Regulatory Text: 
REGULATION NO.  2.  DEFINITIONS

(Approved by EPA 04/10/80 (45 FR 24468) at 52.1620(c)(11) effective 04/10/80.  Revisions approved by EPA 12/21/93 (54 FR 67330) at 52.1620(c)(53) effective 01/20/94.)

As used in these regulations, the following words and phrases have the following meanings:

2.01      "Air Contaminant" means any substance, including, but not limited to any particulate matter, fly ash, dust, fumes, gas, mist, smoke, vapor, microorganisms, radioactive   material, any combination thereof, or any decay or reaction product thereof.

2.02      "Air Pollution" means the emission, except as such emission occurs in nature, into the outdoor atmosphere of one or more air contaminants in such quantities and duration as may with reasonable probability injure human health, animal or plant life, or as may unreasonably interfere with the public welfare, visibility or the reasonable use of property.

2.03      "Air Pollution Potential Index" (APPI) means a number on a scale ranging from 0 to 100 indicating the state of the lower atmosphere.  The number 0 indicates that the state of the lower atmosphere is such that the likelihood of air contaminants being held close to the ground is rare.  As the atmospheric temperature inversion and other meteorological factors become such that air contaminants will be concentrated in the air close to the ground, the index number increases from O to 100.  The Air Pollution Potential Index is calculated using the U.S. Weather Service 1200 Greenwich Mean Time upper air soundings or the upper air soundings of temperature lapse rate, and wind speed.  The Air Pollution Potential Index is calculated from this data.

2.04      "Air Quality Control Act" means the State of New Mexico Air Quality Control Act, Sections 12-14-1 through 12-14-13 NMSA 1953 and amendments thereto.

2.05      "Ambient", when referring to air, means that portion of the atmosphere, external to buildings, to which the general public has access.

2.06      "Board" means the Albuquerque/Bernalillo County Air Quality Control Board, a joint board established by the governing body of the City of Albuquerque and the governing body of the County of Bernalillo, which is responsible for the administration and enforcement of the New Mexico Air Quality Control Act and regulations promulgated by said Board.

2.07      "Chemical Processes" means any manufacturing processing operation in which one or more changes in chemical composition or chemical properties are involved.

2.08      "Coal Burning Equipment" means any device used for the burning of coal for the primary purpose of producing heat or power by indirect heat transfer in which the products of combustion do not come into direct contact with other materials.

2.09      "Commenced" means that an owner or operator has undertaken a continuous program of construction or that an owner or operator has entered into a binding agreement or contractual obligation to undertake and complete, within a reasonable time, a continuous program of construction or modification.

2.10      "Construction" means fabrication, erection, or installation of an affected facility.

2.11      "Crematory" means a device for cremating human remains.

2.12      "Department" means the Albuquerque Environmental Health Department, which is the administrative agency of the Albuquerque-Bernalillo County Air Quality Control Board.

2.13      "Director" means the administrative head of the Albuquerque Environmental Health Department.

2.14      "Fluid" means either of the two states of matter, liquid or gaseous.

2.15      "Fugitive Dust" means solid airborne particulate matter emitted from any source other than a stack, flue or duct.

2.16      "Grain" means that unit of weight which is equivalent to 0.0648 grams.

2.17      "Hazardous Air Pollutant" means an air contaminant which has been classified as a "hazardous air pollutant" by the Federal Environmental Protection Agency.

2.18      "Hydrocarbons" means that gaseous air contaminant, expressed as methane equivalents, determined by the flame ionization method and corrected for methane in the sampled air, described in Appendix E of the Federal Register, Volume 36, No. 31, Saturday, January 30, 1971, Pages 1512-1513, or determined by any other method that provides equal or greater accuracy.

2.19      "Hydrogen Sulfide" means the chemical compound containing two atoms of hydrogen and one of sulfur which as a gaseous air contaminant may be determined by the methylene blue method for total sulfides as described and published in the article in the periodical Analytical Chemistry, Volume 29, No. 9, September, 1957, pages 1349-1351, entitled, "Ultramicro-determination of Sulfides in Air," published by the American Chemical Society, 20th and Northampton Street, Easton, Pennsylvania, or determined by any other method that provides equal or greater accuracy.

2.20      "Incinerator" means any device intended or used for burning waste material to effect a reduction in volume.

2.21      "Inedible Animal By-Product Processing" means operations primarily engaged in rendering, cooking, drying, dehydration, digesting, evaporating and/or concentrating of  animal proteins and fats.

2.22      "Kraft Mill" means any pulping process which uses for a cooking liquor, an alkaline solution.

2.23      "lbs/hr" means pounds per hour.

2.24      "mg/m^3 or mg/m3" means milligrams per cubic meter.

2.25      "Modification" means any physical change in or change in the method of operation of a stationary source which increases the amount of any air contaminant emitted by the stationary source or which results in the emission of any air contaminant not previously emitted.

2.26      "New Source" means any stationary source, the construction or modification of which is commenced after the filing of a regulation applicable to the stationary source or after the filing of an applicable ambient air  standard.

2.27      "Nitrogen Dioxide" means total oxides of nitrogen expressed in terms of nitrogen dioxide, the chemical compound containing one atom of nitrogen and two of oxygen, which, as a gaseous air contaminant may be determined by the Saltzman Method as described and published in "Selected  Methods for the Measurement of Air Pollutants," U.S. Public Health Service, Publication No. 999-AP-11, May, 1965, Pages C-1 through C-7, published by the Publications Office of the Robert A. Taft Sanitary Engineering Center, Cincinnati, Ohio, or determined by any other method that provides equal or greater accuracy

2.28      "Opacity" means the degree to which an air contaminant emission obscures the view of an observer, expressed in percentage of the obscuration or in the degree (percent) to which transmittance of light is reduced by an air contaminant emission.

2.29      "Open Burning" means any manner of burning or causing rapid oxidation that results in products being discharged into the open air without passing through a properly designed stack, duct, chimney or flue.

2.30      "Organic Fluid" means of, relating to, or containing carbon compounds, excluding carbon monoxide,   carbon dioxide and carbonic acid.

2.31      "Particulate Matter" means any airborne finely divided solid or liquid material with an aerodynamic diameter smaller than 100 micrometers.

2.32      "Particulate Matter Emissions" means all finely divided solid or liquid material, other than uncombined water, emitted to the ambient air as measured by applicable reference methods, an equivalent or alternative method specified by the EPA Administrator, or a test method specified in the New Mexico State Implementation Plan.

2.33      "PM10" means particulate matter with an aerodynamic diameter less than or equal to a nominal 10  micrometers as measured by a reference method based on 40 CFR Part 50, Appendix J and designated in accordance with 40 CFR Part 53 or by an equivalent method designated in accordance with 40 CFR Part 53.

2.34      "PM10 emissions" means finely divided solid or liquid material, with an aerodynamic diameter less than or equal to a nominal 10 micrometers emitted to the ambient air as measured by an applicable reference method, an equivalent or alternative method specified by the EPA Administrator, or a test method specified in the New Mexico Implementation Plan.

2.35      "Pathological Destructor" means a device for the destruction by burning of diseased tissue or disease-producing matter.

2.36      "Person" means any individual, partnership, firm, public or private corporation, association, trust, estate, political subdivision or agency, or any other legal entity or their legal representatives, agents or assigns.

2.37      "Pollution Control Device" means any equipment, the use of which may eliminate, reduce or control the issuance of air contaminants.

2.38      "Process Equipment" means any equipment used for storing, handling, transporting, processing or changing any materials whatever but excluding that equipment specifically defined in these Regulations as incinerators.

2.39      "Process Weight" means the total weight of all materials introduced into any specific process, which process causes any discharge of air contaminants into the atmosphere.  Solid fuels introduced into any specific process will be considered as part of the process weight, but liquid and gaseous fuels and combustion air will not.

2.40      "Process Weight Rate" means the hourly rate derived by dividing the total process weight by the number of hours in one complete operation from the beginning of any given process to the completion thereof, or from the beginning to the completion of a typical portion thereof, excluding any time during which the equipment is idle.

2.41      "psia" means pounds per square inch absolute.

2.42      "Ringelmann Chart" means the Ringelmann smoke chart of comparative smoke densities as published by the U.S. Bureau of Mines or an equivalent Ringelmann "type" chart.

2.43      "Schedule of Compliance" means a schedule or timetable acceptable to the board, which clearly sets out in detail the steps to be taken in achieving the objectives of a regulation or standard.

2.44      "Smoke" means small gas-borne particles resulting from incomplete combustion, consisting predominantly, but not exclusively, of carbon, soot and combustible material.

2.45      "Stack, Chimney, or Duct" means any conduit or duct emitting particulate or gaseous emissions into the open air.

2.46      "Standard Conditions" means the conditions existing at a temperature of 70 degrees Fahrenheit and pressure of 14.7 lbs. per square inch absolute.

2.47      "Standard Cubic Foot" means a measure of the volume of one cubic foot of gas at standard conditions.

2.48      "Stationary Source" means any building, structure, facility or installation of any machine, equipment, article or other contrivance whose location is permanent or temporary which emits or may emit any air contaminant.

2.49      "Sulfur Dioxide" means that gaseous air contaminant determined by the West and Gaeke Method as described and published in the article in U.S. Public Health Service Publication No. 999-AP-11, May, 1965, entitled "Selected Method for the Measurement of Air Pollutants" Pages A-l through A-5, as published by the publications office of the Robert A. Taft Sanitary Engineering Center, Cincinnati, Ohio.

2.50      "Total Reduced Sulfur" means any combination of sulfur compounds, except sulfur dioxide and free sulfur, which test as reduced sulfur, including, but not limited to, hydrogen sulfide, methyl mercaptan, and ethyl mercaptan.

2.51      "Total Suspended Particulate (TSP)" means, particulate matter as measured by the method described in 40 CFR Part 50, Appendix B.

2.52      "Vapors" means the gaseous form of a substance which exists in the liquid or solid state at standard conditions.

************ end Albuquerque Regulation No. 2 *********87l**