This Part is applicable to the following:

1. A. Exempt:

   (1) This Part does not apply to sources within Bernalillo County which are located on Indian lands over which the Albuquerque/Bernalillo County Air Quality Control lacks jurisdiction.

   (2) Upon the written request of an affected source, the Director may, on a case by case basis, exempt aircraft engine test facilities and enclosed research and development (R&D) fire test facilities from the opacity requirements of this Part. For sources required to obtain a Part 42 operating permit, any exemption granted under this subpart shall be effective for the duration of the operating permit. For sources not required to obtain a Part 42 operating permit, any exemption granted under this subpart shall be effective for a period of up to five years. Exemptions granted under this subpart may be renewed by the Director on a case by case basis, upon the written request of the affected source.

2. B. Stationary Sources: Visible emissions and operational limitations shall be applicable to the sources listed in this Part.

3. C. Mobile Sources: Except for the mobile sources listed in this Part, motor vehicles are subject to the visible emission limitations required by 20.11.103 NMAC, and not this Part.

   [3/24/82. . .11/28/89, 11/1/95, 12/1/95; 20.11.5.2 NMAC - Rn, 20 NMAC 11.05.I.2, 10/1/02]