reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 43 - STACK HEIGHT REQUIREMENTS › Section 20.11.43.1 - 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 43 - STACK HEIGHT REQUIREMENTS › Section 20.11.43.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This Part applies to sources with emission stacks, which are
				  located in Bernalillo County, New Mexico.
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. Existing Stacks:
				The provisions of 20.11.43.13 NMAC shall not apply to:
(1) stack heights in existence, or dispersion
				techniques implemented, on or before December 31, 1970 except where air
				contaminants are being emitted from such stacks or using such dispersion
				techniques by sources as defined in Section 111(a)(3) of the Clean Air Act
				(CAA) which were constructed, or reconstructed, or for which major
				modifications as defined in
				40 CFR Sections
				51.165(a)(1)(v) A, 51.166
				b(2)i and 52.21 b(2)i were carried out after December 31, 1970, or;
(2) coal fired steam electric generating
				units subject to the provisions of Section 118 of the CAA, which commenced
				operation before July 1, 1957 and the stacks were constructed under a contract
				awarded before February 8, 1974.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 43 - STACK HEIGHT REQUIREMENTS › Section 20.11.43.3 - 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 43 - STACK HEIGHT REQUIREMENTS › Section 20.11.43.5 - 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 43 - STACK HEIGHT REQUIREMENTS › Section 20.11.43.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this Part is to adopt local requirements
				  that are identical to those required by federal new source review regulations
				  assuring uniform procedures and formulae in determining, on a case-by-case
				  basis, what stack heights or other dispersion techniques are creditable under
				  the term "good engineering practice".
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 43 - STACK HEIGHT REQUIREMENTS › Section 20.11.43.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
For purposes of this Part, the definitions in 40 CFR Sections
				  51.100f, z, and ff through kk (1987), as well as 40 CFR 60.15b(1987) are hereby
				  incorporated as regulations of the Board. In addition to the definitions in
				  20.11.43.7 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.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 43 - STACK HEIGHT REQUIREMENTS › Section 20.11.43.8 - VARIANCES

Current through Register Vol. 35, No. 13, July 16, 2024
Because sources subject to the federal stack height
				  regulation cannot be granted variances from these requirements, insofar as
				  variation from the requirements of this Part are concerned, such sources can
				  not utilize the provisions of 20.11.7 NMAC, Variances Procedures, nor 9-5-1 -4
				  ROA 1994; nor Bernalillo County Ordinance 94-5, all of which were adopted
				  pursuant to Section
				  74-2-8 NMSA
				  1978.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 43 - STACK HEIGHT REQUIREMENTS › Section 20.11.43.9 - SAVINGS CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
Any amendment to 20.11.43 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 33, or 20.11.43 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 43 - STACK HEIGHT REQUIREMENTS › Section 20.11.43.10 - 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 43 - STACK HEIGHT REQUIREMENTS › Section 20.11.43.11 - 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 43 - STACK HEIGHT REQUIREMENTS › Section 20.11.43.12 - PUBLIC NOTICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Before the
				Department issues a permit pursuant to 20.11.41, 60, or 61 NMAC which contains
				a new, or revised emission limitation that is based on a good engineering stack
				height that exceeds the height allowed by 40 CFR Part 51, section 51.100(ii)1
				or 2, 1987, the Department shall notify the public of the availability of the
				demonstration study. Such notice shall be given in the manner specified in the
				applicable regulation for the permit application. Interested parties shall have
				30 days from the date of the notice to submit comments on the demonstration and
				to request a public hearing.
B. If
				the Director determines there is significant public interest a public hearing
				shall be held. If a public hearing is held, the Department shall give notice of
				the time, date and place of the hearing. The hearing shall be held within 45
				days of the notice. The hearing may be combined with any other public hearing
				to be held on the permit application.
C. After the hearing, the Department shall
				make its final decision on the new or revised emission limitation.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 43 - STACK HEIGHT REQUIREMENTS › Section 20.11.43.13 - CREDIT LIMITATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Except as otherwise provided, in evaluating air quality
				  impacts for a proposed new source or modification of an existing source
				  requiring a permit pursuant to 20.11.41 NMAC/ Authority to Construct; 20.11.61
				  NMAC, Prevention of Significant Deterioration; or 20.11.60 NMAC, Permitting in
				  Nonattainment Areas, the Department shall give no credit for reductions in
				  emissions due to so much of a source's stack height that exceeds good
				  engineering practice or due to any other dispersion
				  technique.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 46 - SULFUR DIOXIDE EMISSIONS INVENTORY REQUIREMENTS; WESTERN BACKSTOP SULFUR DIOXIDE TRADING PROGRAM › Section 20.11.46.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Albuquerque-Bernalillo County Air Quality Control Board, P.O.
				  Box 1293, Albuquerque, New Mexico, 87103.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 46 - SULFUR DIOXIDE EMISSIONS INVENTORY REQUIREMENTS; WESTERN BACKSTOP SULFUR DIOXIDE TRADING PROGRAM › Section 20.11.46.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
A. 20.11.46 NMAC is
				applicable to all geographic areas within Bernalillo county, New Mexico and
				within the jurisdiction of the Albuquerque-Bernalillo county air quality
				control board.
B. Exempt: 20.11.46
				NMAC does not apply to sources within Bernalillo county that are located on
				Indian lands over which the Albuquerque-Bernalillo county air quality control
				board lacks jurisdiction.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 46 - SULFUR DIOXIDE EMISSIONS INVENTORY REQUIREMENTS; WESTERN BACKSTOP SULFUR DIOXIDE TRADING PROGRAM › Section 20.11.46.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
20.11.46 NMAC is adopted pursuant to the authority provided
				  in the New Mexico Air Quality Control Act, NMSA 1978 Sections
				  74-2-4,
				  74-2-5;
				  the Joint Air Quality Control Board Ordinance; Bernalillo County Ordinance No.
				  94-5, Sections 4 and 5; and the Joint Air Quality Control Board Ordinance,
				  Revised Ordinances of Albuquerque 1994 Sections 9-5-1 -3 and 9-5-1 -4.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 46 - SULFUR DIOXIDE EMISSIONS INVENTORY REQUIREMENTS; WESTERN BACKSTOP SULFUR DIOXIDE TRADING PROGRAM › Section 20.11.46.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Permanent, except as provided in Section
				  20.11.46.5
				  NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 46 - SULFUR DIOXIDE EMISSIONS INVENTORY REQUIREMENTS; WESTERN BACKSTOP SULFUR DIOXIDE TRADING PROGRAM › Section 20.11.46.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 31, 2003, except where a later date is cited at the
				  end of a section, or as provided in
				  20.11.46.10
				  NMAC. However, if the EPA disapproves the
Section 309 Regional Haze
				  State Implementation Plan Element: Albuquerque-Bernalillo County, New
				  Mexico
, then 20.11.46 NMAC will no longer be effective on the date of
				  official notification by the EPA to the Governor of New Mexico that the
Section 309 Regional Haze State Implementation Plan Element:
				  Albuquerque-Bernalillo County, New Mexico
has been
				  disapproved.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 46 - SULFUR DIOXIDE EMISSIONS INVENTORY REQUIREMENTS; WESTERN BACKSTOP SULFUR DIOXIDE TRADING PROGRAM › Section 20.11.46.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. 20.11.46 NMAC
				implements the western backstop (WEB) sulfur dioxide
				(SO2) trading program provisions required under the
				federal Regional Haze Rule,
				40
				CFR 51.309, and the
concomitant
Albuquerque-Bernalillo county element of the state
				of New Mexico's regional haze implementation plan.
B. Nothing in 20.11.46 NMAC waives any
				requirement otherwise in effect or subsequently required under another program,
				including regulations governing new sources.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 46 - SULFUR DIOXIDE EMISSIONS INVENTORY REQUIREMENTS; WESTERN BACKSTOP SULFUR DIOXIDE TRADING PROGRAM › Section 20.11.46.8 - VARIANCES

Current through Register Vol. 35, No. 13, July 16, 2024
No variances will be granted from requirements of 20.11.46
				  NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 46 - SULFUR DIOXIDE EMISSIONS INVENTORY REQUIREMENTS; WESTERN BACKSTOP SULFUR DIOXIDE TRADING PROGRAM › Section 20.11.46.9 - EMISSION TRACKING REQUIREMENTS FOR SULFUR DIOXIDE EMISSION INVENTORIES

Current through Register Vol. 35, No. 13, July 16, 2024
Beginning with the 2003 emission inventory, all stationary
				  sources with actual emissions of one hundred (100) tons per year or more of
				  SO2 in the year 2000, or in any subsequent year, shall
				  submit an annual inventory of SO2 emissions. A source
				  that meets these criteria, and then emits less than 100 tons per year in a
				  later year shall submit a SO2 inventory for tracking
				  compliance with the regional SO2 milestones until the
				  western backstop sulfur dioxide trading program has been fully implemented and
				  emission tracking has occurred under
				  20.11.46.16
				  NMAC,
monitoring, record keeping and reporting
.
A. All sources meeting the criteria
				immediately above in 20.11.46.9 NMAC will be subject to the following federally
				enforceable provisions:
(1) submit an annual
				inventory of SO2 emissions;
(2) document the emissions
				monitoring/estimation methodology used to calculate their
				SO2 emissions, and demonstrate that the selected
				methodology is acceptable under the inventory program;
(3) include emissions from start up, shut
				down, and upset conditions in the annual total inventory;
(4) use 40 CFR Part 75 methodology for
				reporting emissions for all sources subject to the federal acid rain
				program;
(5) maintain all records
				used in the calculation of the emissions, including but not limited to the
				following:
(a) amount of fuel
				consumed;
(b) percent sulfur
				content of fuel and how the content was determined;
(c) quantity of product produced;
(d) emissions monitoring data;
(e) operating data; and
(f) how the emissions are
				calculated;
(6) maintain
				records of any physical changes to facility operations or equipment, or any
				other changes that may affect the emissions projections; and
(7) retain records for a minimum of 10 years
				from the date of establishment, or if the record was the basis for an
				adjustment to the milestone, five years after the date of an implementation
				plan revision, whichever is longer.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 46 - SULFUR DIOXIDE EMISSIONS INVENTORY REQUIREMENTS; WESTERN BACKSTOP SULFUR DIOXIDE TRADING PROGRAM › Section 20.11.46.10 - WEB TRADING PROGRAM TRIGGER

Current through Register Vol. 35, No. 13, July 16, 2024
A. Except as provided in Subsection B of
				20.11.46.10 NMAC, Sections 20.11.46.11 NMAC through 20.11.46.22 NMAC shall
				become effective on the program trigger date that is established in accordance
				with the procedures outlined in Part C of the
Section 309 Regional Haze
				State
Implementation Plan Element: Albuquerque - Bernalillo
				County, New Mexico
.
B.
				20.11.46.20 NMAC,
special penalty provisions for the year 2018
				milestone
, shall become effective on January 1, 2018 and shall remain
				effective until the provisions of 20.11.46.20 NMAC,
special penalty
				provisions for the year 2018 milestone
, have been fully
				implemented.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 46 - SULFUR DIOXIDE EMISSIONS INVENTORY REQUIREMENTS; WESTERN BACKSTOP SULFUR DIOXIDE TRADING PROGRAM › Section 20.11.46.13 - REGISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Deadlines.
(1) Each source that is a WEB source on or
				before the program trigger date shall register by submitting the initial
				certificate required in Subsection A of 20.11.46.12 NMAC to the department no
				later than 180 days after the program trigger date.
(2) Any existing source that becomes a WEB
				source after the program trigger date shall register by submitting the initial
				certificate required in Subsection A of 20.11.46.12 NMAC to the department no
				later than September 30 of the year following the inventory year in which the
				source exceeded the emission threshold (100 tons
				SO2).
(3)
				Any new WEB source shall register by submitting the initial certificate
				required in Subsection A of 20.11.46.12 NMAC to the department prior to the
				commencement of operation.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 46 - SULFUR DIOXIDE EMISSIONS INVENTORY REQUIREMENTS; WESTERN BACKSTOP SULFUR DIOXIDE TRADING PROGRAM › Section 20.11.46.15 - ESTABLISHMENT OF ACCOUNTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. WEB
				EATS accounts: All WEB sources shall open a compliance account. Any person may
				open a general account for the purpose of holding and transferring allowances.
				In addition, if a WEB source conducts monitoring under Paragraph (2) of
				Subsection A of 20.11.46.16 NMAC, the WEB source shall open a special reserve
				compliance account for allowances associated with units monitored under those
				provisions. To open either type of account, an application that contains the
				following information shall be submitted:
(1)
				the name, mailing address, e-mail address, telephone number, and facsimile
				number of the account representative; for a compliance account, include a copy
				of the account certificate of representation of the account representative and
				any alternate as required in Paragraph (2) of Subsection A of 20.11.46.12 NMAC;
				and for a general account, include the account certificate of representation of
				the account representative and any alternate as required in Paragraph (2) of
				Subsection C of 20.11.46.15 NMAC;
(2) the WEB source or organization
				name;
(3) the type of account to be
				opened; and
(4) identification of
				the specific units that are being monitored under Paragraph (2) of Subsection A
				of 20.11.46.16 NMAC and that must demonstrate compliance with the allowance
				limitation in the special reserve compliance account; and
(5) a signed certification of truth and
				accuracy by the account representative according to Paragraph (2) of Subsection
				A of 20.11.46.12 NMAC and for compliance accounts and for general accounts, a
				certification of truth and accuracy by the account representative according to
				Subsection D of 20.11.46.15 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 46 - SULFUR DIOXIDE EMISSIONS INVENTORY REQUIREMENTS; WESTERN BACKSTOP SULFUR DIOXIDE TRADING PROGRAM › Section 20.11.46.16 - MONITORING, RECORD KEEPING AND REPORTING

Current through Register Vol. 35, No. 13, July 16, 2024
A. General requirements for monitoring
				methods:
(1) For each
				SO2 emitting unit at a WEB source the owner or operator
				shall comply with the following, as applicable, to monitor and record
				SO2 mass emissions:
(a) if a unit is subject to 40 CFR Part 75
				under a requirement separate from the WEB trading program, the unit shall meet
				the requirements contained in 40 CFR Part 75 with respect to monitoring,
				recording and reporting SO2 mass emissions;
(b) if a unit is not subject to 40 CFR Part
				75 under a requirement separate from the WEB trading program, a unit shall use
				one of the following monitoring methods, as applicable:
(i) a continuous emission monitoring system
				(CEMS) for SO2 and flow that complies with all
				applicable monitoring provisions in 40 CFR Part 75;
(ii) if the unit is a gas- or oil-fired
				combustion device, the excepted monitoring methodology in Appendix D to 40 CFR
				Part 75, or, if applicable, the low mass emissions (LME) provisions (with
				respect to SO2 mass emissions only) of
				40
				CFR 75.19;
(iii) one of the optional WEB protocols, if
				applicable, in 20.11.46.21 NMAC,
SO2
monitoring of fuel gas
				combustion devices
or 20.11.46.22 NMAC,
protocol WEB 2:
				predictive flow monitoring systems for kilns with positive pressure fabric
				filter
; or
(iv) a petition
				for site-specific monitoring that the source submits for approval by the
				department and approval by the EPA in accordance with Paragraph (5) of
				Subsection H of 20.11.46.16 NMAC;
(c) a permanently retired unit shall not be
				required to monitor under Section 20.11.46.15 NMAC if such unit was permanently
				retired and had no emissions for the entire period for which the WEB source
				implements Subparagraph (c) of Paragraph (1) of Subsection A of 20.11.46.16,
				and the account representative certifies in accordance with Subsection B of
				20.11.46.19 NMAC that these conditions were met; and in the event that a
				permanently retired unit recommences operation, the WEB source shall meet the
				requirements of 20.11.46.16 NMAC in the same manner as if the unit was a new
				unit.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 46 - SULFUR DIOXIDE EMISSIONS INVENTORY REQUIREMENTS; WESTERN BACKSTOP SULFUR DIOXIDE TRADING PROGRAM › Section 20.11.46.17 - ALLOWANCE TRANSFERS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Procedure: To transfer allowances, the account representative shall submit the
				following information to the tracking system administrator:
(1) the transfer account number(s)
				identifying the transferor account;
(2) the transfer account number(s)
				identifying the transferee account;
(3) the serial number of each allowance to be
				transferred; and
(4) the
				transferor's account representative's name and signature and date of
				submission.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 46 - SULFUR DIOXIDE EMISSIONS INVENTORY REQUIREMENTS; WESTERN BACKSTOP SULFUR DIOXIDE TRADING PROGRAM › Section 20.11.46.18 - USE OF ALLOWANCES FROM A PREVIOUS YEAR

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any allowance that is held in a compliance
				account or general account shall remain in such an account unless and until the
				allowance is either deducted in conjunction with the compliance process, or
				transferred to another account.
B.
				In order to demonstrate compliance under Subsection A of 20.11.46.19 NMAC for a
				control period, WEB sources shall only use allowances allocated for that
				current control period or any previous year. Because all allowances held in a
				special reserve compliance account for a WEB source that monitors certain units
				in accordance with Paragraph (2) of Subsection A of 20.11.46.16 NMAC will be
				deducted for compliance for each control period, no banking of such allowances
				for use in a subsequent year is permitted by 20.11.46 NMAC.
C. If flow control procedures for the current
				control period have been triggered as outlined in Section C4.2 of the
Section 309 Regional Haze State
Implementation Plan
				Element: Albuquerque - Bernalillo County, New Mexico
, then the use of
				allowances that were allocated for any previous year shall be limited as
				follows:
(1) the number of allowances that
				are held in each compliance account and general account as of the allowance
				transfer deadline for the immediately previous year and that were allocated for
				any previous year shall be determined;
(2) the number determined in Paragraph (1) of
				Subsection C of 20.11.46.18 NMAC shall be multiplied by the flow control ratio
				established in accordance with Section C4.2 of the
Section 309 Regional
				Haze State
Implementation Plan Element: Albuquerque -
				Bernalillo County, New Mexico,
to determine the number of allowances
				that were allocated for a previous year that can be used without restriction
				for the current control period;
(3)
				allowances that were allocated for a previous year in excess of the number
				determined in Paragraph (2) of Subsection C of 20.11.46.18 NMAC may also be
				used for the current control period; and if such allowances are used to make a
				deduction, two allowances shall be deducted for each deduction of one allowance
				required under 20.11.46.19 NMAC,
compliance
.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 46 - SULFUR DIOXIDE EMISSIONS INVENTORY REQUIREMENTS; WESTERN BACKSTOP SULFUR DIOXIDE TRADING PROGRAM › Section 20.11.46.19 - COMPLIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Compliance with
				allowance limitations:
(1) In accordance with
				Paragraphs (2) and (3) of Subsection A of 20.11.46.19 NMAC and 20.11.46.18
				NMAC, the WEB source shall hold allowances, as of the allowance transfer
				deadline in the WEB source's compliance account (together with any current
				control year allowances held in the WEB source's special reserve compliance
				account under Paragraph (2) of Subsection A of 20.11.46.16 NMAC) in an amount
				not less than the total SO2 emissions for the control
				period from the WEB source, as determined under the monitoring and reporting
				requirements of 20.11.46.16 NMAC.
(a) For
				each source that is a WEB source on or before the program trigger date, the
				first control period is the calendar year that is six years following the
				calendar year for which SO2 emissions exceeded the
				milestone in accordance with procedures in Part A of the
Section 309
				Regional Haze State
Implementation Plan Element: Albuquerque -
				Bernalillo County, New Mexico
.
(b) For any existing source that becomes a
				WEB source after the program trigger date, the first control period is the
				calendar year that is four years following the inventory year in which the
				source exceeded the SO2 emissions threshold.
(c) For any new WEB source after the program
				trigger date, the first control period is the first full calendar year that the
				source is in operation.
(d) If the
				WEB trading program is triggered in accordance with the 2013 review procedures
				in Section A4 of the
Section 309 Regional Haze State
Implementation Plan Element: Albuquerque - Bernalillo County, New
				Mexico
, the first control period for each source that is a WEB source
				on or before the program trigger date is the year 2018.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 46 - SULFUR DIOXIDE EMISSIONS INVENTORY REQUIREMENTS; WESTERN BACKSTOP SULFUR DIOXIDE TRADING PROGRAM › Section 20.11.46.21 - PROTOCOL WEB 1: SO[2] MONITORING OF FUEL GAS COMBUSTION DEVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Applicability.
(1) The provisions of this protocol are
				applicable to fuel gas combustion devices at petroleum refineries.
(2) Fuel gas combustion devices include
				boilers, process heaters, and flares used to burn fuel gas generated at a
				petroleum refinery.
(3) Fuel gas
				means any gas, which is generated, and combusted at a petroleum refinery. Fuel
				gas does not include:
(a) natural gas, unless
				combined with other gases generated at a petroleum refinery;
(b) gases generated by a catalytic cracking
				unit catalyst regenerator;
(c)
				gases generated by fluid coking burners;
(d) gases combusted to produce sulfur or
				sulfuric acid; or
(e) process upset
				gases generated due to startup, shutdown, or malfunctions.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 46 - SULFUR DIOXIDE EMISSIONS INVENTORY REQUIREMENTS; WESTERN BACKSTOP SULFUR DIOXIDE TRADING PROGRAM › Section 20.11.46.22 - PROTOCOL WEB 2: PREDICTIVE FLOW MONITORING SYSTEMS FOR KILNS WITH POSITIVE PRESSURE FABRIC FILTER

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Applicability. The provisions of this protocol are applicable to cement kilns
				or lime kilns that:
(1) are controlled by a
				positive pressure fabric filter;
(2) combust only a single fuel, no fuel
				blends; and
(3) have operating
				conditions upstream of the fabric filter that the WEB source documents would
				reasonably prevent reliable flow monitor measurements; and this protocol does
				not modify the SO2 monitoring requirements in
				20.11.46.16 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 46 - SULFUR DIOXIDE EMISSIONS INVENTORY REQUIREMENTS; WESTERN BACKSTOP SULFUR DIOXIDE TRADING PROGRAM › Section 20.11.46.23 - SAVINGS CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
Any amendment to
Sulfur Dioxide Emissions Inventory
				  Requirements; Western Backstop Sulfur Dioxide Trading Program
,
				  20.11.46 NMAC, which is filed with the state records center and archives shall
				  not affect actions pending for violation of a statute, ordinance, part, or
				  permit. Prosecution for a violation of a prior statute, ordinance, part or
				  permit shall be governed and prosecuted under the statute, ordinance, part or
				  permit wording 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 46 - SULFUR DIOXIDE EMISSIONS INVENTORY REQUIREMENTS; WESTERN BACKSTOP SULFUR DIOXIDE TRADING PROGRAM › Section 20.11.46.24 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any section, subsection, sentence, phrase, clause or
				  wording of 20.11.46 NMAC or the federal standards incorporated herein is for
				  any reason held to be unconstitutional or otherwise invalid by any court or the
				  EPA, the decision shall not affect the validity of remaining portions of
				  20.11.46 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 47 - EMISSIONS INVENTORY REQUIREMENTS › Section 20.11.47.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Albuquerque-Bernalillo County Air Quality Control Board, c/o
				  Environmental Health Department, P.O. Box 1293, Albuquerque, New Mexico 87103.
				  Telephone: (505) 768-2601.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 47 - EMISSIONS INVENTORY REQUIREMENTS › Section 20.11.47.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
20.11.47 NMAC applies to each person who owns or operates a
				  source or who intends to construct or modify a source within Bernalillo county,
				  but does not apply to sources in Bernalillo county that are located on Indian
				  lands over which the Albuquerque-Bernalillo county air quality control board
				  lacks jurisdiction.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 47 - EMISSIONS INVENTORY REQUIREMENTS › Section 20.11.47.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
20.11.47 NMAC is adopted pursuant to the authority provided
				  in the New Mexico Air Quality Control Act, NMSA 1978 Sections
				  74-2-4,
				  74-2-5.C;
				  the Joint Air Quality Control Board Ordinance, Bernalillo County Ordinance 94-5
				  Section 4; and the Joint Air Quality Control Board Ordinance, Revised
				  Ordinances of Albuquerque ROA 1994 Section 9-5-1 -4.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 47 - EMISSIONS INVENTORY REQUIREMENTS › Section 20.11.47.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
May 1, 2008 except where 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 47 - EMISSIONS INVENTORY REQUIREMENTS › Section 20.11.47.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish requirements for the submission of certain
				  relevant information to ensure that the regulations and standards under the Air
				  Quality Control Act and the federal act will not be violated.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 47 - EMISSIONS INVENTORY REQUIREMENTS › Section 20.11.47.8 - VARIANCES

Current through Register Vol. 35, No. 13, July 16, 2024
No person can obtain a variance from the requirements of
				  20.11.47 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 47 - EMISSIONS INVENTORY REQUIREMENTS › Section 20.11.47.9 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If for any reason any section, subsection, sentence, phrase,
				  clause or wording of 20.11.47 NMAC is held to be unconstitutional or otherwise
				  invalid by any court or the United States environmental protection agency, the
				  decision shall not affect the validity of remaining portions of 20.11.47
				  NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 47 - EMISSIONS INVENTORY REQUIREMENTS › Section 20.11.47.10 - CONSTRUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
20.11.47 NMAC shall be liberally construed to carry out its
				  purpose.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 47 - EMISSIONS INVENTORY REQUIREMENTS › Section 20.11.47.11 - SAVINGS CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
The filing of 20.11.47 NMAC,
Emissions Inventory
				  Requirements
, and the filing of any amendment to 20.11.47 NMAC with
				  the state records center and archives shall not affect any action pending for
				  violation of a city or county ordinance, a board regulation, or a permit, and
				  shall not affect a petition filed pursuant to 20.11.47 NMAC. Prosecution for
				  violation of a prior statute, ordinance, part or permit shall be governed and
				  prosecuted under the statute, ordinance, part or permit wording 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 47 - EMISSIONS INVENTORY REQUIREMENTS › Section 20.11.47.12 - COMPLIANCE WITH OTHER REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Compliance with 20.11.47 NMAC does not relieve a person from
				  responsibility for complying with any other applicable federal, state, or local
				  regulations.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 47 - EMISSIONS INVENTORY REQUIREMENTS › Section 20.11.47.13 - DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Documents incorporated and cited in 20.11.47 NMAC may be
				  viewed at the Albuquerque environmental health department, Suite 3023, One
				  Civic Plaza, 400 Marquette NW, Albuquerque, NM.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 47 - EMISSIONS INVENTORY REQUIREMENTS › Section 20.11.47.14 - EMISSIONS INVENTORY REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Applicability: 20.11.47.14 NMAC applies to
				the owner or operator of every stationary source, located within Bernalillo
				county that:
(1) has an active permit issued
				pursuant to 20.11.41 NMAC,
Authority to Construct
, or 20.11.42
				NMAC,
Operating Permits
; or
(2) is required to file a source registration
				pursuant to 20.11.40 NMAC,
Source Registration
.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 49 - EXCESS EMISSIONS › Section 20.11.49.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Albuquerque - Bernalillo County Air Quality Control Board,
				  c/o Environmental Health Department. P.O. Box 1293, Albuquerque, New Mexico
				  87103. Telephone: (505) 768-2601.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 49 - EXCESS EMISSIONS › Section 20.11.49.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
A. 20.11.49 NMAC is
				applicable to every stationary source within Bernalillo county.
B. Exempt: 20.11.49 NMAC does not apply to
				sources within Bernalillo county that are located on indian lands over which
				the Albuquerque-Bernalillo county air quality control board lacks
				jurisdiction.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 49 - EXCESS EMISSIONS › Section 20.11.49.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
20.11.49 NMAC is adopted pursuant to the authority provided
				  in the New Mexico Air Quality Control Act, NMSA 1978 Sections
				  74-2-4,
				  74-2-5;
				  the Joint Air Quality Control Board Ordinance, Bernalillo County Ordinance No.
				  94-5, Sections 4 and 5; and the Joint Air Quality Control Board Ordinance,
				  Revised Ordinances of Albuquerque 1994, Sections 9-5-1 -4 and 9-5-1 -5.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 49 - EXCESS EMISSIONS › Section 20.11.49.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
10/13/09, 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 49 - EXCESS EMISSIONS › Section 20.11.49.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To implement requirements for the reporting of excess
				  emissions for facility owners and operators.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 49 - EXCESS EMISSIONS › Section 20.11.49.9 - SAVINGS CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
Any amendment to 20.11.49 NMAC which is filed with the state
				  records center shall not affect actions pending for violation of a city or
				  county ordinance, or 20.11.49 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 49 - EXCESS EMISSIONS › Section 20.11.49.10 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If for any reason any section, subsection, sentence, phrase,
				  clause, wording or application of 20.11.49 NMAC is held to be unconstitutional
				  or otherwise invalid by any court or the United States environmental protection
				  agency, the decision shall not affect the validity or application of remaining
				  portions of 20.11.49 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 49 - EXCESS EMISSIONS › Section 20.11.49.11 - DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Documents incorporated and cited in 20.11.49 NMAC may be
				  viewed at the Albuquerque environmental health department, 400 Marquette NW,
				  Room 3023, Albuquerque, NM 87102.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 49 - EXCESS EMISSIONS › Section 20.11.49.12 - COMPLIANCE WITH OTHER REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Compliance with 20.11.49 NMAC 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 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 49 - EXCESS EMISSIONS › Section 20.11.49.13 - APPLICABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any source:
(1) whose operation results in an emission of
				a regulated air pollutant, 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 20.11.47 NMAC,
Emissions Inventory
				Requirements
, 20.11.41 NMAC ,
Construction Permits
,
				20.11.42 NMAC,
Operating Permits
, 20.11.61 NMAC,
Prevention of Significant Deterioration
, or 20.11.60 NMAC,
Permitting In Nonattainment Areas
.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 49 - EXCESS EMISSIONS › Section 20.11.49.14 - OPERATION RESULTING IN AN EXCESS EMISSION

Current through Register Vol. 35, No. 13, July 16, 2024
The emission of a regulated air pollutant 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. If the owner or operator of a source having an excess
				  emission chooses to continue to operate it while the excess emission continues,
				  the owner or operator shall take all appropriate measures consistent with good
				  air pollution control practices for minimizing emissions. The duration and
				  extent of any excess emission and the owner or operator's efforts to minimize
				  the excess emission may be considered by the department in any resulting
				  enforcement action.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 49 - EXCESS EMISSIONS › Section 20.11.49.15 - 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.
				The department may require that the owner or operator of a source provide
				further information in addition to that already required by 20.11.49.15 NMAC by
				a deadline specified by the department.
(1)
Initial excess emission 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. The initial report shall include
				all available information regarding each item required by Subsection B of
				20.11.49.15 NMAC.
(2)
Final
				excess emission report:
No later than 10 days after the end of the
				excess emission, the owner or operator shall file a final report that contains
				specific and detailed information for each item required by Subsection B of
				20.11.49.15 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 49 - EXCESS EMISSIONS › Section 20.11.49.17 - ROOT CAUSE AND CORRECTIVE ACTION ANALYSIS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon receipt of a written demand by the
				department, the owner or operator of a source having an excess emission, shall
				prepare an analysis that uses analytical tools determined by the department to
				be appropriate. The analysis shall contain the following information:
(1) an analysis describing the root cause and
				all contributing causes of the excess emission; and
(2) an analysis of the corrective actions
				implemented or available to reduce the likelihood of a recurrence of the excess
				emission resulting from the causes identified under Paragraph (1) of Subsection
				A of 20.11.49.17 NMAC, including, as applicable:
(a) identification of implemented or
				available corrective action alternatives, such as changes in design, operation
				and maintenance;
(b) the estimated
				cost associated with each corrective action alternative;
(c) the probable effectiveness of each
				corrective action alternative;
(d)
				if no corrective action alternatives are available, a clear explanation
				providing an adequate justification for that conclusion; and
(e) if one or more corrective actions are
				identified, a schedule for implementation and progress reports.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 60 - PERMITTING IN NONATTAINMENT AREAS › Section 20.11.60.1 - 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 60 - PERMITTING IN NONATTAINMENT AREAS › Section 20.11.60.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
A. 20.11.60 NMAC
				establishes a pre-construction permit program for new major stationary sources
				and major modifications of existing major stationary sources located within a
				nonattainment area.
B. Exempt:
				20.11.60 NMAC does not apply to sources within Bernalillo county, which are
				located on indian lands over which the Albuquerque-Bernalillo county air
				quality control board lacks jurisdiction.