N.M. Code R. § 20.11.7.2 – Scope

A. 20.11.7 NMAC establishes procedures and criteria for obtaining a variance from a limitation or other requirement (together referred to as “limitation” in 20.11.7 NMAC) prescribed under the Air Quality Control Act, a regulation of the Albuquerque-Bernalillo county air quality control board or a permit condition imposed by the department. However, the board cannot grant a variance from federal requirements in 20.11.8 NMAC, 20.11.41 NMAC, 20.11.42 NMAC, 20.11.60 NMAC, 20.11.61 NMAC, 20.11.62 NMAC, 20.11.63 NMAC and 20.11.64 NMAC. Granting or approval of a variance by the board does not mean automatic approval by the EPA.
B. Exempt: 20.11.7 NMAC does not apply to sources within Bernalillo county that are located on Indian lands over which the Albuquerque-Bernalillo county air quality control board lacks jurisdiction.
[12/1/95; 20.11.7.2 NMAC - Rn, 20 NMAC 11.07.I.2, 10/1/02; A, 8/1/04]