New Mexico § 74-2-2 - Definitions
Full text of New Mexico New Mexico Statutes Annotated § 74-2-2 — Definitions, with citation guidance and answers to common questions.
§ 74-2-2. Definitions
As used in the Air Quality Control Act: A. “ air contaminant ” means a substance, including any particulate matter, fly ash, dust, fumes, gas,
mist, smoke, vapor, micro-organisms, radioactive material, any combination thereof
or any decay or reaction product thereof; B. “ air pollution ” means 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; C. “ department ” means the department of environment; D. “ director ” means the administrative head of a local agency; E. “ emission limitation ” or “ emission standard ” means a requirement established by the environmental improvement board or the local
board, the department, the local authority or the local agency 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; F. “ federal act ” means the federal Clean Air Act, 1 its subsequent amendments and successor provisions; G. “ federal standard of performance ” means a standard of performance, emission limitation or emission standard adopted
pursuant to 42 U.S.C. Section 7411 or 7412 ; H. “ hazardous air pollutant ” means an air contaminant that has been listed as a hazardous air pollutant pursuant
to the federal act; I. “ local agency ” means the administrative agency established by a local authority pursuant to Paragraph (2) of Subsection A of Section 74-2-4 NMSA 1978; J. “ local authority ” means any of the following political subdivisions of the state that have, by following
the procedure set forth in Subsection A of Section 74-2-4 NMSA 1978 , assumed jurisdiction for local administration and enforcement of the Air Quality
Control Act: (1) a county that was a class A county as of January 1, 1980; or (2) a municipality with a population greater than one hundred thousand located within
a county that was a class A county as of January 1, 1980; K. “ local board ” means a municipal, county or joint air quality control board created by a local
authority; L. “ mandatory class I area ” means any of the following areas in this state that were in existence on August
7, 1977: (1) national wilderness areas that exceed five thousand acres in size; and (2) national parks that exceed six thousand acres in size; M. “ modification ” means a physical change in, or change in the method of operation of, a source that
results in an increase in the potential emission rate of a regulated air contaminant
emitted by the source or that results in the emission of a 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 environmental improvement board or the local 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 a natural gas curtailment or emergency allocation or
an other lack of supply of natural gas; N. “ nonattainment area ” means for an air contaminant an area that is designated “nonattainment” with respect
to that contaminant within the meaning of Section 107(d) of the federal act; O. “ person ” includes an individual, partnership, corporation, association, the state or political
subdivision of the state and any agency, department or instrumentality of the United
States and any of their officers, agents or employees; P. “ potential emission rate ” means the emission rate of a source at its maximum capacity to emit a regulated
air contaminant under its physical and operational design, provided any physical or
operational limitation on the capacity of the source to emit a regulated air contaminant,
including air pollution control equipment and restrictions on hours of operation or
on the type or amount of material combusted, stored or processed, shall be treated
as part of its physical and operational design only if the limitation or the effect
it would have on emissions is enforceable by the department or the local agency pursuant
to the Air Quality Control Act or the federal act; Q. “ regulated air contaminant ” means an air contaminant, the emission or ambient concentration of which is regulated
pursuant to the Air Quality Control Act or the federal act; R. “ secretary ” means the secretary of environment; S. “ significant deterioration ” means an increase in the ambient concentrations of an 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; T. “ source ” means a structure, building, equipment, facility, installation or operation that
emits or may emit an air contaminant; U. “ standard of performance ” means a requirement of continuous emission reduction, including any requirement
relating to operation or maintenance of a source to assure continuous emission reduction; V. “ state implementation plan ” means a plan submitted by New Mexico to the federal environmental protection agency
pursuant to 42 U.S.C. Section 7410 ; and W. “ toxic air pollutant ” means an air contaminant, except a hazardous air pollutant, classified by the environmental
improvement board or the local board as a toxic air pollutant. 1
42 U.S.C.A. § 7401 et seq.
Frequently Asked Questions About New Mexico § 74-2-2
What does New Mexico Statutes Annotated § 74-2-2 cover?
Section 74-2-2 ("Definitions") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 74-2-2?
A common citation format is "New Mexico Statutes Annotated § 74-2-2" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 74-2-2 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.