reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 35 - WASTE DISPOSAL › Section 19.15.35.13 - INJECTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The division
				shall consider an operator's proposal for injecting regulated NORM into
				injection wells provided the operator will perform the injection in a manner
				that protects the environment, public health and fresh waters and complies with
				division rules pertaining to injection. Division approval is contingent on the
				applicant meeting the requirements in Subsection B of 19.15.35.13 NMAC at a
				minimum.
B. An applicant wishing to
				dispose of regulated NORM in a disposal well shall comply with the following
				requirements.
(1) An application submitted to
				the division for permission to dispose of a regulated NORM in an existing or
				newly permitted disposal well shall contain the following information at a
				minimum:
(a) a completed form C-108 with
				proof of required notification and a statement that regulated NORM will be
				injected;
(b) a description of
				regulated NORM to be disposed including its source, radiation levels and
				quantity; and
(c) a description of
				the process used on the material to improve injectivity.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 35 - WASTE DISPOSAL › Section 19.15.35.14 - ADDITIONAL NOTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				director may require additional notice for an application under 19.15.35.9 NMAC
				to 19.15.35.13 NMAC.
B. A notified
				party seeking to comment or request a public hearing on an application shall
				file comments or a written hearing request with the division within 20 days
				after receiving notice. A request for a hearing shall set forth the reasons why
				the division should hold a hearing.
C. The division shall hold a public hearing
				as required in 19.15.35.9 NMAC through 19.15.35.13 NMAC or if the director
				determines there is sufficient cause to hold a public hearing.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 36 - SURFACE WASTE MANAGEMENT FACILITIES › Section 19.15.36.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
19.15.36 NMAC applies to persons or entities that operate
				  surface waste management facilities as defined in Subsection S of
				  19.15.2.7
				  NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 36 - SURFACE WASTE MANAGEMENT FACILITIES › Section 19.15.36.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
19.15.36 NMAC is adopted pursuant to the Oil and Gas Act,
				  NMSA 1978, Section
				  70-2-6,
				  Section
				  70-2-11
				  and Section
				  70-2-12,
				  which grants the division jurisdiction and authority over the disposition of
				  wastes resulting from oil and gas operations.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 36 - SURFACE WASTE MANAGEMENT FACILITIES › Section 19.15.36.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 14, 2007, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 36 - SURFACE WASTE MANAGEMENT FACILITIES › Section 19.15.36.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To regulate the disposal of oil field waste and the
				  construction, operation, closure and post closure of surface waste management
				  facilities.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 36 - SURFACE WASTE MANAGEMENT FACILITIES › Section 19.15.36.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Definitions
				relating to types of surface waste management facilities.
(1) "Centralized facility" means a surface
				waste management facility:
(a) that is used
				exclusively by one generator subject to New Mexico's Oil and Gas Conservation
				Tax Act, NMSA 1978, Section
				7-30-1, as
				amended;
(b) where the generator or
				operator does not receive compensation for oil field waste management at that
				facility; and
(c) receives
				exclusively oil field wastes that are generated from production units or leases
				the generator, or an affiliate of the generator, operates (for this provision's
				purposes, an affiliate of a generator is a person who controls, is controlled
				by or is under common control with the generator).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 36 - SURFACE WASTE MANAGEMENT FACILITIES › Section 19.15.36.10 - COMMENTS AND HEARING ON APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. A person who wishes to comment or request
				a hearing shall file comments or request a hearing on the proposed approval of
				an application with the division clerk within 90 days after the date of the
				newspaper publication provided in Subsection C of
				19.15.36.9
				NMAC. A request for a hearing shall be in writing and shall state specifically
				the reasons why a hearing should be held. The director may deny a request for
				hearing if the director determines the person requesting the hearing lacks
				standing.
B. If the division denies
				an application pursuant to Paragraphs (3) or (4) of Subsection B of
				19.15.39.9
				NMAC, the applicant may request a hearing within 30 days of the receipt of the
				notice of denial and the division shall schedule a hearing.
C. In addition to the requests for hearing
				provided in Subsections A and B of 19.15.36.10 NMAC, the division shall
				schedule a hearing on the application if:
(1)
				the division's proposed decision to approve the application includes conditions
				not expressly required by rule, and the applicant requests a hearing within 90
				days of receipt of the notice of proposed approval;
(2) the director determines that there is
				significant public interest in the application;
(3) the director determines that comments
				have raised objections that have probable technical merit; or
(4) approval of the application requires that
				the division make a finding, pursuant to Paragraph (3) of Subsection F of
				19.15.2.7
				NMAC, whether a water source has a present or reasonably foreseeable beneficial
				use that contamination would impair.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 36 - SURFACE WASTE MANAGEMENT FACILITIES › Section 19.15.36.13 - SITING AND OPERATIONAL REQUIREMENTS APPLICABLE TO ALL PERMITTED SURFACE WASTE MANAGEMENT FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
Except as otherwise provided in 19.15.36 NMAC.
A. Depth to ground water.
(1) No landfill shall be located where ground
				water is less than 100 feet below the lowest elevation of the design depth at
				which the operator will place oil field waste.
(2) No landfarm that accepts soil or drill
				cuttings with a chloride concentration that exceeds 500 mg/kg shall be located
				where ground water is less than 100 feet below the lowest elevation at which
				the operator will place oil field waste. See Subsection A of
				19.15.36.15
				NMAC for oil field waste acceptance criteria.
(3) No landfarm that accepts soil or drill
				cuttings with a chloride concentration that is 500 mg/kg or less shall be
				located where ground water is less than 50 feet below the lowest elevation at
				which the operator will place oil field waste.
(4) No small landfarm shall be located where
				ground water is less than 50 feet below the lowest elevation at which the
				operator will place oil field waste.
(5) No other surface waste management
				facility shall be located where ground water is less than 50 feet below the
				lowest elevation at which the operator will place oil field waste.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 36 - SURFACE WASTE MANAGEMENT FACILITIES › Section 19.15.36.14 - SPECIFIC REQUIREMENTS APPLICABLE TO LANDFILLS

Current through Register Vol. 35, No. 13, July 16, 2024
A. General operating requirements.
(1) The operator shall confine the landfill's
				working face to the smallest practical area and compact the oil field waste to
				the smallest practical volume. The operator shall not use equipment that may
				damage the integrity of the liner system in direct contact with a geosynthetic
				liner.
(2) The operator shall
				prevent unauthorized access by the public and entry by large animals to the
				landfill's active portion through the use of fences, gates, locks or other
				means that attain equivalent protection.
(3) The operator shall prevent and extinguish
				fires.
(4) The operator shall
				control litter and odors.
(5) The
				operator shall not excavate a closed cell or allow others to excavate a closed
				cell except as approved by the division.
(6) The operator shall provide adequate cover
				for the landfill's active face as needed to control dust, debris, odors or
				other nuisances, or as otherwise required by the division.
(7) For areas of the landfill that will not
				receive additional oil field waste for one month or more, but have not reached
				the final waste elevation, the operator shall provide intermediate cover that
				shall be:
(a) approved by the
				division;
(b) stabilized with
				vegetation; and
(c) inspected and
				maintained to prevent erosion and manage infiltration or leachate during the
				oil field waste deposition process.
(8) When the operator has filled a landfill
				cell, the operator shall close it pursuant to the conditions contained in the
				surface waste management facility permit and the requirements of Paragraph (2)
				of Subsection C of
				19.15.36.18
				NMAC. The operator shall notify the division's environmental bureau at least
				three working days prior to a landfill cell's closure.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 36 - SURFACE WASTE MANAGEMENT FACILITIES › Section 19.15.36.16 - SMALL LANDFARMS

Current through Register Vol. 35, No. 13, July 16, 2024
Small landfarms as defined in Paragraph (5) of Subsection A
				  of
				  19.15.36.7
				  NMAC are exempt from 19.15.36 NMAC except for the requirements specified in
				  19.15.36.16 NMAC.
A. General
				requirements.
(1) Registration. Prior to
				establishment of a new small landfarm, the operator shall file a form C-137 EZ,
				small landfarm registration, with the environmental bureau in the division's
				Santa Fe office. If the operator is not the surface estate owner at the
				proposed site, the operator shall furnish with its form C-137 EZ its
				certification it has a written agreement with the surface estate owner
				authorizing the site's use for the proposed small landfarm. The division shall
				issue the operator a registration number no more than 30 days from receipt of
				the properly completed form.
(2)
				Limitation. The operator shall operate only one active small landfarm per
				governmental section at any time. No small landfarm shall be located more than
				one mile from the operator's nearest oil or gas well or other production
				facility.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 36 - SURFACE WASTE MANAGEMENT FACILITIES › Section 19.15.36.18 - CLOSURE AND POST CLOSURE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Surface waste management facility closure by operator.
(1) The operator shall notify the division's
				environmental bureau at least 60 days prior to cessation of operations at the
				surface waste management facility and provide a proposed schedule for closure.
				Upon receipt of such notice and proposed schedule, the division shall review
				the current closure and post closure plan (post closure is not required for oil
				treating plants) for adequacy and inspect the surface waste management
				facility.
(2) The division shall
				notify the operator within 60 days after the date of cessation of operations
				specified in the operator's closure notice of modifications of the closure and
				post closure plan and proposed schedule or additional requirements that it
				determines are necessary for the protection of fresh water, public health or
				the environment.
(3) If the
				division does not notify the operator of additional closure or post closure
				requirements within 60 days as provided, the operator may proceed with closure
				in accordance with the approved closure and post closure plan; provided that
				the director may, for good cause, extend the time for the division's response
				for an additional period not to exceed 60 days by written notice to the
				operator.
(4) The operator shall be
				entitled to a hearing concerning a modification or additional requirement the
				division seeks to impose if it files an application for a hearing within 10
				days after receipt of written notice of the proposed modifications or
				additional requirements.
(5)
				Closure shall proceed in accordance with the approved closure and post closure
				plan and schedule and modifications or additional requirements the division
				imposes. During closure operations the operator shall maintain the surface
				waste management facility to protect fresh water, public health and the
				environment.
(6) Upon completion of
				closure, the operator shall re-vegetate the site unless the division has
				approved an alternative site use plan as provided in Subsection F of
				19.15.36.18 NMAC. Re-vegetation, except for landfill cells, shall consist of
				establishment of a vegetative cover equal to seventy percent of the native
				perennial vegetative cover (un-impacted by overgrazing, fire or other intrusion
				damaging to native vegetation) or scientifically documented ecological
				description consisting of at least three native plant species, including at
				least one grass, but not including noxious weeds, and maintenance of that cover
				through two successive growing seasons.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 36 - SURFACE WASTE MANAGEMENT FACILITIES › Section 19.15.36.19 - EXCEPTIONS AND WAIVERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. In a
				surface waste management facility permit application, the applicant may propose
				alternatives to requirements of 19.15.36 NMAC, and the division may approve
				such alternatives if it determines that the proposed alternatives will provide
				equivalent protection of fresh water, public health and the
				environment.
B. The division may
				grant exceptions to, or waivers of, or approve alternatives to requirements of
				19.15.36 NMAC in an emergency without notice or hearing. The operator
				requesting an exception or waiver, except in an emergency, shall apply for a
				surface waste management facility permit modification in accordance with
				Subsection C of
				19.15.36.8
				NMAC. If the requested modification is a major modification, the operator shall
				provide notice of the request in accordance with
				19.15.36.9
				NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 36 - SURFACE WASTE MANAGEMENT FACILITIES › Section 19.15.36.20 - TRANSITIONAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Existing permitted facilities. Surface waste management
				  facilities in operation prior to the effective date of 19.15.36 NMAC pursuant
				  to division permits or orders may continue to operate in accordance with such
				  permits or orders, subject to the following provisions.
A. Existing surface waste management
				facilities shall comply with the financial assurance, operational, monitoring,
				waste acceptance and closure and post closure requirements provided in 19.15.36
				NMAC, except as otherwise specifically provided in the applicable permit or
				order, or in a specific waiver, exception or agreement that the division has
				granted in writing to the particular surface waste management
				facility.
B. The division shall not
				require financial assurance for a commercial facility permitted prior to the
				effective date of 19.15.36 NMAC that exceeds $250,000 until such time as:
(1) the division reviews the commercial
				facility's permit pursuant to Paragraph (3) of Subsection A of
				19.15.36.12
				NMAC, at which time the division may require the operator to submit a closure
				and post closure plan; which shall include a responsible third party
				contractor's cost estimate to complete closure and post closure of the surface
				waste management facility pursuant to the requirements of Subsections A through
				F of
				19.15.36.18
				NMAC:
(a) if the division determines that
				such estimate does not reflect a reasonable and probable closure and post
				closure cost, the division shall determine the estimated closure and post
				closure cost and shall provide its determination of estimated closure and post
				closure cost to the operator;
(b)
				if the operator disagrees with the division's determination of estimated
				closure and post closure cost, the operator may request a hearing, which shall
				be conducted according to 19.15.4 NMAC; or
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 37 - REFINING › Section 19.15.37.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
19.15.37 NMAC applies to persons engaged in refining oil;
				  operating gasoline, cycling or other plants where gasoline, butane, propane,
				  condensate, kerosene, oil or other liquid products are extracted from gas; or
				  processing carbon dioxide gas into liquid or solid form within New
				  Mexico.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 37 - REFINING › Section 19.15.37.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
19.15.37 NMAC is adopted pursuant to the Oil and Gas Act,
				  NMSA 1978, Section
				  70-2-6,
				  Section
				  70-2-11
				  and Section
				  70-2-12.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 37 - REFINING › Section 19.15.37.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To regulate the refining of oil; the operation of gasoline,
				  cycling or other plants where gasoline, butane, propane, condensate, kerosene,
				  oil or other liquid products are extracted from gas; or the processing of
				  carbon dioxide gas.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 37 - REFINING › Section 19.15.37.8 - REFINERY REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
Each oil refiner shall furnish to the division for each
				  calendar month a completed form C-113 containing the information and data the
				  form requires, respecting oil and products involved in the refiner's operations
				  during each month. The oil refiner shall complete and file the form C-113 with
				  the division for each month according to instructions on the form, on or before
				  the 15th day of the next succeeding month.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 37 - REFINING › Section 19.15.37.9 - GASOLINE PLANT REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
An operator of a gasoline plant, cycling plant or other plant
				  at which gasoline, butane, propane, condensate, kerosene, oil or other liquid
				  products are extracted from gas shall maintain for the division's inspection
				  for each calendar month a completed form C-111 containing the information
				  indicated on the form respecting gas and products involved in each plant's
				  operation during each month. 19.15.37.9 NMAC also applies to plants processing
				  carbon dioxide gas into liquid or solid form.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 39 - SPECIAL RULES › Section 19.15.39.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
19.15.39 NMAC applies to persons engaged in oil and gas
				  development and production within New Mexico.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 39 - SPECIAL RULES › Section 19.15.39.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
19.15.39 NMAC is adopted pursuant to the Oil and Gas Act,
				  NMSA 1978, Section
				  70-2-6,
				  Section
				  70-2-11
				  and Section
				  70-2-12.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 39 - SPECIAL RULES › Section 19.15.39.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To regulate oil and gas operations in areas of particular
				  environmental sensitivity in order to provide appropriate protection for fresh
				  water, public health and the environment in those areas.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 39 - SPECIAL RULES › Section 19.15.39.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
[RESERVED]
[See
				  19.15.2.7
				  NMAC for definitions.]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 39 - SPECIAL RULES › Section 19.15.39.8 - SPECIAL PROVISIONS FOR SELECTED AREAS OF SIERRA AND OTERO COUNTIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The selected
				areas comprise:
(1) all of Sierra county
				except the area west of range 8 west NMPM and north of township 18 south, NMPM;
				and
(2) all of Otero county except
				the area included in the following townships and ranges:
(a) township 11 south, range 9 1/2 east and
				range 10 east NMPM;
(b) township 12
				south, range 10 east and ranges 13 east through 16 east, NMPM;
(c) township 13 south, ranges 11 east through
				16 east, NMPM;
(d) township 14
				south, ranges 11 east through 16 east, NMPM;
(e) township 15 south, ranges 11 east through
				16 east, NMPM;
(f) township 16
				south, ranges 11 east through 15 east, NMPM;
(g) township 17 south, range 11 east
				(surveyed) and ranges 12 east through 15 east, NMPM;
(h) township 18 south, ranges 11 east through
				15 east, NMPM;
(i) township 20 1/2
				south, range 20 east, NMPM;
(j)
				township 21 south, range 19 east and range 20 east, NMPM; and
(k) township 22 south, range 20 east, NMPM;
				and also excepting also the un-surveyed area bounded as follows:
(i) beginning at the most northerly northeast
				corner of Otero county, said point lying in the west line of range 13 east
				(surveyed);
(ii) thence west along
				the north boundary line of Otero county to the point of intersection of such
				line with the east line of range 10 east NMPM (surveyed);
(iii) thence south along the east line of
				range 10 east NMPM (surveyed) to the southeast corner of township 11 south,
				range 10 east NMPM (surveyed);
(iv)
				thence west along the south line of township 11 south, range 10 east NMPM
				(surveyed) to the more southerly northeast corner of township 12 south, range
				10 east NMPM (surveyed);
(v) thence
				south along the east line of range 10 east NMPM (surveyed) to the inward corner
				of township 13 south, range 10 east NMPM (surveyed) (said inward corner formed
				by the east line running south from the more northerly northeast corner and the
				north line running west from the more southerly northeast corner of said
				township and range);
(vi) thence
				east along the north line of township 13 south NMPM (surveyed) to the southwest
				corner of township 12 south, range 13 east, NMPM (surveyed);
(vii) thence north along the west line of
				range 13 east, NMPM (surveyed) to the point of beginning.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 39 - SPECIAL RULES › Section 19.15.39.9 - SPECIAL PROVISIONS FOR SANTA FE COUNTY AND THE GALISTEO BASIN

Current through Register Vol. 35, No. 13, July 16, 2024
A. Applicability.
				The operator shall obtain division approval for an exploration and development
				plan prior to drilling, re-entering or deepening a well located in the Galisteo
				basin, and shall operate the wells covered by the exploration and development
				plan in accordance with the exploration and development plan's requirements
				until the exploration and development plan is specifically replaced by a
				special pool order. Approval of an exploration and development plan does not
				relieve an operator from its responsibility to obtain any permit required
				pursuant to the Oil and Gas Act for its activities conducted under the
				exploration and development plan. The operator shall renew an approved
				exploration and development plan every five years. The Galisteo basin includes:
(1) the surveyed portions of the following
				sections in Sandoval county:
(a) township 15
				north, range 5 east, sections 13 and 25;
(b) township 15 north, range 6 east, sections
				10 through 30 and 32 through 36;
(c) township 14 north, range 6 east, sections
				1 through 4, 9 through 15, 22 through 26 and 35 and 36;
(d) township 13 north, range 6 east, sections
				1 and 2;
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 39 - SPECIAL RULES › Section 19.15.39.10 - ADDITIONAL REQUIREMENTS FOR APPLICATIONS TO DRILL, RE-ENTER OR DEEPEN WELLS SUBJECT TO AN EXPLORATION AND DEVELOPMENT PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
A. An application for permit to drill,
				re-enter or deepen a well that requires an exploration and development plan
				pursuant to 19.15.39.9 NMAC shall include the following in addition to meeting
				the requirements set out in 19.15.14 NMAC:
(1) a permit application pursuant to 19.15.17
				NMAC;
(2) global positioning system
				coordinates to the sixth decimal point to identify the location of a well to be
				drilled in an un-surveyed area; and
(3) any additional information required by
				the operator's approved exploration and development plan.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 39 - SPECIAL RULES › Section 19.15.39.11 - SPECIAL PROVISIONS FOR A SELECTED AREA OF THE ROSWELL ARTESIAN BASIN

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Designated
				area.
The designated area shall comprise:
(1) the area within the following townships
				and ranges in Chaves county:
(a) township 5
				south, ranges 22 and 23 east;
(b)
				township 6 south, ranges 22 east through 24 east;
(c) township 7 south, ranges 22 east through
				24 east;
(d) township 8 south,
				ranges 21 east through 25 east;
(e)
				township 9 south, ranges 21 east through 25 east;
(f) township 91/2 south, range 24
				east;
(g) township 10 south, ranges
				21 east through 25 east;
(h)
				township 11 south, ranges 21 east through 26 east;
(i) township 12 south, ranges 21 east, 211/2
				east, and 22 east through 26 east;
(j) township 13 south, ranges 21 east through
				27 east;
(k) township 14 south,
				ranges 21 east through 27 east;
(l)
				township 15 south, ranges, 21 east through 27 east;
(m) township 18 south, range 20
				east;
(n) township 19 south, range
				20 east; and
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 40 - NEW MEXICO LIQUEFIED PETROLEUM GAS STANDARD › Section 19.15.40.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
The Construction Industries Division of the Regulation and
				  Licensing Department.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 40 - NEW MEXICO LIQUEFIED PETROLEUM GAS STANDARD › Section 19.15.40.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
A. All individuals
				or persons performing work that will involve the use of storage or providing
				service, for LP Gas and all facilities, equipment, appliances, structures or
				installations in the state of New Mexico.
B. The provisions of these rules and
				regulations shall apply to the use and enforcement of the LP and CNG Gas Act,
				construction industries division rules and regulations, national publications
				that are law in New Mexico (such as NFPA 58), and codes adopted by the
				construction industries commission.
C. It also serves to establish administrative
				procedures for the LP gas bureau, including, but not limited to, licensing and
				permitting procedures.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 40 - NEW MEXICO LIQUEFIED PETROLEUM GAS STANDARD › Section 19.15.40.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules and regulations are adopted pursuant to Section
				  70, Article 5 NMSA 1978 and Section 60-13-9(F) NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 40 - NEW MEXICO LIQUEFIED PETROLEUM GAS STANDARD › Section 19.15.40.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 1, 2006, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 40 - NEW MEXICO LIQUEFIED PETROLEUM GAS STANDARD › Section 19.15.40.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of 19.15.40 NMAC is to promote the general
				  welfare of the people of New Mexico by providing for the protection of life and
				  property through standards that, when complied with, will result in safer
				  installations, equipment, facilities, appliances, structures, and
				  service.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 40 - NEW MEXICO LIQUEFIED PETROLEUM GAS STANDARD › Section 19.15.40.8 - RETROACTIVITY

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions of the codes are not intended to prevent the
				  use of any material, method of construction, or installation procedure not
				  specifically prescribed by the codes, provided any such use is preapproved, in
				  writing, by the LP gas bureau. The provisions of the codes are considered
				  necessary to provide a reasonable level of protection from loss of life and
				  property. Unless otherwise stated, the provisions of the codes shall not be
				  applied retroactively to existing facilities, equipment, appliances,
				  structures, or systems that were in compliance with the provisions of the codes
				  in effect at the time of installation, or approved for construction or
				  installation prior to the effective date of the document, except in those cases
				  where it is determined, in writing, by the LP gas bureau that the existing
				  situation involves a distinct hazard to life or adjacent property. Equipment
				  and appliances include stocks in manufacturers' storage, distribution
				  warehouses, and dealers' storage and showrooms in compliance with the
				  provisions of the codes in effect at the time of manufacture.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 40 - NEW MEXICO LIQUEFIED PETROLEUM GAS STANDARD › Section 19.15.40.9 - EXAMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
No licensee or employee of a licensee shall install or modify
				  any appliance or piping system until he has proved his knowledge of acceptable
				  minimum standards by passing an examination required by the bureau.
A. All personnel whose duties require that
				they transport or dispense LP gas shall prove by passing an examination, as
				required by the bureau, that they are familiar with minimum safety standards
				and practices with regard to handling of LP gas. LP gas may not be dispensed by
				any person who has not passed the examination by the bureau.
B. An identification card shall be issued to
				each person who passes the examination required by the LP gas bureau. The
				identification card shall contain pertinent information such as examinee's
				name, address and classification(s) for which examinee is certified, and may
				also provide space for listing violations of the LP gas Act.
C. No licensee or employee shall perform the
				work he has examined for until he has received an identification card for that
				classification from the bureau.
D.
				An identification card shall only be valid while employed by a licensee. The
				identification card shall be renewed annually with payment of a reasonable fee
				to the bureau on the anniversary date of the employer's license. The renewal
				fee shall be paid with the licensee's renewal for all listed qualifying
				parties.
E. An identification card
				holder not employed by a licensee for a period of two (2) years shall retest
				before being qualified.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 40 - NEW MEXICO LIQUEFIED PETROLEUM GAS STANDARD › Section 19.15.40.10 - ANNUAL INSPECTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. There
				shall be an annual safety inspection, made by an inspector of the bureau, of
				each bulk storage plant facility, dispensing station, vehicle fuel dispenser,
				and cargo container and safety equipment on each vehicular unit used for
				transportation of LP gas in bulk quantities. Each bulk plant, dispenser, and
				vehicular unit shall display a current decal showing it has passed the required
				inspection.
B. Own use non-resale
				dispensers shall not require annual inspection. These facilities shall be
				inspected at the time of installation or modification.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 40 - NEW MEXICO LIQUEFIED PETROLEUM GAS STANDARD › Section 19.15.40.11 - LP GAS PLANS AND SPECIFICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Before equipment for the transfer of
				liquid LP gas may be installed, plans and specifications of the proposed
				installation must be submitted in TRIPLICATE to the bureau for approval.
				Written approval must be received before the equipment is installed.
B. Plans for proposed location of retail
				cylinder exchange shall be submitted to the LP gas bureau. Written approval
				must be received before the equipment is installed.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 40 - NEW MEXICO LIQUEFIED PETROLEUM GAS STANDARD › Section 19.15.40.12 - INSURANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Licensees
				holding LP gas classifications LP-1, LP-3S, LP-4, LP-5, LP-6, LP-10, CNG-1 and
				LNG-1 with only vehicles of 3,500 gallons water capacity or less shall have
				combined single-limit public liability insurance or a corporate surety bond in
				at least the minimum of $500,000.
B. Licensees holding LP gas classification
				LP-7, LP-8 or LP-9 shall have combined single-limit public liability insurance
				or a corporate surety bond in at least the minimum amount of
				$100,000.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 40 - NEW MEXICO LIQUEFIED PETROLEUM GAS STANDARD › Section 19.15.40.13 - LP GAS MISCELLANEOUS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				accident/incident where LP gas in any form or any application may have been a
				factor or could become a contributing factor shall be reported immediately to
				the LP gas bureau. Likewise, any accident/incident where any CNG or LNG-
				powered vehicle may have been a factor or could become a contributing factor
				shall be reported immediately to the LP gas bureau.
B. In all cases where a disconnection is
				made, a notice shall be given to the consumer by the inspector. Such notice
				shall state that the same has been disconnected by, or on order of, the
				inspector, together with the reasons therefor. It shall be unlawful for any
				person other than a licensed installer to reconnect or use any segment of the
				installation without authorization of an inspector.
C. No delivery of LP gas shall be made into
				any transportation unit or bulk plant after notice that either the current
				decal or the license has been suspended or revoked, or the license has
				expired.
D. The bureau will make
				available to the industry a compliant form to be used to report any violation
				of the LP Gas Act, rules and regulations or code. This form shall be submitted
				to the bureau, at which time the bureau will investigate and furnish a written
				report back to the complainant with twenty (20) working days, with violations
				found and action taken.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 40 - NEW MEXICO LIQUEFIED PETROLEUM GAS STANDARD › Section 19.15.40.14 - PRINTED FORMS, AND FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Printed forms as prescribed by the division shall be used for application for
				license, licenses, receipts, approvals, disapproval's, installation records,
				inspection reports and any other purposes for which the bureau may consider
				standardized forms necessary for expediency.
B. An administrative penalty may be assessed
				to anyone found to be making intentional false reports or for failure to file
				any written report or form as required by law.
C. Printed forms listed below by number or
				name are hereby adopted and their use for the purpose stated.
(1)
FORM 1. Records of Installation,
				Test or Modification. $20.00.
To be used to record the following.
(a) Installation of LP gas containers.
				Containers of 239#WC or less shall be exempt from this requirement.
(b) Installation of piping and appliances.
				Form 1 shall be prepared at time work is performed and shall be submitted to
				the LP gas bureau by close of business the following business day.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 40 - NEW MEXICO LIQUEFIED PETROLEUM GAS STANDARD › Section 19.15.40.16 - MOTOR FUEL AND PERMANENT MOUNTED TANK REFUELING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Stop all internal combustion engines on
				vehicles to be serviced.
B. No
				smoking or open fires.
C. Shut off
				all pilot lights.
D. Remove all
				passengers from vehicle.
E. Do not
				fill past maximum filling capacities.
F. Do not start vehicle until fill
				connections have separated.
G. Do
				not relight pilots while in dispensing area.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 40 - NEW MEXICO LIQUEFIED PETROLEUM GAS STANDARD › Section 19.15.40.17 - SELF SERVICE LP GAS DISPENSERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Self-service dispensers shall be used to
				dispense LP gas for motor/mobile fuel only. Only ASME constructed motor/mobile
				fuel type containers that are permanently secured to a vehicle, that
				incorporate an 80% stop fill device and ASME constructed stack type containers
				permanently secured to a vehicle shall be filled. The filling of farm carts,
				moveable fuel storage tenders and DOT cylinders is prohibited. The filling of
				hot air balloon fuel cells approved by the federal aviation administration will
				be allowed.
B. All self-service LP
				Gas dispensers shall comply with the currently adopted version of NFPA 58,
				sections: Vehicle fuel dispenser and dispensing stations and installation of
				vehicle fuel dispensers.
C. The
				main liquid valve(s) opening and closing devices shall be installed so that the
				valve(s) are in the closed position when the transfer operation is not in
				use.
D. Self-service LP Gas
				dispensers shall be equipped with a device(s) for emergency shutdown of LP gas
				and power, from a location remote from the dispensing and storage areas. The
				device(s) shall operate to activate the valve(s) installed so as to shut off
				the power and gas supply to the dispenser(s). The emergency shutdown device(s)
				shall be distinctly marked for easy recognition.
E. In the event the self service dispenser is
				located in an area remote from the storage container, an excess flow, or
				approved shearing device, shall be installed in the piping where it emerges
				from the ground under the cabinet and be installed so as to ensure that
				shearing of the piping will occur on the downstream side of the excess flow or
				shearing device.
F. All hoses used
				for transfer operation on self service dispensers shall incorporate an approved
				breakaway (pull -away) device and shall be installed in accordance with the
				manufacturer's instructions.
G.
				Appropriate step by step operating instructions shall be posted at or on each
				dispenser, and shall be readily visible to the operator during transfer
				operations. The instructions shall describe each action necessary to operate
				the dispenser.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 40 - NEW MEXICO LIQUEFIED PETROLEUM GAS STANDARD › Section 19.15.40.18 - PIPING AND APPLIANCES WITHIN BUILDINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All piping and LPappliances must meet
				current NFPA 54 and NFPA 58 requirements, with the exception that anodeless
				flexible risers may be used at the tank and at the house.
B. LP Gas piping or appliances in attics,
				under floor area, or below grade must be adequately ventilated. Ventilation
				openings shall be a minimum of 36 square inches.
C. Gas utilization equipment located in
				confined spaces shall be provided with two permanent openings, one commencing
				within 12 inches of the top, and one commencing within 12 inches of the bottom
				of the enclosure.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 40 - NEW MEXICO LIQUEFIED PETROLEUM GAS STANDARD › Section 19.15.40.19 - MOVEMENT OF LP GAS CONTAINERS AT COMMERCIAL INDUSTRIAL SITES OR SCHOOLS

Current through Register Vol. 35, No. 13, July 16, 2024
A. At commercial
				sites, industrial sites or schools no person shall move an LP gas container(s)
				without written permission from the owner, unless such movement is required on
				an emergency basis to prevent loss of life or property or the spread of fire or
				as required to eliminate a safety hazard.
B. This regulation shall not govern
				situations where it is ordered by any police or fire officials in their
				performance of their official duties.
C. If an emergency move is made, the LP gas
				bureau shall be notified by telephone within 12 hours of said move and a
				written explanation shall be mailed to the LP gas bureau within 24 hours of
				said move as evidenced by the postmark.
D. Movement of LP gas containers may be made
				by persons other than the owner ten days after giving written request to the
				owner, as evidenced by return receipt at his last known address.
E. Containers moved shall be set securely on
				a stable base as to prevent danger or damage to the container and/or
				appurtenances by slipping, falling or rollover. All openings shall be secured
				so as to prevent release of gas in either liquid or vapor form.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 40 - NEW MEXICO LIQUEFIED PETROLEUM GAS STANDARD › Section 19.15.40.20 - CONTAINERS AND INSTALLATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Safe installation.
No LP gas container shall be filled or LP gas
				system used that does not meet the requirements of NFPA 58, NFPA 54 or this
				document.
B.
Filling of
				Containers.
Transfer of LP Gas to or from any LP Gas container shall be
				only by the owner or upon the owners authorization.
C.
Chart 1
(all services except
				cargo tanks). ASME 1949 and earlier and U-68 and U-69 Codes are approved for
				all LP gas service, except cargo tank, regardless of installation date, with
				the following working pressures and relief valve settings, when using propane
				grade 5 or higher.
Working Pressure
100
125
150
175
200
225
250
251+
Approved
No
No
No
No
Yes
Yes
Yes
Yes
Relief Valve Setting (%)
100 to 125
137 to 156
165 to 187
192 to 218
220 to 250
247 to 281
275 to 317
110% to 125%
D.
Chart 2
(bulk service). API-ASME Code, ASME U-201, 1950 and 1952
				or later ASME Codes are approved for bulk plant use*, and for all other
				container use if manufactured after June 30, 1959, in accordance with ASME
				Code, at the time of manufacture with the following working pressures and
				relief settings, when using propane of grade 5 or higher.
*Cargo
				containers shall have a minimum working pressure of 250 PSI.
Working Pressure
100
125
150
175
200
225
250
251+
Approved
No
No
No
No
No
No
Yes
Yes
Relief Valve Setting (%)
100 to 125
220 to 250
88% to 100%
E.
Chart 3
(domestic tank service). API-ASME Code, ASME U-200, U-201,
				1950 and 1952 or later ASME Codes, if installed in New Mexico before June 30,
				1959, may be moved from one place to another within the state, but not brought
				into the state, are approved for domestic tank service with the following
				working pressures and relief settings, when using propane of grade 5 or higher.
Working Pressure
100
125
150
175
200
225
250
251+
Approved
No
No
No
No
No
No
Yes
Yes
Relief Valve Setting (%)
110 to 125
132 to 150
154 to 175
176 to 200
198 to 225
220 to 250
88% to 100%
F.
Container protection.
Where physical damage to LP gas containers,
				or systems of which they are a part, from vehicles is a possibility,
				precautions shall be taken against such damage.
(1) Container protection shall be crash post
				or other protection acceptable to the LP gas bureau.
(2) When crash post are used they shall be a
				minimum of two and seven-eighths inch outside diameter, with three feet above
				ground, two feet below ground, embedded in concrete, filled with concrete, and
				spaced four feet apart. The spacing may be extended to eight feet between post
				if a minimum two-inch welded top rail is installed; excepting all dispensing
				system installations which shall comply with all requirements described in the
				currently adopted NFPA 58.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 40 - NEW MEXICO LIQUEFIED PETROLEUM GAS STANDARD › Section 19.15.40.21 - LP GAS CYLINDER EXCHANGE INSTALLATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A cylinder exchange installation
				registration form and approved plans shall be required prior to
				installation.
B. Installation shall
				meet the requirements of NFPA 58.
C. Cylinder exchange cabinets shall be
				approved, and meet the requirements of NFPA 58; excepting cylinder exchange
				cabinet installations shall comply with Subsection D if installed greater than
				five feet from a building or approved in writing by the LP gas bureau
				chief.
D. Protection against
				vehicle impact shall be crash post or other protection acceptable to the LP gas
				bureau.
(1) Crash post shall be installed as
				required elsewhere in this document.
(2) A minimum six inch high concrete raised
				sidewalks or six inch high wheel stops can be used.
(a) The minimum distance from the raised
				sidewalks or wheel stops to the cabinet shall be 48 inches.
(b) The wheel stops shall be anchored and
				secured with at least-five eighths inch by 18 inch steel rods.