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NEW MEXICO STATUTES AND CODES

Section 74-2-11.1 - Limitations on regulations.

74-2-11.1. Limitations on regulations.

The Air Quality Control Act [Chapter 74, Article 2 NMSA 1978] does not:   

A.     authorize the environmental improvement board or the local board to make any regulation with respect to any condition or quality of the outdoor atmosphere if the condition or air quality level and its effect are confined entirely within the boundaries of the industrial or manufacturing property within which the air contaminants are or may be emitted and public access is restricted within such boundaries;   

B.     grant to the environmental improvement board or the local board any jurisdiction or authority affecting the relation between employers and employees with respect to or arising out of any condition of air quality; or   

C.     supersede or limit the applicability of any law relating to industrial health, safety or sanitation.   

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