New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 42 - OPERATING PERMITS › Section 20.11.42.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the definitions in 20.11.42.7 NMAC, the
				  definitions in 20.11.1 NMAC apply unless there is a conflict between
				  definitions, in which case the definition in 20.11.42 NMAC shall govern.
A. "Acid rain source" has the meaning given
				to "affected source" in the regulations promulgated under Title IV of the
				federal act, and includes all sources subject to Title IV.
B. "Affected programs" means the state of New
				Mexico and Indian tribes and pueblos that are within 50 miles of the
				source.
C. "Air pollutant" means an
				air pollution agent or combination of such agents, including any physical,
				chemical, biological, radioactive (including source material, special nuclear
				material, and byproduct material) substance or matter, which is emitted into or
				otherwise, enters the ambient air. Such term includes any precursors to the
				formation of any air pollutant; to the extent the administrator has identified
				such precursor or precursors for the purpose for which the term "air pollutant"
				is used. This excludes water vapor, nitrogen (N2),
				oxygen (O2) and ethane.
D. "Air pollution control equipment" means
				any device, equipment, process or combination thereof, the operation of which
				would limit, capture, reduce, confine, or otherwise control regulated air
				pollutants or convert for the purposes of control any regulated air pollutant
				to another form, another chemical or another physical state. This includes, but
				is not limited to, sulfur recovery units, acid plants, baghouses,
				precipitators, scrubbers, cyclones, water sprays, enclosures, catalytic
				converters, and steam or water injection.
E. "Applicable requirement" means all of the
				following, as they apply to emissions units at a 20.11.42 NMAC source
				(including requirements that have been promulgated or approved by the board or
				EPA through rulemaking at the time of permit issuance but have future-effective
				compliance dates):
(1) any standard or other
				requirement provided for in the New Mexico state implementation plan approved
				by EPA, or promulgated by EPA through rulemaking, under Title I of the federal
				act to implement the relevant requirements of the federal act, including any
				revisions to that plan promulgated in 40 CFR, Part 52;
(2) any term or condition of any
				pre-construction permit issued pursuant to regulations approved or promulgated
				through rulemaking under Title I, including Parts C or D, of the federal act,
				unless that term or condition is determined by the department to be no longer
				pertinent;
(3) any standard or
				other requirement under Section 111 of the federal act, including Section
				111(d);
(4) any standard or other
				requirement under Section 112 of the federal act, including any requirement
				concerning accident prevention under Section 112(r)(7) of the federal
				act;
(5) any standard or other
				requirement of the acid rain program under Title IV of the federal act or the
				regulations promulgated thereunder;
(6) any requirements established pursuant to
				Section 504(b) or Section 114(a)(3) of the federal act;
(7) any standard or other requirement under
				Section 126(a)(1) and (c) of the federal act;
(8) any standard or other requirement
				governing solid waste incineration under Section 129 of the federal
				act;
(9) any standard or other
				requirement for consumer and commercial products, under Section 183(e) of the
				federal act;
(10) any standard or
				other requirement for tank vessels under Section 183(f) of the federal
				act;
(11) any standard or other
				requirement of the program to control air pollution from outer continental
				shelf sources, under Section 328 of the federal act;
(12) any standard or other requirement of the
				regulations promulgated to protect stratospheric ozone under Title VI of the
				federal act, unless the administrator has determined that such requirements
				need not be contained in a Title V permit;
(13) any national ambient air quality
				standard, or any increment or visibility requirement under Part C of Title I of
				the federal act, but only as it would apply to temporary sources permitted
				pursuant to Section 504(e) of the federal act; and
(14) any regulation adopted by the board in
				accordance with the joint air quality control board ordinances pursuant to the
				New Mexico Air Quality Control Act,
				74-2-5.B
				NMSA 1978.