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The regulations contained herein have been adopted by the Albuquerque-Bernalillo County Air Quality Control Board (Board). These air quality regulations represent the most up-to-date version of the regulations that are applicable to private and public sources of air pollution in Bernalillo County , New Mexico . The regulations do not apply to tribal lands because the Board lacks jurisdiction over Indian lands. Each regulation was adopted by the Board after a public hearing that was advertised in accordance with State law. After adoption, each regulation was filed with the New Mexico State Records Center and the regulation (or its amendment) was published in the New Mexico Register. The regulations are part of the New Mexico Administrative Code (NMAC) and they have status as regulations of the State of New Mexico.
The New Mexico State Legislature granted the Board the authority and responsibility to prevent or abate air pollution in Bernalillo County . In 1967, the Legislature adopted the Air Quality Control Act (State Act) which authorized the City of Albuquerque and Bernalillo County to adopt ordinances providing for creation of the Board. The City and the County adopted parallel ordinances, and the Board was created shortly after the State Act was adopted. A primary function of the Board is to ensure that provisions of the United States Clean Air Act, as amended, are implemented. Also, according to the State Act, the Board shall:
adopt, promulgate, publish, amend and repeal regulations consistent with the Air Quality Control Act [Chapter 74, Article 2 NMSA 1978] to attain and maintain national ambient air quality standards and prevent or abate air pollution, including regulations prescribing air standards, within the geographic area of the local board's jurisdiction or any part thereof. 74-2-5.B(1) NMSA.
The Board consists of seven voting members who volunteer to serve on the Board. Four members are appointed by the City of Albuquerque and three members are appointed by Bernalillo County . Members of the Board generally serve two consecutive three-year terms. To adopt, amend or repeal a regulation, a majority (i.e., four members) of the Board must vote to approve the regulation. All hearing records, including exhibits and hearing transcripts, are available from the City of Albuquerque Environmental Health Department. The Environmental Health Department serves as the administrative agency for the Board.
Note that these regulations are updated periodically and new regulations are adopted occasionally. Please contact the Air Quality Division of the Environmental Health Department at (505) 768-1972 for the latest updates to the regulations. In addition, if you have questions regarding the content of the regulations or their applicability to an air pollution source, contact the Air Quality Division. Air quality regulations similar to the local Board regulations for Bernalillo County have been adopted by the New Mexico Environmental Improvement Board and apply to the other 32 counties in New Mexico . You may contact the New Mexico Environment Department's Air Quality Bureau in Santa Fe for more information about the non-Bernalillo County regulations.
If you wish to contact the Board, please send your email to jamend@cabq.gov.
Unless otherwise noted all Air Board meetings take place in the Vincent E. Griego Chambers in the Albuquerque-Bernalillo County Government Center. For more information please contact Janice Amend at 768-2601 or jamend@cabq.gov.
April 23, 2008 5:00 - 8:15 PM