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New Mexico SIP: NM except Bernalillo County Part 80: Stack Heights

Regulatory Text: 
             P. O.  BOX 26110/1190 ST. FRANCIS DRIVE
                 SANTA FE, NEW MEXICO  87502-0110



(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 persons who own or operate a source or who intend to construct or modify a source. [11-30-95]

102. STATUTORY AUTHORITY:     Environmental Improvement Act, NMSA 1978, Section 74-1-8(A)(4), and Air Quality Control Act, NMSA 1978, Sections 74-2-1 et seq., including specifically, Section 74-2-7.   [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 requirements for the evaluation of stack heights and other dispersion techniques in permitting decisions. [11-30-95]

106. AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS:  This Part amends and supersedes Air Quality Control Regulation ("AQCR") 710, - Stack Height Requirements, last filed March 15, 1988, as amended.  [11-30-95]

     A.   All references to AQCR 710 in any other rule shall be construed as a reference to this Part. [11-30-95]

     B.   The amendment and supersession of AQCR 710 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 710. [11-30-95]

107. DEFINITIONS:  In addition to the terms defined in Part 2 - Definitions, the definitions in 40 CFR Sections 51.100(z) and (ff)-(kk) (1987) are hereby incorporated as state regulations and, as used in this Part:  [11-30-95]

     "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. DOCUMENTS:     Documents cited in this Part may be viewed at the New Mexico Environment Department, Air Quality Bureau, Harold Runnels Building, 1190 Saint Francis Drive, Santa Fe, NM  87505.  [11-30-95]

109. NEW SOURCES OR MODIFIED EXISTING SOURCES:  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 Part 72 - Construction Permits;  Part 74 Prevention of Significant Deterioration (PSD); or Part 79 - Permits - Nonattainment Areas, the Department shall give no credit for reductions in emissions due to the length of a source's stack height that exceeds good engineering practice or due to any other dispersion technique. [11-30-95]  

110. EXISTING STACKS:  The provisions of Section 109 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  Federal 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)(i), were carried out after December 31, 1970; or

     B.  Coal-fired steam electric generating units subject to the provisions of Section 118 of the Federal Act, which commenced operation before July 1, 1957, and whose stacks were constructed under a contract awarded before February 8, 1974.  [11-30-95]


     A.   Notification.  Before the Department issues a permit, pursuant to Parts 72, 74, or 79, 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 Section 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 thirty (30) days from the date of the notice to submit comments on the demonstration and to request a public hearing.  [11-30-95]

     B.   Public Hearing.  If the Secretary determines there is significant public interest, he shall hold a public hearing.  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 forty-five (45) days of the notice.  The hearing may be combined with any other public hearing to be held on the permit application.  [11-30-95]

     C.   Final Determination.     After the hearing, the Department shall make its final decision on the new or revised emission limitation.  [11-30-95]

112. VARIANCES:  Because sources subject to the federal stack height regulation cannot be granted variances from that requirement, the requirements of this Part shall not be subject to Section 74-2-8 NMSA 1978.  [11-30-95]