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Overview of Stakeholder Meetings and Regulation Revision Process

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 Meetings and Regulation Revision Process

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  1. Overview of Stakeholder Meetingsand Regulation Revision Process

  2. 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

  3. 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

  4. 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

  5. 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)

  6. 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

  7. 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

  8. 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

  9. 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

  10. Questions and Commentsfrom Stakeholders

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