reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 4 - GENERAL CONFORMITY › Section 20.11.4.9 - SAVINGS CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
Any amendment to 20.11.4 NMAC, which is filed, with the state
				  records center shall not affect actions pending for violation of a city or
				  county ordinance or 20.11.4 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.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 4 - GENERAL CONFORMITY › Section 20.11.4.10 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any section, paragraph, sentence, clause, or word of
				  20.11.4 NMAC 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 20.11.4 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 4 - GENERAL CONFORMITY › Section 20.11.4.11 - DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Documents incorporated and cited in 20.11.4 NMAC may be
				  viewed at the Albuquerque Environmental Health Department, 400 Marquette Ave.
				  NW, Albuquerque, NM.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 4 - GENERAL CONFORMITY › Section 20.11.4.153 - APPLICABILITY ANALYSIS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Conformity determinations for federal actions related to transportation plans,
				programs, and projects developed, funded, or approved under Title 23 U.S.C. or
				49 U.S.C. Chapter 53 must meet the procedures and criteria of 40 CFR Part 51,
				Subpart T, in lieu of the procedures set forth in 20.11.4 NMAC.
B. For federal actions not covered by
				Subsection A of 20.11.4.153 NMAC, a conformity determination is required for
				each criteria pollutant or precursor where the total of direct and indirect
				emissions in a nonattainment or maintenance area caused by a federal action
				would equal or exceed any of the rates in Paragraph (1) or (2) of Subsection B
				of 20.11.4.153 NMAC.
(1) For purposes of
				Subsection B of 20.11.4.153 NMAC, the following rates apply in nonattainment
				areas:
Criteria Pollutant or Precursor
Rate (Tons/Year)
Ozone (VOC's or NOx):
Serious NAA's
50
Severe NAA's
25
Extreme NAA's
10
Other ozone NAA's outside an ozone transport
							 region
100
Other ozone NAA's inside an ozone transport
							 region:
VOC
50
NOx
100
Carbon monoxide:
All NAA's
100
SO2 or
							 NO2:
All NAA's
100
PM10:
Moderate NAA's
100
Serious NAA's
70
PM 2.5:
Direct emissions
100
SO2
100
NOx (unless determined not to
							 be significant precursors)
100
VOC or ammonia (if determined to be significant
							 precursors)
100
Pb:
All NAA's
25
(2)
				For the purposes of Subsection B of 20.11.4.153 NMAC, the following rates apply
				in maintenance areas:
Criteria Pollutant or Precursor
Rate (Tons/Year)
Ozone (NOx,
							 SO2 or NO2):
All maintenance areas
100
Ozone (VOC's):
Maintenance areas inside an ozone transport
							 region
50
Maintenance areas outside an ozone transport
							 region
100
Carbon monoxide:
All maintenance areas
100
PM10:
All maintenance areas
100
PM 2.5:
Direct emissions
100
SO2
100
NOx (unless determined not to
							 be significant precursors)
100
VOC or ammonia (if determined to be significant
							 precursors)
100
Pb:
All maintenance areas
25
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 4 - GENERAL CONFORMITY › Section 20.11.4.154 - FEDERAL AGENCY CONFORMITY RESPONSIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
Any department, agency, or instrumentality of the federal
				  government taking an action subject to 20.11.4 NMAC must make its own
				  conformity determination consistent with the requirements of 20.11.4 NMAC. In
				  making its conformity determination, a federal agency must follow the
				  requirements in Sections 14 through 19 and 21 through 24 of 20.11.4 NMAC and
				  must consider comments from any interested parties. Where multiple federal
				  agencies have jurisdiction for various aspects of a project, a federal agency
				  may choose to adopt the analysis of another federal agency (to the extent the
				  proposed action and impacts analyzed are the same as the project for which a
				  conformity determination is required) or develop its own analysis in order to
				  make its conformity determination.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 4 - GENERAL CONFORMITY › Section 20.11.4.155 - REPORTING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				federal agency making a conformity determination under Sections 13 through 19
				and 21 through 23 of 20.11.4 NMAC must provide to the EPA Region VI Office,
				state and local air agencies, any federally-recognized indian tribal government
				in the nonattainment or maintenance area, and, where applicable, affected
				federal land managers, the agency designated under Section 174 of the CAA and
				the MPO a 30-day notice which describes the proposed action and the federal
				agency's draft conformity determination on the action. If the action has
				multi-regional or national impacts (e.g., the action will cause emission
				increases in excess of the
de minimis
levels identified in
				Subsection B of 20.11.4.153 NMAC in three or more of EPA's regions), the
				federal agency, as an alternative to sending it to EPA regional offices, can
				provide the notice to EPA's office of air quality planning and
				standards.
B. A federal agency must
				notify the EPA Region VI office, state and local air agencies, any
				federally-recognized indian tribal government in the nonattainment or
				maintenance area, and, where applicable, affected federal land managers, the
				agency designated under Section 174 of the CAA and the MPO, within 30 days
				after making a final conformity determination under 20.11.4 NMAC.
C. The draft and final conformity
				determination shall exclude any restricted information or confidential business
				information. The disclosure of restricted information and confidential business
				information shall be controlled by the applicable laws, regulations, security
				manuals, or executive orders concerning the use, access, and release of such
				materials. Subject to applicable procedures to protect restricted information
				from public disclosure, any information or materials excluded from the draft or
				final conformity determination or supporting materials may be made available in
				a restricted information annex to the determination for review by federal and
				state representatives who have received appropriate clearances to review the
				information.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 4 - GENERAL CONFORMITY › Section 20.11.4.156 - PUBLIC PARTICIPATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Upon request by any person regarding a specific federal action, a federal
				agency must make available, subject to the limitation in Subsection E of
				20.11.4.156 NMAC, for review its draft conformity determination under
				20.11.4.154 NMAC with supporting materials which describe the analytical
				methods and conclusions relied upon in making the applicability analysis and
				draft conformity determination.
B.
				A federal agency must make public its draft conformity determination under
				20.11.4.154 NMAC by placing a notice by prominent advertisement in a daily
				newspaper of general circulation in the area affected by the action and by
				providing 30 days for written public comment prior to taking any formal action
				on the draft determination. This comment period may be concurrent with any
				other public involvement, such as occurs in the NEPA process. If the action has
				multi-regional or national impacts (e.g., the action will cause emission
				increases in excess of the
de minimis
levels identified in
				Subsection B of 20.11.4.153 NMAC in three or more of EPA's regions), the
				federal agency, as an alternative to publishing separate notices, can publish a
				notice in the federal register.
C.
				A federal agency must document its response to all the comments received on its
				draft conformity determination under 20.11.4.154 NMAC and make the comments and
				responses available, subject to the limitation in Subsection E of 20.11.4.156
				NMAC, upon request by any person regarding a specific federal action, within 30
				days of the final conformity determination.
D. A federal agency must make public its
				final conformity determination under 20.11.4.154 NMAC for a federal action by
				placing a notice by prominent advertisement in a daily newspaper of general
				circulation in the area affected by the action within 30 days of the final
				conformity determination. If the action would have multi-regional or national
				impacts, the federal agency, as an alternative, can publish the notice in the
				federal register.
E. The draft and
				final conformity determination shall exclude any restricted information or
				confidential business information. The disclosure of restricted information and
				confidential business information shall be controlled by the applicable laws,
				regulations or executive orders concerning the release of such
				materials.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 4 - GENERAL CONFORMITY › Section 20.11.4.157 - REEVALUATION OF CONFORMITY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Once a conformity evaluation is completed by a federal agency, that
				determination is not required to be reevaluated if the agency has maintained a
				continuous program to implement the action; the determination has not lapsed as
				specified in Subsection B of 20.11.4.157 NMAC; or any modification to the
				action does not result in an increase in emissions above the levels specified
				in Subsection B of 20.11.4.153 NMAC. If a conformity determination is not
				required for the action at the time NEPA analysis is completed, the date of the
				finding of no significant impact (FONSI) for an environmental assessment, a
				record of decision (ROD) for an environmental impact statement, or a
				categorical exclusion determination can be used as a substitute date for the
				conformity determination date.
B.
				The conformity status of a federal action automatically lapses five years from
				the date a final conformity determination is reported under 20.11.4.155 NMAC,
				unless the federal action has been completed or a continuous program to
				implement the federal action has been commenced.
C. Ongoing federal activities at a given site
				showing continuous progress are not new actions and do not require periodic
				re-determination so long as such activities are within the scope of the final
				conformity determination reported under 20.11.4.155 NMAC.
D. If the federal agency originally
				determined through the applicability analysis that a conformity determination
				was not necessary because the emissions for the action were below the limits in
				Subsection B of 20.11.4.153 NMAC and changes to the action would result in the
				total emissions from the action being above the limits in Subsection B of
				20.11.4.153 NMAC, then the federal agency must make a conformity
				determination.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 4 - GENERAL CONFORMITY › Section 20.11.4.159 - PROCEDURES FOR CONFORMITY DETERMINATION OF FEDERAL ACTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The analyses
				required under 20.11.4 NMAC must be based on the latest planning assumptions.
(1) All planning assumptions (such as per
				capita water and sewer use, vehicle miles traveled per capita or per household,
				trip generation per household, vehicle occupancy, household size, vehicle fleet
				mix, vehicle ownership, woodstoves per household, and the geographic
				distribution of population growth) must be derived from the estimates of
				population, employment, travel, and congestion most recently approved by the
				MPO, or other agency authorized to make such estimates, where
				available.
(2) Any revisions to
				these estimates used as part of the conformity determination, including
				projected shifts in geographic location or level of population, employment,
				travel, and congestion, must be approved by the MPO or other agency authorized
				to make such estimates for the urban area.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 4 - GENERAL CONFORMITY › Section 20.11.4.160 - MITIGATION OF AIR QUALITY IMPACTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any measures that are intended to mitigate
				air quality impacts must be identified (such as the identification and
				quantification of all emission reductions claimed) and the process for
				implementation (such as any necessary funding of such measures and tracking of
				such emission reductions) and enforcement of such measures must be described,
				including an implementation schedule containing explicit timelines for
				implementation.
B. Prior to
				determining that a federal action is in conformity, the federal agency making
				the conformity determination must obtain written commitments from the
				appropriate persons or agencies to implement any mitigation measures, which are
				identified as conditions for making conformity determinations.
C. Persons or agencies voluntarily committing
				to mitigation measures to facilitate positive conformity determinations must
				comply with the obligations of such commitments.
D. In instances where the federal agency is
				licensing, permitting or otherwise approving the action of another governmental
				or private entity, approval by the federal agency must be conditioned on the
				other entity meeting the mitigation measures set forth in the conformity
				determination.
E. When necessary
				because of changed circumstances, mitigation measures may be modified so long
				as the new mitigation measures continue to support the conformity
				determination. Any proposed change in the mitigation measures is subject to the
				reporting requirements of 20.11.4.155 NMAC and the public participation
				requirements of 20.11.4.157 NMAC.
F. Written commitments to mitigation measures
				must be obtained prior to a positive conformity determination and such
				commitments must be fulfilled.
G.
				After a state or tribe revises its SIP or TIP and EPA approves that SIP
				revision, any agreements, including mitigation measures, necessary for a
				conformity determination will be both state or tribal and federally
				enforceable. Enforceability through the applicable SIP or TIP will apply to all
				persons who agree to mitigate direct and indirect emissions associated with a
				federal action for a conformity determination.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 4 - GENERAL CONFORMITY › Section 20.11.4.161 - CONFORMITY EVALUATION FOR FEDERAL INSTALLATIONS WITH FACILITY-WIDE EMISSION BUDGETS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				state, local or tribal agency responsible for implementing and enforcing the
				SIP or TIP can in cooperation with federal agencies or third parties authorized
				by the agency that operate installations subject to federal oversight develop
				and adopt a facility-wide emission budget to be used for demonstrating
				conformity under Paragraph (1) of Subsection A of 20.11.4.158 NMAC. The
				facility-wide budget must meet the following criteria.
(1) Be for a set time period.
(2) Cover the pollutants or precursors of the
				pollutants for which the area is designated nonattainment or
				maintenance.
(3) Include specific
				quantities allowed to be emitted on an annual or seasonal basis.
(4) The emissions from the facility along
				with all other emissions in the area will not exceed the emission budget for
				the area.
(5) Include specific
				measures to ensure compliance with the budget, such as periodic reporting
				requirements or compliance demonstration, when the federal agency is taking an
				action that would otherwise require a conformity determination.
(6) Be submitted to EPA as a SIP
				revision.
(7) The SIP revision must
				be approved by EPA.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 4 - GENERAL CONFORMITY › Section 20.11.4.162 - EMISSIONS BEYOND THE TIME PERIOD COVERED BY THE SIP

Current through Register Vol. 35, No. 13, July 16, 2024
If a federal action would result in total direct and indirect
				  emissions above the applicable thresholds which would be emitted beyond the
				  time period covered by the SIP, the federal agency can:
A. demonstrate conformity with the last
				emission budget in the SIP; or
B.
				request the state or tribe to adopt an emissions budget for the action for
				inclusion in the SIP. The state or tribe must submit a SIP or TIP revision to
				EPA within 18 months either including the emissions in the existing SIP or
				establishing an enforceable commitment to include the emissions in future SIP
				revisions based on the latest planning assumptions at the time of the SIP
				revision; no such commitment by a state or tribe shall restrict a state's or
				tribe's ability to require RACT, RACM or any other control measures within the
				state's or tribe's authority to ensure timely attainment of the
				NAAQS.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 4 - GENERAL CONFORMITY › Section 20.11.4.163 - TIMING OF OFFSETS AND MITIGATION MEASURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The emissions reductions from an offset or
				mitigation measure used to demonstrate conformity must occur during the same
				calendar year as the emission increases from the action except, as provided in
				Subsection B of 20.11.4.163 NMAC.
B. The state or tribe may approve emissions
				reductions in other years provided:
(1) The
				reductions are greater than the emission increases by the following ratios:
(a) extreme nonattainment areas:
				1.5:1
(b) severe nonattainment
				areas: 1.3:1
(c) serious
				nonattainment areas: 1.2:1
(d)
				moderate nonattainment areas: 1.15:1
(e) all other areas: 1.1:1.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 4 - GENERAL CONFORMITY › Section 20.11.4.164 - INTER-PRECURSOR MITIGATION MEASURES AND OFFSETS

Current through Register Vol. 35, No. 13, July 16, 2024
Federal agencies must reduce the same type pollutant as being
				  increased by the federal action except the state or tribe may approve offsets
				  or mitigation measures of different precursors of the same criteria pollutant,
				  if such trades are allowed by a state or tribe in a SIP or TIP approved new
				  source review regulation, is technically justified, and has a demonstrated
				  environmental benefit.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 4 - GENERAL CONFORMITY › Section 20.11.4.165 - EARLY EMISSION REDUCTION CREDIT PROGRAMS AT FEDERAL FACILITIES AND INSTALLATION SUBJECT TO FEDERAL OVERSIGHT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Federal facilities and installations
				subject to federal oversight can, with the approval of the state or tribal
				agency responsible for the SIP or TIP in that area, create an early emissions
				reductions credit program. The federal agency can create the emission reduction
				credits in accordance with the requirements in Subsection B of 20.11.4.165 NMAC
				and can used them in accordance with Subsection C of 20.11.4.165
				NMAC.
B. Creation of emission
				reduction credits.
(1) Emissions reductions
				must be quantifiable through the use of standard emission factors or
				measurement techniques. If non-standard factors or techniques to quantify the
				emissions reductions are used, the federal agency must receive approval from
				the state or tribal agency responsible for the implementation of the SIP or TIP
				and from EPA's Region VI Office. The emission reduction credits do not have to
				be quantified before the reduction strategy is implemented, but must be
				quantified before the credits are used in the general conformity
				evaluation.
(2) The emission
				reduction methods must be consistent with the applicable SIP or TIP attainment
				and reasonable further progress demonstrations.
(3) The emissions reductions cannot be
				required by or credited to other applicable SIP or TIP provisions.
(4) Both the state or tribe and federal air
				quality agencies must be able to take legal action to ensure continued
				implementation of the emission reduction strategy. In addition, private
				citizens must also be able to initiate action to ensure compliance with the
				control requirement.
(5) The
				emissions reductions must be permanent or the timeframe for the reductions must
				be specified.
(6) The federal
				agency must document the emissions reductions and provide a copy of the
				document to the state or tribal air quality agency and the EPA region VI office
				for review. The documentation must include a detailed description of the
				emission reduction strategy and a discussion of how it meets the requirements
				of Paragraphs (1) through (5) of Subsection B of 20.11.4.165 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 5 - VISIBLE AIR CONTAMINANTS › Section 20.11.5.1 - 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) 768-2600.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 5 - VISIBLE AIR CONTAMINANTS › Section 20.11.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This Part is applicable to the following:
A. Exempt:
(1) This Part does not apply to sources
				within Bernalillo County which are located on Indian lands over which the
				Albuquerque/Bernalillo County Air Quality Control lacks jurisdiction.
(2) Upon the written request of an affected
				source, the Director may, on a case by case basis, exempt aircraft engine test
				facilities and enclosed research and development (R&D) fire test facilities
				from the opacity requirements of this Part. For sources required to obtain a
				Part 42 operating permit, any exemption granted under this subpart shall be
				effective for the duration of the operating permit. For sources not required to
				obtain a Part 42 operating permit, any exemption granted under this subpart
				shall be effective for a period of up to five years. Exemptions granted under
				this subpart may be renewed by the Director on a case by case basis, upon the
				written request of the affected source.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 5 - VISIBLE AIR CONTAMINANTS › Section 20.11.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This Part is adopted pursuant to the authority provided in
				  the New Mexico Air Quality Act, NMSA 1978 Sections
				  74-2-4,
				  74-2-5.C:
				  and the Joint Air Quality Board Ordinances, Bernalillo County Ordinance 94-5
				  Section 4, Revised Ordinances of Albuquerque ROA 1994 Section 9-5-1
				  -4.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 5 - VISIBLE AIR CONTAMINANTS › Section 20.11.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 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 5 - VISIBLE AIR CONTAMINANTS › Section 20.11.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this Part is to provide a simple and
				  effective means to assess and reduce air pollution from sources that emit
				  particulate matter, fumes, smoke, or aerosols in order to reduce visible air
				  contaminants.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 5 - VISIBLE AIR CONTAMINANTS › Section 20.11.5.9 - SAVINGS CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
Any amendment to 20.11.5 NMAC, which is filed, with the State
				  Records Center shall not affect actions pending for violation of a City or
				  County ordinance or Air Quality Control Board Regulation 5. Prosecution for a
				  violation under prior regulation wording shall be governed and prosecuted under
				  the ordinance, Part, or regulation section 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 5 - VISIBLE AIR CONTAMINANTS › Section 20.11.5.10 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any section, subsection, sentence, phrase, clause, or
				  wording of this Part or the 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 portions of this
				  Part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 5 - VISIBLE AIR CONTAMINANTS › Section 20.11.5.11 - DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Documents incorporated and cited in this Part 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 5 - VISIBLE AIR CONTAMINANTS › Section 20.11.5.12 - GENERAL STATIONARY SOURCES

Current through Register Vol. 35, No. 13, July 16, 2024
No person owning or operating any stationary source, not
				  otherwise addressed in this Part, shall cause or allow visible air contaminant
				  emissions that exceed an opacity of 20 percent, 6 minute
				  time-averaged.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 5 - VISIBLE AIR CONTAMINANTS › Section 20.11.5.13 - SPECIFIC STATIONARY SOURCES

Current through Register Vol. 35, No. 13, July 16, 2024
The following visible emissions and operational limitations
				  shall be applicable to the sources listed.
A. Incinerator, Pathological Waste
				Destructor, or Crematorium: No person shall cause or allow visible emissions
				from an incinerator, pathological waste destructor, or crematorium, allowed
				pursuant to 20.11.68, or 69 NMAC, to exceed 5 percent opacity during any time
				interval including startup and shutdown.
B. Stationary Spark Ignition Engine: Except
				for the initial 10 seconds from startup, no person shall cause or allow visible
				emissions from any stationary spark ignition engine to exceed 5 percent
				opacity, 3 minute time-averaged.
C.
				Diesel-Powered Engine: No person shall cause or allow visible emissions from
				any stationary diesel-powered engine to exceed 20 percent opacity, 6 minute
				time-averaged. During the first 20 minutes of cold startup the visible
				emissions shall not exceed 40 percent opacity, 6 minute time-averaged.
				Additionally, no increase of load shall be applied so as to cause an emission
				having an opacity greater than 40 percent during any time interval.
D. Training: The operation of equipment
				specifically designed for the purposes of training certified smoke observers is
				permissible with no limits on visible emissions providing the equipment is
				operated so that the emissions do not pose an annoyance to any person, private
				residence, or business.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 5 - VISIBLE AIR CONTAMINANTS › Section 20.11.5.14 - MOBILE SOURCES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Motor
				Vehicles: Except for the mobile sources listed below, motor vehicles are
				subject to the visible emission limitations required by 20.11.103 NMAC, and not
				this Part.
B. Railroad:
(1) No person shall cause or allow visible
				emissions from any moving railroad train to exceed 20 percent opacity, 6 minute
				time-averaged, except the restriction is not applicable in the following
				conditions:
(a) for a period of four
				consecutive minutes when a locomotive is loaded after a period of
				idle.
(b) for a period of one
				minute during acceleration under load from a throttle position other than idle
				to a higher throttle position.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 5 - VISIBLE AIR CONTAMINANTS › Section 20.11.5.15 - TEST PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Visible
				emission limitations specified in this Part shall be determined by a certified
				observer using the standard visual method listed in 40 CFR 60 A, Method 9, or
				by operation of equipment approved by the Director that is known to produce
				equivalent or better accuracy.
B.
				Unless otherwise stated herein, emission observations shall be time-averaged
				over a minimum of 6 minutes. Where condensed water vapor is visible in an
				exhaust plume, the opacity assessment shall be made at a point consistent with
				the procedure stipulated in 40 CFR 60 Appendix A, Method 9.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 5 - VISIBLE AIR CONTAMINANTS › Section 20.11.5.16 - CIRCUMVENTION

Current through Register Vol. 35, No. 13, July 16, 2024
No person shall use any plan, activity, device or
				  contrivance, which the Department determines will, without resulting in an
				  actual reduction of air contaminants, conceal or appear to minimize the effects
				  of an emission, which would otherwise violate this Part. Air introduced for
				  dilution purposes only shall be considered circumvention of this
				  Part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 6 - EMERGENCY ACTION PLAN › Section 20.11.6.1 - 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)
				  768-2600.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 6 - EMERGENCY ACTION PLAN › Section 20.11.6.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This Part is applicable to the Director of the air pollution
				  control agency of Bernalillo County, New Mexico.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 6 - EMERGENCY ACTION PLAN › Section 20.11.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This Part 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
				  Section 4; and the Joint Air Quality Control Board Ordinance, Revised
				  Ordinances of Albuquerque 1994 Section 9-5-1 -4.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 6 - EMERGENCY ACTION PLAN › Section 20.11.6.5 - 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 6 - EMERGENCY ACTION PLAN › Section 20.11.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To have an air emissions plan to prevent ambient pollution
				  concentrations from substantially endangering the public
				  health.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 6 - EMERGENCY ACTION PLAN › Section 20.11.6.9 - SAVINGS CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
Any amendment to 20.11.6 NMAC, which is filed, with the State
				  Records Center shall not affect actions pending for violation of a City or
				  County ordinance, Air Quality Control Board Regulation 27, or 20.11.6 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.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 6 - EMERGENCY ACTION PLAN › Section 20.11.6.10 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
In any section, paragraph, sentence, clause, or word of this
				  Part 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 this Part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 6 - EMERGENCY ACTION PLAN › Section 20.11.6.11 - DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Documents incorporated and cited in this Part 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 6 - EMERGENCY ACTION PLAN › Section 20.11.6.12 - APPLICABLE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Under the general cognizance of the Board, the Director shall
				  formulate and administer an emergency action plan approved by the Board and
				  designed to provide for taking any emission control actions necessary to
				  prevent ambient pollutant concentrations at any location in the county from
				  reaching levels which would constitute imminent and substantial endangerment to
				  the health of persons, which levels are described by the
				  Director.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 7 - VARIANCE PROCEDURE › Section 20.11.7.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Albuquerque-Bernalillo County Air Quality Control Board, c/o
				  Environmental Health Department, P.O. Box 1293, Albuquerque, NM 87103.
				  Telephone: (505) 768-2600.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 7 - VARIANCE PROCEDURE › Section 20.11.7.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
A. 20.11.7 NMAC
				establishes procedures and criteria for obtaining a variance from a limitation
				or other requirement (together referred to as "limitation" in 20.11.7 NMAC)
				prescribed under the Air Quality Control Act, a regulation of the
				Albuquerque-Bernalillo county air quality control board or a permit condition
				imposed by the department. However, the board cannot grant a variance from
				federal requirements in 20.11.8 NMAC, 20.11.41 NMAC, 20.11.42 NMAC, 20.11.60
				NMAC, 20.11.61 NMAC, 20.11.62 NMAC, 20.11.63 NMAC and 20.11.64 NMAC. Granting
				or approval of a variance by the board does not mean automatic approval by the
				EPA.
B. Exempt: 20.11.7 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 7 - VARIANCE PROCEDURE › Section 20.11.7.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
20.11.7 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
				  and
				  74-2-8; the
				  Joint Air Quality Control Board Ordinance, Bernalillo County Ordinance 94-5
				  Sections 3, 4 and 8; and the Joint Air Quality Control Board Ordinance, Revised
				  Ordinances of Albuquerque 1994 Sections 9-5-1 -3, 9-5-1 -4 and 9-5-1 -8.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 7 - VARIANCE PROCEDURE › Section 20.11.7.5 - 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 7 - VARIANCE PROCEDURE › Section 20.11.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of 20.11.7 NMAC is to establish procedures and
				  criteria by which a petitioner may seek a variance from a limitation prescribed
				  under the Air Quality Control Act, a regulation of the Albuquerque-Bernalillo
				  county air quality control board or a permit condition imposed by the
				  department. However, the board cannot grant a variance from federal
				  requirements in 20.11.8 NMAC, 20.11.41 NMAC, 20.11.42 NMAC, 20.11.60 NMAC,
				  20.11.61 NMAC, 20.11.62 NMAC, 20.11.63 NMAC and 20.11.64
				  NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 7 - VARIANCE PROCEDURE › Section 20.11.7.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the definitions in 20.11.7.7 NMAC, the
				  definitions 20.11.1 NMAC apply unless there is a conflict between definitions,
				  in which case the definition in 20.11.7 NMAC shall govern.
A. "Division" means the air quality division
				of the city of Albuquerque environmental health department or its successor
				agency.
B. "Ex parte contact" means
				oral or other communication with a board member or the board hearing officer
				regarding the merits of a pending variance petition if the contact occurs
				between the date the petition for variance is filed and the conclusion of the
				variance procedure, and if the contact is intended to or may affect the board
				member's or hearing officer's opinion regarding the merits of the pending
				variance petition.
C. "Petitioner"
				means a person seeking a variance from a limitation of the Air Quality Control
				Act, the City of Albuquerque Joint Air Quality Control Board ordinance, the
				Bernalillo County Joint Air Quality Control Board ordinance, a regulation of
				the Albuquerque-Bernalillo county air quality control board, or a permit
				condition imposed by the department.
D. "Prima facie case" means evidence
				submitted by the petitioner during a hearing if the evidence is sufficient on
				its face to entitle the petitioner to prevail, before adverse evidence is
				presented at the hearing.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 7 - VARIANCE PROCEDURE › Section 20.11.7.9 - SAVINGS CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
Any amendment to 20.11.7 NMAC that is filed with the state
				  records center shall not affect actions pending for violation of the Air
				  Quality Control Act, a city of Albuquerque or county of Bernalillo ordinance, a
				  regulation of the board or any permit condition imposed by the department.
				  Prosecution for a violation under prior regulation wording shall be governed
				  and prosecuted under the statute, ordinance, regulation or permit condition 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 7 - VARIANCE PROCEDURE › Section 20.11.7.10 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any section, paragraph, sentence, clause, or word of
				  20.11.7 NMAC 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 20.11.7 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 7 - VARIANCE PROCEDURE › Section 20.11.7.11 - DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Documents incorporated and cited in 20.11.7 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 7 - VARIANCE PROCEDURE › Section 20.11.7.12 - PETITION FOR VARIANCE - FEE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				A person seeking a variance from a regulation of the board or a permit
				condition imposed by the department shall do so by delivering a written
				petition for variance to the director and the division manager. The petitioner
				shall use petition forms obtained from the department. The petition form shall
				include information regarding how the public may obtain additional information
				from the division regarding the petition, including information regarding the
				date, time and place of any variance petition hearing before the
				board.
B. Petitions shall:
(1) be delivered to the director and the
				division manager within 30 consecutive days after the date the petitioner had
				actual or constructive knowledge of the limitation regarding which the
				petitioner is seeking a variance;
(2) state the petitioner's name, address,
				telephone number, and, if available, facsimile number, cellular telephone
				number and other contact information;
(3) state the date the petition is delivered
				to the director and the division manager;
(4) describe the facility or activity
				regarding which the variance is sought, if applicable;
(5) state the address or description of the
				property upon which the facility is located, if applicable;
(6) identify and provide a citation to the
				limitation prescribed by the Air Quality Control Act, the regulation of the
				board or the permit condition imposed by the department regarding which the
				variance is sought;
(7) state in
				detail the extent to which the petitioner wishes to vary from the
				limitation;
(8) state why the
				petitioner believes the variance is justified and can be approved by the board
				consistent with the requirements of the Air Quality Control Act, specifically,
				Subsections A and B of
				74-2-8 NMSA
				1978, Variances;
(9) state any time
				periods, limitations and other conditions that must be included in the variance
				in order to comply with Subsection C of
				74-2-8 NMSA
				1978; and
(10) be signed by the
				petitioner or by a person who is authorized to sign on the petitioner's behalf.
				If the person signing is not the petitioner, the person signing shall state in
				writing the source of the authority to sign on petitioner's behalf and shall
				attach the proof of authority to the petition that is delivered to the division
				manager.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 7 - VARIANCE PROCEDURE › Section 20.11.7.13 - ACTION BY THE DIRECTOR

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Within 15 consecutive days after receipt of the variance petition, the director
				shall promptly investigate and evaluate the petition, deliver a written
				recommendation to each member of the board, and mail a copy of the
				recommendation to the petitioner by certified mail. The director may deliver a
				second copy of the recommendation to the petitioner by facsimile or hand
				delivery. When the circumstances justify, the director may extend the period of
				time by which the director must submit the director's recommendation to the
				board. The director shall notify the board and the petitioner in writing of the
				length of the extension and the reason for the extension. Sufficient reasons
				for an extension shall include failure by the petitioner to provide technical
				information necessary for the director to determine whether to recommend that
				the board grant or deny a variance.
B. The director's recommendation shall:
(1) state the date that the recommendation is
				made;
(2) state the director's
				recommendation; and
(3) state the
				director's reason for the recommendation.