Overview of Stakeholder Meetings and Regulation Revision Process

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

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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

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Regulatory Requirements for Rule Revisions

• EIBs 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

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Regulatory Requirements for Rule Revisions (2)

• Departments 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)

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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

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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

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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

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Contact Information

• For changes or inclusion to Stakeholder mailing
  list, contact
• Bertha Aragon [phone]
• Bertha.Aragon_at_state.nm.us
• To comment on proposed rules, or for information
  on rule revision process, contact
• Jennifer Pruett [phone]
• Jennifer.Pruett_at_state.nm.us
• Address of Bureau is
• NMED Petroleum Storage Tank Bureau
• 1301 Siler Road, Building B
• Santa Fe, New Mexico 87507
• [phone]

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Questions and Commentsfrom Stakeholders