N.M. Code R. § 20.2.90.7

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

Section 20.2.90.7 - DEFINITIONS

As used in this part, the following definitions apply. Terms defined in the act or regulations and not defined in this part are used consistent with the meanings provided in the act or regulations.

A. "Act" means the Air Quality Control Act, NMSA 1978, Sections 74-2-1 to 74-2-17.

B. "Air quality regulations" or "regulations" mean the air quality (statewide) regulations compiled at 20.2 NMAC.

C. "Department" means the New Mexico environment department.

D. "Division" means the environmental protection division of the department.

E. "Field citation" means a written document issued by the division alleging a minor violation that sets forth the nature of the alleged minor violation and, if applicable, an assessment of a penalty.

F. "Hearing officer" means the individual appointed by the secretary to conduct a proceeding under this part.

G. "Minor violation" means an failure of a person to comply with any requirement or condition of any applicable provision of the Air Quality Control Act, air quality regulations, or a permit issued under the act or regulations that, with the exception of minor violations of 20.2.60 NMAC, Open Burning, and 20.2.65 NMAC, Smoke Management, meets all of the following criteria:

(1) does not result in or contribute to, an increase in emissions of any air contaminant;

(2) does not cause an increase in emissions of any toxic air contaminant in excess of any emission standard or limitation or other state or federal requirement that is applicable to that toxic air contaminant;

(3) does not cause or contribute to the violation of any state or federal ambient air quality standard; and

(4) does not hinder the ability of the department to determine compliance with any other applicable air quality state or federal law, rule, regulation, information request, order, variance, permit, or other requirement.

H. "Party" means the appellant and the division.

I. "Person" means an individual, entity, source, facility, business or company.

J. "Secretary" means the secretary of the department, or any person who assumes the role of secretary for purposes of this part in the event of the secretary's disqualification, recusal or delegation of authority to another person.

N.M. Code R. § 20.2.90.7

20.2.90.7 NMAC - N, 12/12/08