Regulatory Text: 
REGULATION NO. 33.  STACK HEIGHT REQUIREMENTS

(Approved by EPA 03/05/91 (56 FR 09175) at 52.1620(c)(45) effective 05/06/91.)

33.00   The purpose of this regulation is to impose local requirements that are identical to those required by federal new source review regulations assuring uniform procedures and formula in determining, on a case-by-case basis, what stack heights or other dispersion techniques are creditable under the term "good engineering practice".

33.01   Except as otherwise provided, in evaluating air quality impacts for a proposed new source or modification of an existing source requiring a permit pursuant to Air Quality Control Regulation No. 20 - Authority to Construction Permits; Air Quality Control Regulation No. 29 - Prevention of Significant Deterioration; or Air Quality Control Regulation No. 32 - Construction Permits - Nonattainment Areas, the Department shall give no credit for reductions in emissions due to so much of a source's stack height that exceeds good engineering practice or due to any other dispersion technique.

33.02   The provisions of subsection 33.01 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 Clean Air 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); were carried out after December 31, 1970; or

        B.   Coal fired steam electric generating units subject to the provisions of Section 118 of the Clean Air Act, which commenced operation before July 1, 1957 and the stacks were constructed under a contract awarded before February 8, 1974.

33.03   Public Notice

        A.   Before the Department issues a permit pursuant to AQCR's 20, 29, or 32 which contains a new, or revised emission limitation that is based on a good engineering stack height that exceeds the height allowed by 40 CFR Part 51.100 (ii) 1 or 2, 1987, the Department shall notify the public of the availability of the demonstration study.  Such notice shall be given in the manner specified in the applicable regulation for the permit application.  Interested parties shall have 30 days from the date of the notice to submit comments on the demonstration and to request a public hearing.

        B.   If the director determines there is a significant public interest a public hearing shall be held.  If a public hearing is held, the Department shall give notice of the time, date and place of the hearing.  The hearing shall be held within 45 days of the notice.  The hearing may be combined with any other public hearing to be held on the permit application.

        C.   After the hearing, the Department shall make its final decision on the new or revised emission limitation.

33.04   For purposes of this regulation, the definitions in 40 CFR Sections 51.100f, z, and ff through kk, (1987) as well as 40 CFR
60.15b (1987) are hereby incorporated as regulations of the Board.

33.05   Because sources subject to the federal stack height regulation cannot be granted variances from these requirements, insofar as variation from the requirements of this regulation are concerned, such sources cannot utilize the provisions of Air Quality Control Regulation 24, Variances, nor Albuquerque City Ordinance Chapter 6, Article 16-7, nor Section 7 of the Bernalillo County Ordinance Number 88-45, all of which were adopted pursuant to Section 74-2-8 NMSA 1978.

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