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Enforcement and Compliance

The Enforcement and Compliance Division conducts routine inspections of regulated sources of air pollution and, if necessary, enforces penalties for violations to ensure that the regulated community abides by federal, state, and local air quality laws.

NOTE:  Due to COVID-19 (coronavirus), the City Hall Building is closed to the public. However, the Air Quality Program continues to receive and process air quality permit reporting requirements. The Air Quality Program requests that report submittals be done by either email or USPS. Some reports may require original signatures, and these items will need to be sent to the P.O. Box listed below.

Air quality permit reports and correspondence can be sent via email to [email protected] or mail to:

City of Albuquerque
Air Quality Program
P.O. Box 1293
Albuquerque NM 87103

Air Quality Inspections

The City of Albuquerque works with our community to ensure compliance with Air Quality regulations.

The Enforcement and Compliance Division enforces the Albuquerque-Bernalillo County Air Quality Regulations, 20.11 NMAC. Air quality inspectors carry out routine surveillance of all permitted sources of air pollution. When investigating air quality concerns, the air quality inspector will determine whether there is a regulated source (such as a facility, equipment, or construction site) out of compliance with air quality regulations. If a regulated source is determined to be out of compliance, the Air Quality Program will require the source to comply with air quality regulations and permit conditions.

A written report is prepared for all air quality inspections. Air Quality Inspection reports include supporting documentation such as photos, communications, and facility records.

View a list of air quality inspections performed in the previous month.

Search records of air quality inspections conducted over the previous 3 years.

Enforcement Actions

If a source is determined to be out of compliance with regulations and/or permit conditions, the Air Quality Program will initiate measures to bring the source into compliance. The Air Quality Program may issue a Notice of Violation, which may include a civil penalty.

Penalties

The Air Quality Program’s Penalty Policy establishes a four-step process that is used to determine the amount of a civil penalty. The policy is intended to provide appropriate sanctions through:

  • the fair and consistent determination of civil penalties;
  • civil penalties in proportion to the gravity of the violation;
  • recovery of the economic benefit of violating the New Mexico Air Quality Control Act and the Regulations;
  • a level playing field for economic competitors;
  • a defensible basis for civil penalties in enforcement actions; and
  • a basis for calculating civil penalties in administrative actions and proposing penalties in judicial tribunals.

Read the Fugitive Dust Control penalty policy

Read the Portable and Stationary Source penalty policy

Compliance Testing

A compliance test (performance test or stack test) measures the amount of a specific pollutant or pollutants being emitted through regulated stacks at a facility. Certain facilities are required to conduct compliance tests depending on their operations and permit conditions.

Permitted facilities must submit the Compliance Test Protocol and Compliance Test Report in the Air Quality Program’s standardized format.

Download the Compliance Test Protocol format

Download the Compliance Test Report format

Download the Compliance Test Table 1

Contact us if you have questions about conducting a compliance test.

Emissions Inventory Submissions

Owners or operators of a facility with an air quality permit are required to submit an emissions inventory report by March 15 of each calendar year. Read more about the emissions inventory.

Report an Air Quality Concern or Violation

The Air Quality Program takes compliance violations seriously and follows up on each complaint. We appreciate the support we receive from residents and count on your participation to help maintain good air quality in Bernalillo County. Report anyone violating air quality or dust control standards to 311.

Learn more about how we respond to resident reports of air quality concerns.