N.M. Code R. § 20.11.64.14 Modifications and Exceptions

• Library: New Mexico Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 34, No. 24, December 19, 2023
• Citation: N.M. Code R. § 20.11.64.14
• Year: 2023

The following modifications or exceptions are made to the incorporated federal standards:

A. For purposes of administering and enforcing 40 CFR 61, the following modification or exception is made to the federal standards that are incorporated in 40 CFR 61. When the director of the Albuquerque environmental health department is exercising the authority delegated to the director by the United States environmental protection agency, the definition of "administrator" of the United States environmental protection agency that is included in 40 CFR 40Definitions61.02, Definitions, shall be changed to "director" of the Albuquerque environmental health department.

B. For purposes of administering and enforcing 40 CFR 63, the following modification or exception is made to the federal standards that are incorporated in 40 CFR 63. When the director of the Albuquerque environmental health department is exercising the authority delegated to the director by the United States environmental protection agency, the definition of "administrator" of the United States environmental protection agency that is included in 40 CFR 40Definitions63.2, Definitions, shall be changed to "director" of the Albuquerque environmental health department.

C. Pursuant to 40 CFR 40Program requirements governing construction or reconstruction of major sources63.42(b), the effective date for the incorporation of 40 CFR 63, Sections 40 through 44, shall be June 29, 1998. If the department does not have a program to adequately implement the provisions of Section 112(g) of the Clean Air Act, all case-by-case MACT determinations made by the department shall be submitted in writing to the EPA regional administrator for concurrence. All applicable MACT emission limitations and requirements shall be incorporated into all permits issued by the department.

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History: 1/1/2000; 20.11.64.14 NMAC - Rn, 20 NMAC 11.64.14, 10/1/02; A, 1/1/05; A, 2/10/14