N.M. Code R. § 20.11.41.7 Definitions

• Library: New Mexico Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 34, No. 24, December 19, 2023
• Citation: N.M. Code R. § 20.11.41.7
• Year: 2023

In addition to the definitions in 20.11.41 NMAC, the definitions in 20.11.1 NMAC apply unless there is a conflict between definitions, in which case the definition in 20.11.41 NMAC shall govern.

A. "Act" or "state act" means the New Mexico Air Quality Control Act, Chapter 74, Article 2 NMSA 1978.

B. "Administrative permit revision" or "administrative revision" means a revision to a construction permit for a source that is requested and approved pursuant to Subsection A of 20.11.41.28 NMAC.

C. "Air contaminant" or "contaminant" means a substance, including particulate matter, fly ash, dust, fumes, gas, mist, smoke, vapor, micro-organisms, radioactive material, any combination thereof or any decay or reaction product thereof.

D. "Air pollutant", "pollutant", "air pollution" or "pollution" means the emission, except emission that occurs in nature, into the outdoor atmosphere of one or more air contaminants in quantities and of a duration that may with reasonable probability injure human health or animal or plant life or as may unreasonably interfere with the public welfare, visibility or the reasonable use of property.

E. "Air pollution control equipment" means any device, equipment, process or combination thereof the operation of which would limit, capture, reduce, confine, or otherwise control air contaminants or convert for the purposes of control any air contaminant to another form, another chemical or another physical state.

F. "Ambient air" means the outdoor atmosphere, but does not include the area entirely within the geographical boundaries of the source from which the air contaminants are, or may be, emitted and where public access is restricted within the boundaries.

G. "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 in the New Mexico state implementation plan approved by EPA, or promulgated by EPA through rulemaking, under Title I of the federal act, including Parts C or D;

(2) any term or condition of a construction permit issued pursuant to regulations approved or promulgated through rulemaking under Title I of the federal act, including Parts C or D;

(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) that applies to consumer and commercial products under Section 183(e) of the federal act; or (e) of the regulations promulgated to protect stratospheric ozone under Title VI of the federal act, unless the EPA administrator has determined that the 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 New Mexico 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; and

(7) any regulation adopted by the board in accordance with the city of Albuquerque and county of Bernalillo 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.

H. "Board" means the Albuquerque-Bernalillo county air quality control board or its successor board pursuant to the state act.

I. "Commence", "commencement", "commencing" or "commences" means an owner or operator has undertaken a continuous program of construction or modification, has entered into a binding contractual obligation to undertake and complete a continuous program of construction within a reasonable time, or has acquired the right to operate a source that is subject to 20.11.41 NMAC and plans to commence operating the source.

J. "Conflict of interest" for the purposes of accelerated review, means any direct or indirect relationship between the qualified outside firm and the applicant or other interested person that would cause a reasonable person with knowledge of the relevant facts to question the integrity or impartiality of the qualified outside firm in review of the application. A conflict of interest does not include any gifts, gratuities, financial or contractual relationship that totals less than $100 in value for the 12 month period preceding the department's receipt of the application. A conflict of interest includes:

(1) gifts or gratuities of value...