New Mexico Register / Volume XXXVI, Issue 1 / January 14, 2025

This is an amendment to 20.11.63 NMAC Sections 2 and 11, effective 1/14/2025.

20.11.63.2 SCOPE: 20.11.63 NMAC is applicable to all stationary sources of air pollutants located within Bernalillo county, which are subject to the requirements of 40 CFR Part 60, as amended in the Federal Register through [January 23, 2017] November 15, 2024.

A. Exempt: 20.11.63 NMAC does not apply to sources within Bernalillo county that are located on Indian lands over which the Albuquerque-Bernalillo county air quality control board lacks jurisdiction.

B. Exclusions:

(1) 40 CFR 60, Subpart AAA, Standards of Performance for New Residential Wood Heaters.

(2) 40 CFR 60, Subpart QQQQ, Standards of Performance for New Residential Hydronic Heaters and Forced Air Furnaces.

C. Variances: The variance provisions of 20.11.7 NMAC, Variance Procedure, Revised Ordinances of Albuquerque 1994 Section 9-5-1-8, Bernalillo County Ordinances Section 30-37, and Section 74-2-8 NMSA 1978 shall not apply to 20.11.63 NMAC or the incorporated federal standards.

[1/1/2000; 20.11.63.2 NMAC - Rn, 20 NMAC 11.63.2, 10/1/2002; A, 1/1/2005; A, 1/1/2006; A, 1/15/2007; A, 2/16/2009; A, 12/12/2011; A, 2/10/2014; A, 5/13/2017; A, 1/14/2025]

20.11.63.11 INCORPORATION OF FEDERAL STANDARDS: Except as otherwise provided in 20.11.63 NMAC, the New Source Performance Standards promulgated by the United States environmental protection agency, and codified at 40 CFR Part 60, including Subpart A, General Provisions thereto, as amended in the Federal Register through [January 23, 2017] November 15, 2024, are hereby incorporated into 20.11.63 NMAC.

[1/1/2000; 20.11.63.11 NMAC - Rn, 20 NMAC 11.63.11, 10/1/2002; A, 1/1/2005; A, 1/15/2007; A, 2/16/2009; A, 12/12/2011; A, 2/10/2014; A, 5/13/2017; A, 1/14/2025]