August 12, 2025 Contact: Jorge Estrada, Public Relations Coordinator New Mexico Environment Department 505.690.5326 | george.estrada@env.nm.gov The Environment Department’s mission is to protect and restore the environment and to foster a healthy and prosperous New Mexico for present and future generations. Enforcement Watch Alert: 137 enforcement actions initiated; 59 enforcement actions resolved in July 2025 July Spotlight: Air Quality Bureau at work SANTA FE — The New Mexico Environment Department is highlighting the ongoing success of its Enforcement Watch initiative, a transparency-focused program that provides the public with consistent and timely information about the Department’s enforcement actions across environmental protection, public health, and worker safety programs. By making enforcement data accessible, Enforcement Watch reinforces NMED’s commitment to New Mexico residents for accountability and regulatory compliance statewide. Launched in May 2023, Enforcement Watch shares monthly updates on enforcement actions and their resolutions. These updates are broadly divided into two categories: • Active Matters: Alleged violations of state regulations, rules, permits, or licenses that are currently under investigation or pending resolution. • Resolved Matters: Cases that have been adjudicated in court or administratively resolved, including the full payment of any civil penalties. July Program Spotlight: Air Quality Bureau This month, the department is highlighting its Air Quality Bureau. The bureau protects the state’s air by monitoring for public health risks, requiring pollution controls through air permits, and enforcing the federal Clean Air Act and the New Mexico Air Quality Control Act. Since July 2024, the Air Quality Bureau has issued six Administrative Compliance Orders totaling over $90M and eight settlement agreements totaling over $26 million, holding facilities accountable for 821,964 pounds of excess emissions. SCIENCE | INNOVATION | COLLABORATION | COMPLIANCE In addition, the bureau has issued 19 Notices of Violation, which formally launch the enforcement process by alerting facilities to alleged permit violations. These notices hold multiple facilities accountable for nearly 4.5 million pounds of emissions, released beyond permitted limits — equal to the annual emissions from 444 gas-powered vehicles. The Bureau has closed out seven enforcement cases, including one involving MarkWest Tornado GP, LLC, operator of the Bell Lake South and Red Hill Compressor Stations near Jal and Artesia, respectively. The case addressed 149,459 pounds of unauthorized emissions. The company implemented corrective actions to prevent future violations and protect public health and paid a final penalty of $672.563.88 on July 28, 2025. “In the past year, we’ve taken decisive action against polluters — issuing more than $116 million in penalties and addressing millions of pounds of excess emissions,” said Cindy Hollenberg, Air Quality Bureau Chief. “These efforts not only enforce the law but ensure New Mexicans can breathe clean and healthy air. In 2025, we are strengthening our commitment to clean air across the state by working handin-hand with the new Compliance and Enforcement Division.” Per the Enforcement Watch, the two oldest air enforcement matters on the list are Targa Northern Delaware Red Hills Gas Processing Plant and DCP Operating Company LP Artesia Gas Plant. Both matters remain contested and unresolved. As of July 1, the Air Quality Bureau’s compliance and enforcement responsibilities have transitioned to the newly formed Environmental Protection Compliance and Enforcement Bureau within the department’s Compliance and Enforcement Division. This restructuring separates permitting from enforcement, improving transparency and division of duties between air quality permitting staff and air quality compliance and enforcement staff for regulated facilities. Enforcement Watch Updates for July 2025 In July, 137 new entries were added to the Active Matters listing and 59 were moved to the Resolved Matters listing. New additions to the report included: • 65 notices of violation issued by the Food Safety Program to retail food establishments that failed to timely pay their permit fee, resulting in a $25 late fee • 36 notices of violation issued by the Drinking Water Bureau • 18 notices of violation issued by the Occupational Health & Safety Bureau • 4 notices of violation in the Radiation Control Bureau • 4 notices of violation in the Air Quality Bureau • 3 notices of violation in the Solid Waste Bureau • 2 notices of violation issued by the Hazardous Waste Bureau • 2 notices of violation issued by the Petroleum Storage Tank Bureau • 1 notice of violation in the Septic Systems Bureau • 1 notice of violation in the Ground Water Bureau • 1 notice of violation in the Public Pools/Spas Bureau The following enforcement cases were resolved in July • 34 cases in the Drinking Water Bureau • 11 cases in the Hazardous Waste Bureau • 7 cases in the Food Safety Program • 5 cases in the Public Pools/Spas Bureau • 2 cases in the Occupational Health & Safety Bureau Highlights of alleged violations and resolved cases in July include: • The Ground Water Quality Bureau issued a Notice of Violation to the San Rafael Water and Sanitation District for failing to comply with the conditions of its discharge permit, as required under New Mexico Water Quality Control regulations. • The Food Safety Program issued a Notice of Violation to 65 establishments throughout the state for operating without a valid food establishment permit. • The Air Quality Bureau issued an Administrative Compliance Order to El Rancho Escondido, LLC of Cleveland for failing to apply for a permit prior to constructing a source at a facility, in violation of the New Mexico Air Quality Control Act. • The Drinking Water Bureau issued a Notice of Noncompliance to Anthony W&SD system for a range of violations of the Safe Drinking Water Act regulations related to developing a service line inventory. • The Hazardous Waste Bureau has issued an Administrative Compliance Order to the U.S. Department of Defense, Kirtland Air Force Base, for violations of the NM Hazardous Waste Act, including improper storage of hazardous waste and other regulatory noncompliance. • The Radiation Control Bureau issued a Notice of Violation to Gonstead Physical Medicine of Albuquerque for failing to provide a radiation protection program and failure to comply with personnel monitoring requirements under New Mexico’s Radiation Protection Act. • NMED issued a NOV to Compass Made for unpaid hazardous waste fees and improper disposal of hazardous materials. The issues have been resolved as the facility corrected the alleged violations. • NMED resolved a case with Riley Industrial Services of Farmington on July 30 for operating as a Large Quantity Generator without proper safeguards. Riley paid $146,000 in civil penalties, corrected the underlying issues, and the matter is closed. Enforcement Watch provides the public, the business community, environmental nongovernment organizations, and municipal governments with easy access to see which organizations NMED has alleged are in violation of regulations, permits, and/or licenses administered by the Department. It is updated when violations are alleged or resolved. Retrospective enforcement matters are added as staffing resources allow. Organizations remain on Enforcement Watch until the alleged violations are corrected to the satisfaction of the Department. The easiest way for an organization to avoid appearing on the Enforcement Watch is to stay off it in the first place by remaining in full compliance with applicable regulations. NMED encourages organizations that are unclear of their regulatory responsibilities to contact a consultant and conduct a third-party compliance audit and disclose potential violations. NMED provides detailed compliance and enforcement metrics in the Compliance Measures section of the Quarterly Performance Report. The full Enforcement Watch can be viewed at https://www.env.nm.gov/enforcement-watch.