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07 December 2024

New Mexico Imposes Historic Fine For Air Pollution Violations

State regulators target Targa Resources for $47.8 million following serious excess emissions at facility

SANTA FE — New Mexico environmental regulators made headlines recently by issuing a staggering $47.8 million fine against Targa Resources, following allegations of extensive air pollution emanated from its natural gas processing facility located near Jal, within the southeastern region of the state. This sanction is one of the highest ever imposed on the oil and gas sector, underscoring the state's stringent commitment to environmental protection, particularly against companies deemed to have violated permits significantly.

The New Mexico Environment Department (NMED) officially categorized this action on Friday, identifying the facility’s operation as producing emissions far beyond the legally established limits. Key concerns focused on pollutants recognized for their negative health impacts, including respiratory complications, and their contribution to climate change, with ozone-producing gases highlighted as significant offenders.

Specifically, the state found Targa Resources lacking compliance on several fronts: excess emissions, late reporting, and failing to provide adequate investigative analyses to address the reported violations. These infractions collectively urged NMED's decisive move to include not just financial penalties but also mandated operational changes.

NMED's enforcement order came with strict directives. Targa was instructed to immediately halt all excess emissions from the Red Hills Gas Processing Plant and tackle 16 projects aimed at enhancing the facility's operations, with estimated costs for these improvements reaching approximately $140 million. Environment regulators asserted their authority over Targa's operations, referencing the legal expectations set forth when the company obtained its permits — termed as legally binding agreements to safeguard public health and environmental integrity.

According to NMED General Counsel Zachary Ogaz, "When the New Mexico Environment Department issues you a permit, it is a legally binding agreement to protect the health of New Mexicans. If you violate your permit by failing to effectively invest in compliance, we will hold you accountable." The serious nature of the violations included the emission of near 2 million additional pounds of regulated air pollutants, including common yet harmful substances: carbon monoxide, nitrogen oxides, sulfur dioxide, volatile organic compounds, and hydrogen sulfide.

These pollutants pose serious risks to human health. For example, nitrogen oxides and volatile organic compounds can react to create ozone, often referred to as smog—something many might associate with urban areas but troublingly prevalent also near industrial sites. Elevated ozone levels can lead to significant respiratory issues, including worsening chronic conditions like asthma and bronchitis. Hydrogen sulfide, infamously known as “swamp gas,” often leads to more immediate and acute health issues ranging from dizziness to severe respiratory distress.

NMED has been particularly vigilant as air quality monitors recorded ozone concentrations surpassing 95% of the federal standard during the timeframe of Targa's alleged violations. This necessitated action per state law to mitigate ozone pollution's impacts on public health.

What's more, alongside the pollutants already mentioned, there was also concern surrounding methane emissions from the facility. Methane is notorious within environmental discussions, noted for being drastically more potent than carbon dioxide when measuring its impact on global warming—84 times more potent over shorter time frames. Estimates from NMED indicated the Red Hills Gas Processing Plant released around 7 million pounds of methane emissions.

Targa Resources, which happens to be listed among Fortune 500 companies with substantial revenue streams, has made strides recently, reporting adjusted earnings exceeding $1 billion as of Q3 2024. Despite this financial standing, the company faces severe scrutiny so far as environmental responsibility is concerned.

Diving slightly more richly informational waters, Targa asserted it is currently engaged with NMED on the allegations. Recent disclosures to the Securities and Exchange Commission articulated their management's stance, mentioning, "Although this matter is continuing, we do not expect any expenditures related to this matter to materially affect our consolidated financial statements."

This recent enforcement action is part of broader sentiments within New Mexico’s regulatory climate. More patently, the state is increasing its efforts to address environmental compliance, especially with the ever-growing oil and gas industry following exploration booms, primarily due to increases related to fracking technologies and exploration within the Permian Basin.

Record penalties have recently surfaced targeting various operators: Hilcorp Energy Company was fined $9.4 million for failing to minimize emissions during core operations; Ameredev II LLC faced $24.5 million penalties for state air regulations violations—the latter marking the highest penalty ever collected against any oil and gas company by NMED.

NMED's investigations haven’t merely remained administrative; referrals to federal and state agencies for potential civil and criminal violations have also become part of this enforcement narrative, showcasing New Mexico's commitment to bridging the gap between economic activities and environmental responsibilities.

While supporters advocate for the economic uplift these industries supply, increased awareness about environmental sustainability sparks concern among citizens and officials alike. Many argue effective ecological policies are not just requisite for public health, but also for the longevity of natural resources on which industries rely.

Despite the blowback Targa currently faces, operators training and preparing to comply with environmental regulations may actually seize the moment as opportunities to improve infrastructure—focusing on compliance may offer operational efficiencies rather than only continuing down paths fraught with environmental pitfalls.

New Mexico’s steady commitment to environmental due diligence signals to the oil and gas industry, larger corporations, and smaller operators alike—noncompliance will not be tolerated. The direction of this regulatory climate potentially influences long-term scenarios within the industry, prompting shifts and adaptations as natural gas processing continues within active regions.