Environmental Project

Governor petitions EPA to list PFAS as hazardous waste

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Gov. Michelle Lujan Grisham filed a petition with the U.S. Environmental Protection Agency on Wednesday, to list per- and polyfluoroalkyl substances, also known as PFAS, as hazardous waste under the federal Resource Conservation and Recovery Act. “PFAS chemicals present an imminent and substantial endangerment to human health and the environment,” she wrote in a letter to EPA Administrator Michael Regan. This letter was included with the petition and is dated June 23. “In the absence of a federal framework, states continue to create a patchwork of regulatory standards for PFAS across the U.S. to address these hazardous chemicals. This leads to inequity in public health and environmental protections,” Lujan Grisham said in a press release.

Environmental Project

New Mexicans weigh in on methane as EPA considers new rules

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Dozens of New Mexicans issued warnings about the current and future impacts of climate change this week as they urged the U.S. Environmental Protection Agency to adopt a new rule that would lead to significant methane emission reductions from the oil and gas sector. The comments happened as part of three days of public comment sessions as the EPA works on a new rule to address methane emissions from oil and gas. While the EPA hosted meetings to collect public comments, people can also submit comments online through June 30 at regulations.gov.

Methane is a powerful greenhouse gas that contributes to climate change and emissions from oil and gas extraction have been linked to various health conditions ranging from asthma to cancer. Many of the commenters asked for a reduction in methane emissions by at least 65 percent from 2012 levels by 2025. Related: Biden’s first day: Trump’s methane rule and U.S. rejoins Paris Agreement

Albuquerque-resident David Robertson, who identified himself as a retired engineer and a member of the climate advocacy group New Mexico Interfaith Power and Light, said the target can be met with existing technology at an affordable price.

Environmental Project

Guv slams federal methane regulation rollback

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Gov. Michelle Lujan Grisham joined a choir of criticism Thursday directed towards the U.S. Environmental Protection Agency as the agency rescinded Obama-era regulations for methane emissions in the oil and gas sector. 

EPA Administrator Andrew Wheeler signed the new regulation at a press conference in Pittsburgh, Pennsylvania. The new rule removes requirements for operators to fix methane leaks discovered during bi-annual inspections on equipment at well sites and downstream that were installed after 2015, and relaxes other standards related to emissions. 

“EPA has been working hard to fulfill President Trump’s promise to cut burdensome and ineffective regulations for our domestic energy industry,” Wheeler said in a statement. “Regulatory burdens put into place by the Obama-Biden Administration fell heavily on small and medium-sized energy businesses. Today’s regulatory changes remove redundant paperwork, align with the Clean Air Act, and allow companies the flexibility to satisfy leak-control requirements by complying with equivalent state rules.”

RELATED: Worsening air quality in Permian Basin ‘cause for concern’

“It is utterly disheartening and sadly unsurprising to hear once again that critical environmental regulations are being rolled back by the Trump administration, leaving states to fend for themselves,” Lujan Grisham said in a statement Thursday afternoon. Lujan Grisham cited her administration’s work to develop more stringent methane rules for oil and gas operations in the state. 

“New Mexico is well on the way to putting in place our own robust and innovative regulations to curb methane emissions in the oil and gas industry, which will yield improved air quality and fewer climate change-inducing emissions,” she said.

Environmental Project

EPA moves forward with sodium cyanide bomb rule

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The Environmental Protection Agency released a new interim decision allowing the use of sodium cyanide bombs, also called M-44s, on Thursday. The agency released its revised decision on the controversial devices after retracting the initial interim decision in August. M-44s date back to the 1970s and are used to kill coyotes and other predators that threaten livestock. The spring-loaded device is inserted into the ground, and topped with scented bait to attract carrion-feeding animals. When an animal bites down on the bait, the spring shoots a pellet of powdered sodium cyanide into the animal’s mouth.

Environmental Project

NMED issues first round of violation notices for methane emissions in Permian Basin

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The New Mexico Environment Department issued notices of violation to two oil and gas producers operating in southeastern New Mexico. Matador Production Company and Mewbourne Oil Company were both cited for violating the state’s Air Quality Control Act. NMED discovered the violations during an inspection conducted in April alongside the U.S. Environmental Protection Agency. The violations included failure to capture emissions from storage vessels, failure to maintain pilot lights on flares, failure to comply with closed vent system requirements and failure to ensure natural gas is captured and not emitted to the atmosphere. The EPA also cited the two companies for violating the federal Clean Air Act.

Environmental Project

Guv, NMED speak out against Trump administration’s EPA methane regulation rollbacks

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The New Mexico Environment Department and Gov. Michelle Lujan Grisham strongly oppose the EPA’s proposal to roll back regulations for methane and other emissions from the oil and gas industry. The EPA proposed removing some regulations covering methane and volatile organic compounds (VOCs) from transmission and storage sources and processing and production operations. The proposed rule changes will “save the industry millions of dollars in compliance costs each year,” the EPA said, “while maintaining health and environmental regulations on oil and gas sources that the agency considers appropriate.”

RELATED: While state grapples with new methane rules, EPA wants to end some methane emissions limits all together

NMED Secretary James Kenney submitted comments in opposition to the proposal to the EPA Thursday night. Kenney argued the proposed rule “preempts state law while imposing significant burdens upon state environmental agencies.”

“The proposed revisions will significantly degrade air quality and adversely impact public health throughout the U.S., including the State of New Mexico,” Kenney said.  

Kenny’s comments came after the EPA held a hearing on the proposal in Dallas last week. Several residents from New Mexico testified at the hearing, as did a representative of NMED.

Clean Water Act

EPA rolls back water protections for seasonal rivers and streams

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The EPA has repealed a portion of the Clean Water Act that expanded protections for smaller water systems across the U.S. EPA Administrator Andrew Wheeler and Department of the Army Assistant Secretary of the Army for Civil Works R.D. James announced the repeal at an event at the National Association of Manufacturers headquarters in Washington D.C. Monday. 

The Obama-era 2015 rule defines “waters of the United States” (WOTUS) to include isolated waterways and wetlands, as well as seasonal streams and rivers that flow only part of the year. The definition was broadly supported by environmental groups as a recognition of the complexity of water systems across the U.S. but drew criticism from industry and land stakeholders for creating uncertainty around which waters are federally regulated and which are not. 

Communities in New Mexico and across the western half of the U.S. rely on waterways that flow intermittently after rain or snow to support wildlife habitats and drinking water sources. The 2015 rule extended pollution protections to those types of water systems, which often feed into larger rivers, lakes and other water systems. Ninety-three percent of New Mexico’s waterways are “ephemeral,” meaning they do not flow consistently throughout the year. RELATED: Revised Clean Water Rule leaves out most of NM’s waterways

Wheeler described the 2015 rule as an “egregious power grab” and said its repeal is part of a wider policy shift for regulating water at the agency. “Today’s Step 1 action fulfills a key promise of President Trump and sets the stage for Step 2 – a new WOTUS definition that will provide greater regulatory certainty for farmers, landowners, home builders, and developers nationwide,” Wheeler said in a statement.

Environmental Project

EPA administrator retracts sodium cyanide decision

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On Thursday, EPA administrator Andrew Wheeler withdrew the agency’s interim decision to allow the continued use of sodium cyanide, a pesticide that’s used to make lethal M-44 devices used in predator control. The agency released its interim decision re-authorizing use of the sodium cyanide under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) in June, after a period of public comment. The EPA received some 20,000 comments by March 2019, the “overwhelming majority” of which “did not support the continued registration of sodium cyanide,” the agency said. 

“This issue warrants further analysis and additional discussions by EPA with the registrants of this predacide,” Wheeler said in a statement. “I look forward to continuing this dialogue to ensure U.S. livestock remain well-protected from dangerous predators while simultaneously minimizing off-target impacts on both humans and non-predatory animals.”

RELATED: EPA issues interim decision on sodium cyanide bombs amid public outcry

M-44s, also called sodium cyanide bombs, are used by the U.S. Department of Agriculture’s Wildlife Services to kill predators that threaten livestock. Sodium cyanide is a restricted-use pesticide, meaning that entities need to be registered to use M-44 devices.

Dona Ana County

Doña Ana County Commissioners retreat on sodium cyanide bomb amendment

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Doña Ana County commissioners gave a federal agency the green light to use lethal sodium cyanide bombs to combat livestock predation. County commissioners voted 3-2 Tuesday to approve an amended contract with the federal Wildlife Services agency to continue use of the devices, despite an outpouring of opposition from local environmentalists. “It’s pretty shocking,” said Amanda Munro, communications director for the Southwest Environmental Center and a resident of Las Cruces. “I’m very disappointed in the commissioners who voted to instate this next amendment.”

Southwest Environmental Center and other groups have been fighting the use of sodium cyanide bombs, also called M-44s, in Doña Ana county. Environmentalists have argued that the devices are inhumane and that the use of lethal measures to combat predation are based on outdated science.

Environmental Project

EPA issues interim decision on sodium cyanide bombs amid public outcry

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The EPA will allow a controversial federal agency to continue using lethal sodium cyanide bombs to kill predators that threaten livestock. The EPA issued an interim decision re-authorizing use of the sodium cyanide bombs under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) in June. UPDATE: EPA Administrator retracts sodium cyanide decision

This story continues as originally written below. Wildlife Services, a secretive agency within the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS), uses the devices for what it refers to as wildlife damage management services. Wildlife Services contracts with local government to provide services aimed at reducing livestock losses by killing local predators.