HOUSE BILL 371

46th legislature - STATE OF NEW MEXICO - first session, 2003

INTRODUCED BY

John A. Heaton





FOR THE RADIOACTIVE AND HAZARDOUS MATERIALS COMMITTEE



AN ACT

RELATING TO THE ENVIRONMENT; AMENDING THE AIR QUALITY CONTROL ACT TO PROVIDE FOR AMBIENT AIR QUALITY STANDARDS.



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] AMBIENT AIR QUALITY STANDARDS.--

A. The environmental improvement board and the local board may adopt regulations to prescribe ambient air quality standards for air contaminants. The ambient air quality standards shall be sufficient to protect the public health. If a national ambient air quality standard has been adopted for an air contaminant pursuant to Section 109 of the federal act, that standard shall be deemed sufficient to protect the public health, unless the environmental improvement board or the local board determines, after public hearing, that the standard is not sufficient pursuant to criteria in Subsection B of this section. The environmental improvement board or the local board may adopt a state ambient air quality standard for an air contaminant for which no national standard exists only if the board determines, after public hearing, that the standard is required to protect the public health pursuant to Subsection B of this section.

B. In adopting ambient air quality standards, the environmental improvement board and the local board shall consider any air quality criteria documents issued pursuant to the federal act and the latest scientific knowledge useful in indicating the kind and extent of identifiable effects on public health or welfare that may be expected from the presence, in varying quantities, of an air contaminant.

C. Not later than one year after the effective date of this section, and at five-year intervals thereafter, the environmental improvement board and the local board shall review each standard adopted pursuant to the Air Quality Control Act and shall approve or revise the standards and adopt new standards in accordance with the criteria specified in this section. If the environmental improvement board or the local board does not adopt or revise existing standards within the deadline, the existing standards are repealed."

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