Laws and Regulations

NMED operates under a variety of state statutes, rules and federal regulations.

Laws and statutes are enforceable legal standards passed by New Mexico Legislature and sign by the governor, or passed by the United States Congress and signed by the President of the United States.

Rules are adopted by state agencies or governing boards which prescribe additional legal standards.

NMED also operates under policies and guidance documents. These are not enforceable, but lay the foundation for how our programs carry out their responsibilities.

State Rules

Rules are a category of law written by state agencies to support, clarify, or implement statutes enacted by the Legislature. They are subordinate to statutes and must work within the framework established by statute. They originate within federal and state agencies rather than a legislative body. These rules help place the law into effect; laws may provide a framework, and rules fill in the necessary details.

State law allows NMED, the Environmental Improvement Board, and/or the Water Quality Control Commission to create detailed standards of environmental protection. Rules proposed by NMED are reviewed by the Cabinet Secretary, the Environmental Improvement Board, or the Water Quality Control Commission.

Rules are compiled in New Mexico Administrative Code and actions contrary to them are illegal.

The rules that govern NMED are:

Air Quality
- Air Quality (Statewide): 20.2.1-20.2.350 NMAC
Drinking Water
- Drinking Water: 20.7.10 NMAC
- Utility Operator Certification: 20.7.4 NMAC
Food Safety
- Food Service and Food Processing: 7.6.2 NMAC
Groundwater
- Ground and Surface Water Protection: 20.6.2 NMAC
- Voluntary Remediation Program: 20.6.3 NMAC
- Supplemental Permitting Requirements for Dairy Facilities: 20.6.6 NMAC
- Supplemental Permitting Requirements for Copper Mine Facilities: 20.6.7 NMAC
Hazardous Waste
- Hazardous Waste Management: 20.4.1 NMAC
- Hazardous Waste Fees: 20.4.2 NMAC
- Annual Hazardous Waste Fees: 20.4.3 NMAC
- Clandestine Drug Laboratory Remediation: 20.4.5 NMAC
Nuisance Abatement
- Mosquito Abatement and Control: 20.8.2 NMAC
Petroleum Storage Tanks
- Petroleum Storage Tank Regulations: 20.5.101-20.5.125 NMAC
Procedures
- Rulemaking Procedures – Environmental Improvement Board: 20.1.1 NMAC
- Adjudicatory Procedures – Environmental Improvement Board: 20.1.2 NMAC
- Adjudicatory Procedures – Water Quality Control Commission: 20.1.3 NMAC
- Permit Procedures: 20.1.4 NMAC
- Adjudicatory Procedures: 20.1.5 NMAC
- Parental Responsibility Act Compliance: 20.1.7 NMAC
- Regulatory Change Procedures: 20.1.9 NMAC
Public Swimming Pools
- Public Swimming Pools and Public Baths: 7.18.1 NMAC
Radiation Protection
- Radiation Licensing: 20.3.3 NMAC
- Radiologic Technology Certification: 20.3.20 NMAC
Sanitary Projects
- Board of Director Training Requirements: 20.12.2 NMAC
Septic Tanks: See Wastewater
Solid Waste (Landfills)
- 2007 Solid Waste Rules: 20.9.2-20.9.10 NMAC
- Tire Recycling: 20.9.2 NMAC
- Facility Grant Fund: 20.9.3 NMAC
- Solid Waste Plan: 20.9.4 NMAC
Surface Water
- Ground and Surface Water Protection: 20.6.2 NMAC
- Standards for Interstate and Intrastate Streams: 20.6.4 NMAC
- Utility Operator Certification: 20.7.4 NMAC
Wastewater
- Liquid Waste Disposal: 20.7.3 NMAC
- Liquid Waste Treatment and Disposal Fees: 20.7.11 NMAC
Worker Safety
- General Provisions: 11.5.1 NMAC
- General Industry: 11.5.2 NMAC
- Construction Industry: 11.5.3 NMAC
- Agriculture: 11.5.4 NMAC
- Review Commission Procedures: 11.5.5 NMAC
- Convenience Stores: 11.5.6 NMAC

State Civil Penalty Policies

State Statutes

Laws become statutes when entered into the New Mexico Statutes Annotated (NMSA) publications.

The state statutes relating to the department’s responsibilities are found in the following NMSA Chapters:

NMSA 1978, §9-7A-6: Executive Department, Department of Environment
NMSA 1978, §§ 25-1-1 to -15: Food Service Sanitation Act
NMSA 1978, §§ 25-2-1 to -20: Adulterated or Misbranded Food Act
NMSA 1978, §50-9-19: Occupational Health and Safety Act
NMSA 1978, §§61-14E-1 to 12: Medical Imaging and Radiation Therapy, Health and Safety Act
NMSA 1978, §§ 61-33-1 to -10: Utility Operators Act
NMSA 1978, §74-1-1 to -17: Environmental Improvement Act
NMSA 1978, §74-1-6: Department Powers
NMSA 1978, §74-1-13: Water Conservation Fee; Imposition; Definitions
NMSA 1978, §§74-3-1 to 16: Radiation Protection Act
NMSA 1978, §74-4-1 to -14: Hazardous Waste Act
NMSA 1978, §74-4A-1 to -16: Radioactive and Hazardous Materials Act
NMSA 1978, §74-4B-1 to -14: Emergency Management Act
NMSA 1978, §74-4C-1 to -4: Hazardous Waste Feasibility Study Act
NMSA 1978, §74-4E-1 to -9: Hazardous Chemicals Information Act
NMSA 1978, §74-6-1 to -17: Water Quality Act
NMSA 1978, §74-6A-1 to -15: Wastewater Facility Construction Loan Act
NMSA 1978, §74-6B-1 to -14: Ground Water Protection Act
NMSA 1978, §74-6-2 to -17: Environmental Improvement Act
NMSA 1978, §74-7-1 to -8: Environmental Compliance Act
NMSA 1978, §74-8-1 to -3: Solid Waste Incineration
NMSA 1978, §74-9-1 to -43: Solid Waste Act
NMSA 1978, §74-10-1 to -100: Solid Waste Authority Act
NMSA 1978, §74-13-1 to -20: Recycling and Illegal Dumping Act
NMSA 1978, §74-13A-1: Petroleum Products Loading Fee Act
NMSA 1978, §75-1-1 to -6: Rural Infrastructure Act
NMSA 1978, §§ 70-13-1 to-5: Produced Water Act
NMSA 1978, §§ 76, Article 24: Hemp Manufacturing Act
NMSA 1978, §§ 76-24-1 to -10: Emergency Hemp Rule

Federal Regulations and Statutes

New Mexico is also governed by some federal regulations, which may be administered by the state or by federal entities:

Code of Federal Regulations Title 40: Protection of the Environment
- Primary Drinking Water Regulations – 40 CFR 141
- Secondary Drinking Water Regulations – 40 CFR 143
- Solid Waste Regulations – 40 CFR 239-299
Code of Federal Regulations Title 10: Nuclear Regulatory Commission

United States Code