Aug. 10—An advocacy group for the state's fossil fuel industry has filed an appeal challenging a newly enacted rule aimed at cutting oil field pollutants that cause toxic ozone.
The Independent Petroleum Association of New Mexico is appealing the ozone precursor rule, which regulators say will reduce nitrogen oxides and volatile organic compounds that form ground-level ozone.
This type of ozone can impair breathing and, at high enough doses, damage the heart and lungs.
In April, the state Environmental Improvement Board adopted the rule to cover eight counties where the pollutants had reached at least 95 percent of the federal ambient air quality standard.
They are Chaves, Doña Ana, Eddy, Lea, Rio Arriba, Sandoval, San Juan and Valencia counties.
The Independent Petroleum Association filed the legal challenge with the state Court of Appeals on Aug. 5, the day the rule went into effect.
In a statement, Jim Winchester, the association's executive director, said his group backs "fair and balanced" ozone regulation, but contends this rule is too burdensome for New Mexico operators.
"At a time when the public supports responsible domestic production to reduce gasoline prices and a decrease in our dependency on foreign sources of energy that are unquestionably worse for the environment, IPANM strongly feels this is the wrong rule at the wrong time," Winchester said.
The group feels compelled to appeal this version of the rule, he said, which will require operators to plug still-productive wells and "inflict economic hardship on New Mexicans with little to no gain for the environment."
The group will submit technical arguments in the coming month that will identify the specific provisions in the rule to be challenged, Winchester said. The objections are based on concerns the group raised during the three years the state was drafting the rule — concerns that weren't included in the final version presented to the board, he added.
In an email, Winchester said he couldn't further discuss the case because of legal considerations while the technical arguments are being crafted.
A common complaint industry representatives raised during hearings was yearly inspections being required on the lowest-emitting wells, rather than a one-time check. Environmentalists argued even marginal wells should be inspected regularly to ensure they don't become worse polluters.
Many in the industry also opposed a provision to conduct quarterly inspections on wells within 1,000 feet of homes, schools and businesses.