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E~YIRONME~'TAL AND REGULATORY REQUIREMENTS FOR
MININGIEXTRACTION OPERATIONS
AT OR NEAR THE WIPP SITE
Julie Wanslow
The purpose of this section is to identify the environmental and regulatory
requirements that may affect the extraction of oil and gas or the mining of potash at or
near the Waste Isolation Pilot Plant (WIPP) site. The environmental and regulatory
requirements are identified if they have changed since 1980 and if they are relevant to
operations that mine or extract oil, gas, or potash. This information was !Jtained by
researching the statutes, the associated rules and regulations, and environmental law
handbooks. In addition, this section describes the levels of impact of the statutes and
regulations on existing or new oil and gas extraction operations and potash mining
operations. The level-of-impact information represents perceived levels based on information
obtained from oil, gas, and potash operators near the WIPP site.
Clean Air Act
The Clean Air Act (CAA), 42 U.S.C. 7401 et seq., was first enacted in 1970 and
amended several times, most recently in 1994. It establishes air emission limits for new
and existing sources and delegates primary enforcement responsibility to the states. Each
state must submit to the U.S. Environmental Protection Agency (EPA) a StateI:nplementation
Plan demonstrating how it will enforce the CAA requirements. New Mexico's first
implementation plan was submitted in 1972 and since then has been regularly updated.
The CAA regulations and standards are codified in 40 CFR Parts 50 to 88.
Operations that involve the subsurface mining or extraction of oil, gas, or potash
may be subject to 40 CFR Part 60 (standards of performance for new stationary sources)
and Part 61 (national emission standards for hazardous air pollutants). The EPA has
delegated the administration of these programs to New Mexico (see New Mexico Air
Quality Control Act).
Permits. special reports. and fees
No permits, special reports, and fees are required by the CAA regulations.
Permits and associated fees are issued and collected by the Air Quality Bureau of the
New Mexico Environment Departtnent (NMED), which administers the delegated CAA
programs (see New Mexico Air Quality Control Act).
References
Adams, M., Fitzgerald, r., Lematta, B., Hayden, C., Keleher, M., Rochelle, 1., Salazar,
J., and Schaab, W., 1993, New Mexico. Environmental Law Handbook, Third
Edition: Government Institutes Inc., Rockville,-MD, 417W:-
U.S. Environmental Protection Agency, 1993, Code of Federal Regulations Title 40,
Protection of Environment, Subchapter C, Air Programs, Parts 50 to 88: Office of
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