New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD › Part 41 - CONSTRUCTION PERMITS › Section 20.11.41.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the definitions in 20.11.41 NMAC, the
				  definitions in 20.11.1 NMAC apply unless there is a conflict between
				  definitions, in which case the definition in 20.11.41 NMAC shall govern.
A. "Act" or "state act" means the New Mexico
				Air Quality Control Act, Chapter 74, Article 2 NMSA 1978.
B. "Administrative permit revision" or
				"administrative revision" means a revision to a construction permit for a
				source that is requested and approved pursuant to Subsection A of 20.11.41.28
				NMAC.
C. "Air contaminant" or
				"contaminant" means a substance, including particulate matter, fly ash, dust,
				fumes, gas, mist, smoke, vapor, micro-organisms, radioactive material, any
				combination thereof or any decay or reaction product thereof.
D. "Air pollutant", "pollutant", "air
				pollution" or "pollution" means the emission, except emission that occurs in
				nature, into the outdoor atmosphere of one or more air contaminants in
				quantities and of a duration that may with reasonable probability injure human
				health or animal or plant life or as may unreasonably interfere with the public
				welfare, visibility or the reasonable use of property.
E. "Air pollution control equipment" means
				any device, equipment, process or combination thereof the operation of which
				would limit, capture, reduce, confine, or otherwise control air contaminants or
				convert for the purposes of control any air contaminant to another form,
				another chemical or another physical state.
F. "Ambient air" means the outdoor
				atmosphere, but does not include the area entirely within the geographical
				boundaries of the source from which the air contaminants are, or may be,
				emitted and where public access is restricted within the boundaries.
G. "Applicable requirement" means any of the
				following, and includes requirements that have been promulgated or approved by
				the board or EPA through rulemaking:
(1) any
				standard or other requirement provided in the New Mexico state implementation
				plan approved by EPA, or promulgated by EPA through rulemaking, under Title I
				of the federal act, including Parts C or D;
(2) any term or condition of a construction
				permit issued pursuant to regulations approved or promulgated through
				rulemaking under Title I of the federal act, including Parts C or D;
(3) any standard or other requirement:
(a) under Section 111 or 112 of the federal
				act;
(b) of the acid rain program
				under Title IV of the federal act or the regulations promulgated
				thereunder;
(c) governing solid
				waste incineration under Section 129 of the federal act;
(d) that applies to consumer and commercial
				products under Section 183(e) of the federal act; or
(e) of the regulations promulgated to protect
				stratospheric ozone under Title VI of the federal act, unless the EPA
				administrator has determined that the requirements need not be contained in a
				Title V permit;
(4) any
				requirements established pursuant to Section 504(b) or Section 114(a)(3) of the
				federal act;
(5) any national or
				New Mexico ambient air quality standard;
(6) any increment or visibility requirement
				under Part C of Title I of the federal act applicable to temporary sources
				permitted pursuant to Section 504(e) of the federal act; and
(7) any regulation adopted by the board in
				accordance with the city of Albuquerque and county of Bernalillo joint air
				quality control board ordinances pursuant to the Air Quality Control Act, and
				the laws and regulations in effect pursuant to the Air Quality Control
				Act.