The Albuquerque-Bernalillo County Air Quality Control Board (Air Board) authority was established by the New Mexico State Legislature in 1967 when the Legislature adopted the Air Quality Control Act (State Air Act) authorizing the City of Albuquerque and Bernalillo County to adopt ordinances providing for the creation of the Air Board.
The City and the County adopted parallel ordinances, creating the Air Board shortly after the Air Act was adopted. The primary function of the Air Board is to ensure that provisions of the United States Clean Air Act are implemented. According to the State Air Act, the Board shall “adopt, promulgate, publish, amend and repeal regulations consistent with the [State Air Act] 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.”
The Air Board consists of seven voting members who volunteer and are appointed to serve on the Board. Four members are appointed by the Mayor of the City of Albuquerque, with the advice and consent of the City Council, and three members are appointed by the Bernalillo County Commission. There are also two non-voting members who are representatives from the City’s Environmental Planning Commission and the County Planning Commission respectively. Members of the Air Board shall be appointed for three-year terms. No member shall serve more than two consecutive terms at a time.
A rulemaking hearing before the Air Board is a hearing to adopt, amend or repeal a board rule, regulation or standard. Procedures for this type of hearing are delineated in . Rulemaking procedures do NOT apply to adjudicatory actions.
An adjudicatory hearing before the Air Board is one in which the Board makes a final, binding determination that directly affects the legal rights of Air Quality permit applicants, permittees or other persons who participated in a permitting action before the Department and who are adversely affected by the permitting action. Procedures for this type of hearing are delineated in . Adjudicatory procedures do NOT apply to rulemaking actions.
All hearing records, including exhibits and hearing transcripts, are available from the City of Albuquerque Environmental Health Department in the Control Strategies Section of the Air Quality Division, which serves as the administrative agency for the Air Board. Please e-mail [email protected] for any information.
The regulations contained herein have been adopted by the Air Board. These regulations apply to private and public sources of air pollution in Bernalillo County, New Mexico. The Air Board’s jurisdiction does not include tribal lands (excepting 20.11.3 NMAC). Regulations are adopted by the Air Board after a public hearing is advertised and held in accordance with State law. Adopted regulations are filed with the New Mexico State Records Center, and are codified into the New Mexico Administrative Code (NMAC).
Note that these regulations are updated periodically and new regulations are adopted occasionally. Air quality regulations that apply to New Mexico counties other than Bernalillo County are adopted by the New Mexico Environmental Improvement Board.
The New Mexico Environment Department's Air Quality Bureau in Santa Fe can be contacted for more information about the non-Bernalillo County regulations.
To contact the Air Board please call Margaret Nieto, Secretary to the Air Quality Control Board at 768-2637 or email [email protected].
Air Board Meetings are usually held on the second Wednesday of each month, at 5:30pm, in the Vincent E. Griego Chambers, Albuquerque-Bernalillo County Government Center, One Civic Plaza.