New Mexico joined Tuesday a coalition of 16 states, the City of New York and the District of Columbia that are asking a federal court to stop the U.S. Environmental Protection Agency’s new clean water rule from going into effect while it awaits a decision in an earlier lawsuit against the rule.
Attorney General Hector Balderas joined the coalition in filing a lawsuit May 1 against the Trump Administration in the federal Northern California District Court over the EPA’s recently finalized changes to the “Waters of the U.S.” definitions in the Clean Water Act regulations.
The definition greatly narrows the types of waterways, streams and wetlands that are afforded federal protection under the act. The New Mexico Environment Department estimates the new rule would remove protections for 89 percent of the state’s streams and half of its wetlands. RELATED: Ranchers, conservation groups unhappy with the new clean water rule, but for different reasons
The rule is slated to take effect in June, spurring the multistate coalition to ask for a preliminary injunction that asks that the rule be enjoined until the court makes a decision on the coalition’s lawsuit “in order to prevent widespread harm to national water quality and to avoid disruption to state and local water pollution control programs,” according to a statement issued by the AG’s office.
In a separate statement, New Mexico Environment Department Secretary James Kenney said NMED will do “whatever it takes to prevail in protecting our most precious resource.”
“We will not allow a rule to take effect this summer that will devastate New Mexico’s scarce and limited water resources,” Kenney said. NMED submitted comments on the rule in April, arguing that the new rule is “not based on hydrologic science” and “does not account for the impacts of climate change on the hydrologic cycle,” and said the new rule is not protective of public health or the environment.
CARLSBAD — In the Permian Basin, now the most prolific oil field in the world, hundreds of miles of plastic pipelines snake along dirt roads, drilling pads and the edges of farm fields. But they are not carrying oil. Instead, they’re transporting an equally precious commodity in this arid region straddling the New Mexico-Texas border: water.
“Pipelines are going in everywhere,” said Jim Davis as he drove a camouflage-hued, four-wheeled ATV across his land toward the water station he owns. Selling the water beneath his property to oil and gas companies has given Davis and his wife, who has cancer, a financial security that eluded them for most of their lives. Every day, a steady stream of water trucks flows in and out of his station south of Carlsbad, filling up on his high-quality freshwater — an essential ingredient for hydraulic fracturing, or fracking for short.
Davis, whose property has been in his family since 1953, says he’s never seen so much water moving around the basin.
The New Mexico Environment Department (NMED) announced more possible emission violations produced by oil and gas operations around the state. The department said it acquired video footage collected by citizens using forward-looking infrared (FLIR) cameras documenting methane and other air contaminants. NMED believes the emissions depicted in the video footage are “potential violations of existing state permits or regulations,” the department said in a statement. RELATED: NMED issues first round of violation notices for methane emissions in Permian Basin
NMED is sending written notices to oil and gas operators about the emissions. Oil and gas producers will have 14 days to correct the issues.
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.
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.
The EPA’s newly proposed methane regulation revisions drew criticism from oil and gas companies and environmentalists alike and spurred some groups in New Mexico to redouble efforts to pressure state officials adopt more stringent rules for methane emissions in the state. Last week, EPA Administrator Andrew Wheeler proposed updates to federal air quality regulations for the oil and gas industry that would remove limits on methane emissions from production and processing operations and would remove regulations all together for methane emissions coming from transmission and storage sources of oil and gas production. 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.”
“EPA’s proposal delivers on President Trump’s executive order and removes unnecessary and duplicative regulatory burdens from the oil and gas industry,” Wheeler said in a statement. “Since 1990, natural gas production in the United States has almost doubled while methane emissions across the natural gas industry have fallen by nearly 15%. Our regulations should not stifle this innovation and progress.”
U.S. Sen. Tom Udall described the proposed changes as a “backwards move in face of climate crisis,” in a statement released last week.
“EPA’s decision today is an affront to New Mexicans and people across this country who have a right to clean air.
In the years between 1956 and 1972, thousands of kilograms of chemical called hexavalent chromium was released into a canyon near Los Alamos. Some of the contaminant filtered through the soils of the area and was consequently converted to trivalent chromium, a far less dangerous iteration of the chemical. But at least 2,000 kg of hexavalent chromium has remained in the environment, moving through the canyonlands that surround Los Alamos for decades. Today, the contamination is settled atop an aquifer in a plume, and the chemical is now present within the first 100 feet of the water table in the area of the plume. The Department of Energy (DOE) and the New Mexico Environment Department (NMED) have been working to contain the plume since 2005, while officials decide on how best to clean up the contamination.
Governor Michelle Lujan Grisham criticized the EPA for its refusal to join the state’s lawsuit against the Air Force for PFAS contamination at two bases in the state. PFAS, or per- and poly-fluoroalkyl substances, are toxic, human-manufactured chemicals that move through groundwater and biological systems. Human exposure to PFAS increases the risk of testicular, kidney and thyroid cancers as well as other severe illnesses. The chemicals were used in firefighting foam in military bases across the country, including at Cannon and Holloman Air Force Bases, until 2016. The New Mexico Environment Department (NMED) found “significant amounts of PFAS” in the groundwater, under both bases. The Air Force has since discontinued the use of the chemicals.
The EPA has added a New Mexico uranium mining basin to a list of sites “targeted for immediate, intense action.” The agency added the San Mateo Creek Basin site, part of the Grants Mining District, to the Administrator’s “Superfund Emphasis List” in mid-July, though the area is not a Superfund site. The agency said sites selected for the Administrator’s Superfund Emphasis List are those that “can benefit from Administrator Wheeler’s direct engagement and have identifiable actions to protect human health and the environment,” and require “timely resolution of specific issues to expedite cleanup and redevelopment efforts.”
The San Mateo Creek Basin stretches across 300 square miles of land within the Rio San Jose drainage basin, across McKinley and Cibola counties in Northwestern New Mexico. The area is known for its uranium production during the Cold War. Uranium mining in the area halted in the mid-1980s, leaving a legacy of waste and environmental impacts that the nearby communities continue to struggle with over thirty years later. Today, there are 85 legacy uranium mines and 4 legacy uranium mill sites within the San Mateo Creek Basin.
About 150 people gathered in an Expo New Mexico building in Albuquerque on Wednesday to hear about rules for manufacturing, storing and extracting hemp products that go into effect next week.
The meeting was the third, and final, part of a series of meetings the New Mexico Environment Department held over two weeks.
Unlike most public meetings held by state departments on proposed rules or rule changes, the public was not given a chance to give input or suggest changes. Instead it was purely informational.
“This meeting is for us to explain what the rules will be for the next six months in the state of New Mexico,” Hemp Program Manager Johnathan Gerhardt told the crowd.
That’s because there’s hemp almost ready to be harvested in the state before rules to outline permit requirements or guidelines on how to label, transport or store it exist. So the department implemented emergency rules and invited stakeholders to come and ask questions. The informational meeting blitz began on July 16 and the emergency rules official go into effect on Aug. 1.
Environmental Health Bureau Chief Bill Chavez told NM Political Report the department didn’t have enough time to go through a traditional rulemaking process after the legislature passed and the governor signed an industrial hemp bill.
“We found out after the bill was signed that there was already growing of hemp occuring and it was going to be ready to be harvested and manufactured into products as early as August or September,” Chavez said.
Everyone in the crowd stuck to the ground rules and only asked questions instead of issuing speeches to make their point.
Smaller farmers have concerns
But not everyone could attend.
Hemp farmer Bob Boylan, whose farm is about 30 miles east of Albuquerque, said he was too busy tending his crops to attend the meeting.