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Regulation Development

The Air Quality Program develops and proposes new and amended air quality regulations and plans for the City of Albuquerque and Bernalillo County.

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The Air Quality Program presents these proposals to the Albuquerque-Bernalillo County Air Quality Control Board or the U.S. Environmental Protection Agency so they can consider adoption.

Under New Mexico law, air quality regulation in the City of Albuquerque and Bernalillo County is the responsibility of local government rather than the state. Thus, the Air Quality Program, administered by the City of Albuquerque Environmental Health Department, and the Air Quality Control Board regulate air pollution in accordance with federal, state, and local rules and regulations. Air quality regulation for the rest of the state is the responsibility of the New Mexico Environment Department and the state Environmental Improvement Board

Air Quality Program and Air Board Partnership

The Air Quality Control Board is an is an appointed, seven-member volunteer citizen board created to carry out duties to prevent or abate air pollution under the New Mexico Air Quality Control Act and the federal Clean Air Act. The Air Board serves as a joint local authority acting on behalf of both the City of Albuquerque and Bernalillo County.

The City of Albuquerque Environmental Health Department’s Air Quality Program serves as the local agency partner to the Air Board, and is authorized to administer and enforce the provisions of the state Air Quality Control Act and the federal Clean Air Act within the City of Albuquerque and Bernalillo County.

Air Board meetings are open to the public and conducted in accordance with the Open Meetings Act. The public are encouraged to attend Air Board meetings, which are held on the second Wednesday of every month at 5:30 p.m.

Learn more about the Air Board and upcoming meetings.

Current Regulation Development Activities

Regional Haze

The Air Quality Program is working with the New Mexico Environment Department on a plan to improve visibility at designated national parks and wilderness areas, as required by EPA's Regional Haze Rule. Learn more about the Air Quality Program's regional haze planning.

Ozone

The Air Quality Program’s goal is to remain in attainment (compliance) with EPA's National Ambient Air Quality Standard for ozone. The Program's Ozone Reduction Initiative includes:

View public notices and comment opportunities on regulation development activities.

View news and updates on regulation development activities. 

Public Participation in Regulation Development

The Air Quality Program seeks public input on new and amended regulations and plans prior to formally proposing them to the Air Board.

Public participation is an integral part of regulation development. The type and extent of public involvement varies according to the type, complexity, and level of public concern of a proposed plan or regulation. The Air Quality Program involves the public by providing early, continuous, transparent, and effective access to information and decision-making processes. At all stages of the public participation process, the Air Quality Program will provide language translation and interpretation services as needed, as well as provide access to those with disabilities or special needs.

Public involvement efforts include, but are not limited to, notices and opportunities to comment, public listening sessions, and public meetings including Air Board meetings and hearings. Public involvement activities required under the State Air Quality Control Act (NMSA 1978 § 74-1-9), the Air Board's rulemaking procedures (20.11.82 NMAC), and the Code of Federal Regulations (40 CFR §§ 51.100 to 51.105) must be completed prior to the submittal of any proposed plan or regulation to the Air Board or the EPA. When the Air Quality Program has finalized a proposed plan or regulation, it will request the Air Board hold a public hearing or submit the proposal directly to the EPA, depending on the type of plan or regulation.

The Air Board process for considering new air quality regulations and plans is governed by the New Mexico Air Quality Control Act and by the Air Board's rulemaking procedures. These laws require that the public be notified and invited to participate in the Air Board's consideration of a proposed regulation or plan.

EPA regulations require an opportunity for public participation in Air Board hearings when the hearing pertains to regulations or plans that the EPA will review for possible inclusion in the federally enforceable State Implementation Plan.

Learn more about opportunities for public involvement in regulation development.

Applicable Laws, Regulations, and Ordinances

The Air Quality Program must develop regulations and plans in accordance with federal, state and local laws. Learn more about these laws and the regulatory framework created in accordance with them:

 

Contact

Dario Rocha, Control Strategies Division Manager
[email protected]
505-768-2637