New Mexico Ozone Precursor Rule Overview
The New Mexico Ozone Precursor Rule (NMOPR), codified under 20.2.50 NMAC, establishes emission standards and operational requirements for volatile organic compounds (VOC) and nitrogen oxides (NOx) for facilities in the oil and gas sector. The goal of this rule is to reduce emissions of ozone precursors to help New Mexico maintain compliance with federal ozone air quality standards. With certain exemptions, owners and operators of affected facilities are required to satisfy emission control, monitoring and inspection, and recordkeeping requirements.
The rule applies to facilities located in counties designated as being at or above 95% of the National Ambient Air Quality Standard (NAAQS) for ozone. As a result, facilities operating in the following counties must comply with the requirements of 20.2.50 NMAC:
- Chaves County
- Dona Ana County
- Eddy County
- Lea County
- Rio Arriba County
- Sandoval County
- San Juan County
- Valencia County
Compliance with the NMOPR is phased in through a series of milestone deadlines. The next major compliance date for existing sources is January 1, 2027, when additional requirements become effective for engines, pneumatic controllers and pumps, and storage vessels.
Deadlines for Engines
An additional 35% of existing natural gas-fired spark ignition engines that were constructed or reconstructed before August 5, 2022, must comply with the emission standards in Table 1 of 20.2.50.113 NMAC by January 1, 2027.
Facilities have several potential pathways to achieve compliance depending on site-specific circumstances, operational needs, and technical constraints. Trinity can assist operators with evaluating compliance options, developing implementation strategies, assessing emissions impacts, and preparing any required regulatory submittals to support compliance with the 2027 deadline.
Deadlines for Pneumatic Pumps and Controllers
The NMOPR requires owners and operators to progressively replace natural gas-driven pneumatic controllers and pumps with non-emitting ones. By January 1, 2027, well sites, tank batteries, gathering and boosting stations are required to have a certain percentage of non-emitting controllers based on the total historic inventory and percentage of non-emitting controllers. Additionally, 95% of controllers located at transmission compressor stations and gas processing plants must be non-emitting. To demonstrate compliance, owners and operators are required to evaluate their controller inventory and document the percentage of non-emitting controllers in service at each facility.
Recognizing that retrofits may present technical or economic challenges, the rule provides an alternative compliance pathway. Owners and operators may submit a cost analysis for retrofitting the remaining if they determine that replacing the remaining controllers is not cost effective. This can be submitted to the New Mexico Environment Department (NMED) for review. Based on the information provided, NMED may grant a waiver to allow facilities to remain in compliance while addressing operational and economic constraints.
Deadlines for Storage Vessels
An additional 35% of a company’s existing storage vessels constructed or reconstructed before August 5, 2022, that emit more than three tons per year of VOCs in multi-tank batteries or more than four tons per year of VOCs in single-tank batteries must be controlled. Affected storage vessels must achieve a minimum combined capture and control efficiency of 95%, which may be accomplished through approved control technologies such as vapor recovery units (VRUs), flares, or vapor combustion units (VCUs).
When a combustion device such as a flare or VCU is used, the device must be designed to achieve a minimum destruction and removal efficiency (DRE) of 98%. Owners and operators should evaluate their storage vessel emissions and operational practices to ensure affected vessels are in compliance with required control requirements and performance standards before the January 1, 2027 deadline.
Conclusion
Owners and operators with existing oil and gas facilities within the specified counties must keep up with ongoing compliance with the New Mexico Ozone Precursor Rule. This will include conducting required inspections, maintaining records, submitting applicable reports, and implementing emission control measures to ensure continued adherence to state regulatory requirements. Compliance with the NMOPR changes over time and as such, owners and operators are highly encouraged to stay informed of updates to the rule and upcoming deadlines to assess whether modifications to existing facilities are necessary.
Because compliance obligations are phased in over multiple years, advanced planning is necessary to avoid project delays and potential enforcement concerns. Facilities may need to allocate time and resources for equipment inventories, emissions evaluations, engineering assessments, procurement of control devices, and coordination with regulatory agencies. Early evaluation of future compliance requirements can help owners and operators implement cost-effective solutions and maintain uninterrupted operations.
With the January 1, 2027, compliance deadline approaching, owners and operators should begin evaluating affected equipment, emission controls, recordkeeping and monitoring requirements now. Early planning can minimize implementation challenges and help avoid compliance risks. For questions and concerns with ongoing compliance with the NMOPR, please contact the Trinity Consultants Albuquerque office at 505.266.6611 or email Adam Erenstein.
