New Mexico Register / Volume XX, Number 24 / December 31, 2009

New Mexico Environmental Improvement Board

Notice of Public Hearing to Consider the Proposed Adoption of New Regulations and to Amend Various Sections of 20.2.1, 20.2.2, 20.2.70 and 20.2.72 NMAC

The New Mexico Environmental Improvement Board (“Board”) will hold a public hearing beginning at 10:00 a.m. on March 1, 2010 to take public comment and May 3, 2010 to accept technical testimony, continuing thereafter as necessary to consider the adoption of proposed new regulations and the amendment of various other sections in 20.2.1, 20.2.2, 20.2.70 and 20.2.72 NMAC. The March 1, 2010 session will be held in the Rio Grande Room of the New Mexico Regulation and Licensing Department, Toney Anaya Building, 2550 Cerrillos Road, Santa Fe, New Mexico 87505.

New Energy Economy (NEE) is the proponent of the proposed regulation changes to New Mexico Environmental Improvement Board’s air quality regulations. NEE’s Petition seeks to regulate greenhouse gas emissions statewide as an air pollutant and public nuisance through the imposition of an emissions cap. NEE’s Petition is limited to entities that emit more than 10,000 metric tons of greenhouse gas emissions per year. The New Mexico Environment Department would monitor and oversee the implementation of the greenhouse gas emission reduction regulations. A penalty for non-compliance would be imposed for violation of the regulations.

Please note that formatting and minor technical changes in the regulations, other than those proposed by New Energy Economy may occur. 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 changes may be reviewed during business hours at the Environmental Improvement Board office, located in the Harold Runnels Building, 1190 St. Francis Drive, Room N2153, Santa Fe, New Mexico 87505.

Written comments regarding the proposals may be addressed to the Board Administrator, Ms. Joyce Medina, at the above address, and should reference docket number EIB 08-19 (R).

The hearing will be conducted in accordance with 20.1.1 NMAC (Rulemaking Procedures) Environmental Improvement Board, the Environmental Improvement Act, NMSA 1978, Section 74-1-1 (Environmental Improvement Act), and other applicable procedures. An Order on Hearing Procedures has been entered by the Hearing Officer on October 14, 2009 and is available from the Office of the Board Administrator.

All interested persons will be given reasonable opportunity at the hearing to submit relevant evidence, data, views, or 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 oral testimony must file such statement prior to the close of the hearing.

Persons wishing to present technical testimony must file with the Board a written notice of intent to do so. The notice of intent to present technical testimony shall include:

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

(2) identify each technical witness that the person intends to present and state the qualifications of the witness, including a description of his or her educational and work background;

(3) summarize or include a copy of the direct testimony of each technical witness and state the anticipated duration of the testimony of that witness;

(4) list and describe, or attach, each exhibit anticipated to be offered by that person at the hearing, including any proposed statement of reasons for adoption of the rules; and,

(5) attach the text of any recommended modifications to the proposed changes.

New Energy Economy’s Notice of Intent to Present Technical Testimony for the hearing must be received by the Office of the Environmental Improvement Board (EIB) not later than 5:00 p.m., January 18, 2010. All other parties’ Notices of Intent to Present Technical Testimony must be received by the Office of the EIB not later than 5:00 p.m. February 22, 2010. Rebuttal testimony by all parties must be received by the Office of the EIB not later than 5:00 p.m. March 29, 2010. Notices of Intent to Present Technical Testimony and all subsequent documentation should be submitted referencing the name of the regulation, the date of the hearing and the docket number EIB 08-19 (R) and should be submitted to:

Joyce Medina, Administrator

Environmental Improvement Board

Harold Runnels Bldg., Rm. N-2153

1190 St. Francis Drive

Santa Fe, New Mexico 87505

(505) 827-2425

(505) 827-0310 FAX

If you are an individual with a disability and you require assistance or an auxiliary aid, e.g., sign language interpreter, to participate in any aspect of this process, please contact Judy Bentley by February 12, 2010 at the NMED, Human Resources Bureau, P.O. Box 5469, Santa Fe, NM 87502, telephone 505-827-9872. TDD or TDY may access this number via the New Mexico Relay Network at 1-800-659-8331.

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