Excess Emissions Rulemaking

Excess Emissions Rulemaking

Louis Rose represented the New Mexico Oil and Gas Association in proceedings before the New Mexico Environmental Improvement Board to revise the rules governing excess emissions reporting and corrective actions under the Air Quality Control Act.  The rule governs a company’s obligation to report and correct excess emissions at regulated facilities.  Mr. Rose worked with a NMOGA subcommittee and other affected industries in negotiating rule changes that conformed New Mexico’s rules to federal EPA requirements, created a new affirmative defense for emergency events and limited the extent to which the rule created more stringent requirements than the federal guidance, including significantly limiting the reach of the required root cause analysis.  The final rule was approved by the Board as a consensus rule and lauded by EPA Region 6.