reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 9 - RULEMAKING PROCEDURES - ENVIRONMENT DEPARTMENT › Section 20.1.9.21 - POST-HEARING SUBMISSIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The hearing officer may allow the record to remain open for a
				  reasonable period of time following conclusion of the hearing for written
				  submission of additional evidence, comments arguments, and proposed statements
				  of reasons. The hearing officer's determination regarding post-hearing
				  submissions shall be announced at the conclusion of the hearing. In considering
				  whether the record will remain open, the hearing officer shall consider the
				  reasons why the material was not presented during the hearing, the significance
				  of material to be submitted, and the necessity for a prompt decision. If the
				  record is kept open, the hearing officer shall determine and announce the
				  subject(s) on which submittals will be allowed and the deadline for filing the
				  submittals.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 9 - RULEMAKING PROCEDURES - ENVIRONMENT DEPARTMENT › Section 20.1.9.22 - HEARING OFFICER'S REPORT

Current through Register Vol. 35, No. 13, July 16, 2024
If the secretary directs, the hearing officer shall file a
				  report of the hearing. The report shall identify the issues addressed at the
				  hearing, identify the parties' final proposals, and the evidence supporting
				  those proposals, including discussion or recommendations as requested by the
				  secretary, and shall be filed with the secretary's administrator within the
				  time specified by the secretary. The secretary's hearing office administrator
				  shall promptly notify each party that the hearing officer's report has been
				  filed and shall provide a copy of the report along with a notice of any
				  deadline set for comments on that report.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 9 - RULEMAKING PROCEDURES - ENVIRONMENT DEPARTMENT › Section 20.1.9.23 - DELIBERATION AND DECISION

Current through Register Vol. 35, No. 13, July 16, 2024
A. If the
				hearing notice indicated that a decision might be made at the conclusion of the
				hearing, the secretary may immediately make a decision on the proposed
				regulatory change.
B. The secretary
				shall reach a decision on the proposed regulatory change within 60 days
				following close of the record or the date the hearing officer's report is
				filed, whichever is later.
C. If
				the secretary determines that additional testimony or documentary evidence is
				necessary for a proper decision on the proposed regulatory change, the
				secretary may, consistent with the requirements of due process, reopen the
				hearing for such additional evidence only.
D. The secretary shall issue a decision on
				the proposed regulatory change in a suitable format which shall include the
				secretary's reasons for the action taken.
E. The secretary's written decision is the
				official version of the secretary's action, and the reasons for that action.
				Other written or oral statements by the secretary are not recognized as part of
				the secretary's official decision.
F. If the secretary fails to act on a
				proposed regulatory change within two years after the notice of proposed
				rulemaking is published in the New Mexico register, the rulemaking is
				automatically terminated unless the secretary acts to extend the period for an
				additional two years by filing a statement of good cause for the extension in
				the rulemaking record. If the secretary extends the rulemaking period, the
				secretary shall provide for additional public participation, comments, and
				hearing(s) prior to adopting the rule.
G. The secretary may terminate a rulemaking
				at any time by publishing a notice of termination in the New Mexico register.
				If the secretary terminates a rulemaking in this manner, the secretary shall
				provide to the public notice of the action.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 9 - RULEMAKING PROCEDURES - ENVIRONMENT DEPARTMENT › Section 20.1.9.24 - NOTICE OF SECRETARY ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				secretary's administrator shall provide to the public notice of the secretary's
				action and a concise explanatory statement.
B. The adopted rule shall not take effect
				unless within 15 days of adoption of the rule, the secretary delivers the final
				rule to the state records administrator, accompanied by a concise explanatory
				statement that contains:
(1) the date that
				the secretary adopted the rule;
(2)
				the effective date of the rule;
(3)
				a reference to the specific statutory or other authority authorizing the
				rule;
(4) any findings required by
				law for adoption of the rule;
(5)
				reasons for any change between the published proposed rule and the final rule;
				and
(6) reasons for not accepting
				substantive argument made through public comment.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 9 - RULEMAKING PROCEDURES - ENVIRONMENT DEPARTMENT › Section 20.1.9.25 - STAYS AND APPEALS OF SECRETARY REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person who is or may be affected by a
				rule adopted by the secretary may file a motion with the secretary's hearing
				administrator seeking a stay of that rule or regulatory change. The motion
				shall include the reason for, and the legal authority supporting, the granting
				of a stay. The movant that serve the motion for a say as provided by this part
				and shall further serve all parties in the rulemaking proceeding. The secretary
				will decide when the motion will be heard. Unless otherwise ordered by the
				secretary or otherwise provided by law, the filing of an appeal shall not act
				as a stay on the regulatory change being appealed.
B. Unless otherwise provided by governing
				law, the secretary may grant a stay pending appeal of any regulatory change
				promulgated by the secretary. The secretary may only grant a stay if good cause
				is shown after a motion is filed and a hearing is held.
C. In determining whether good cause is
				present for the granting of a stay, the secretary shall consider:
(1) the likelihood that the movant will
				prevail on the merits of the appeal;
(2) whether the moving party will suffer
				irreparable harm if a stay is not granted;
(3) whether substantial harm will result to
				other interested persons; and
(4)
				whether harm will ensue to the public interest.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 1 - GENERAL PROVISIONS › Section 20.2.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Statutory authority comes from the Environmental Improvement
				  Act, NMSA 1978, sections
				  74-1-1 et
				  seq., and the Air Quality Control Act, NMSA 1978, sections
				  74-2-1 et
				  seq.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 1 - GENERAL PROVISIONS › Section 20.2.1.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 27, 1995, unless a later date is cited at the end of
				  a section.
[The latest effective date of any section in this Part is
				  06/01/10.]
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 1 - GENERAL PROVISIONS › Section 20.2.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this Part (20.2.1 NMAC) is to establish
				  general provisions which apply to all Parts of this Chapter (20.2.1 through
				  20.2.99 NMAC).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 1 - GENERAL PROVISIONS › Section 20.2.1.106 - AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. This Part amends and supersedes Air
				Quality Control Regulations (AQCRs):
(1) 110,
				Confidential Information Protection, last filed May 29, 1990;
(2) 701, Procedures for Requesting a Variance
				Hearing, last filed Oct. 7, 1975;
(3) 1001, Sampling Equipment, last filed Jan.
				27, 1970;
(4) 1101, Severability,
				last filed Jan. 27, 1970;
(5) 1201,
				Effective Date, last filed Jan. 27, 1970;
(6) 1301, Conflicts, last filed Jan. 27,
				1970.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 1 - GENERAL PROVISIONS › Section 20.2.1.107 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any provision or application of any Part under Chapter 2
				  of Title 20 is held invalid, the remainder, or its application to other
				  situations or persons, shall not be affected.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 1 - GENERAL PROVISIONS › Section 20.2.1.108 - SAVING CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
Supersession of any Air Quality Control Regulation (AQCR)
				  shall not affect any administrative or judicial enforcement action pending on
				  the effective date of any part under Chapter 2 of Title 20, nor the validity of
				  any permit issued pursuant to any AQCR.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 1 - GENERAL PROVISIONS › Section 20.2.1.109 - CONSTRUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
Any Part under Chapter 2 of Title 20 shall be liberally
				  construed to effectuate the purpose of the Environmental Improvement Act, NMSA
				  1978,
				  74-1-1 et
				  seq. and the Air Quality Control Act, NMSA 1978,
				  74-2-1 et
				  seq.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 1 - GENERAL PROVISIONS › Section 20.2.1.110 - COMPLIANCE WITH OTHER REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Compliance with any Part under Chapter 2 of Title 20 does not
				  relieve a person from the obligation to comply with other applicable state and
				  federal regulations.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 1 - GENERAL PROVISIONS › Section 20.2.1.111 - AVAILABILITY OF MATERIALS INCORPORATED BY REFERENCE

Current through Register Vol. 35, No. 13, July 16, 2024
Materials incorporated by reference into any part under
				  Chapter 2 of Title 20 may be viewed at the state records center or at the New
				  Mexico environment department, air quality bureau.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 1 - GENERAL PROVISIONS › Section 20.2.1.112 - EFFECT OF STAY OR INVALIDATION OF INCORPORATED FEDERAL REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
If a federal court stays, invalidates or otherwise renders
				  unenforceable by the Environmental Protection Agency (EPA), in whole or in
				  part, any federal regulation incorporated by reference in any Part under
				  Chapter 2 of Title 20, such incorporated federal regulation shall be
				  enforceable by the Department only to the extent it is enforceable by
				  EPA.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 1 - GENERAL PROVISIONS › Section 20.2.1.113 - SAMPLING EQUIPMENT

Current through Register Vol. 35, No. 13, July 16, 2024
When directed by the Environment Department, or its
				  designated representative, the necessary openings for sampling equipment shall
				  be provided on stacks or other openings through which emissions are released to
				  the atmosphere.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 1 - GENERAL PROVISIONS › Section 20.2.1.114 - PETITION PROCEDURES FOR REQUESTING A VARIANCE HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Definition: As used in this section
				[part], "petitioner" means a person seeking a variance from a regulation of the
				Environmental Improvement Board or limitation prescribed under the Air Quality
				Control Act pursuant to NMSA 1978, section
				74-2-8.
B. Petition Procedures:
(1) Any person seeking a variance from a
				regulation of the Environmental Improvement Board, or a permit condition
				imposed by the Department, or from the limitations prescribed under the Air
				Quality Control Act pursuant to section
				74-2-8 NMSA
				1978, shall do so by filing a written petition with the Secretary. Petition
				forms may be obtained from the Environment Department.
(2) Petitions shall:
(a) State the petitioner's name and
				address;
(b) State the date of the
				petition;
(c) Describe the facility
				or activity for which the variance is sought;
(d) State the address or description of the
				property upon which the facility is located;
(e) Identify the regulation of the board or
				limitation prescribed under the Air Quality Control Act from which the variance
				is sought;
(f) State in detail the
				extent to which the petitioner wishes to vary from the regulation or
				limitations;
(g) State why the
				petitioner believes the variance is justified; and
(h) State the period of time for which the
				variance is desired.
(3)
				The petitioner may submit with the petition any relevant documents or material
				which the petitioner believes would support the petition.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 1 - GENERAL PROVISIONS › Section 20.2.1.115 - CONFIDENTIAL INFORMATION PROTECTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Definitions: As used in this section:
(1) "Claimant" refers to a person or business
				who makes a claim of confidentiality.
(2) "Confidential business information"
				refers broadly to information that, if made public, would harm a business'
				competitive position. This includes trade secrets and may include data relating
				to the profits and costs of the owner or operator which have not previously
				been released to the public.
(3)
				"Nature and amount of emissions" means information necessary to determine the
				identity, amount, frequency, concentration, or other characteristics (to the
				extent related to air quality) of any air contaminant emission and includes a
				general description of the location and nature of the source.
(4) "Source" or "stationary source" means any
				building, structure, equipment, facility, installation (including temporary
				installations), operation or portable stationary source which emits or may emit
				any air contaminant. Any research facility may group its sources for the
				purpose of this section, at the discretion of the Secretary.
(5) "Trade secret" refers to a secret plan or
				process, tool or mechanism unique to the owner or operator of a
				business.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 1 - GENERAL PROVISIONS › Section 20.2.1.116 - SIGNIFICANT FIGURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				emissions standards are deemed to have at least two significant figures, but
				not more than three significant figures.
B. At least five significant figures shall be
				retained in all intermediate calculations.
C. In calculating emissions to determine
				compliance with an emission standard, the following rounding off procedures
				shall be used:
(1) if the first digit to be
				discarded is less than the number five, the last digit retained shall not be
				changed;
(2) if the first digit
				discarded is greater than the number five, or if it is the number five followed
				by at least one digit other than the number zero, the last figure retained
				shall be increased by one unit; and
(3) if the first digit discarded is exactly
				the number five, followed only by zeros, the last digit retained shall be
				rounded upward if it is an odd number, but no adjustment shall be made if it is
				an even number.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 1 - GENERAL PROVISIONS › Section 20.2.1.117 - ELECTRONIC REPORTING AND PERMIT APPLICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Applicability.
Pursuant to
				the
Cross-Media Electronic Reporting Rule
(CROMERR) as defined
				by Title 40 of the Code of Federal Regulations (CFR) Part 3, and the
Uniform Electronic Transactions Act
, NMSA 1978, Sections
				14-16-1 to -21 (2001 as amended
				through 2013), any submittal to the department required by any part under
				Chapter 2,
Air Quality (Statewide)
, of Title 20,
Environmental Protection
, of the New Mexico administrative
				code, for which the department has notified persons subject to the applicable
				requirement that it is accepting specified electronic documents in lieu of
				paper, shall be submitted electronically, provided that the method of submittal
				complies with applicable federal and state standards for electronic
				submissions. The department may grant a waiver of this requirement on a
				case-by-case basis if requested by the regulated source.
B.
Deadline extension due to computer
				system failure.
(1) If electronic
				submittal capability is in place, but the department's electronic document
				receiving system is temporarily unavailable, then the department may grant a
				deadline extension to the regulated source.
(2) If electronic submittal capability is in
				place, but the regulated source's computer system or its internet service
				provider is temporarily unavailable, then the source may request a deadline
				extension. The department may grant a deadline extension to the regulated
				source.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 2 - DEFINITIONS › Section 20.2.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions of this part shall apply to all New Mexico
				  regulations regarding air quality, and codified as 20.2.3 NMAC through 20.2.99
				  NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 2 - DEFINITIONS › Section 20.2.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The environmental improvement board "shall promulgate
				  regulations and standards in ... air quality management" (NMSA 1978, section
				  74-1-8.A) and "the
				  Environmental Improvement Board... shall adopt... regulations to attain and
				  maintain national ambient air quality standards and prevent or abate air
				  pollution..." (NMSA 1978, section
				  74-2-5.B).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 2 - DEFINITIONS › Section 20.2.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 27, 1995.
[The latest effective date of any section in this Part is
				  08/31/09.]
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 2 - DEFINITIONS › Section 20.2.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To provide specific definitions for terms used and not
				  defined in air quality regulations 20.2.3 NMAC through 20.2.99
				  NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 2 - DEFINITIONS › Section 20.2.2.8 - AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
This part supersedes AQCR 100, originally filed on January
				  23, 1970, and subsequently amended and refiled on May 26, 1971, September 1,
				  1971, September 14, 1973, June 14, 1974, July 15, 1974, February 7, 1983, May
				  26, 1983, August 1, 1988, and May 29, 1990.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 2 - DEFINITIONS › Section 20.2.2.9 - DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Documents cited in this part may be viewed at the New Mexico
				  Environment Department, Air Quality Bureau, Runnels Building, 1190 Saint
				  Francis Drive, Santa Fe, NM 87503 [2048 Galisteo St., Santa Fe, NM
				  87505].
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 3 - AMBIENT AIR QUALITY STANDARDS › Section 20.2.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Environmental Improvement Act, NMSA 1978, section
				  74-1-8(A)(4) and Air Quality Control Act, NMSA 1978, sections
				  74-2-1 et
				  seq., including specifically, section 74-2-5(A) and (B).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 3 - AMBIENT AIR QUALITY STANDARDS › Section 20.2.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 30, 1995.
[The latest effective date of any section in this Part is
				  9/6/06.]
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 3 - AMBIENT AIR QUALITY STANDARDS › Section 20.2.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this Part is to establish ambient air
				  quality standards for the areas of New Mexico under the jurisdiction of the
				  Environmental Improvement Board.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 3 - AMBIENT AIR QUALITY STANDARDS › Section 20.2.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the terms defined in 20.2.2 NMAC
				  (Definitions), as used in this Part: "Part" means an air quality control
				  regulation under Title 20, Chapter 2 of the New Mexico Administrative Code,
				  unless otherwise noted; as adopted or amended by the Board.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 3 - AMBIENT AIR QUALITY STANDARDS › Section 20.2.3.8 - AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
This Part amends and supersedes Air Quality Control
				  Regulations ("AQCR") 200 - Preamble and 201 - Ambient Air Quality Standards
				  last filed January 27, 1970 and June 15, 1981, respectively.
A. All references to AQCR 200 or 201 in any
				other rule shall be construed as a reference to this Part.
B. The amendment and supersession of AQCR 200
				and 201 shall not affect any administrative or judicial enforcement action
				pending on the effective date of such amendment nor the validity of any permit
				issued pursuant to AQCR 200 or 201.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 3 - AMBIENT AIR QUALITY STANDARDS › Section 20.2.3.9 - LIMITATION OF APPLICABILITY TO 20.2.70 NMAC

Current through Register Vol. 35, No. 13, July 16, 2024
The requirements of this part are not applicable requirements
				  under 20.2.70 NMAC, as defined by that part. This section does not limit the
				  applicability of this part to sources required to obtain a permit under 20.2.72
				  NMAC, nor does it limit which terms and conditions of permits issued pursuant
				  to 20.2.72 NMAC are applicable requirements for permits issued pursuant to
				  20.2.70 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 3 - AMBIENT AIR QUALITY STANDARDS › Section 20.2.3.108 - PREAMBLE

Current through Register Vol. 35, No. 13, July 16, 2024
Ambient Air Quality Standards are not intended to provide a
				  sharp dividing line between air of satisfactory quality and air of
				  unsatisfactory quality. They are, however, numbers which represent objectives
				  that will preserve our air resources. It is understood that at certain times,
				  due to unusual meteorological conditions, these standards may be exceeded for
				  short periods of time without the addition of specific pollutants into the
				  atmosphere. The adoption of these statewide ambient air quality standards does
				  not prohibit the promulgation of standards for specific areas, functions, and
				  conditions within the state such as air sheds, municipalities, and certain
				  counties, as authorized under the Act. As scientific data accumulates on the
				  effects of a contaminant, these standards may be revised or additional
				  standards added.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 3 - AMBIENT AIR QUALITY STANDARDS › Section 20.2.3.110 - SULFUR COMPOUNDS

Current through Register Vol. 35, No. 13, July 16, 2024
The maximum allowable concentrations of the following
				  sulfur-containing air contaminants in the ambient air are as follows:
A. Sulfur Dioxide:
(1) For the state except on the area within
				3.5 miles of the Chino Mines Company smelter furnace stack at Hurley:
(a) 24-hour average: 0.10 ppm;
(b) Annual arithmetic average: 0.02
				ppm;
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 3 - AMBIENT AIR QUALITY STANDARDS › Section 20.2.3.111 - OTHER AIR CONTAMINANTS

Current through Register Vol. 35, No. 13, July 16, 2024
The maximum allowable concentrations of the following air
				  contaminants in the ambient air are as follows:
A. Carbon Monoxide:
(1) 8-hour average: 8.7 ppm;
(2) 1-hour average: 13.1 ppm;
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 5 - SOURCE SURVEILLANCE › Section 20.2.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Environmental Improvement Act, NMSA 1978, section 74-1-8(A)
				  (4) and Air Quality Control Act, NMSA 1978, sections
				  74-2-1 et
				  seq., including specifically, section 74-2-5(C) (5).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 5 - SOURCE SURVEILLANCE › Section 20.2.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 30, 1995.
[The latest effective date of any section in this Part is
				  10/31/02.]
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 5 - SOURCE SURVEILLANCE › Section 20.2.5.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the terms defined in 20.2.2 NMAC
				  (Definitions), as used in this Part: "Part" means an air quality control
				  regulation under Title 20, Chapter 2 of the New Mexico Administrative Code,
				  unless otherwise noted; as adopted or amended by the Board.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 5 - SOURCE SURVEILLANCE › Section 20.2.5.8 - AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
This Part amends and supersedes Air Quality Control
				  Regulation 704 - Source Surveillance, filed July 31, 1972, as amended (AQCR
				  704).
A. All references to AQCR 704 in
				any other rule shall be construed as a reference to this Part.
B. The amendment and supersession of AQCR 704
				shall not affect any administrative or judicial enforcement action pending on
				the effective date of such amendment.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 5 - SOURCE SURVEILLANCE › Section 20.2.5.108 - RECORD KEEPING

Current through Register Vol. 35, No. 13, July 16, 2024
The owner or operator of any stationary source of an air
				  contaminant shall, upon notification by the Department, maintain records of the
				  nature and amounts of emissions, to which an air quality control emission
				  regulation applies, from the source and any other information as may be deemed
				  necessary by the Department to determine whether the source is in compliance
				  with applicable regulations.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 5 - SOURCE SURVEILLANCE › Section 20.2.5.109 - DATA SUBMISSION

Current through Register Vol. 35, No. 13, July 16, 2024
The information recorded shall be summarized and reported to
				  the Department, on forms furnished by the Department, and shall be submitted
				  within forty-five days after the end of the reporting period. Reporting periods
				  are November 1 through April 30 and May 1 through October 31 or such other
				  periods as the Department may deem necessary. Information reported to the
				  Department shall be signed by the person responsible for its
				  accuracy.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 5 - SOURCE SURVEILLANCE › Section 20.2.5.110 - PUBLIC ACCESS

Current through Register Vol. 35, No. 13, July 16, 2024
Emission data obtained by the Department shall be correlated
				  with applicable emission limitations and other control measures and be made
				  available to the public during normal business hours.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 7 - EXCESS EMISSIONS › Section 20.2.7.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Environmental Improvement Act, NMSA 1978, section
				  74-1-8(A)(4) and (7), and Air Quality Control Act, NMSA 1978, sections
				  74-2-1 et
				  seq., including specifically, section 74-2-5(A), (B) and (C).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 7 - EXCESS EMISSIONS › Section 20.2.7.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
08/01/08, unless a later date is cited at the end of a
				  section.
[The latest effective date of any section in this part is
				  8/1/2008.]
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 7 - EXCESS EMISSIONS › Section 20.2.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Establish
				requirements for a source whose operation results in an excess
				emission.
B. Establish criteria for
				a source whose operation results in an excess emission to claim an affirmative
				defense in an administrative or judicial enforcement action from a civil
				penalty.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 7 - EXCESS EMISSIONS › Section 20.2.7.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the terms defined in 20.2.2 NMAC
				  (Definitions), as used in this part, the following definitions apply.
A. "Air pollution control equipment" means
				any apparatus, including acid plants, afterburners, baghouses, cyclones,
				electrostatic precipitators, flares, incinerators, and particulate or gaseous
				scrubbers, utilized to control the emission of a regulated air contaminant,
				including a fugitive emission.
B.
				"Air quality regulation or permit condition" means any regulation adopted by
				the board, including a federal new source performance standard adopted by
				reference, or any condition of an air quality permit issued by the department.
				National emission standards for hazardous air pollutants and maximum achievable
				control technology standards are not included in this definition.
C. "Bypass" means the diversion of a
				regulated air contaminant around air pollution control equipment or process
				equipment.
D. "Excess emission"
				means the emission of an air contaminant, including a fugitive emission, in
				excess of the quantity, rate, opacity or concentration specified by an air
				quality regulation or permit condition.
E. "Malfunction" means any sudden and
				unavoidable failure of air pollution control equipment or process equipment
				beyond the control of the owner or operator, including malfunction during
				startup or shutdown. A failure that is caused entirely or in part by poor
				maintenance, careless operation, or any other preventable equipment breakdown
				shall not be considered a malfunction.
F. "Part" means an air quality regulation
				under Title 20, Chapter 2 of the New Mexico Administrative Code.
G. "Regular business day" means any day on
				which state government offices are open for normal business. Saturdays,
				Sundays, and official federal and state holidays are not regular business
				days.
H. "Shutdown" means the
				cessation of operation of any air pollution control equipment or process
				equipment.
I. "Startup" means the
				setting into operation of any air pollution control equipment or process
				equipment.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 7 - EXCESS EMISSIONS › Section 20.2.7.8 - AMENDMENT OR SUPERSESSION OF PRIOR REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
. This part supersedes New Mexico Administrative Code
				  ("NMAC") 20.2.7 -- Excess Emissions During Malfunction, Startup, Shutdown, or
				  Scheduled Maintenance last filed October 30, 1995.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 7 - EXCESS EMISSIONS › Section 20.2.7.10 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any provision of this part, or the application of such
				  provision to any person or circumstance, is held invalid, the remainder of this
				  part, or the application of such provision to any person or circumstance other
				  than those as to which it is held invalid, shall not be affected
				  thereby.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 7 - EXCESS EMISSIONS › Section 20.2.7.12 - SAVINGS CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
. Repeal or supersession of a prior version of this part
				  shall not affect any administrative or judicial action initiated under that
				  prior version.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 7 - EXCESS EMISSIONS › Section 20.2.7.13 - COMPLIANCE WITH OTHER REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Compliance with this part does not relieve a person from the
				  responsibility to comply with any other applicable federal, state, or local
				  statute or regulation.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 7 - EXCESS EMISSIONS › Section 20.2.7.14 - REQUIREMENTS REGARDING ROUTINE OR PREDICTABLE EMISSIONS DURING STARTUP, SHUTDOWN, AND MAINTENANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				owner or operator of a source subject to a permit or to the notification
				requirement under section 15 of this part, shall establish and implement a plan
				to minimize emissions during routine or predictable startup, shutdown, and
				scheduled maintenance through work practice standards and good air pollution
				control practices. This requirement shall not apply to any affected facility
				defined in and subject to an emissions standard and an equivalent plan under 40
				CFR Part 60(NSPS), 40 CFR Part 63(MACT), or an equivalent plan under 20.2.72
				NMAC - Construction Permits, 20.2.70 NMAC - Operating Permits, 20.2.74 NMAC -
				Permits - Prevention of Significant Deterioration (PSD), or 20.2.79 NMAC -
				Permits - Nonattainment Areas.
B.
				The owner or operator shall maintain the plan at the location authorized by the
				permit, at the facility, or at the nearest occupied facility, and provide the
				plan to the department upon written request.
C. This requirement shall become effective
				180 days after the effective date of this part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 7 - EXCESS EMISSIONS › Section 20.2.7.15 - TEMPORARY PROVISIONS FOR ROUTINE OR PREDICTABLE EMISSIONS DURING STARTUP, SHUTDOWN, AND SCHEDULED MAINTENANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. If the inclusion of emissions during
				routine or predictable startup, shutdown, or scheduled maintenance in addition
				to the potential emission rate or potential to emit of a source could exceed an
				applicable emissions limitation, or would cause the source to exceed an
				applicability threshold in 20.2.72 NMAC - Construction Permits, 20.2.70 NMAC -
				Operating Permits, 20.2.74 NMAC - Permits - Prevention of Significant
				Deterioration (PSD), or 20.2.79 NMAC - Permits - Nonattainment Areas, the owner
				or operator shall notify the department in writing no later than 180 days after
				the effective date of this part. The notice shall include a preliminary
				estimate of emissions by pollutant to the extent practicable and identify the
				nature of permitting action likely to be required.
B. The owner or operator shall submit the
				necessary permit application no later than 120 days after receiving a request
				from the department.
C. If a timely
				notice is submitted under Subsection A of 20.2.7.15 NMAC for any excess
				emission during routine or predictable startup, shutdown, or scheduled
				maintenance, the owner or operator shall comply only with Paragraph (2) of
				Subsection A of 20.2.7.110 NMAC - Final Report, until the permit is issued or
				denied.
D. At the request of the
				department, the owner or operator of a source that does not submit a
				notification under Subsection A of 20.2.7.15 NMAC shall submit the basis for
				its determination and supporting analysis.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 7 - EXCESS EMISSIONS › Section 20.2.7.108 - APPLICABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any source:
(1) whose operation results in an emission of
				an air contaminant, including a fugitive emission, in excess of the quantity,
				rate, opacity or concentration specified by an air quality regulation or permit
				condition; or
(2) subject to the
				requirements of 20.2.73 NMAC - Notices of Intent and Emissions Inventory
				Requirements, 20.2.72 NMAC - Construction Permits, 20.2.70 NMAC - Operating
				Permits, 20.2.74 - Permits - Prevention of Significant Deterioration (PSD), or
				20.2.79 - Permits - Nonattainment Areas.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 7 - EXCESS EMISSIONS › Section 20.2.7.109 - OPERATION RESULTING IN AN EXCESS EMISSIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The emission of an air contaminant in excess of the quantity,
				  rate, opacity, or concentration specified in an air quality regulation or
				  permit condition that results in an excess emission is a violation of the air
				  quality regulation or permit condition and may be subject to an enforcement
				  action. The owner or operator of a source having an excess emission shall, to
				  the extent practicable, operate the source, including associated air pollution
				  control equipment, in a manner consistent with good air pollution control
				  practices for minimizing emissions.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 7 - EXCESS EMISSIONS › Section 20.2.7.110 - NOTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The owner or
				operator of a source having an excess emission shall report the following
				information to the department on forms provided by the department. The
				department may authorize the submittal of such reports in electronic format.
(1) Initial report: the owner or operator
				shall file an initial report, no later than the end of the next regular
				business day after the time of discovery of an excess emission that includes
				all available information for each item in Subsection B of 20.2.7.110
				NMAC.
(2) Final report: the owner
				or operator shall file a final report that contains specific and detailed
				information for each item in Subsection B of 20.2.7.110 NMAC, no later than ten
				(10) days after the end of the excess emission.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 7 - EXCESS EMISSIONS › Section 20.2.7.111 - AFFIRMATIVE DEFENSE FOR AN EXCESS EMISSION DURING MALFUNCTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The owner or
				operator of a source subject to this part may claim an affirmative defense for
				an excess emission during malfunction for a civil penalty in an administrative
				or judicial enforcement action, except for an action to enforce a federal new
				source performance standard. There shall be no affirmative defense for an
				excess emission during malfunction for the owner or operator's liability or the
				department's claim for injunctive relief for the excess emission. The owner or
				operator claiming an affirmative defense for an excess emission during
				malfunction shall bear the burden of proof to demonstrate the following
				criteria.
(1) The excess emission was caused
				by a malfunction.
(2) The excess
				emission:
(a) did not stem from any activity
				or event that could have been foreseen and avoided, or planned for;
				and
(b) could not have been avoided
				by better operation and maintenance practices.
(3) To the maximum extent practicable the air
				pollution control equipment or processes were maintained and operated in a
				manner consistent with good practice for minimizing emissions.
(4) Repairs were made in an expeditious
				fashion when the operator knew or should have known that applicable emission
				limitations were being exceeded. Off-shift labor and overtime must have been
				utilized, to the extent practicable, to ensure that such repairs were made as
				expeditiously as practicable.
(5)
				The amount and duration of the excess emission (including any bypass) were
				minimized to the maximum extent practicable during periods of such emissions.
(6) All possible steps were taken
				to minimize the impact of the excess emission on ambient air quality.
(7) All emission monitoring
				systems were kept in operation if at all possible.
(8) The excess emission was not part of a
				recurring pattern indicative of inadequate design, operation, or maintenance.
(9) The owner or operator complied
				with the notification requirements in Section 110 of 20.2.7 NMAC.
(10) The owner or operator's actions in
				response to the excess emission were documented by properly signed,
				contemporaneous operating logs, or other relevant evidence.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 7 - EXCESS EMISSIONS › Section 20.2.7.112 - AFFIRMATIVE DEFENSE FOR AN EXCESS EMISSION DURING STARTUP OR SHUTDOWN

Current through Register Vol. 35, No. 13, July 16, 2024
A. The owner or
				operator of a source subject to this part may claim an affirmative defense for
				an excess emission during startup or shutdown for a civil penalty in an
				administrative or judicial enforcement action, except for an action to enforce
				a federal new source performance standard. There shall be no affirmative
				defense for an excess emission during startup or shutdown for the owner or
				operator's liability or the department's claim for injunctive relief for the
				excess emission. The owner or operator claiming an affirmative defense for an
				excess emission during startup or shutdown shall bear the burden of proof to
				demonstrate the following criteria.
(1) The
				excess emission occurred during a startup or shutdown.
(2) The duration of the excess emission that
				occurred during startup and shutdown was short and could not have been
				prevented through careful planning and design.
(3) The excess emission was not part of a
				recurring pattern indicative of inadequate design, operation, or
				maintenance.
(4) If the excess
				emission was caused by a bypass (an intentional diversion of control
				equipment), then the bypass was unavoidable to prevent loss of life, personal
				injury, or severe property damage.
(5) At all times, the source was operated in
				a manner consistent with good practices for minimizing emissions.
(6) The frequency and duration of operation
				in startup or shutdown mode was minimized to the maximum extent
				practicable.
(7) All possible steps
				were taken to minimize the impact of the excess emission on ambient air
				quality.
(8) All emissions
				monitoring systems were kept in operation if at all possible.
(9) The owner or operator complied with the
				notification requirements in Section 110 of 20.2.7 NMAC.
(10) The owner or operator's actions during
				the period of the excess emission were documented by properly signed,
				contemporaneous operating logs, or other relevant evidence.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 7 - EXCESS EMISSIONS › Section 20.2.7.113 - AFFIRMATIVE DEFENSE FOR AN EMERGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
A. An "emergency" means any situation arising
				from sudden and reasonably unforeseeable events beyond the control of the
				permittee, including acts of God, which situation requires immediate corrective
				action to restore normal operation, and that causes the source to exceed a
				technology-based emission limitation due to unavoidable increases in emissions
				attributable to the emergency. An emergency shall not include noncompliance to
				the extent caused by improperly designed equipment, lack of preventive
				maintenance, or careless or improper operation.
B. An emergency constitutes an affirmative
				defense to an action brought for noncompliance with the technology-based
				emission limitation if the owner or operator of the source demonstrates through
				properly signed, contemporaneous operating logs, or other relevant evidence
				that:
(1) an emergency occurred and that the
				owner or operator can identify the cause(s) of the emergency;
(2) the source was at the time being properly
				operated;
(3) during the period of
				the emergency the owner or operator took all reasonable steps to minimize
				levels of emissions that exceeded the technology-based emission limitation;
				and
(4) the owner or operator
				fulfilled the notification requirements under Subsection A of 20.2.7.110 NMAC,
				including a description of the emergency, any steps taken to mitigate
				emissions, and corrective actions taken.