The Water Quality Control Commission has scheduled a hearing on the following matter May 12, 2015 at 10am


Before the Water Quality Control Commission

Citizen Action New Mexico Appeal of Denial of Public Hearing Request

Discharge Permit Application Kirtland Air Force Base (KAFB) Bulk Fuels Facility,

Ethylene Dibromide and LNAPL, Remediation

Citizen Action requested a Public Hearing in the above captioned matter by a request received by the NMED Ground Water Quality Bureau (GWQB) on June 12, 2014. By email dated June 11, Citizen Action Executive Director Dave McCoy requested provisions for a public hearing in the matter. On June 12, 2014 Melanie Sanchez, Groundwater Pollution Prevention informed McCoy by email that “NMED will allow 30 days from the date the public notice is published during which time written comments can be submitted and/or a public hearing requested.” Citizen Action filed a timely request for a public hearing in the matter with Melanie Sanchez on June 12, 2014. The statement by Ms. Sanchez did not require that comments be filed in the matter.

Citizen Action received no notice of withdrawal of Kirtland’s application for the discharge permit. Citizen Action Executive Director requested the date of the withdrawal and the notification of such withdrawal from the contact person listed on the Denial. Apparently, the KAFB application withdrawal was not noticed.

On October 30, the GWQB issued a second notice of the DP#1770 application, but the notice did not state that a new comment period would commence or that prior requests for a public hearing on the matter were extinguished and should be renewed.

The KAFB jet fuel spill is an issue of enormous concern to the Albuquerque community. The withdrawal of the application and then the subsequent reapplication appear as a procedural maneuver to dodge the request by Citizen Action for a public hearing on the discharge permit.

The request for a public hearing should be granted.


Dave McCoy, Esq., Executive Director

Citizen Action New Mexico

POB 4276

Albuquerque, NM 89176

505 262-1862