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 Road, Las Cruces, New Mexico. The purpose of the hearing is to consider the
matter of EIB 18-05(R), the proposed adoption of an Air Quality Control
Regulation to be codified in the New Mexico Administrative Code (NMAC) at
20.2.23 NMAC, Fugitive Dust Control.
The proponent of
this regulatory amendment is the New Mexico Environment Department (“NMED”) Air
Quality Bureau.
The U.S.
Environmental Protection Agency published revisions to the Exceptional Events
Rule on October 3, 2016, requiring mitigation plans in certain areas with
recurring exceptional events of the same type and pollutant. The proposed
regulation is a supporting element of the dust mitigation plan required by the
federal Exceptional Events Rule. The proposed regulation will apply to sources
of fugitive dust that are not required to obtain a construction permit from the
NMED and will be applicable in any area of the state that experiences recurring
high wind dust events where the PM10 and/or the PM2.5 NAAQS
is exceeded. Currently this includes Luna County and
the Anthony PM10 nonattainment area in Doña Ana County.
The full text of
NMED’s proposed regulation is available on the Air Quality Bureau’s web site at
https://www.env.nm.gov/air-quality/proposed-regs/ or by contacting Michael Baca at
575-915-1091 or michael.baca1@state.nm.us. The proposed regulation may also be examined during
regular business 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 Board Rulemaking Procedures (20.1.1 NMAC); the
Environmental Improvement Act, Section 74-1-9 NMSA 1978; the Air Quality
Control Act, Section 74-2-6 NMSA 1978; the State Rules Act, Section 14-4-5.3
NMSA 1978; 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 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 18-05(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 to the above listed address, or submit it at the hearing.
Persons having a
disability and requiring assistance, an interpreter, or an auxiliary aid or
other service 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 adoption at the conclusion of the
hearing, or may convene a meeting after the hearing to consider action on the
proposal.
Notice of Non-Discrimination
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.