New Mexico § 74-2-5 - Duties and powers; environmental improvement board; local board

§ 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 rules and standards consistent with

the Air Quality Control Act to attain and maintain national ambient air quality standards

and prevent or abate air pollution, including: (a) rules 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 (b) standards of performance that limit carbon dioxide emissions to no more than one

thousand one hundred pounds per megawatt-hour on and after January 1, 2023 for a new

or existing source that is an electric generating facility with an original installed

capacity exceeding three hundred megawatts and that uses coal as a fuel source; 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 jurisdiction or the local board's jurisdiction

or any part thereof. C. If the environmental improvement board or the local board determines that emissions

from sources within the environmental improvement board's jurisdiction or the local

board's jurisdiction cause or contribute to ozone concentrations in excess of ninety-five

percent of the primary national ambient air quality standard for ozone promulgated

pursuant to the federal act, the environmental improvement board or the local board

shall adopt a plan, including rules, to control emissions of oxides of nitrogen and

volatile organic compounds to provide for attainment and maintenance of the standard. Rules adopted pursuant to this subsection shall be limited to sources of emissions

within the area of the state where the ozone concentrations exceed ninety-five percent

of the primary national ambient air quality standard. D. Rules adopted by the environmental improvement board or the local board may: (1) include rules 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 the rules shall be 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; (2) prescribe standards of performance for sources and emission standards for hazardous

air pollutants that shall be at least as stringent as required by federal standards

of performance; (3) include rules governing emissions from solid waste incinerators that shall be

at least as stringent as any applicable federal emission limitations; (4) include rules 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. E. Any rule adopted pursuant to this section shall be at least as stringent as federal

law, if any, relating to control of motor vehicle emissions. F. In making its rules, the environmental improvement board or the local board shall

give weight it deems appropriate to all facts and circumstances, including: (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. G. Before the environmental improvement board or local board adopts a rule that is

more stringent than the federal act or federal regulations, or that applies to sources

not subject to regulation pursuant to the federal act or regulations, the environmental

improvement board or local board shall make a determination, based on substantial

evidence and after notice and public hearing, that the proposed rule will be more

protective of public health and the environment.