New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD
Part 1 - GENERAL PROVISIONS
Section 20.11.1.7 - DEFINITIONS

A. "Abnormal operating conditions" means the startup or shutdown of air pollution control device(s) or process equipment.

B. "Administrator" means the administrator of the United States environmental protection agency or his or her designee.

C. "Affected source" or "facility" means any stationary source, or any other source of air pollutants, that must comply with an applicable requirement.

D. "Air agency", "department" or "EHD" means the environmental health department (EHD) of the city of Albuquerque. The EHD, or its successor agency or authority, as represented by the department director or his/her designee, is the lead air quality planning agency for the Albuquerque - Bernalillo county nonattainment/maintenance area. The EHD serves as staff to the Albuquerque - Bernalillo county air quality control board, (A-BC AQCB), and is responsible for the administration and enforcement of the A-BC AQCB regulations.

E. "Air contaminant" or "air pollutant" means an air pollution agent or combination of such agents, including any physical, chemical, biological, radioactive (including source material, special nuclear material, and byproduct material) substance or matter which is emitted into or otherwise enters the ambient air. Such term includes any precursors to the formation of any air pollutant; to the extent the EPA has identified such precursor or precursors for the purpose for which the term "air pollutant" is used. This excludes water vapor, nitrogen (N2), oxygen (O2), and ethane.

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

G. "Air quality control act" means the State of New Mexico Air Quality Control Act, Chapter 74, Article 2, NMSA 1978 as amended.

H. "Air quality control board", "board" or "A-BC AQCB" means the Albuquerque - Bernalillo county air quality control board, which is empowered by federal act, the Air Quality Control Act, and ordinances, to prevent or abate air pollution within the boundaries of Bernalillo county, except for Indian lands over which the board lacks jurisdiction.

I. "Allowable emissions" means:

J. "Ambient" means that portion of the atmosphere, external to buildings, to which the general public has access.

K. "Applicable requirement" means any of the following (and includes requirements that have been promulgated or approved by the board or EPA through rulemaking):

L. "Breakdown or upset" means any sudden, infrequent, and not reasonably preventable failure of air pollution control equipment, or process equipment, which causes a process to not operate in a normal manner. Failures that are caused by process imbalance, poor maintenance or careless operation are not breakdowns.

M. "Carbon monoxide" or "CO" means a colorless, odorless, poisonous gas composed of molecules containing a single atom of carbon and a single atom of oxygen with a molecular weight of 28.01 g/mole.

N. "Chemical process" means any manufacturing processing operation in which one or more changes in chemical composition or chemical properties are involved.

O. "Coal burning equipment" means any device used for the burning of coal for the primary purpose of producing heat or power by indirect heat transfer in which the products of combustion do not come into direct contact with other materials.

P. "Commenced" means that an owner or operator has undertaken a continuous program of construction or that an owner or operator has entered into a binding agreement or contractual obligation to undertake and complete, within a reasonable time, a continuous program of construction or modification.

Q. "Construction" means fabrication, erection, or installation of an affected facility.

R. "Crematory" means any combustion unit designed and used solely for cremating human or animal remains or parts and tissues thereof, and other items normally associated with the cremation process, but not including pathological waste.

S. "Department" means the Albuquerque environmental health department, which is the administrative agency of the Albuquerque - Bernalillo county air quality control board.

T. "Director" means the administrative head of the Albuquerque environmental health department or a designated representative(s).

U. "Emission limitation or standard" means a requirement established by EPA, the state implementation plan (SIP), the Air Quality Control Act, local ordinance, permit, or board regulation, that limits the quantity, rate or concentration, or combination thereof, of emissions of regulated air pollutants on a continuous basis, including any requirements relating to the operation or maintenance of a source to assure continuous reduction.

V. "EPA" means the United States environmental protection agency or the EPA's duly authorized representative.

W. "Excess emissions" means the emission of an air contaminant, including a fugitive emission, in excess of the quantity, rate, opacity or concentration specified by an air quality regulation or permit condition.

X. "Excess emissions report" means a report submitted by a stationary source at the request of the department in order to provide data on the source's compliance with emission limits and operating parameters.

Y. "Federal act", "act" or "CAA" means the Federal Clean Air Act, 42 U.S.C. Section 7401 through 7671 et seq., as amended.

Z. "Federal class I wilderness areas" means areas designated by the EPA as such. Federal class I wilderness areas within 100 kilometers of Bernalillo county are Bandelier wilderness, Pecos wilderness, and San Pedro Parks wilderness.

AA. "Fluid" means either of the two states of matter, liquid or gaseous.

BB. "Fugitive emissions" means any emissions which cannot reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening or is not otherwise collected, unless the emission is otherwise regulated by the federal act, the Air Quality Control Act, or the laws and regulation in effect pursuant to the act.

CC. "Greenhouse gases" or "GHGs" means the air pollutant defined in § 86.1818-12(a) of Chapter I of Title 40 of the CFR, as the aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.

DD. "Grain" means that unit of weight, which is equivalent to 0.0648 grams.

EE. "Hazardous air pollutant" means an air contaminant which has been classified pursuant to the federal act, the Air Quality Control Act, or laws and regulations in effect pursuant to the act.

FF. "Hydrocarbons" or "HC" means any chemical compound of a class of aliphatic, cyclic, or aromatic chemical compounds containing mostly hydrogen and carbon. Hydrocarbons are highly reactive in the presence of nitrogen oxides and sunlight. All are precursors to more serious air pollutants such as ozone and nitrogen dioxide.

GG. "Hydrogen sulfide" or "H2S" means the chemical compound containing two atoms of hydrogen and one of sulfur with a molecular weight of 34.07 g/mole.

HH. "Incinerator" means any furnace used in the process of burning solid waste for the purpose of reducing the volume, by removing combustible matter.

II. "Inedible animal by-product processing" means operations primarily engaged in rendering, cooking, drying, dehydration, digesting, evaporating or concentrating of animal proteins and fats.

JJ. "Kraft mill" means any pulping process, which uses an alkaline solution for a cooking liquor.

KK. "Lead" or "Pb" means a heavy metal, with a molecular weight of 207.19 g/mole that is hazardous to health if breathed or swallowed.

LL. "Malfunction" means any sudden and unavoidable failure of air pollution control equipment or process equipment beyond the control of the owner or operator, including malfunction during startup or shutdown. A failure that is caused entirely or in part by poor maintenance, careless operation, or any other preventable equipment breakdown shall not be considered a malfunction.

MM. "Modification" means any physical change in or change in the method of operation of a source that results in an increase in the potential emission rate of any regulated air contaminant emitted by the source or that results in the emission of any regulated air contaminant not previously emitted, but does not include:

NN. "New source" means any stationary source, the construction or modification of which is commenced after the filing of a regulation applicable to the stationary source.

OO. "Nitrogen dioxide" or "NO2" means a reddish brown, poisonous gas composed of molecules containing a single atom of nitrogen and two of oxygen with a molecular weight of 46.0 g/mole.

PP. "Nitrogen oxides or NOX" is a class of chemicals containing varying quantities of nitrogen and oxygen that are created from combustion processes taking place at high temperatures and high pressures (e.g., inside automotive engine cylinders or in high temperature boilers). Examples of nitrogen oxides are NO, NO2, NO3, N2O2, and N2O5. Nitrogen oxides are also referred to as oxides of nitrogen.

QQ. "NMAC" means New Mexico administrative code, which contains the rules adopted by all rulemaking agencies of the state of New Mexico and the rules adopted by the A-BC AQCB.

RR. "Open burning" means the combustion of any material without the following characteristics:

SS. "Operator" means the person(s) responsible for the overall operation of a source.

TT. "Owner" means the person(s) who owns a source or part of a source.

UU. "Ozone or O3" means a pungent, colorless gas composed of molecules containing three atoms of oxygen with a molecular weight of 48.0 g/mole.

VV. "Part" means the required NMAC designation for the normal division of a chapter. A part consists of a unified body of rule material applying to a specific function or devoted to a specific subject matter. Structurally, a part is the equivalent of a rule.

WW. "Particulate matter" or "PM" means any airborne finely divided solid or liquid material such as dust, smoke, mist, fumes or smog found in air or emissions.

XX. "Particulate matter emissions" means all finely divided solid or liquid material, other than uncombined water, emitted to the ambient air as measured by the reference method in 40 CFR 60, Appendix A, Method 5, or an equivalent method approved by the EPA.

YY. "Pathological waste destructor" means any equipment, which is used to dispose of pathological waste by combustion or other process, which is approved by EPA.

ZZ. "Performance test" means the data, which is the result of a test performed as required by the department to determine compliance.

AAA. "Permit" means any permit or group of permits, modifications, renewals or revisions authorizing the construction or operation of a stationary source pursuant to the federal act, the Air Quality Control Act, or laws and regulations in effect pursuant to the act.

BBB. "Permittee" means the owner or operator identified in any permit application or permit.

CCC. "Person" means any individual, partnership, firm, public or private corporation, association, trust, estate, political subdivision or agency, or any other legal entity or their legal representatives, agents or assigns.

DDD. "Photochemical oxidants" means an air pollutant, which is formed by the action of sunlight on oxides of nitrogen and hydrocarbons.

EEE. "PM10 ", "PM2.5 "or "PM1" means particulate matter with an aerodynamic diameter less than or equal to 10, 2.5, or 1 micrometers, respectively.

FFF. "PM2.5 emissions" means finely divided solid or liquid material with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers emitted into the ambient air as measured by the reference method in 40 CFR Part 50, Appendix L, approved by the EPA.

GGG. "PM10 emissions" means finely divided solid or liquid material with an aerodynamic diameter less than or equal to a nominal 10 micrometers emitted into the ambient air as measured by the reference method in 40 CFR Part 50, Appendix J and M, or equivalent method approved by the EPA.

HHH. "Pollution control device" or "air pollution control equipment" means any device, equipment, process or combination thereof, the operation of which may limit, capture, reduce, confine, or otherwise control regulated air pollutants or convert for the purposes of control any regulated air pollutant to another form, another chemical or another physical state. This includes, but is not limited to, sulfur recovery units, acid plants, baghouses, precipitators, scrubbers, cyclones, water sprays, enclosures, catalytic converters, and steam or water injection.

III. "Portable stationary source" or "temporary stationary source" means a stationary source capable of changing its location with limited dismantling or reassembly which is associated with a specific construction project or increased production demand.

JJJ. "Potential to emit" or "pre-controlled emission rate" means the maximum capacity of a stationary source to emit any air contaminant under its physical and operational design. Any physical or operational limitation on the capacity of a source to emit an air pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation is federally enforceable or is included in a permit issued by the department. However, the potential to emit for nitrogen dioxide shall be based on total oxides of nitrogen.

KKK. "Process equipment" means any equipment used for storing, handling, transporting, processing or changing any materials whatsoever but excluding that equipment specifically defined in these regulations as incinerators, crematories, pathological waste destructors, pathological destructors and medical waste destructors.

LLL. "Process weight" means the total weight of all materials introduced into any specific process, which causes any discharge of air contaminants into the atmosphere. Solid fuels introduced into any specific process will be considered as part of the process weight, but liquid and gaseous fuels and combustion air will not.

MMM. "Process weight rate" means the hourly rate derived by dividing the total process weight by the number of hours in one complete operation from the beginning of any given process to the completion thereof, or from the beginning to the completion of a typical portion thereof, excluding any time during which the equipment is idle.

NNN. "Regulated air pollutant" means the following:

OOO. "Responsible official" means one of the following:

PPP. "Shutdown" means the cessation of operation of any air pollution control equipment, or process equipment.

QQQ. [Reserved]

RRR. [Reserved]

SSS. "Smoke" means small gas-borne particles resulting from incomplete combustion, consisting predominantly, but not exclusively, of carbon, soot and combustible material.

TTT. "Solid waste" means garbage; refuse; yard waste; food wastes; plastics; leather; rubber; sludge; and other discarded combustible or noncombustible waste, including solid, liquid, semisolid; or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community or residential activities, and from waste treatment plants, water supply treatment plants, or air pollution control facilities; but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permit under Section 402 of the Federal Water Pollution Control Act, or source, special nuclear, or byproduct material as defined by the Atomic Energy Act.

UUU. [Reserved]

VVV. "Stack, chimney, vent, or duct" means any conduit or duct emitting particulate or gaseous emissions into the open air.

WWW. "Standard conditions" means the conditions existing at a temperature of 70o F (25o C) and pressure of 14.7 psia (760 mmHg).

XXX. "Standard cubic foot" means a measure of the volume of one cubic foot of gas at standard conditions.

YYY. "Startup" means setting into operation any air pollution control equipment, or process equipment.

ZZZ. "Stationary source" means any building, structure, facility or installation, which is either permanent or temporary, excluding a private residence, that emits or may emit any regulated air pollutant or any pollutant listed under Section 112(b) of the federal act, the Air Quality Control Act, or the laws and regulations in effect pursuant to the act. Several buildings, structures, facilities, or installations, or any combinations will be treated as a single stationary source if they belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person, or persons, or are under common control. Pollutant-emitting activities shall be treated as the same industrial grouping if they have the same first two digits of an applicable standard industrial classification (SIC) code as described in the standard industrial classification manual, or if they have the same first three digits of an applicable north american industry classification system (NAICS) code.

AAAA. "Sulfur dioxide" or "SO2" means a pungent, colorless, poisonous gas composed of molecules containing a single atom of sulfur and two atoms of oxygen with a molecular weight of 64.07 g/mole.

BBBB. "Total reduced sulfur" means any combination of sulfur compounds, except sulfur dioxide and free sulfur, which test as reduced sulfur, including, but not limited to, hydrogen sulfide, methyl mercaptan, and ethyl mercaptan.

CCCC. "Total suspended particulate" or "TSP" means particulate matter as measured by the method described in 40 CFR Part 50, Appendix B.

DDDD. "Vapors" means the gaseous form of a substance, which exists in the liquid or solid state at standard conditions.

EEEE. "Visible emission" means an emission that can be seen because its opacity or optical density is above the threshold of vision.

FFFF. "Volatile organic compounds" or "VOC" means any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, which participates in atmospheric photochemical reactions.

GGGG. "Measurements, abbreviations. and acronyms" A-BC AQCB-Albuquerque - Bernalillo county air quality control board

ABT-averaging, banking and trading (program)

AIRS-aerometric information retrieval system

AMPA-Albuquerque metropolitan planning area

API-American petroleum institute

AQIA-air quality impact assessment

AQI-air quality index

AQS-air quality services

ASE-national institute for automotive service excellence

ASTM-American society for testing and materials

ATS-allowance tracking system

BACT-best available control technology

Bhp-brake horsepower

Btu-British thermal unit

C-Celsius

CAA(A)-federal Clean Air Act (Amendments)

CEM-continuous emission monitor

CFC(s)-chlorofluorocarbon(s)

cfh-cubic feet per hour

cfm-cubic feet per minute

CFR-code of federal regulations

CO2-carbon dioxide.

CO-carbon monoxide.

COG-mid-region council of governments

CMAQ-congestion mitigation and air quality cu. in.-cubic inch(es)

DER-discrete emission reduction

DOE-department of energy DOT-U.S. department of transportation

DPM-development process manual

DRB-development review board

EA-environmental assessment

EHD-environmental health department

EI-emission inventory

EIS-environmental impact statement

EPA-U.S. environmental protection agency

EPC-environmental planning commission

ERC-emission reduction credit

F-Fahrenheit FHWA- federal highway administration, DOT

FMVCP-federal motor vehicle control program

FR-federal register

ft.-feet

FTA-federal transit administration, DOT

g-gram(s)

g/mole-grams per mole

gal-U.S. gallon(s)

GVW-gross vehicle weight

GVWR-gross vehicle weight rating

h-hour(s)

HAP-hazardous air pollutants

HC-hydrocarbon(s)

Hg-mercury

hp.-horsepower

I/M-inspection/maintenance

in.-inch(es)

ISTEA-Intermodal Surface-Transportation Efficiency Act (see SAFETEA-LU)

K-Kelvin

kg-kilogram(s)

km-kilometer(s)

kPa-kilopascal(s)

lb.-pound(s)

lb/day-pounds per day lb-ft -pound-feet

lb/hr-pounds per hour

lb/yr-pounds per year

LAER-lowest achievable emission rate

LNG-liquefied natural gas

LPG-liquefied petroleum gas

LRTP-long range transportation plan

m-meter(s)

MACT-maximum achievable control technology

max.-maximum

MCO-manufacturer's certificate of origin

µg-microgram

µg/m3-microgram per cubic meter

mg-milligram(s)

mg/m3-milligram per cubic meter

mi.-mile(s)

min-minute(s)

ml-milliliter(s)

mm-millimeter(s)

MMBtu-million Btu

mmHg-millimeters of mercury

mph-miles per hour

MPO-metropolitan planning organization

MRCOG-mid-region council of governments

MSERC-mobile source emission reduction credits

MSMTC-mobile source modeling technical committee

MTBE-methyl tertiary butyl ether

MVD-motor vehicle division

MWe-megawatt electrical

N2-nitrogen

NAAQS-national ambient air quality standards

NAMS-national air monitoring station

NCore-national core multi-pollutant monitoring network

NDIR-NonDispersive InfraRed

NEPA-National Environmental Policy Act

NESCAUM/MARAMA-northeast states for coordinated air use management/mid-atlantic regional air management association

NESHAP-national emission standards for hazardous air pollutants

NIST-national institute of standards and technology

NM-New Mexico

NMAC-New Mexico administrative code

NMSA-New Mexico statutes annotated

NO-nitric oxide

NO2-nitrogen dioxide

NOx-oxides of nitrogen

No-number

NOV-notice of violation

NMHC-non-methane hydrocarbons

NSPS-new source performance standards

NSR-new source review

O2-oxygen

O3-ozone

OMTR-open market trading rule

OTAG-ozone transport assessment group

OTC-ozone transport commission

Pb-lead

PIC-public involvement committee

PM-particulate matter

PM2.5-particulate matter less than 2.5 microns

PM10-particulate matter less than 10 microns

ppm-parts per million by volume

ppm C-parts per million, carbon

PSD-prevention of significant deterioration

psi-pounds per square inch

psia-pounds per square inch absolute

psig-pounds per square inch gauge

PTE-potential to emit

PWD-pathological waste destructor

QF-qualifying facility

R-Rankin

RACT-reasonably available control technology

R&D-research & development

RECLAIM-regional clean air incentives market

ROG-reactive organic gases

rpm-revolutions per minute

RTA-regional transit authority

RTC-RECLAIM trading credit

RVP-reid vapor pressure

s-second(s)

SAE-society of automotive engineers

SAFETEA-LU- The Safe, Accountable, Flexible, Efficient Transportation Equity Act - A Legacy for Users