N.M. Code R. § 20.11.104.7 [Effective 12/31/2023] Definitions

LibraryNew Mexico Administrative Code
Edition2023
CurrencyCurrent through Register Vol. 34, No. 24, December 19, 2023
CitationN.M. Code R. § 20.11.104.7
Year2023

The definitions in the Air Quality Control Act, Section 74-2-2 NMSA 1978 shall apply in 20.11.104 NMAC. If a term is defined in Section 74-2-2 NMSA 1978 and 20.11.104 NMAC, the definition in 20.11.104 NMAC shall apply. The definitions in 20.11.1.7 NMAC, the Revised Ordinances of Albuquerque 1994, Section 9-5-1 -2, and the Bernalillo County Code, Article II, Section 30-31 shall not apply in 20.11.104 NMAC. When a term in a provision of the California code of regulations (CCR), Title 13, Title 17, or the California health and safety code (CHSC) incorporated by reference is given a different meaning than the term defined for general purposes in 20.11.104 NMAC, the specific CCR or CHSC section's meaning and application of the term shall control, except that all references in the incorporated sections of the CCR and CHSC shall have a different meaning unique to New Mexico whenever appropriate depending on context and the entity's authority, as follows: "California" shall, whenever appropriate, mean "New Mexico", or "Bernalillo County" and the "City of Albuquerque", depending on the context; the "California Air Resources Board," "CARB," "state board," or "board" shall mean the "environmental improvement board" or the "environment department", or the "air quality control board" or the "environmental health department", depending on the context; and "Executive Officer" shall mean the "secretary" or the "director", depending on the context; provided, however, the terms in the CCR and CHSC definitions incorporated by reference in 20.11.104.7 NMAC (Definitions) shall not be changed. For registration of a motor vehicle, when a term defined herein is also defined in the Motor Vehicle Code, Articles 1 through 8 of Chapter 66 NMSA 1978, and is given a different meaning than the term defined for general purposes in 20.11.104 NMAC, the Motor Vehicle Code meaning, and application of the term shall control.

A. "Air quality control board" means the Albuquerque-Bernalillo county air quality control board, which is a local board, as such term is defined in Subsection K of Section 74-2-2 NMSA 1978.

B. "California Air Resources Board" or "CARB" means the same in 20.11.104 NMAC as it is defined in CHSC, Section 39003.

C. "C...

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