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Overview of Stakeholder Meetings and Regulation Revision Process. Statutory Requirements for Rule Revisions. Environmental Improvement Act (74-1-1 et seq NMSA 1978) Creates Environmental Improvement Board 60 days notice for public hearings on rules
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Overview of Stakeholder Meetingsand Regulation Revision Process
Statutory Requirements for Rule Revisions • Environmental Improvement Act (74-1-1 et seq NMSA 1978) • Creates Environmental Improvement Board • 60 days notice for public hearings on rules • Notice published in Albuquerque Journal, New Mexico Register • Hazardous Waste Act (74-4-1 et seq NMSA 1978) • Rules for storage tanks adopted by EIB • 30 days notice for public hearings on rules • Notice published in Albuquerque Journal, New Mexico Register
Statutory Requirements for Rule Revisions (2) • Department of Environment Act (9-7A-1 et seq NMSA 1978) • Secretary may make reasonable rules and regulations to carry out duties of Department • 30 days notice for public hearings • Ground Water Protection Act (74-6B-1 et seq NMSA 1978) • EIB adopts rules for establishing priorities for corrective action • NMED spends money in Corrective Action Fund per rules adopted by the EIB or the Secretary
Regulatory Requirements for Rule Revisions • EIB’s Rules on Rulemaking: 20.1.1 NMAC • Explains process for rule revisions • Public may testify at hearing without prior notice • Must file notice of intent to present technical testimony 15 days before hearing (20.1.1.302 NMAC) • Technical testimony means scientific, engineering, economic or other specialized testimony, but does not include legal argument, general comments, or statements of policy or position
Regulatory Requirements for Rule Revisions (2) • Department’s Rules on Rulemaking: 20.1.9 NMAC • Explains process for rulemaking • Hearing conducted by Hearing Officer • Public may give oral comments or submit written statement (20.1.9.12.C NMAC)
Tentative Timetable • Mid-Sept ’08: Submit written comments on draft CAF and remediation rules, Operator Training proposal • End of Sept ‘08: Draft Operator Training, revised CAF and remediation rules, on web (www.nmenv.state.nm.us/ust) • Fall ‘08: 2nd Stakeholder meeting; written comments submitted 20-30 days later • Dec ‘08: Petition EIB and NMED for hearings • April or May ’09: Hearings on rules • Early August ‘09: Rules effective • August 8, 2009: Energy Policy Act deadline for Operator Training program
Who Are Our Stakeholders? • Our Stakeholder list is composed of: • Our original Stakeholder list from last rulemaking • List of PSTB contractors • Tribal contacts • Environmental groups • Environmental justice and grassroots organizations • All tank owners (received notice with 5/08 invoice) • Anyone who requested to be on list • Total invited today: • 113 first class mail • 221 email • In addition to notices mailed with invoices
PSTB Stakeholder Involvement • Post draft rules and meeting Power Points on webpage • Provide regular status letters on webpage • Provide notice of stakeholder meetings by first-class mail, email, posting on webpage • “Opt-in” form to ensure only interested Stakeholders are included on notice list • Email is least expensive notice method • In addition to statutory and regulatory requirements, which only concern notice for public hearing
Contact Information • For changes or inclusion to Stakeholder mailing list, contact: • Bertha Aragon (505) 476-4393 • Bertha.Aragon@state.nm.us • To comment on proposed rules, or for information on rule revision process, contact: • Jennifer Pruett (505) 476-4392 • Jennifer.Pruett@state.nm.us • Address of Bureau is: NMED Petroleum Storage Tank Bureau 1301 Siler Road, Building B Santa Fe, New Mexico 87507 (505) 476-4397