New Mexico Register / Volume XXI, Number 13 / July 15, 2010

 

 

NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD

NOTICE OF RULEMAKING HEARING

 

The New Mexico Environmental Improvement Board ("Board") will hold a public hearing commencing on September 20, 2010, and continuing until completed, at the Senator Fabian Chavez Room, PERA Building, 33 Plaza La Prensa, Santa Fe, New Mexico, for the purpose of hearing the matter in EIB No. 10-04 (R), the New Mexico Environment Department's ("NMED") proposal to adopt a new regulation, 20.2.350 NMAC (Greenhouse Gas Cap and Trade Provisions).  The proposed regulation establishes requirements for participation in a greenhouse gas cap-and-trade program. A cap-and-trade program is a market mechanism in which emissions are limited or capped at a specified level, and those participating in the system can trade allowances.  The regulation will be implemented in conjunction with the regional cap-and-trade program being developed by the jurisdictions of the Western Climate Initiative.

 

The proposed regulation may be reviewed during regular business hours at the NMED Air Quality Bureau office, 1301 Siler Road, Building B, Santa Fe, New Mexico, on NMED’s web site at www.nmenv.state.nm.us, or by contacting Sandra Ely at (505) 827-0351 or Sandra.Ely@state.nm.us.

 

The hearing will be conducted in accordance with 20.1.1 NMAC (Rulemaking Procedures - Environmental Improvement Board), the Environmental Improvement Act, Section 74-1-9, NMSA 1978, the Air Quality Control Act Section, 74-2-6, NMSA 1978, scheduling, procedural, and other orders entered by the Board or its Hearing Officer, and other applicable procedures.

 

All interested persons will be given reasonable opportunity at the hearing to submit relevant evidence, data, views and arguments, orally or in writing, to introduce exhibits, and to examine witnesses.

 

Persons wishing to present technical testimony must file a written notice of intent including the following:

(1) identify the docket number, EIB No. 10-04(R);

(2) identify the date of the hearing;

(3) identify the person for whom the witness(es) will testify;

(4) identify each technical witness that the person intends to present and state the qualifications of the witness, including a description of their education and work background;

(5) include the full written testimony of each technical witness;

(6) attach each exhibit to be offered at the hearing; and

(7) attach the text of any recommended modifications to the proposed regulation.

 

The Department shall submit its notice of intent to present technical testimony on July 16, 2010.

 

An interested person shall submit its notice of intent to present technical testimony on August 16, 2010.

 

The Department and other parties shall submit their notice of intent to present rebuttal testimony on August 30, 2010.

 

Notices of intent must received in the Board's Office no later than 5:00 p.m. on the date specified above. The Board's Office address is provided below:

 

Joyce Medina, Board Administrator

Office of the Environmental Improvement Board

Harold Runnels Building

1190 St. Francis Dr., Room N-2150 / 2153

Santa Fe, NM 87502

Phone: (505) 827-2425, Fax (505) 827-2836

 

Any person, including a member of the public, who wishes to present non-technical public comment, testimony, or exhibit may do so without prior notification either in writing at any time before the conclusion of the hearing or in person at the hearing.

 

Persons having a disability and needing help in being a part of this hearing process should contact Judy Bentley by September 3, 2010 at the NMED, Personnel Services Bureau, P.O. Box 26110, 1190 St. Francis Drive, Santa Fe, New Mexico, 87502, telephone 505-827-9872.  TDY users may access her number via the New Mexico Relay Network at 1-800-659-8331.

 

The Board may make a decision on the proposed regulation at the conclusion of the hearing or may convene another meeting for that purpose.