Excess Emissions (New Mexico)
Last modified on February 12, 2015.
|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|
|Program Administrator||New Mexico Environment Department|
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.
|Contact Name||Donald Flores|
|Department||New Mexico Environment Department|
|Division||Air Quality Bureau|
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)|
|Authority 2:||Air Quality Control Act, NMSA 1978, sections 74-2-1 et seq., including specifically, section 74-2-5(A), (B) and (C)|