Regulation Development

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 (EHD), 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 is encouraged to attend Air Board meetings, which are typically held on the second Wednesday of every month at 5:30 p.m.

Learn more about the Air Board and upcoming meetings.

Recent Air Quality Program Regulation Development Activities

Regional Haze

Second Planning Period

The Air Quality Program collaborated 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.

A draft regional haze SIP element for the second planning period was made available for public comment from July 30, 2024 to August 30, 2024.  Notice was sent out in English and Spanish via the Albuquerque Journal, Air Board Listserv, and the air quality program website.  Additionally, a public input session on the draft SIP element was held on July 30, 2024 at the International District Library, as well as virtually on August 6, 2024.  Click here to access the slideshow used in those presentations.   

A public hearing on the draft SIP element was held on September 3, 2024.  The AQCB voted 4-0 to adopt the draft SIP element.  The public was given an opportunity to provide comment at that virtual hearing. 

GCC's construction permit (2197-M2) was modified pursuant to procedures outlined in NMAC 20.11.41 in order to make the conditions in the SIP element federally enforceable.  The permit modification (2197-M3) went through a 30 day public comment period from October 3, 2024 to November 2, 2024.  No comments were received during that 30 day period.  

The final regional haze SIP element for Albuquerque-Bernalillo County has now been sent to EPA Region 6 for approval.  

First Planning Period

The final report for the annual SO2 milestone determination, pursuant to the first planning period SIP under 40 CFR § 51.309 and 20.11.46 NMAC, has been released by the Western Regional Air Partnership (WRAP).  EHD has determined that the milestone has been met for reporting year 2023, pursuant to findings in the report.  The milestone is set at 141,849 tons per year of SO2.  Participating jurisdictions in the program include Utah, Wyoming, New Mexico, and Albuquerque-Bernalillo County.  

Dust Mitigation Plan

On April 27, 2022, the EPA informed EHD that Albuquerque-Bernalillo County was subject to mitigation plan requirements pursuant to the Exceptional Events Rule (40 CFR § 51.930).  The requirement was based off frequent recurring exceptional events for PM10 in data years 2018-2020.  EHD developed a draft mitigation plan, posted the draft for 30 days public comment from March 21, 2024 through April 20, 2024, and submitted the final plan to US EPA on April 26, 2024.  EPA confirmed completeness of the dust mitigation plan on July 12, 2024.  

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:

• Participating in EPA’s voluntary Ozone Advance Program and hiring new staff to support this initiative
• Updating the vehicle emissions testing program
• Increasing public awareness on the dangers of ground-level ozone and actions to help reduce it
• Supporting the State’s efforts to develop clean car standards

View public notices and comment opportunities on regulation development activities.

View news and updates on regulation development activities. 

Recent Rulemaking Petitions Before the Air Board

For the most up to date information on current rulemakings, please visit the Air Quality Control Board page under current rulemaking proceedings. 

For more information about the rulemaking process and how to get involved:

• Look for formal public notices and information on current comment opportunities on Air Board rulemaking matters on the Board’s Public Notices and Comment Opportunities web page.
• Look for other public notices and comment opportunities in the Air Board's meeting agendas, which are posted on the Board’s Events Calendar. Typically, Air Board meetings are held on the second Wednesday of every month at 5:30 p.m., and are open to the public.
• Subscribe to the Air Quality Control Board’s email list to receive notices about upcoming Air Board meetings and hearings.
• Contact the Air Board Liaison at [email protected].
• Become familiar with the rulemaking process set forth in the Air Board's regulation, 20.11.82 NMAC, Rulemaking Procedures – Air Quality Control Board. The rulemaking process is also explained in the Air Board’s Rulemaking Process Guidebook and Manual del Proceso Normativo (en Español).

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. 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:

• The federal Clean Air Act requires the EPA to regulate air quality across the country, in partnership with state and local air quality agencies. 
• EPA air quality regulations are required by the federal Clean Air Act. 
• The EPA-approved State Implementation Plan (SIP) is a collection of regulations and documents used by the New Mexico Environment Department and the Air Quality Program to reduce air pollution in New Mexico. Learn more about SIPs.
• The New Mexico Air Quality Control Act is the law that governs air quality regulations throughout New Mexico, with special provisions applicable to a local air quality jurisdiction. 
• The New Mexico Administrative Code outlines the state air quality regulations that apply in Albuquerque-Bernalillo County.
• The Albuquerque Joint Air Quality Control Board ordinance outlines the City of Albuquerque’s ordinance governing air quality. (Chapter 9, article 5)
• The Bernalillo County Joint Air Quality Control Board ordinance outlines Bernalillo County’s ordinance governing air quality.

Contacts

Catalina Lehner, Control Strategies Manager
[email protected]
505-764-1074

Allen Smith, Air Quality Regulation Development Coordinator
[email protected]
505-768-2637