HOUSE BILL 195

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Thomas C. Taylor

AN ACT

RELATING TO THE ENVIRONMENT; ENACTING A NEW SECTION OF THE AIR QUALITY CONTROL ACT TO PROVIDE FOR REGULATION OF SOURCES OF EMISSIONS OF OZONE THAT EXCEED NINETY-FIVE PERCENT OF THE NATIONAL AMBIENT AIR QUALITY STANDARD.

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

     Section 1. A new section of the Air Quality Control Act is enacted to read:

     "[NEW MATERIAL] DUTIES AND POWERS OF THE ENVIRONMENTAL IMPROVEMENT BOARD AND THE LOCAL BOARD FOR ATTAINMENT AND MAINTENANCE OF NATIONAL AMBIENT AIR QUALITY STANDARDS FOR OZONE.--

          A. If the environmental improvement board or the local board determines that emissions from sources within its jurisdiction cause or contribute to ozone concentrations in excess of ninety-five percent of a national ambient air quality standard for ozone, it shall adopt a plan, including regulations, to control emissions of oxides of nitrogen and volatile organic compounds to provide for attainment and maintenance of the standard.

          B. Notwithstanding the limitation provided in Section 74-2-5 NMSA 1978, the environmental improvement board or the local board may adopt standards of performance for sources for which no federal standard of performance has been adopted and standards of performance more stringent than federal standards of performance for sources for which a federal standard of performance has been adopted. Such standards of performance may be more stringent than applicable federal standards of performance if the board determines that methods to reduce air pollution are commercially available that result in greater reductions in air pollution than the federal standards for such sources.

          C. In adopting regulations, the environmental improvement board or the local board shall give weight to the following:

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

                (2) the 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.

          D. For existing sources, the environmental improvement board or the local board shall consider the remaining useful life of any existing source to which the regulations would apply."

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