional clean air incentives market 

ROG-reactive organic gases 

rpm-revolutions per minute 

RTA-regional transit authority 

RTC-RECLAIM trading credit 

RVP-reid vapor pressure 

s-second(s) 
New Mexico Register / Volume XXI, Number 24 / December 30, 2010 

20.11.1 NMAC 10

SAE-society of automotive engineers 

SAFETEA-LU-The Safe, Accountable, Flexible, Efficient Transportation Equity Act - A Legacy for Users 

SBAP-small business assistance program 

scf-standard cubic foot 

SI-international system of units 

SIP-state implementation plan 

SLAMS-state and local air monitoring station 

SMOG-SMoke + fOG 

SO2-sulfur dioxide 

State DOT-New Mexico department of transportation 

STIP-state transportation improvement program 

TCC-transportation coordinating committee 

TCM-transportation control measure 

TES-transportation evaluation study 

TIP-transportation improvement program 

TMA-transportation management association 

ton/yr-tons per year 

TPTG-transportation program task group 

tpy-tons per year 

TSP-total suspended particulate 

UPWP-unified planning work program 

UTPPB-urban transportation planning policy board 

U.S.-United States 

UV-ultraviolet 

VE-visible emission(s) 

VIN-vehicle identification number 

VMT-vehicle miles traveled 

VOC-volatile organic compounds 

VPMD-vehicle pollution management division 

%-percent o

-degree(s) 

[3/21/77. . .11/12/81, 11/21/81, 3/16/89, 6/16/92, 2/26/93, 9/23/94, 12/16/94, 12/1/95, 8/1/96; 20.11.1.7 NMAC - 

Rn, 20 NMAC 11.01.I.7, 10/1/02; A, 7/1/04; A, 9/14/09; A, 1/10/11]