N.M. Code R. § 20.2.74.201

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

Section 20.2.74.201 - EXEMPTIONS

This Part shall not apply to:

A. Each regulated pollutant emitted for which the area the source proposes to locate in is designated as nonattainment;

B. Sources or modifications that are part of a nonprofit health or nonprofit educational institution and are approved by the Secretary;

C. A portable stationary source which has previously received a permit pursuant to this Part; and

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

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

(3) The emissions from the source would not impact any Class I Federal area nor any area where an applicable increment is known to be violated; and

(4) Reasonable notice is given to the Department prior to the relocation identifying the proposed new location and probable duration of operation at the new location. Such notice shall be given to the Department not less than ten (10) days in advance of the proposed relocation unless a different time interval is previously approved by the Department;

D. A source or modification that would be major only if fugitive emissions, to the extent they are quantifiable, are considered in calculating the potential to emit or net emissions increase, and the source does not belong to:

(1) Any category in Table 1 of this Part (20.2.74.501 NMAC); or

(2) Any other stationary source category which as of August 7, 1980 is being regulated under section 111 or 112 of the Act.

N.M. Code R. § 20.2.74.201

07/20/95; 20.2.74.201 NMAC - Rn, 20 NMAC 2.74.201, 10/31/02