Air Enforcement: New Mexico Environment Department Notice of Violation Addressing Taos County Perlite Mine/Mill
June 11, 2026
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
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The New Mexico Environment Department (“NMED”) issued a May 12th Notice of Violation (“NOV”) to Imerys Perlite USA, Inc (“IPU”) for allegedly violating New Mexico and federal regulations related to air quality. See EPCEB Air Case IMER-1553-2101.
The NOV is in reference to IPU’s Agua Perlite Mine and Mill (“Facility”) in Taos County, New Mexico.
The NOV states that as part of a compliance evaluation of the Facility an NME inspector received records from IPU by email in 2021. These records are stated to have included EPA Method 9 opacity test records completed at the Facility.
The investigator is stated to have found evidence of the following violations of the Facility’s permit, New Mexico Administrative Code, and the Code of Federal Regulations:
- Failure to limit opacity from NSPS affected sources, non-NSPS affected sources, Unit 90 (Dryer Dust Collector), and sources located outside the Mill building, to no more than 10%; failure to limit opacity from the Unit 4 (Jaw Crusher) to 15%; and failure to limit visible emissions during truck loading to no more than thirty (30) seconds during a six (6) minute period; pursuant to New Source Review Construction Permit 0071-M3R1, Specific Condition 2.
- Failure to limit opacity from the Mill Dust Collector (Unit 89), and failure to limit visible emissions from the Mill building to no more than thirty (30) seconds during a six (6) minute period, pursuant to NSR Construction Permit 0071-M3R1, Specific Condition 2.
- 3. Failure to submit Initial and Final Excess Emissions Reports (“EERs”) pursuant to 20.2.7.110.A.(1) and (2) NMAC.
The NOV requests that the company provide certain information regarding each alleged violation.
A copy of the NOV can be found here.
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