Group calls on New Mexico to crack down on air pollution releases from oil and gas

Amid fears of worsening air quality in New Mexico’s oil and gas regions, an environmental group called on the State of New Mexico to enforce regulations targeting emissions from extraction.

WildEarth Guardians of Santa Fe reported air pollutants were being released via venting by the industry at rates higher than the State’s standards.

In an April 27 letter to the New Mexico Environment Department, the group argued companies were reporting higher volumes of vented volatile organic compounds (VOCs) than should be allowed by the state.

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The letter detailed allegations against almost every major oil producer in the region, spread out across 60 facilities in New Mexico.

VOCs form ground-level ozone when interacting with sunlight. It’s a cancer-causing air pollutant when breathed in during a long term and creates smog.

The emissions, according to the letter, were in the Permian Basin area to the southeast and the Chaco Canyon region in the northwest San Juan Basin area.

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In its research, WildEarth Guardians studied industry-reported venting data from the Oil Conservation Division (OCD) and contended the volumes were in excess of NMED’s standards for VOC releases.

About 20 to 30 percent of vented gas can contain VOCs, the report read, arguing the extent of the issue could be worse than even industry data showed.

In its letter, WildEarth Guardians alleged multiple operators failed to obtain adequate air pollution permits, violated emission limits included in existing permits and failed to report excess emissions.

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“Our review of venting data reported by oil and gas companies to OCD indicates widespread violations of New Mexico air quality laws and regulations,” the letter read.

“Based on credible emission factors utilized by industry, the aforementioned venting events led to the release of VOC emissions in excess of legally allowable limits. Accordingly, the Environment Department must take action, both to address these violations and to effectively deter future violations.”

Jeremy Nichols, climate and energy program director at WildEarth Guardians said the state’s recently adopted ozone regulations, limiting the amount of VOCs companies can emit in areas known for high ozone concentrations, were being violated by the oil and gas industry.

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“In spite of rules adopted by the Michelle Lujan Grisham administration to limit oil and gas industry venting and protect clean air, the reality is companies are routinely ignoring and violating these rules,” he said.

During the 2023 Legislative Session, NMED Cabinet Secretary James Kenney argued for increased funds in the Department’s budget to combat air pollution and take enforcement action.

He said lawmakers opted not to adequately fund NMED during the session, which could impede the State’s ability to enforce air quality rules.

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Meanwhile, the Environmental Protection Agency was considering designating the Permian Basin in both Texas and New Mexico – the U.S.’ most active oil and gas field – in violation of the National Ambient Air Quality Standard (NAAQS), a move that would increase federal oversight of sources of air pollution in the region.

That would slow permitting and curb oil and gas production in New Mexico, Kenney said.

“We’re just continuing to pave the way for deeper levels of regulatory oversight from the federal government,” he said. “We can’t hold the companies accountable because we don’t have the budget to do that.

“It’s going to exacerbate the ozone problem for years to come.”

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Despite the lack of funding reported by NMED, Nichols said the State most act to protect New Mexico’s air quality and the safety of its residents as oil and gas production surged.

The Permian Basin was expected to increase production by another 13,000 barrels per day (bpd) in May, according to the Energy Information Administration (EIA) for a total of about 5.69 million bpd – more oil than the next six top shale basins in the U.S. combined.

All that fossil fuel production means more air pollutants released into the atmosphere and warranted a deeper investigation, Nichols said, of the true extent of the problem.

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“We need action to confront and deter these violations and for the Environment Department to stop giving the oil and gas industry a free pass to pollute,” he said.

Joe Vigil, spokesman for the New Mexico Oil and Gas Association maintained that operators do what they can to prevent excessive emissions and mitigate the environmental impact of energy development.

He said that production in the U.S. must be supported by government agencies as an economic driver of states like New Mexico and to avoid a reliance on foreign energy sources – often produced with laxer environmental standards.

“Domestic production is key to our energy security which is vital to American national security,” Vigil said. “The New Mexico Oil and Gas industry is the state's largest revenue producing industry, providing $10.8 billion, about one third of our state budget and permanent fund, for the funding of education, infrastructure, and first responders.”

Adrian Hedden can be reached at 575-628-5516, achedden@currentargus.com or @AdrianHedden on Twitter.

This article originally appeared on Carlsbad Current-Argus: Group calls on New Mexico to crack down on oil and gas air pollution