N.M. Code R. § 20.11.2.2

Current through Register Vol. 35, No. 12, June 25, 2024

Section 20.11.2.2 - SCOPE

A. Applicability:

(1) every person required to submit a source registration application pursuant to 20.11.40 NMAC, Source Registration or other board regulation;

(2) except for sources subject to 20.11.42 NMAC, Operating Permits, every person required to submit a permit application pursuant to 20.11.20 NMAC, Fugitive Dust Control; 20.11.41 NMAC, Authority to Construct; 20.11.60 NMAC, Permitting in Nonattainment Areas; 20.11.61 NMAC, Prevention of Significant Deterioration; or other board regulation;

(3) every person with a valid source registration or permit issued pursuant to 20.11.20 NMAC; 20.11.40 NMAC; 20.11.41 NMAC; 20.11.42 NMAC; 20.11.60 NMAC; 20.11.61 NMAC; or other board regulation;

(4) every person who submits a permit modification pursuant to 20.11.41 NMAC, Authority to Construct; 20.11.60 NMAC, Permitting in Nonattainment Areas; or 20.11.61 NMAC, Prevention of Significant Deterioration;

(5) every person who submits a technical permit revision pursuant to 20.11.41 NMAC, Authority to Construct;

(6) every person who submits an administrative revision to either a source registration issued pursuant to 20.11.40 NMAC, Source Registration, or a permit issued pursuant to 20.11.41 NMAC, Authority to Construct;

(7) every person required to submit a notification regarding removal of regulated asbestos containing material pursuant to 20.11.64 NMAC, Emission Standards for Hazardous Air Pollutants for Stationary Sources;

(8) every person who submits a request for a variance pursuant to 20.11.7 NMAC, Variance Procedure;

(9) every person who submits a request for a hearing before the board unless otherwise exempted; and

(10) every person who submits a request for professional or administrative services or copies of public records.

B. Exempt: 20.11.2 NMAC does not apply to:

(1) sources within Bernalillo county that are located on Indian lands over which the Albuquerque - Bernalillo county air quality control board lacks jurisdiction;

(2) requests for rulemaking hearings filed pursuant to 20.11.82 NMAC; and

(3) requests for hearings regarding decisions made by the vehicle pollution management program manager or designee concerning suspension or revocation of air care station certifications or air care inspector certifications.

C. Variance: Any person may request a timely variance from the requirements of 20.11.2 NMAC in accordance with 20.11.7 NMAC, Variance Procedures, unless prohibited by a federal, state or local law or regulation.

N.M. Code R. § 20.11.2.2

20.11.2.2 NMAC - Rp, 20 NMAC 11.02.I.2 & 20 NMAC 11.02.I.8, 7/1/2001; A, 3/1/04; A, 1/10/11