N.M. Code R. § 20.11.81.2

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

Section 20.11.81.2 - SCOPE

A. 20.11.81 NMAC governs the following adjudicatory proceedings of the board, which are proceedings in which the board makes final, binding determinations that directly affect legal rights:

(1) petitions for hearings on the merits before the board made by permit applicants, permittees or other persons who participated in a permitting action before the department and who are adversely affected by the permitting action, as provided by the New Mexico Air Quality Control Act, Subsection H of Section 74-2-7 NMSA 1978; and

(2) any other adjudicatory proceeding subject to the jurisdiction of the board if the applicable board regulation establishes that 20.11.81 NMAC applies to the proceeding.

B. 20.11.81 NMAC does not govern the adjudicatory proceedings of the board regarding:

(1) administrative enforcement actions initiated pursuant to Air Quality Control Act 74-2-12 NMSA 1978, entitled "Enforcement; compliance orders; field citations", and any administrative enforcement action that is governed by the administrative enforcement provisions of another regulation adopted by the board;

(2) petitions for variance and related stays, which are governed by 20.11.7 NMAC, Variance Procedure; and

(3) adoption of, amendment to, and repeal of board regulations as authorized by 74-2-6 NMSA 1978, which are governed by rulemaking provisions of another regulation adopted by the board.

C. Exempt: 20.11.81 NMAC does not apply to sources within Bernalillo county that are located on Indian lands over which the board lacks jurisdiction.

N.M. Code R. § 20.11.81.2

20.11.81.2 NMAC - N, 12/16/06