Regulatory Text: 
SECTION  1.  RESOLUTION

(Approved by EPA 04/10/80 (45 FR 24468) at 52.1620(c)(11) effective 04/10/80.)

1.01     WHEREAS, the State of New Mexico Legislature by Laws, Chapter 277, Laws of 1967, and amendments thereto, has provided the authority and means for preventing and abating air pollution, and

1.02     WHEREAS, a joint Air Quality Control Board for Bernalillo County has been duly formed under the authority of said statute, and

1.03     WHEREAS, the adoption of Air Pollution Control Regulations is needed to protect the health, property and welfare of the residents of Bernalillo County.

1.04     NOW THEREFORE, the Albuquerque-Bernalillo County Air Quality Control Board hereby makes the following findings and declarations:

     A.  Bernalillo County is an area growing in population, commerce, and industry whose 1970 census population was 315,774 and whose future population is estimated to be 350,000 in 1980, and 370,000 in 1990,

     B.  The threat of air pollution in Bernalillo County is real and constant and will not be prevented or abated without a conscious community effort,

     C.  Air pollution would injure health and property, and the prevention or abatement of air pollution would improve and protect the human environment and health and reduce property damage,

     D.  Air pollution can be prevented or abated by an effective air pollution control program by this Board including Air Pollution Control Regulations,

     E.  Air Pollution Control Regulations have been proposed by the Board,

     F.  A hearing officer was duly appointed to take evidence at hearings on said proposed regulations held on April 25, 1973, and said officer conducted the hearings, took evidence, assembled the record and transmitted it to the Board,

     G.  Notice of hearings was published on March 26, 1973 in the Albuquerque Journal and the Albuquerque Tribune, newspapers of general circulation in Bernalillo County,

     H.  A reasonable effort was made to give advance notice of hearings to all persons who made a written request to the Board for advance notice of its hearings,

     I.  At said hearings all interested parties were allowed reasonable opportunity to submit views, data or arguments, orally or in writing, and to examine witnesses testifying at the hearings,

     J.  The Board has considered and weighed all available facts and circumstances relative to the adoption, enforcement and necessity of Air Pollution Control Regulations, as well as the views, data or arguments, orally or in writing of witnesses testifying at the hearings,

     K.  With respect to air pollution in Bernalillo County, the Board has duly considered the character, and degree of injury to or interference with health, welfare and property, the public interest, including social and economic value of the source of air contaminants, the 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, and other relevant matters,
     L.  It is further the intent of these regulations to insure that where ambient air concentrations are significantly  lower than those specified in the Ambient Air Quality Standards of the Albuquerque-Bernalillo County Air Quality Control Board, new sources shall not be established unless it is affirmatively demonstrated that such new sources shall not result in the creation of ambient air contaminant concentrations significantly in excess of existing ambient air concentrations,

     M.  It is the duty of this Board to prevent or abate air pollution in Bernalillo County.

1.05     NOW THEREFORE BE IT RESOLVED by the Albuquerque-Bernalillo County Air Quality Control Board that the attached Air Pollution Control Regulations and amendments to existing regulations are hereby enacted and adopted.

     PASSED, ADOPTED AND SIGNED this 21st day of MAY, 1973.
ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD


THE ATTACHED SECTIONS 11, 20, 21, 22 AND 27 OF THE AIR POLLUTION CONTROL REGULATIONS ARE HEREBY PASSED, ADOPTED AND SIGNED this 11th day of July, 1973.

ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD


THE ATTACHED SECTIONS 3, 4, 5 AND 11 ADOPTED MAY 21, 1973:  FURTHER AMENDED AND ADOPTED FEBRUARY 9, 1977.

ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD


*************** end Albuquerque section 1 ***************87l**