Excess Emissions (New Mexico)

Last modified on February 12, 2015.

EZFeed Policy

Place	New Mexico
Applies to States or Provinces	New Mexico
Name	Excess Emissions (New Mexico)
Policy Category	Other Policy
Policy Type	Environmental Regulations
Affected Technologies	Biomass/Biogas, Coal with CCS, Natural Gas, Nuclear
Active Policy	Yes
Implementing Sector	State/Province
Program Administrator	New Mexico Environment Department
Primary Website	http://www.nmcpr.state.nm.us/nmac/parts/title20/20.002.0007.htm
Last Review	2014-09-15
Information Source	http://www.nmenv.state.nm.us/aqb/enforce_compliance/ExcessEmissionsReporting.htm

Summary

This regulation establishes requirements for a source whose operation results in an excess emission and to establish criteria for a source whose operation results in an excess emission to claim an affirmative defense in an administrative or judicial enforcement action from a civil penalty.  "Excess emission" means the emission of an air contaminant, including a fugitive emission, in excess of the quantity, rate, opacity or concentration specified by an air quality regulation or permit condition.

                                                                                                                       The owner or operator of a source subject to a permit or to the notification requirement under the New Mexico Air Quality regulations must establish and implement a plan to minimize emissions during routine or predictable startup, shutdown, and scheduled maintenance through work practice standards and good air pollution control practices. The owner or operator must maintain the plan at the location authorized by the permit, at the facility, or at the nearest occupied facility, and provide the plan to the New Mexico Environment Department upon written request. The emission of an air contaminant in excess of the quantity, rate, opacity, or concentration specified in an air quality regulation or permit condition that results in an excess emission is a violation of the air quality regulation or permit condition and may be subject to an enforcement action.  The owner or operator of a source having an excess emission must, to the extent practicable, operate the source, including associated air pollution control equipment, in a manner consistent with good air pollution control practices for minimizing emissions.

Policy Contact

Contact Name	Donald Flores
Department	New Mexico Environment Department
Division	Air Quality Bureau
Phone	505-476-4359
Email	donald.flores@state.nm.us
Website	http://www.nmenv.state.nm.us/aqb/AQB-Contacts.html

Authorities (Please contact the if there are any file problems.)

Authority 1:	Environmental Improvement Act, NMSA 1978, section 74-1-8(A)(4) and (7)
Date Effective	1978
Date Enacted	1978

Authority 2:	Air Quality Control Act, NMSA 1978, sections 74-2-1 et seq., including specifically, section 74-2-5(A), (B) and (C)
Date Effective	1978
Date Enacted	1978