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Neighborhood Associations and Coalitions
located within the Bernalillo County.

Re:      Implementation of the New Regulation 20.11.39
of the New Mexico Administrative Code (NMAC)
Permit Waivers and Air Quality Notifications
for Certain Source Categories
Effective December 21, 2017

Dear Members of Neighborhood Associations and Coalitions:

The purpose of this letter is to inform you that on November 8, 2017, the City of Albuquerque and Bernalillo County Air Quality Control Board approved a new regulation, 20.11.39 NMAC – Permit Waivers and Air Quality Notifications for Certain Source Categories, hereinafter referred to as Part 39, which went into effect on December 21, 2017.

Part 39 allows certain stationary sources to qualify for waivers of source registration requirements pursuant to 20.11.40 NMAC or construction permit requirements pursuant to 20.11.41 NMAC; this allows the City of Albuquerque to issue Air Quality Notifications (AQN) to the following stationary sources located within the City of Albuquerque and Bernalillo County if they meet the applicable requirements.

  • Emergency stationary reciprocating internal combustion engines (ES-RICE) as defined in NMAC; and
  • Gasoline dispensing facilities (GDF) as defined in NMAC.
However, Part 39 does not apply to the following:
  • ES-RICE or GDF located within Indian lands over which the Albuquerque-Bernalillo County Air Quality Control Board does not have jurisdiction;
  • If the ES-RICE or GDF is part of major source subject to an Operating Permit per 20.11.42 NMAC;
  • Any non-emergency stationary RICE engine;
  • Sources that contain emission units other than ES-RICE or a GDF and require a construction permit according to 20.11.41 NMAC;
  • Sources that are part of a Title V permit; orSources located in a single-family private residence.
Per NMAC, on the first business day of each month, the Air Quality Program will post on their website a list of all the AQNs issued within the previous month, which will include the name and location of each AQN issued.  Additionally, on a quarterly basis, the Air Quality Program will publish on its website a list with all active AQNs.

If you have any questions regarding this new regulation, please contact us at or (505) 768-1972.

Thank you,

Permitting Division
Air Quality Program
Environmental Health Department