New Mexico Register / Volume XXXIV, Issue 17 / September 12,
2023
NEW MEXICO
ENVIRONMENTAL IMPROVEMENT BOARD
NOTICE OF
RULEMAKING HEARING TO CONSIDER
PROPOSED
AMENDMENTS TO 20.2.91 NMAC EIB 23-56 (R)
The New Mexico
Environmental Improvement Board (“EIB”) will hold a joint public hearing with
the Albuquerque-Bernalillo County Air Quality Control Board (“AQCB”) beginning
on November 13, 2023, at 9:00 am and continuing through November 16, 2023, to
consider EIB 23-56 (R) - In the
Matter of Proposed Amendments to 20.2.91 NMAC – New Motor Vehicle Emissions
Standards (“20.2.91
NMAC”). The hearing will last as long as required to
hear all testimony, evidence, and public comment, and is expected to last
approximately three days. The EIB may begin deliberation on the proposed rule
on November 15th or the following day.
The in-person hearing
will be held in the https://www.sbnm.org/statebarcenter, 5121 Masthead Street,
NE in Albuquerque, New Mexico. Detailed
information concerning the time and location can be found on the New Mexico
Environment Department (“NMED”) calendar at
https://www.env.nm.gov/events-calendar/ no later than October 20, 2023. For more information, please contact the EIB
Administrator at (505) 660-4305 or pamela.jones@env.nm.gov. Additional meeting and access details, including if the
hearing has a virtual component, will be available in the calendar entry
corresponding to the hearing start date.
The purpose of the public
hearing is for the EIB to consider and take possible action on a petition by
NMED requesting the EIB to adopt amendments to 20.2.91 NMAC
(https://www.env.nm.gov/opf/wp-content/uploads/sites/13/2023/07/2023-07-07-EIB-23-56-EPD-CCB-ACT-II-Petition-final.pdf),
which will update New Mexico’s standards to align with California’s standards
for low-emission and zero-emission light- and medium-duty vehicles. The proposed rules also require new emission
standards and reporting requirements identical to California's for heavy-duty vehicles
delivered for sale in New Mexico. This regulation is part of a broader state
effort to address greenhouse gas emissions in keeping with Governor Lujan
Grisham’s Executive Order 2019-003 On Addressing Climate Change and Energy
Waste Prevention (https://www.governor.state.nm.us/wp-content/uploads/2019/01/EO_2019-003.pdf).
The EIB is authorized to adopt the proposed amendments pursuant to the
Environmental Improvement Act, Paragraph (4) of Subsection A of Section 74-1-8
NMSA 1978, and the Air Quality Control Act, Sections 74-2-1 through 74-2-17
NMSA 1978.
The proposed regulation
amends 20.2.91 NMAC, New Motor Vehicle Emission Standards, that the EIB
originally adopted in 2022 during a joint hearing with the AQCB. To assure that the rule applies to the
jurisdictions of both the EIB and the AQCB – statewide – and meets the
identicality requirements of Section 177 of the Clean Air Act, the EIB and the
AQCB will hold a joint hearing and possible deliberation to consider the
proposed amendments to 20.2.91 NMAC and 20.11.104 NMAC
(https://www.dropbox.com/scl/fo/9mlsyv00cgfk2qw5s5k88/h?dl=0&rlkey=70dg126euu69evv6woll1rtsr),
respectively. The EIB and the AQCB may
independently make a final decision on the proposed rule for their respective
jurisdictions at the conclusion of the hearing or may convene later meetings
for that purpose. The hearing will be
conducted in accordance with: 20.1.1 NMAC, Rulemaking Procedures –
Environmental Improvement Board; the Environmental Improvement Act,
Section 74-1-9 NMSA 1978; the Air Quality Control Act, Section 74-2-6
NMSA 1978; and other applicable procedures.
The Petition, Statement of Reasons, Amended Rule, and related
documents may be viewed on NMED’s docketed matters website under the
Environmental Improvement Board dropdown menu, in the section for EIB 23-56 (R)
- In the Matter of Proposed Amendments to 20.2.91 NMAC – New Motor Vehicle
Emission Standards. NMED’s docketed matters website is at
https://www.env.nm.gov/opf/docketed-matters/. Additional information is available on NMED’s
Clean Transportation webpage at https://www.env.nm.gov/transportation/. Paper copies of the petition, the statement
of reasons, and the proposed rule are available at all NMED’s offices
statewide. Interested persons may contact Bonney Hughes at (505) 479-2207 or
cleancarsnm@env.nm.gov with questions.
PUBLIC PARTICIPATION
Hearings and meetings of
the Boards are open to the public and all interested persons are encouraged to
participate. All interested persons will be given a
reasonable opportunity at the hearing to submit relevant evidence, data, views,
and arguments, orally and in writing; to introduce exhibits; and to examine
witnesses.
TECHNICAL TESTIMONY
Any person who wishes to present technical evidence at the hearing
shall file a notice of intent at least 20 days prior to the hearing date to the
Board Administrator including the docket number and the name of the regulation,
EIB 23-56 (R)- In the Matter of Proposed Amendments to 20.2.91 NMAC – New Motor
Vehicle Emission Standards. The notice
of intent to present technical testimony shall: (1) identify the person for
whom the witness(es) will testify; (2) identify each technical witness the
person intends to present and state the qualifications of that witness,
including a description of their educational and work background; (3) if the
hearing will be conducted at multiple locations, indicate the location or
locations at which the witnesses will be present; (4) include a copy of the
direct testimony of each technical witness in narrative form; (5) include the
text of any recommended modifications to the proposed regulatory change; and
(6) list and attach all exhibits anticipated to be offered by that person at
the hearing, including any proposed statement of reasons for adoption of rules.
ENTRY OF APPEARANCE
Any person who wishes to be treated as an interested participant and
to cross-examine witnesses at the hearing shall file and serve upon all parties
an entry of appearance at least 20 days prior to the hearing date. A timely notice of intent shall be considered
an entry of appearance. The entry of
appearance must identify the person wishing to be treated as an interested
participant and any individual who may appear on behalf of that person.
PUBLIC COMMENT
Those wishing to submit comments prior to the hearing may submit
relevant evidence, data, views, and arguments to the EIB Administrator:
https://nmed.commentinput.com/?id=TuMmsArBj; pamela.jones@env.nm.gov, telephone
(505) 660-4305, or Environmental Improvement Board Administrator, New Mexico
Environment Department- Harold Runnels Building, P.O. Box 5469, Santa Fe, NM
87502. Those submitting non-technical
public comment at the hearing or a non-technical written statement in lieu of
oral testimony at or before the hearing should reference docket number EIB
23-56 (R). Any person wishing to submit a non-technical written comments for
the record in lieu of oral testimony must file such a statement prior to the
close of the hearing.
ACCESSIBILITY
If any person requires assistance, an interpreter, or an auxiliary aid
to participate in this process, please contact the Board Administrator at least
14 days prior to the hearing date at 1190 St. Francis Drive, P.O. Box 5469,
Santa Fe, NM 87502, telephone (505) 660-4305, or email pamela.jones@env.nm.gov
(TDD or TTY users please access the number via the New Mexico Relay Network,
1-800-659-1779 (voice); TTY users: 1-800-659-8331).
Notice of
Nondiscrimination
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. Part 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:
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. You may also visit NMED’s website
at https://www.env.nm.gov/non-employee-discrimination-complaint-page/ to learn
how and where to file a complaint of discrimination.