reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 10 - HEMP POST-HARVEST PROCESSING › Part 2 - HEMP EXTRACTION, PRODUCTION, TRANSPORTATION, WAREHOUSING, AND TESTING › Section 20.10.2.11 - HEMP FACILITY REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. After
				the effective date of this part and unless otherwise provided, it is illegal to
				operate a hemp facility which does not meet the requirements of this
				section.
B. Adoption of 21 CFR 117
				Subparts A, B, and F. Except as otherwise provided, Subparts A, B, and F of the
				United States code of federal regulations, title 21, part 117 are hereby
				adopted and incorporated in their entirety.
C. Modifications. Except as otherwise
				provided, the following modifications are made to the incorporated subparts of
				21 CFR 117:
(1) 117.301: All records required
				by this part are subject to all requirements of this subpart;
(2) 117.315(c): Offsite storage of records is
				permitted if such records can be retrieved and provided onsite within 24 hours
				of request for official review. Electronic records are considered to be onsite
				if they are accessible from an onsite location; and
(3) 117.320: All records required by this
				part must be made promptly available to the regulatory authority for official
				review and copying upon oral or written request.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 10 - HEMP POST-HARVEST PROCESSING › Part 2 - HEMP EXTRACTION, PRODUCTION, TRANSPORTATION, WAREHOUSING, AND TESTING › Section 20.10.2.12 - WATER SUPPLY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Drinking
				water shall be obtained from an approved source that is:
(1) a public water system; or
(2) a non-public water system that is
				constructed, maintained, and operated according to law.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 10 - HEMP POST-HARVEST PROCESSING › Part 2 - HEMP EXTRACTION, PRODUCTION, TRANSPORTATION, WAREHOUSING, AND TESTING › Section 20.10.2.13 - HEMP FINISHED PRODUCT LABELING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				After the effective date of this part and unless otherwise provided, hemp
				finished products produced for:
(1) human
				consumption shall meet the applicable labeling requirements of 21 CFR 101 and
				the New Mexico Food Act; and
(2)
				absorption by humans shall meet the applicable labeling requirements of 21 CFR
				701 and 740.
(3) inhalation by
				humans shall meet applicable state and federal labeling
				requirements.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 10 - HEMP POST-HARVEST PROCESSING › Part 2 - HEMP EXTRACTION, PRODUCTION, TRANSPORTATION, WAREHOUSING, AND TESTING › Section 20.10.2.14 - HEMP FINISHED PRODUCT TESTING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				After the effective date of this part and unless otherwise provided, hemp
				finished products that will be used for human consumption, absorption, or
				inhalation shall be tested by an approved laboratory and meet the requirements
				of this section before they leave the hemp facility and are transported,
				distributed, sold or otherwise made available to consumers.
B. Except as otherwise provided, each
				batch/lot of hemp finished product shall be tested as follows:
(1) Cannabinoid profile, including at a
				minimum the concentration of the following:
(a) Total THC calculated as THC = (0.877 X
				THCA) + THC;
(b) D9-THC;
(c) THCA;
(d) CBD; and
(e) CBDA;
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 10 - HEMP POST-HARVEST PROCESSING › Part 2 - HEMP EXTRACTION, PRODUCTION, TRANSPORTATION, WAREHOUSING, AND TESTING › Section 20.10.2.15 - HEMP LABORATORIES

Current through Register Vol. 35, No. 13, July 16, 2024
Testing required in
				  20.10.2.14
				  NMAC shall be conducted by an approved laboratory that has no direct ownership
				  or financial interest in the hemp facility for which the testing is being
				  conducted.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 10 - HEMP POST-HARVEST PROCESSING › Part 2 - HEMP EXTRACTION, PRODUCTION, TRANSPORTATION, WAREHOUSING, AND TESTING › Section 20.10.2.16 - INSPECTION BY REGULATORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The regulatory authority shall conduct inspections of hemp facilities to
				determine compliance with the act, Food Service Sanitation Act, the New Mexico
				Food Act, and this part.
B. When an
				inspection conducted by the regulatory authority reveals a violation or repeat
				violation of this part, and a re-inspection is scheduled by the regulatory
				authority, a re-inspection penalty fee shall be assessed by the regulatory
				authority and paid by the operator as specified in Paragraph 5 of Subsection D
				of
				20.10.2.8
				NMAC.
C. After the regulatory
				authority presents official credentials and provides notice of the purpose of,
				and an intent to conduct, an inspection, the person in charge shall allow the
				regulatory authority to determine if the hemp facility is in compliance with
				this part and the act by allowing access to the facility to make an inspection,
				interview employees, and take photos, and providing information and records
				requested and to which the regulatory authority is entitled according to law,
				during the hemp facility's hours of operation and other reasonable
				times.
D. The regulatory authority
				shall be allowed to copy any records pertaining to the manufacture, processing,
				packing, distribution, receipt, holding, or importation of hemp product
				maintained by or on behalf of a hemp facility in any format, including paper
				and electronic formats, and at any location. Proprietary documents shall be
				protected by the regulatory authority according to law.
E. If a person in charge denies access to the
				regulatory authority, the regulatory authority shall:
(1) inform the person that:
(a) the permit holder is required to allow
				access to the regulatory authority as specified in Subsection F of this
				section;
(b) access is a condition
				of the acceptance and retention of a hemp facility permit to operate as
				specified in Paragraph 3 of Subsection E of
				20.10.2.8
				NMAC;
(c) if access is denied, an
				order issued by the appropriate authority allowing access, hereinafter referred
				to as an inspection order, may be obtained according to law; and
(d) refusal to allow access is grounds for
				immediate permit suspension or revocation; and
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 10 - HEMP POST-HARVEST PROCESSING › Part 2 - HEMP EXTRACTION, PRODUCTION, TRANSPORTATION, WAREHOUSING, AND TESTING › Section 20.10.2.17 - CEASING OPERATIONS AND REPORTING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Except as specified in Subsections B and C
				of this section, a permit holder shall immediately discontinue operations and
				notify the regulatory authority if an imminent health hazard may exist because
				of an emergency such as a fire, flood, extended interruption of electrical or
				water service, sewage backup, misuse of poisonous or toxic materials, onset of
				an apparent foodborne or hempborne illness outbreak, gross insanitary
				occurrence or condition, or other circumstance that may endanger public health,
				employees, or the environment.
B. A
				permit holder need not discontinue operations in an area of an establishment
				that is unaffected by the imminent health hazard.
C. Considering the nature of the potential
				hazard involved and the complexity of the corrective action needed, the
				regulatory authority may allow the permit holder to continue operations in the
				event of an extended interruption of electrical or water service if:
(1) a written emergency operating plan has
				been approved;
(2) immediate
				corrective action is taken to eliminate, prevent, or control any food safety
				risk and imminent health hazard associated with the electrical or water service
				interruption; and
(3) the
				regulatory authority is informed upon implementation of the written emergency
				operating plan.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 10 - HEMP POST-HARVEST PROCESSING › Part 2 - HEMP EXTRACTION, PRODUCTION, TRANSPORTATION, WAREHOUSING, AND TESTING › Section 20.10.2.18 - PERMIT SUSPENSION AND REVOCATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The regulatory authority may immediately
				suspend a permit, without prior warning, notice of a hearing, or a hearing, if
				it determines through inspection, examination of employees, hemp product
				records, or other means as specified in this part, if:
(1) an imminent health hazard exists;
				or
(2) the permit holder:
(a) allows serious or repeated violations of
				the Food Service Sanitation Act, the New Mexico Food Act, the act, or this
				part;
(b) allows violations of this
				part to remain uncorrected beyond time frames for correction approved,
				directed, or ordered by the regulatory authority;
(c) violates any term or condition of a
				permit as specified under Paragraph 3 of Subsection E of
				20.10.2.8
				NMAC;
(d) fails to comply with
				Subsection C of
				20.10.2.16
				NMAC;
(e) fails to comply with a
				regulatory authority order issued concerning an employee or conditional
				employee suspected of having a disease transmissible through hemp products by
				infected persons; or
(f) fails to
				comply with a hold order as specified in Subsection A of
				20.10.2.21
				NMAC;
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 10 - HEMP POST-HARVEST PROCESSING › Part 2 - HEMP EXTRACTION, PRODUCTION, TRANSPORTATION, WAREHOUSING, AND TESTING › Section 20.10.2.19 - APPEAL HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				permit holder may request an appeal hearing to address concerns about the
				regulatory authority's denial of an application for permit, suspension or
				revocation of a permit, or an enforcement action taken by the regulatory
				authority. A hearing request does not stay the regulatory authority's immediate
				suspension as specified in Subsection A of
				20.10.2.18
				NMAC.
B. The permit holder shall
				submit a written hearing request to the secretary within 10 calendar days from
				the date of receipt of the denial of an application for permit, permit
				suspension, permit revocation, or enforcement action.
C. The written request for hearing as
				specified in Subsection B of this section shall contain the following
				information:
(1) A statement of the issue of
				fact for which the hearing is requested;
(2) A statement of defense, mitigation,
				denial, or explanation concerning each allegation of fact;
(3) A statement indicating whether witnesses
				will be utilized during the hearing; and
(4) The name and address of the respondent's
				or requestor's legal counsel, if any.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 10 - HEMP POST-HARVEST PROCESSING › Part 2 - HEMP EXTRACTION, PRODUCTION, TRANSPORTATION, WAREHOUSING, AND TESTING › Section 20.10.2.20 - REMEDIES

Current through Register Vol. 35, No. 13, July 16, 2024
The regulatory authority may seek an administrative or
				  judicial remedy to achieve compliance with the provisions of this part if a
				  person operating a hemp facility:
A.
				fails to have a valid permit to operate a hemp facility as specified in
				Subsection A of Section
				20.10.2.8
				NMAC;
B. fails to comply with an
				employee restriction or exclusion order, an order to hold and not transport
				hemp product, or an immediate suspension notice issued by the regulatory
				authority as specified in Subsection A of
				20.10.2.18
				NMAC; or
C. denies the regulatory
				authority access to the premises of a hemp facility to:
(1) make an inspection, including taking
				photographs;
(2) examine and sample
				hemp products or other substances found on the premises; or
(3) examine and copy the records on the
				premises relating to hemp products as specified in Subsection C of
				20.10.2.16
				NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 10 - HEMP POST-HARVEST PROCESSING › Part 2 - HEMP EXTRACTION, PRODUCTION, TRANSPORTATION, WAREHOUSING, AND TESTING › Section 20.10.2.21 - HOLDING, EXAMINATION, AND DESTRUCTION OF HEMP PRODUCTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The regulatory authority may place a hold
				order on hemp products in a permitted hemp facility that:
(1) originated from an unapproved
				source;
(2) may be adulterated,
				misbranded, or otherwise unsafe for human consumption, or not accurately
				presented;
(3) are not labeled
				according to law;
(4) have a THC
				concentration of more than three-tenths percent, in hemp finished product;
				or
(5) are otherwise not in
				compliance with this part or the act.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 10 - HEMP POST-HARVEST PROCESSING › Part 2 - HEMP EXTRACTION, PRODUCTION, TRANSPORTATION, WAREHOUSING, AND TESTING › Section 20.10.2.22 - SERVICE OF NOTICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. A notice
				issued in accordance with this part shall be considered to be properly served
				if it is served by one of the following methods:
(1) The notice is personally served by the
				regulatory authority, a law enforcement officer, or a person authorized to
				serve a civil process to the permit holder, the person in charge, or person
				operating a hemp facility without a permit; or
(2) The notice is sent by the regulatory
				authority to the last known address of the permit holder or the person
				operating a hemp facility without a permit, by registered or certified mail or
				by other public means so that a written acknowledgment of receipt may be
				acquired.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 10 - HEMP POST-HARVEST PROCESSING › Part 2 - HEMP EXTRACTION, PRODUCTION, TRANSPORTATION, WAREHOUSING, AND TESTING › Section 20.10.2.23 - VARIANCES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The regulatory
				authority may grant a variance by modifying or waiving the requirements of this
				part if the regulatory authority determines that no hazard to human health or
				the environment will result from the modification or waiver.
B. The person requesting a variance shall
				submit a written application on a form provided by the regulatory authority.
				The following information shall be provided by the person requesting the
				variance:
(1) A statement of the proposed
				variance;
(2) The applicable code
				citations from which the variance is requested;
(3) A detailed rationale for how the
				potential hazards to human health or the environment addressed by the
				applicable code citations will be alternatively addressed by the proposal;
				and
(4) If applicable,
				documentation supporting the rationale provided.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 1 - GENERAL PROVISIONS › Section 20.11.1.1 - 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 1 - GENERAL PROVISIONS › Section 20.11.1.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
A. 20.11.1 NMAC is
				applicable within Bernalillo county.
B. Exempt: 20.11.1 NMAC does not apply to
				sources within Bernalillo county, which are located on Indian lands over which
				the Albuquerque - Bernalillo county air quality control board lacks
				jurisdiction.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 1 - GENERAL PROVISIONS › Section 20.11.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
20.11.1 NMAC is adopted pursuant to the authority provided in
				  the New Mexico Air Quality Control Act, NMSA 1978 Sections
				  74-2-4,
				  74-2-5.C;
				  the Joint Air Quality Control Board Ordinance, Bernalillo County Ordinance 94-5
				  Sections 3 & 4; the Joint Air Quality Control Board Ordinance, Revised
				  Ordinances of Albuquerque 1994 Sections 9-5-1 -3 & 9-5-1 -4.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 1 - GENERAL PROVISIONS › Section 20.11.1.5 - 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 of a specific section is located at the end of
				  that section within the historical brackets. As required by the New Mexico Air
				  Quality Control Act, Chapter 74, Article 2, Section 6 NMSA 1978, no regulation
				  or emission control requirement or amendment thereto, or repeal thereof, shall
				  become effective until 30 days after its filing under the State Rules Act,
				  Chapter 14, Article 4 NMSA 1978.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 1 - GENERAL PROVISIONS › Section 20.11.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To provide definitions which are generally applicable to
				  Albuquerque - Bernalillo county air quality control board
				  regulations.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 1 - GENERAL PROVISIONS › Section 20.11.1.9 - SAVINGS CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
Any amendment to 20.11.1 NMAC which is filed with the state
				  records center shall not affect actions pending for violation of a city or
				  county ordinance, or 20.11.1 NMAC. Prosecution for a violation under prior
				  regulation wording shall be governed and prosecuted under the statute,
				  ordinance, part or regulation section in effect at the time the violation was
				  committed.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 1 - GENERAL PROVISIONS › Section 20.11.1.10 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any section, paragraph, sentence, clause or word of
				  20.11.1 NMAC or any federal standards incorporated herein is for any reason
				  held to be unconstitutional or otherwise invalid by any court, the decision
				  shall not affect the validity of remaining provisions of 20.11.1
				  NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 1 - GENERAL PROVISIONS › Section 20.11.1.11 - DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Documents incorporated and cited in 20.11.1 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 2 - FEES › Section 20.11.2.1 - 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) 768-2601.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 2 - FEES › Section 20.11.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Applicability:
(1) every person required to submit a source
				registration application pursuant to 20.11.40 NMAC,
Source
				Registration
or other board regulation;
(2) except for sources subject to 20.11.42
				NMAC, Operating Permits, every person required to submit a permit application
				pursuant to 20.11.20 NMAC,
Fugitive Dust Control;
20.11.41
				NMAC,
Authority to Construct;
20.11.60 NMAC,
Permitting in Nonattainment Areas;
20.11.61 NMAC,
Prevention of Significant Deterioration
; or other board
				regulation;
(3) every person with a
				valid source registration or permit issued pursuant to 20.11.20 NMAC; 20.11.40
				NMAC; 20.11.41 NMAC; 20.11.42 NMAC; 20.11.60 NMAC; 20.11.61 NMAC; or other
				board regulation;
(4) every person
				who submits a permit modification pursuant to 20.11.41 NMAC,
Authority
				to Construct
; 20.11.60 NMAC,
Permitting in Nonattainment
				Areas;
or 20.11.61 NMAC,
Prevention of Significant
				Deterioration;
(5) every
				person who submits a technical permit revision pursuant to 20.11.41 NMAC,
Authority to Construct
;
(6) every person who submits an
				administrative revision to either a source registration issued pursuant to
				20.11.40 NMAC,
Source Registration,
or a permit issued
				pursuant to 20.11.41 NMAC,
Authority to Construct;
(7) every person required to submit a
				notification regarding removal of regulated asbestos containing material
				pursuant to 20.11.64 NMAC,
Emission Standards for Hazardous Air
				Pollutants for Stationary Sources
;
(8) every person who submits a request for a
				variance pursuant to 20.11.7 NMAC,
Variance
				Procedure
;
(9) every
				person who submits a request for a hearing before the board unless otherwise
				exempted; and
(10) every person who
				submits a request for professional or administrative services or copies of
				public records.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 2 - FEES › Section 20.11.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
20.11.2 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
				  74-2-7;
				  the Joint Air Quality Control Board Ordinance, Bernalillo County Ordinance
				  94-5, Sections 3, 4 and 7; and the Joint Air Quality Control Board Ordinance,
				  Revised Ordinances of Albuquerque 1994, Section 9-5-1 -3, Section 9-5-1 -4 and
				  Section 9-5-1 -7.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 2 - FEES › Section 20.11.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2001, unless a later date is cited at the end of a
				  section or paragraph.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 2 - FEES › Section 20.11.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish fees sufficient to cover the reasonable costs of
				  implementing and enforcing the requirements of: the federal Clean Air Act
				  (CAA); the New Mexico Air Quality Control Act, Chapter 74, Article 2, NMSA
				  1978; the city of Albuquerque and Bernalillo county joint air quality control
				  board ordinances; and the Albuquerque-Bernalillo county air quality control
				  board regulations, including:
A.
				reviewing and acting upon submittals made pursuant to Subsection A of 20.11.2.2
				NMAC;
B. implementing and enforcing
				the terms and conditions of source registrations or permits, but not including
				any court costs or other costs associated with an enforcement action;
C. reviewing air dispersion modeling analysis
				and demonstrations;
D. reviewing
				emission inventory submittals, conducting electronic filing and maintaining
				inventories, preparing emission inventories and tracking emissions;
E. developing, adopting, promulgating,
				publishing, amending and repealing regulations;
F. conducting emissions monitoring and
				ambient air monitoring;
G.
				administering variance procedures;
H. administering administrative hearings
				before the board as authorized by 20.11.81 NMAC,
Adjudicatory
				Procedures - Air Quality Control Board
; and
I. administering a small business stationary
				source technical and environmental compliance assistance program pursuant to
				Section 507 of the federal CAA.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 2 - FEES › Section 20.11.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the definitions in 20.11.2.7 NMAC, the
				  definitions in 20.11.1 NMAC apply unless there is a conflict between
				  definitions, in which case the definition in 20.11.2.7 NMAC shall
				  govern.
A. "Administrative revision"
				means a revision to either:
(1) a source
				registration issued pursuant to 20.11.40 NMAC, to incorporate a change in the
				stationary source information that does not result in the source being subject
				to 20.11.41 NMAC; or
(2) a permit
				that has been issued pursuant 20.11.41 NMAC in order to:
(a) correct a typographical error not made by
				the department;
(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 to include a source or activity at the
				facility if the facility is exempted pursuant 20.11.41 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 2 - FEES › Section 20.11.2.8 - SAVINGS CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
Any amendment to 20.11.2 NMAC that is filed with the state
				  records center shall not affect actions pending for violation of a federal or
				  state statute or regulation, a city or county ordinance, or a board regulation.
				  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 2 - FEES › Section 20.11.2.9 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If for any reason any section, paragraph, sentence, clause or
				  word of 20.11.2 NMAC or federal, state or local standard incorporated in
				  20.11.2 NMAC is determined to be unconstitutional or otherwise invalid by any
				  court or the United States environmental protection agency, the decision shall
				  not affect the validity of the remaining provisions of 20.11.2
				  NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 2 - FEES › Section 20.11.2.10 - DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Documents cited and incorporated in 20.11.2 NMAC may be
				  viewed at the Albuquerque Environmental Health Department, One Civic Plaza NW,
				  3rd Floor, Suite 3023, Albuquerque, NM 87102.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 2 - FEES › Section 20.11.2.11 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				person, including a federal, state or local governmental agency, who submits a
				document described in Subsection A of 20.11.2.2 NMAC, shall pay the total fee
				required by 20.11.2 NMAC at the time the document is submitted.
B. Every person with a valid source
				registration or a permit issued pursuant to 20.11.20 NMAC, 20.11.40 NMAC,
				20.11.41 NMAC, 20.11.42 NMAC, 20.11.60 NMAC, 20.11.61 NMAC or another board
				regulation, shall pay an annual emission fee as required by 20.11.2 NMAC, with
				the exception of fugitive dust control construction permits, which do not
				require payment of an annual emission fee.
C. No notification or submittal will be
				reviewed or source registration or permit issued unless the owner or operator
				provides documentary proof satisfactory to the department that either all
				applicable fees have been paid as required by 20.11.2 NMAC or the owner or
				operator has been granted a variance pursuant to 20.11.7 NMAC,
Variance
				Procedures
.
D. All fees
				required to be paid at the time of notification or submittal shall be paid by
				check or money order payable to the "City of Albuquerque fund 242" and either
				be delivered in person to the Albuquerque Environmental Health Department, 3rd
				floor, Suite 3023 or Suite 3047, Albuquerque - Bernalillo County Government
				Center, south building, One Civic Plaza NW, Albuquerque, NM, or mailed to Attn:
				Air Quality Division, Albuquerque Environmental Health Department, P.O. Box
				1293, Albuquerque, NM 87103. The department shall provide a receipt of payment
				to the applicant. The person delivering or filing a submittal shall attach a
				copy of the receipt of payment to the submittal as proof of payment.
E. Failure of the owner or operator of a
				source to pay an annual emission fee required by 20.11.2 NMAC, is a violation
				of 20.11.2 NMAC.
F. No fee or
				portion of a fee required by 20.11.2 NMAC shall be refunded unless the written
				approval of the manager is obtained using the procedure required by 20.11.2.16
				NMAC.
G. As required by
				74-2-16
				NMSA, all money received by the department pursuant to 20.11.2.13 NMAC, shall
				be deposited by the city of Albuquerque in the city's air quality permit fund
				("fund 242").
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 2 - FEES › Section 20.11.2.13 - ANNUAL EMISSION FEES; FEE CALCULATIONS AND PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. By June 1 of
				each year, the department shall send each owner or operator with either a valid
				source registration pursuant to 20.11.40 NMAC, a fugitive dust control
				programmatic permit issued pursuant to 20.11.20 NMAC, or a permit issued
				pursuant to 20.11.41 NMAC, 20.11.42 NMAC, 20.11.60 NMAC, 20.11.61 NMAC, or
				other board regulation, a letter stating the annual emission fee amount. If the
				owner or operator wishes to challenge or request a correction to the letter,
				then within 30 days after the owner or operator has received the letter from
				the department, the owner or operator shall deliver a written request to the
				department challenging the letter or requesting a correction to the letter. An
				owner or operator who submits a request to challenge or correct an error
				regarding the annual emission fee shall state in writing the basis upon which
				the fee was computed and shall follow the procedures set out in 20.11.2.16
				NMAC.
B. Beginning August 1 of each
				year the city of Albuquerque shall send each owner or operator with either a
				valid source registration pursuant to 20.11.40 NMAC, a fugitive dust control
				programmatic permit issued pursuant to 20.11.20 NMAC, or a permit issued
				pursuant to 20.11.41 NMAC, 20.11.42 NMAC, 20.11.60 NMAC, 20.11.61 NMAC, or
				other board regulation, an official invoice stating the annual emission fee
				due. The owner or operator shall pay the invoiced amount in full as directed in
				the invoice. All incorrect-fee challenges shall follow the appeal procedures
				set forth in 20.11.2.16 NMAC.
C.
				Calculating annual emission fees:
(1) For a
				fugitive dust control programmatic permit, the annual fee shall be calculated
				as required by Subsection J of 20.11.2.15 NMAC.
(2) For a source registration, the annual
				emission fee shall be the minimum annual emission fee as provided in
				20.11.2.21NMAC.
(3) For all other
				permitted sources, the allowable emission rate for each fee pollutant shall be
				totaled and expressed in tons per calendar year as a whole number. When
				rounding, if the number after the decimal point is less than five, the whole
				number remains unchanged. If the number after the decimal point is five or
				greater, the whole number shall be rounded up to next whole number. The sum of
				each fee pollutant expressed in tons, shall be multiplied by the applicable
				annual emission fee rate provided in Section 20.11.2.21 NMAC, then totaled to
				determine the annual emission fee due.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 2 - FEES › Section 20.11.2.14 - FILING FEES FOR REMOVAL OF REGULATED ASBESTOS CONTAINING MATERIAL; FEE CALCULATIONS AND PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				filing fee of $21.00 per asbestos unit (AU), adjusted as required by Subsection
				D of 20.11.2.14 NMAC, shall be paid at the time notification is delivered to
				the department as required by 20.11.64 NMAC,
Emission Standards for
				Hazardous Air Pollutants for Stationary Sources
.
B. The filing fee shall be calculated by
				multiplying the total number of asbestos units proposed to be removed, by the
				fee per asbestos unit (AU) provided in Subsection A of 20.11.2.14 NMAC.
				Equation 1 at Paragraph (1) of Subsection B of 20.11.2.14 NMAC shall be used to
				calculate the total asbestos units (AU) removed and filing fee amount due at
				the time the notification is delivered to the department:
(1) Equation 1: Amount due at time of filing
				= AU x AU fee = [(SF / 160) + (LF / 260) + (CF / 35)] x AU fee; where: SF =
				square feet of asbestos containing material to be removed; LF = linear feet of
				asbestos containing material to be removed; CF = cubic feet of asbestos
				containing material to be removed; and AU fee = filing fee per asbestos
				unit.
(2) Example: A contractor
				proposes to remove 320 square feet (SF), 260 linear feet (LF) and 70 cubic feet
				(CF) of regulated asbestos containing material. Therefore, [(SF / 160) + (LF /
				260) + (CF / 35)] x AU fee = [(320 / 160) + (260 / 260) + (70 / 35)] x $21.00 =
				[(2) + (1) + (2)] x $21.00 = 5 x $21.00 = $105.00
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 2 - FEES › Section 20.11.2.15 - FEES FOR FUGITIVE DUST CONTROL PERMITS AND INSPECTIONS; FEE CALCULATIONS AND PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Every
				person required to submit a permit application for a fugitive dust control
				construction permit as defined in 20.11.20.7 NMAC shall pay the total fee due
				at the time the permit application is submitted to the department.
B. The filing and review fee for a fugitive
				dust control construction permit for a project that is at least:
(1) three-quarters of an acre or more, but
				less than 2 acres is $250.00;
(2) 2
				acres, but less than 5 acres is $350.00;
(3) 5 acres, but less than 15 acres is
				$450.00; and
(4) 15 acres or more
				is $550.00.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 2 - FEES › Section 20.11.2.16 - FEE ERRORS, CORRECTIONS AND REFUNDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Pursuant to 20.11.20.17 NMAC,
Filing Review and Inspection Fees,
the filing and review fees
				portion of the total permit application fee due at time of submittal for a
				fugitive dust control construction permit application are
				non-refundable.
B. For all review
				fees that are due at the time of submittal, the person submitting the document
				(payor) shall pay the required review fee in full. If the payor wishes to
				request correction of an alleged error or to challenge the basis of a fee
				calculation, then, within 30 days after the payor delivers the submittal and
				the fee, the payor shall deliver a written request for review by a manager of
				the division ("manager"). The written request shall be addressed as required by
				Subsection D of 20.11.2.16 NMAC. If the manager has not received a written
				request for review within 30 days of submittal, the fee shall be deemed
				final.
C. An owner or operator
				(payor) who does not agree with the annual fee amount due may deliver a written
				request to the manager asking for a correction of an alleged error or
				challenging the basis upon which the fee was computed. Requests must be
				delivered to the manager within 30 days of payor's receipt of an invoice from
				the city requiring payment of an annual fee. If the manager has not received a
				written request for correction of an alleged error or a challenge to the basis
				of the fee calculation within 30 days after the payor receives the invoice, the
				invoice shall be deemed final, and immediately paid by the payor.
D. All written requests for review of a
				submittal or an annual fee shall be sent to: Manager, Air Quality Division,
				Albuquerque Environmental Health Department, Air Quality Division, P.O. Box
				1293, Albuquerque, NM 87103, or hand-delivered to: Manager, Air Quality
				Division, Albuquerque Environmental Health Department, 3rd floor, Suite 3023 or
				3047, Albuquerque - Bernalillo County Government Center, south building, One
				Civic Plaza NW, Albuquerque, NM.
E.
				The request for review of a submittal or annual fee shall include:
(1) the name, address and telephone number of
				the payor;
(2) the dollar amount of
				the alleged error or challenged calculation; and
(3) a description of the alleged error or
				basis of the challenge and any other information the payor believes may support
				the claim.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 2 - FEES › Section 20.11.2.17 - FAILURE TO PAY; LATE FEE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Failure to pay any fee required by 20.11.2 NMAC, a manager's decision made
				pursuant to 20.11.2.16 NMAC, or a board regulation is a violation of 20.11.2
				NMAC.
B. All incorrect-fee
				challenges shall follow the appeal procedures set forth in 20.11.2.16 NMAC.
				Stating an invoice is in error shall not be a defense to violation of Section
				20.11.2.17 NMAC.
C. Every person
				who is required by 20.11.2 NMAC to pay an annual emission fee but who does not
				submit payment in full as directed in the invoice shall pay an additional 50
				percent of the annual emission fee, plus interest, as a late fee to partially
				offset related costs. Interest shall be computed in accordance with the section
				of the internal revenue code relating to computing interest on underpayment of
				federal taxes.
D. In addition to
				paying a late fee for late delivery of an annual emission fee, the payor may be
				required to pay a penalty, as authorized by the New Mexico Air Quality Control
				Act, Chapter 74, Article 2, New Mexico Statutes Annotated 1978.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 2 - FEES › Section 20.11.2.18 - REVIEW FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Source
				registration review fees: A person with a stationary source that is required by
				20.11.40 NMAC to submit a source registration shall pay a registration review
				fee of $500.00 when the registration application is delivered to the
				department.
B. Permit application
				review fees for stationary sources that require permits pursuant to 20.11.41
				NMAC or other board regulation, and that are not subject to Subsection C of
				20.11.2.18 NMAC: $1,000.00.
C.
				Ton-per-year application review fees for stationary sources that require
				permits pursuant to 20.11.41 NMAC or other board regulation, and whose
				applicability is based on the source's pound per hour or ton per year
				emissions: A person with a stationary source that is required by Subsection C
				of 20.11.2.18 NMAC to obtain a permit and whose applicability is determined by
				pound per hour or ton per year emissions shall pay the following application
				review fee, based on the source's ton per year proposed allowable emission rate
				for the single highest fee pollutant:
(1)
				proposed sources with a proposed allowable emission rate equal to or greater
				than one ton per year and less than five tons per year: $750.00;
(2) proposed sources with a proposed
				allowable emission rate equal to or greater than 5 tons per year and less than
				25 tons per year: $1,500.00;
(3)
				proposed sources with a proposed allowable emission rate equal to or greater
				than 25 tons per year and less than 50 tons per year: $3,000.00;
(4) proposed sources with a proposed
				allowable emission rate equal to or greater than 50 tons per year and less than
				75 tons per year: $4,500.00;
(5)
				proposed sources with a proposed allowable emission rate equal to or greater
				than 75 tons per year and less than 100 tons per year: $6,000.00; and
(6) proposed sources with a proposed
				allowable emission rate equal to or greater than 100 tons per year:
				$7,500.00.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 2 - FEES › Section 20.11.2.19 - APPLICATION REVIEW FEES FOR MODIFICATION OF EXISTING PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Modifications: A
				person who submits an application for a proposed modification to an existing
				stationary source permit shall pay either $1000.00 if subject to Subsection B
				of 20.11.2.18 NMAC, or the applicable fee listed in Paragraphs (1)-(6) of
				Subsection A of 20.11.2.19 NMAC based on the source's ton-per-year proposed
				allowable emission rate for the single highest fee pollutant: The applicant
				shall round the calculations as described in Paragraph 4 of Subsection B of
				20.11.2.12 NMAC:
(1) proposed sources with a
				proposed allowable emission rate equal to or greater than one ton per year and
				less than five tons per year: $750.00;
(2) proposed sources with a proposed
				allowable emission rate equal to or greater than 5 tons per year and less than
				25 tons per year: $1,500.00;
(3)
				proposed sources with a proposed allowable emission rate equal to or greater
				than 25 tons per year and less than 50 tons per year: $3,000.00;
(4) proposed sources with a proposed
				allowable emission rate equal to or greater than 50 tons per year and less than
				75 tons per year: $4,500.00;
(5)
				proposed sources with a proposed allowable emission rate equal to or greater
				than 75 tons per year and less than 100 tons per year: $6,000.00; and
(6) proposed sources with a proposed
				allowable emission rate equal to or greater than 100 tons per year:
				$7,500.00.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 2 - FEES › Section 20.11.2.20 - ADMINISTRATIVE AND TECHNICAL REVISION APPLICATION FEES; PORTABLE STATIONARY SOURCE RELOCATION FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Revision
				fees:
(1) administrative revisions to permits
				issued pursuant to 20.11.41 NMAC: $250.00;
(2) technical revisions to permits issued
				pursuant to 20.11.41 NMAC: $500.00.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 2 - FEES › Section 20.11.2.21 - ANNUAL EMISSIONS FEES AND RATES FOR STATIONARY SOURCES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Source
				registration: $185.00.
B. Permitted
				source: Sources issued a permit pursuant to 20.11.41 NMAC, 20.11.42 NMAC,
				20.11.60 NMAC, 20.11.61 NMAC or other board regulation, shall pay a minimum
				annual emission fee of $185.00 or $44.00 per ton, whichever is greater. The
				annual emission fee shall be calculated as required by Subsection C of
				20.11.2.13 NMAC.
C. Hazardous fee
				pollutants (major sources): $308.00 per ton.
D. Stationary sources that require permits
				pursuant to 20.11.41 NMAC or other board regulation, and that are not subject
				to Subsection C of 20.11.2.18 NMAC shall pay an annual emission fee of
				$185.00.
E. The following sources
				shall pay a minimum annual emission fee of $308.00 or a fee of $44.00 per ton
				whichever is greater, with the annual emission fee calculated as required by
				Subsection C of 20.11.2.13 NMAC:
(1)
				emergency generators; and
(2)
				gasoline service and fleet stations.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 2 - FEES › Section 20.11.2.22 - MISCELLANEOUS FEES - ADMINISTRATIVE FEES; VARIANCE REQUEST FEES; BOARD HEARING FILING FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Administrative fees:
(1) Professional
				services fee: $92.00 per staff hour.
(2) Photocopying and other copies of public
				records: as provided by the New Mexico Inspection of Public Records Act and by
				the applicable city of Albuquerque ordinance and city administrative
				instruction number 1-7. The charge for copying public records shall not include
				a separate charge for staff time for locating and copying documents or for
				determining whether documents are exempt from inspection and copying.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 3 - TRANSPORTATION CONFORMITY › Section 20.11.3.1 - 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) 768-2601.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 3 - TRANSPORTATION CONFORMITY › Section 20.11.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Action
				applicability:
(1) Except as provided for in
				Subsection C of 20.11.3.2 NMAC or 20.11.3.126 NMAC, conformity determinations
				are required for:
(a) the adoption,
				acceptance, approval or support of transportation plans and transportation plan
				amendments developed pursuant to 23 CFR Part 450 or 49 CFR Part 613 by the
				metropolitan planning organization (MPO) or the United States department of
				transportation (DOT);
(b) the
				adoption, acceptance, approval or support of transportation improvement
				programs (TIPs) and TIP amendments developed pursuant to 23 CFR Part 450 or 49
				CFR Part 613 by the MPO or DOT; and
(c) the approval, funding or implementation
				of federal highway administration/federal transit administration (FHWA/FTA)
				projects.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 3 - TRANSPORTATION CONFORMITY › Section 20.11.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
20.11.3 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.