N.M. Code R. § 20.11.61.2

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

Section 20.11.61.2 - SCOPE

Any person constructing any new major stationary source or major modification, as defined in 20.11.61 NMAC, that emits or will emit regulated new source review (NSR) pollutants in an attainment or unclassifiable area shall obtain a permit from the department in accordance with the requirements of 20.11.41 NMAC, Authority-to-Construct, and 20.11.61 NMAC prior to the construction or modification.

A. Exempt:

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

(2) each regulated NSR pollutant emitted by a source or modification located in a nonattainment area for that pollutant;

(3) after a public hearing, consistent with the public notice and participation provisions of 20.11.41 NMAC, Authority-to-Construct, the board may exempt major stationary sources or major modifications if:

(a) the major stationary source would be a nonprofit health or nonprofit educational institution, or a major modification that would occur at such an institution; or

(b) the source or modification is a portable stationary source which has previously received a permit pursuant to 20.11.61 NMAC if:

(i) the owner or operator proposes to relocate the source, and emissions from the source at the new location would be temporary; and

(ii) the emissions from the source would not exceed its allowable emission rate; and

(iii) the emissions from the source would not impact any federal class I area nor any area where an applicable increment is known to be violated; and

(iv) reasonable notice is given to the department prior to the relocation identifying the proposed new location and the probable duration of operation at the new location; such notice shall be given to the department not less than 10 days in advance of the proposed relocation unless a different time duration is previously approved by the department;

(4) sources or modifications that would be major only if quantifiable fugitive emissions are considered in calculating the potential to emit, and the source does not belong to:

(a) any category in Table 1 of 20.11.61.26 NMAC; or

(b) any other stationary source category which as of August 7, 1980, is being regulated under Section 111 or 112 of the act.

B. Variances: The director may grant a variance to any person constructing a major stationary source or major modification from the federal class I maximum allowable increases consistent with the requirements listed in 40 CFR 52.21(p)(5).

N.M. Code R. § 20.11.61.2

20.11.61.2 NMAC - Rp, 20.11.61.2 NMAC, 1/23/06; A, 8/30/10; A, 5/13/13