New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 2 - AIR QUALITY (STATEWIDE) › Part 70 - OPERATING PERMITS › Section 20.2.70.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the terms defined in 20.2.2 NMAC
				  (definitions), as used in this part the following definitions shall
				  apply.
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 of the
				federal act.
B. "Affected programs"
				means all states, local air pollution control programs, 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 particular 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 a Part 70 source or to an emissions unit at a Part
				70 source (including requirements that have been promulgated or approved by the
				board or US 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 US EPA, or promulgated by US 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 preconstruction 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 governing solid waste incineration under Section 129 of the
				federal act.
(8) Any standard or
				other requirement for consumer and commercial products under Section 183(e) of
				the federal act.
(9) Any standard
				or other requirement for tank vessels under Section 183(f) of the federal
				act.
(10) 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.
(11) Any national ambient air quality
				standard.
(12) 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.
(13) Any regulation
				adopted by the board pursuant to the New Mexico Air Quality Control Act,
				Section 74-2-5(B) NMSA 1978.