October 2, 2026
Contact: Jorge Estrada, Public Relations Coordinator
New Mexico Environment Department
505.690.5326 | jorge.estrada@env.nm.gov
SANTA FE — The New Mexico Environment Department is highlighting the ongoing success of its Enforcement Watch initiative, a transparency-focused program providing 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 June 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.
Spotlight: Environmental Protection Compliance and Enforcement Bureau
The Environmental Protection Compliance and Enforcement Bureau (EPCEB), established in July 2025, enforces regulations related to air quality and radiation control. EPCEB is expected
to begin enforcing regulations related to climate change late next year.
Since its establishment, the EPCEB compliance inspection unit has streamlined processes, increasing the number of compliance evaluations. The compliance reporting unit has also improved the process for routing excess-emission cases to the enforcement unit and added contract stack-test observers to identify compliance issues during testing improved the process for routing excess-emission cases to the enforcement unit and adde contract stack-test observers to identify compliance issues during testing.
These efficiencies have increased the number of compliance evaluations and, consequently, enforcement referrals. EPCEB’s current caseload includes 161 air quality violations. Despite the
increased caseload, EPCEB enforcement staff have closed 44 cases since July 1, 2025.
Of those cases, 34 involved nonpayment of air permit fees. The permittees have since paid their outstanding fees and remained current on payments. The collected fees have been directed to the Air Quality Fund to support operation of the Air Quality Program. The remaining 10 cases involved more substantive violations of air permit conditions and regulations.
Since July 1, 2025, EPCEB has collected $1.5 million in civil penalties. Notable cases involving failures to register or obtain permits before constructing facilities include a 51-facility case
involving WPX, a subsidiary of Devon Energy; a single-facility case involving El Rancho Escondido; and cases involving three facilities operated by Chisholm Energy Operating LLC, which was acquired by Earthstone Operating.
Additionally, air enforcement staff have reached written agreements through case negotiations and are expected to collect approximately $12 million in additional civil penalties by Dec. 31, 2026, while closing another 11 enforcement cases. Under New Mexico law, civil penalties collected for air violations are deposited into the state General Fund for legislative appropriation.
“Since establishing the Environmental Protection Compliance and Enforcement Bureau, our teams have increased compliance evaluations and strengthened enforcement efforts,” said Kerra Roudebush, Environmental Protection Compliance and Enforcement Bureau Chief. “Since July 1, 2025, EPCEB has closed 44 enforcement cases and collected $1.5 million in civil penalties, while securing corrective actions that bring facilities into compliance and protect New Mexico’s air quality and communities.”
Most importantly, the enforcement cases have included corrective actions requiring facilities to address violations and achieve compliance with their permits and state and federal air quality regulations. These actions support continued compliance and help protect New Mexico’s air quality and communities.
Enforcement Watch updates for September 2026
In September 2026, the Compliance and Enforcement Division added 140 new cases to Active Matters and resolved 26 demonstrating ongoing enforcement and accountability across the
state. The following enforcement cases were initiated in September:
• 74 notices of violation issued by the Water Protection Compliance and Enforcement Bureau
• 38 notices of violation issued by the Resource Protection Compliance and Enforcement Bureau
• 21 notices of violation issued by the the Occupational Health and Safety Bureau
• 6 notices of violation issued by the Environmental Protection Compliance and Enforcement Bureau
• 1 notice of violation issued by the Food Safety Program to retail food establishments
The following enforcement cases were resolved in September:
• 15 cases in the Resource Protection Compliance and Enforcement Bureau
• 6 cases in the Occupational Health and Safety Bureau
• 3 cases in the Water Protection Compliance and Enforcement Bureau
• 2 cases in the Environmental Protection Compliance and Enforcement Bureau Highlights of alleged violations and resolved enforcement actions in September include:
• The Environmental Protection Compliance and Enforcement Bureau issued a
Administrative Compliance Order to Sweatt Construction, Inc., for violations of New Mexico air quality laws, regulations and permit requirements at its 200 TPH Portable Crusher facility. The order addresses violations related to the facility’s operation and requirements intended to protect air quality and public health.
• The New Mexico Environment Department’s Occupational Health and Safety Bureau issued a Citation and Notification of Penalty to Helmerich & Payne, IDC, following an inspection at a drilling rig in Jal, New Mexico. The citation addressed recognized workplace hazards and the employer’s failure to follow an appropriate acclimatization schedule for new and returning employees working in high heat.
• The Environmental Health Bureau issued a Notice of Violation to Polara Wellness in Farmington for constructing and operating without first obtaining the required construction permit. The facility also operated without completing required inspections, paying applicable fees and obtaining a permit to operate.
• The Resource Protection Compliance & Enforcement Bureau issued a Notice of Violation to Western Refining Retail LLC in Ranchos de Taos for failing to properly operate, maintain or repair its UST venting system.
• The Water Protection Compliance and Enforcement Bureau issued a Notice of Violation to the Carrizozo Water System for failing to complete required reporting for lead and copper monitoring during the 2020 compliance period. Under the New Mexico Drinking Water Regulations, public water systems are required to comply with lead and copper
monitoring and reporting requirements.
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.
