TITLE 20 ENVIRONMENTAL PROTECTION
CHAPTER 11 ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD
PART 90 SOURCE SURVEILLANCE; ADMINISTRATION AND ENFORCEMENT
22.214.171.124 ISSUING AGENCY: Albuquerque - Bernalillo County Air Quality Control Board. P.O. Box 1293, Albuquerque, NM 87103. Telephone: (505) 768-2601.
[3/21/77. . .12/1/95; 126.96.36.199 NMAC - Rn, 20 NMAC 11.90.I.1, 10/1/02; A, 10/13/09]
A. 20.11.90 NMAC is applicable to any source within Bernalillo county.
B. Exempt: 20.11.90 NMAC does not apply to sources within Bernalillo county, which are located on Indian lands over which the Albuquerque - Bernalillo County Air Quality Control lacks jurisdiction.
[12/1/95; 188.8.131.52 NMAC - Rn, 20 NMAC 11.90.I.2, 10/1/02; A, 10/13/09]
184.108.40.206 STATUTORY AUTHORITY: 20.11.90 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 Section 4; and the Joint Air Quality Control Board Ordinance, Revised Ordinances of Albuquerque 1994 Section 9-5-1-4.
[3/21/77. . .12/1/95; 220.127.116.11 NMAC - Rn, 20 NMAC 11.90.I.3, 10/1/02; A, 10/13/09]
18.104.22.168 DURATION: Permanent.
[12/1/95; 22.214.171.124 NMAC - Rn, 20 NMAC 11.90.I.4, 10/1/02]
126.96.36.199 EFFECTIVE DATE: December 1, 1995, unless a later date is cited at the end of a section.
[12/1/95; 188.8.131.52 NMAC - Rn, 20 NMAC 11.90.I.5 & A, 10/1/02]
184.108.40.206 OBJECTIVE: To minimize emissions from sources through inspection, enforcement, and good operating procedures.
[12/1/95; 220.127.116.11 NMAC - Rn, 20 NMAC 11.90.I.6, 10/1/02; A, 10/13/09]
18.104.22.168 DEFINITIONS: [Reserved]
22.214.171.124 VARIANCES: [Reserved]
126.96.36.199 SAVINGS CLAUSE: Any amendment to 20.11.90 NMAC which is filed with the State Records Center shall not affect actions pending for violation of a City or County ordinance, Air Quality Control Board Regulation No. 19, 23, and 25, or 20.11.90 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; 188.8.131.52 NMAC - Rn, 20 NMAC 11.90.I.9, 10/1/02]
184.108.40.206 SEVERABILITY: If any section, paragraph, sentence, clause, or word of 20.11.90 NMAC or the 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 portions of 20.11.90 NMAC.
[12/1/95; 220.127.116.11 NMAC - Rn, 20 NMAC 11.90.I.10, 10/1/02; A, 10/13/09]
18.104.22.168 DOCUMENTS: Documents incorporated and cited in 20.11.90 NMAC may be viewed at the Albuquerque Environmental Health Department, 400 Marquette NW, Albuquerque, NM.
[12/1/95; 22.214.171.124 NMAC - Rn, 20 NMAC 11.90.I.11 & A, 10/1/02; A, 10/13/09]
[3/21/77. . .3/24/82; 12/1/95; 126.96.36.199 NMAC - Rn, 20 NMAC 11.90.I.12 & Repealed, 10/1/02; Rn, 20 NMAC 11.90.II.1, 10/1/02; Repealed, 10/13/09]
188.8.131.52 SOURCE SURVEILLANCE:
A. The owner or operator of any stationary source of an air contaminant shall, upon notification by the director, maintain records of the nature and amounts of emissions, to which an air quality control emission regulation applies, from the source and any other information as may be deemed necessary by the director to determine whether the source is in compliance with applicable regulations.
B. The information recorded as specified in Subsection A of 184.108.40.206 NMAC shall be summarized and reported to the director, on forms furnished by the director, and shall be submitted within 45 days after the end of the reporting period. Reporting periods are November 1 through April 30 and May 1 through October 31 or such other periods as the director may deem necessary. Information reported to the director shall be signed by the person responsible for its accuracy.
C. Emission data obtained by the director shall be correlated with applicable emission limitations and other control measures and be made available to the public during normal business hours.
D. The owner or operator of a stationary source shall, to determine compliance with these regulations or to meet the source sampling requirements of a compliance schedule, conduct performance tests or allow the director to conduct performance tests as specified in Subsection F of 220.127.116.11 NMAC.
E. The director shall establish a periodic visual surveillance system to detect and investigate apparent violations of visible emission limitations and such complaints relating to apparent violations of the regulations as may occur.
F. Performance tests:
(1) As required by the director, the owner or operator of a stationary source shall conduct performance tests and furnish the director with a written report of the results.
(2) Performance tests shall be conducted and the results reported in accordance with the test method, as set forth in either 40 CFR Part 60.8, or an approved alternate test method. The director shall have 10 days prior notice before such testing is performed.
(3) The owner or operator shall permit the director to conduct performance tests at any reasonable time and shall operate the stationary source for such testing purposes as the director shall specify.
(4) Each performance test shall consist of three repetitions of the applicable test procedure. For the purpose of determining compliance with an applicable standard of performance, the average results of all repetitions shall apply.
(5) The director shall determine that the performance test method has been properly performed before accepting the results submitted by the owner or operator of the source.
[3/21/77. . .3/24/82; 18.104.22.168 NMAC - Rn, 20 NMAC 11.90.II.2, 10/1/02; A, 10/13/09]
22.214.171.124 ADMINISTRATION AND ENFORCEMENT:
A. Upon request of the director, the person responsible for the emission of air contaminants for which limits are established by the rules codified under Title 20, Environmental Protection, Chapter 11, Albuquerque - Bernalillo County Air Quality Control Board, of the New Mexico Administrative Code, shall provide such facilities, utilities, and openings exclusive of instrument and sensing devices, as may be necessary for the proper determination of the nature, extent, quantity and degree of such air contaminants. Such facilities may be either temporary or permanent at the discretion of the person responsible for their provisions; and shall be suitable for determination consistent with emission limits established in these rules.
B. As an additional means of enforcing the rules codified under Title 20, Environmental Protection, Chapter 11, Albuquerque - Bernalillo County Air Quality Control Board, of the New Mexico Administrative Code, the director may accept a written assurance of discontinuance of any act or practice deemed in violation of these rules or any rule adopted pursuant thereto from any person engaging in, or who has engaged in, such act or practice, signed and acknowledged by the director and during which such discontinuance is to be accomplished.
[3/21/77. . .3/24/82; 126.96.36.199 NMAC - Rn, 20 NMAC 11.90.II.3, 10/1/02; A, 10/13/09]
HISTORY OF 20.11.90 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, filed 8/6/71.
Regulation No. 1, Air Pollution Control Regulations, filed 6/6/73;
Regulation No. 1, Air Pollution Control Regulations, filed 7/19/73;
Regulation No. 1, Air Pollution Control Regulations, filed 3/21/77;
Regulation No. 19, Breakdown, Abnormal Operating Conditions, or Scheduled Maintenance, filed 3/24/82;
Regulation No. 23, Source Surveillance, filed 3/24/82;
Regulation No. 25, Administration and Enforcement, filed 3/24/82.
History of Repealed Material: [Reserved]
Other History: Regulation No. 19, Breakdown, Abnormal Operating Conditions, or Scheduled Maintenance (filed 3/24/82); Regulation No. 23, Source Surveillance (filed 3/24/82); Regulation No. 25, Administration And Enforcement (filed 3/24/82) were renumbered and reformatted into first version of the New Mexico Administrative Code and replaced by 20 NMAC 11.90, Administration, Enforcement, Inspection, effective 12/01/95.
20 NMAC 11.90, Administration, Enforcement, Inspection (filed 10/27/95) was renumbered, reformatted, amended and replaced by 20.11.90 NMAC, Administration, Enforcement, And Inspection, effective 10/1/02.