New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD
Part 43 - STACK HEIGHT REQUIREMENTS
Section 20.11.43.2 - SCOPE
Universal Citation: 20 NM Admin Code 20.11.43.2
Current through Register Vol. 35, No. 18, September 24, 2024
This Part applies to sources with emission stacks, which are located in Bernalillo County, New Mexico.
A. Exempt: This Part does not apply to sources within Bernalillo County, which are located on Indian lands over which the Albuquerque/Bernalillo County Air Quality Control lacks jurisdiction.
B. Existing Stacks: The provisions of 20.11.43.13 NMAC shall not apply to:
(1) stack heights in existence, or dispersion
techniques implemented, on or before December 31, 1970 except where air
contaminants are being emitted from such stacks or using such dispersion
techniques by sources as defined in Section 111(a)(3) of the Clean Air Act
(CAA) which were constructed, or reconstructed, or for which major
modifications as defined in
40 CFR Sections
51.165(a)(1)(v) A, 51.166
b(2)i and 52.21 b(2)i were carried out after December 31, 1970, or;
(2) coal fired steam electric generating
units subject to the provisions of Section 118 of the CAA, which commenced
operation before July 1, 1957 and the stacks were constructed under a contract
awarded before February 8, 1974.
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