New Mexico > Environmental Improvement Agency >
NMAC 20.2.88

AGENCY: Environmental Improvement Board

TITLE: Clean Cars

PROPOSED: 08/31/2010

SUMMARY: Waives the Clean Car Standards for model year 2011 through and including model year 2016, as new federal regulations provide similar levels of pollution control.

AGENCY CONTACT: Joyce Medina, Board Administrator, Office of the Environmental Improvement Board, Harold Runnels Building, 1190 St Francis Dr, Rm N-2150/2153, Sante Fe, NM 87505, 505-827-2425, Fax 505-827-2836

CITATION: NMAC 20.2.88

STATUS:
08/31/2010 - Proposed Rule Notice Comment Deadline: 12/06/2010; Vol. XXI, No. 16, New Mexico Register 08/31/2010 pp.747-748

08/31/2010 - Proposed Rule Comment Deadline: 12/06/2010; Environmental Improvement Board 08/31/2010

NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD: NOTICE OF RULEMAKING HEARING

The New Mexico Environmental Improvement Board ("Board") will hold a public hearing commencing on Dec. 6, 2010 and continuing day-to-day until completed, at the State Capitol, 490 Old Santa Fe Trail, Santa Fe, NM 87501, in room 317, for the purpose of hearing the matter in EIB No. 10-10 (R), the New Mexico Environment Department's ("NMED") proposal to amend the regulation, Clean Cars Rule, 20.2.88 NMAC.

The regulation would waive the Clean Car Standards for model year 2011 though and including model year 2016, as new federal regulations provide similar levels of pollution control.

The proposed regulation may be reviewed during regular business hours at the NMED Air Quality Bureau office, 1301 Siler Road, Building B, Santa Fe, New Mexico, on NMED's web site at www.nmenv.state.nm.us, or by contacting Emily Geery at (505) 476-4315 or Emily.Geery@state.nm.us.

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, scheduling, procedural, and other orders entered by the Board or its Hearing Officer, andother 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 including the following:

(1) identify the docket number, EIB No. 10-10 (R)

(2) identify the date of the hearing;

(3) identify the person for whom the witness(es) will testify;

(4) identify each technical witness that the person intends to present and state the qualifications of the witness, including a description of their education and work background;

(5) include the full written testimony of each technical witness;

(6) attach each exhibit to be offered at the hearing; and

7) attach the text of any recommended modifications to the proposed regulation.

The Department shall submit its notice of intent to present technical testimony on Aug. 31, 2010.

Any interested person shall submit a notice of intent to present technical testimony on Oct. 22, 2010.

The Department shall submit their notice of intent to present rebuttal testimony on Nov. 19, 2010.

Notices of intent must be received in the Board's Office no later than 5:00 p.m. on the date specified above. The Board's Office address is provided below:

Joyce Medina, Board Administrator
Office of the Environmental Improvement Board
Harold Runnels Building
1190 St. Francis Dr., Room N-2150 / 2153
Santa Fe, NM 87505
Phone: (505) 827-2425, Fax (505) 827-2836

Any person, including a member of the public, who wishes to present non-technical public comment, testimony, or exhibit may do so without prior notification either in writing at any time before the conclusion of the hearing or in person at the hearing.

Persons having a disability and needing help in being a part of this hearing process should contact Judy Bentley by November 22, 2010, at the NMED, Personnel Services Bureau, P.O. Box 5469, Santa Fe, New Mexico 87502, telephone 505-827-9872. TDY users may access her number via the New Mexico Relay Network at 1-800-659-8331.

The Board may make a decision on the proposed regulation at the conclusion of the hearing or may convene another meeting for that purpose.