Oil and gas companies and others who handle methane will face new requirements if the state adopts a rule proposed by the New Mexico Environment Department (NMED). The proposal builds on the U.S. Environmental Protection Agency’s standards for methane super-emitter events and for process controllers but goes further.
While the proposal primarily targets the oil and gas industry, portions of the rule would apply more broadly to any stationary source that emits methane or other regulated air pollutants. Companies operating in New Mexico—including upstream operators, midstream companies, and other industries—should evaluate the proposal closely because it could substantially increase compliance obligations and shorten response times following alleged methane releases.
Super-emitter Events
The centerpiece of the proposal is a new super-emitter program modeled on EPA’s methane rule at 40 C.F.R. Part 60, Subpart OOOOb. However, NMED’s proposal is more stringent than the federal program.
- A super-emitter event is a large methane emissions event detected with a remote sensor.
- Certified third parties find and report emissions to NMED, who notifies the source.
- NMED proposed a lower super-emitter event threshold: 50 kg/hour versus EPA’s 100 kg/hour.
- Applies to all stationary sources of methane, not just oil and gas facilities.
- Three calendar day deadline to investigate and complete repairs.
- Broader investigation and repair obligations, including repairing all leaks identified during the investigation.
- The NMED proposal would take effect when adopted, even though EPA paused implementation of the federal super-emitter program until January 22, 2027 and indicated it may reconsider the substance of this program.
As it stands, the super-emitter proposal has no safeguards against publishing unverified allegations, commencing enforcement based on third-party reports, or misidentifying the source of emissions.
Companies should evaluate the proposal now and consider participating in the rulemaking process.
New Requirements for Natural Gas-Driven Process Controllers
NMED also proposes to require zero methane emissions from natural gas-driven process controllers (also known as pneumatic controllers) by January 1, 2031. Important differences from the current New Mexico rule and EPA’s Subpart OOOOc model rule include: the lack of a clear exemption for emergency shutdown devices, removing the option to combust the emissions, different inspection frequencies and monitoring requirements, and different reporting methods.
Is There More to Come?
A key question is whether NMED will stop here or propose additional methane rules. Super-emitters and process controllers are named in the state Climate Action Plan. NMED boasted its new rules will help meet that Plan’s GHG reduction target of 45% by 2030. Coupled with other recent climate moves, like the Oil Conservation Commission rulemakings on CO2 injection wells and funding for well plugging and reclamation, the NMED proposal could signal acceleration of the Climate Action Plan. But there are questions about NMED’s legal authority to adopt methane rules.
Or NMED’s process controller proposal could be a step toward a State Plan for oil and gas methane under Subpart OOOOc, which is technically due to EPA January 22, 2027. Most states except Colorado put their State Plans on hold after EPA delayed the deadline and announced it will reconsider the federal rules more broadly. If New Mexico develops an oil and gas methane State Plan anyway, it will have to adopt rules for storage vessels, compressors, leaks, and more.
Rulemaking Timeline and Next Steps
NMED is revising its proposal based on initial public feedback. NMED plans to petition the Environmental Improvement Board on August 12, 2026 and anticipates a rulemaking hearing beginning December 7, 2026.
Operators should begin assessing the proposal’s operational impacts, compare the proposed requirements with existing federal obligations, and consider participating in the rulemaking process.
For questions regarding how this proposal could impact your operations, please reach out to Chris Colclasure or Garry Kaufman.