In this Issue...

Environment Department Reaches $5.1 Million Settlement with Marathon Oil over Alleged Air Emission Violation

Environment Department Reaches $34.9 Million Settlement with Targa Midstream and Versado Gas Processors for Air Quality Violations in Southeastern N.M.

Santa Fe Area Water Test Results Final, Showing Range of Water Quality

Environment Department Continues Cleanup of Contaminated Plume at Former Dry Cleaning Business Site in Roswell

NMED Files Motion for Summary Judgment Pursuing Cleanup of Former Circuit Board Manufacturing Site in Albuquerque

NMED Offers Workshop in Los Lunas to Help Stop Illegal Tire Dumping

State Receives $3.6 Million for Pollution Cleanups

Environment Department Issues Findings of Comprehensive Assessment of Watersheds in Pajarito Plateau in Northern New Mexico

NMED Completes Program to Improve Reduce Children’s Exposure to School Bus Diesel Exhaust Fumes in Farmington School District

Environment Department Offers Free Tests for Detection of Deadly Radon Gas

Environment Department Reaches $5.1 Million Settlement with
Marathon Oil over Alleged Air Emission Violations

The New Mexico Environment Department reached a settlement with Marathon Oil Corp. for $5.1 million in environmental projects and penalties to resolve alleged air quality violations at the company’s Indian Basin Gas Plant near Carlsbad.

The consent decree with the Houston, Texas-based company includes supplemental environmental projects totaling $4.5 million: a $750,000 payment for Algae to Biofuels project in Carlsbad and a $3.75 million payment for the construction and maintenance of new pollution controls at the plant. In addition, Marathon will pay the state a civil penalty of $610,560. Marathon will also install a new smokeless flare at the gas plant as part of the decree.

The settlement stems from a complaint the department filed a in the First Judicial District Court in December 2008 in Santa Fe against Marathon alleging violations of the New Mexico Air Quality Act and Air Quality Regulations. The complaint, which included more than 4,000 air quality violations, included exceeding maximum allowable emission rates for sulfur dioxide, failing to monitor SO2 emissions, failing to properly calibrate and adjust the SO2 emission monitoring system, failure to comply with emission control requirements for tanks used to store volatile organic liquids, and failure to comply with various recordkeeping and reporting requirements.

Environment Department Reaches $34.9 Million Settlement with Targa Midstream and
Versado Gas Processors for Air Quality Violations in Southeastern N.M.

The New Mexico Environment Department reached a $34.9 million settlement agreement with Targa Midstream Services and Versado Gas Processors for numerous air quality violations at three of the companies’ natural gas plants in southeastern New Mexico.

The settlement addresses longstanding violations of air pollution laws at the companies’ Eunice, Monument and Saunders plants, which were formerly owned by Dynegy. The violations included combustion of more than 13,000 tons of pollutants in excess of permit limits over a multi-year period.

The settlement, which includes a $1.495 million cash penalty and $33.5 million for upgrades of pollution control technology at the three plants, requires the reduction of air pollutants, including carbon dioxide, sulfur dioxide, nitrous oxides, carbon monoxide, volatile organic compounds, particulate matter, and hydrogen sulfide gas. The cash penalty will be deposited into the state’s general fund.

The settlement requires Targa and Versado to install acid gas injection wells at the Eunice and Monument plants.

Santa Fe Area Water Test Results Final, Showing Range of Water Quality

The New Mexico Environment Department, Los Alamos National Laboratory, Sandia National Laboratories, the City of Santa Fe, Santa Fe County, and the Good Water Co. cooperatively sampled 475 private domestic water wells during the summer of 2009. The samples were analyzed by LANL for 48 parameters including major ions, metals and trace elements. NMED has sent letters to all of the well owners providing their test results and an explanation, if needed, of the potential health hazards and treatment options for any contaminants that were detected at high concentrations. 

The collaborating organizations will use the test results, combined with data from other sources, to characterize and map groundwater quality. This information will be made available to local residents and to governmental decision makers who are concerned with water quality issues. The results of the investigation also will be used to identify areas where the effectiveness of new and innovative treatment technologies in reducing contaminant levels in drinking water can be evaluated. Arsenic, uranium, fluoride, nitrate and/or other contaminants were detected at concentrations of potential concern to human health in 19 percent of the wells tested. Most of the high uranium was detected in the mountain foothills, from Tesuque, Canyon Road, Wilderness Gate, Cañada de Los Alamos, Canoñcito to Glorieta. Arsenic, another naturally occurring contaminant, was detected at high levels in 10 percent of the wells tested. A summary of the well test results can be downloaded from the NMED website at this location http://www.nmenv.state.nm.us/fod/LiquidWaste/documents/SF.Co.09.water.test.results.pdf.

Environment Department Continues Cleanup of Contaminated Plume at
Former Dry Cleaning Business Site in Roswell

The New Mexico Environment Department continues a project to remove and dispose of hazardous waste from a former dry cleaning business site that could be contributing to a release of chlorinated solvents into groundwater in Roswell.

The department’s Ground Water Quality Bureau, which discovered two in-ground concrete tanks at 1400 W. Second St. during routine groundwater sampling, determined that those tanks are probably releasing hazardous waste from the former dry cleaning business site into surrounding soils. The cleanup will be paid for with money from the state’s Hazardous Waste Emergency Fund. NMED will continue to evaluate the site for further action under The Comprehensive Environmental Response, Compensation, and Liability Act, also known as Superfund, or will also pursue corrective action under state Water Quality Control Commission Regulations.

NMED Files Motion for Summary Judgment Pursuing Cleanup of Former
Circuit Board Manufacturing Site in Albuquerque

The New Mexico Environment Department recently filed a motion for summary judgment asking a New York bankruptcy court to rule that the former owner of a circuit board manufacturing facility in Albuquerque is still responsible for the clean up of contaminated groundwater at the company’s site. The motion is asking the court to rule that the cleanup of the site is required regardless of Mark IV Industries’ bankruptcy filing. NMED filed counterclaim with the court last year contending the state will continue to require the former owner of the facility to clean up groundwater that is above state standards for contamination.

NMED Offers Workshop in Los Lunas to Help Stop Illegal Tire Dumping

The New Mexico Environment Department − in its continued effort to stop to illegal tire dumping in New Mexico − held a workshop in Los Lunas to discuss and demonstrate the scrap tire manifest system and the Recycling, Illegal Dumping and Scrap Tire Management Rules. The manifest system, which is part of the rules, helps track scrap tires from the generator, such as a tire dealer, to the final destination, such as a landfill.  

NMED recently met with code enforcement officials from Valencia County, Los Lunas, and Belen about the importance of imparting information about the new system to local scrap tire generators, such as new and used tire dealers, auto repair shops, and automobile dealerships.  A copy of the required manifest is available on the department’s Web site at www.nmenv.state.nm.us/swb .

State Receives $3.6 Million for Pollution Cleanups

The State of New Mexico received $3.6 million in bankruptcy settlements of environmental contamination by Asarco LLC. within the state for sites related to the company’s mining business. The company filed for Chapter 11 bankruptcy protection in the Southern District of Texas in 2005.

The state, through the Office of Natural Resources Trustee, the Environment Department and Energy, Minerals and Natural Resources Department, filed claims for environmental damage done by Asarco within the state. New Mexico’s participation in the bankruptcy was led by attorneys in the office of Attorney General Gary King.

Approximately $1.12 million was awarded to the New Mexico Office of Natural Resources Trustee for settlement of natural resource damage claims at five sites: the Blackhawk Mine in Grant County, the Deming Mill in Luna County, the Magdalena Mine in Socorro County, and the El Paso Metal Site and the Stephenson-Bennett Mine in Dona Ana County. In addition to funds received for restoration of natural resources, $290,000 was received for cleanup of the Blackhawk Mine in Grant County and the Stephenson-Bennett Mine in Doña Ana County. Another $2.19 million has been transferred into a bankruptcy custodial trust for the Magdalena Mine Site, which is located in Hop Canyon west of Socorro and the Deming Mill, which is located in Luna County.

Environment Department Issues Findings of Comprehensive Assessment of Watersheds
in Pajarito Plateau in Northern New Mexico

The New Mexico Environment Department – with significant input from Los Alamos National Laboratory – performed a comprehensive assessment of 78 watersheds in the Pajarito Plateau in Northern New Mexico indicating those waters exceeded state standards for polychlorinated byphenyls, adjusted gross alpha, selenium, aluminum and other metals. The study, which was primarily a storm water study of water samples collected between 2004 and 2008, represents the largest single surface water quality assessment conducted by NMED. The study confirmed findings of a 2006 study conducted by NMED.

The assessment included more than 29,000 data values from 78 stations around the plateau. The study was part of the department’s draft 2010-2012 Integrated List that indicates whether waters are meeting designated uses for New Mexico’s water quality standards. Those uses include domestic and public water supplies, irrigation, aquatic life, wildlife habitat and human health. The study does not focus on the origins of the impairments. 

NMED Completes Program to Improve Reduce Children’s Exposure to
School Bus Diesel Exhaust Fumes in Farmington School District

The state Environment Department − in cooperation with the state Public Education Department and the Farmington Municipal School District − recently completed a project to reduce children’s exposure to diesel exhaust fumes and air pollution from diesel school buses in the Farmington District.

The completion of the New Mexico Clean School Bus Project for the Farmington district used federal funding to retrofit school buses with pollution controls to reduce exhaust emissions by a combined 2.24 tons per year. The program, which will improve air quality, will benefit children riding the buses, school personnel and the local community. 

Environment Department Offers Free Tests for Detection of Deadly Radon Gas

The New Mexico Environment Department urges residents to test their homes and businesses for naturally occurring radon – a radioactive gas that causes about 22,000 lung cancer deaths each year in the U.S.

The department − to assist New Mexico residents in testing their homes − pre-purchased a limited number of test kits and will offer them free to state residents willing to share their test results. Those results will become part of a statewide radon survey. Kits can also be purchased by New Mexico residents at a discounted price of $7 each. Free or purchased kits can be obtained via internet at www.drhomeair.com or by calling 1-800-324-5928 and following the directions for the New Mexico Radon Program. All kits include laboratory analysis and postage. Radon, which filters into homes and other buildings from the soil, causes about seven times the estimated deaths that result from secondhand smoke.

Qualified contractors can fix existing radon problems. Homes can also be built to block the deadly gas. More information on radon is available on the NMED Web page at http://www.nmenv.state.nm.us/nmrcb/home.html or the EPA Web site at http://www.epa.gov/radon.