N.M. Code R. § 20.11.43.2

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

Section 20.11.43.2 - SCOPE

This Part applies to sources with emission stacks, which are located in Bernalillo County, New Mexico.

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. Existing Stacks: The provisions of 20.11.43.13 NMAC shall not apply to:

(1) 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 Clean Air Act (CAA) 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;

(2) coal fired steam electric generating units subject to the provisions of Section 118 of the CAA, which commenced operation before July 1, 1957 and the stacks were constructed under a contract awarded before February 8, 1974.

N.M. Code R. § 20.11.43.2

3/16/89. . .12/1/95; 20.11.43.2 NMAC - Rn, 20 NMAC 11.43.I.2, 10/1/02