The rules in question increase leak detection, reporting and repair requirement on oil and gas production in New Mexico counties reported to have ground-level ozone levels exceeding 95 percent of the National Ambient Air Quality Standard (NAAQS) of 70 parts per billion (ppb).
Ozone is formed by air pollutants known as volatile organic compounds (VOCs), from oil and gas operations or other sources like vehicle tailpipes, interact with sunlight, and it can cause cancers and other respiratory illness through long-term exposure.
In its lawsuit filed Aug. 5, the Association said the rules, devised by the New Mexico Environment Department (NMED) and set as policy by the Environmental Improvement Board (EIB) by vote, unfairly imposed the rules on two counties: Chaves and Rio Arriba which the suit argued do not meet the 95 percent threshold of the NAAQS.
Chaves and Rio Arriba, while not exceeding the threshold, are adjacent to counties in the southeast and northwest, respectively, that do exceed the NAAQS and are known for heavy oil and gas development in the Permian and San Juan basins.
Jon Goldstein, director of regulatory and legislative affairs with the Environmental Defense Fund, also listed as an intervenor in the case, said air quality requirements should be tougher for operations closer to residential communities to protect public safety.
In a statement issued when the appeal was filed, IPANM President Jim Winchester said the rules would impede oil and gas operations and thus the economy of New Mexico while having little effect, he said, on pollution.
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