From: Brent Ruminski
To: UOG-QA Subject: RE: Copyright data clarification for US EPA (NM EMNRD)
Date: Thursday, February 19, 2015 1:18:02 PM



### ----- Forwarded message ----- From: "Wade, Gabriel, EMNRD" < Gabriel.Wade@state.nm.us > To: "Daisy Wang" < Daisy.Wang@erg.com > Subject: Copyright data clarification for US EPA (NM EMNRD) Date: Thu, Feb 19, 2015 12:36 PM

Ms. Wang,

The data that you have listed is public information. The citation works as well.

Thanks,

Gabriel Wade
Assistant General Counsel
Oil Conservation Division Energy, Minerals, and Natural Resources Department
1220 S. St. Francis Drive Santa Fe, New Mexico 87505 Office: (505) 476-3451 Fax: (505) 476-3462

From: Daisy Wang [ mailto:Daisy.Wang@erg.com ] Sent: Wednesday, February 18, 2015 9:06 AM To: Wade, Gabriel, EMNRD Subject: RE: Copyright data clarification for US EPA (NM EMNRD)

Hi Mr. Wade,

I’m just following up on this request – could you please let us know if this data is copyrighted or not?

Thanks, Daisy

Daisy Wang Environmental Engineer Eastern Research Group, Inc. (848) 209-9675 daisy.wang@erg.comFrom: Daisy Wang Sent: Thursday, February 12, 2015 2:10 PM To: 'Wade, Gabriel, EMNRD' Subject: RE: Copyright data clarification for US EPA (NM EMNRD)

Hi Mr. Wade,

For our analysis, we manually pulled data points from the OCD Permitting Well Search database. The data that we would like to publish include the produced water volume (“Water [BBLS]”) and production days (“Days P/I”) located in the Production/Injection section of the search results for approximately 82 wells. The following is an example of our procedure to obtain data for one of the
82 wells:
1. Go to: https://wwwapps.emnrd.state.nm.us/ocd/ocdpermitting/Data/WellDetails.aspx? api=30-025-39956
2. Scroll down to the “Production/Injection” section

3. Unhide 2012
4. Recorded 11,830 barrels and 26 days into an analysis spreadsheet

We repeated this procedure for each well and will include the search results in an analysis spreadsheet. I’ve attached an example screenshot from the analysis spreadsheet. The data will be
cited as New Mexico Energy, Minerals and Natural Resources Department (NMEMND). 2014. OCD Permitting: Well Search

.

Please note that the document control number (DCN) for the New Mexico data will be SGE00644. The New Mexico data will not be presented as a standalone document, but instead be aggregated with data from other states in the analysis spreadsheet. The analysis spreadsheet and associated memorandum will have DCN SGE00724. The Technical Development Document (TDD) for the rulemaking will reference the analysis spreadsheet (SGE00724), and the analysis spreadsheet will reference the New Mexico data (SGE00644).

It would be greatly appreciated if you could respond to this email specifying whether or not these data are copyrighted or not. If not, the data will be made available to the public on www.regulations.gov at the time of proposal. If the data is copyrighted, it will only be made available to the public at a read only computer station in Washington D.C..

Please let me know if you have any additional questions.

Sincerely, Daisy Wang Environmental Engineer Eastern Research Group, Inc. (848) 209-9675 daisy.wang@erg.comFrom: Wade, Gabriel, EMNRD [ mailto:Gabriel.Wade@state.nm.us ] Sent: Wednesday, February 11, 2015 3:27 PM To: Daisy Wang Subject: RE: Copyright data clarification for US EPA (NM EMNRD)

Hi Ms. Wang,

I think it would be easiest that you send the files in question. The OCD would like to ensure that sources are also cited correctly.

Thanks you,

Gabriel Wade
Assistant General Counsel
Oil Conservation Division Energy, Minerals, and Natural Resources Department
1220 S. St. Francis Drive Santa Fe, New Mexico 87505 Office: (505) 476-3451 Fax: (505) 476-3462

From: Daisy Wang [ mailto:Daisy.Wang@erg.com ] Sent: Wednesday, February 11, 2015 8:02 AM To: Wade, Gabriel, EMNRD Subject: Copyright data clarification for US EPA (NM EMNRD)

Hi Mr. Wade,

My name is Daisy Wang and I work for Eastern Research Group, Inc., a contractor for the United States Environmental Protection Agency. We are supporting EPA with a rule making that will cover the unconventional oil and gas extraction industry ( http://water.epa.gov/scitech/wastetech/guide/oilandgas/unconv.cfm ).

As part of the rulemaking process, we downloaded data from the New Mexico EMNRD Oil Conservation Division website for analysis. EPA has determined that they would like to make these analyses and the raw data available in the public record to support the rulemaking. We noticed that the website has a blanket copyright claim, but it is unclear what is covered under this claim. Could you help us to clarify if specific data files are copyrighted or not? If so, I can send you a list of the data files that are in question. If not, could you please point us to the best person who can answer our question?

I recently left you a voicemail with this same information, but hopefully it will be easier to read in an e-mail! Thank you in advance for your help.Sincerely, Daisy Wang Environmental Engineer Eastern Research Group, Inc. (848) 209-9675 daisy.wang@erg.com