TITLE 20 ENVIRONMENTAL PROTECTION
CHAPTER 11 ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD
PART 1 GENERAL PROVISIONS
18.104.22.168 ISSUING AGENCY: Albuquerque - Bernalillo County Air Quality Control Board. P.O. Box 1293, Albuquerque, NM 87103. Telephone: (505) 768-2601.
[6/14/71. . .12/1/95; 22.214.171.124 NMAC - Rn, 20 NMAC 11.01.I.1, 10/1/02; A, 9/14/09]
A. 20.11.1 NMAC is applicable within Bernalillo county.
B. Exempt: 20.11.1 NMAC does not apply to sources within Bernalillo county, which are located on Indian lands over which the Albuquerque - Bernalillo county air quality control board lacks jurisdiction.
[12/1/95. . .8/1/96; 126.96.36.199 NMAC - Rn, 20 NMAC 11.01.I.2, 10/1/02; A, 9/14/09]
188.8.131.52 STATUTORY AUTHORITY: 20.11.1 NMAC is adopted pursuant to the authority provided in the New Mexico Air Quality Control Act, NMSA 1978 Sections 74-2-4, 74-2-5.C; the Joint Air Quality Control Board Ordinance, Bernalillo County Ordinance 94-5 Sections 3 & 4; the Joint Air Quality Control Board Ordinance, Revised Ordinances of Albuquerque 1994 Sections 9-5-1-3 & 9-5-1-4.
[6/14/71. . .12/1/95; 184.108.40.206 NMAC - Rn, 20 NMAC 11.01.I.3, 10/1/02; A, 7/1/04; A, 9/14/09]
220.127.116.11 DURATION: Permanent.
[12/1/95; 18.104.22.168 NMAC - Rn, 20 NMAC 11.01.I.4, 10/1/02]
22.214.171.124 EFFECTIVE DATE: December 1, 1995, unless a later date is cited at the end of a section. The effective date of a specific section is located at the end of that section within the historical brackets. As required by the New Mexico Air Quality Control Act, Chapter 74, Article 2, Section 6 NMSA 1978, no regulation or emission control requirement or amendment thereto, or repeal thereof, shall become effective until 30 days after its filing under the State Rules Act, Chapter 14, Article 4 NMSA 1978.
[12/1/95. . .8/1/96; 126.96.36.199 NMAC - Rn, 20 NMAC 11.01.I.5 & A, 10/1/02; A, 12/1/03; A, 7/1/04; A, 9/14/09]
188.8.131.52 OBJECTIVE: To provide definitions which are generally applicable to Albuquerque - Bernalillo county air quality control board regulations.
[12/1/95; 184.108.40.206 NMAC - Rn, 20 NMAC 11.01.I.6 & A, 10/1/02; A, 7/1/04; A, 9/14/09]
220.127.116.11 DEFINITIONS: The definitions of 20.11.1 NMAC apply unless there is a conflict between definitions in other parts, in which case the definition found in the applicable part shall govern. The definitions include the measurements, abbreviations, and acronyms in Subsection GGGG, of 18.104.22.168 NMAC.
A. “Abnormal operating conditions” means the startup or shutdown of air pollution control device(s) or process equipment.
B. “Administrator” means the administrator of the United States environmental protection agency or his or her designee.
C. “Affected source” or “facility” means any stationary source, or any other source of air pollutants, that must comply with an applicable requirement.
D. “Air agency”, “department” or “EHD” means the environmental health department (EHD) of the city of Albuquerque. The EHD, or its successor agency or authority, as represented by the department director or his/her designee, is the lead air quality planning agency for the Albuquerque - Bernalillo county nonattainment/maintenance area. The EHD serves as staff to the Albuquerque - Bernalillo county air quality control board, (A-BC AQCB), and is responsible for the administration and enforcement of the A-BC AQCB regulations.
E. “Air contaminant” or “air pollutant” means an air pollution agent or combination of such agents, including any physical, chemical, biological, radioactive (including source material, special nuclear material, and byproduct material) substance or matter which is emitted into or otherwise enters the ambient air. Such term includes any precursors to the formation of any air pollutant; to the extent the EPA has identified such precursor or precursors for the purpose for which the term "air pollutant" is used. This excludes water vapor, nitrogen (N2), oxygen (O2), and ethane.
F. “Air pollution” means the emission, except as such emission occurs in nature, into the outdoor atmosphere of one or more air contaminants in such quantities and duration as may with reasonable probability injure human health, animal or plant life, or as may unreasonably interfere with the public welfare, visibility or the reasonable use of property.
G. “Air quality control act” means the State of New Mexico Air Quality Control Act, Chapter 74, Article 2, NMSA 1978 as amended.
H. “Air quality control board”, “board” or “A-BC AQCB” means the Albuquerque - Bernalillo county air quality control board, which is empowered by federal act, the Air Quality Control Act, and ordinances, to prevent or abate air pollution within the boundaries of Bernalillo county, except for Indian lands over which the board lacks jurisdiction.
I. “Allowable emissions” means:
(1) Any department or federally enforceable permit term or condition which limits the quantity, rate, or concentration of emissions of air pollutants on a continuous basis, including any requirements which limits the level of opacity, prescribe equipment, set fuel specifications, or prescribe operation or maintenance procedures for a source to assure continuous reduction that are requested by the applicant and approved by the department or, determined at the time of issuance or renewal of a permit to be an applicable requirement.
(2) Any federally enforceable emissions cap that the permittee has assumed to avoid an applicable requirement to which the source would otherwise be subject.
J. “Ambient” means that portion of the atmosphere, external to buildings, to which the general public has access.
K. “Applicable requirement” means any of the following (and includes requirements that have been promulgated or approved by the board or EPA through rulemaking):
(1) any standard or other requirement provided for in the New Mexico state implementation plan approved by EPA, or promulgated by EPA through rulemaking, under Title I, including Parts C or D, of the federal act;
(2) any term or condition of any pre-construction permit issued pursuant to regulations approved or promulgated through rulemaking under Title I, including parts C or D, of the federal act;
(3) any standard or other requirement:
(a) under Section 111 or 112 of the federal act;
(b) of the acid rain program under Title IV of the federal act or the regulations promulgated thereunder;
(c) governing solid waste incineration under Section 129 of the federal act;
(d) for consumer and commercial products under Section 183(e) of the federal act;
(e) of the regulations promulgated to protect stratospheric ozone under Title VI of the federal act, unless the administrator has determined that such requirements need not be contained in a Title V permit;
(4) any requirements established pursuant to Section 504(b) or Section 114(a)(3) of the federal act;
(5) any national or state ambient air quality standard;
(6) any increment or visibility requirement under Part C of Title I of the federal act applicable to temporary sources permitted pursuant to Section 504(e) of the federal act;
(7) any regulation adopted by the board in accordance with the joint air quality control board ordinances pursuant to the Air Quality Control Act, and the laws and regulations in effect pursuant to the Air Quality Control Act.
L. “Breakdown or upset” means any sudden, infrequent, and not reasonably preventable failure of air pollution control equipment, or process equipment, which causes a process to not operate in a normal manner. Failures that are caused by process imbalance, poor maintenance or careless operation are not breakdowns.
M. “Carbon monoxide” or “CO” means a colorless, odorless, poisonous gas composed of molecules containing a single atom of carbon and a single atom of oxygen with a molecular weight of 28.01 g/mole.
N. “Chemical process” means any manufacturing processing operation in which one or more changes in chemical composition or chemical properties are involved.
O. “Coal burning equipment” means any device used for the burning of coal for the primary purpose of producing heat or power by indirect heat transfer in which the products of combustion do not come into direct contact with other materials.
P. “Commenced” means that an owner or operator has undertaken a continuous program of construction or that an owner or operator has entered into a binding agreement or contractual obligation to undertake and complete, within a reasonable time, a continuous program of construction or modification.
Q. “Construction” means fabrication, erection, or installation of an affected facility.
R. “Crematory” means any combustion unit designed and used solely for cremating human or animal remains or parts and tissues thereof, and other items normally associated with the cremation process, but not including pathological waste.
S. “Department” means the Albuquerque environmental health department, which is the administrative agency of the Albuquerque - Bernalillo county air quality control board.
T. “Director” means the administrative head of the Albuquerque environmental health department or a designated representative(s).
U. “Emission limitation or standard” means a requirement established by EPA, the state implementation plan (SIP), the Air Quality Control Act, local ordinance, permit, or board regulation, that limits the quantity, rate or concentration, or combination thereof, of emissions of regulated air pollutants on a continuous basis, including any requirements relating to the operation or maintenance of a source to assure continuous reduction.
V. “EPA” means the United States environmental protection agency or the EPA's duly authorized representative.
W. “Excess emissions” means the emission of an air contaminant, including a fugitive emission, in excess of the quantity, rate, opacity or concentration specified by an air quality regulation or permit condition.
X. “Excess emissions report” means a report submitted by a stationary source at the request of the department in order to provide data on the source's compliance with emission limits and operating parameters.
Y. “Federal act”, “act” or “CAA” means the Federal Clean Air Act, 42 U.S.C. Section 7401 through 7671 et seq., as amended.
Z. “Federal class I wilderness areas” means areas designated by the EPA as such. Federal class I wilderness areas within 100 kilometers of Bernalillo county are Bandelier wilderness, Pecos wilderness, and San Pedro Parks wilderness.
AA. “Fluid” means either of the two states of matter, liquid or gaseous.
BB. “Fugitive emissions” means any emissions which cannot reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening or is not otherwise collected, unless the emission is otherwise regulated by the federal act, the Air Quality Control Act, or the laws and regulation in effect pursuant to the act.
CC. “Greenhouse gases” or “GHGs” means the air pollutant defined in § 86.1818–12(a) of Chapter I of Title 40 of the CFR, as the aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
DD. “Grain” means that unit of weight, which is equivalent to 0.0648 grams.
EE. “Hazardous air pollutant” means an air contaminant which has been classified pursuant to the federal act, the Air Quality Control Act, or laws and regulations in effect pursuant to the act.
FF. “Hydrocarbons” or “HC” means any chemical compound of a class of aliphatic, cyclic, or aromatic chemical compounds containing mostly hydrogen and carbon. Hydrocarbons are highly reactive in the presence of nitrogen oxides and sunlight. All are precursors to more serious air pollutants such as ozone and nitrogen dioxide.
GG. “Hydrogen sulfide” or “H2S” means the chemical compound containing two atoms of hydrogen and one of sulfur with a molecular weight of 34.07 g/mole.
HH. “Incinerator” means any furnace used in the process of burning solid waste for the purpose of reducing the volume, by removing combustible matter.
II. “Inedible animal by-product processing” means operations primarily engaged in rendering, cooking, drying, dehydration, digesting, evaporating or concentrating of animal proteins and fats.
JJ. “Kraft mill” means any pulping process, which uses an alkaline solution for a cooking liquor.
KK. “Lead” or “Pb” means a heavy metal, with a molecular weight of 207.19 g/mole that is hazardous to health if breathed or swallowed.
LL. “Malfunction” means any sudden and unavoidable failure of air pollution control equipment or process equipment beyond the control of the owner or operator, including malfunction during startup or shutdown. A failure that is caused entirely or in part by poor maintenance, careless operation, or any other preventable equipment breakdown shall not be considered a malfunction.
MM. “Modification” means any physical change in or change in the method of operation of a source that results in an increase in the potential emission rate of any regulated air contaminant emitted by the source or that results in the emission of any regulated air contaminant not previously emitted, but does not include:
(1) a change in ownership of the source;
(2) routine maintenance, repair or replacement;
(3) installation of air pollution control equipment, and all related process equipment and materials necessary for its operation, undertaken for the purpose of complying with regulations adopted by the environmental improvement board or the local board or pursuant to the federal act; or
(4) unless previously limited by enforceable permit conditions:
(a) an increase in the production rate, if such increase does not exceed the operating design capacity of the source;
(b) an increase in the hours of operation; or
(c) use of an alternative fuel or raw material if, prior to January 6, 1975, the source was capable of accommodating such fuel or raw material, or if use of an alternate fuel or raw material is caused by any natural gas curtailment or emergency allocation or any other lack of supply of natural gas.
NN. “New source” means any stationary source, the construction or modification of which is commenced after the filing of a regulation applicable to the stationary source.
OO. “Nitrogen dioxide” or “NO2” means a reddish brown, poisonous gas composed of molecules containing a single atom of nitrogen and two of oxygen with a molecular weight of 46.0 g/mole.
PP. “Nitrogen oxides or NOX” is a class of chemicals containing varying quantities of nitrogen and oxygen that are created from combustion processes taking place at high temperatures and high pressures (e.g., inside automotive engine cylinders or in high temperature boilers). Examples of nitrogen oxides are NO, NO2, NO3, N2O2, and N2O5. Nitrogen oxides are also referred to as oxides of nitrogen.
QQ. “NMAC” means New Mexico administrative code, which contains the rules adopted by all rulemaking agencies of the state of New Mexico and the rules adopted by the A-BC AQCB.
RR. “Open burning” means the combustion of any material without the following characteristics:
(1) control of combustion air to maintain adequate temperature for efficient combustion;
(2) containment of the combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion; and
(3) emission controls for the gaseous combustion products.
SS. “Operator” means the person(s) responsible for the overall operation of a source.
TT. “Owner” means the person(s) who owns a source or part of a source.
UU. “Ozone or O3” means a pungent, colorless gas composed of molecules containing three atoms of oxygen with a molecular weight of 48.0 g/mole.
VV. “Part” means the required NMAC designation for the normal division of a chapter. A part consists of a unified body of rule material applying to a specific function or devoted to a specific subject matter. Structurally, a part is the equivalent of a rule.
WW. “Particulate matter” or “PM” means any airborne finely divided solid or liquid material such as dust, smoke, mist, fumes or smog found in air or emissions.
XX. “Particulate matter emissions” means all finely divided solid or liquid material, other than uncombined water, emitted to the ambient air as measured by the reference method in 40 CFR 60, Appendix A, Method 5, or an equivalent method approved by the EPA.
YY. “Pathological waste destructor” means any equipment, which is used to dispose of pathological waste by combustion or other process, which is approved by EPA.
ZZ. “Performance test” means the data, which is the result of a test performed as required by the department to determine compliance.
AAA. “Permit” means any permit or group of permits, modifications, renewals or revisions authorizing the construction or operation of a stationary source pursuant to the federal act, the Air Quality Control Act, or laws and regulations in effect pursuant to the act.
BBB. “Permittee” means the owner or operator identified in any permit application or permit.
CCC. “Person” means any individual, partnership, firm, public or private corporation, association, trust, estate, political subdivision or agency, or any other legal entity or their legal representatives, agents or assigns.
DDD. “Photochemical oxidants” means an air pollutant, which is formed by the action of sunlight on oxides of nitrogen and hydrocarbons.
EEE. “PM10 ”, “PM2.5 ”or “PM1” means particulate matter with an aerodynamic diameter less than or equal to 10, 2.5, or 1 micrometers, respectively.
FFF. “PM2.5 emissions” means finely divided solid or liquid material with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers emitted into the ambient air as measured by the reference method in 40 CFR Part 50, Appendix L, approved by the EPA.
GGG. “PM10 emissions” means finely divided solid or liquid material with an aerodynamic diameter less than or equal to a nominal 10 micrometers emitted into the ambient air as measured by the reference method in 40 CFR Part 50, Appendix J and M, or equivalent method approved by the EPA.
HHH. “Pollution control device” or “air pollution control equipment” means any device, equipment, process or combination thereof, the operation of which may limit, capture, reduce, confine, or otherwise control regulated air pollutants or convert for the purposes of control any regulated air pollutant to another form, another chemical or another physical state. This includes, but is not limited to, sulfur recovery units, acid plants, baghouses, precipitators, scrubbers, cyclones, water sprays, enclosures, catalytic converters, and steam or water injection.
III. “Portable stationary source” or “temporary stationary source” means a stationary source capable of changing its location with limited dismantling or reassembly which is associated with a specific construction project or increased production demand.
JJJ. “Potential to emit” or “pre-controlled emission rate” means the maximum capacity of a stationary source to emit any air contaminant under its physical and operational design. Any physical or operational limitation on the capacity of a source to emit an air pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation is federally enforceable or is included in a permit issued by the department. However, the potential to emit for nitrogen dioxide shall be based on total oxides of nitrogen.
KKK. “Process equipment” means any equipment used for storing, handling, transporting, processing or changing any materials whatsoever but excluding that equipment specifically defined in these regulations as incinerators, crematories, pathological waste destructors, pathological destructors and medical waste destructors.
LLL. “Process weight” means the total weight of all materials introduced into any specific process, which causes any discharge of air contaminants into the atmosphere. Solid fuels introduced into any specific process will be considered as part of the process weight, but liquid and gaseous fuels and combustion air will not.
MMM. “Process weight rate” means the hourly rate derived by dividing the total process weight by the number of hours in one complete operation from the beginning of any given process to the completion thereof, or from the beginning to the completion of a typical portion thereof, excluding any time during which the equipment is idle.
NNN. “Regulated air pollutant” means the following:
(1) any pollutant for which a national, state, or local ambient air quality standard has been promulgated;
(2) any pollutant that is subject to any standard promulgated under Section 111 of the federal act;
(3) any Class I or II substance subject to any standard promulgated under or established by Title VI of the federal act; or
(4) any pollutant subject to a standard promulgated under Section 112 or any other requirements established under Section 112 of the federal act.
OOO. “Responsible official” means one of the following:
(1) for a corporation: a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for, or subject to a permit and either:
(a) the facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or
(b) the delegation of authority to such representatives is approved in advance by the department;
(2) for a partnership or sole proprietorship: a general partner or the proprietor, respectively;
(3) for a municipality, state, federal or other public agency: either a principal executive officer or ranking elected official; for the purposes of 20.11.1 NMAC, a principal executive officer of a federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a regional administrator of EPA); or
(4) for an acid rain source:
(a) the designated representative (as defined in Section 402(26) of the federal act) in so far as actions, standards, requirements, or prohibitions under Title IV of the federal act or the regulations promulgated thereunder are concerned; and
(b) the designated representative for any other purposes under 40 CFR Part 70.
PPP. “Shutdown” means the cessation of operation of any air pollution control equipment, or process equipment.
SSS. “Smoke” means small gas-borne particles resulting from incomplete combustion, consisting predominantly, but not exclusively, of carbon, soot and combustible material.
TTT. “Solid waste” means garbage; refuse; yard waste; food wastes; plastics; leather; rubber; sludge; and other discarded combustible or noncombustible waste, including solid, liquid, semisolid; or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community or residential activities, and from waste treatment plants, water supply treatment plants, or air pollution control facilities; but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permit under Section 402 of the Federal Water Pollution Control Act, or source, special nuclear, or byproduct material as defined by the Atomic Energy Act.
VVV. “Stack, chimney, vent, or duct” means any conduit or duct emitting particulate or gaseous emissions into the open air.
WWW. “Standard conditions” means the conditions existing at a temperature of 70o F (25o C) and pressure of 14.7 psia (760 mmHg).
XXX. “Standard cubic foot” means a measure of the volume of one cubic foot of gas at standard conditions.
YYY. “Startup” means setting into operation any air pollution control equipment, or process equipment.
ZZZ. “Stationary source” means any building, structure, facility or installation, which is either permanent or temporary, excluding a private residence, that emits or may emit any regulated air pollutant or any pollutant listed under Section 112(b) of the federal act, the Air Quality Control Act, or the laws and regulations in effect pursuant to the act. Several buildings, structures, facilities, or installations, or any combinations will be treated as a single stationary source if they belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person, or persons, or are under common control. Pollutant-emitting activities shall be treated as the same industrial grouping if they have the same first two digits of an applicable standard industrial classification (SIC) code as described in the standard industrial classification manual, or if they have the same first three digits of an applicable north american industry classification system (NAICS) code.
AAAA. “Sulfur dioxide” or “SO2” means a pungent, colorless, poisonous gas composed of molecules containing a single atom of sulfur and two atoms of oxygen with a molecular weight of 64.07 g/mole.
BBBB. “Total reduced sulfur” means any combination of sulfur compounds, except sulfur dioxide and free sulfur, which test as reduced sulfur, including, but not limited to, hydrogen sulfide, methyl mercaptan, and ethyl mercaptan.
CCCC. “Total suspended particulate” or “TSP” means particulate matter as measured by the method described in 40 CFR Part 50, Appendix B.
DDDD. “Vapors” means the gaseous form of a substance, which exists in the liquid or solid state at standard conditions.
EEEE. “Visible emission” means an emission that can be seen because its opacity or optical density is above the threshold of vision.
FFFF. “Volatile organic compounds” or “VOC” means any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, which participates in atmospheric photochemical reactions.
(1) VOC includes any such organic compound other than the following, which have been determined to have negligible photochemical reactivity: methane; ethane; methylene chloride (dichloromethane); 1,1,1-trichloroethane (methyl chloroform); 1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113); trichlorofluoromethane (CFC-11); dichlorodifluoromethane (CFC-12); chlorodifluoromethane (HCFC-22); trifluoromethane (HFC-23); 1,2-dichloro 1,1,2,2-tetrafluoroethane (CFC-114); chloropentafluoroethane (CFC-115); 1,1,1-trifluoro 2,2-dichloroethane (HCFC-123); 1,1,1,2-tetrafluoroethane (HFC-134a); 1,1-dichloro 1-fluoroethane (HCFC-141b); 1-chloro 1,1-difluoroethane (HCFC-142b); 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124); pentafluoroethane (HCFC-125); 1,1,2,2-tetrafluoroethane (HFC-134); 1,1,1-trifluoroethane (HFC-143a); 1,1-difluoroethane (HFC-152a); parachlorobenzotrifluoride (PCBTF); cyclic, branched, or linear completely methylated siloxanes; acetone; perchloroethylene (tetrachloroethylene); 3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC–225ca); 1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC–225cb); 1,1,1,2,3,4,4,5,5,5-decafluoropentane(HFC 43–10mee); difluoromethane(HFC–32); ethylfluoride (HFC–161); 1,1,1,3,3,3-hexafluoropropane (HFC–236fa); 1,1,2,2,3-pentafluoropropane (HFC–245ca); 1,1,2,3,3-pentafluoropropane (HFC–245ea); 1,1,1,2,3-pentafluoropropane (HFC–245eb); 1,1,1,3,3-pentafluoropropane (HFC–245fa); 1,1,1,2,3,3-hexafluoropropane (HFC–236ea); 1,1,1,3,3-pentafluorobutane (HFC–365mfc); chlorofluoromethane (HCFC–31); 1 chloro-1-fluoroethane (HCFC–151a); 1,2-dichloro-1,1,2-trifluoroethane (HCFC–123a); 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F9OCH3 or HFE-7100); 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OCH3); 1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F9OC2H5 or HFE-7200); 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OC2H5); methyl acetate; 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (n-C3F7OCH3 or HFE-7000); 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane (HFE-7500); 1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea); methyl formate (HCOOCH3); 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane (HFE-7300); propylene carbonate; dimethyl carbonate; and perfluorocarbon compounds which fall into these classes:
(a) cyclic, branched, or linear, completely fluorinated alkanes;
(b) cyclic, branched, or linear, completely fluorinated ethers with no unsaturations;
(c) cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and
(d) sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine.
(2) For purposes of determining compliance with emissions limits, VOC will be measured by the test methods in the approved state implementation plan (SIP) or 40 CFR Part 60, Appendix A, as applicable. Where such a method also measures compounds with negligible photochemical reactivity, these negligibility-reactive compounds may be excluded as VOC if the amount of such compounds is accurately quantified, and such exclusion is approved by the enforcement authority.
(3) As a precondition to excluding these compounds as VOC or at any time thereafter, the enforcement authority may require an owner or operator to provide monitoring or testing methods and results demonstrating, to the satisfaction of the enforcement authority, the amount of negligibly-reactive compounds in the source’s emissions.
(4) For purposes of federal enforcement for a specific source, the EPA shall use the test methods specified in the applicable EPA-approved SIP, in a permit issued pursuant to a program approved or promulgated under Title V of the act, or under 40 CFR Part 51, Subpart I or Appendix S, or under 40 CFR Parts 52 or 60. The EPA shall not be bound by any state determination as to appropriate methods for testing or monitoring negligibly-reactive compounds if such determination is not reflected in any of the above provisions.
(5) The following compound(s) are VOC for purposes of all recordkeeping, emissions reporting, photochemical dispersion modeling and inventory requirements which apply to VOC and shall be uniquely identified in emission reports, but are not VOC for purposes of VOC emissions limitations or VOC content requirements: t-butyl acetate.
(6) For the purposes of determining compliance with California's aerosol coatings reactivity-based regulation, (as described in the California Code of Regulations, Title 17, Division 3, Chapter 1, Subchapter 8.5, Article 3), any organic compound in the volatile portion of an aerosol coating is counted towards that product's reactivity-based limit. Therefore, the compounds identified in Subsection FFFF of 22.214.171.124 NMAC as negligibly reactive and excluded from EPA's definition of VOCs are to be counted towards a product's reactivity limit for the purposes of determining compliance with California's aerosol coatings reactivity-based regulation.
(7) For the purposes of determining compliance with EPA’s aerosol coatings reactivity based regulation (as described in 40 CFR Part 59 - National Volatile Organic Compound Emission Standards for Consumer and Commercial Products) any organic compound in the volatile portion of an aerosol coating is counted towards the product’s reactivity-based limit, as provided in 40 CFR Part 59, Subpart E. Therefore, the compounds that are used in aerosol coating products and that are identified in Subsection FFFF of 126.96.36.199 NMAC as negligibly reactive and excluded from EPA’s definition of VOC are to be counted towards a product’s reactivity limit for the purposes of determining compliance with EPA’s aerosol coatings reactivity-based national regulation, as provided in 40 CFR Part 59, Subpart E.
GGGG. “Measurements, abbreviations. and acronyms”
A-BC AQCB-Albuquerque - Bernalillo county air quality control board
ABT-averaging, banking and trading (program)
AIRS-aerometric information retrieval system
AMPA-Albuquerque metropolitan planning area
API-American petroleum institute
AQIA-air quality impact assessment
AQI-air quality index
AQS-air quality services
ASE-national institute for automotive service excellence
ASTM-American society for testing and materials
ATS-allowance tracking system
BACT-best available control technology
Btu-British thermal unit
CAA(A)-federal Clean Air Act (Amendments)
CEM-continuous emission monitor
cfh-cubic feet per hour
cfm-cubic feet per minute
CFR-code of federal regulations
COG-mid-region council of governments
CMAQ-congestion mitigation and air quality
cu. in.-cubic inch(es)
DER-discrete emission reduction
DOE-department of energy
DOT-U.S. department of transportation
DPM-development process manual
DRB-development review board
EHD-environmental health department
EIS-environmental impact statement
EPA-U.S. environmental protection agency
EPC-environmental planning commission
ERC-emission reduction credit
FHWA-federal highway administration, DOT
FMVCP-federal motor vehicle control program
FTA-federal transit administration, DOT
g/mole-grams per mole
GVW-gross vehicle weight
GVWR-gross vehicle weight rating
HAP-hazardous air pollutants
ISTEA-Intermodal Surface-Transportation Efficiency Act (see SAFETEA-LU)
lb/day-pounds per day
lb/hr-pounds per hour
lb/yr-pounds per year
LAER-lowest achievable emission rate
LNG-liquefied natural gas
LPG-liquefied petroleum gas
LRTP-long range transportation plan
MACT-maximum achievable control technology
MCO-manufacturer's certificate of origin
µg/m3-microgram per cubic meter
mg/m3-milligram per cubic meter
mmHg-millimeters of mercury
mph-miles per hour
MPO-metropolitan planning organization
MRCOG-mid-region council of governments
MSERC-mobile source emission reduction credits
MSMTC-mobile source modeling technical committee
MTBE-methyl tertiary butyl ether
MVD-motor vehicle division
NAAQS-national ambient air quality standards
NAMS-national air monitoring station
NCore-national core multi-pollutant monitoring network
NEPA-National Environmental Policy Act
NESCAUM/MARAMA-northeast states for coordinated air use management/mid-atlantic regional air management association
NESHAP-national emission standards for hazardous air pollutants
NIST-national institute of standards and technology
NMAC-New Mexico administrative code
NMSA-New Mexico statutes annotated
NOx-oxides of nitrogen
NOV-notice of violation
NSPS-new source performance standards
NSR-new source review
OMTR-open market trading rule
OTAG-ozone transport assessment group
OTC-ozone transport commission
PIC-public involvement committee
PM2.5-particulate matter less than 2.5 microns
PM10-particulate matter less than 10 microns
ppm-parts per million by volume
ppm C-parts per million, carbon
PSD-prevention of significant deterioration
psi-pounds per square inch
psia-pounds per square inch absolute
psig-pounds per square inch gauge
PTE-potential to emit
PWD-pathological waste destructor
RACT-reasonably available control technology
R&D-research & development
RECLAIM-regional clean air incentives market
ROG-reactive organic gases
rpm-revolutions per minute
RTA-regional transit authority
RTC-RECLAIM trading credit
RVP-reid vapor pressure
SAE-society of automotive engineers
SAFETEA-LU-The Safe, Accountable, Flexible, Efficient Transportation Equity Act - A Legacy for Users
SBAP-small business assistance program
scf-standard cubic foot
SI-international system of units
SIP-state implementation plan
SLAMS-state and local air monitoring station
SMOG-SMoke + fOG
State DOT-New Mexico department of transportation
STIP-state transportation improvement program
TCC-transportation coordinating committee
TCM-transportation control measure
TES-transportation evaluation study
TIP-transportation improvement program
TMA-transportation management association
ton/yr-tons per year
TPTG-transportation program task group
tpy-tons per year
TSP-total suspended particulate
UPWP-unified planning work program
UTPPB-urban transportation planning policy board
VIN-vehicle identification number
VMT-vehicle miles traveled
VOC-volatile organic compounds
VPMD-vehicle pollution management division
[3/21/77. . .11/12/81, 11/21/81, 3/16/89, 6/16/92, 2/26/93, 9/23/94, 12/16/94, 12/1/95, 8/1/96; 188.8.131.52 NMAC - Rn, 20 NMAC 11.01.I.7, 10/1/02; A, 7/1/04; A, 9/14/09; A, 1/10/11]
184.108.40.206 VARIANCES: [Reserved]
[12/1/95; 220.127.116.11 NMAC - Rn, 20 NMAC 11.01.I.8, 10/1/02]
18.104.22.168 SAVINGS CLAUSE: Any amendment to 20.11.1 NMAC which is filed with the state records center shall not affect actions pending for violation of a city or county ordinance, or 20.11.1 NMAC. Prosecution for a violation under prior regulation wording shall be governed and prosecuted under the statute, ordinance, part or regulation section in effect at the time the violation was committed.
[12/1/95; 22.214.171.124 NMAC - Rn, 20 NMAC 11.01.I.9, 10/1/02; A, 9/14/09]
126.96.36.199 SEVERABILITY: If any section, paragraph, sentence, clause or word of 20.11.1 NMAC or any federal standards incorporated herein is for any reason held to be unconstitutional or otherwise invalid by any court, the decision shall not affect the validity of remaining provisions of 20.11.1 NMAC.
[12/1/95; 188.8.131.52 NMAC - Rn, 20 NMAC 11.01.I.10, 10/1/02; A, 9/14/09]
184.108.40.206 DOCUMENTS: Documents incorporated and cited in 20.11.1 NMAC may be viewed at the Albuquerque environmental health department, 400 Marquette NW, Albuquerque, NM.
[12/1/95; 220.127.116.11 NMAC - Rn, 20 NMAC 11.01.I.11 & A, 10/1/02; A, 9/14/09]
[12/1/95; 18.104.22.168 NMAC - Rn, 20 NMAC 11.01.I.12 & Repealed, 10/1/02; Rn, 20 NMAC 11.01.II.1, 10/1/02]
[11/12/81. . .3/24/82, 8/1/96; 22.214.171.124 NMAC - Rn, 20 NMAC 11.01.II.2, 10/1/02; Repealed, 7/1/04]
[3/24/82; 126.96.36.199 NMAC - Rn, 20 NMAC 11.01.II.3, 10/1/02; Repealed, 9/14/09]
HISTORY OF 20.11.1 NMAC:
Pre-NMAC History: The material in this part was derived from that previously filed with the Commission of Public Records - State Records Center and Archives.
Resolution No. 1, Air Pollution Control Regulations of the Albuquerque - Bernalillo County Air Quality Control Board, 8/6/71;
Regulation No. 1, Air Pollution Control Regulations, 6/6/73;
Regulation No. 1, Air Pollution Control Regulations, 7/9/73;
Regulation No. 1, Air Pollution Control Regulations, 3/21/77;
Regulation No. 1, Resolutions - Air Pollution Control Regulations, 3/24/82;
Regulation No. 1, Resolution - Air Pollution Regulations, 6/18/86;
Resolution No. 2, Ambient Air Quality Standards of the Albuquerque - Bernalillo County Air Quality Control Board, 8/6/71;
Resolution No. 2, Ambient Air Quality Standards of the Albuquerque - Bernalillo County Air Quality Control Board, 6/6/73;
Standard No. 1, Ambient Air Quality Standards, 11/12/81;
Regulation No. 2, Definitions, 3/24/82;
Regulation No. 2, Definitions, 1/3/85;
Regulation No. 2, Definitions, 3/16/89;
Regulation No. 2, Definitions, 11/27/91;
Regulation No. 2, Definitions, 6/16/92;
Regulation No. 26, Interpretation, 3/24/82.
History of Repealed Material: [RESERVED]
Other History: Regulation No. 1, Air Pollution Regulations, filed 6/18/86; Standard No. 1, Ambient Air Quality Standards, filed 11/12/81; Regulation No. 2, Definitions, filed 6/16/92; and Regulation No. 26, Interpretation, filed 3/24/82; were all renumbered and reformatted into first version of the New Mexico Administrative Code as 20 NMAC 11.01, General Provisions, filed 10/27/95.
20 NMAC 11.01, General Provisions, filed 10/27-95 was renumbered, reformatted, amended and replaced by 20.11.1 NMAC, General Provisions, effective 10/1/02.