New Mexico SIP: NM except Bernalillo County Part 33: Gas Burning Equipment-Nitrogen Dioxide
Regulatory Text:
NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD
P.O. BOX 26110/1190 ST. FRANCIS DRIVE
SANTA FE, NEW MEXICO 87502-0110
TITLE 20 ENVIRONMENTAL PROTECTION
CHAPTER 2 AIR QUALITY (STATEWIDE)
PART 33 GAS BURNING EQUIPMENT - NITROGEN DIOXIDE
(Approved by EPA 09/26/97 (62 FR 50518) at 52.1620(c)(66) effective 11/25/97. Dates in brackets within the regulation are State effective dates.)
100. ISSUING AGENCY: Environmental Improvement Board.
[11-30-95]
101. SCOPE: All geographic areas within the jurisdiction of the Environmental Improvement Board. [11-30-95]
102. STATUTORY AUTHORITY: Environmental Improvement Act, NMSA 1978, Section 74-1-8(A)(4) and (7), and Air Quality Control Act, NMSA 1978, Sections 74-2-1 et seq., including specifically, Section 74-2-5(A), (B) and (C). [11-30-95]
103. DURATION: Permanent. [11-30-95]
104. EFFECTIVE DATE: November 30, 1995. [11-30-95]
105. OBJECTIVE: The objective of this Part is to establish nitrogen dioxide emission standards for gas burning equipment. [11-30-95]
106. AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS: This Part amends and supersedes Air Quality Control Regulation ("AQCR") 604 - Gas Burning Equipment - Nitrogen Dioxide last filed on February 17, 1972.
A. All references to AQCR 604 in any other rule shall be construed as a reference to this Part.
B. The amendment and supersession of AQCR 604 shall not affect any administrative or judicial enforcement action pending on the effective date of such amendment nor the validity of any permit issued pursuant to AQCR 604. [11-30-95]
107. DEFINITIONS: In addition to the terms defined in Part 2 - Definitions, as used in this Part:
A. "Existing gas burning equipment" means gas burning equipment, the construction or modification of which is commenced prior to February 17, 1972. [11-30-95]
B. "New gas burning equipment" means gas burning equipment, the construction or modification of which is commenced after February 17, 1972. [11-30-95]
C. "Part" means an air quality control regulation under Title 20, Chapter 2 of the New Mexico Administrative Code, unless otherwise noted; as adopted or amended by the Board. [11-30-95]
108. REQUIREMENTS:
A. The owner or operator of new gas burning equipment having a heat input of greater than 1,000,000 million British Thermal Units per year per unit shall not permit, cause, suffer or allow nitrogen dioxide emissions to the atmosphere in excess of 0.2 pounds per million British Thermal Units of heat input. [11-30-95]
B. The owner or operator of existing gas burning equipment having a heat input of greater than 1,000,000 million British Thermal Units per year per unit shall not permit, cause, suffer or allow nitrogen dioxide emissions to the atmosphere in excess of 0.3 pounds per million British Thermal Units of heat input. [11-30-95]