New Mexico ozone rule to be enforced

Change happens Aug. 5; goal is to curb oil field emissions that fuel toxic ozone

A state rule aimed at curbing oil field emissions that cause toxic ozone was published in the state register this week and will go into effect next week.

Known as the ozone precursor rule, the new regulations are expected to significantly reduce nitrogen oxides and volatile organic compounds that form ground-level ozone, a gas that can impair breathing and, at high enough doses, damage the heart and lungs.

The rule will take effect Aug. 5, requiring operators to check emission rates and have those calculations certified by a qualified engineer.

Companies must inspect equipment regularly for leaks and fix any they find within 15 days. They also must maintain records to show continued compliance.

Regulators will begin policing fossil fuel operations after Aug. 5, said state Environment Secretary James Kenney.

“Now is the time for oil and gas companies to audit their operations, ensure compliance and disclose any potential violations,” Kenney said in a statement.

In April, the state Environmental Improvement Board adopted the rule to cover eight counties where the pollutants had reached at least 95 percent of the federal ambient air quality standard.

They are Chaves, Doña Ana, Eddy, Lea, Rio Arriba, Sandoval, San Juan and Valencia counties.

Regulators estimate the rule will decrease ozone precursors by an estimated 260 million pounds a year, the equivalent of taking 8 million cars off the road.

The rule doesn’t technically cover methane. But because that potent greenhouse gas is linked to ozone, its emissions will be reduced by an estimated 851 million pounds annually.

Regulators and conservationists say the rule will augment the methane regulations the state adopted last year that restrict venting and flaring of natural gas to emergencies. Operators also are required to capture 98 percent of their methane by the end of 2026. Climate researchers estimate methane is 80 times more powerful in warming the Earth over a 20-year period than carbon dioxide.

“One of my first acts in office was to direct the state to come up with the best rules in the country, reducing wasted resources, cutting methane emissions that warm our climate, and making the air safer for all of us to breathe,” Gov. Michelle Lujan Grisham said in a statement.

“Today, we are checking that commitment off the list, and a healthier environment and more responsible industry will follow.”

Industry representatives have expressed mixed feelings about the rule, saying they’re willing to do their part to reduce ozone but complaining some provisions are excessive.

The rule calls for more frequent inspections on wells that emit more pollutants. Wells that are within 1,000 feet of homes, schools or businesses must be checked quarterly. Even wells with the lowest emissions — 2 tons or less yearly — will need to be inspected annually, a sore point for industry executive who argue it’s onerous for small operators.

Environmentalists contend low-emitting wells make up a large share of oil field pollution and need stringent oversight.

The new regulations will be a strong model for the U.S. Environmental Protection Agency to build on as it crafts its national methane rule, Jon Goldstein, state policy director for the Environmental Defense Fund, said in a statement.

“These standards represent historic progress for the health and safety of communities across New Mexico,” Goldstein said.