New Mexico Register / Volume
XXIX, Issue 12 / June 26, 2018
NOTICE OF RULEMAKING HEARING
The New Mexico
Environmental Improvement Board (“Board”) will hold a public hearing on
September 28, 2018, at 9:30 a.m., at the New Mexico Farm and Ranch Heritage
Museum, 4100 Dripping Springs Rd., Las Cruces, New Mexico. The purpose of the hearing is to consider the
matter of EIB 18-04(R), proposed revisions to the New Mexico State
Implementation Plan (“SIP”) regarding the Air Quality Control Regulation
codified in the New Mexico Administrative Code (NMAC) at 20.2.3 NMAC, Ambient Air Quality Standards.
The proponent of
this regulatory amendment is the New Mexico Environment Department (“NMED”).
The purpose of the
public hearing is to consider and take possible action on a petition from NMED
to repeal the New Mexico Ambient Air Quality Standards for total suspended
particulate (TSP) contained in 20.2.3.109 NMAC.
The U.S. Environmental Protection Agency replaced the national ambient
air quality standards (NAAQS) for TSP with PM10 in 1987. The Air
Quality Bureau ceased ambient monitoring for TSP in 1998. The Air Quality Bureau has conducted a thorough analysis of these
standards and has concluded that the repeal of the standards will not result in
a relaxation of emissions controls or an adverse effect on air quality, and is
not necessary to maintain the NAAQS for particulate matter in New Mexico. If adopted by the Board, the repeal of
20.2.3.109 NMAC would be submitted to EPA for removal from New Mexico’s SIP.
The full text of
NMED’s proposed regulation repeal is available on the Air Quality Bureau’s web
site at https://www.env.nm.gov/air-quality/proposed-regs/ or by contacting Kerwin Singleton at
505-476-4350 or kerwin.singleton@state.nm.us.
The proposed regulation repeal may also be examined during office hours
at the Air Quality Bureau office, 525 Camino de los Marquez, Suite 1, Santa Fe,
New Mexico, 87505.
The hearing will
be conducted in accordance with: 20.1.1
NMAC, Rulemaking Procedures –
Environmental Improvement Board; the Environmental
Improvement Act, NMSA 1978, Section 74-1-9; the Air Quality Control Act, NMSA 1978, Section 74-2-6; and other
applicable procedures.
All interested
persons will be given a 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 with the Board
a written Notice of Intent to do so. The
Notice of Intent shall:
(1) identify the
person for whom the witness(es) will testify;
(2) identify each
technical witness the person intends to present and state the qualifications of
that witness, including a description of their educational and work background;
(3) include a copy
of the direct testimony of each technical witness in narrative form;
(4) include the
text of any recommended modifications to the proposed regulatory change; and
(5) list and
attach all exhibits anticipated to be offered by that person at the hearing,
including any proposed statement of reasons for adoption of rules.
Notices of Intent
to present technical testimony at the hearing must be received in the Office of
the Board not later than 5:00 pm on September 7, 2018, and should reference the
docket number, EIB 18-04 (R), and the date of the hearing. Notices of Intent to present technical
testimony should be submitted to:
Pam Castañeda,
Administrator for Boards & Commissions
Environmental
Improvement Board
c/o New Mexico
Environment Department
P. O. Box 5469
Santa Fe, NM 87502
Phone: (505)
827-2425, Fax (505) 827-1628
email: pam.castaneda@state.nm.us
Any member of the
general public may testify at the hearing.
No prior notification is required to present non-technical testimony at
the hearing. Any such member may also
offer non-technical exhibits in connection with their testimony, so long as the
exhibit is not unduly repetitious of the testimony.
A member of the
general public who wishes to submit a written statement for the record, in lieu
of providing oral testimony at the hearing, shall file the written statement
prior to the hearing, or submit it at the hearing.
Persons having a
disability and needing help to participate in this hearing process should
contact Pam Castañeda, Administrator for Boards & Commissions, at least ten
days prior to the meeting or as soon as possible at the above address or e-mail
pam.castaneda@state.nm.us.
TDY users please access her number via the New Mexico Relay Network at
1-800-659-8331.
The Board may make
a decision on the proposed regulation repeal at the conclusion of the hearing,
or the Board may convene a meeting after the hearing to consider action on the
proposal.
NMED does not
discriminate on the basis of race, color, national origin, disability, age or
sex in the administration of its programs or activities, as required by
applicable laws and regulations. NMED is
responsible for coordination of compliance efforts and receipt of inquiries
concerning non-discrimination requirements implemented by 40 C.F.R. Part 7,
including Title VI of the Civil Rights Act of 1964, as amended; Section 504 of
the Rehabilitation Act of 1973; the Age Discrimination Act of 1975, Title IX of
the Education Amendments of 1972, and Section 13 of the Federal Water Pollution
Control Act Amendments of 1972. If you
have any questions about this notice or any of NMED’s non-discrimination
programs, policies or procedures, you may contact:
Kristine Pintado,
Non-Discrimination Coordinator
New Mexico
Environment Department
1190 St. Francis
Dr., Suite N4050
P.O. Box 5469
Santa Fe, NM 87502
(505) 827-2855
If you believe
that you have been discriminated against with respect to an NMED program or
activity, you may contact the Non-Discrimination Coordinator identified above
or visit our website at to https://www.env.nm.gov/non-employee-discrimination-complaint-page/ to learn how and where to file a complaint
of discrimination.