Introduction to the Albuquerque-Bernalillo County Air Quality Control Board

I.B[3] AQCB’s Specific Regulatory Authority

• AQCA Section 74-2-5.C(1):
• Air Board may:
• adopt regulations to protect visibility in mandatory class I areas, to prevent significant deterioration of air quality & to achieve NAAQS in nonattainment areas.
• However, these regulations shall be “no more stringent than but at least as stringent as required by the federal act and federal regulations pertaining to” those subjects
• And shall only apply to sources subject to regulation under the Clean Air Act
• These provisions establish the Board as the authority to adopt SIPs pursuant to the visibility provisions of CAA 169 § A&B, the PSD provisions of CAA §§ 160 – 169, and the non-attainment provisions of CAA §§ 171 – 193

I.B[4] Specific Regulatory Authority, cont’d.

• AQCA Section 74-2-5.C (2):
• Board may adopt regulations prescribing standards of performance for sources and emission standards for hazardous air pollutants
• That, except as provided in subparagraph (3), “shall be no more stringent than but at least as stringent as required by federal standards of performance”, and shall apply only to sources subject to federal standards of performance.
• Under AQCA Section 74-2-5.C(3)
• Board may adopt regulations governing emissions from solid waste incinerators
• That shall be “at least as stringent as, and may be more stringent than” any applicable federal emissions standards.
• Under AQCA Section 74-2-5.C(4) and (5)
• Board may adopt regulations requiring notice to the EHD of intent to introduce or permit the introduction of an air contaminant into the air within the geographical area of the board’s jurisdiction (4);
• And adopt regulations requiring any person emitting any air contaminant to use an emission monitoring device, sample emissions as prescribed, maintain record of emissions, submit reports re emissions, and provide other reasonable information (5).
• Note: Subparagraph (3) allows regulations applicable to solid waste incinerators and mercury emissions from coal fired power plants to be more stringent than federal regulation is.