New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 2 - AIR QUALITY (STATEWIDE)
Part 80 - STACK HEIGHTS
Section 20.2.80.110 - EXISTING STACKS
Current through Register Vol. 35, No. 18, September 24, 2024
The provisions of 20.2.80.109 NMAC shall not apply to:
A. 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 Federal Act, 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
B. Coal-fired steam electric generating units subject to the provisions of section 118 of the Federal Act, which commenced operation before July 1, 1957, and whose stacks were constructed under a contract awarded before February 8, 1974.