N.M. Code R. § 20.11.41.7 - DEFINITIONS
In addition to the definitions in 20.11.41 NMAC, the definitions in 20.11.1 NMAC apply unless there is a conflict between definitions, in which case the definition in 20.11.41 NMAC shall govern.
A. "Act" or "state act" means the New Mexico
Air Quality Control Act, Chapter 74, Article 2 NMSA 1978.
B. "Administrative permit revision" or
"administrative revision" means a revision to a construction permit for a
source that is requested and approved pursuant to Subsection A of 20.11.41.28
NMAC.
C. "Air contaminant" or
"contaminant" means a substance, including particulate matter, fly ash, dust,
fumes, gas, mist, smoke, vapor, micro-organisms, radioactive material, any
combination thereof or any decay or reaction product thereof.
D. "Air pollutant", "pollutant", "air
pollution" or "pollution" means the emission, except emission that occurs in
nature, into the outdoor atmosphere of one or more air contaminants in
quantities and of a duration that may with reasonable probability injure human
health or animal or plant life or as may unreasonably interfere with the public
welfare, visibility or the reasonable use of property.
E. "Air pollution control equipment" means
any device, equipment, process or combination thereof the operation of which
would limit, capture, reduce, confine, or otherwise control air contaminants or
convert for the purposes of control any air contaminant to another form,
another chemical or another physical state.
F. "Ambient air" means the outdoor
atmosphere, but does not include the area entirely within the geographical
boundaries of the source from which the air contaminants are, or may be,
emitted and where public access is restricted within the boundaries.
G. "Applicable requirement" means any of the
following, and includes requirements that have been promulgated or approved by
the board or EPA through rulemaking:
(1) any
standard or other requirement provided in the New Mexico state implementation
plan approved by EPA, or promulgated by EPA through rulemaking, under Title I
of the federal act, including Parts C or D;
(2) any term or condition of a construction
permit issued pursuant to regulations approved or promulgated through
rulemaking under Title I of the federal act, including Parts C or D;
(3) any standard or other requirement:
(a) under Section 111 or 112 of the federal
act;
(b) of the acid rain program
under Title IV of the federal act or the regulations promulgated
thereunder;
(c) governing solid
waste incineration under Section 129 of the federal act;
(d) that applies to consumer and commercial
products under Section 183(e) of the federal act; or
(e) of the regulations promulgated to protect
stratospheric ozone under Title VI of the federal act, unless the EPA
administrator has determined that the requirements need not be contained in a
Title V permit;
(4) any
requirements established pursuant to Section 504(b) or Section 114(a)(3) of the
federal act;
(5) any national or
New Mexico ambient air quality standard;
(6) any increment or visibility requirement
under Part C of Title I of the federal act applicable to temporary sources
permitted pursuant to Section 504(e) of the federal act; and
(7) any regulation adopted by the board in
accordance with the city of Albuquerque and county of Bernalillo joint air
quality control board ordinances pursuant to the Air Quality Control Act, and
the laws and regulations in effect pursuant to the Air Quality Control
Act.
H. "Board" means the
Albuquerque-Bernalillo county air quality control board or its successor board
pursuant to the state act.
I.
"Commence", "commencement", "commencing" or "commences" means an owner or
operator has undertaken a continuous program of construction or modification,
has entered into a binding contractual obligation to undertake and complete a
continuous program of construction within a reasonable time, or has acquired
the right to operate a source that is subject to 20.11.41 NMAC and plans to
commence operating the source.
J.
"Conflict of interest" for the purposes of accelerated review, means any direct
or indirect relationship between the qualified outside firm and the applicant
or other interested person that would cause a reasonable person with knowledge
of the relevant facts to question the integrity or impartiality of the
qualified outside firm in review of the application. A conflict of interest
does not include any gifts, gratuities, financial or contractual relationship
that totals less than $100 in value for the 12 month period preceding the
department's receipt of the application. A conflict of interest includes:
(1) gifts or gratuities of value that have
been exchanged between the qualified outside firm and the applicant;
(2) the qualified outside firm having
provided goods or services to the applicant within one year before the start,
or during the term, of the accelerated review process;
(3) an express or implied contractual
relationship that exists between the qualified outside firm and the applicant,
and the qualified outside firm has provided goods or services to the applicant
as a result of the relationship within five years before the start of the
accelerated review process; or
(4)
a current financial relationship between the qualified outside firm and the
applicant; current financial relationships include, but are not limited to:
(a) the qualified outside firm owes anything
of value to, or is owed anything of value by the applicant; and
(b) the qualified outside firm has provided
goods or services to the applicant and has issued a warranty or guarantee for
the work that is still in effect during the time the contracted work for
accelerated review is being performed;
(5) a director, officer or employee of the
qualified outside firm that will perform services under a contract pursuant to
20.11.41.32 NMAC, and has one or more personal, business or financial interests
or relationships with the applicant or any director, officer or employee of the
applicant that would cause a reasonable person with knowledge of the relevant
facts to question the integrity or impartiality of those who are or will be
acting under a contract;
(6) a
director, officer or employee of the qualified outside firm was a director,
officer or employee of the applicant within one year before the start of the
accelerated review process;
(7) a
communication that has occurred between the qualified outside firm and the
applicant regarding the substance of the application before a qualified outside
firm has been selected to perform accelerated review of an application except
as allowed by the department; direct communication between the qualified
outside firm and the applicant may take place after the qualified outside firm
has been selected by the department;
(8) an affiliate of the applicant has any of
the above described relationships with the qualified outside firm;
(9) an affiliate of the qualified outside
firm has any of the above described relationships with the applicant;
and
(10) an affiliate of the
applicant has any of the above described relationships with any affiliate of
the qualified outside firm.
K. "Construction" means fabrication,
erection, installation or relocation of a stationary source, including but not
limited to temporary installations and portable stationary sources.
L. "Days" means consecutive days except as
otherwise specifically provided.
M.
"Department" means the Albuquerque environmental health department, which is
the administrative agency of the Albuquerque-Bernalillo county air quality
control board.
N. "Emergency" means
unforeseen circumstances resulting in an imminent and substantial endangerment
to health, safety, or welfare and that require immediate action.
O. "Emission limitation" means a requirement
established by EPA, the state implementation plan (SIP), the state act, local
ordinance, permit or board regulation that limits the quantity, rate or
concentration, or combination thereof, of emissions of regulated air
contaminants on a continuous basis, including any requirement relating to the
operation or maintenance of a source to assure continuous reduction.
P. "Emission unit" or "unit" means any
article, machine, equipment, contrivance, process or process line that emits or
reduces, or may emit or reduce, the emissions of any air contaminant, except
from motor vehicles.
Q. "EPA" means
the United States environmental protection agency.
R. "Federal clean air act", "CAA" or "federal
act" means the federal Clean Air Act,
42 U.S.C. Section
7401 through
7671 et seq., as
amended.
S. "Federally enforceable"
means all limitations and conditions that are enforceable by the administrator
of the EPA, including all requirements adopted pursuant to 40 CFR Parts 60, 61
and 63; all requirements included in any applicable state implementation plan;
and any permit requirements imposed pursuant to
40 CFR
52.21 or regulations approved pursuant to 40
CFR Part 51, Subpart I including
40 CFR 51.165
and
40 CFR
51.166.
T. "Malfunction" means any sudden, infrequent
and not reasonably preventable failure of air pollution control equipment or
process equipment, or the failure of a process to operate in a normal or
expected manner. Failures that are caused in part by poor maintenance or
careless operation are not malfunctions.
U. "Modification" or "to modify" means a
physical change in, or change in the method of operation of a source that
results in an increase in the potential emission rate of any regulated air
contaminant emitted by the source or that results in the emission of any
regulated air contaminant not previously emitted; a relocation of a stationary
source, unless previously established as a portable stationary source subject
to specific permit conditions; or a revision that involves substantive changes
that exceed the scope of a revision as defined by 20.11.41.28 NMAC, but does
not include:
(1) a change in ownership of the
source;
(2) routine maintenance,
repair or replacement;
(3)
installation of air pollution control equipment, and all related process
equipment and materials necessary for its operation, undertaken for the purpose
of complying with regulations adopted by the state or local board or pursuant
to the CAA; or
(4) unless
previously limited by enforceable permit conditions:
(a) an increase in the production rate, if
the increase does not exceed the operating design capacity of the
source;
(b) an increase in the
hours of operation; or
(c) use of
an alternative fuel or raw material if, prior to January 6, 1975, the source
was capable of accommodating the fuel or raw material or if use of an alternate
fuel or raw material is caused by any natural gas curtailment or emergency
allocation or any other lack of supply of natural gas.
V. "National ambient air quality
standards" or "NAAQS" means the primary (health based) and secondary
(welfare-related) federal ambient air quality standards promulgated by the EPA
pursuant to Section 109 of the CAA.
W. "National emission standards for hazardous
air pollutants" or "NESHAP" means the regulatory requirements, guidelines and
emission limitations promulgated by the EPA pursuant to Section 112 of the
CAA.
X. "New Mexico ambient air
quality standards" or "NMAAQS" means the ambient air quality standards
promulgated by the New Mexico environmental improvement board.
Y. "New source performance standard" or
"NSPS" means the regulatory requirements, guidelines and emission limitations
promulgated by the EPA pursuant to Section 111 of the CAA.
Z. "Nonattainment area" means for any air
contaminant an area that is shown by monitoring data or that is calculated by
air quality modeling (or by other methods determined by the director of the
department or the administrator of the EPA to be reliable), to exceed either a
state NMAAQS or NAAQS for the contaminant, including but not limited to areas
identified under Section 107 (d)(1)(A) through (C) of the CAA.
AA. "North American industry classification
system" or "NAICS" means the industry classification system that is used by the
statistical agencies of the United States, is issued by the federal office of
management and budget and replaced the standard industrial classification (SIC)
system.
BB. "Operator" means the
local organization or subdivision of the firm or person, whether private,
corporate or public, that manages, on location, the operations of the
stationary source.
CC. "Owner"
means the person or persons who own a source.
DD. "Part" means an air quality control
regulation organized under Title 20, Chapter 11 of the New Mexico
Administrative Code that has been adopted or amended by the board, unless
otherwise noted.
EE. "Permit" means
a construction permit for a source or a construction permit modification,
relocation, or administrative or technical permit revision that has been issued
or approved by the department pursuant to 20.11.41 NMAC. A permit includes
constraints, emissions limitations and other conditions and authorizes a person
to commence construction, modification, relocation, or technical revision to
the permitted source or operation; or commence operation of a facility that
contains a source that is subject to 20.11.41 NMAC.
FF. "Permittee" means the person who has
applied for and has obtained a construction permit for a source that has been
issued a permit pursuant to 20.11.41 NMAC.
GG. "Portable stationary source" means a
source that can be relocated to another operating site with limited dismantling
and reassembly, including, as an example, movable sand and gravel processing
operations, concrete plants, asphalt plants and soil vapor extraction
systems.
HH. "Potential emission
rate" means the emission rate of a source at its maximum capacity to emit a
regulated air contaminant under its physical and operational design, provided
any physical or operational limitation on the capacity of the source to emit a
regulated air contaminant, (including air pollution control equipment and
restrictions on hours of operation or on the type or amount of material
combusted, stored or processed), shall be treated as part of its physical and
operational design, but only if the limitation or the effect the limitation
would have on emissions is enforceable by the department pursuant to the state
act or the federal act.
II.
"Process equipment" or "process equipment unit" means any equipment, apparatus
or device, including chemical, industrial or manufacturing facilities such as
ovens, mixing kettles, heating and reheating furnaces, kilns, stills, dryers,
roasters and equipment used in connection therewith, and all other methods or
forms of manufacturing or processing that may emit any air
contaminant.
JJ. "Public
information hearing" or "PIH" means the hearing provided by the department
pursuant to 20.11.41.15 NMAC during which attendees can ask questions, provide
comments and provide information; a PIH is not a hearing on the merits that
results in a final decision at the close of the hearing.
KK. "Regulated air contaminant" means any air
contaminant, the emission or ambient concentration of which is regulated
pursuant to the New Mexico air quality control act or the federal
act.
LL. "Relocation" means to
physically move a portable stationary source.
MM. "Shutdown" means the cessation of
operation of any air pollution control equipment, process equipment or process
for any purpose, except routine phasing out of batch process units.
NN. "Significant impact" means to pollute to
an extent that ambient air contaminant concentrations, including background,
exceed any of the significance levels listed in Table 1 of 20.11.41.33 NMAC, as
indicated by modeling techniques authorized by the department.
OO. "Standard industrial classification" or
"SIC" means the code from the system used to classify all industries in the
United States economy that was administered by the federal statistical policy
division of the office of management and budget and in 1997 was replaced by the
North American industry classification system (NAICS).
PP. "Startup" means to put a stationary
source that has been constructed or modified as authorized by a permit issued
pursuant to 20.11.41 NMAC into operation complete with functional air pollution
controls, so the process equipment or the process performs for the purpose
intended. The operation may be cyclic in response to on-off controls.
Repetition of cycles is not startup for purposes of 20.11.41 NMAC.
QQ. "Stationary source" or "source" means any
building, structure, equipment, facility, portable stationary source or
installation that is either permanent or temporary, excluding a private
residence, that emits or may emit any regulated air contaminant or any
pollutant listed under Section 112(b) of the federal act, the state act, or the
laws and regulations in effect pursuant to the state act. Several buildings,
structures, facilities, or installations, or any combination will be treated as
a single stationary source if they belong to the same industrial grouping, are
located on one or more contiguous or adjacent properties, and are under the
control of the same person or persons, or are under common control. Air
pollution activities shall be treated as the same industrial grouping if they
have the same first two digits of an applicable North American industry
classification system (NAICS) code.
RR. "Technical permit revision" or "technical
revision" means a revision to a construction permit pursuant to Subsection B of
20.11.41.28 NMAC.
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