Air Quality Bureau
Rule Development History:
Greenhouse Gase Emissions Reporting Rules 20.2.73 NMAC and 20.2.2 NMAC Amendments, and 20.2.87 NMAC (2007)
FINAL RULES: Final versions of new Part 87 and amended Parts 2 and 73, as filed with State Records Center on Nov. 20, 2007:
- Amended 20.2.73 NMAC (Notice of Intent and Emissions Inventory Requirements), eff. 01-01-08
- Underline/strikeout version of 20.2.73 NMAC
- New 20.2.87 NMAC (Greenhouse Gas Emissions Reporting), eff. 01-01-08
Title V Sources: Notice of New Air Quality Emissions Inventory Requirements
REGULATION DEVELOPMENT HISTORY
NOTICE: At the conclusion of the hearing on Oct. 3, the Environmental Improvement Board approved revisions to Parts 2 and 73, and the new rule Part 87. The Board approved some revisions to the Department’s proposals, and therefore the final rule language will not be available until Nov. 26 when the Board will review and approve their Final Order and Statement of Reasons and the final rule language. We will send a notice to our mailing list when the final rule language has been posted.
New Mexico Environment Department's Notice of Intent to Present Technical Testimony:
- Notice of Intent to Testify, filed September 17, 2007, including Attachments 1 and 2
- Written Testimony of Jim Norton, Environmental Protection Division Director
- Written Testimony of Lany Weaver, Environmental Analyst, Air Quality Bureau
- Exhibit 1: Proposed revisions to Part 2 which were published for public comment following the EIB's July 11, 2007 meeting
- Exhibit 2: Proposed revisions to Part 73 which were published for public comment following the EIB's July 11, 2007 meeting
- Exhibit 3: Proposed new regulation Part 87 which was published for public comment following the EIB's July 11, 2007 meeting
- Exhibit 4: Revised proposed revisions to Parts 73 that will be presented at the October 2, 2007 hearing
- Exhibit 5: Revised proposed revisions to Parts 87 that will be presented at the October 2, 2007 hearing
- Exhibit 6: Governor Richardson’s Executive Order 2005-033
- Exhibit 7: Governor Richardson's Executive Order 2006-69
- Exhibit 8: Recommendations CC-1 and CC-2 of the Climate Change Advisory Group
- Exhibit 9: Description of the stakeholder process followed by the Department in developing the proposed regulations
- Entire Exhibit 9 - VERY LARGE FILE! 13.5 MB
- Exhibit 9 Summary of stakeholder process
- Exhibit 10: Department’s draft emissions reporting schedule
- Exhibit 11: Example of the draft emissions calculation procedures
The New Mexico Environmental Improvement Board will hold a public hearing on October 2, 2007 at 9:00 a.m. at the New Mexico State Capitol Building, Room 317, 490 Old Santa Fe Trail, Santa Fe, NM 87501, for the purpose of hearing the matter in EIB No. 07-06(R), the New Mexico Environment Department's (NMED) proposal to adopt a new regulation, 20.2.87 NMAC (Greenhouse Gas Emissions Reporting), and make related revisions to 20.2.2 NMAC (Definitions) and 20.2.73 NMAC (Notice of Intent and Emission Inventory Requirements). These regulations are part of a broader state effort to address emissions of greenhouse gases. The proposed revisions to 20.2.73 NMAC authorize NMED to expand the existing criteria air pollutant reporting requirement to include greenhouse gases. The proposed regulation, 20.2.87 NMAC, requires specific greenhouse gas reporting for three industrial sectors - power plants, refineries and cement manufacturing plants. The proposed revisions to 20.2.2 NMAC add definitions applicable to both 20.2.73 and 20.2.87 NMAC.
- Hearing Notice
- Proposed revisions to 20.2.2 NMAC – Definitions
- Proposed revisions to 20.2.73 NMAC – Notice of Intent and Emissions Inventory Requirements
- Proposed new regulation 20.2.87 NMAC – Greenhouse Gas Emissions Reporting
- Draft Plan for Implementation of Proposed Part 73 Greenhouse Gas Provisions
Contacts for information on this rulemaking process-
Brad Musick - 505-955-8019 or Lany Weaver - 505-955-8090.
NOTICE: May 8, 2007 - The Climate Registry (formerly the Multi-State Registry) issued a press release (download) announcing launch of this effort. Founding members include thirty-one states (including New Mexico), two Canadian provinces, and one tribe.
Past Meetings and Conference Calls
May 30, 2007 Update:
- Revised Part 2.87
- Draft revisions to Part 2.73
- Regulatory Timeline
- Summary of NMED plans to implement draft revisions to Part 2.73
Comments on May 30, 2007 Updates:
- Agave Energy
- BP
- Freeport McMoRan
- Andrew Frye
- Navajo Refining
- NMOGA
- PNM
- Transwestern
- Tri-State Generation and Transmission
- Waste Management
- Western Environmental Law Center
May 24, 2007 Meeting Materials
- Outline of Proposal
- CARB (Robyn Camp) presentation on Protocol Development
- Attendee List of Morning Meeting at Roundhouse
- Morning Meeting Minutes
- Power Plant Breakout Meeting Notes and Attendee List
May 8, 2007 – 10-11:30 am MDT -- Power Plant group conference call.
- Meeting Notes
May 7, 2007 - 3-4:30 pm MDT -- Oil & Gas group meeting/conference call.
- Meeting Notes
- Attendees
April 24, 2007 - 2:30 -4:30 pm MDT - Full mandatory greenhouse gas reporting workgroup meeting.
- Strawman Proposal Narrative
- Very Draft Regulatory Language (comments requested by May 11, deadline May 17)
- Meeting Notes
- Attendees (please notify us of any corrections needed)
- Comments on 04-24-07 strawman proposal and draft rule
April 12, 2007 - 9:00-10:30 am MDT - Power Plant workgroup conference call.
- Notes from April 12 Power Plant Workgroup Meeting / Call
- Title V Electrical Generating Units List
April 12, 2007 - 1:30-3:30 pm MDT - Oil and Gas workgroup conference call
- Notes from April 12 O&G Workgroup Meeting / Call
- Meeting room: Health Policy Commission Conference Room (Suite 200), 2055 S. Pacheco Street, Santa Fe Click here for a map to the meeting room
- Download Excel file on New Mexico 2005 Gas and Oil Production by Company
- Notes on Analysis of Oil and Gas Company Production Data
- Title V Oil and Gas List
Technical Work Group Meeting – March 27, 2007 - The second technical workgroup meeting was held on March 27, 2007 in Santa Fe. Please use the links below for additional information on this meeting.
Meeting Handouts:
- Final Agenda
- NMED Presentation
- Governor’s Executive Order 2006-069
- Summary of Mandatory GHG Reporting in Other States
- Western Regional Climate Action Initiative
- NMED Fact Sheet Regarding Authority to Establish GHG Reporting & Registry Programs
Breakout Session Notes:
Technical Work Group Meeting - January 11, 2007 - The first technical workgroup meeting was held on January 11, 2007. Please use the links below for additional information on this meeting.
- Agenda
- Robyn Camp, California Climate Action Registry - Introduction to Voluntary GHG Reporting
- Brad Musick, NMED Air Quality Bureau - State Mandatory GHG Emissions Reporting: Goals and Design
Greenhouse Gases Reporting/Registry. The first meeting for the GHG reporting and registry program stakeholder process was held on Thursday, December 7, 2006. As part of the State of New Mexico's initiative to address climate change, the Environment Department is considering the development of greenhouse gas (GHG) reporting and registry programs.
The goals of these programs will be to allow the Department to: better track GHG emissions in New Mexico, allowing a more accurate state-wide emissions inventory; identify GHG reduction opportunities and record GHG reductions; support ‘baseline protection’ for companies that wish to participate in any future GHG emissions trading programs; establish a central, independent repository for credible information about GHG emissions activities; provide recognition for good corporate citizenship; and, provide an incentive for companies and other organizations to track and manage GHG emissions, seek productivity and energy efficiency gains, and accelerate the learning curve regarding competitiveness in potential carbon markets.
- Invitation Letter
- Revised Agenda
- Draft Greenhouse Gas Emission Inventory
- Directions to meeting location
- Multi-State Climate Registry Stakeholder Briefing Packet #1
- Notes from December 7, 2006 Meeting (revised 12/13/06)
- Draft Timeline
- New Mexico Climate Change Advisory Group - Recommendations CC-1 and CC-2
- Presentations from December 7, 2006 Meeting
