New Mexico enters 2026 with notable changes across several environmental programs, including proposed fee increases, updated air and water requirements, and progress toward state‑run permitting authority. These shifts, combined with federal regulatory adjustments, create a dynamic compliance environment. Staying aware of these changes will be important for maintaining compliance.
Regulatory Hot Topics
Proposed Changes to NMED Air Permitting Fees
The New Mexico Environment Department (NMED) has proposed a major overhaul of its air‑permitting fee regulations and has petitioned the Environmental Improvement Board (EIB) to repeal and replace both the Construction Permit Fees rule (20.2.75 NMAC) and the Title V Operating Permit Emissions Fees rule (20.2.71 NMAC). The proposed changes include:
- Modeling review increasing from 15 fee points to 30 fee points.
- Notices of Intent (NOI) applications will now cost 10 fee points. NOIs will also have an annual $700 fee.
- GCP-O&G will increase from 10 fee points to 30 fee points (all non-O&G GCPs will remain at 10 points).
- The following language was added: “C. The department may, at its discretion, assess additional points and fees each time the department is required to repeat an action listed in Subsection A of this Section because the applicant updated the application after submission.”
- Title V fee pollutant increasing from $20 to $85 per ton for criteria pollutants and from $165 to $258 per ton for hazardous air pollutants.
The EIB is holding a hybrid public hearing on March 23, 2026, at 9:00AM.
Ozone Precursor Rule Compliance Deadlines Arriving in 2026
New Mexico’s Ozone Precursor Rule (20.2.50 NMAC) continues its phased compliance rollout. By January 1, 2026, operators must ensure that 65% of existing turbines meet applicable emission standards and that all existing wellhead‑only facilities undergo annual inspections. Additional requirements follow in 2027, including achieving 65% compliance for engines and storage vessels, as well as meeting new percentages for non‑emitting pneumatic controllers at well sites, tank batteries, and transmission or processing facilities. These escalating obligations require early planning, fleet‑wide inventorying, and proactive equipment upgrades to stay ahead of requirements.
Stormwater: New MSGP Expected in 2026
The U.S. EPA is the current National Pollutant Discharge Elimination System (NPDES) permitting authority for New Mexico, but the state is moving toward assuming primacy under the 2025 New Mexico Pollutant Discharge Elimination System Act. The 2021 MSGP expires in February 2026, and EPA intends to issue the updated MSGP before that date. The 2026 Multi-Sector General Permit (MSGP) brings several important changes:
- A new Additional Implementation Measures (AIM) structure replaces the annual report with event‑triggered reporting.
- Benchmark monitoring requirements expand for certain sectors, replacing indicator‑only monitoring.
- PFAS monitoring becomes mandatory for applicable sectors using EPA Method 1633.
These updates will significantly change how facilities plan sampling, corrective actions, and long‑term stormwater control strategies.
PFAS Regulation Expanding in New Mexico
New Mexico continues to add PFAS‑related requirements across multiple programs. Under House Bill 140 (2025), discarded aqueous film‑forming foam (AFFF) containing PFAS is now classified as a hazardous waste. Disposal requires a hazardous waste permit, shipments must include manifests, spills must be reported within 24 hours, and releases not immediately contained may trigger corrective action. A rulemaking hearing is expected in spring or early summer 2026. House Bill 212 (2025) also establishes a gradual ban on the sale of products containing intentionally added PFAS, with complete prohibition by 2032.
NMPDES Program Development Under Senate Bill 21
Senate Bill 21 (2025) amended the Water Quality Act to enable New Mexico to implement its own surface water permitting program. The state is currently developing two parallel rule packages: updates to 20.6.2 NMAC (Ground and Surface Water Protection) and the creation of 20.6.5 NMAC (New Mexico Pollutant Discharge Elimination System). The proposed rules incorporate federal requirements and outline exemptions, domestic/industrial permit types, application processes, and general permit categories. A rulemaking hearing is anticipated in spring or summer 2026. If adopted, these rules would restructure surface water permitting in the state and establish a major shift away from federal implementation under EPA.
Local Wastewater and Pretreatment Changes in Albuquerque/Bernalillo County
The Albuquerque Bernalillo County Water Utility Authority issued its renewed NPDES permit in December 2025, effective February 1, 2026. Updated local limits are expected with new pollutants of concern -including TDS, chlorides, sulfates, total phosphorus and nitrogen, iron, and PFAS, anticipated to become part of the local pretreatment landscape.
Oil Conservation Division (OCD) Requirements and Trends
OCD’s 2026 priorities include continued implementation of the methane waste rule, meeting the February 28 certification deadline, and addressing rising concerns about sour gas in the Permian Basin. Facilities with gas streams above 100 ppm H2S should assess whether their volumes trigger contingency‑planning requirements. OCD is also advancing Class VI UIC rule development as New Mexico works toward CO2 sequestration primacy. OCD’s operator‑priority request system remains in place to help manage backlogs, though it doesn’t apply to major approvals such as UIC or waste‑facility permits.
New Mexico State Land Office (NMSLO) Updates
NMSLO updated its Oil & Gas Manual in 2025 and is now pursuing higher bonding requirements for oil and gas operations on state lands. A revised draft rule is expected in early 2026, with a public meeting scheduled for March and a final rule targeted for May 2026.
New Mexico Reporting Updates and Reminders
Air Emissions Inventory Requirements
New Mexico’s emissions inventory deadlines vary by jurisdiction:
- Bernalillo County (CABQ EHD): March 15
- NMED (statewide except Bernalillo County): April 1
Facilities emitting ≥100 tpy of criteria pollutants or ≥5 tpy of lead must report annually, and minor sources statewide will begin mandatory reporting in 2027. Facilities should begin collecting data early to avoid last‑minute data gaps.
Tier II Chemical Inventory Reporting (March 1)
New Mexico is a single‑point submission state, meaning Tier II reports must be filed with the Department of Homeland Security and Emergency Management (NMDHSEM), with no requirement to submit to local fire departments or LEPCs. All Tier II reports must be created in EPA’s newest version of the Tier2 Submit software, available for download from EPA’s Tier2 Submit Software webpage. Updates to OSHA’s Hazard Communication Standard have expanded hazard categories from 24 to 114, effective for the 2026 inventory year. Facilities should ensure SDSs have been updated, as outdated documents make hazard classification difficult.
Hazardous Waste Biennial Report (March 1)
Large Quantity Generators (LGQs) must submit biennial hazardous waste reports by March 1, 2026, for 2025 activities. Generators must also have completed their registration with the e‑Manifest system (as required in 2025), which supports improved oversight and data reliability.
Refrigerant Management and Chronic Leaker Report (March 1)
By March 1 each year, facilities must submit chronic leaker reports for regulated appliances containing at least 50 lbs of Class I or II ODS if leaks exceed 125% of full charge. Beginning in 2027, similar chronic leak reporting will apply to HFCs and substitutes with global warming potential above 53, for leaks occurring in 2026.
TRI Reporting (July 1)
Facilities in covered NAICS sectors must complete threshold analyses and submit their annual Toxics Release Inventory (TRI) reports by July 1.
Federal Updates
EPA Enforcement Shifting Toward Reduced Activity
Federal enforcement continues to decline sharply under current policy direction. The EPA is focusing only on acute human‑health threats and key issues such as illegal HFC handling. Methane enforcement has been deprioritized, and environmental justice is no longer a factor in enforcement decisions. The number of compliance advisories dropped to just one in 2025, reflecting the lowest enforcement activity in modern EPA history.
Federal Deregulatory Efforts Intensify
EPA has initiated more than 30 deregulatory actions impacting oil and gas standards, electric power rules, wastewater effluent guidelines, and GHG reporting programs. Several methane rule compliance dates, originally set under NSPS OOOOb and OOOOc, have already been delayed until 2027 or later.
Regional Haze Program Under Major Restructuring
EPA is revisiting its Regional Haze framework following public comments and litigation across several states. The agency has already reversed prior disapprovals and is expected to act on remaining SIPs during 2026. The new stance presumes reasonable progress if visibility data fall below the “glidepath,” potentially easing requirements for some sources.
PM2.5 Standard in Flux
The EPA has signaled its intent to rescind the 2024 lowering of the annual PM2.5 NAAQS from 12 to 9 µg/m³, though the 9 µg/m³ standard remains in effect while the agency completes rulemaking. New modeling constraints and pending nonattainment designations will continue impacting permitting until EPA finalizes changes.
GHG Reporting and the Endangerment Finding Under Review
The federal GHG Reporting Program may be significantly scaled back. A 2025 proposal would eliminate reporting for nearly all source categories after reporting year 2024 and suspend Subpart W reporting until 2034. Additionally, EPA announced on February 12, 2026, a final rule that rescinds the 2009 GHG Endangerment Finding, a move that fundamentally affects greenhouse gas regulation nationwide. Litigation is virtually guaranteed on this action.
PFAS Oversight Continues to Expand
While many federal programs face rollback, PFAS or “forever chemicals” regulation remains an area of ongoing development. TRI reporting thresholds now cover more than 200 PFAS, CERCLA continues to classify PFOA and PFOS as hazardous substances, and stormwater and wastewater programs are incorporating new PFAS monitoring requirements. Drinking water rules have narrowed their scope but extended compliance timelines, reducing immediate burdens while maintaining long‑term expectations.
HFC Management Rule Now in Effect
Under 40 CFR Part 84, hydrofluorocarbons (HFCs) and refrigerant substitutes with global warming potential above 53 are now regulated with a January 1, 2026, effective date for most requirements. The rule is similar to the requirements for ODS appliances under 40 CFR Part 82, Subpart F, with some differences, including a lower capacity threshold of 15 pounds for leak repair requirements. For more information on refrigerant management, see our Refrigerant Management Services (ODS and HFC) webpage
Key Takeaways
New Mexico’s 2026 regulatory landscape includes several important state‑level developments, with proposed increases to air‑permitting fees, new ozone‑precursor requirements, expanded PFAS oversight, and ongoing progress toward a state‑run NPDES program. Facilities should be ready for evolving compliance expectations and more extensive monitoring and reporting, particularly under updates to stormwater and wastewater programs. At the federal level, broad deregulatory actions and reduced enforcement activity add uncertainty, making strong documentation, early planning, and adaptable compliance strategies essential throughout the year.
Resources
- To stay current on our New Mexico reporting requirements, download a copy of the New Mexico annual reporting compliance calendar.
- For a copy of our slide deck from our recent presentation on 2026 Annual Compliance Reporting and Hot Topics in New Mexico reach out to Zoe Stone.
- For support with your upcoming reporting requirements or questions on regulatory changes in New Mexico, reach out to Adam Erenstein with our Albuquerque office, or call 505.266.6611.
