At its first meeting since being disbanded and then reconstituted, a subdued Albuquerque Bernalillo County Air Quality Control Board took no action on a request to change a controversial regulation that requires more stringent pollution control in their businesses. It also postponed a decision to stay some sweeping zero emission changes for new cars. 

Slow Down

There was no action taken on a motion for correction of adopted rules filed by Albuquerque Asphalt, Inc., Black Rock Services, LLC, Vital Consulting Group LLC and Mountain States Constructors, Inc. 

Through their attorney Pete Domenici, Jr., the companies requested that the air quality board change the provisions in the adopted regulations that require industry to use the Best Available Control Technology (BACT) in any area in Bernalillo County, not just in overburdened areas where there is a cumulative impact with each new industry. This would require the companies to implement the highest level of pollution control available when applying for a permit to set up a polluting site like an asphalt plant, or even the use of some emergency generators.

Domenici argued that there must have been a transcription error and the board might not have intended to make the rule to include all of Bernalillo County, not just overburdened areas.

“It is clear that the board intended that the BACT requirements would only apply to the areas identified as overburdened and to within one mile from those overburdened areas and not everywhere in Bernalillo County,” Domenici said. 

The rule is seen by some heavy industries as too restrictive and they say it would impact their day-to-day operations. The Mountain View Coalition, made up of South Valley neighborhood organizations,wants to limit industry permits that are issued in communities that are already overburdened with heavy industry.  The Mountain View neighborhood, along Broadway and Second Streets, south of Rio Bravo to Isleta Pueblo,is where the bulk of heavy industry is located within the county.

During the meeting, attorney Antoinette Sedillo Lopez, who represents the board, said it could do a couple of things to address the question of a transcription error. They could review the transcript and ratify it at the next meeting if they felt it reflected their intention. Or if they want to correct or change the rule, then they will have to start over from scratch.

“The time to make a correction would have been the time from when the board issued that order and before it was published in the regulations,” Sedillo Lopez said.

The board declined to take action on the motion and will take a look at the issue before deciding what to do. 

Contention

The last few months have seen their fair share of contention surrounding the air quality board. City Councilor Dan Lewis led the charge in November to push the Albuquerque City Council to abolish the air quality board, remove city-appointed members and suspend it from meeting until this month. The City Council did not include Bernalillo County in its unilateral decision to abolish the air board. The measure was vetoed by Mayor Tim Keller but the council overrode that veto. The air quality board then filed a lawsuit against the city asking for an injunction against the changes made by the City Council. 

Also in January, Lewis was named as executive director of the Asphalt Pavement Association of New Mexico, whose members including Albuquerque Asphalt, Mountain State Constructors and Black Rock Services have vigorously opposed the BACT requirements. He had been with Davidson Oil where he was director of operations. Lewis has said there is no conflict of interest. 

On Jan. 25, First Judicial District Judge Francis Mathew granted the air quality board a preliminary injunction which allows the board to return and continue to operate as it had before. Judge Mathew said that the air board would likely prevail on the matter and that he had concerns about allowing a situation to proceed that may be unlawful. The judge’s ruling did not decide whether the city’s actions were legal or not. Those arguments will be heard at a hearing which has not been scheduled yet.

Not Now

A motion for a stay  filed by the New Mexico Automotive Dealers Association over the Advanced Clean Cars II regulation was postponed until the next meeting. The sweeping changes, beginning in 2026, would move the state towards ensuring that 82% percent of all new cars and light duty vehicles delivered to New Mexico have zero emissions by 2032. 

The board decided to reach out to the New Mexico Environment Department to get on the same page as the state’s regulation. According to Chairwoman Maxine Paul there needs to be one unified Clean Cars II regulation across the state, not different ones for each jurisdiction.

About

The Air Quality Board is made up of seven members, three appointed by the Bernalillo County Commission and four appointed by the Albuquerque City Council. They meet on the second Wednesday of the month at 5:30pm and are available to view online here.