New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD
Part 49 - EXCESS EMISSIONS
Section 20.11.49.13 - APPLICABILITY
Universal Citation: 20 NM Admin Code 20.11.49.13
Current through Register Vol. 35, No. 18, September 24, 2024
A. Any source:
(1) whose operation results in an emission of
a regulated air pollutant, including a fugitive emission, in excess of the
quantity, rate, opacity or concentration specified by an air quality regulation
or permit condition; or
(2) subject
to the requirements of 20.11.47 NMAC, Emissions Inventory
Requirements, 20.11.41 NMAC , Construction Permits,
20.11.42 NMAC, Operating Permits, 20.11.61 NMAC,
Prevention of Significant Deterioration, or 20.11.60 NMAC,
Permitting In Nonattainment Areas.
B. Deviations under 20.11.42 NMAC, Operating Permits, which do not result in excess emissions, are not subject to the provisions of 20.11.49 NMAC.
C. 20.11.49 NMAC does not create a separate cause of action for failure to obtain a permit under 20.11.41 NMAC , Construction Permits, 20.11.42 NMAC, Operating Permits, 20.11.61 NMAC, Prevention of Significant Deterioration, or 20.11.60 NMAC, Permitting In Nonattainment Areas.
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