Energy Transition Act Rulemaking

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Air Quality Bureau

Regulatory and SIP Bulletin

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The New Mexico Environmental Department (NMED) announces a new rulemaking to develop emission standards for new and existing electric generating facilities. An informal comment period for the draft 20.2.101 NMAC, Carbon Dioxide Emission Standards for Electric Generating Facilities will run from June 15, 2022 through June 29, 2022. To view and submit comments on the draft rule, please visit NMED’s SmartComment Portal at  Search for the Energy Transition Act Rulemaking, click on the attachment to view or download the rule, and follow the directions supplied by the website to submit a comment regarding this project.

During the 2019 legislative session, Senate Bill 489 introduced the Energy Transition Act (ETA), which was later signed into law by Governor Michelle Lujan Grisham. The ETA sets statewide renewable energy standards and establishes a pathway for a low-carbon energy transition away from coal. The ETA requires the Environmental Improvement Board (EIB) to promulgate rules that limit carbon dioxide emissions from certain electric generating facilities under their jurisdiction to 1,100 pounds per megawatt-hour on or after January 1, 2023. The EIB’s jurisdiction does not include Bernalillo County or Tribal lands.

NMED will be hosting a virtual open house on Thursday, June 23, 2022 at 5:30 pm. Please click link to register for the meeting and receive your individual meeting link.

For more information, contact Robert Spillers at or by phone at (505) 629-5668.