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The menu below provides rapid access to the latest information and updates on proposed, new and amended air quality regulations and New Mexico State Implementation Plan (SIP) additions and amendments. Please check this webpage periodically for updates.

For information on policies and procedures for air quality permitting, please go to the Permitting Home Page.


Current Proposed Changes to Air Quality Regulations and Plans

Recently Approved Changes to Air Quality Regulations and Plans

Recent EPA Approvals of Regulatory Changes and Plans


Current Proposed Changes to Air Quality Regulations and Plans

The following are summaries of proposed new air quality regulations and proposed amendments to existing regulations and the New Mexico State Implementation Plan (SIP).  [return to top of page]


Proposed Air Quality Permitting Fee Updates (20.2.71 NMAC and 20.2.75 NMAC)

On March 7, 2024, the Air Quality Bureau (AQB) petitioned the Environmental Improvement Board to repeal and replace 20.2.71 NMAC, Operating Permit Fees (Part 71), and 20.2.75 NMAC, Construction Permit Fees (Part 75), to increase air permit fees to cover the costs of administering and implementing the requirements of the New Mexico Air Quality Control Act and federal Clean Air Act.  

AQB will hold a virtual stakeholder engagement meeting on Wednesday, March 20 from 4:00 – 6:00 p.m. The proposed revisions to both regulations will be discussed in detail and there will be time for questions from the public.

The full text of the Bureau’s proposed amendments to Part 71 and 75 and related documents are available for download on the Environmental Improvement Board’s Docketed Matters webpage or in hard copy at the Bureau’s main office, 525 Camino de los Marquez, Santa Fe, New Mexico, 87505.  

Persons requiring language interpretation services or having a disability who need a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the meeting should contact Kirby Olson no later than 5:00 p.m. on March 15, 2024 at kirby.olson@env.nm.gov. TDD or TDY users please access this number via the New Mexico Relay Network (Albuquerque TDD users: (505) 275-7333; outside of Albuquerque: 1-800-659-1779; TTY users: 1-800-659-8331).

For additional information or questions about this bulletin, please contact either Kirby Olson at kirby.olson@env.nm.gov or Liz Kuehn at elizabeth.kuehn@env.nm.gov

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El 7 de marzo de 2024, la Oficina de Calidad del Aire (AQB, por sus siglas en inglés) presentó una petición a la Junta de Mejora Ambiental para derogar y reemplazar la Parte 71, Tarifas de Permisos de Operación y la Parte 75, Tarifas de Permisos de Construcción para aumentar las tarifas de los permisos de aire para cubrir los costos de administración e implementación de los requisitos de la Ley de Control de Calidad del Aire de Nuevo México y la Ley Federal de Aire Limpio.

La AQB celebrará una reunión virtual de participación con las partes interesadas el miércoles, 20 de marzo de 4:00 p. m. a 6:00 p. m. Las revisiones propuestas a ambas regulaciones se discutirán en detalle y habrá tiempo para preguntas del público.

El texto completo de las enmiendas propuestas por la Oficina a los documentos relacionados con las Partes 71 y 75 están disponibles para descargar en la página web Docketed Matters de la Junta de Mejoramiento Ambiental o en copia impresa en la oficina principal de la Oficina, 525 Camino de los Márquez, Santa Fe, Nuevo México, 87505.

Las personas que requieran servicios de interpretación de idiomas o que tengan una discapacidad que necesiten un lector, un amplificador, un intérprete de lenguaje de señas calificado o cualquier otra forma de ayuda o servicio auxiliar para asistir o participar en la reunión deben comunicarse con Kirby Olson a más tardar a las 5:00 p. m. el 15 de marzo de 2024 en kirby.olson@env.nm.gov . Los usuarios de TDD o TDY pueden acceder a este número a través de New Mexico Relay Network (usuarios de TDD de Albuquerque: (505) 275-7333; fuera de Albuquerque: 1-800-659-1779; usuarios de TTY: 1-800-659-8331).

Para obtener información adicional o preguntas sobre este boletín, comuníquese con Kirby Olson en kirby.olson@env.nm.gov o con Liz Kuehn en elizabeth.kuehn@env.nm.gov

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Proposed Good Neighbor State Implementation Plan Certification for the 2015 Ozone National Ambient Air Quality Standard

The New Mexico Environment Department (NMED) announces a public hearing on New Mexico’s proposed Good Neighbor State Implementation Plan (SIP) Certification for the 2015 ozone National Ambient Air Quality Standard (NAAQS). The purpose of the hearing is to consider the matter of EIB 21-05 to certify that New Mexico has an adequate, federally-approved SIP that addresses CAA Section 110(a)(2)(D)(i) regarding interstate transport of air pollution in this submittal. The proposed certification confirms to the U.S. Environmental Protection Agency (“EPA”) that the State of New Mexico has the required “infrastructure” in place under the current SIP to implement, maintain, and enforce the revised 2015 Ozone NAAQS and fulfills its “good neighbor” obligations under the CAA.

All comments must be received by 5:00 PM MDT on April 22, 2021 in order for NMED to include a response in the hearing record. Anyone may present technical testimony, non-technical testimony or provide written or oral comments at the hearing. Please see the public hearing notice below for detailed instructions for participation.

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Recently Approved Changes to Air Quality Regulations and Plans

The following are summaries of recently approved changes to New Mexico air quality regulations and the New Mexico State Implementation Plan. These changes were approved by either the Environmental Improvement Board or U.S. EPA within the last two years. Please check this webpage periodically for updates.  [return to top of page]


Carbon dioxide emission standards for coal-fired electric generating facilities

The New Mexico Environmental Department (NMED) announces a new rulemaking to develop emission standards for new and existing electric generating facilities, 20.2.101 NMAC, Carbon Dioxide Emission Standards for Coal-Fired Electric Generating Facilities.

During the 2019 legislative session, Senate Bill 489 introduced the Energy Transition Act (ETA), which was later signed into law by Governor Michelle Lujan Grisham. The ETA sets statewide renewable energy standards and establishes a pathway for a low-carbon energy transition away from coal. The ETA requires the Environmental Improvement Board (EIB) to promulgate a rule that limits carbon dioxide emissions from certain electric generating facilities under their jurisdiction to 1,100 pounds per megawatt-hour on or after January 1, 2023. The EIB’s jurisdiction does not include Bernalillo County or Tribal lands.

The New Mexico Environmental Improvement Board will hold a public hearing on October 26, 2022, to consider the NMED’s proposed new rulemaking targeting carbon dioxide emissions from coal-fired electric generating facilities.

This webpage provides information regarding the rulemaking hearing and key documents. Please visit the Environmental Improvement Board website for further hearing information.

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Dust Mitigation Plan and Fugitive Dust Rule

On September 16, 2016, the Administrator for the U.S. Environmental Protection Agency (EPA) signed revisions to the Exceptional Events Rule with the final rule published in the Federal Register on October 3, 2016. The federal Clean Air Act (Section 319(b)(3)(A)) identifies five guiding principles for developing implementing regulations of exceptional events:

  1. Protection of public health is the highest priority;
  2. All ambient air quality data should be included in a timely manner in an appropriate federal air quality database that is accessible to the public;
  3. Timely information should be provided to the public in any case in which the air quality is unhealthy;
  4. Each state must take necessary measures to safeguard public health regardless of the source of the air pollution; and
  5. Air quality data should be carefully screened to ensure that events not likely to recur are represented accurately in all monitoring data and analyses.

Section V of the preamble to the final rule (81 FR 68270) addresses mitigation and requires the development of mitigation plans in areas with “historically documented” or “known seasonal” exceptional events.  These events must be of the same type and pollutant (i.e., high wind dust/PM10) and recur annually or seasonally. Doña Ana and Luna Counties in southern New Mexico were identified by EPA as areas required to be covered by mitigation plans. NMED developed a single mitigation plan for the two counties and a copy may be found below.

Dust Mitigation Plan for Doña Ana and Luna Counties

NMED developed a fugitive dust rule in conjunction with the mitigation plan to detail mandatory measures to abate certain controllable sources in Doña Ana and Luna Counties. A public hearing was held on September 28, 2018 in Las Cruces and the board adopted the rule on October 26, 2018. Copies of the final rule, hearing transcripts and statement of reasons to adopt the rule are provided below.

For questions related to the dust mitigation plan or fugitive dust rule, please contact Armando Paz at (575) 629-3242 or armando.paz@state.nm.us. To stay up to date on the progress of this regulatory action, please visit our website, www.env.nm.gov/air-quality/ and sign up for the Regulatory and SIP or Border Air Quality listserv bulletins.  [return to top of page]


Good Neighbor State Implementation Plan Certification for the 2010 Nitrogen Dioxide National Ambient Air Quality Standard

The New Mexico Environment Department (NMED) announces an opportunity to comment on and request a public hearing on New Mexico’s proposed Good Neighbor State Implementation Plan (SIP) Certification for the 2010 Nitrogen Dioxide National Ambient Air Quality Standard (NAAQS). The proposed Good Neighbor SIP Certification addresses Clean Air Act (CAA) Section 110(a)(2)(D)(i)(I), to confirm to the U.S. Environmental Protection Agency (EPA) that the State of New Mexico has the required “infrastructure” to implement, maintain, and enforce the 2010 Nitrogen Dioxide NAAQS and fulfills its “good neighbor” obligations under the CAA.

All comments or requests for a public hearing must be received by May 17, 2021.* If a request for a public hearing is received during the 30-day public comment period, a hearing date, time and location will be announced at a later date.

*The revised public comment closing date is May 17, 2021, not May 15, 2021 as published in the Albuquerque Journal.

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Incorporation by Reference of federal NSPS, NESHAP and MACT rules

A public hearing was held November 17, 2023 where the Environmental Improvement Board unanimously approved amendments to the dates of incorporation by reference contained in 20.2.77 NMAC (New Source Performance Standards), 20.2.78 NMAC (Emission Standards for Hazardous Air Pollutants), and 20.2.82 NMAC (Maximum Achievable Control Technology Standards for Source Categories of Hazardous Air Pollutants). The previous update for Parts 77, 78 and 82 was January 15, 2017. Since the most recent date of incorporation, there have been 119 changes to various federal New Source Performance Standards, Emission Standards for Hazardous Air Pollutants, and Maximum Achievable Control Technology Standards. Adoption of the incorporation by reference amendments changes the “through date” in Parts 77, 78 and 82 that reference the final rulings made at the federal level through June 28, 2023.

Please contact Armando Paz at armando.paz@env.nm.gov or at (505) 629-5025 for additional information. [return to top of page]


Infrastructure State Implementation Plan Certification for the 2015 Ozone National Ambient Air Quality Standard

The New Mexico Environment Department (NMED) submitted New Mexico’s proposed Infrastructure State Implementation Plan (iSIP) Certification for the 2015 ozone National Ambient Air Quality Standard (NAAQS) to the EPA on November 16, 2018.  The iSIP certification addresses elements of a Clean Air Act (CAA) Section 110(a)(2), to confirm to the EPA that the State of New Mexico has the required “infrastructure” to implement, maintain, and enforce the 2015 ozone NAAQS, promulgated on October 1, 2015 (80 FR 65291, October 26, 2015).

This certification does not address CAA Section 110(a)(2)(D)(i)(I), which prohibits emissions from New Mexico that significantly contribute to nonattainment or interfere with maintenance of a NAAQS in a downwind state. This section is often referred to as the “Good Neighbor Provision” and will be addressed in a future submission to EPA.

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Municipal Solid Waste Landfills – New Source Performance Standards and Emission Guidelines

In August 2016, EPA issued revised standards for both new and existing municipal solid waste landfills (MSWLs). The New Source Performance Standards at 40 CFR 60 Subpart XXX apply to landfills constructed or modified after July 17, 2014. The Emission Guidelines at 40 CFR 60 Subpart Cf apply to landfills constructed or modified on or prior to this date. Both of these federal rules aim to reduce landfill gas emissions. The New Source Performance Standard were incorporated by reference into the New Mexico Administrative Code (NMAC) on April 28, 2017.

Subpart Cf, promulgated under Section 111(d) of the Clean Air Act, requires that states, tribes and local authorities with jurisdiction over existing landfills develop a plan to implement the emission guidelines. One aspect of that state plan, for New Mexico, is the amendment of 20.2.64 NMAC – Municipal Solid Waste Landfills (Part 64).

On April 28, 2017, the Environmental Improvement Board unanimously approved the adoption of the State Plan implementing the emission guidelines and the repeal and replacement of Part 64.

NMED submitted the approved State Plan implementing the Emission Guidelines in early May, 2017. On May 31, 2017, the EPA issued a 90-day stay on both the NSPS and EGs. This 90-day stay expired on August 29, 2017.  Therefore, the 2016 federal rules are currently in effect. However, EPA is reconsidering several issues in these final rules. EPA does “not plan to prioritize” the review of submitted state plans and issuance of a Federal Plan for states that failed to submit a state plan. For more information on these rules and rule history, visit EPA’s web page for landfills.

Please contact Neal Butt at (505) 629-2972 or neal.butt@state.nm.us if you have questions or comments concerning the State Plan development. For questions regarding implementation of the emission guidelines, contact EPA Region 6 (Boyce.Kenneth@epa.gov).  [return to top of page]


Negative Declarations

Negative Declarations may be submitted to the U.S. EPA when Emissions Guidelines are finalized for existing sources. Emissions Guidelines require States, Tribes and Local Agencies to develop plans to implement the guidelines (rules) for sources within their jurisdictions that meet the applicability criteria. When a State, Tribe or Local Agency does not have an applicable source covered by the rule, a letter to U.S. EPA stating such may be submitted in lieu of an implementing plan. This is termed a “Negative Declaration.”

Please contact Neal Butt at (505) 629-2972 or neal.butt@state.nm.us if you have questions or comments concerning Negative Declarations.  [return to top of page]


Nonattainment Area Permit Amendments (20.2.79 NMAC)

The Air Quality Bureau (AQB) of the New Mexico Environment Department (Department) intends to propose to the Environmental Improvement Board (EIB), amendments to 20.2.79 NMAC, Permits – Nonattainment Areas (“Part 79”), to make technical and administrative corrections to the rule. Part 79 specifies permitting requirements for any new major stationary source or major modification of an existing source located within a designated nonattainment area; or located within an area designated attainment or unclassifiable and will emit a regulated pollutant that significantly impacts a nonattainment area for the same pollutant.

The U.S. Environmental Protection Agency (EPA) designated a part of Doña Ana County near the Sunland Park area as a marginal nonattainment area for the 2015 ozone National Ambient Air Quality Standard (“2015 O3 NAAQS”) on August 3, 2018, requiring the AQB to develop a State Implementation Plan (“SIP”) revision that includes a nonattainment permitting rule (i.e., Part 79) and submit it to EPA by August 3, 2021.

In December 2018, EPA promulgated the 2015 O3 NAAQS implementation rule, which specifies nonattainment area SIP requirements.  This final rule, referred to as the 2015 O3 SIP Requirements Rule (“2015 O3 SRR”), is largely an update to the previous implementing regulations promulgated for the 2008 O3 NAAQS, and does not contain significant revisions from that previous rule.

The 2015 O3 SRR addresses a range of nonattainment area SIP requirements New Mexico must meet for implementation of the 2015 O3 NAAQS, including transportation conformity, nonattainment new source review (“NNSR”), emissions inventories, and emissions statement deadlines for SIP submissions and compliance with emission control measures in the SIP.

Pursuant to the 2015 O3 SRR, NMED submitted a baseline Emissions Inventory and Emissions Statement to EPA by the specified deadline of August 3, 2020.  For more information see /air-quality/dona-ana-2/

As part of the effort to comply with the 2015 O3 SRR, the AQB analyzed Part 79 to determine if it was adequate to implement and enforce the standard. The AQB compared Part 79 with 40 CFR 51.165, Permit Requirements, and identified cross-reference inconsistencies and typographical errors that are addressed in the proposed revision.

Documents related to the proposed draft amendments to Part 79 are provided below.

All comments must be received by 5:00 PM MDT on May 21, 2021 in order for NMED to include a response in the hearing record. Anyone may present technical testimony, non-technical testimony or provide written or oral comments at the hearing. Please see the public hearing notice below for detailed instructions for participation.

Please contact Neal Butt at (505) 629-2972 or neal.butt@state.nm.us if you have questions or comments concerning the proposed amendments.  [return to top of page]


Petroleum Processing Facility Regulation Repeal (20.2.37 NMAC)

At a public hearing held August 12, 2016, the Environmental Improvement Board unanimously approved the repeal of 20.2.37 NMAC. Part 37 was adopted in 1974
and specifies emissions limits and other operating requirements for existing (constructed prior to July 1, 1974) and new petroleum refineries and natural gas processing facilities. This rule regulates emissions from several processes associated with petroleum processing facilities and has not been substantially revised since 1984. The rule was identified in the November 2012 Improving Environmental Permitting Report for potential revision or repeal. The Air Quality Bureau has conducted a thorough analysis of the rule as well as other similar federal rules that apply to this industry, and has concluded that the rule can be repealed without a relaxation of emissions controls or an adverse effect on air quality

Please contact Mark Jones at mark.jones@state.nm.us or at (505) 566-9746 for additional information.  [return to top of page]


Revisions to the New Mexico State Implementation Plan Regarding Startup, Shutdown and Malfunctions

A public hearing, held September 9, 2016, approved revisions to the State Implementation Plan (SIP) for New Mexico. The SIP revisions are in response to a final action issued by the U.S. Environmental Protection Agency (EPA). On June 12, 2015, the EPA published its final action to ensure states have plans in place that are fully consistent with the Clean Air Act and recent court decisions concerning startup, shutdown and malfunction (SSM) operations.

In response to this final action, the New Mexico Environment Department Air Quality Bureau proposed revisions to the State Implementation Plan (SIP). These SIP revisions entail removing applicable sections of 20.2.7 NMAC – Excess Emissions during Malfunction, Startup, Shutdown, or Scheduled Maintenance from the SIP. The proposal was unanimously approved by the Environmental Improvement Board on September 9, 2016.

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SO2 Data Requirements Rule (SO2 DRR) – Implementation of the 2010 1-hour Sulfur Dioxide Primary National Ambient Air Quality Standard

The U.S. EPA requires each State to supply information regarding sources that emit greater than 2,000 tons per year of sulfur dioxide in order to determine compliance with the 2010 1-hour primary standard. The schedule of required information includes:

The Round 4 2010 SO2 NAAQS Designations action was signed by the EPA Administrator, Andrew Wheeler, on December 21, 2020, pursuant to a court-ordered deadline of December 31, 2020. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, Acting Administrator Jane Nishida re-signed the same action on March 10, 2021 for publication in the Federal Register. Attainment/nonattainment designations for New Mexico were completed in December 2017. For more information on the 2010 SO2 NAAQS and the Round 3 area designations, visit EPA’s Round 3 2010 SO2 NAAQS Designations webpage.

In accordance with the ongoing requirements in the federal rule, NMED must submit annual reports of the San Juan Generating Station’s SO2 emissions by July 1st of each year following designation. The purpose of this report is to analyze whether or not new modeling is required for areas that employed modeling of actual emissions for characterization. The fourth annual report for San Juan Generating Station (SJGS) is now available for review and public comment before submission to EPA. The report shows that SO2 emissions continue to decrease from the modeling years of 2013-2015. 2018 emissions decreased significantly because two units were shut down in December 2017. The 2020 one-hour average and the one-hour maximum SO2 emissions showed decreases over the 2019 emissions. The three-year average for 2018-2020 showed decreased emissions when compared to the modeled three-year average for 2013-2015. Also, the annual maxima for 2018-2020 as well as the 99th percentile of 1-hour maxima for 2018-2020 significantly decreased from the modeled years of 2013-2015. Therefore, NMED recommends that new modeling should not be required at this time.

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Total Suspended Particulate NM Ambient Air Quality Standard Repeal

The Improving Environmental Permitting Initial Report recommended that the Air Quality Bureau consider the NM Ambient Air Quality Standards (NMAAQS) for Total Suspended Particulate (TSP) for repeal.

The NM standards were adopted in 1969, prior to the adoption of the National Ambient Air Quality Standards (NAAQS) in 1971. The U.S. Environmental Protection Agency (EPA) revised its standards in 1987, replacing TSP with particulate matter less than 10 microns (PM10). The NM TSP standards were retained, to protect the public from soiling and nuisance effects of larger particulates (dust).

The Air Quality Bureau studied the issue and determined that a repeal of the TSP standards will not cause a deterioration in air quality; the current federal air quality standards for PM10 and PM2.5 are protective of public health. A repeal also eased the permitting burden for regulated sources and the Air Quality Bureau. A hearing was scheduled for September 28, 2018 in Las Cruces.

  • Public Notice of Rulemaking Hearing: Repeal of TSP Standard (English and Spanish)

In part to address soiling and nuisance effects of windblown dust, the Air Quality Bureau developed a dust mitigation plan and associated fugitive dust rule that applies in areas that are in danger of violating the PM10 NAAQS. (See “Dust Mitigation Plan and Fugitive Dust Rule” above.)

On September 28, 2018, the Environmental Improvement Board (EIB) held a public hearing in Las Cruces, NM to consider the proposed repeal of the NM Ambient Air Quality Standard for TSP contained in Section 109 of 20.2.3 NMAC. The EIB unanimously approved the proposal at its October 26, 2018 meeting in Santa Fe. The effective date of the repealed standard was November 30, 2018.

The “Notice if Intent for 18-04 (R)” includes written testimony, proposed rule amendments, a noninterference demonstration under CAA 110(l), and copies of public notices and affidavits of publication.

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Recent EPA Approvals of Regulatory Changes and Plans

The following are links to recently approved regulatory changes or plans. To view all EPA approvals related to the State Implementation Plan, please visit the electronic code of federal regulations.

NM Regulations:

Other:

  • Infrastructure for the 2015 Ozone National Ambient Air Quality Standards and Repeal of State Regulations for Total Suspended Particulate (effective October 18, 2019) 84 FR 49057 2015 O3 TSP Approval
  • FR – MSW Landfill 11 Sept 2019
  • Infrastructure and Transport for 2008 lead (Pb) NAAQS (effective July 13, 2015) 80 FR 33191
  • Infrastructure for the 2008 ozone NAAQS (effective July 24, 2015) 80 FR 36246, to include: Good Neighbor SIP for the 2008 ozone NAAQS (effective June 3, 2020) 85 FR 26361
  • Infrastructure for the 2010 NO2 NAAQS (effective July 24, 2015) 80 FR 36246
  • Infrastructure for 2010 SO2 NAAQS (effective November 13, 2015) 80 FR 61751
  • Infrastructure and transport for 2012 Fine Particulate Matter (PM2.5) NAAQS 83 FR 12493 (NM action begins on 12495)

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Air Quality Bureau contacts

Find a list of Air Quality Bureau contacts below:

Air Quality Bureau contacts

Ph: 505-476-4300

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