NMED News:

The New Mexico Environmental Improvement Board (EIB) will hold a public hearing at 9 a.m., Dec. 18 in Room 322 at the State Capitol Building, 490 Old Santa Fe Trail in Santa Fe.

The purpose of the hearing is to consider the matter of EIB 15-01(R), proposed amendments to 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 New Mexico Environment Department is petitioning the EIB to amend these rules by incorporating by reference the new rules, corrections, revisions and amendments to the federal New Source Performance Standards (NSPS), National Emission Standards for Hazardous Air Pollutants (NESHAP) and Maximum Achievable Control Technology Standards for Source Categories of Hazardous Air Pollutants (MACT) promulgated by the U.S. Environmental Protection Agency and published in the Federal Register from the most recent date of incorporation through Sept. 15, 2015.

New Mexico has received authority to implement and enforce these federal rules after each new rule or change is incorporated by reference into the New Mexico Administrative Code (NMAC). EPA also retains the authority to implement and enforce these rules. Incorporation by reference does not change the requirements that sources must follow; it only allows the State to implement and enforce them.

The New Mexico Environment Department requests that the NMAC rules be updated every 2-3 years by changing the “through” dates.

Other minor changes include:

• Omitting an exception, due to the federal rule being vacated and subsequently withdrawn;
• Adding an exception for residential heaters;
• Removing an outdated address for the Air Quality Bureau; and
• Revising certain language to make it gender-neutral.

The proposed revised regulations and the list of federal standards to be incorporated by reference may be reviewed during regular business hours at the NMED Air Quality Bureau office, 525 Camino de los Marquez, Suite 1 in Santa Fe, on NMED’s web site at https://www.env.nm.gov/aqb/prop_regs.html or by contacting Cindy Hollenberg at 505.476.4356 or cindy.hollenberg@state.nm.us. Contact Hollenberg to attend an informational open house on the proposed incorporation by reference, or for more information about providing testimony at the hearing.