Originally published on July 18, 2023, by Rhiannon Samuel for NAIOP.
A new proposed rule change to how air quality permits are issued in the Albuquerque metro has many economic development organizations, associations and businesses very concerned. While the goal of protecting vulnerable communities and improving air quality is necessary, we must also carefully consider the impact of rigid regulations on economic development.
Proposed Rule Change: An Overview
In November 2022, several local activist organizations submitted a letter and proposed rule change to the Albuquerque/Bernalillo Air Quality Control Board, aiming to address the concentration of air pollution in low-income and minority neighborhoods. The proposed changes grant the board the authority to enforce greater emission monitoring and reporting requirements than what the Environmental Protection Agency requires on any entity emitting air contaminants. It also circumvents the board’s decision and appeal process to automatically deny certain permit applications. Those triggers to automatically deny applications include areas that will impact an “overburdened community,” where if one characterization is true, then the permit cannot be approved.