reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 79 - PERMITS - NONATTAINMENT AREAS › Section 20.2.79.113 - ADDITIONAL REQUIREMENTS FOR SOURCES IMPACTING MANDATORY FEDERAL CLASS I AREAS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				requirements of this section apply only to proposed major stationary sources or
				major modifications that meet the criteria of paragraph (1) of subsection A of
				20.2.79.109 NMAC and that also are major stationary sources or major
				modifications as defined in 20.2.74 NMAC. A major stationary source or major
				modification which meets the criteria of paragraph (2) of subsection A of
				20.2.79.109 NMAC may be subject to requirements for Federal Class I Areas in
				20.2.74 NMAC if that Part applies.
B. The Department shall transmit to the
				Administrator and any affected Federal Land Manager a copy of each permit
				application and any information relevant to any proposed major stationary
				source or major modification which may have an impact on visibility in any
				mandatory Federal Class I area. Relevant information will include an analysis
				of the proposed source's anticipated impacts on visibility in the Federal Class
				I area. The application shall be transmitted within thirty (30) days of receipt
				by the Department and at least sixty (60) days prior to any public hearing on
				the application. Additionally, the Department shall notify any affected Federal
				Land Manager within thirty (30) days from the date the Department receives a
				request for a pre-application meeting from a proposed source subject to this
				Part. The Department shall consult with the affected Federal Land Manager prior
				to making a determination of completeness for any such permit application. The
				Department shall also provide the Federal Land Manager and the Administrator
				with a copy of the preliminary determination on the permit application and
				shall make available to them any materials used in making that
				determination.
C. The owner or
				operator of any proposed major stationary source or major modification which
				may have an impact on visibility in a mandatory Federal Class I area shall
				include in the permit application an analysis of the anticipated impacts on
				visibility in such areas.
D. The
				Department may require monitoring of visibility in any mandatory Federal Class
				I area where the Department determines an adverse impact on visibility may
				occur due to the operations of the proposed new source or modification. Such
				monitoring shall be conducted following procedures approved by the Department
				and subject to the following conditions:
(1)
				Visibility monitoring methods specified by the Department shall be reasonably
				available and not require any research and development; and
(2) Both preconstruction and post
				construction visibility monitoring may be required. In each case, the duration
				of such monitoring shall not exceed one year.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 79 - PERMITS - NONATTAINMENT AREAS › Section 20.2.79.114 - EMISSION OFFSET BASELINE

Current through Register Vol. 35, No. 13, July 16, 2024
The baseline for determining credit for emission offsets
				  shall be the most stringent emissions limitation pursuant to a New Mexico air
				  quality regulation or federally enforceable permit which is applicable and in
				  effect at the time the application to construct is filed. If neither a state
				  air quality regulation nor a federally enforceable permit contains an emissions
				  limitation for the source, the baseline shall be the actual emissions of the
				  source from which offset credit is obtained. Where a source is subject to an
				  emission standard established in a New Source Performance Standard (NSPS) or a
				  National Emission Standard for Hazardous Air Pollutants (NESHAPS) and a
				  different State Implementation Plan or permit limitation, including any
				  emission limitation used in demonstrating reasonable further progress, the more
				  stringent emission standard shall be used as the baseline for determining
				  credit for emission offsets.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 79 - PERMITS - NONATTAINMENT AREAS › Section 20.2.79.116 - BANKING OF EMISSION REDUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Any stationary source which decreases actual emissions of a regulated pollutant
				in excess of the requirements of this Part or any other applicable air quality
				regulation or permit emission limitation may preserve or bank such excess
				emission reductions for sale or future use.
B. The owner or operator desiring to preserve
				such reductions shall submit a written request prior to the actual emission
				reduction to the Department which contains the following information:
(1) A detailed description of the process(es)
				to be controlled and the control technology to be used; and
(2) Emission calculations showing the types
				and amounts of actual emissions to be reduced; and
(3) The effective date(s) of such
				reductions.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 79 - PERMITS - NONATTAINMENT AREAS › Section 20.2.79.117 - AIR QUALITY BENEFIT

Current through Register Vol. 35, No. 13, July 16, 2024
All demonstrations of the occurrence of a net air quality
				  benefit shall meet the following criteria:
A. Emission offsets for volatile organic
				compounds or nitrogen oxides emissions impacting an ozone nonattainment area
				may be obtained from sources located in the broad vicinity of the proposed new
				source or modification, subject to approval by the Department. Atmospheric
				dispersion modeling will not be required to demonstrate the net air quality
				benefit that occurs due to reductions in volatile organic compound
				emissions.
B. An applicant which
				proposes emission offsets for sulfur dioxide, particulate matter, carbon
				monoxide, nitrogen oxides, or any other pollutant may be required by the
				Department to submit atmospheric dispersion modeling to demonstrate a net air
				quality benefit will occur. For any case involving these pollutants where stack
				emissions and fugitive or ground level emissions are offsetting, atmospheric
				dispersion modeling shall be required to demonstrate a net air quality benefit
				will occur.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 79 - PERMITS - NONATTAINMENT AREAS › Section 20.2.79.118 - PUBLIC PARTICIPATION AND NOTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The Department shall, within thirty (30)
				days after its receipt of an application for a permit or significant permit
				revision subject to this Part, review such application and determine whether it
				is administratively complete. If the application is deemed:
(1) administratively complete, a letter to
				that effect shall be sent by certified mail to the applicant.
(2) administratively incomplete, a letter
				shall be sent by certified mail to the applicant stating what additional
				information or points of clarification are necessary to deem the application
				administratively complete. Upon receipt of the additional information or
				clarification, the Department shall promptly review such information and
				determine whether the application is administratively complete.
(3) administratively complete but no permit
				is required, a letter shall be sent by certified mail to the applicant
				informing the applicant of the determination.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 79 - PERMITS - NONATTAINMENT AREAS › Section 20.2.79.119 - TABLES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Significant
				ambient concentrations:
Pollutant
[Concentration in micrograms per cubic meter
								(µg/m3) or milligrams per cubic meter
								(mg/m3)]
Averaging Time
Annual
24-hr
8-hr
3-hr
1-hr
Sulfur dioxide
1.0 µg/m3
5 µg/m3
--
25 µg/m3
--
PM10
1.0 µg/m3
5 µg/m3
--
--
--
PM2.5
0.3 µg/m3
1.2 µg/m3
Nitrogen dioxide
1.0 µg/m3
--
--
--
--
Carbon monoxide
--
--
0.5 mg/m3
--
2 mg/m3
B.
				Fugitive emissions source categories:
(1)
				carbon black plants (furnace process);
(2) charcoal production plants;
(3) chemical process plants;
(4) coal cleaning plants (with thermal
				dryers);
(5) coke oven
				batteries;
(6) fossil fuel-fired
				steam electric plants of more than 250 million Btu/hr heat input;
(7) fossil fuel boiler (or combination
				thereof) totaling more than 250 million Btu/hr heat input;
(8) fuel conversion plants;
(9) glass fiber processing plants;
(10) hydrofluoric acid plants;
(11) iron and steel mill plants;
(12) kraft pulp mills;
(13) lime plants;
(14) municipal incinerators capable of
				charging more than 250 tons of refuse per day;
(15) nitric acid plants;
(16) petroleum refineries;
(17) petroleum storage and transfer units
				with a total storage capacity exceeding 300,000 barrels;
(18) phosphate rock processing
				plants;
(19) portland cement
				plant;
(20) primary lead
				smelters;
(21) primary zinc
				smelters;
(22) primary aluminum ore
				reduction plants;
(23) primary
				copper smelters;
(24) secondary
				metal production plants;
(25)
				sintering plants;
(26) sulfur
				recovery plants;
(27) sulfuric acid
				plants;
(28) taconite ore
				processing plants.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 79 - PERMITS - NONATTAINMENT AREAS › Section 20.2.79.120 - ACTUALS PLANTWIDE APPLICABILITY LIMITS (PALs)

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Applicability.
(1) The department may approve the use of an
				actuals PAL for any existing major stationary source (except as provided in
				Paragraph (2) of this subsection) if the PAL meets the requirements of this
				section. The term "PAL" shall mean "actuals PAL" throughout this
				section.
(2) Actuals PALs shall not
				be allowed for VOC or NOx for any major stationary source located in an extreme
				ozone nonattainment area.
(3) Any
				physical change in or change in the method of operation of a major stationary
				source that maintains its total source-wide emissions below the PAL level,
				meets the requirements of this section, and complies with the PAL permit:
(a) is not a major modification for the PAL
				pollutant;
(b) does not have to be
				approved through the requirements of this part; and
(c) is not subject to the provisions in
				20.2.79.110
				NMAC (restrictions on relaxing enforceable emission limitations that the major
				stationary source used to avoid applicability of the nonattainment major new
				source review program).
(4) Except as provided under Subparagraph (c)
				of Paragraph (3) of this subsection, a major stationary source shall continue
				to comply with all applicable federal or state requirements, emission
				limitations, and work practice requirements that were established prior to the
				effective date of the PAL.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 80 - STACK HEIGHTS › Section 20.2.80.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Environmental Improvement Act, NMSA 1978, section
				  74-1-8(A)(4), and Air Quality Control Act, NMSA 1978, sections
				  74-2-1 et
				  seq., including specifically, section
				  74-2-7.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 80 - STACK HEIGHTS › Section 20.2.80.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 30, 1995.
[The latest effective date of any section in this Part is
				  10/31/02.]
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 80 - STACK HEIGHTS › Section 20.2.80.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this Part is to establish requirements for
				  the evaluation of stack heights and other dispersion techniques in permitting
				  decisions.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 80 - STACK HEIGHTS › Section 20.2.80.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the terms defined in 20.2.2 NMAC
				  (Definitions), the definitions in
				  40
				  CFR Sections 51.100(z) and (ff)-(kk)
				  (1987) are hereby incorporated as state
				  regulations and, as used in this Part: "Part" means an air quality control
				  regulation under Title 20, Chapter 2 of the New Mexico Administrative Code,
				  unless otherwise noted; as adopted or amended by the Board.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 80 - STACK HEIGHTS › Section 20.2.80.8 - AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
This Part amends and supersedes Air Quality Control
				  Regulation ("AQCR") 710, -- Stack Height Requirements, last filed March 15,
				  1988, as amended.
A. All references to
				AQCR 710 in any other rule shall be construed as a reference to this
				Part.
B. The amendment and
				supersession of AQCR 710 shall not affect any administrative or judicial
				enforcement action pending on the effective date of such amendment nor the
				validity of any permit issued pursuant to AQCR 710.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 80 - STACK HEIGHTS › Section 20.2.80.9 - DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Documents cited in this Part may be viewed at the New Mexico
				  Environment Department, Air Quality Bureau, Harold Runnels Building, 1190 Saint
				  Francis Drive, Santa Fe, NM 87505 [2048 Galisteo St., Santa Fe, NM
				  87505].
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 80 - STACK HEIGHTS › Section 20.2.80.109 - NEW SOURCES OR MODIFIED EXISTING SOURCES

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 20.2.72 NMAC (Construction Permits); 20.2.74
				  NMAC (Prevention of Significant Deterioration (PSD)); or 20.2.79 NMAC (Permits
				  - Nonattainment Areas), the Department shall give no credit for reductions in
				  emissions due to the length 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 2 - AIR QUALITY (STATEWIDE) › Part 80 - STACK HEIGHTS › Section 20.2.80.110 - EXISTING STACKS

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions of
				  20.2.80.109
				  NMAC shall not apply to:
A. 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 Federal Act, 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
B. Coal-fired steam electric generating units
				subject to the provisions of section 118 of the Federal Act, which commenced
				operation before July 1, 1957, and whose stacks were constructed under a
				contract awarded before February 8, 1974.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 80 - STACK HEIGHTS › Section 20.2.80.111 - DEMONSTRATION STUDY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Notification: Before the Department issues a permit, pursuant to 20.2.72 NMAC,
				20.2.74 NMAC, or 20.2.79 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 thirty
				(30) days from the date of the notice to submit comments on the demonstration
				and to request a public hearing.
B.
				Public Hearing: If the Secretary determines there is significant public
				interest, he shall hold a public hearing. 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 forty-five (45) days of the notice. The hearing
				may be combined with any other public hearing to be held on the permit
				application.
C. Final
				Determination: 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 2 - AIR QUALITY (STATEWIDE) › Part 80 - STACK HEIGHTS › Section 20.2.80.112 - 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 that requirement, the requirements
				  of this Part shall not be subject to section
				  74-2-8 NMSA
				  1978.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 81 - WESTERN BACKSTOP SULFUR DIOXIDE TRADING PROGRAM › Section 20.2.81.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All geographic areas within the jurisdiction of the
				  environmental improvement board.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 81 - WESTERN BACKSTOP SULFUR DIOXIDE TRADING PROGRAM › Section 20.2.81.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Environmental Improvement Act, NMSA 1978, Section
				  74-1-8(A)(4) and (7), and Air Quality Control Act, NMSA 1978, Sections
				  74-2-1 et
				  seq., including specifically, Section 74-2-5(A), (B) and (C).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 81 - WESTERN BACKSTOP SULFUR DIOXIDE TRADING PROGRAM › Section 20.2.81.5 - 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.
[The latest effective date of any section in this part is
				  July 6, 2011.]
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 81 - WESTERN BACKSTOP SULFUR DIOXIDE TRADING PROGRAM › Section 20.2.81.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. 20.2.81 NMAC
				implements the western backstop sulfur dioxidetrading program ("WEB trading
				program") provisions required under the federal regional haze rule,
				40
				CFR 51.309, and New Mexico's regional haze
				implementation plan.
B. Nothing in
				20.2.81 NMAC waives any requirement otherwise in effect or subsequently
				required under another program, including rules governing new
				sources.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 81 - WESTERN BACKSTOP SULFUR DIOXIDE TRADING PROGRAM › Section 20.2.81.100 - WEB TRADING PROGRAM TRIGGER

Current through Register Vol. 35, No. 13, July 16, 2024
A. Except as provided in Subsection B of this
				section, the provisions of 20.2.81 NMAC shall apply on the program trigger date
				that is established in accordance with the procedures outlined in the sulfur
				dioxide milestones and backstop trading program implementation plan.
B. 20.2.81.110 NMAC, special penalty
				provisions for 2018 milestone, shall apply on January 1, 2018 and shall remain
				effective until the provisions of 20.2.81.110 NMAC have been fully
				implemented.
C. The department
				shall report to the environmental improvement board every two years following
				the trigger of this program on the distributions of emissions allowances under
				the program.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 81 - WESTERN BACKSTOP SULFUR DIOXIDE TRADING PROGRAM › Section 20.2.81.103 - 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 20.2.81.102 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 20.2.81.102 NMAC to the department no
				later than September 30 of the year following the inventory year in which the
				source exceeded the emission threshold.
(3) Any new WEB source shall register by
				submitting the initial certificate required in Subsection A of 20.2.81.102 NMAC
				to the department prior to the commencement of operation.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 81 - WESTERN BACKSTOP SULFUR DIOXIDE TRADING PROGRAM › Section 20.2.81.105 - ESTABLISHMENT OF ACCOUNTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Allowance tracking system accounts. All WEB sources shall open a compliance
				account. Any person may open a general account for holding and transferring
				allowances. In addition, if a Web source conducts monitoring under Subsection B
				of 20.2.81.106 NMAC, the WEB source shall open a special reserve compliance
				account for allowances associated with units monitored under those provisions.
				The WEB source and account representative shall have no rights to transfer
				allowances in or out of such special reserve compliance account. The department
				shall allocate allowances to the account in accordance with Paragraph 5 of
				Subsection B of 20.2.81.106 NMAC and all such allowances for each control
				period shall be retired each year for compliance in accordance with 20.2.81.109
				NMAC. 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 20.2.81.102 NMAC;
				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 or 20.2.81.105 NMAC;
(2) the WEB source or organization
				name;
(3) the type of account to be
				opened; and
(4) a signed
				certification of truth and accuracy by the account representative according to
				Paragraph 2 of Subsection A of 20.2.81.102 for compliance accounts and for
				general accounts, certification of truth and accuracy by the account
				representative according to Subsection D of 20.2.81.105 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 81 - WESTERN BACKSTOP SULFUR DIOXIDE TRADING PROGRAM › Section 20.2.81.106 - MONITORING, RECORDKEEPING AND REPORTING - GENERAL REQUIREMENTS ON MONITORING METHODS

Current through Register Vol. 35, No. 13, July 16, 2024
A. For
				each sulfur dioxide emitting unit at a WEB source shall comply with the
				following, as applicable, to monitor and record sulfur dioxide mass emissions.
(1) 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 Part 75 with respect to monitoring, recording and
				reporting sulfur dioxide mass emissions.
(2) 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:
(a) a continuous emission monitoring system
				(CEMS) for sulfur dioxide and flow that complies with all applicable monitoring
				provisions in 40 CFR Part 75;
(b)
				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 sulfur dioxide mass emissions only)
				of Section 75.19 of 40 CFR Part 75;
(c) one of the optional WEB protocols, if
				applicable, in 20.2.81.111 NMAC or 20.2.81.112 NMAC; or
(d) a petition for site-specific monitoring
				that the source submits for approval by the department, and approval by the
				U.S. environmental protection agency in accordance with Paragraph 5 of
				Subsection O of 20.2.81.106 NMAC.
(3) A permanently retired unit shall not be
				required to monitor under this section if such unit was permanently retired and
				had no emissions for the entire period for which the WEB source implements this
				Paragraph 3 and the account representative certifies in accordance with
				Subsection B of 20.2.81.109 NMAC that these conditions were met. In the event
				that a permanently retired unit recommences operation, the WEB source shall
				meet the requirements of this Section 20.2.81.106 NMAC in the same manner as if
				the unit was a new unit.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 81 - WESTERN BACKSTOP SULFUR DIOXIDE TRADING PROGRAM › Section 20.2.81.107 - 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 2 - AIR QUALITY (STATEWIDE) › Part 81 - WESTERN BACKSTOP SULFUR DIOXIDE TRADING PROGRAM › Section 20.2.81.108 - 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 deducted in conjunction with the compliance process, or
				transferred to another account.
B.
				In order to demonstrate compliance under Subsection A of 20.2.81.109 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 Subsection B of 20.2.81.106 NMAC will be deducted for
				compliance for each control period, no banking of such allowances for use in a
				subsequent year is permitted by 20.2.81 NMAC.
C. If flow control procedures for the current
				control period have been triggered as outlined in section C4.2 of the sulfur
				dioxide milestones and backstop trading program implementation plan, 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
				shall be multiplied by the flow control ratio established in accordance with
				section C4.2 of the sulfur dioxide milestones and backstop trading program
				implementation plan 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 may also be used for the current control period. If such allowances
				are used to make a deduction, three allowances shall be deducted for each
				deduction of one allowance required under 20.2.81.109 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 81 - WESTERN BACKSTOP SULFUR DIOXIDE TRADING PROGRAM › Section 20.2.81.109 - COMPLIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Compliance with
				allowance limitations.
(1) The WEB source
				shall hold allowances, in accordance with Paragraph 2 of Subsection A of
				20.2.81.109 NMAC and 20.2.81.108 NMAC, 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
				Subsection B of 20.2.81.106 NMAC in an amount not less than the total sulfur
				dioxide emissions for the control period from the WEB source, as determined
				under the monitoring and reporting requirements of 20.2.81.106 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 sulfur
				dioxideemissions exceeded the milestone in accordance with procedures in
				section A of the sulfur dioxidemilestones and backstop trading program
				implementation plan.
(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 sulfur dioxideemissions
				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 sulfur
				dioxidemilestones and backstop trading program implementation plan, 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 2 - AIR QUALITY (STATEWIDE) › Part 81 - WESTERN BACKSTOP SULFUR DIOXIDE TRADING PROGRAM › Section 20.2.81.111 - NMAC SULFUR DIOXIDE 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 2 - AIR QUALITY (STATEWIDE) › Part 81 - WESTERN BACKSTOP SULFUR DIOXIDE TRADING PROGRAM › Section 20.2.81.112 - NMAC 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; this protocol does not
				modify the sulfur dioxidemonitoring requirements in 20.2.81.106 NMAC.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 82 - MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY STANDARDS FOR SOURCE CATEGORIES OF HAZARDOUS AIR POLLUTANTS › Section 20.2.82.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Environmental Improvement Board.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 82 - MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY STANDARDS FOR SOURCE CATEGORIES OF HAZARDOUS AIR POLLUTANTS › Section 20.2.82.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All sources emitting hazardous air pollutants, which are
				  subject to the requirements of 40 CFR Part 63 , as amended through June 28,
				  2023.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 82 - MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY STANDARDS FOR SOURCE CATEGORIES OF HAZARDOUS AIR POLLUTANTS › Section 20.2.82.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Environmental Improvement Act, Paragraphs (4) and (7) of
				  Subsection (A) of Section
				  74-1-8 NMSA 1978, and Air Quality
				  Control Act, NMSA 1978, Sections
				  74-2-1 et seq., including
				  specifically, Subsections (A), (B) and ( D) of Section
				  74-2-5. Subsection ( D) of Section
				  74-2-5 provides that "regulations
				  adopted by the environmental improvement board may prescribe standards of
				  performance for sources and emissions standards for hazardous air
				  pollutants..."
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 82 - MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY STANDARDS FOR SOURCE CATEGORIES OF HAZARDOUS AIR POLLUTANTS › Section 20.2.82.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Permanent.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 82 - MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY STANDARDS FOR SOURCE CATEGORIES OF HAZARDOUS AIR POLLUTANTS › Section 20.2.82.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 27, 1994, except where a later date is cited at the
				  end of a section or paragraph.
[The latest effective date of any section in this part is
				  12/19/13]
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 82 - MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY STANDARDS FOR SOURCE CATEGORIES OF HAZARDOUS AIR POLLUTANTS › Section 20.2.82.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part is to adopt or establish state
				  authority to implement emission standards for hazardous air pollutants for the
				  source categories in New Mexico subject to federal standards. The United States
				  environmental protection agency requires New Mexico to adopt such standards in
				  order to implement requirements in Section 112 of the Clean Air
				  Act.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 82 - MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY STANDARDS FOR SOURCE CATEGORIES OF HAZARDOUS AIR POLLUTANTS › Section 20.2.82.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
[Reserved]
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 82 - MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY STANDARDS FOR SOURCE CATEGORIES OF HAZARDOUS AIR POLLUTANTS › Section 20.2.82.8 - ADOPTION OF 40 CFR PART 63

Current through Register Vol. 35, No. 13, July 16, 2024
Except as otherwise provided in Section
				  20.2.82.10 NMAC (below), the
				  national emission standards for hazardous air pollutants for source categories
				  as promulgated by the United States environmental protection agency, 40 CFR
				  Part 63 , as amended in the Federal Register through June 28, 2023 are hereby
				  incorporated into this part (20.2.82 NMAC).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 82 - MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY STANDARDS FOR SOURCE CATEGORIES OF HAZARDOUS AIR POLLUTANTS › Section 20.2.82.9 - SOURCES SUBJECT TO 40 CFR 63.40 - 63.44 OF SUBPART B (CONSTRUCTED AND RECONSTRUCTED MAJOR SOURCES OF HAZARDOUS AIR POLLUTANTS)

Current through Register Vol. 35, No. 13, July 16, 2024
The owner or operator of a source subject to these
				  provisions, that will be constructing or reconstructing after June 29, 1999,
				  shall not construct or reconstruct unless:
A. the source has received a maximum
				achievable control technology (MACT) determination and approval from the
				department under this part; and
B.
				the MACT determination and approval has been incorporated into a permit under
				20.2.72 NMAC - Construction Permits or 20.2.70 NMAC - Operating
				Permits.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 82 - MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY STANDARDS FOR SOURCE CATEGORIES OF HAZARDOUS AIR POLLUTANTS › Section 20.2.82.10 - MODIFICATIONS AND EXCEPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The following modifications or exceptions are made to the
				  incorporated federal standards:
A.
				general provisions: amend 40 CFR Part 63, Subpart A - General Provisions,
				Section 63.2, Definitions, as follows: For the purposes of delegation of
				authority which the administrator of the United States environmental protection
				agency may, at the administrator's discretion, delegate to the secretary of the
				New Mexico environment department, "administrator" means the secretary or the
				secretary's authorized representative.
B. variances: the federal emission standards
				incorporated by this part shall not be subject to NMSA 1978, Section
				74-2-8(Variances).
C. constructed
				and reconstructed major sources: the effective date for incorporation of
				40 CFR
				63.40 -
				63.44
				of Subpart B under
				20.2.82.8
				NMAC shall be June 29, 1999.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 82 - MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY STANDARDS FOR SOURCE CATEGORIES OF HAZARDOUS AIR POLLUTANTS › Section 20.2.82.11 - DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Documents incorporated and cited in this part may be viewed
				  at the New Mexico environment department, air quality bureau.
[As of April 2013, the air quality bureau is located at 525
				  Camino de los Marquez, Suite 1, Santa Fe NM, 87505]
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 84 - ACID RAIN PERMITS › Section 20.2.84.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The environmental improvement board "shall promulgate
				  regulations and standards in...air quality management" (NMSA 1978, Section
				  74-1-8.A) and
				  "regulations adopted by the environmental improvement board...shall...ensure
				  that regulations and standards under...the federal act will not be violated."
				  (NMSA 1978, Section
				  74-2-7.B).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 84 - ACID RAIN PERMITS › Section 20.2.84.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 16, 1995, unless a later date is cited at the end of a
				  section.
[The latest effective date of any section in this Part is
				  June 15, 2007]
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 84 - ACID RAIN PERMITS › Section 20.2.84.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish permitting
				  required by 40 CFR Part 72, and to fulfill state requirements that accommodate
				  the implementation of the federal acid rain program, which is designed to
				  control acid deposition at the national level.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 84 - ACID RAIN PERMITS › Section 20.2.84.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
"affected source" has the meaning given to that term in the
				  federal regulations promulgated under Title IV of the federal act, and includes
				  all sources subject to Title IV of the federal Act.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 84 - ACID RAIN PERMITS › Section 20.2.84.8 - ADOPTION BY REFERENCE OF FEDERAL ACID RAIN PERMITTING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Except as otherwise provided in
				  20.2.84.10
				  NMAC, the portions of the federal acid rain program promulgated by the United
				  States environmental protection agency under 40 CFR Part 72 (including all
				  portions of Parts 73, 74, 75, 77 and 78 referenced therein) and 76, and amended
				  in the federal register through May 18, 2005, to implement Sections 407
				  (nitrogen oxides emission reduction program), 408 (permits and compliance
				  plans) and 412 (monitoring, reporting and recordkeeping requirements) of the
				  federal act, are hereby incorporated into this part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 84 - ACID RAIN PERMITS › Section 20.2.84.9 - DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Documents incorporated and cited in this part may be viewed
				  at the New Mexico environment department, air quality bureau, Harold Runnels
				  building, 1190 St. Francis drive, Santa Fe, NM 87503.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 84 - ACID RAIN PERMITS › Section 20.2.84.10 - MODIFICATIONS AND EXCEPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The following modifications or exceptions are made to the
				  incorporated federal rules:
A. for
				purposes of this part, the term "permitting authority" shall mean the
				department; and
B. requirements
				imposed on affected sources under the federal Act shall not be subject to NMSA
				1978, Section
				74-2-8
				[Variances].
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 86 - BEST AVAILABLE CONTROL TECHNOLOGY FOR MERCURY AT NEW POWER PLANTS › Section 20.2.86.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons who operate or intend to construct a coal-fired
				  power plant within the jurisdiction of the environmental improvement board,
				  except those coal-fired power plants constructed and generating electric power
				  and energy before July 1, 2007.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 86 - BEST AVAILABLE CONTROL TECHNOLOGY FOR MERCURY AT NEW POWER PLANTS › Section 20.2.86.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Environmental Improvement Act, NMSA 1978, Section
				  74-1-8(A)(4), and Air Quality Control Act, NMSA 1978, Sections
				  74-2-1 et
				  seq., including specifically, Section 74-2-5(C)(4).
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 86 - BEST AVAILABLE CONTROL TECHNOLOGY FOR MERCURY AT NEW POWER PLANTS › Section 20.2.86.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
02/10/08 except where a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 86 - BEST AVAILABLE CONTROL TECHNOLOGY FOR MERCURY AT NEW POWER PLANTS › Section 20.2.86.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part is to require implementation of
				  mercury emission control strategies for coal-fired power plants subject to this
				  part.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 86 - BEST AVAILABLE CONTROL TECHNOLOGY FOR MERCURY AT NEW POWER PLANTS › Section 20.2.86.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the terms defined in 20.2.2 NMAC (Definitions)
				  and 20.2.74 NMAC (Permits - Prevention of Significant Deterioration (PSD)), as
				  used in this part, the following definitions apply.
A. "Best available control technology (BACT)"
				means an emissions limitation as defined in 20.2.74 NMAC (Permits - Prevention
				of Significant Deterioration (PSD)).
B. "Coal" means any solid fuel classified as
				anthracite, bituminous, subbituminous, or lignite by the American society of
				testing and materials (ASTM) standard specification for classification of coals
				by rank D388-77, 90, 91, 95, 98a or 99 (Reapproved 2004).
C. "Coal-fired" means combusting any of coal
				or coal-derived fuel, alone or in combination with any amount of any other
				fuel.
D. "Control strategy" means
				equipment, processes or actions used to reduce air pollution.
E. "Control strategy selection report" means
				a report completed as a component of a 20.2.72 NMAC, 20.2.74 NMAC or 20.2.79
				NMAC permit application that shall be submitted by the applicant to the
				department pursuant to 20.2.86.104 NMAC.
F. "Input fuel" means fuel used in a
				stationary coal-fired boiler or stationary coal-fired combustion turbine to
				generate electricity.
G. "Operator"
				means any person who operates, controls, or supervises a power plant or a
				facility that includes a power plant and shall include, but not be limited to,
				any holding company, utility system, or plant manager of such power
				plant.
H. "Owner" means any of the
				following persons:
(1) any holder of any
				portion of the legal or equitable title in a power plant;
(2) any holder of a leasehold interest in a
				power plant; or
(3) any purchaser
				of power from a power plant under a life-of-the-unit firm power contractual
				arrangement; provided that, unless expressly provided for in a leasehold
				agreement, owner shall not include a passive lessor, or a person who has an
				equitable interest through such lessor, whose rental payments are not based
				(either directly or indirectly) on the revenues or income from such power
				plant.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 86 - BEST AVAILABLE CONTROL TECHNOLOGY FOR MERCURY AT NEW POWER PLANTS › Section 20.2.86.8 - DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Documents incorporated and cited in this part may be viewed
				  at the New Mexico environment department air quality bureau offices in Santa
				  Fe.
[The current address for the New Mexico environment
				  department air quality bureau is 1301 Siler Road, Building B, Santa Fe, NM
				  87507]