TITLE 20 ENVIRONMENTAL
PROTECTION
CHAPTER 2 AIR
QUALITY (STATEWIDE)
PART 78 EMISSION
STANDARDS FOR HAZARDOUS AIR POLLUTANTS
20.2.78.1 ISSUING
AGENCY: New Mexico Environmental Improvement Board.
[06/16/95;
20.2.78.1 NMAC - Rn, 20 NMAC 2.78.100 06/23/00]
20.2.78.2 SCOPE: All sources emitting hazardous air pollutants which are subject to the requirements of 40 CFR Part 61, as amended through January 15, 2017.
[06/16/95, 11/19/97, 09/08/99; 20.2.78.2 NMAC - Rn 20 NMAC 2.78.101 & A, 06/23/00; A, 02/18/02; A, 06/08/07; A, 08/17/09; A, 09/02/11; A, 1/29/16; A, 5/30/17]
20.2.78.3 STATUTORY
AUTHORITY: The environmental improvement board “shall
promulgate regulations and standards in…air quality management” (Section
74-1-8.A NMSA 1978) and “regulations adopted by the environmental improvement
board…may…prescribe standards of performance for
sources and emissions standards for hazardous air pollutants…” (Section 74-2-5.C NMSA 1978).
[06/16/95;
20.2.78.3 NMAC - Rn, 20 NMAC 2.78.102 06/23/00]
20.2.78.4 DURATION:
Permanent.
[06/16/95;
20.2.78.4 NMAC - Rn, 20 NMAC 2.78.103 06/23/00]
20.2.78.5 EFFECTIVE
DATE: June 16, 1995, except where a later date is
cited at the end of a section.
[06/16/95,
08/02/96; 20.2.78.5 NMAC - Rn, 20 NMAC 2.78.104 06/23/00]
[The
latest effective date of any section in this part is May 30, 2017.]
20.2.78.6 OBJECTIVE:
The objective of Part 78 of Chapter 2 is to adopt or establish state
authority to implement emission standards for hazardous air pollutants in New
Mexico subject to 40 CFR Part 61.
[06/16/95;
20.2.78.6 NMAC - Rn, 20 NMAC 2.78.105 06/23/00]
20.2.78.7 DEFINITIONS: [RESERVED]
[20.2.78.7
NMAC - N, 06/23/00]
20.2.78.8 AMENDMENT
AND SUPERSESSION OF PRIOR REGULATIONS: This
part amends and supersedes Air Quality Control Regulation (AQCR) 751, last
filed on April 10, 1994. All references
to AQCR 751 in any other rule shall be understood as a reference to this part.
[06/16/95;
20.2.78.8 NMAC - Rn, 20 NMAC 2.78.106 06/23/00]
20.2.78.9 ADOPTION OF 40 CFR PART 61: Except as otherwise provided, the national emission standards for hazardous air pollutants as promulgated by the United States environmental protection agency, 40 CFR Part 61, as amended in the Federal Register through January 15, 2017 are hereby incorporated into this part (20.2.78 NMAC).
[06/16/95, 08/02/96, 11/19/97, 09/08/99; 20.2.78.9 NMAC - Rn 20 NMAC 2.78.107 & A, 06/23/00; A, 02/18/02; A, 06/08/07; A, 08/17/09; A, 09/02/11; A, 1/29/16; A, 5/30/17]
20.2.78.10 MODIFICATIONS
AND EXCEPTIONS: The following modifications or exceptions are
made to the incorporated federal standards:
A. amend 40 CFR Part 61, Section 61.02, Definitions, as
follows: For the purposes of delegation
of authority which the administrator of the United States environmental
protection agency may, at the administrator’s discretion, delegate to the
secretary of the New Mexico environment department, “administrator” means the
secretary or the secretary’s authorized representative.
B. exclude 40 CFR
Part 61, Subparts B (National Emission Standards for Radon Emissions from
Underground Uranium Mines), H (National Emission Standards for Emissions of
Radionuclides Other Than Radon from Department of Energy Facilities), I
(National Emission Standards for Radionuclide Emissions from Facilities
Licensed by the NRC and Federal Facilities not covered by Subpart H), K (
National Emission Standard for Radionuclide Emissions from Elemental Phosphorus
Plants), Q (National Emission Standards for Radon Emissions from Department of
Energy Facilities), R (National Emission Standards for Radon Emissions from Phosphogypsum Stacks), T (National Emission Standards for
Radon Emissions from the Disposal of Uranium Mill Tailings), and W (National
Emission Standards for Radon Emissions from Operating Mill Tailings).
C. the federal
emission standards incorporated by this regulation shall not be subject to NMSA
1978, Section 74-2-8 (Variances).
[06/16/95;
20.2.78.9 NMAC - Rn, 20 NMAC 2.78.108 06/23/00; A, 1/29/16]
20.2.78.11 DOCUMENTS:
Documents incorporated and cited in this part may be viewed at the New
Mexico environment department, air quality bureau.
[06/16/95;
20.2.78.11 NMAC - Rn, 20 NMAC 2.78.109 06/23/00; A, 08/17/09; A, 1/29/16]
[As of
April 2013, the air quality bureau is located at 525 Camino de los Marquez, Suite 1, Santa Fe NM, 87505]
HISTORY
OF 20.2.78 NMAC:
Pre-NMAC
History: The material in this part was derived from
that previously filed with the commission of public records-state records center
and archives.
EIB/AQCR
751, Air Quality Control Regulation 751 - Emission Standards For
Hazardous Air Pollutants, filed 07/24/84.
EIB/AQCR
751, Air Quality Control Regulation 751 - Emission Standards For
Hazardous Air Pollutants, filed 08/18/87.
EIB/AQCR
751, Air Quality Control Regulation 751 - Emission Standards For
Hazardous Air Pollutants, filed 07/07/88.
EIB/AQCR
751, Air Quality Control Regulation 751 - Emission Standards For
Hazardous Air Pollutants, filed 04/27/89.
EIB/AQCR
751, Air Quality Control Regulation 751 - Emission Standards For
Hazardous Air Pollutants, filed 05/29/90.
EIB/AQCR
751, Air Quality Control Regulation 751 - Emission Standards For
Hazardous Air Pollutants, filed 04/22/91.
EIB/AQCR
751, Air Quality Control Regulation 751 - Emission Standards For
Hazardous Air Pollutants, filed 04/14/92.
EIB/AQCR
751, Air Quality Control Regulation 751 - Emission Standards For
Hazardous Air Pollutants, filed 04/21/93.
EIB/AQCR
751, Air Quality Control Regulation 751 - Emission Standards For
Hazardous Air Pollutants, filed 04/12/94.
History
of Repealed Material: [RESERVED]
Other
History:
EIB/AQCR
751, Air Quality Control Regulation 751 - Emission Standards For Hazardous Air
Pollutants (filed 04/12/94) was renumbered
into first version of the New Mexico Administrative Code as 20 NMAC 2.78,
Emission Standards For Hazardous Air Pollutants, effective 06/16/95.
20 NMAC
2.78, Emission Standards For Hazardous Air Pollutants
(filed 05/17/95), was renumbered, reformatted, amended and replaced by 20.2.78 NMAC, Emission
Standards For Hazardous Air Pollutants, effective 06/23/00.