As provided in the New Mexico Air Quality Control Act, Sections 74-2-1 through 74-2-17 NMSA 1978 (hereinafter referred to as the "Air Quality Control Act"), the following definitions shall apply to terms used in §§ 9-5-1-1 et seq.
AIR CONTAMINANT. 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.
AIR POLLUTION. The emission, except emission that occurs in nature, into the outdoor atmosphere of one or more air contaminants in quantities and of a duration that may with reasonable probability injure human health or animal or plant life or as may unreasonably interfere with the public welfare, visibility or the reasonable use of property.
DEPARTMENT. The administrative agency of the Albuquerque-Bernalillo County Air Quality Control Board.
DIRECTOR. The administrative head of the Department or his or her authorized representative.
EMISSION LIMITATION and EMISSION STANDARD. A requirement established by the Board, the Department, or pursuant to the federal Act that limits the quantity, rate or concentration, or combination thereof, of emissions of air contaminants on a continuous basis, including any requirements relating to the operation or maintenance of a source to assure continuous reduction.
ENVIRONMENT DEPARTMENT. The Environment Department of the state.
FEDERAL ACT. The Federal Clean Air Act, 42 U.S.C. 7401 through 7642, its subsequent amendments and successor provisions.
FEDERAL STANDARD OF PERFORMANCE. Any standard of performance, emission limitation or emission standard adopted pursuant to 42 U.S.C. Section 7411 or 7412.
HAZARDOUS AIR POLLUTANT. An air contaminant that has been classified as a hazardous air pollutant pursuant to the Federal Act.
MANDATORY CLASS I AREA. Any of the following areas in the state of New Mexico that were in existence on August 7, 1977:
(1) National wilderness areas that exceed 5,000 acres in size; and
(2) National parks that exceed 6,000 acres in size.
MAYOR. The Mayor or his or her authorized representative.
MODIFICATION. Any physical change in, or change in the method of operation of a source that results in an increase in the Potential Emission Rate of any Regulated Air Contaminant emitted by the source or that results in the emission of any Regulated Air Contaminant not previously emitted, but does not include:
(1) A change in ownership of the source;
(2) Routine maintenance, repair or replacement;
(3) Installation of air pollution control equipment and all related process equipment and materials necessary for its operation, undertaken for the purpose of complying with regulations adopted by the board or pursuant to the Federal Act; or
(4) Unless previously limited by enforceable permit conditions:
(a) An increase in the production rate, if such increase does not exceed the operating design capacity of the source;
(b) An increase in the hours of operation; or
(c) Use of an alternative fuel or raw material if, prior to January 6, 1975, the source was capable of accommodating such fuel or raw material, or if use of an alternate fuel or raw material is caused by any natural gas curtailment or emergency allocation or any other lack of supply of natural gas.
NONATTAINMENT AREA. For any air contaminant, an area that is designated "nonattainment" with respect to that contaminant within the meaning of Section 107(d) of the Federal Act.
PERSON. An individual, partnership, corporation, association, the state or political subdivision of the state or any agency, department, or instrumentality of the United States and any of their officers, agents or employees.
PLAN. Any and all parts of the state implementation plant that pertain to the county that are adopted by the Board for submittal by the Governor of the state to the federal Environmental Protection Agency pursuant to 42 U.S.C. Section 7410.
POTENTIAL EMISSION RATE. The emission rate of a source at its maximum capacity in the absence of air pollution control equipment that is not vital to production of the normal product of the source or to its normal operation; also defined by Board regulations as "pre-controlled" emissions.
REGULATED AIR CONTAMINANT. Any air contaminant, the emission or ambient concentration of which is regulated pursuant to the Air Quality Control Act or the Federal Act.
SIGNIFICANT DETERIORATION. Any increase in the ambient concentrations of any air contaminant above the levels allowed by the Federal Act or Federal regulations for that air contaminant in the area within which the increase occurs.
SOURCE. Any structure, building, equipment, facility, installation or operation that emits or may emit any air contaminant.
STANDARD OF PERFORMANCE. A requirement of continuous emission reduction, including any requirement relating to operation or maintenance of a source to assure continuous emission reduction.
STATE IMPLEMENTATION PLAN. Any plan submitted by the Governor of the state of New Mexico to the federal Environmental Protection Agency pursuant to 42 U.S.C. Section 7410.
('74 Code, § 6-16-2) (Ord. 13-1975; Am. Ord. 45-1984; Am. Ord. 65-1993)