reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 39 - PERMIT WAIVERS AND AIR QUALITY NOTIFICATIONS FOR CERTAIN SOURCE CATEGORIES › Section 20.11.39.18 - AMENDING AN AIR QUALITY NOTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
Owners and operators of sources to which this part applies
				  shall notify the department within 30 days of any change in information in an
				  effective AQN as follows.
A.
Administrative Amendments:
(1)
				When information required by Paragraphs (1) or (2) of Subsection B of
				20.11.39.14 NMAC changes, the owner or operator shall notify the department in
				writing of the new information within 30 days of the change. Failure to timely
				notify the department as required by this subsection is a violation of Part
				39.
(2) The department shall notify
				the owner or operator within 30 days that it has received the changed
				information and shall issue an amended AQN by electronic mail or such other
				means as may be necessary.
(3) The
				owner or operator shall not be required to pay a fee for notifying the
				department of the change or receiving an amended AQN.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 39 - PERMIT WAIVERS AND AIR QUALITY NOTIFICATIONS FOR CERTAIN SOURCE CATEGORIES › Section 20.11.39.19 - FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General
				requirements:
(1) Any person who
				submits any AQN application shall pay fees as set forth below.
(2) The departmentshall not review or issue
				an AQN until the owner or operator provides documentary proof satisfactory to
				the department that all applicable fees have been paid as required by 20.11.39
				NMAC.
(3) All fees required to be
				paid at the time of submittal shall be paid by check, money order or other
				means approved by the department payable to the "City of Albuquerque Air
				Quality Permit Fund" and either be delivered in person to the Albuquerque
				Environmental Health Department, 3rd floor, Suite 3023 or 3047, Albuquerque -
				Bernalillo County Government Center, south building, One Civic Plaza NW,
				Albuquerque, NM, or mailed to Attn: Air Quality Program, Albuquerque
				Environmental Health Department, P.O. Box 1293, Albuquerque, NM 87103, or
				on-line payment method approved by the department. The person delivering or
				filing a submittal shall attach a copy of the receipt of payment to the
				submittal as proof of payment.
(4)
				Failure of the owner or operator of a Part 39 source to pay a required fee is a
				violation of 20.11.39 NMAC.
(5) No
				fee or portion of a fee required by 20.11.39 NMAC shall be refunded.
(6) All money received by the department
				pursuant to this section shall be deposited by the city of Albuquerque in the
				city's permit fund.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 39 - PERMIT WAIVERS AND AIR QUALITY NOTIFICATIONS FOR CERTAIN SOURCE CATEGORIES › Section 20.11.39.20 - AQN CANCELLATION

Current through Register Vol. 35, No. 13, July 16, 2024
An owner or operator who receives an AQN must construct the
				  source and begin its intended operations within two years of the date of the
				  issuance of the AQN. AQNs for sources which have not been constructed and begun
				  operations within two years shall be void.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 40 - SOURCE REGISTRATION › Section 20.11.40.1 - 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 40 - SOURCE REGISTRATION › Section 20.11.40.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
A. This Part is
				applicable to any stationary source located in Bernalillo County.
B. Exempt: 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 Board lacks
				jurisdiction.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 40 - SOURCE REGISTRATION › Section 20.11.40.3 - 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 40 - SOURCE REGISTRATION › Section 20.11.40.5 - 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
				  the section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 40 - SOURCE REGISTRATION › Section 20.11.40.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
By January 1, 1974, any person owning or operating any
				  commercial or industrial stationary source, which emits more than two thousand
				  pounds of any air contaminant per year or any amount of a hazardous air
				  pollutant, must obtain a Registration Certificate for the source from the
				  Director. Any person owning or operating any commercial or industrial
				  stationary source constructed after September 1, 1973, and meeting the emission
				  requirements of this section, must obtain a Registration Certificate for the
				  source from the Director within one hundred and eighty days after the initial
				  startup date of the source.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 40 - SOURCE REGISTRATION › Section 20.11.40.9 - SAVINGS CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
Any amendment to 20.11.40 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 22, or 20.11.40 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 40 - SOURCE REGISTRATION › Section 20.11.40.10 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If 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 40 - SOURCE REGISTRATION › Section 20.11.40.11 - 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 40 - SOURCE REGISTRATION › Section 20.11.40.13 - REGISTRATION CERTIFICATE

Current through Register Vol. 35, No. 13, July 16, 2024
Any person seeking a Registration Certificate shall do so by
				  filing a written application with the Director.
A. Applications shall:
(1) Be made on forms furnished by the
				Director.
(2) State the operator's
				name and mailing address.
(3) State
				the owner's name and mailing address.
(4) State the name and address of the
				source.
(5) State the date of the
				application.
(6) Describe the
				nature and amounts of any air contaminants emitted from the source.
(7) Describe the nature of all processes and
				equipment which produce air contaminant emissions.
(8) Describe the nature and effectiveness of
				any air pollution control equipment used.
(9) State the type, quantity and purpose of
				any fuel used.
(10) State the
				normal operating schedule of the source in terms of hours per day, days per
				week, weeks per month, and months per year.
(11) Contain such other relevant information
				as the Director may require.
(12)
				Be signed by the applicant or his authorized representative.
(13) Be accompanied by a one-time
				registration fee of $25.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 40 - SOURCE REGISTRATION › Section 20.11.40.14 - FEES

Current through Register Vol. 35, No. 13, July 16, 2024
The total of all registration fees paid to the Director on or
				  before the effective date of this Part shall be applied to the prescribed fee
				  due under this Part. No fee is refundable.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 40 - SOURCE REGISTRATION › Section 20.11.40.15 - RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
Any records or other information furnished to the Director
				  relating to the Director relating to business matters, processes or production
				  techniques unique to the applicant and considered to be confidential shall be
				  clearly labeled as being confidential by the applicant and shall not be made a
				  part of any public record unless the applicant expressly agrees to its
				  publication.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 41 - CONSTRUCTION PERMITS › Section 20.11.41.1 - 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 41 - CONSTRUCTION PERMITS › Section 20.11.41.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
20.11.41 NMAC applies to every person who intends to
				  construct, operate, modify, relocate or make a technical revision to a source
				  that is subject to 20.11.41 NMAC or who has authority to operate a source that
				  triggers the emission thresholds in Subsection B of 20.11.41.2 NMAC, except as
				  otherwise provided.
A.
Applicability:
Every stationary source subject to 20.11.41 NMAC
				shall obtain an air quality construction permit from the department as required
				by 20.11.41 NMAC before:
(1) commencing
				construction of a new stationary source;
(2) operating a stationary source that was
				required by 20.11.41 NMAC to obtain a construction permit before commencing
				construction or modification, but the stationary source has no active
				construction permit; or
(3)
				modification of a stationary source.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 41 - CONSTRUCTION PERMITS › Section 20.11.41.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
20.11.41 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; and 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 41 - CONSTRUCTION PERMITS › Section 20.11.41.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 1, 2014, 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 41 - CONSTRUCTION PERMITS › Section 20.11.41.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish the requirements for obtaining a construction
				  permit, construction permit modification, relocation and administrative and
				  technical permit revision.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 41 - CONSTRUCTION PERMITS › Section 20.11.41.8 - VARIANCES

Current through Register Vol. 35, No. 13, July 16, 2024
A person may request a variance from 20.11.41 NMAC in
				  accordance with the procedures established in 20.11.7 NMAC,
Variance
				  Procedure
.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 41 - CONSTRUCTION PERMITS › Section 20.11.41.9 - SAVINGS CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
Any amendment to 20.11.41 NMAC that is filed with the state
				  records center and archives shall not affect actions pending for violation of
				  the state act, a city or county ordinance, a prior version of 20.11.41 NMAC,
				  another board regulation or a permit issued by the department. Prosecution for
				  a violation under prior regulation wording 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 41 - CONSTRUCTION PERMITS › Section 20.11.41.10 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If for any reason any section, paragraph, sentence, clause,
				  wording or application of 20.11.41 NMAC or any federal or New Mexico standards
				  incorporated herein is held unconstitutional or otherwise invalid by any court
				  or the United States environmental protection agency, the decision shall not
				  affect the validity or application of remaining provisions of 20.11.41
				  NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 41 - CONSTRUCTION PERMITS › Section 20.11.41.11 - DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Documents incorporated and cited in 20.11.41 NMAC may be
				  viewed at the Albuquerque environmental health department, One Civic Plaza NW,
				  Albuquerque, NM 87102. Permit applications, supporting documentation,
				  preliminary determinations made by the department, and draft permits, if
				  completed, shall be available for public inspection at the department's air
				  quality division office at One Civic Plaza NW, Albuquerque, New Mexico
				  87102.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 41 - CONSTRUCTION PERMITS › Section 20.11.41.12 - FEES FOR PERMIT APPLICATION REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
An application for a permit shall be accompanied by a check
				  or money order in the amount required by 20.11.2 NMAC,
Fees
.
				  No application shall be complete until the entire fee has been paid. Checks
				  shall be made payable to the city of Albuquerque as required by 20.11.2 NMAC,
Fees.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 41 - CONSTRUCTION PERMITS › Section 20.11.41.16 - PERMIT DECISION AND AIR BOARD HEARING ON THE MERITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Within 30 days after the department has
				received an application for a new permit or permit modification, the department
				shall review the application and determine whether it is administratively
				complete.
(1) If the application is deemed
				administratively complete, the department shall send a letter by certified mail
				or electronic mail to the applicant stating the department's
				determination.
(2) If the
				application is deemed administratively incomplete or the department determines
				a different type of permit application is required, the department shall send a
				letter by certified mail or electronic mail to the applicant stating what
				additional information or fees are necessary before the department can deem the
				application administratively complete. The department may require information
				that is necessary to perform a thorough review of the application including:
				technical clarifications, emission calculations, emission factor usage,
				additional application review fees if any are required by 20.11.2 NMAC and new
				or additional air dispersion modeling. The letter shall state a reasonable
				deadline for the applicant to deliver the information, fees or air dispersion
				modeling. The applicant shall deliver the requested information, fees or air
				dispersion modeling by the deadline set by the department. The department may
				extend the deadline for good cause as determined by the department. If the
				department does not receive the additional information, fees or modeling by the
				deadline, the department may deny the application. If the department has ruled
				an application administratively incomplete three times, the department shall
				deny the permit application and send a letter by certified mail or electronic
				mail to the applicant stating that the permit application has been denied. Fees
				submitted for processing an application that has been denied shall not be
				refunded. If the department has denied the application, the applicant may
				submit a new application and the fee required for a new application.
(3) If the department determines the
				application is administratively complete but no permit is required, the
				department shall send a letter by certified mail or electronic mail to the
				applicant informing the applicant of the determination.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 41 - CONSTRUCTION PERMITS › Section 20.11.41.17 - BASIS FOR PERMIT DENIAL

Current through Register Vol. 35, No. 13, July 16, 2024
After the department has deemed a permit application
				  administratively complete, the department may deny the application if:
A. the department determines the proposed
				construction, modification or technical revision will not meet an applicable
				standard, rule, regulation, provision or requirement of the federal act, the
				state act or a board regulation;
B.
				the department determines the source will cause or contribute to air
				contaminant levels in excess of a national or New Mexico ambient air quality
				standard;
C. the source will emit a
				hazardous air pollutant for which no NESHAP applies, if the HAP is emitted in a
				quantity and duration that may cause imminent danger to public
				health;
D. the department
				determines the construction, modification or technical revision would cause or
				contribute to ambient concentrations in excess of a prevention of significant
				deterioration (PSD) increment;
E.
				the department concludes that construction of a proposed new or modified source
				cannot or will not be completed within a reasonable time as determined by the
				department;
F. the department
				determines a conflict of interest existed or exists regarding an application
				that was submitted during accelerated review, as authorized by 20.11.41.32
				NMAC;
G. the emission data that was
				submitted by the applicant as part of the application is not acceptable to the
				department for technical reasons;
H. the estimated emissions of air
				contaminants submitted by the applicant have not been appropriately identified
				or quantified;
I. the issuance of a
				permit, permit modification or technical revision will not be consistent with
				achieving progress toward attainment of the state ambient air quality standard
				that is being exceeded; or
J. the
				department has delivered three written notices requiring the applicant to
				provide specified information the department needs in order to take final
				action on the application and the applicant either has not provided the
				information by the deadline stated in the related notification or the applicant
				has submitted information that the department has determined to be technically
				unacceptable; the department may agree in writing to extend the deadline for
				good cause as determined by the department; a department request for
				information shall be for information that is necessary for the department to
				perform a thorough review of the application and to take final action on the
				application and may include technical clarifications, emission calculations,
				emission factor usage and replacement of air dispersion modeling.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 41 - CONSTRUCTION PERMITS › Section 20.11.41.18 - APPLICANTS' ADDITIONAL LEGAL RESPONSIBILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
The issuance of a permit does not relieve any person from
				  responsibility for complying with applicable provisions of the federal act, the
				  state act or a regulation of the board.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 41 - CONSTRUCTION PERMITS › Section 20.11.41.19 - PERMIT CONDITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				contents of a permit application specifically identified by the department
				shall become terms and conditions of the permit.
B. The department shall impose conditions
				upon a permit as authorized by the state act and as the department determines
				to be appropriate, including:
(1) placement
				of individual emission limits on the source for which the permit is issued, as
				determined on a case-by-case basis, but the individual emission limits shall be
				only as restrictive as the more stringent of the following:
(a) the extent necessary to meet the
				requirements of the federal act, state act or board regulations; or
(b) the emission rate specified in the permit
				application;
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 41 - CONSTRUCTION PERMITS › Section 20.11.41.20 - PERMIT CANCELLATION, SUSPENSION OR REVOCATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The department shall cancel any permit for
				any source that ceases operation for five years or more, or permanently.
				Reactivation of any source after the five year period shall require a new
				permit.
B. The department may
				cancel a permit if the construction or modification is not commenced within two
				years from the date of issuance or, if during the construction or modification,
				work is suspended for a total of one year, such cancellation shall be subject
				to the following procedures:
(1) at least 30
				days before canceling a permit, the department shall notify the permittee by
				certified mail of the impending cancellation; upon cancellation, the department
				shall notify the permittee by certified mail of the cancellation of the permit
				and the reasons therefor; construction, modification and, if required, interim
				operation shall cease upon the effective date of cancellation contained in the
				notice of cancellation; a permittee who has received notice that a permit is or
				will be cancelled may request a hearing before the board; the request must be
				made in writing to the board within 30 days after the notice of the
				department's action has been received by the permittee; unless a timely request
				for hearing is made, the decision of the department shall be final;
				and
(2) if a timely request for
				hearing is made, the board shall hold a hearing within 60 days after receipt of
				the request; the department shall notify the requestor by certified mail of the
				date, time and place of the hearing; in the hearing, the burden of proof shall
				be upon the requestor; the board may designate a hearing officer to take
				evidence in the hearing; based upon the evidence presented at the hearing, the
				board shall sustain, modify or reverse the action of the department; the
				hearing shall be conducted pursuant to 20.11.81 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 41 - CONSTRUCTION PERMITS › Section 20.11.41.21 - PERMITTEE'S OBLIGATION TO INFORM THE DEPARTMENT AND DELIVER AN ANNUAL EMISSIONS INVENTORY

Current through Register Vol. 35, No. 13, July 16, 2024
A. After a
				permit is issued pursuant to 20.11.41 NMAC, the permittee shall inform the
				department by letter, facsimile or electronic mail of:
(1) the date of anticipated initial startup
				of the source no fewer than 30 days before the anticipated initial startup
				date;
(2) the date of anticipated
				initial startup of a portable stationary source no fewer than two days before
				the anticipated initial startup date;
(3) the date of actual initial startup of the
				source or portable stationary source no more than 15 days after actual startup
				has occurred;
(4) the date a
				portable stationary source leaves or returns to Bernalillo county;
(5) any change of ownership, operator or
				permittee no more than 15 days after the change has occurred; and
(6) any permit update or correction as
				required by 20.11.41 NMAC no more than 60 days after the permittee knows or
				should have known about the condition that requires updating or correction of
				the permit.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 41 - CONSTRUCTION PERMITS › Section 20.11.41.22 - PERFORMANCE TESTING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Within
				60 days after achieving the maximum production rate at which the newly
				constructed or modified stationary source will be operated, but not later than
				180 days after initial startup of the newly constructed or modified source, the
				owner or operator of the source may be required to conduct a performance test
				at the permittee's expense and in accordance with methods and under operating
				conditions approved by the department and to furnish the department with a
				written report of the results of the test. No more than 30 days after the test
				is completed, the permittee shall deliver the written report of the test
				results to the department. The permittee shall allow a representative of the
				department to be present at the test. The department may require the permittee
				to repeat the performance tests at the permittee's expense until compliance is
				demonstrated and testing is performed in a technically satisfactory manner as
				determined by the department.
B.
				The department may require the permittee to perform initial testing or
				additional testing if the department determines that:
(1) an inspection of the source indicates
				noncompliance with any regulation or permit condition;
(2) previous testing indicated noncompliance
				with emission limits established by the permit; or
(3) the test was technically
				unsatisfactory.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 41 - CONSTRUCTION PERMITS › Section 20.11.41.23 - TEMPORARY RELOCATION OF PORTABLE STATIONARY SOURCES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Portable aerospace ground equipment
				exempted by Subparagraph (f) of Paragraph (2) of Subsection F of 20.11.41.2
				NMAC and portable support equipment exempted by Subparagraph (g) of Paragraph
				(2) of Subsection F of 20.11.41.2 NMAC are not subject to the requirements of
				20.11.41.23 NMAC.
B. The permittee
				of a portable stationary source may submit a written request to the department
				seeking approval to temporarily relocate and operate the portable stationary
				source. Temporary relocations shall not exceed a total of 365 consecutive
				days.
C. The permittee of a
				portable stationary source shall not construct or operate at the new location
				until the department approves the relocation request in writing.
D. The permittee of a portable stationary
				source shall submit a relocation application no fewer than 45 days before the
				date the permittee proposes to commence operations at a new location within
				Bernalillo county. The permittee shall operate the portable stationary source
				at the proposed new location as required by the permit conditions unless the
				department imposes additional or more restrictive operational requirements or
				conditions in writing during the approval process. The relocation application
				shall:
(1) be submitted on forms provided by
				the department with fee required by 20.11.2 NMAC;
(2) include for each process unit an
				equipment list that shall include make, model and manufacture date; serial
				number; rated capacity; production rates; and emissions estimates;
(3) include a description of all stationary
				sources that have an air quality source registration or permit, and all
				residences, offices, schools, community centers and medical facilities that are
				located within one-quarter of a mile of the proposed new location of the
				portable stationary source;
(4)
				unless waived in writing by the department, include an EPA-approved air
				dispersion model executed for the proposed new location that demonstrates
				compliance with the NAAQS and the NMAAQS; the modeling protocol shall comply
				with the air dispersion modeling requirements of Paragraph (4) of Subsection E
				of 20.11.41.13 NMAC;
(5) include
				all information required by 20.11.41.13 NMAC determined to be relevant by the
				department and all additional information the department reasonably requires;
				and
(6) be signed by the operator,
				owner or an authorized representative certifying to the accuracy of all
				information included in the application and any attachments.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 41 - CONSTRUCTION PERMITS › Section 20.11.41.25 - NONATTAINMENT AREA REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Applicability: 20.11.41.25 NMAC applies to:
(1) a new source or modification of an
				existing source that will emit a regulated air contaminant that will cause an
				ambient impact of the contaminant in excess of a significant ambient
				concentration established in 20.11.41.33 NMAC
, Significant Ambient
				Concentrations - Nonattainment
, Table 1, at a location that does not
				meet the standards incorporated in 20.11.8 NMAC,
Ambient Air Quality
				Standards
, for that contaminant;
(2) a new source or modification of an
				existing source that is not a major stationary source or major modification as
				defined in 20.11.60 NMAC,
Permitting in Nonattainment Areas
,
				and will emit a regulated air contaminant that will cause an ambient impact of
				the contaminant in excess of a significant ambient concentration established in
				20.11.41.33 NMAC,
Significant Ambient Concentrations -
				Nonattainment
, Table 1, at a location that does not meet the NAAQS for
				that contaminant; and
(3) an
				existing source that does not propose an increase in emissions but emits or
				will emit a regulated air contaminant that will cause an ambient impact of the
				contaminant in excess of a significant ambient concentration included in
				20.11.41.33 NMAC,
Significant Ambient Concentrations -
				Nonattainment
, Table 1, at any location that does not meet the 20.11.8
				NMAC standards for that contaminant.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 41 - CONSTRUCTION PERMITS › Section 20.11.41.26 - COMPLIANCE CERTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Notwithstanding any other provision in the New Mexico state implementation plan
				for air quality, a permittee may use monitoring required by 20.11.42 NMAC,
Operating Permits
, in addition to compliance methods specified
				in a permit issued to the source for the purpose of submitting a compliance
				certification.
B. 20.11.41.26 NMAC
				applies only to sources that are subject to 20.11.41 NMAC and are defined as a
				major source in 20.11.42 NMAC,
Operating Permits
.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 41 - CONSTRUCTION PERMITS › Section 20.11.41.27 - ENFORCEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Notwithstanding any other provision in the New Mexico state
				  implementation plan for air quality, any credible evidence may be used to
				  determine whether a person has violated or is in violation of the terms or
				  conditions of a permit issued pursuant to 20.11.41 NMAC, including a permit
				  issued to a source that meets the applicability requirements 20.11.61 NMAC,
Prevention of Significant Deterioration
, or 20.11.60 NMAC,
Permitting in Nonattainment Areas
.
A. Information obtained by using the
				following methods is presumptively credible evidence of whether a violation has
				occurred at a source:
(1) a monitoring or
				information-gathering method approved for the source pursuant to 20.11.42 NMAC
				and incorporated in a 20.11.42 NMAC operating permit; or
(2) compliance methods specified by the New
				Mexico state implementation plan for air quality.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 41 - CONSTRUCTION PERMITS › Section 20.11.41.28 - ADMINISTRATIVE AND TECHNICAL PERMIT REVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Administrative permit
				revision:
(1) An administrative permit
				revision may be used by the department or requested by a permittee to revise a
				permit that has been issued pursuant to 20.11.41 NMAC in order to:
(a) correct a typographical error;
(b) identify a change in ownership, name,
				address or contact information of any person identified in the permit;
				or
(c) incorporate a change in the
				permit if the change is limited to retiring an emission unit at the facility,
				which shall be effective when the department receives written notice that the
				emission unit has ceased operation; and
(d) incorporate a change in the permit to
				include a source or activity at the facility if the facility or activity is
				exempted by Paragraph (3) of Subsection F of
				20.11.41.2
				NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 41 - CONSTRUCTION PERMITS › Section 20.11.41.29 - PERMIT MODIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A person who proposes to modify a stationary source shall
				  comply with all requirements of 20.11.41 NMAC. Applications for permit
				  modifications shall be processed in accordance with all requirements
				  established by 20.11.41 NMAC for permit applications, including public notice,
				  review, fees and hearing procedures.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 41 - CONSTRUCTION PERMITS › Section 20.11.41.30 - PERMIT REOPENING, REVISION AND REISSUANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The department may impose reasonable terms
				and conditions upon a permit, including a schedule of construction, the maximum
				period of time the permit shall be valid and a condition requiring timely
				revision of permit terms or conditions in order to meet new requirements, if
				any, under any federally required and approved state implementation plan
				revision. The department may reopen, revise and reissue a permit if the
				department determines:
(1) additional
				applicable requirements of the federal Act or the state act become applicable
				to the source, including excess emission requirements under the Title IV acid
				rain program;
(2) the permit
				contains a substantive material mistake or that an inaccurate statement was
				made in the permit application that resulted in incorrect or inappropriate
				evaluation of ambient air quality impacts or incorrect or inappropriate terms
				and conditions in the permit, including emissions limitations;
(3) the permit requires reopening, revision
				and reissuance to ensure compliance with all applicable requirements of the
				federal act, the state act and the board regulations;
(4) the permittee failed to disclose a
				material fact or a regulation that is applicable to the source as required in
				the permit application process, and the applicant knew or should have known
				about the material fact or regulation at the time the application was
				submitted; or
(5) the terms and
				conditions of a permit have not been or are not being met, as determined by the
				department.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 41 - CONSTRUCTION PERMITS › Section 20.11.41.32 - ACCELERATED REVIEW OF APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Request for accelerated review of
				application:
As provided by the state act at NMSA 1978 Section
				74-2-7(B)(8)
				and (9), an applicant may request accelerated
				review if the applicant complies with the following requirements and all other
				requirements of 20.11.41.32 NMAC:
(1)
										20.11.41.12
				NMAC, Fees for Permit Application Review;
(2)
										20.11.41.13
				NMAC, Application for Permit;
(3)
										20.11.41.15
				NMAC, Public Information Hearing;
(4)
										20.11.41.16
				NMAC, Permit Decisions and Air Board Hearing on the Merits;
(5)
										20.11.41.18
				NMAC, Applicant's Additional Legal Responsibilities;
(6)
										20.11.41.19
				NMAC, Permit Conditions;
(7)
										20.11.41.20
				NMAC, Permit Cancellation, Suspension or Revocation;
(8)
										20.11.41.21
				NMAC, Permittee's Obligation to Inform the Department and Deliver an Annual
				Emissions Inventory;
(9)
										20.11.41.22
				NMAC, Performance Testing;
(10)
										20.11.41.23
				NMAC, Temporary Relocation of Portable Stationary Sources;
(11)
										20.11.41.24
				NMAC, Emergency Permits;
(12)
										20.11.41.25
				NMAC, Nonattainment Area Requirements;
(13)
										20.11.41.26
				NMAC, Compliance Certification;
(14)
										20.11.41.27 NMAC,
				Enforcement;
(15)
										20.11.41.28
				NMAC, Administrative and Technical Permit Revisions;
(16)
										20.11.41.29
				NMAC, Permit Modification;
(17)
										20.11.41.30
				NMAC, Permit Reopening, Revision and Reissuance;
(18)
										20.11.41.31
				NMAC, General Construction Permits; and
(19)
										20.11.41.33
				NMAC, Significant Ambient Concentrations - Nonattainment.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 41 - CONSTRUCTION PERMITS › Section 20.11.41.33 - SIGNIFICANT AMBIENT CONCENTRATIONS - NONATTAINMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Table 1.
Pollutant
Averaging Time
Annual
24-hr
8-hr
3-hr
1-hr
1/2-hr
TSP
1.0 µg/m3
5.0 µg/m3
--
--
--
--
PM10
1.0 µg/m3
5.0 µg/m3
--
--
--
--
SO2
1.0 µg/m3
5.0 µg/m3
--
25 µg/m3
--
--
H2S
--
--
--
--
1.0 µg/m3
5.0 µg/m3
CO
--
--
0.5 mg/m3
--
2.0 mg/m3
--
NO2
1.0 µg/m3
5.0 µg/m3
--
--
--
--
Non-Methane Hydrocarbons
--
--
--
5.0 µg/m3
--
--
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 42 - OPERATING PERMITS › Section 20.11.42.1 - 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 42 - OPERATING PERMITS › Section 20.11.42.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
A. 20.11.42 NMAC
				sources: Operating permits must be obtained from the department for the
				following sources:
(1) any major
				source;
(2) any source, including
				an area source, subject to a standard or other requirement promulgated under
				Section 111 -
Standards of Performance for New Stationary
				Sources
, or Section 112 -
National Emission Standards
				for
Hazardous Air Pollutants
, of the federal act, but
				not including any source which:
(a) is
				exempted under Subparagraph (b), of Paragraph (1), of Subsection C of
				20.11.42.2 NMAC; or
(b) would be
				required to obtain a permit solely because it is subject to regulations or
				requirements under Section 112(r),
Prevention of Accidental
				Releases
of the federal act;
(3) any acid rain source; and
(4) any source in a source category so
				designated by the administrator, in whole or in part, by regulation, after
				notice and comment.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 42 - OPERATING PERMITS › Section 20.11.42.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
20.11.42 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
				  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 42 - OPERATING PERMITS › Section 20.11.42.5 - 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.
[The effective date for interim approval of the operating
				  permit program for Albuquerque-Bernalillo County, by the administrator, is
				  March 13, 1995]
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 42 - OPERATING PERMITS › Section 20.11.42.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To assure that major air pollution sources within Bernalillo
				  county obtain an operating permit setting forth minimum requirements and
				  conditions of operation pursuant to Title V of the Clean Air Act Amendments of
				  1990 (
				  42 U.S.C.
				  7401, et seq.).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 42 - OPERATING PERMITS › Section 20.11.42.8 - VARIANCES

Current through Register Vol. 35, No. 13, July 16, 2024
In accordance with the joint air quality control board
				  ordinances pursuant to the New Mexico Air Quality Control Act Section
				  74-2-8 NMSA
				  1978, applicants and permittee's may seek a variance from the non-federally
				  enforceable provisions of 20.11.42 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 42 - OPERATING PERMITS › Section 20.11.42.9 - SAVINGS CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
Any amendment to 20.11.42 NMAC, which is filed, with the
				  state records center shall not affect actions pending for violation of a city
				  or county ordinance, or 20.11.42 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 42 - OPERATING PERMITS › Section 20.11.42.10 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any section, paragraph, sentence, clause, or word of
				  20.11.42 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 20.11.42 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 42 - OPERATING PERMITS › Section 20.11.42.11 - DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Documents incorporated and cited in 20.11.42 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 42 - OPERATING PERMITS › Section 20.11.42.13 - PERMIT PROCESSING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Action
				on permit applications:
(1) A permit
				(including permit renewal) or permit modification shall only be issued if all
				of the following conditions have been met:
(a) the department has received a complete
				application for a permit, permit modification, or permit renewal, except that a
				complete application need not be received before issuance of a general permit
				under Subsection D of 20.11.42.12 NMAC;
(b) except for administrative and minor
				permit modifications, the department has complied with the requirements for
				public participation procedures under Subsection B of 20.11.42.13
				NMAC;
(c) except for administrative
				amendments, the department has complied with the requirements for notifying and
				responding to affected programs under Subsection C of 20.11.42.13
				NMAC;
(d) the conditions of the
				permit provide for compliance with all applicable requirements; and
(e) the administrator has received a copy of
				the proposed permit and any notices required under Subsection C of 20.11.42.13
				NMAC, and has not objected to issuance of the permit within the time period
				specified within that subsection.