SENATE BILL 489

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Clinton D. Harden

AN ACT

RELATING TO THE ENVIRONMENT; AMENDING A SECTION OF THE AIR QUALITY CONTROL ACT TO PROVIDE THAT NO GREENHOUSE GAS EMISSION RULE MAY BE MORE STRINGENT THAN FEDERAL LAW OR REGULATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 74-2-5 NMSA 1978 (being Laws 1967, Chapter 277, Section 5, as amended) is amended to read:

     "74-2-5. DUTIES AND POWERS--ENVIRONMENTAL IMPROVEMENT BOARD--LOCAL BOARD.--

          A. The environmental improvement board or the local board shall prevent or abate air pollution.

          B. The environmental improvement board or the local board shall:

                (1) adopt, promulgate, publish, amend and repeal regulations consistent with the Air Quality Control 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 environmental improvement board's jurisdiction or the local board's jurisdiction, or any part thereof; and

                (2) adopt a plan for the regulation, control, prevention or abatement of air pollution, recognizing the differences, needs, requirements and conditions within the geographic area of the environmental improvement board's jurisdiction or the local board's jurisdiction or any part thereof.

          C. Regulations adopted by the environmental improvement board or the local board may:

                (1) include regulations to protect visibility in mandatory class I areas to prevent significant deterioration of air quality and to achieve national ambient air quality standards in nonattainment areas; provided that such regulations:

                     (a) shall be no more stringent than but at least as stringent as required by the federal act and federal regulations pertaining to visibility protection in mandatory class I areas, pertaining to prevention of significant deterioration and pertaining to nonattainment areas; and

                     (b) shall be applicable only to sources subject to such regulation pursuant to the federal act;

                (2) prescribe standards of performance for sources and emission standards for hazardous air pollutants that, except as provided in this subsection:

                     (a) shall be no more stringent than but at least as stringent as required by federal standards of performance; and

                     (b) shall be applicable only to sources subject to such federal standards of performance;

                (3) include regulations governing emissions from solid waste incinerators that shall be at least as stringent as, and may be more stringent than, any applicable federal emission limitations;

                (4) include regulations requiring the installation of control technology for mercury emissions that removes the greater of what is achievable with best available control technology or ninety percent of the mercury from the input fuel for all coal-fired power plants, except for coal-fired power plants constructed and generating electric power and energy before July 1, 2007;

                (5) require notice to the department or the local agency of the intent to introduce or permit the introduction of an air contaminant into the air within the geographical area of the environmental improvement board's jurisdiction or the local board's jurisdiction; and

                (6) require any person emitting any air contaminant to:

                     (a) install, use and maintain emission monitoring devices;

                     (b) sample emissions in accordance with methods and at locations and intervals as may be prescribed by the environmental improvement board or the local board;

                     (c) establish and maintain records of the nature and amount of emissions;

                     (d) submit reports regarding the nature and amounts of emissions and the performance of emission control devices; and

                     (e) provide any other reasonable information relating to the emission of air contaminants.

          D. Any regulation adopted pursuant to this section shall be consistent with federal law, if any, relating to control of motor vehicle emissions.

          E. In making its regulations, the environmental improvement board or the local board shall give weight it deems appropriate to all facts and circumstances, including but not limited to:

                (1) character and degree of injury to or interference with health, welfare, visibility and property;

                (2) the public interest, including the social and economic value of the sources and subjects of air contaminants; and

                (3) technical practicability and economic reasonableness of reducing or eliminating air contaminants from the sources involved and previous experience with equipment and methods available to control the air contaminants involved.

          F. The environmental improvement board or the local board shall not adopt a rule more stringent than federal law or regulation for reporting, verifying, limiting, trading or capping the emission of greenhouse gases."

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