Transcript Slide 1
Overview of Stakeholder Meetings and Regulation Revision Process 1 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 2 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 3 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 4 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) 5 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 6 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 7 PSTB Stakeholder Involvement • Post draft rules and meeting Power Points on webpage • Provide regular status letters on webpage • Provide notice of stakeholder meetings by firstclass 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 8 Contact Information • For changes or inclusion to Stakeholder mailing list, contact: – Bertha Aragon (505) 476-4393 – [email protected] • To comment on proposed rules, or for information on rule revision process, contact: – Jennifer Pruett (505) 476-4392 – [email protected] • Address of Bureau is: NMED Petroleum Storage Tank Bureau 1301 Siler Road, Building B Santa Fe, New Mexico 87507 (505) 476-4397 9 Questions and Comments from Stakeholders 10