N.M. Admin. Code § 20.11.4.2

Current through Register Vol. 35, No. 23, December 10, 2024

Section 20.11.4.2 - SCOPE

The provisions of 20.11.4 NMAC shall apply in all nonattainment and maintenance areas of and within Bernalillo county.

A. Prohibition: Pursuant to 40 CFR 93.150:

(1) No department, agency or instrumentality of the federal government shall engage in, support in any way or provide financial assistance for, license or permit, or approve any activity that does not conform to an applicable implementation plan or maintenance plan.

(2) A federal agency must make a determination that a federal action conforms to the applicable implementation plan or maintenance plan in accordance with the requirements of 20.11.4 NMAC before the action is taken.

(3) Reserved.

(4) Notwithstanding any provision of 20.11.4 NMAC, a determination that an action is in conformance with the applicable implementation plan or maintenance plan does not exempt the action from any other requirements of the applicable implementation plan or maintenance plan, the NEPA or the Clean Air Act (CAA).

(5) If an action would result in emissions originating in more than one nonattainment or maintenance area, the conformity must be evaluated for each area separately.

B. Exempt: 20.11.4 NMAC does not apply to sources within Bernalillo county, which are located on Indian lands over which the Albuquerque - Bernalillo county air quality control board lacks jurisdiction.

N.M. Admin. Code § 20.11.4.2

12/16/94. . .12/1/95; 20.11.4.2 NMAC - Rn, 20 NMAC 11.04.I.2, 10/1/02; A, 3/14/11