Laura: SECRETARY KENNEY, THANK YOU FOR JOINING US AND WELCOME TO THE VIRTUAL STUDIO.

SO, LAST WEEK THE U.S. ENVIRONMENTAL PROTECTION AGENCY ANNOUNCED WHAT IS CALLED A DISCRETION POLICY FOR COVID-19 PANDEMIC CONDITIONS.

AND I UNDERSTAND YOU'RE HAVING A CALL WITH THE EPA LATER THIS WEEK, BUT WHEN DID STATE REGULATORS FIRST FIND OUT ABOUT THIS RULE AND HOW MIGHT IT AFFECT THE STATE OF NEW MEXICO?

Sec.

Kenney: FIRST, THANK YOU FOR HAVING ME.

I APPRECIATE BEING HERE AND ABLE TO TALK TO YOU REMOTELY.

THE MEMO THAT YOU ARE SPEAKING OF IS NOT AN EPA RULE.

IT'S A MEMO, GUIDANCE.

WE FOUND OUT AT THE ENVIRONMENT DEPARTMENT, I THINK, LIKE MANY ENVIRONMENTAL REGULATORS THE DAY IT CAME OUT.

SO, THERE WAS NOT A LARGE OPPORTUNITY FOR US TO WEIGH IN ON THE SHAPING OF THAT.

BUT THAT MEMO BASICALLY PROVIDES ENFORCEMENT DISCRETION IN THE WAY EPA IS GOING TO LOOK AT VIOLATIONS OF OUR ENVIRONMENTAL LAWS DURING THE PUBLIC HEALTH EMERGENCY, COVID-19 CRISIS.

SO, THAT IS WHAT IT IS DOING.

HOW IT IS GOING TO AFFECT NEW MEXICO IS ACTUALLY AN INTERESTING QUESTION.

THERE IS, I THINK, DEGREES IN WHICH IT IS GOING TO AFFECT US BUT HERE AT THE ENVIRONMENT DEPARTMENT WE HAVE A LOT OF THOSE FLEXIBILITIES.

EPA HAS A LOT OF FLEXIBILITIES THAT ARE PUT FORWARD IN THAT MEMO WITHOUT THE MEMO EVEN EXISTING.

SO, WE ARE GOING TO CONTINUE TO ASSURE THAT NEW MEXICANS HAVE SAFE FOOD, SAFE WATER, INFECTIOUS WASTE IS MANAGED AND THEN WE ARE ALSO GOING TO BE LOOKING AT MAKING SURE THE PUBLIC HEALTH EMERGENCY CAUSED BY COVID-19 IS NOT AGGRAVATED BY ADDITIONAL PUBLIC HEALTH EMERGENCIES CAUSED BY NONCOMPLIANCE WITH ENVIRONMENTAL LAWS.

Laura: CAN YOU DESCRIBE WHAT LAWS THIS APPLIES TO AND KIND OF WHAT TYPES OF FACILITIES MIGHT BE AFFECTED?

Sec.

Kenney: I'LL MAKE THAT SPECIFIC TO NEW MEXICO BECAUSE THAT WOULD BENEFIT THE VIEWERS.

HERE IN NEW MEXICO, THE OIL AND GAS INDUSTRIES ARE REGULATED FOR THEIR AIR EMISSIONS, FOR THEIR WATER AS WELL.

BUT, BEYOND THAT OUR DRINKING WATER HAS REGULATIONS THAT APPLY TO IT IN TERMS OF MAKING SURE IT IS SAFE.

SO IT IS NOT JUST INDUSTRY.

IT IS ALSO THE PUBLIC SERVICES WE DEPEND UPON TO INSURE THAT WE HAVE SAFE WATER AND THINGS LIKE THAT.

SO, THAT IS ONE AREA.

YOU OFTEN HEAR FOLKS FROM THE ENVIRONMENT DEPARTMENT, INCLUDING MYSELF, TALKING ABOUT LEGACY WASTE IN THE STATE OF NEW MEXICO.

THOSE LEGACY WASTES ARE EITHER REGULATED BY SUPERFUND, THE LAW IN WITH THE ENVIRONMENT DEPARTMENT CAN IMPLEMENT WITH THE EPA.

WE ARE REGULATED BY WHAT WE CALL CORRECTIVE ACTION, MEANING WHERE ACTIVE SITES ARE UNDERGOING ABATEMENT OR REMEDIAL ACTIVITIES.

THOSE ARE ALSO COVERED AND WAITING FOR ADDITIONAL GUIDANCE FROM EPA ON THAT.

IT DOES AFFECT EVERY INDUSTRY AND SERVICE HERE IN NEW MEXICO.

Laura: IN THAT NEW POLICY THE NOTICE THAT WAS SENT OUT SAYS THAT THE FEDERAL AGENCY, THE EPA, WON'T PENALIZE COMPANIES AND FACILITIES THAT DON'T COMPLY WITH MONITORING AND REPORTING REQUIREMENTS BUT THEY ADD THAT THE AGENCY DOES EXPECT THE OPERATORS OF PUBLIC WATER SYSTEMS TO CONTINUE TO ENSURE THE SAFETY OF OUR DRINKING WATER SUPPLY.

ARE WE AT A POINT WITH COMPLIANCE WITH THESE LAWS ARE VOLUNTARY?

Sec.

Kenney: THAT'S A GOOD QUESTION.

DURING THE PUBLIC HEALTH EMERGENCY, THAT GUIDANCE IS CERTAINLY THE STANDING POSITION THAT THOSE LAWS ARE ALWAYS RUNNING AND THAT THERE ARE POLICIES OUTSIDE OF THE ONE THAT WAS JUST ISSUED THAT ACCOUNTS FOR WHAT TO DO WHEN NONCOMPLIANCE OCCURS, AND THERE IS OUTSIDE FACTORS, PROVISIONS FOR NATURAL ACTS, HURRICANES, EARTHQUAKES, THINGS LIKE THAT.

WE ARE NOT UNACCUSTOMED TO EMERGENCIES INTERRUPTING OUR ABILITY TO ASSURE COMPLIANCE.

SO, WE ARE GOING TO CONTINUE TO MAKE SURE THAT LAWS ARE FOLLOWED TO THE BEST WE CAN BUT WE HAVE TO BE VERY CANDID THAT HERE IN NEW MEXICO, WE EXPECT THAT WHILE WE ARE DOING ALL THESE SOCIAL DISTANCING AND ALL THESE EFFORTS UNDER THE PUBLIC HEALTH ORDER THAT THE GOVERNOR AND SECRETARY KUNKEL FROM THE DEPARTMENT OF HEALTH ISSUED, WE HAVE TO BE REALISTIC.

THERE WILL BE DISRUPTIONS IN SERVICES, ENVIRONMENTAL SERVICES, AND ENVIRONMENTAL COMPLIANCE AND THAT IS JUST GOING TO BE SOMETHING WE HAVE TO DEAL WITH, LIKE I SAID.

WE HAVE THE POLICIES AND PROCEDURES IN PLACE OUTSIDE OF THAT MEMO.

THAT JUST SEEMS TO COLLECT THEM ALL AND PUT IT OUT THERE MORE AFFIRMATIVELY.

Laura: EVEN IN THE BEST OF TIMES, THE NEW MEXICO ENVIRONMENT DEPARTMENT HAS TRADITIONALLY OR OFTEN BEEN UNDERFUNDED AND CERTAINLY UNDERSTAFFED AND NOW YOUR DEPARTMENT HAS THE ADDITIONAL BURDEN OF PEOPLE HAVING TO WORK FROM HOME.

I AM CURIOUS HOW THIS POLICY OR MOVE FROM EPA AFFECTS NMED'S ABILITY TO CARRY OUT ITS REGULATORY DUTIES ACROSS THE STATE.

Sec.

Kenney: ANOTHER GOOD QUESTION.

LET ME BREAK IT DOWN BY NUMBERS.

OF THE 525 NMED EMPLOYEES, 100% OF US ARE WORKING FROM HOME NOW.

AND THAT IS IN LINE WITH THE GOVERNOR'S PUBLIC HEALTH ORDER AS I MENTIONED EARLIER.

WE HAVE 100% OF PEOPLE WORKING FROM HOME.

FURTHER BREAK IT DOWN AND TELL YOU THAT 25% OF OUR WORKFORCE IS ACTIVELY WORKING ON COVID-19 ISSUES, MAKING SURE OUR FOOD, OUR DRINKING WATER, OUR PLACES OF EMPLOYMENT, THOSE ESSENTIAL SERVICES, HEALTHCARE INDUSTRY, ARE PROTECTING THEIR WORKERS BECAUSE WE HAVE THE OSHA PROGRAM AT THE ENVIRONMENT DEPARTMENT.

WE ARE ALSO THE GROUP THAT WOULD LOOK AT INFECTIOUS WASTE IN MAKING SURE THAT IS MANAGED PROPERLY, AS WELL AS WASTEWATER.

SO, WHEN WE FLUSH OUR TOILETS AND CHEMICAL PLANTS ARE TREATING THEIR WASTEWATER, WE ARE THAT GROUP AS WELL.

SO, 25% OF OUR EMPLOYEES ARE WORKING ON COVID-19 DIRECTLY AND THEN ABOUT 75% OF OUR EMPLOYEES, THE BALANCE OF US, ARE WORKING TO ENSURE THAT WE ARE DEVELOPING OUR METHANE RULES, WORKING ON PFAS ISSUES, WORKING WITH RESPECT TO THE CONTAMINATION THAT I MENTIONED ABOUT LEGACY CONTAMINATION, PERMITS, AND THEN COMPLIANCE.

BUT WE AGAIN HAVE TO BE REALISTIC.

WE ARE NOT PUTTING OUR PEOPLE IN THE FIELD AS MUCH BECAUSE WE ARE PRACTICING SOCIAL DISTANCING AND DOING THINGS REMOTELY AS BEST AS WE CAN TO STOP THE SPREAD.

Laura: IN EPA'S NOTICE THEY SENT OUT TO THE PUBLIC, ONE OF THE THINGS THEY SAID IS DURING THIS TIME THE PUBLIC CAN MAKE COMPLAINTS ON VIOLATIONS FOR FACILITIES THEY SEE POLLUTING.

CERTAINLY, AT THIS MOMENT IN TIME WE DON'T WANT ANYONE OUT PATROLLING THEIR COMMUNITIES BUT IF PEOPLE DO HAVE CONCERNS ABOUT POLLUTION IN THEIR COMMUNITIES, WHAT SHOULD THEY BE DOING AND WHAT SHOULD NEW MEXICANS -- WHAT SHOULD WE ALL BE DOING TO BE HELPING THE ENVIRONMENT DEPARTMENT PROTECT THE RESOURCES THAT WE HAVE ALL AROUND US?

Sec.

Kenney: THANK YOU FOR THAT QUESTION.

THE IMPORTANCE OF KEEPING OUR EYES AND EARS OPEN DURING THIS TIME AND IF WE SEE SOMETHING THAT IS A PROBLEM, OR SUSPECTED TO BE A PROBLEM, REPORT IT TO THE ENVIRONMENT DEPARTMENT.

WE'LL GET THROUGH THIS AND WE'LL BE ON THE OTHER SIDE WHERE WE CAN GO BACK AND INVESTIGATE AND WE WILL DO THAT.

WE'LL DEVOTE OUR TIME AND RESOURCES INTO INVESTIGATING THOSE COMPLAINTS.

WE ARE STILL RECEIVING COMPLAINTS, WE ARE STILL INVESTIGATING COMPLAINTS.

YOU MAY NOT SEE US OUT IN THE FIELD, YOU MAY NOT SEE THE STATE VEHICLE DRIVING THROUGH YOUR COMMUNITY BUT REST ASSURE WE SEND LETTERS, ASKING FOR INFORMATION, WE ARE NOTING WHERE WE ARE GOING TO GO BACK TO.

WHAT YOUR VIEWERS CAN DO RIGHT NOW THAT WOULD GREATLY HELP IS ENSURING WE DON'T FLUSH ANYTHING DOWN THE TOILET THAT SHOULDN'T BE IN A TOILET.

SO THAT INCLUDES WIPES AND PAPER TOWELS AND THINGS LIKE THAT THAT WE MIGHT BE USING MORE FREQUENTLY IN OUR HOUSE TO CLEAN SURFACES AND DISINFECT.

WITH THINGS LIKE THAT, PRACTICE OUR GOOD BEHAVIORS NOW WHILE IN COVID-19 SO WE CAN AVOID THOSE SEPTIC SYSTEM ISSUES IN RURAL PARTS OF THE STATE AS WELL AS THOSE MUNICIPAL OVERFLOWS OR JUST CLOGGING UP YOUR OWN PLUMBING SYSTEM WILL COST YOU A HEFTY AMOUNT OF MONEY RIGHT NOW AND IT IS HARD TO GET PEOPLE TO COME TO YOUR HOUSE.

SO, DON'T FLUSH ANYTHING THAT SHOULDN'T BE IN THE TOILET.

CONTINUE TO USE YOUR TAP WATER.

IT IS SAFE.

YOU DON'T HAVE TO HAVE BOTTLED WATER.

CONTINUE TO SUPPORT TAKE-OUT FROM OUR LOCAL RESTAURANTS.

THAT IS VERY IMPORTANT AS WELL.

THAT IS A GOOD PLACE TO AVOID THE GROCERY STORES WHEN YOU NEED TO BRING FOOD INTO YOUR HOME.

SO, THOSE TYPES OF THINGS ARE ALL GOOD PRACTICES.

Laura: WE WILL PRACTICE GOOD BEHAVIOR.

SECRETARY KENNEY, THANK YOU SO MUCH FOR JOINING US AND THANK YOU TO EVERYONE FOR WORKING SO HARD RIGHT NOW.

Sec.

Kenney: WE APPRECIATE IT.

THANK FOR LETTING US ON AND SHARING THIS IMPORTANT INFORMATION.