reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 21 - OPEN BURNING › Section 20.11.21.14 - CONDITIONALLY ALLOWED OPEN BURNING NOT REQUIRING A PERMIT FROM THE ENVIRONMENTAL HEALTH DEPARTMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Open burning is allowed for the purposes set forth in Table
				  II if: 1. the burn complies with the time requirements specified in Table II;
				  and 2. prior to burning, the person planning to conduct open burning obtains
				  all permits and complies with all restrictions required by the Bernalillo
				  county fire department and the Albuquerque fire department, as applicable (e.g.
				  25 feet from any structure; pile size no greater than three feet in diameter
				  and two feet high; no offensive or objectionable smoke or odor emissions;
				  atmospheric conditions or local circumstances that make such fires hazardous,
				  etc.).
Table II
CONDITIONALLY ALLOWED OPEN BURNING
Type of Burning
Time Restrictions
1. Cooking food.
No limit on time of day
2. Recreational or ceremonial bonfires.
3. Dead and dry weed removal on private residential,
						  commercial or industrial property, and hot torch weed control on private
						  residential property.
11 AM to 3 PM October through March 6 AM to 5 PM April
						  through September
4. Small-scale fire extinguisher training (fewer than 50
						  participants).
No limit on time of day
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 21 - OPEN BURNING › Section 20.11.21.15 - SMOKE MANAGEMENT; PRESCRIBED BURNS; WILDLAND FIRE USE;WILDFIRES UNDER SUPRESSION

Current through Register Vol. 35, No. 13, July 16, 2024
20.11.21.15 NMAC applies to all persons who
				intend to use prescribed fire to burn more than 10 acres or more than 1,000
				cubic feet of pile volume of vegetative material per day. Specified portions of
				20.11.21.15 NMAC also apply to the land manager or owner of property on which a
				wildfire occurs.
A. Materials allowed to be
				burned: Only vegetative material shall be burned, with the following
				exceptions:
(1) auxiliary fuel or incendiary
				devices may be used to start the burning authorized by 20.11.21.15 NMAC,
				provided that:
(a) no oil heavier than No. 2
				diesel shall be used; and
(b) no
				more than the minimum amount of auxiliary fuel necessary to start the fire
				shall be used.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 21 - OPEN BURNING › Section 20.11.21.16 - CALCULATION OF PM10 EMISSIONS FOR PRESCRIBED BURNS

Current through Register Vol. 35, No. 13, July 16, 2024
To determine whether a prescribed burn has the potential to
				  produce more than one ton of PM10 emissions per day, use
				  the emission factors listed below (adapted from AP-42) or any alternative
				  method approved in writing by the department.
A. To calculate the quantity of
				PM10 emissions in tons generated by a prescribed burn
				project or a wildfire, multiply the number of acres estimated to be burned:
(1) by 0.04348 tons per acre for forest;
				and
(2) by 0.02941 tons per acre
				for shrub land; and
(3) by 0.01
				tons per acre for grass land; and
(4) by 0.01538 tons per acre for field
				crops.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 21 - OPEN BURNING › Section 20.11.21.17 - DETERMINATION OF VENTILATION INDEX CATEGORY

Current through Register Vol. 35, No. 13, July 16, 2024
A. PB-I and PB-II prescribed burns are
				allowed to be ignited only with a ventilation index category rated "good" or
				better, unless a waiver has been granted by the department. The ventilation
				index category may be obtained by contacting the department, or the burner may
				make the determination by calculating and documenting the ventilation index
				category using the following methodology:
(1)
				using a computer with internet access, enter the national weather fire forecast
				website at
http://www.srh.noaa.gov/abq/?n=forecasts-fireweather
or successor universal resource locater (URL) internet address;
(2) select the appropriate zone for the
				location of the burn project within the New Mexico map showing the various
				zones;
(3) examine the forecast and
				find the reference elevation to be used to determine the general ventilation
				index category for the Bernalillo county zone (e.g., Albuquerque - 5,300 feet
				above mean sea level or Mountainair - 6,500 feet above mean sea
				level);
(4) record the mixing
				height for "today" or "tomorrow" as appropriate;
(5) calculate the mixing height at the burn
				location by adding the forecasted mixing height and the reference elevation
				obtained above. From the sum of these two items, subtract the elevation of the
				burn location; and
(6) calculate
				the ventilation index for the prescribed burn by multiplying the mixing height
				at the burn location by the average forecasted transport wind speed.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 21 - OPEN BURNING › Section 20.11.21.18 - ALTERNATIVES TO BURNING

Current through Register Vol. 35, No. 13, July 16, 2024
As required by Subsection C of
				  20.11.21.15
				  NMAC, burners engaged in PB-II prescribed burns are required to consider the
				  use of alternatives to burning, which include department-approved alternatives,
				  as well as those listed in 20.11.21.18 NMAC. An effort will be made by the
				  department to remove administrative barriers to the utilization of alternatives
				  to burning.
A. Manual/handwork -
				Handwork involves picking up and moving limbs and brush, as well as cutting
				downed and standing materials using hand tools or chainsaws. Manual work
				involves lifting, cutting, and carrying forest materials, and is generally
				limited to materials of roughly nine inches or less in diameter. Larger
				materials can be handled, but efficiency, production rate and safety decrease
				rapidly as size increases. If the fuels requiring treatment exceed the
				nine-inch-diameter threshold, handwork is not a good option.
(1) Cut and scatter - Hand crews cut and
				scatter material to change the vertical and horizontal continuity of the fuel
				load. This technique increases the surface fuel load by redistributing ladder
				fuels onto the ground surface. It is appropriate where stand density is
				generally low and existing surface fuels are shallow.
(2) Pile - Cut material is piled,
				redistributing the fuel load rather than reducing it. Piling can be used in
				denser stand conditions than scattering can, because the piles can be situated
				to avoid fuel-loading problems. Drawbacks to piling include: slower
				decomposition than when scattered, labor intensive and dense stand conditions
				can result in a high number of piles.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 21 - OPEN BURNING › Section 20.11.21.19 - EMISSIONS REDUCTION TECHNIQUES

Current through Register Vol. 35, No. 13, July 16, 2024
Emissions reductions techniques (ERTs) are control strategies
				  that help reduce smoke from prescribed fires. ERTs are used in conjunction with
				  fire and do not replace fire. In addition to department-approved ERTs, other
				  ERTs are included below.
A. Reducing
				the area burned.
(1) Burn concentrations -
				Sometimes concentrations of fuels can be burned rather than using fire on 100
				percent of an area requiring treatment. The fuel loading of the areas burned
				using this technique tends to be high.
(2) Isolate fuels - Large logs, snags, deep
				pockets of duff, sawdust piles, squirrel middens or other fuel concentrations
				that have the potential to smolder for long periods of time can be isolated
				from burning. Eliminating these fuels from burning is often faster, safer and
				less costly than mop-up, and allows targeted fuels to remain following the
				prescribed burn. This can be accomplished by several techniques including:
(a) constructing a fireline around fuels of
				concern;
(b) not lighting
				individual or concentrated fuels;
(c) using natural barriers or snow;
(d) scattering the fuels; and
(e) spraying with foam or other fire
				retardant material.
(3)
				Mosaic burning - Landscapes often contain a variety of fuel types that are
				noncontinuous and vary in fuel moisture content. Prescribed fire prescriptions
				and lighting patterns can be assigned to use this fuel and fuel moisture
				non-homogeneity to mimic natural wildfire and create patches of burned and
				non-burned areas or burn only selected fuels. Areas or fuels that do not burn
				do not contribute to emissions.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 21 - OPEN BURNING › Section 20.11.21.20 - AMBIENT AIR QUALITY STANDARD EXCEEDENCE

Current through Register Vol. 35, No. 13, July 16, 2024
The director shall have the authority to suspend any open
				  burning allowed under 20.11.21 NMAC in the event of ongoing or projected
				  violations of the federal, state, or local ambient air quality
				  standards.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 21 - OPEN BURNING › Section 20.11.21.21 - REVIEW MEETING, HEARING ON THE MERITS REGARDING PERMIT APPLICATIONS AND PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. If a
				permit applicant is adversely affected by or disagrees with the division's
				proposed decision regarding the applicant's permit application, the applicant
				may request an informal review meeting to discuss the division's proposed
				decision. The request shall be in writing or on a form obtained from the
				division. Within 15 working days of the applicant receiving the proposed
				decision, the applicant shall deliver the request to the director and the
				division manager. Unless a timely request for an informal review meeting is
				received by the director, the division's proposed decision regarding the permit
				application shall be final. Within 10 working days after receiving the request,
				the director shall hold an informal review meeting with the applicant and a
				division representative (e.g., division manager or the person issuing the
				proposed decision regarding the permit application) in an attempt to resolve
				disagreements. Within two working days after the informal review meeting, the
				division representative shall issue a final decision regarding the permit
				application. If the permit applicant or permittee is adversely affected by the
				final decision made by the division representative, the permit applicant or
				permittee may follow the procedures described in Subsection B of 20.11.21.21
				NMAC.
B. A person adversely
				affected by the decision of the division regarding a permit application or
				permit ("petitioner") may file a petition for a hearing on the merits before
				the board as provided by 20.11.81 NMAC,
Adjudicatory Procedures -
				AQCB
. Unless a timely petition for a hearing on the merits is received
				by the director, the decision of the division regarding the permit application
				or permit shall be final.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 22 - WOODBURNING › Section 20.11.22.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Albuquerque/ Bernalillo County Air Quality Control Board.
				  P.O. Box 1293, Albuquerque, NM 87103. Telephone: (505)
				  768-2600.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 22 - WOODBURNING › Section 20.11.22.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This Part is applicable to woodburning sources within
				  Bernalillo County.
A. Exempt: This
				Part does not apply to sources within Bernalillo County, which are located on
				Indian lands over which the Albuquerque/Bernalillo County Air Quality Control
				lacks jurisdiction.
B. Case-by-Case
				Exceptions: The following exemptions may be granted by the Director.
(1) A sole source exemption if the Director
				determines that a solid fuel heating device is the sole source of heat for the
				building in which it is situated. New sole source exemptions shall not be
				issued after December 31, 1990 unless approved in writing by the Director for
				good cause. Sole source exemptions issued prior to December 31, 1990 may be
				renewed annually.
(2) A temporary
				exemption for a specified period in the event of failure of the oil, natural
				gas, electricity or propane heating system.
(3) An economic or health exemption for
				economic or health reasons if the Director determines that the applicant
				qualifies for financial assistance according to the economic guidelines
				established under the Food Stamps, Medicaid or low income energy assistance
				programs as administered by the Income Support Division of the New Mexico Human
				Services Department, or equivalent program, as determined by the Director, or
				if the Director determines that failure to grant an exemption would endanger
				the health of the applicant.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 22 - WOODBURNING › Section 20.11.22.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This Part is adopted pursuant to the authority provided in
				  the New Mexico Air Quality Control Act, NMSA 1978 Sections
				  74-2-4,
				  74-2-5.C;
				  the Joint Air Quality Control Board Ordinance, Bernalillo County Ordinance 94-5
				  Section 4; and the Joint Air Quality Control Board Ordinance, Revised
				  Ordinances of Albuquerque 1994 Section 9-5-1 -4.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 22 - WOODBURNING › Section 20.11.22.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 1, 1995, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 22 - WOODBURNING › Section 0.11.22.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this Part is to reduce the levels of carbon
				  monoxide and particulate matter in the ambient air during atmospheric
				  conditions that the Director concludes may not adequately disperse wood smoke,
				  and to minimize the adverse health effects and nuisance effects that result
				  from woodburning.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 22 - WOODBURNING › Section 20.11.22.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the definitions in Section 20.11.22.7 NMAC the
				  definition in 20.11.1 NMAC apply unless there is a conflict between
				  definitions, in which case the definition in this Part shall govern.
A. "Burn Down" means that period of time, not
				to exceed three (3) hours, after a no-burn period is announced by the Director,
				within which period a person operating a solid fuel heating device must cease
				combustion within any solid fuel heating device by withholding fuel or
				modifying the air-to-fuel ratio.
B.
				"Inappropriate Fuel" includes but is not limited to: leaves, grass clippings,
				green plants, refuse, paper, rubbish, books, magazines, fiberboard, packaging,
				rags, fabrics, animal waste, waste oil, liquid or gelatinous hydrocarbons, tar,
				paints and solvents, chemically soaked wood, wood with a moisture content or
				greater that 30%, plastic or rubber, office records, sensitive or classified
				wastes, or other materials which are difficult to burn without producing vast
				amounts of noxious and toxic fumes or dense smoke.
C. "New Wood Heater" means:
(1) a wood heater that is sold at retail; is
				obtained as a result of a bargain or exchange; or is new and is given away for
				the first time by the manufacturer, the manufacturer's dealer or agency, or a
				retailer; and
(2) a wood heater
				which has not been used to an extent which as resulted in the heater being
				considered "used" or "second hand" within the ordinary meaning of those
				terms.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 22 - WOODBURNING › Section 20.11.22.9 - SAVINGS CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
Any amendment to 20.11.22 NMAC, which is filed, with the
				  State Records Center shall not affect actions pending for violation of a City
				  or County ordinance, or Board Regulation 34, or 20.11.22 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 22 - WOODBURNING › Section 20.11.22.10 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any section, paragraph, sentence, clause, or word of this
				  Part or any federal standards incorporated herein is for any reason held to be
				  unconstitutional or otherwise invalid by any court, the decision shall not
				  affect the validity of remaining provisions of this Part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 22 - WOODBURNING › Section 20.11.22.11 - DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Documents incorporated and cited in this Part may be viewed
				  at the Albuquerque Environmental Health Department, 400 Marquette NW,
				  Albuquerque, NM.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 22 - WOODBURNING › Section 20.11.22.12 - SALE OF NEW WOOD HEATERS - CERTIFICATION REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
No person shall sell, offer for sale, advertise for sale or
				  barter for, exchange or give away any new wood heater unless the wood heater
				  has been emission certified and labeled in accordance with 40 CFR Part 60.530
				  through 60.539b.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 22 - WOODBURNING › Section 20.11.22.13 - NO-BURN PERIODS

Current through Register Vol. 35, No. 13, July 16, 2024
From October 1 through February 28, following a burn down
				  period, no person with authority or power to control the operation of a solid
				  fuel heating device shall allow the operation of a solid fuel heating device
				  within the wood smoke impacted area during a no-burn period which as declared
				  by the Director unless an exemption has been obtained or unless the device is a
				  wood heater that has been emission certified by the EPA. No-burn periods shall
				  be declared by the Director upon review of available meteorological data and a
				  determination that expected atmospheric conditions will not adequately disperse
				  wood smoke.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 22 - WOODBURNING › Section 20.11.22.14 - NOTICE REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
Notice of no-burn periods shall be sufficient if published in
				  a newspaper of general circulation within Bernalillo County, or if presented
				  orally at least three (3) times during a six (6) hour period by at least two
				  (2) radio or television stations operating within Bernalillo County, or if
				  presented to the general public in the form of a recorded telephone message,
				  the telephone number for which is published in the telephone directory or
				  newspaper of general circulation within Bernalillo County.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 22 - WOODBURNING › Section 20.11.22.15 - VISIBLE EMISSION LIMITATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Certified wood heaters may be operated
				during a no-burn period provided that no visible emissions are produced after a
				twenty (20) minute period following start up or refueling. To determine
				compliance with this standard, the Director shall observe the point at which
				the certified wood heater releases emissions into the ambient air. If the
				emission point is producing any visible emissions twenty (20) minutes or longer
				after the initial observation, a violation of this Part has occurred.
B. During a period in which the Director has
				not declared a no-burn, no person shall operate a solid fuel heating device in
				a manner which produces emission into the atmosphere if the emissions exceed 30
				% opacity twenty (20) minutes or longer after ignition or refueling of the
				solid fuel burning device. Visible emission opacity shall be determined by an
				observer certified by the Director. To determine opacity the observer shall:
(1) Use the standard visual method listed in
				40 CFR 60, Appendix A, Method 9; or
(2) Use equipment approved by the Director
				and the EPA if, under the circumstances, the Director and the EPA determines
				the equipment is as accurate as, or is more accurate than use of the Method 9
				procedure.
(3) If condensed water
				vapor is visible in an exhaust plume, the opacity assessment shall be made at a
				point consistent with the procedure stipulated in 40 CFR 60, Appendix A, Method
				9.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 22 - WOODBURNING › Section 20.11.22.16 - MISFUELING OF SOLID FUEL HEATING DEVICES PROHIBITED

Current through Register Vol. 35, No. 13, July 16, 2024
A. No person shall use a fuel in a solid fuel
				heating device unless the fuel is a fuel recommended by the solid fuel heating
				device manufacturer. The person using the solid fuel heating device shall
				comply with all the manufacturers' installation and operation instructions;
				failure to do so is a violation of this Part.
B. No person shall burn inappropriate fuel in
				a solid fuel heating device.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 23 - STRATOSPHERIC OZONE PROTECTION › Section 20.11.23.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Albuquerque/Bernalillo County Air Quality Control Board. P.O.
				  Box 1293, Albuquerque, NM 87103. Telephone: (505) 768-2600.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 23 - STRATOSPHERIC OZONE PROTECTION › Section 20.11.23.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
A. This Part is
				applicable to persons engaged in the sale, servicing, or wrecking of automotive
				air conditioning systems, or automotive air conditioning refrigerants.
B Exempt: This Part does not apply
				to sources within Bernalillo County, which are located on Indian lands over
				which the Albuquerque/Bernalillo County Air Quality Control lacks
				jurisdiction.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 23 - STRATOSPHERIC OZONE PROTECTION › Section 20.11.23.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This Part is adopted pursuant to the authority provided in
				  the New Mexico Air Quality Control Act, NMSA 1978 Sections
				  74-2-4,
				  74-2-5.C;
				  the Joint Air Quality Control Board Ordinance, Bernalillo County Ordinance 94-5
				  Section 4; and the Joint Air Quality Control Board Ordinance, Revised
				  Ordinances of Albuquerque 1994 Section 9-5-1 -4.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 23 - STRATOSPHERIC OZONE PROTECTION › Section 20.11.23.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 1, 1995, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 23 - STRATOSPHERIC OZONE PROTECTION › Section 20.11.23.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this Part is to prevent or reduce
				  deterioration of the stratospheric ozone layer.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 23 - STRATOSPHERIC OZONE PROTECTION › Section 20.11.23.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the definitions in Section 20.11.23.7 NMAC the
				  definitions in 20.11.1 NMAC apply unless there is a conflict between
				  definitions, in which case the definition in this Part shall govern.
A. "Approved Motor Vehicle Refrigerant
				Recycling or Recovery Equipment" means equipment models that have been
				certified to meet the Society of Automotive Engineers (SAE) standard for the
				extraction and reclamation of refrigerant from motor vehicle air conditioners
				(SAE standard J-1990) or other equipment as approved by the Director.
B. "Chlorofluorocarbons or CFCs" means the
				family of substances containing carbon, fluorine and chlorine, and having no
				hydrogen atoms and no double bonds. This includes but is not limited to the
				Freon used in air conditioning and refrigeration units.
C. "Refrigeration Unit" means automotive air
				conditioners and refrigerators and freezers, including both those intended to
				be household appliances and those, which are commercial and industrial
				models.
D. "Wrecker of Vehicles"
				means any person actively engaged in the business of acquiring vehicles,
				required to be registered under Motor Vehicle Code, Articles 1 through 8 of
				Chapter 66 NMSA 1978, for the purpose of dismantling such vehicles as scrap
				material or the resale of reclaimable parts.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 23 - STRATOSPHERIC OZONE PROTECTION › Section 20.11.23.9 - SAVINGS CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
Any amendment to 20.11.23 NMAC, which is filed, with the
				  State Records Center shall not affect actions pending for violation of a City
				  or County ordinance, Air Quality Control Board Regulation 37, or 20.11.23 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 23 - STRATOSPHERIC OZONE PROTECTION › Section 20.11.23.10 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any section, paragraph, sentence, clause, or word of this
				  Part or any federal standards incorporated herein is for any reason held to be
				  unconstitutional or otherwise invalid by any court, the decision shall not
				  affect the validity of remaining provisions of this Part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 23 - STRATOSPHERIC OZONE PROTECTION › Section 20.11.23.11 - DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Documents incorporated and cited in this Part may be viewed
				  at the Albuquerque Environmental Health Department, 400 Marquette NW,
				  Albuquerque, NM.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 23 - STRATOSPHERIC OZONE PROTECTION › Section 20.11.23.12 - AUTOMOTIVE AIR CONDITIONING REFRIGERANTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. No person shall sell, offer for sale, or
				advertise for sale CFCs that can be used as a refrigerant in an automotive air
				conditioning system to any person who does not possess and provide evidence of
				having approved motor vehicle refrigerant recycling or recovery
				equipment.
B. No person shall
				repair, service, or attempt to repair or service automotive air conditioning
				systems unless approved motor vehicle refrigerant recycling or recovery
				equipment is used.
C. Wreckers of
				vehicles shall not allow CFC emissions to the ambient air and must use approved
				motor vehicle refrigerant recycling or recovery equipment prior to vehicle
				demolition.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 39 - PERMIT WAIVERS AND AIR QUALITY NOTIFICATIONS FOR CERTAIN SOURCE CATEGORIES › Section 20.11.39.1 - 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 39 - PERMIT WAIVERS AND AIR QUALITY NOTIFICATIONS FOR CERTAIN SOURCE CATEGORIES › Section 20.11.39.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Applicability:
20.11.39 NMAC applies to the following stationary
				source categories in the city of Albuquerque and Bernalillo county.
(1) Emergency stationary reciprocating
				internal combustion engines (ES-RICE) as defined in 20.11.39.7 NMAC, except as
				otherwise provided in this Part.
(2) Gasoline dispensing facilities (GDF) as
				defined in 20.11.39.7 NMAC, except as otherwise provided in this
				Part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 39 - PERMIT WAIVERS AND AIR QUALITY NOTIFICATIONS FOR CERTAIN SOURCE CATEGORIES › Section 20.11.39.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
20.11.39 NMAC is adopted pursuant to the authority provided
				  in the New Mexico Air Quality Control Act, NMSA 1978 Sections
				  74-2-5,
				  74-2-5.1,
				  74-2-6
				  and
				  74-2-7;
				  the Joint Air Quality Control Board Ordinance, Revised Ordinances of
				  Albuquerque 1994, Sections 9-5-1 -4, 9-5-1-5, 9-5-1-6 and 9-5-1-7; and the
				  Joint Air Quality Control Board Ordinance, Bernalillo County Code, Article II,
				  Sections 30-33, 30-34, 30-35 and 30-36.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 39 - PERMIT WAIVERS AND AIR QUALITY NOTIFICATIONS FOR CERTAIN SOURCE CATEGORIES › Section 20.11.39.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Permanent.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 39 - PERMIT WAIVERS AND AIR QUALITY NOTIFICATIONS FOR CERTAIN SOURCE CATEGORIES › Section 20.11.39.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 21, 2017, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 39 - PERMIT WAIVERS AND AIR QUALITY NOTIFICATIONS FOR CERTAIN SOURCE CATEGORIES › Section 20.11.39.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. To provide a
				procedure by which certain sources may qualify for waivers of source
				registration requirements pursuant to 20.11.40 NMAC or construction permit
				requirements pursuant to 20.11.41 NMAC;
B. To establish an alternative regulatory
				mechanism, other than those provided in 20.11.40 NMAC and 20.11.41 NMAC, by
				which to require some sources in certain source categories to comply with
				applicable air quality standards and regulations; and,
C. To authorize the department to issue Air
				Quality Notifications (AQN) for sources in certain source categories.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 39 - PERMIT WAIVERS AND AIR QUALITY NOTIFICATIONS FOR CERTAIN SOURCE CATEGORIES › Section 20.11.39.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The definitions in 20.11.1 NMAC apply unless there is a
				  conflict between definitions, in which case the definition in 20.11.39 NMAC
				  shall govern. Definitions provided in the applicable federal standards
				  referenced below shall apply to source categories subject to those federal
				  standards which are incorporated by reference into board regulations.
A.
"Air quality notification" or
				"AQN"
means a document issued by the department to the owner or operator
				of a source in a source category to which this Part applies to require that
				source to comply with applicable regulatory requirements.
B.
"Emergency stationary RICE" or
				"ES-RICE"
means stationary reciprocating internal combustion engines
				that serve solely as a secondary source of mechanical or electrical power
				during the loss of commercial power and which meet one of the following
				criteria:
(1) emergency stationary
				reciprocating internal combustion engines not subject to 40 CFR Part 60,
				Subpart IIII, Standards of Performance for Stationary Compression Ignition
				Internal Combustion Engines, 40 CFR Part 60, Subpart JJJJ, Standards of
				Performance for Stationary Spark Ignition Internal Combustion Engines or 40 CFR
				Part 63, Subpart ZZZZ, National Emissions Standards for Hazardous Air
				Pollutants for Stationary Reciprocating Internal Combustion Engines, which emit
				more than 2,000 pounds per year of any regulated air contaminant and which
				would otherwise be subject to 20.11.40 NMAC, Source Registration or 20.11.41
				NMAC, Construction Permits;
(2)
				compression ignition emergency stationary internal combustion engines as
				defined in 40 CFR Part 60, Subpart IIII which are subject to that
				regulation;
(3) spark ignition
				emergency stationary internal combustion engines as defined in 40 CFR Part 60,
				Subpart JJJJ which are subject to that regulation; or
(4) emergency stationary reciprocating
				internal combustion engines as defined in 40 CFR Part 63, Subpart ZZZZ which
				are subject to that regulation.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 39 - PERMIT WAIVERS AND AIR QUALITY NOTIFICATIONS FOR CERTAIN SOURCE CATEGORIES › Section 20.11.39.8 - VARIANCES

Current through Register Vol. 35, No. 13, July 16, 2024
A person may request a variance from 20.11.39 NMAC, in
				  accordance with the procedures in 20.11.7 NMAC, Variance Procedure, except that
				  no variances shall be granted from any applicable federal
				  requirement.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 39 - PERMIT WAIVERS AND AIR QUALITY NOTIFICATIONS FOR CERTAIN SOURCE CATEGORIES › Section 20.11.39.9 - SAVINGS CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
Any amendment to 20.11.39 NMAC that is filed with the state
				  records center and archives shall not affect actions pending for violation of
				  the state act, a city or county ordinance, a prior version of 20.11.39 NMAC,
				  another board regulation or a permit issued by the department. Prosecution for
				  a violation under prior regulation wording shall be governed and prosecuted
				  under the statute, ordinance or regulation in effect at the time the violation
				  was committed.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 39 - PERMIT WAIVERS AND AIR QUALITY NOTIFICATIONS FOR CERTAIN SOURCE CATEGORIES › Section 20.11.39.10 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If for any reason any section, paragraph, sentence, clause,
				  wording or application of 20.11.39 NMAC or any federal or New Mexico standards
				  incorporated herein is held unconstitutional or otherwise invalid by any court
				  or the United States environmental protection agency, the decision shall not
				  affect the validity or application of the remaining provisions of 20.11.39
				  NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 39 - PERMIT WAIVERS AND AIR QUALITY NOTIFICATIONS FOR CERTAIN SOURCE CATEGORIES › Section 20.11.39.11 - DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Documents incorporated and cited in 20.11.39 NMAC may be
				  viewed at the Albuquerque Environmental Health Department, 400 Marquette NW,
				  Albuquerque, NM, 87102. Information on internet access to these documents may
				  be obtained by contacting the department at (505) 768-2601.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 39 - PERMIT WAIVERS AND AIR QUALITY NOTIFICATIONS FOR CERTAIN SOURCE CATEGORIES › Section 20.11.39.12 - PERMIT WAIVERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Part 39
				sources qualify for waivers from construction permit requirements pursuant to
				20.11.41 NMAC. Owners and operators of Part 39 sources shall apply for an AQN
				rather than a construction permit when submitting an application to the
				department. If an owner or operator of a source establishes that it is a Part
				39 source and demonstrates that the owner or operator will comply with all
				applicable regulations set out in Section 13 of this Part, the department shall
				waive compliance from further source registration or construction permitting
				requirements pursuant to 20.11.40 or 20.11.41 NMAC. This Part shall not waive
				any permit requirements for sources which are not ES-RICE or GDF.
B. Except as noted in Subsection C of
				20.11.39.15 NMAC, no public notice is required if the department waives further
				permitting requirements for a Part 39 source. No department hearing shall be
				held for a Part 39 source.
C. The
				department's issuance of an AQN is not a permitting action and is not subject
				to petition to the Albuquerque-Bernalillo county air quality control board
				pursuant to Section 7 of the Air Quality Control Act, ROA Section 9-5-1 -7 or
				Bernalillo County Ordinance Section 30-36.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 39 - PERMIT WAIVERS AND AIR QUALITY NOTIFICATIONS FOR CERTAIN SOURCE CATEGORIES › Section 20.11.39.14 - AIR QUALITY NOTIFICATION APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
Each owner or operator of a Part 39 source shall apply for
				  an AQN with the department in compliance with the requirements of this
				  section.
A. A person applying to the
				department for an AQN shall submit a completed application provided by the
				department. The department shall reject any incomplete application for an
				AQN.
B. The following information
				is required for the department to determine that an application for an AQN is
				complete:
(1) the name, street address and
				post office address, if any, of the owner and any operators of the
				source;
(2) the name, street
				addresses and post office addresses, if any, of the applicant, if different
				from the owner or operators;
(3)
				sufficient attachments, including calculations, computations and all other
				analyses used by the applicant to provide information to describe the potential
				emission rate and nature of all regulated air contaminants that the source may
				emit and control measures used to comply with all applicable federal
				standards;
(4) for GDFs:
(a) the anticipated annual gasoline
				throughput;
(b) the total number of
				refueling positions;
(c) for each
				refueling position, identify whether it dispenses gasoline only, diesel only,
				both, or is for heavy duty truck diesel refueling;
(5) for ES-RICE,a statement that the engine
				will only be used for emergency purposes, other than as allowed by applicable
				regulations;
(6) any other relevant
				information that the department may reasonably require;
(7) the signature of the applicant, with the
				date it was signed, certifying that the information represented in the
				application and attachments, if any, is true, accurate and complete and that
				the owner and all operators will comply with all applicable requirements in
				board regulations for that source category; and
(8) a check, money order or other approved
				means of payment for the appropriate application fee required by 20.11.39.19
				NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 39 - PERMIT WAIVERS AND AIR QUALITY NOTIFICATIONS FOR CERTAIN SOURCE CATEGORIES › Section 20.11.39.15 - AQN APPLICATION REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
Upon the receipt of any application for an AQN, the
				  department shall review the application as follows.
A. Within 45 days after the department has
				received a complete application for an AQN as required by 20.11.39.14 NMAC, the
				department shall issue or deny the AQN. If the AQN is issued, the department
				shall send a copy of the AQN to the applicant by electronic mail, or such other
				means as may be necessary. If the AQN is denied, the department shall send a
				notice of denial to the applicant by electronic mail, or such other means as
				may be necessary.
B. If the
				department determines that the application for the AQN is incomplete, that Part
				39 does not authorize the source to receive an AQN, or that some other action
				is necessary, up to and including denial of an AQN, the department shall inform
				the applicant by electronic mail, or such other means as may be
				necessary.
C. On the first business
				day of each month, the department shall publish on its website a list of all
				AQNs issued within the previous month; including the name and location of each
				AQN issued. The department shall publish a current list of all active AQNs on
				its website quarterly. The department website shall prominently display
				information enabling members of the public to contact the department in regard
				to any AQN issued.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 39 - PERMIT WAIVERS AND AIR QUALITY NOTIFICATIONS FOR CERTAIN SOURCE CATEGORIES › Section 20.11.39.16 - TRANSFER OF PRIOR AUTHORIZATIONS TO AQNS

Current through Register Vol. 35, No. 13, July 16, 2024
Prior authorizations shall remain in force, unless an owner
				  or operator satisfies Subsection A or B.
A. The owner or operator of a prior
				authorization applies for a transfer to an AQN by submitting an AQN
				application.
B. The owner or
				operator submits a change in the information in a prior authorization, e.g., an
				application for an administrative permit revision, an application for a
				technical permit revision, or an application for a permit
				modification.
C. The department
				shall process transfer of a prior authorization to an AQN as set forth below.
(1) The department shall review the
				application within 30 days of receipt. If the application is complete and if
				the source is a Part 39 source which would have been eligible to receive an AQN
				had AQNs been available when the prior authorization was issued, the department
				shall issue an AQN and cancel the previous prior authorization. The department
				shall send a copy of the AQN by electronic mail, or such other means as may be
				necessary. The department shall retain the original of the AQN.
(2) If the department determines that the
				application is incomplete, or some other action is necessary, the department
				shall inform the owner or operator of a prior authorization by electronic mail,
				or such other means as may be necessary.
(3) Upon being issued an AQN, the owner or
				operator shall comply with all requirements of Part 39 and the AQN.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 39 - PERMIT WAIVERS AND AIR QUALITY NOTIFICATIONS FOR CERTAIN SOURCE CATEGORIES › Section 20.11.39.17 - COMPLIANCE AND ENFORCEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				owners or operators of Part 39 sources within Albuquerque-Bernalillo county
				shall comply with the requirements in 20.11.39 NMAC, whether set forth in their
				AQN or not.
B. The department
				issues AQNs relying on the accuracy and completeness of information provided in
				the application. Inaccurate or incomplete information in an application is a
				violation of 20.11.39 NMAC.
C. Any
				knowing and willful false statement in an AQN application is a violation of
				20.11.39 NMAC.
D. An ES-RICE which
				has been issued an AQN pursuant to Paragraph (2) of Subpart B of 20.11.39.7
				NMAC shall be operated for emergency use only or as necessary for exercising or
				maintenance of the engine.
E. The
				director may issue a compliance order requiring compliance and assessing a
				civil penalty not to exceed $15,000.00 per day of noncompliance for any
				violation of any applicable board regulations by a Part 39 source. The director
				may also commence a civil action in district court for appropriate relief,
				including a temporary and permanent injunction.
F. The department may conduct scheduled and
				unscheduled inspections to ensure compliance with any applicable board
				regulations.
G. Upon presentation
				of credentials, the department:
(1) shall have
				a right of entry to, upon, or through any premises on which a Part 39 source is
				located or on which any records required to be maintained by any applicable
				board regulations;
(2) may at any
				reasonable time have access to and copy any records required to be established
				and maintained by any applicable board regulations;
(3) may inspect any monitoring equipment and
				method required by any applicable board regulations; and
(4) may sample any emissions that are
				required to be sampled pursuant to any applicable board regulations.