New Mexico Register / Volume XXX, Issue 19 / October 15, 2019

NOTICE OF PUBLIC HEARING TO CONSIDER AMENDMENTS TO 20.4.2 NMAC -

HAZARDOUS WASTE PERMIT AND CORRECTIVE ACTION FEES AND 20.4.3 NMAC – ANNUAL HAZARDOUS WASTE FEES

The New Mexico Environmental Improvement Board (“Board” or “EIB”) will hold a public hearing beginning at 9:00 a.m. on December 20, 2019 and continuing thereafter as necessary at the New Mexico State Capitol Building, Room 307, 490 Old Santa Fe Trail, Santa Fe, New Mexico. The hearing location may change prior to the hearing date, and those interested in attending should check the EIB website: http://www.env.nm.gov/eib prior to the hearing. The purpose of the hearing is to consider proposed amendments to the Hazardous Waste Permit and Corrective Action Fee Regulations, 20.4.2 NMAC, and the Annual Hazardous Waste Fee Regulations, 20.4.3 NMAC (Fee Regulations). The New Mexico Environment Department (NMED) is the proponent of the proposed amendments.

The purpose of the amendments is to update the Hazardous Waste Permit and Corrective Action Fee Regulations, 20.4.2 NMAC and the Annual Hazardous Waste Fees, 20.4.3 NMAC, to incorporate changes in fees based on inflation since 2004 and staff document review time data compiled since 2007. The updates are necessary to support the Hazardous Waste Management Program. The current Hazardous Waste Permit and Corrective Action Fee Regulations, 20.4.2 NMAC, were last adopted in 2006 and the Annual Hazardous Waste Fee Regulations, 20.4.3 NMAC, were last adopted in 1995.

The proposed amendments also include additional definitions, minor changes, and clarifications to the regulations. Please note that formatting and minor technical changes in the regulations other than those proposed by NMED may be proposed at the hearing. In addition, the Board may make other changes as necessary to accomplish the purpose of providing public health and safety in response to public comments and evidence presented at the hearing.

The proposed amendments may be reviewed during regular business hours at the office of the Environmental Improvement Board located in the Harold Runnels Building, 1190 South St. Francis Drive, Room S-2102 Santa Fe, NM, 87505. In addition, a copy of the NMED proposed amendments is posted on the NMED website at: https://www.env.nm.gov/hazardous-waste/proposed-hazardous-waste-regulations/.

The proposed rules are authorized pursuant to the Environmental Improvement Act, Sections 74-1-5 and 74-1-8 NMSA 1978. 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, and the Hazardous Waste Act, Chapter 74, Article 4 NMSA 1978.

Pursuant to 20.1.1.304 NMAC, 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. Any person who wishes to submit a non-technical written statement for the record in lieu of providing oral testimony at the hearing, must file the written statement prior to the hearing or submit it at the hearing.

Pursuant to 20.1.1.302 NMAC, persons wishing to present technical testimony must file with the Board a written notice of intent to do so on or before 5:00 p.m. on Monday, December 2, 2019. The notice of intent shall:

- identify the person or entity for whom the witness(es) will testify;

- identify each technical witness that the person intends to present and state the qualifications of the witness,

including a description of his or her education and work background;

- include a copy of the direct testimony of each technical witness in narrative form;

- include the text of any recommended modifications to the proposed regulatory change; and

- list and attach all exhibits anticipated to be offered by that person at the hearing, including any proposed

statement of reasons for adoption of the rule language being proposed.

Notices of intent for the hearing must be received in the Office of the Environmental Improvement Board no later than 5:00 p.m. on Monday, December 2, 2019 and should reference the name of the regulations, the date of the hearing, and docket number EIB 19-35 (R). Notices of intent to present technical testimony should be submitted to:

Cody Barnes, Administrator for Boards and Commissions

Office of the Environmental Improvement Board

Harold Runnels Building

P.O. Box 5469

Santa Fe, NM 87502

Any person who wishes to do so may offer non-technical public comment at the hearing, or submit a non-technical written statement in lieu of oral testimony at or before the hearing. Written comments regarding the proposed revisions may be addressed to Cody Barnes, Administrator of Boards and Commissions, at the above address, and should reference docket number EIB 19-35 (R).

If any person requires assistance, an interpreter, or auxiliary aid (e.g., disability accommodation) to participate in this process, please contact Cody Barnes, EIB Administrator as soon as possible, allowing at least 14 days before the hearing date, at P.O. Box 5469, 1190 St. Francis Drive, Santa Fe, New Mexico 87502, telephone (505) 827-2428 or e-mail cody.barnes@state.nm.us . (TDD or TTY users please access the number via the New Mexico Relay Network, 1-800-659-1779 (voice); TTY users:1-800-659-8331).

The Board may make a decision on the proposed regulatory change at the conclusion of the hearing, or the Board may convene a meeting after the hearing to consider action on the proposal.

Notice of Non-Discrimination

The New Mexico Environment Department ("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 nondiscrimination 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 Yurdin, Non-Discrimination Coordinator New Mexico Environment Department, 1190 St. Francis Dr., Suite N4050, P.O. Box 5469, Santa Fe, NM 87502, (505) 827-2855, nd.coordinator@state.nm.us. If you believe that you have been discriminated against with respect to a NMED program or activity, you may contact the Non-Discrimination Coordinator identified above or visit our website at https://www.env.nm.gov/non-employeediscrimination-complaint-page/ to learn how and where to file a complaint of discrimination.