N.M. Code R. § 20.11.22.2

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

Section 20.11.22.2 - SCOPE

This Part is applicable to woodburning sources within Bernalillo County.

A. Exempt: This Part does not apply to sources within Bernalillo County, which are located on Indian lands over which the Albuquerque/Bernalillo County Air Quality Control lacks jurisdiction.

B. Case-by-Case Exceptions: The following exemptions may be granted by the Director.

(1) A sole source exemption if the Director determines that a solid fuel heating device is the sole source of heat for the building in which it is situated. New sole source exemptions shall not be issued after December 31, 1990 unless approved in writing by the Director for good cause. Sole source exemptions issued prior to December 31, 1990 may be renewed annually.

(2) A temporary exemption for a specified period in the event of failure of the oil, natural gas, electricity or propane heating system.

(3) An economic or health exemption for economic or health reasons if the Director determines that the applicant qualifies for financial assistance according to the economic guidelines established under the Food Stamps, Medicaid or low income energy assistance programs as administered by the Income Support Division of the New Mexico Human Services Department, or equivalent program, as determined by the Director, or if the Director determines that failure to grant an exemption would endanger the health of the applicant.

C. Exemption Conditions: In no event shall an exemption be issued for more than 150 days. All exemptions shall be effective for only one no-burn season, unless a different period is specified in the exemption. An exemption only exempts a person from the requirements of Section 20.11.22.13 NMAC; a person holding an exemption must comply with all other provisions of this Part. An exemption may include conditions, which will be established by the Director and will be stated in the exemption. A violation of an exemption condition is a violation of this Part and also may be cause for revocation of the exemption by the Director. Each person seeking an exemption shall do so by filing an acceptable written application with the Director on the form required by the Director. Applications shall include:

(1) the applicant's name and mailing address;

(2) the address for which the exemption is sought;

(3) the reasons for seeking the exemption; and

(4) the supporting documentation required by the Director to verify the applicant's qualification for an exemption.

D. Following receipt of the application for exemption, the Director shall either grant the exemption, grant the exemption subject to conditions, or deny the exemption. The applicant shall be notified in writing of the decision of the Director.

E. In the event an applicant for an exemption is not satisfied with the Director action, the decision may be appealed to the Board. Such appeal shall be in writing and shall be submitted to the Director within 15 days after the Director mails or delivers the decision letter to the applicant of the Director's decision. The appeal shall be considered by the Board at the next regularly scheduled business meeting at which a quorum is present. The decision of the Board shall be final.

N.M. Code R. § 20.11.22.2

11/27/91. . .12/1/95; 20.11.22.2 NMAC - Rn, 20 NMAC 11.22.I.2, 10/1/02