New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 2 - AIR QUALITY (STATEWIDE)
Part 7 - EXCESS EMISSIONS
Section 20.2.7.108 - APPLICABILITY
Universal Citation: 20 NM Admin Code 20.2.7.108
Current through Register Vol. 35, No. 6, March 26, 2024
A. Any source:
(1) whose operation results in an 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; or
(2) subject to the
requirements of 20.2.73 NMAC - Notices of Intent and Emissions Inventory
Requirements, 20.2.72 NMAC - Construction Permits, 20.2.70 NMAC - Operating
Permits, 20.2.74 - Permits - Prevention of Significant Deterioration (PSD), or
20.2.79 - Permits - Nonattainment Areas.
B. Deviations under 20.2.70 NMAC - Operating Permits that do not result in excess emissions are not subject to the provisions of 20.2.7 NMAC.
C. This part does not create a separate cause of action for failure to obtain a permit under 20.2.72 NMAC - Construction Permits, 20.2.70 NMAC - Operating Permits, 20.2.74 - Permits - Prevention of Significant Deterioration (PSD), or 20.2.79 - Permits - Nonattainment Areas.
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