New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD
Part 4 - GENERAL CONFORMITY
Section 20.11.4.2 - SCOPE
Universal Citation: 20 NM Admin Code 20.11.4.2
Current through Register Vol. 35, No. 18, September 24, 2024
The provisions of 20.11.4 NMAC shall apply in all nonattainment and maintenance areas of and within Bernalillo county.
A. Prohibition: Pursuant to 40 CFR 93.150:
(1) No department, agency or instrumentality
of the federal government shall engage in, support in any way or provide
financial assistance for, license or permit, or approve any activity that does
not conform to an applicable implementation plan or maintenance plan.
(2) A federal agency must make a
determination that a federal action conforms to the applicable implementation
plan or maintenance plan in accordance with the requirements of 20.11.4 NMAC
before the action is taken.
(3)
Reserved.
(4) Notwithstanding any
provision of 20.11.4 NMAC, a determination that an action is in conformance
with the applicable implementation plan or maintenance plan does not exempt the
action from any other requirements of the applicable implementation plan or
maintenance plan, the NEPA or the Clean Air Act (CAA).
(5) If an action would result in emissions
originating in more than one nonattainment or maintenance area, the conformity
must be evaluated for each area separately.
B. Exempt: 20.11.4 NMAC does not apply to sources within Bernalillo county, which are located on Indian lands over which the Albuquerque - Bernalillo county air quality control board lacks jurisdiction.
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