reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 7 - VARIANCE PROCEDURE › Section 20.11.7.15 - NOTICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. At least 14
				consecutive days before the beginning of the evidentiary phase of a board
				variance hearing, the board shall publish notice of the subject of the variance
				hearing in a newspaper of general circulation in Bernalillo county, and shall
				also publish the date, time and place of the evidentiary phase of the hearing
				and the date, time and place the board will make a final decision regarding the
				variance petition.
B. The director
				shall maintain a file of persons who have delivered to the director a written
				statement of their interest in variance hearings. The director shall make a
				reasonable effort to mail notice to all persons who have delivered a written
				statement of interest within the previous 12 months. The director shall mail
				written notice regarding variance recommendations made by the director,
				upcoming variance hearings before the board, and variance decisions made by the
				board.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 7 - VARIANCE PROCEDURE › Section 20.11.7.17 - EFFECT OF ORDER OF BOARD - FAILURE TO APPEAR AT HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A. An order of the board is a final
				administrative decision and bars the petitioner from petitioning for the same
				variance without specific permission from the board. At a public hearing by the
				board to consider again petitioner's proposal regarding the same variance, the
				board may consider, among other things, the development of new information and
				techniques to be sufficient justification for hearing a second
				petition.
B. If the petitioner or
				his authorized representative fails to appear at a public hearing on the
				variance petition, the board shall proceed with the hearing on the basis of the
				petition.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 7 - VARIANCE PROCEDURE › Section 20.11.7.18 - STAY OF ENFORCEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. From
				the date the petition for variance is delivered to the director and the
				division manager until the board takes final action on the petition for
				variance, the petitioner may file a motion for stay with the board, requesting
				a stay from enforcement action by the department. The board shall only grant
				the stay of enforcement if the motion for stay establishes:
(1) the likelihood that the petitioner will
				prevail on the merits of the petition for variance;
(2) a showing of irreparable harm to the
				petitioner unless the stay is granted;
(3) evidence that no substantial harm will
				result to other interested persons if the stay is granted; and
(4) a showing that there will be no resulting
				harm to the public interest if the stay is granted.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 7 - VARIANCE PROCEDURE › Section 20.11.7.19 - TIMELINESS

Current through Register Vol. 35, No. 13, July 16, 2024
When the last day for performing an act falls on a Saturday,
				  Sunday or a city of Albuquerque or Bernalillo county legal holiday, the
				  performance of the act is timely if performed on the next succeeding day that
				  is not a Saturday, Sunday or a city of Albuquerque or Bernalillo county legal
				  holiday.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 8 - AMBIENT AIR QUALITY STANDARDS › Section 20.11.8.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Albuquerque - Bernalillo County Air Quality Control Board.
				  P.O. Box 1293, Albuquerque, NM 87103. Telephone: (505)
				  768-2601.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 8 - AMBIENT AIR QUALITY STANDARDS › Section 20.11.8.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
A. 20.11.8 NMAC is
				applicable within Bernalillo county.
B. Exempt: 20.11.8 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.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 8 - AMBIENT AIR QUALITY STANDARDS › Section 20.11.8.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
20.11.8 NMAC is adopted pursuant to the authority provided in
				  the New Mexico Air Quality Control Act, NMSA 1978 Sections
				  74-2-4,
				  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 & 9-5-1 -4.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 8 - AMBIENT AIR QUALITY STANDARDS › Section 20.11.8.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1
,
2004, 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 each 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.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 8 - AMBIENT AIR QUALITY STANDARDS › Section 20.11.8.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To adopt local ambient air quality standards that are
				  identical to the federal National Primary and Secondary Ambient Air Quality
				  Standards codified at 40 CFR Part 50, and to adopt applicable state
Ambient Air Quality Standards
codified at 20.2.3
				  NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 8 - AMBIENT AIR QUALITY STANDARDS › Section 20.11.8.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The definitions in 20.11.1 NMAC apply to 20.11.8
				  NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 8 - AMBIENT AIR QUALITY STANDARDS › Section 20.11.8.8 - SAVINGS CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
Any amendment to
Ambient Air Quality
				  Standards
, 20.11.8 NMAC, which is filed with the state records center,
				  shall not affect actions pending for violation of a city or county ordinance,
				  the air quality regulations for Albuquerque and Bernalillo county or a permit
				  issued by the department. Prosecution for a violation under a prior statute,
				  ordinance, regulation or permit shall be governed and prosecuted under the
				  statute, ordinance or regulation in effect at the time the violation was
				  committed.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 8 - AMBIENT AIR QUALITY STANDARDS › Section 20.11.8.9 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any section, paragraph, sentence, clause or word of
				  20.11.8 NMAC or any federal standards 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 20.11.8
				  NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 8 - AMBIENT AIR QUALITY STANDARDS › Section 20.11.8.10 - DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Documents incorporated and cited in 20.11.8 NMAC may be
				  viewed at the Albuquerque environmental health department, 400 Marquette NW,
				  Albuquerque, NM.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 8 - AMBIENT AIR QUALITY STANDARDS › Section 20.11.8.11 - INCORPORATION OF FEDERAL AMBIENT AIR QUALITY STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
Except as otherwise provided, the National Primary and
				  Secondary Ambient Air Quality Standards of the United States environmental
				  protection agency including the General Provisions thereto, codified at 40 CFR
				  Part 50 (including appendices), as amended through January 12, 2009, are hereby
				  incorporated into 20.11.8 NMAC. Section
				  20.11.8.13
				  NMAC is a summary of the federal and state standards incorporated in 20.11.8
				  NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 8 - AMBIENT AIR QUALITY STANDARDS › Section 20.11.8.12 - INCORPORATION OF STATE AMBIENT AIR QUALITY STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
Except as otherwise provided, the state
Ambient Air
				  Quality Standards
of the environmental improvement board codified at
				  20.2.3 NMAC are hereby incorporated into 20.11.8 NMAC. Section
				  20.11.8.13
				  NMAC is a summary of the federal and state standards incorporated in 20.11.8
				  NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 8 - AMBIENT AIR QUALITY STANDARDS › Section 20.11.8.13 - SUMMARY OF FEDERAL AND STATE AMBIENT AIR QUALITY STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
Pollutant
Standards
Reference
Federal Primary
Federal Secondary
New Mexico State
Carbon Monoxide (CO)
8-hour average
40
						  CFR 50.8
9 ppm
none
8.7 ppm
1-hour average
40
						  CFR 50.8
35 ppm
none
13.1 ppm
Nitrogen Dioxide
						  (NO2)
24-hour average
20.2.3.111
						  NMAC
none
none
0.10 ppm
Annual arithmetic mean
40
						  CFR 50.11
0.053 ppm
0.053 ppm
0.05 ppm
Ozone
						  (O3)
8-hour average
40
						  CFR 50.10
0.08 ppm
0.08 ppm
none
(The 1997 standard - and the implementation
						  rules for that standard - will remain in place for implementation purposes as
						  EPA undertakes rulemaking to address the transition from the 1997 ozone
						  standard to the 2008 ozone standard).
8-hour average
40
						  CFR 50.15
0.075 ppm
0.075 ppm
none
(Effective May 27, 2008)
Sulfur Dioxide
						  (SO2)
24-hour average
40
						  CFR 50.4
0.14 ppm
none
0.10 ppm
3-hour average
40
						  CFR 50.5
none
0.5 ppm
none
Annual (arithmetic mean)
40
						  CFR 50.4
0.030 ppm
none
0.02 ppm
Particulate Matter
						  (PM2.5)
24-hour average
40
						  CFR 50.13
35 µg/m3
35 µg/m3
none
(Effective December 18, 2006)
Annual (arithmetic mean)
40
						  CFR 50.7 &
						  40
						  CFR 50.13
15.0 µg/m3
15.0 µg/m3
none
Particulate Matter
						  (PM10)
24-hour average
40
						  CFR 50.6
150 µg/m3
150 µg/m3
none
Lead (Pb)
Rolling 3-month average
40
						  CFR 50.16
0.15µg/m3
0.15µg/m3
none
(Effective 1 year after date of area
						  attainment designation)
Hydrogen Sulfide
1-hr average
20.2.3.110 NMAC
none
none
0.010 ppm
Total Reduced Sulfur
1/2-hour average
20.2.3.110 NMAC
none
none
0.003 ppm
Particulate Matter (TSP)
24-hour average
20.2.3.109
						  NMAC
none
none
150 µg/m3
7-day average
20.2.3.109
						  NMAC
none
none
110 µg/m3
30-day average
20.2.3.109
						  NMAC
none
none
90 µg/m3
Annual geometric mean
20.2.3.109
						  NMAC
none
none
60 µg/m3
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 8 - AMBIENT AIR QUALITY STANDARDS › Section 20.11.8.14 - INTERPRETATION

Current through Register Vol. 35, No. 13, July 16, 2024
Except as expressly provided to the contrary in these
				  regulations, whenever two or more parts of these regulations limit, control or
				  regulate the emissions of a particular air contaminant, the more restrictive or
				  stringent shall govern.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 20 - FUGITIVE DUST CONTROL › Section 20.11.20.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Albuquerque - Bernalillo County Air Quality Control Board.
				  P.O. Box 1293, Albuquerque, New Mexico 87103. Telephone: (505)
				  768-2601.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 20 - FUGITIVE DUST CONTROL › Section 20.11.20.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
A. 20.11.20 NMAC is
				applicable to all sources of fugitive dust in Bernalillo county, unless
				otherwise exempt.
B. Exempt:
				20.11.20 NMAC does not apply to sources within Bernalillo county that are:
(1) located on Indian lands over which the
				Albuquerque - Bernalillo county air quality control board lacks
				jurisdiction;
(2) hard rock mining
				pits and operations contained within the mining pit and permitted pursuant to
				the state of New Mexico Mining Act; for the purposes of 20.11.20 NMAC, sand and
				gravel mining operations are not exempt;
(3) emergency maintenance operations that are
				intended to address an imminent threat to property or persons; however,
				reasonably available control measures must be employed once the emergency has
				been addressed, if appropriate, and a report of all activities shall be filed
				with the department no later than 10 days after the incident has been concluded
				and the department shall determine if additional action, including a permit
				application submittal, is required before additional non-emergency activities
				occur at the site; and
(4)
				stationary source operations subject to 20.11.41 NMAC,
Authority to
				Construct
, or 20.11.42 NMAC,
Operating Permits
, that
				produce fugitive dust as defined in 20.11.20 NMAC, but only if the source of
				fugitive dust is addressed and controlled through permit conditions required by
				a 20.11.41 NMAC or 20.11.42 NMAC permit; however construction at a stationary
				source site, whether it involves new construction or a site modification, is
				subject to 20.11.20 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 20 - FUGITIVE DUST CONTROL › Section 20.11.20.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
20.11.20 NMAC is adopted pursuant to the authority provided
				  in the New Mexico Air Quality Control Act, NMSA 1978 Sections
				  74-2-4,
				  74-2-5;
				  the Joint Air Quality Control Board Ordinance; Bernalillo county Ordinance No.
				  94-5, Sections 4 and 5; and the Joint Air Quality Control Board Ordinance,
				  Revised Ordinances of Albuquerque 1994 Sections 9-5-1 -4 and 9-5-1 -5.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 20 - FUGITIVE DUST CONTROL › Section 20.11.20.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 17, 2008, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 20 - FUGITIVE DUST CONTROL › Section 20.11.20.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To ensure that every person shall use reasonably available
				  control measures or other effective measures on an ongoing basis to prevent or
				  abate fugitive dust, if the fugitive dust may with reasonable probability
				  injure human health or animal or plant life or as may unreasonably interfere
				  with the public welfare, visibility or the reasonable use of property, as
				  required by 20.11.20 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 20 - FUGITIVE DUST CONTROL › Section 20.11.20.8 - VARIANCES

Current through Register Vol. 35, No. 13, July 16, 2024
A person may request a variance from 20.11.20 NMAC in
				  accordance with the procedures established in 20.11.7 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 20 - FUGITIVE DUST CONTROL › Section 20.11.20.9 - SAVINGS CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
An amendment to
Fugitive Dust Control
,
				  20.11.20 NMAC, which is filed with the state records center and archives shall
				  not affect actions pending for violation of a city or county ordinance, or
				  prior versions of 20 NMAC 11.20 and 20.11.20 NMAC,
Airborne Particulate
				  Matter
, 20.11.20 NMAC
Fugitive Dust Control
, or a
				  permit. Prosecution for a violation of a prior statute, ordinance, part or
				  permit shall be governed and prosecuted under the statute, ordinance, part or
				  permit wording in effect at the time the violation was
				  committed.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 20 - FUGITIVE DUST CONTROL › Section 20.11.20.10 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any section, subsection, sentence, phrase, clause or
				  wording of 20.11.20 NMAC or the federal standards incorporated herein is for
				  any reason held to be unconstitutional or otherwise invalid by any court or the
				  United States environmental protection agency, the decision shall not affect
				  the validity of remaining portions of 20.11.20 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 20 - FUGITIVE DUST CONTROL › Section 20.11.20.11 - DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Documents incorporated and cited in 20.11.20 NMAC may be
				  viewed at the Albuquerque environmental health department, 400 Marquette NW,
				  Albuquerque, NM.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 20 - FUGITIVE DUST CONTROL › Section 20.11.20.12 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each
				person shall use reasonably available control measures or any other effective
				control measure during active operations or on inactive disturbed surface
				areas, as necessary to prevent the release of fugitive dust, whether or not the
				person is required by 20.11.20 NMAC to obtain a fugitive dust control permit.
				It shall be a violation of 20.11.20 NMAC to allow fugitive dust, track out, or
				transported material from any active operation, open storage pile, stockpile,
				paved or unpaved roadway disturbed surface area, or inactive disturbed surface
				area to cross or be carried beyond the property line, right-of-way, easement or
				any other area under control of the person generating or allowing the fugitive
				dust if the fugitive dust may:
(1) with
				reasonable probability injure human health or animal or plant life;
(2) unreasonably interfere with the public
				welfare, visibility or the reasonable use of property; or
(3) be visible for a total of 15 minutes or
				more during any consecutive one hour observation period using the visible
				fugitive dust detection method in 20.11.20.26 NMAC or an equivalent method
				approved in writing by the department.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 20 - FUGITIVE DUST CONTROL › Section 20.11.20.13 - FUGITIVE DUST CONTROL PROGRAMMATIC PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A fugitive dust control programmatic
				permit is required for single or multiple facility locations to address real
				property totaling three-quarters of an acre or more that is subject to routine
				maintenance, routine surface disturbance activities, or routine ongoing active
				operations. A programmatic permit application and fugitive dust control plan
				shall be submitted on forms provided by the department. Programmatic permits
				are valid for up to five years. The permittee shall pay the annual programmatic
				permit fee required by 20.11.2 NMAC,
Fees
, for each year
				covered by the programmatic permit. Receipt of the annual fee by the department
				shall result in an automatic annual renewal of the programmatic permit. A new
				programmatic permit application and fugitive dust control plan shall be
				submitted every five years or sooner if the surface disturbance activities or
				fugitive dust abatement strategies are modified. A filing and review fee is not
				required for a programmatic permit.
B. A person responsible for sloped (i.e.
				slopes having a steepness of three-to-one or steeper) and bottom portions of
				interior and riverside drains and canals used for irrigation purposes, and
				arroyos and public flood control facilities subject to routine maintenance or
				repair, sedimentation and water erosion shall obtain either a variance as
				provided by 20.11.7 NMAC or a programmatic permit as provided by Subsection A
				of 20.11.20.13 NMAC if the person does not elect to submit an application and
				obtain a fugitive dust control construction permit pursuant to 20.11.20.14
				NMAC.
C. No signs or photographic
				documentation shall be required for the permits or activities subject to
				20.11.20.13 NMAC. Appropriate permit application documentation shall be
				determined by the department.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 20 - FUGITIVE DUST CONTROL › Section 20.11.20.17 - FILING, REVIEW AND INSPECTION FEES

Current through Register Vol. 35, No. 13, July 16, 2024
Thefees required by 20.11.20 NMAC are located in 20.11.2
				  NMAC, Fees. The filing and review fee portion of the total permit application
				  fee due when a fugitive dust control construction application is filed is
				  non-refundable.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 20 - FUGITIVE DUST CONTROL › Section 20.11.20.18 - FUGITIVE DUST CONTROL CONSTRUCTION PERMIT APPLICATION PROCESSING

Current through Register Vol. 35, No. 13, July 16, 2024
A. A person who is
				required to submit a fugitive dust control construction permit (permit)
				application and plan for active operations that will disturb at least
				three-quarters of an acre, but no more than 25 acres, shall submit the permit
				application and plan with the applicable fees to the department no fewer than
				10 business days prior to the start of active operations. Within 10 business
				days of the department receiving the permit application, plan and fees, the
				department will approve the permit, approve the permit with conditions or deny
				the permit.
B. A person who is
				required to submit a permit application and plan for active operations that
				will disturb more than 25 acres shall submit the permit application and plan
				with the applicable fees to the department no fewer than 20 business days prior
				to the start of active operations. Within 20 business days of the department
				receiving the permit application, plan and fees, the department will approve
				the permit, approve the permit with conditions or deny the permit.
C. The fugitive dust control plan may be in
				any form including a copy of a program that complies with any other statute or
				regulation so long as the plan provides reasonably available control measures
				whose purpose is to mitigate fugitive dust and the plan meets the objectives of
				20.11.20 NMAC. If the plan does not specifically enumerate the control measures
				proposed to mitigate fugitive dust, the permit application shall be deemed
				incomplete and shall be rejected. If an incomplete application is rejected, a
				new or amended application may be filed and the time limits in Subsections A or
				B of 20.11.20.18 NMAC shall apply as if the initial application had not been
				filed.
D. If all requirements of
				20.11.20 NMAC have been met by the applicant, the department shall issue a
				permit to the permittee, which shall authorize commencement of active
				operations. If the department has not approved, denied, or notified the
				applicant regarding the permit application within 30 business days of the
				department's receipt of the permit application, plan and fees, then the permit
				shall be automatically approved and operations may commence if the permittee
				uses the reasonably available control measures and fugitive dust control plan
				as submitted in the application. However, if the measures and plan are not
				effective, the department may initiate an enforcement action for violation of
				20.11.20 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 20 - FUGITIVE DUST CONTROL › Section 20.11.20.19 - PUBLIC AND PRIVATE UNPAVED ROADWAYS, SHORT-CUTS AND UNPAVED PARKING AREAS

Current through Register Vol. 35, No. 13, July 16, 2024
A. No unpaved
				roadway greater than one-quarter mile in length and no unpaved parking areas
				may be constructed or allowed to be constructed or reconstructed on any
				publicly-owned land or privately-owned real property, unless the owner has
				applied for and received a permit pursuant to 20.11.20.13 NMAC or 20.11.20.14
				NMAC. Owners in possession of a valid fugitive dust control permit that wish to
				construct additional unpaved roadways shall apply for an amendment to their
				permit which shall include payment of any fees required by 20.11.2 NMAC. In
				addition, no unpaved short-cut of any length on private or public property may
				be constructed or be allowed to remain usable when it is evident the short cut
				is being used by motor vehicle drivers to save time by avoiding use of a
				dedicated and authorized roadway. A variance from Subsection A of 20.11.20.19
				NMAC may be granted by the board in a manner consistent with the variance
				procedures provided in 20.11.7 NMAC.
B. Owners or operators shall use reasonably
				available control measures on all unpaved roadways and unpaved parking areas
				and shall comply with the general provisions established in 20.11.20.12
				NMAC.
C. Public unpaved roadway;
				complaints. If the department receives a fugitive dust complaint regarding an
				unpaved public roadway, the department will forward the complaint by hand
				delivery, inter-office mail delivery or certified mail, return receipt
				requested, to the governmental agency responsible for maintenance of the
				roadway. Within 45 calendar days from the date the complaint was received by
				the responsible agency, the responsible agency shall make a reasonable effort
				to address the complaint, and the governmental agency shall provide the
				department with a written report of the actions taken to resolve the complaint.
				Failure of the responsible agency to submit a timely report shall be a
				violation of 20.11.20 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 20 - FUGITIVE DUST CONTROL › Section 20.11.20.20 - ABRASIVE PRESSURE BLASTING OPERATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A person who performs abrasive pressure blasting operations
				  shall employ reasonably available control measures or other effective control
				  measures at all times to comply with
				  20.11.20.12
				  NMAC and shall substantially reduce fugitive dust emissions that are leaving
				  the property where the abrasive pressure blasting operations are taking place.
				  A person who is conducting abrasive pressure blasting operations is not
				  required to obtain a fugitive dust control permit from the department. However,
				  stationary source permitting regulations, such as 20.11.41 NMAC and 20.11.42
				  NMAC, may apply to pressure blasting operations.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 20 - FUGITIVE DUST CONTROL › Section 20.11.20.21 - CONTROL OF GREENWASTE MATERIAL

Current through Register Vol. 35, No. 13, July 16, 2024
To prevent greenwaste from becoming ground up by the abrasive
				  action of tires, which may then be entrained into the atmosphere as particulate
				  matter, all persons causing, directing or authorizing greenwaste to be
				  deposited on publicly-owned real property shall promptly remove or cause the
				  removal of the greenwaste.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 20 - FUGITIVE DUST CONTROL › Section 20.11.20.22 - DEMOLITION AND RENOVATION ACTIVITIES; FUGITIVE DUST CONTROL CONSTRUCTION PERMIT AND ASBESTOS NOTIFICATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
No person shall demolish any building containing over 75,000
				  cubic feet of space without first delivering to the department a fugitive dust
				  control construction permit application and fugitive dust control plan with the
				  fee required by 20.11.2 NMAC. No active operations shall commence until a
				  department manager, supervisor, scientist, field operations officer or health
				  specialist signs a fugitive dust control construction permit and a copy of the
				  signed permit is available at the site of active operations. Failure to obtain
				  a fugitive dust control construction permit prior to commencement of demolition
				  activities as described in 20.11.20.22 NMAC shall be a violation of 20.11.20
				  NMAC. All demolition and renovation activities shall employ reasonably
				  available control measures at all times, and, when removing asbestos containing
				  materials (ACM), shall also comply with the federal standards incorporated in
				  20.11.64 NMAC,
Emission Standards for Hazardous Air Pollutants for
				  Stationary Sources
. A person who demolishes or renovates any
				  commercial building, residential building containing five or more dwellings, or
				  a residential structure that will be demolished in order to build a
				  nonresidential structure or building shall file an asbestos notification with
				  the department no fewer than 10 calendar days before the start of such
				  activity. Written asbestos notification certifying to the presence of ACM is
				  required even if regulated ACM is not or may not be present in such buildings
				  or structures. Failure to provide proper asbestos notification shall be a
				  violation of the requirements of 20.11.64 NMAC. Knowingly violating provisions
				  of 20.11.64 NMAC is a fourth-degree felony pursuant to the New Mexico Air
				  Quality Control Act,
				  74-2-14.C.3
				  NMSA 1978.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 20 - FUGITIVE DUST CONTROL › Section 20.11.20.23 - REASONABLY AVAILABLE CONTROL MEASURES FOR FUGITIVE DUST

Current through Register Vol. 35, No. 13, July 16, 2024
The permittee may include in the permit application one or
				  more of the reasonably available control measures included in 20.11.20.23 NMAC
				  or one or more alternative fugitive dust control measures, including measures
				  taken to comply with any other statute or regulation if the measures will
				  effectively control fugitive dust during active operations or on inactive
				  disturbed surface areas. At minimum, all projects requiring a fugitive dust
				  control construction permit shall utilize paved or gravel entry/exit aprons,
				  steel grates or other devices capable of removing mud and bulk material from
				  vehicle traffic tires, and erect a properly-maintained fabric fencing material
				  around the perimeter of the disturbed surface area with openings no wider than
				  necessary to allow vehicles to enter or exit the area. The fencing material
				  shall be anchored approximately six inches below the surface on the bottom
				  edge, and when installed shall be approximately 30 or more inches above the
				  existing natural or man-made surface. To maintain effectiveness of the
				  entry/exit apron, steel grate or other similar device (device), accumulated
				  materials shall be removed promptly. To maintain effectiveness of the fence,
				  fugitive dust that accumulates on either side of the fencing shall be removed
				  promptly.
A. Unpaved roadways:
(1) paving using recycled asphalt,
				routinely-maintained asphalt millings, asphaltic concrete, concrete, or
				petroleum products legal for such use;
(2) using dust suppressants applied in
				amounts, frequency and rates recommended by the manufacturer and maintained as
				recommended by the manufacturer;
(3) using wet suppression; or
(4) using traffic controls, including
				decreased speed limits with appropriate enforcement; other traffic calming
				methods, vehicle access restrictions and controls; road closures or barricades;
				and off-road vehicle access controls and closures.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 20 - FUGITIVE DUST CONTROL › Section 20.11.20.24 - NATIVE GRASS SEEDING AND MULCH SPECIFICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. If the fugitive dust control permit
				includes provisions to revegetate a disturbed area, the permittee may use the
				specifications described in 20.11.20.24 NMAC. When properly applied and
				maintained, these specifications have provided reasonably successful results in
				the past in Bernalillo county. They are included here as a reference for
				permittees and others who choose to use native revegetation as a long-term
				reasonably available control measure. However, use of these specifications does
				not guarantee success. Failure of any revegetation method as a long-term
				reasonably available control measure requires re-application or other control
				method approved by the department. The disturbed area shall maintain compliance
				with 20.11.20 NMAC.
(1) The native
				seedspecies used and rate of application should be as provided in Subsection F
				of 20.11.20.24 NMAC.
(a) If the area to be
				seeded is along a recreational trail of any type, the seed mixes for either
				type of soil listed in Subsection F of 20.11.20.24 NMAC should not include
				four-wing saltbush and the seeding rate should be reduced by one pound per
				acre.
(b) Seeds may be pre-mixed by
				a seed dealer. Each pre-mixed bag of seed should be sealed and labeled by the
				seed dealer in accordance with federal seed laws and New Mexico department of
				agriculture labeling laws. The label should include: variety, kind of seed, lot
				number, purity, germination, percent crop, percent inert, percent weed
				(including noxious weeds), origin, test data and net weight. Federal seed laws
				require that analysis shall be no older than five months for seed shipped
				interstate and no older than nine months for seed shipped
				intra-state.
(c) 48 hours before
				seeding, the owner or operator should give written notice to the department by
				hand delivery or facsimile, requesting inspection of the sealed seed bags to be
				used. The department may inspect the sealed seed bags and labels.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 20 - FUGITIVE DUST CONTROL › Section 20.11.20.25 - REVIEW MEETING: TIMELY PETITION FOR HEARING BEFORE THE BOARD

Current through Register Vol. 35, No. 13, July 16, 2024
If a permit applicant or permittee (requestor) asks the
				  department to meet informally to review and reconsider the department's
				  decision regarding the applicant's permit application in the manner provided by
				  20.11.20.25 NMAC, the process shall not extend the 30-day deadline for filling
				  a timely petition for a hearing before the board as provided by 20.11.81 NMAC.
				  If a requestor is adversely affected by, or disagrees with the department's
				  decision regarding the requestor's permit application, the requestor may
				  request an informal review meeting to discuss the department's decision. The
				  request shall be in writing or on a form provided by the department. Within
				  five business days after the requestor receives the department's decision
				  regarding the permit application, the requestor shall deliver the written
				  request to a division manager. Within five business days after a division
				  manager receives the request, a division manager or designee shall hold an
				  informal review meeting with the requestor and an additional division
				  representative (e.g. the person assigned to the permit application review) in
				  an attempt to resolve disagreements. Within two business days after the
				  informal review meeting, a division representative shall mail, hand deliver or
				  deliver by facsimile a statement to the requestor stating whether the
				  department has changed its decision regarding the permit application, and, if
				  so, specifying the change and the reason for the change. A person who
				  participated in a 20.11.20 NMAC permitting action before the department and who
				  is adversely affected by the decision made by the department, may follow the
				  procedures described in 20.11.81 NMAC to petition for a hearing before the
				  board.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 20 - FUGITIVE DUST CONTROL › Section 20.11.20.28 - PUBLIC OUTREACH AND TRAINING

Current through Register Vol. 35, No. 13, July 16, 2024
A. The department shall provide or approve
				public education regarding reducing fugitive dust. The department shall
				maintain an electronic information system using the Internet in order to
				provide access to the general public and regulated business community regarding
				fugitive dust control programs, activities, regulations, regulatory
				requirements, forms and information.
B. The department shall implement a program
				to provide training at no cost to individuals who are or may be required to
				comply with provisions of 20.11.20 NMAC. Approximately twice per year, the
				department shall provide or approve training workshops on fugitive dust and its
				control to persons who conduct or participate in projects involving active
				operations and to other interested persons. When a person attends the training
				and successfully passes a test, the department or approved trainer shall issue
				a certificate stating that the person has successfully completed the
				training.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 20 - FUGITIVE DUST CONTROL › Section 20.11.20.29 - COMPLAINTS

Current through Register Vol. 35, No. 13, July 16, 2024
The department shall respond to complaints from residents,
				  businesses and others in a timely manner, but in no case shall the initial
				  response take longer than three business days.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 21 - OPEN BURNING › Section 20.11.21.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Albuquerque - Bernalillo County Air Quality Control Board.
				  P.O. Box 1293, Albuquerque, NM 87103. Telephone: (505)
				  768-2601.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 21 - OPEN BURNING › Section 20.11.21.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
A. 20.11.21 NMAC is
				applicable to sources within Bernalillo county.
B. Exempt: 20.11.21 NMAC does not apply to
				sources within Bernalillo county that are located on Indian lands over which
				the Albuquerque - Bernalillo county air quality control board lacks
				jurisdiction.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 21 - OPEN BURNING › Section 20.11.21.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
20.11.21 NMAC is adopted pursuant to the authority provided
				  in the New Mexico Air Quality Control Act, NMSA 1978 Sections
				  74-2-4,
				  74-2-5.C;
				  the Joint Air Quality Control Board Ordinance, Bernalillo County Ordinance 94-5
				  Sections 3 and 4; and the Joint Air Quality Control Board Ordinance, Revised
				  Ordinances of Albuquerque 1994 Sections 9-5-1 -3 and 9-5-1 -4.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 21 - OPEN BURNING › Section 20.11.21.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 1, 1995, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 21 - OPEN BURNING › Section 20.11.21.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To ensure that all persons conduct open burning in a manner
				  that prevents or abates emissions from fires in the open, which, as a general
				  class, produce visible emissions and noxious byproducts of
				  combustion.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 21 - OPEN BURNING › Section 20.11.21.9 - SAVINGS CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
Any amendment to 20.11.21 NMAC, that is filed with the state
				  records center shall not affect actions pending for violation of a city or
				  county ordinance or 20.11.21 NMAC. Prosecution for a violation under a prior
				  statute, ordinance or regulation shall be governed and prosecuted under the
				  statute, ordinance or regulation in effect at the time the violation was
				  committed.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 21 - OPEN BURNING › Section 20.11.21.10 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any section, paragraph, sentence, clause, or word of
				  20.11.21 NMAC or any federal standards 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 20.11.21
				  NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 21 - OPEN BURNING › Section 20.11.21.11 - DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Documents incorporated and cited in 20.11.21 NMAC may be
				  viewed at the Albuquerque environmental health department, 400 Marquette NW,
				  Albuquerque, NM.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 21 - OPEN BURNING › Section 20.11.21.12 - OPEN BURNING PROHIBITED

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Open burning on private or public property (including burning of
				environmentally poor burning substances and vegetative materials), is
				prohibited in Bernalillo county unless authorized under Section 13, 14, or 15
				of 20.11.21 NMAC. In addition to complying with 20.11.21 NMAC, every person who
				plans to conduct open burning shall obtain all applicable permits and comply
				with all applicable restrictions of the Bernalillo county fire department and
				the Albuquerque fire department, prior to burning.
B. Compliance with 20.11.21 NMAC shall not
				relieve any person from complying with all other applicable statutes,
				ordinances and regulations.
C. Open
				burning allowed under Sections 13, 14, or 15 of 20.11.21 NMAC shall be
				suspended during declared "no burn periods" during the winter pollution
				advisory season or when an air pollution health alert is issued. A waiver from
				the no burn restriction may be granted for extenuating circumstances by
				following the process in Subsection D of 20.11.21.12 NMAC. A no burn waiver may
				be rescinded in the event of a health alert.
D. The burner may apply for a waiver by
				submitting a written application for waiver to the department at least two
				weeks prior to the planned burn event. The burner shall document the reasons
				for requesting the waiver in the application for a waiver. The department shall
				notify the burner no later than one week prior to the planned burn event
				whether the waiver is granted or denied, and, if denied, the reasons for the
				denial. The department shall consider each waiver request on a case-by-case
				basis. An applicant for a waiver may challenge the department's denial of a
				waiver by following the procedures established in 20.11.21.21 NMAC. A person
				adversely affected by the department's granting of a waiver may challenge the
				department's decision by following the procedures established in Subsection B
				of 20.11.21.21 NMAC.