New Mexico Register / Volume XXXIII,
Issue 16 / August 23, 2022
NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD
NOTICE OF RULEMAKING HEARING TO CONSIDER ADOPTION OF
PROPOSED 20.2.101 NMAC – CARBON DIOXIDE EMISSION STANDARDS FOR COAL-FIRED
ELECTRIC GENERATING FACILITIES, EIB 22-28 (R)
The New Mexico Environmental
Improvement Board ("Board") will hold a public hearing beginning at
9:00 a.m. on October 26, 2022, and continuing through October 28, 2022, to
consider the matter of EIB 22-28 (R), proposed new regulations at 20.2.101 NMAC
– Carbon Dioxide Emissions Standards for Coal-Fired Electric Generating
Facilities (“Part 101”). The hearing
will last as long as required to hear all testimony,
evidence, and public comment, and is expected to last approximately two days
with a third day to be reserved for deliberations.
The hearing will be conducted
in a hybrid format to allow for both in-person and virtual participation. The in-person hearing will be held, subject to
COVID-19 health precautions and any emergency health orders that may be in
effect, at the San Juan College Information Technology Building, Room 7103, 4601
College Blvd., Farmington, NM 87402. Information
and instructions on how to join the hearing virtually will be available no
later than August 23, 2022 on the Board’s webpage at
the following link: https://www.env.nm.gov/opf/docketed-matters/. Meeting and access details will also be
available on the New Mexico Environment Department (“NMED”) calendar at https://www.env.nm.gov/events-calendar/,
on the calendar entry corresponding to the hearing start date. All interested persons may submit comments to
the Board Administrator through the conclusion of the hearing via email at pamela.jones@state.nm.us.
If you have difficulties
joining the meeting, please contact Pamela Jones at (505) 660-4305 or Madai
Corral at (505)-490-5803.
The purpose of the public
hearing is for the Board to consider and take possible action on a petition by the
New Mexico Environment Department (“NMED”) requesting the Board to adopt a new
regulation at 20.2.101 NMAC. The requested action is mandated pursuant to the
New Mexico Air Quality Control Act at Subparagraph (b) of Paragraph (1) of
Subsection (B) of Section 74-2-5 NMSA 1978, which requires the Board to adopt standards
of performance that limit carbon dioxide emissions to no more than one thousand
one hundred pounds per megawatt-hour on and after January 1, 2023
for coal-fired electric generating facilities with an original installed
capacity exceeding three hundred megawatts. The proposed regulations would reduce emissions
of carbon dioxide emissions from such coal-fired electric generating facilities
located in areas of the State within the Board’s jurisdiction.
The proposed regulations and
related information, including technical information, may be reviewed on NMED’s
web site at https://www.env.nm.gov/air-quality/proposed-regs; during regular
business hours at the NMED Air Quality Bureau, 525 Camino de los Marquez, Suite 1, Santa Fe, NM 87505; or by contacting
the Air Quality Bureau at (505) 476-4300.
Comments on the proposed regulations may
be submitted to NMED no later than September 26, 2022, via NMED’s electronic
comment portal at https://nmed.commentinput.com/comment/search#; via email to robert.spillers@state.nm.us;
or via traditional mail to the NMED Air Quality Bureau at the address above.
Comments may be submitted directly to the
Board through the conclusion of the hearing as described below.
The hearing will be conducted
in accordance with the Board’s Rulemaking Procedures at 20.1.1 NMAC; the New
Mexico Environmental Improvement Act at NMSA 1978, Section 74-1-9; the New
Mexico Air Quality Control Act at NMSA 1978, Section 72-2-6; and other
applicable procedures.
All interested persons will
be given reasonable opportunity at the hearing to submit relevant evidence,
data, views and arguments, orally or in writing; to
introduce exhibits; and to examine witnesses. Persons wishing to present technical testimony
must file a written Notice of Intent to present technical testimony with the
Board. The requirements for a Notice of
Intent can be found at 20.1.1.302 NMAC. Notices
of Intent to present direct technical testimony must be received by the Board no
later than 5:00 pm on September 14, 2022. Notices of Intent to submit rebuttal technical
testimony must be received by the Board no later than 5:00 pm on October 12, 2022.
All Notices of Intent should reference
the name of the regulation (20.2.101 NMAC – Carbon Dioxide Emission
Standards for Coal-Fired Electric Generating Facilities); the date of the
hearing (October 26, 2022); and the docket number (EIB 22-28 (R)). Notices of Intent to present technical
testimony should be submitted to:
Pamela Jones, Board
Administrator
Environmental Improvement
Board
P.O. Box 5469
Santa Fe, NM 87502
Tel (505) 660-4305
Fax (505) 827-2836
email: pamela.jones@state.nm.us
Any member of the general public may testify at the hearing. No prior notification is required to present
non-technical testimony at the hearing. Any
such member may also offer exhibits in connection with their testimony, so long
as the exhibit is not unduly repetitious of the testimony.
A member of the general public who wishes to submit a written statement for
the record, in lieu of providing oral testimony at the hearing, must file such
statement with the Board prior to the close of the hearing. To file a written statement via email, send the
statement to pamela.jones@state.nm.us.
The Board may continue the
hearing beyond the expected conclusion date, leaving the hearing record open
and continuing to receive comments. Notice
of continuation will be posted on the Board’s and NMED’s website. Additionally,
the Board may make a decision on the proposed rule immediately
at the conclusion of the hearing, or the Board may convene a meeting at a later
date after the hearing to consider action on the proposed rule.
Persons
requiring language interpretation services or having a disability who need a
reader, amplifier, qualified sign language interpreter, or any other form of
auxiliary aid or service to attend or participate in the hearing should contact
Pamela Jones no later than October 16, 2022 at (505)
660-4305 or pamela.jones@state.nm.us. TDD or TDY users please access this
number via the New Mexico Relay Network (Albuquerque TDD users: (505) 275-7333;
outside of Albuquerque: 1-800-659-1779; TTY users: 1-800-659-8331).
STATEMENT OF
NON-DISCRIMINATION: NMED does not
discriminate on the basis of race, color, national
origin, disability, age or sex in the administration of its programs or
activities, as required by applicable laws and regulations. NMED is responsible for coordination of
compliance efforts and receipt of inquiries concerning non-discrimination
requirements implemented by 40 C.F.R. Parts 5 and 7, including Title VI of the
Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of
1973; the Age Discrimination Act of 1975, Title IX of the Education Amendments
of 1972, and Section 13 of the Federal Water Pollution Control Act Amendments
of 1972. If you have any questions about
this notice or any of NMED’s non- discrimination programs, policies
or procedures, you may contact:
Kathryn Becker, Non-Discrimination
Coordinator
New Mexico Environment
Department
1190 St. Francis Dr., Suite
N4050
P.O. Box 5469
Santa Fe, NM 87502
(505) 827-2855
nd.coordinator@state.nm.us
If you believe that you have
been discriminated against with respect to a NMED program or activity, you may
contact the Non-Discrimination Coordinator identified above or visit our
website at https://www.env.nm.gov/non-employee-discrimination-complaint-page/
to learn how and where to file a complaint of discrimination.