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AN ACT

RELATING TO THE ENVIRONMENT; AMENDING A SECTION OF THE AIR

QUALITY CONTROL ACT TO PROVIDE FOR BEST AVAILABLE CONTROL

TECHNOLOGY FOR MERCURY EMISSIONS FROM POWER PLANTS.

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

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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;

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(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."

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