New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 49 - EXCESS EMISSIONS › Section 20.11.49.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the definitions in 20.11.49 NMAC, the
				  definitions in 20.11.1 NMAC apply unless there is a conflict between
				  definitions, in which case the definition in 20.11.49 NMAC shall govern.
A. "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 (e.g. sulfur
				recovery units, acid plants, baghouses, precipitators, scrubbers, cyclones,
				water sprays, enclosures, catalytic converters, and steam or water
				injection).
B. "Air quality
				regulation or permit condition" means any regulation adopted by the board,
				including a federal new source performance standard or national emission
				standard for hazardous air pollutants incorporated by reference, or any
				condition of an air quality permit issued by the department.
C. "Bypass" means the diversion of a
				regulated air contaminant around air pollution control equipment or process
				equipment.
D. "Building, structure,
				facility, or installation" means all of the pollutant-emitting activities which
				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 under common control) except the activities of any vessel.
				Pollutant-emitting activities shall be considered as part of the same
				industrial grouping if they belong to the same major group ( i.e. , which have
				the same two-digit code) as described in the
standard industrial
				classification manual, 1972
, as amended by the 1977 supplement (U.S.
				government printing office stock numbers 4101-0065 and 003-005-00176 -0,
				respectively).
E. "Emergency" means
				any situation arising from sudden and reasonably unforeseeable events beyond
				the control of the permittee, including acts of God or nature, which situation
				requires immediate corrective action to restore normal operation, and that
				causes the source to exceed a technology-based emission limitation due to
				unavoidable increases in emissions attributable to the emergency. An emergency
				shall not include noncompliance to the extent caused by improperly designed
				equipment, lack of preventive maintenance, or careless or improper
				operation.
F. "Excess emission"
				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.
G. "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.
H. [Reserved]
I. "Regular business day" means any day on
				which city of Albuquerque government offices are open for normal business.
				Saturdays, Sundays, and official federal and city of Albuquerque holidays are
				not regular business days.
J.
				"Shutdown" means the cessation of operation of any air pollution control
				equipment or process equipment.
K.
				"Startup" means setting into operation any air pollution control equipment or
				process equipment.
L. "Stationary
				source" or "source" means any building, structure, facility, or installation
				which emits or may emit a regulated air pollutant.