N.M. Code R. § 20.2.72.402

Current through Register Vol. 35, No. 11, June 11, 2024

Section 20.2.72.402 - APPLICABILITY

A. All the requirements of 20.2.72.400 NMAC - 20.2.72.499 NMAC for toxic air pollutants shall supplement other provisions of this Part (20.2.72 NMAC).

B. A permit must be obtained from the Department by any person prior to the construction or modification of a new source which has total potential emissions of a toxic air pollutant into the ambient air that exceed the emission level in pounds per hour specified in 20.2.72.502 NMAC, and one or more of the following conditions are met:

(1) The toxic air pollutant is listed under applicable primary and secondary SIC codes appropriate for the source in the US EPA SIC/Pollutant Index (Appendix C of EPA-450/4-86-010 ); or

(2) The toxic air pollutant is known by the owner or operator to be emitted into the ambient air because of:

(a) Information from material safety data sheets and hazard labelling required under the OSHA Hazard Communications Standard 29 CFR 1910.1200, or

(b) Information from reports required under the Federal Emergency Planning and Community Right-to-Know Act of 1986, P.L. 99-499, Title III, Sections 300-330, or

(c) Other information reasonably available to the owner or operator based on the source's obligations under other regulatory programs; or

(3) The toxic air pollutant is identified by the Department on or before the date the application is determined to be complete, as likely to be emitted from a source. The Department shall also provide the owner or operator a reasonable basis to support the belief that the source will emit such toxic air pollutant.

C. The following classes of sources are exempt from the permitting requirements for toxic air pollutants:

(1) Gasoline Service Stations - SIC No. 5441

(2) Automotive Repair Shops - SIC No. 753

(3) Laundry, Cleaning, and Garment Services - SIC No. 721

(4) Domestic Woodstoves and Fireplaces

(5) Oil and Gas Production Facilities

(6) Agricultural Production - Crops, SIC No. 01

(7) Agricultural Production - Livestock, SIC No. 02

(8) Agricultural Services - SIC No. 07

(9) Containers, such as tanks, barrels, drums, cans and buckets, unless equipped with a vent that emits or may emit any toxic air pollutant, which are used in connection with the operation, maintenance or repair of a stationary source.

(10) Non-process fugitive emissions of toxic air pollutants from stationary sources, such as construction sites, unpaved roads, coal piles, tailings piles, waste piles, and fuel and ash handling operations.

D. An exemption or exclusion from the permitting requirements for toxic air pollutants does not relieve a source from any other requirements in this Part (20.2.72 NMAC).

N.M. Code R. § 20.2.72.402

11/30/95