The New Mexico Environment Department’s (NMED) Air Quality Bureau will host a hearing on Monday about proposed changes to construction permits for oil and gas facilities. The process kicked off in the summer of 2016, and the public comment period closed at the end of January. According to the department, the general construction permit codifies air protection rules for industry to “streamline the application process and to provide consistency in the oversight process.”
The issue is the latest in a line of moves that environmental groups say reverse protections for people and natural resources. Jon Goldstein, director of regulatory and legislative affairs with the Environmental Defense Fund, said that if finalized, the changes would make New Mexico’s new oil and gas construction permits among the weakest in the United States. “This is especially egregious when you consider the methane hotspot in the San Juan Basin and the importance of that issue in New Mexico,” Goldstein said.
This week, the U.S. Environmental Protection Agency announced that along with the U.S. Army Corps of Engineers, finalized the “Waters of the United States” applicability date. Last March, President Donald Trump directed the agencies to review the “Clean Water Rule” also known as the Waters of the U.S. Rule, which was finalized in 2015 as a way to clarify confusion over parts of the Clean Water Act. The rule applies to navigable waterways and their tributaries. Under the rule, a tributary doesn’t need to be a continuously flowing body of water. But it must have flowing water—marked by a bed, bank and high water mark—to warrant protection.
In recent years, spills of crude oil, natural gas and drilling wastewater have increased even more rapidly than production has grown. Yet the state of New Mexico doesn’t fine or sanction oil and gas companies that pollute water. A bill before the state legislature seeks to change that. If passed, the bill wouldn’t create new rules or regulations. Instead, it would allow the state’s Oil Conservation Division (OCD) to impose penalties on polluting companies.
Friday, we reported officials with the Village of Santa Clara were breathing a sigh of relief after the state deposited grant money into its bank account. That deposit occurred about a week after the New Mexico Environment Department said it would no longer accept invoices or reimbursement requests for a grant the village used to build a park. Santa Clara had received a grant under the state’s Recycling and Illegal Dumping Fund (RAID) program. The total reimbursement from NMED was $231,000, more than a third of the village’s annual budget. While NMED still hadn’t explained the letter to the press or officials, in a Silver City Daily Press story Sen. Howie Morales, D-Silver City, is quoted saying NMED pulled the grant funding because of cuts in SB 113.