2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 7 - Environmental Compliance › Section 74-7-5 - Adoption of regulations; notice and hearing; appeal.

A. No regulations shall be adopted pursuant to the Environmental Compliance Act until after a public hearing by the board. As used in this section, "regulation" includes any amendment or repeal thereof. Hearings on regulations shall be held pertaining to that environmental area which is substantially affected by the regulation. In making a regulation, the board shall give the weight it deems appropriate to all relevant facts and circumstances presented at the hearing, including but not limited to:
(1) the protection of the health and welfare of both the general public and the individual worker and the maintenance of the delicate ecological balance;
(2) the necessity for and technical practicability and economic reasonableness of taking action with respect to environmental auditing programs;
(3) the need to protect private proprietary processes;
(4) the level of management support within the specific regulated entity for the environmental auditing program;
(5) a regulated entity's established procedures to ensure compliance and correction of any environmental standards that are violated; and
(6) compliance with the requirements of the following federal laws and their associated standards, regulations and state implementing directives:
(a) the National Environmental Policy Act of 1969;
(b) the Federal Water Pollution Control Act;
(c) the Safe Drinking Water Act;
(d) the Resource Conservation and Recovery Act of 1976;
(e) the Used Oil Recycling Act of 1980;
(f) the Clean Air Act;
(g) the Toxic Substances Control Act;
(h) the Occupational Safety and Health Act of 1970;
(i) the Noise Control Act of 1972;
(j) the Hazardous Materials Transportation Act; and
(k) the Comprehensive Environmental Response, Compensation and Liability Act of 1980.
B. Notice of the hearing shall be given at least thirty days prior to the hearing date and shall state the subject, time and place of the hearing and the manner in which interested persons may present their views. The notice shall state where interested persons may secure copies of any proposed regulation. The notice shall be published in a newspaper of general circulation in the area affected. Reasonable effort shall be made to give notice to all persons who have made a written request to the board for advance notice of hearings.
C. At the hearing, the board shall allow all interested persons reasonable opportunity to submit data, views or arguments, orally or in writing, pertaining to the feasibility of conducting environmental audits.
D. No regulation or amendment or repeal thereof adopted by the board shall become effective until thirty days after its filing pursuant to the State Rules Act [Chapter 14, Article 4 NMSA 1978].
E. Any person who is affected by a regulation adopted by the board may appeal to the court of appeals for further relief. All appeals shall be upon the transcript made at the hearing and shall be taken to the court of appeals within thirty days after filing of the regulation pursuant to the State Rules Act.
History:
Laws 1983, ch. 29, § 5.
ANNOTATIONS
Cross references.
— For the National Environmental Policy Act of 1969
see
42 U.S.C. §§ 4321, 4331 to 4335 and 4341 to 4347.
The federal Water Pollution Control Act was omitted from the U.S. Code as superseded by 33 U.S.C. § 1251 et seq.
For the Safe Drinking Water Act,
see
21 U.S.C. § 349 and 42 U.S.C. §§ 201 and 300f et seq.
For the Resource Conservation and Recovery Act of 1976,
see
42 U.S.C. § 6901 et seq.
For the Used Oil Recycling Act of 1980,
see
42 U.S.C. §§ 6901a, 6903, 6914a, 6915, 6916, 6932, 6943 and 6948.
For the Clean Air Act,
see
42 U.S.C. § 7401 et seq.
For the Toxic Substances Control Act,
see
15 U.S.C. § 2601 et seq.
For the Occupational Safety and Health Act of 1970,
see
29 U.S.C. § 651 et seq. and numerous other provisions.
For the Noise Control Act of 1972,
see
42 U.S.C. § 4901 et seq. and 49 U.S.C. § 1431.
For the Hazardous Materials Transportation Act,
see
49 U.S.C. § 1801 et seq.
For the Comprehensive Environmental Response, Compensation and Liability Act of 1980,
see
42 U.S.C. § 9601 et seq.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Affirmative defenses in actions challenging omission or adequacy of environmental impact statement under § 102(2)(C) of National Environmental Policy Act of 1969 (42 USCS § 4332(2)(C)), 63 A.L.R. Fed. 18.
Environmental and conservation groups' standing to challenge omission or adequacy of environmental impact statement required by § 102(2)(C) of National Environmental Policy Act of 1969 (42 USCS § 4332(2)(C)), 63 A.L.R. Fed. 446.