N.M. Code R. § 20.11.72.8

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

Section 20.11.72.8 - [Effective 1/1/2025] OVERBURDENED AREA REQUIREMENTS

A. The City of Albuquerque Environmental Health Department (department) shall, in consultation with the public and using the latest and best available science and data on health and the environment, develop a GIS map, along with map layers displaying environmental factors, health indicators, and social determinants of health indicators, representing overburdened areas in Bernalillo County.

B. The department shall publish and provide public notice of the overburdened areas map developed per Subsection A of 20.11.72.8 NMAC by January 1, 2025 and, for purposes of 20.11.72 NMAC, the map shall go into effect on July 1, 2025. The department may make minor adjustments to correct errors and for other significant concerns based on public input per Subsections A & B of 20.11.72.9 NMAC in the six months before the overburdened area map goes into effect.

C. The department shall require every new or modified stationary source subject to permitting under 20.11.41 NMAC, 20.11.60 NMAC, or 20.11.61 NMAC that is located, or proposed to be located, in or within a one-mile radius of an overburdened area, as indicated by the overburdened areas map in effect as of the permit application date, to apply BACT even if the new or modified stationary source is not a major stationary source.

D. The department shall require BACT for new or modified stationary sources throughout Bernalillo County that emit any one, or combination of, the following fifteen hazardous air pollutants (HAPs): acetaldehyde, acrolein, benzene, 1,3-butadiene, carbon tetrachloride, ethyl benzene, ethylene oxide, formaldehyde, hydrochloric acid, methyl bromide, methylene chloride, naphthalene, toluene, vinyl chloride, and xylenes.

E. The department shall, in consultation with the public and using the latest and best available science on health and the environment, update its overburdened areas map when a change in circumstances warrant or at a minimum of every five years using data from the following on-line sources: U.S. Census Bureau's American Community Survey (ACS) 5-Year Data, U.S. Environmental Protection Agency's Environmental Justice (EJ) Screen, and New Mexico Department of Health's New Mexico Indicator Based Information System (NMIBIS), and provide notice to potentially regulated entities at least six months before an updated overburdened areas map goes into effect.

N.M. Code R. § 20.11.72.8

Adopted by New Mexico Register, Volume XXXV, Issue 01, January 16, 2024, eff. 1/1/2025