reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 25 - PLUGGING AND ABANDONMENT OF WELLS › Section 19.15.25.15 - WELLS TO BE USED FOR FRESH WATER

Current through Register Vol. 35, No. 13, July 16, 2024
A. When a well to be plugged may safely be
				used as a fresh water well and the landowner agrees to take over the well for
				that purpose, the operator does not need to plug the well above the sealing
				plug set below the fresh water formation.
B. The operator shall comply with other
				requirements contained in 19.15.25.9 NMAC through 19.15.25.11 NMAC regarding
				plugging, including surface restoration and reporting requirements.
C. Upon completion of plugging operations,
				the operator shall file with the division a written agreement signed by the
				landowner whereby the landowner agrees to assume responsibility for the well.
				Upon the filing of this agreement and division approval of well abandonment
				operations, the operator is no longer responsible for the well, and the
				division may release bonds on the well.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 26 - INJECTION › Section 19.15.26.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
19.15.26 NMAC applies to persons constructing, operating or
				  closing an injection well under the Oil and Gas Act. 19.15.26 NMAC does not
				  apply to other classes of injection wells regulated under the Water Quality
				  Act, the Geothermal Resources Development Act or the Surface Mining Act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 26 - INJECTION › Section 19.15.26.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
19.15.26 NMAC is adopted pursuant to the Oil and Gas Act,
				  Section
				  70-2-6,
				  Section
				  70-2-11
				  and Paragraphs (13), (14), (15), (21) and (22) of Subsection B of Section
				  70-2-12
				  NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 26 - INJECTION › Section 19.15.26.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To regulate injection wells under the Oil and Gas Act and to
				  maintain primary enforcement authority for the Safe Drinking Water Act (
				  42
				  U.S.C. 300f et seq.) Underground Injection
				  Control (UIC) program for UIC Class II wells.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 26 - INJECTION › Section 19.15.26.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
"Fluid"
means any material or substance which
				  flows or moves whether in a semisolid, liquid, sludge, gas or any other form or
				  state.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 26 - INJECTION › Section 19.15.26.8 - INJECTION OF FLUIDS INTO RESERVOIRS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Permit for injection
				required
.
(1) A permit is required
				under 19.15.26 NMAC for any injection wells that inject:
(a) produced water or other fluids that are
				brought to the surface in connection with natural gas storage operations or
				conventional oil or natural gas production and may be commingled with waste
				waters from gas plants that are an integral part of production operations,
				unless those waters are classified as a hazardous waste at the time of
				injection;
(b) fluids for enhanced
				recovery of oil or natural gas; and
(c) fluids for storage of hydrocarbons that
				are liquid at standard temperature and pressure.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 26 - INJECTION › Section 19.15.26.9 - CASING AND CEMENTING OF INJECTION WELLS

Current through Register Vol. 35, No. 13, July 16, 2024
The operator of a well used for injection of gas, air, water
				  or other medium into a formation shall case the well with safe and adequate
				  casing or tubing so as to prevent leakage, and set and cement the casing or
				  tubing to prevent the movement of formation or injected fluid from the
				  injection zone into another zone or to the surface around the outside of a
				  casing string.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 26 - INJECTION › Section 19.15.26.10 - OPERATION AND MAINTENANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				operator of an injection well shall equip, operate, monitor and maintain the
				well to facilitate periodic testing and to assure continued mechanical
				integrity that will result in no significant leak in the tubular goods and
				packing materials used and no significant fluid movement through vertical
				channels adjacent to the well bore.
B. The operator of an injection project shall
				operate and maintain at all times the injection project, including injection
				wells, producing wells and related surface facilities, in such a manner as will
				confine the injected fluids to the interval or intervals approved and prevent
				surface damage or pollution resulting from leaks, breaks or spills.
C. The operator shall report the failure of
				an injection well, producing well or surface facility, which failure may
				endanger underground sources of drinking water, to the division under the
				"immediate notification" procedure of 19.15.29.10 NMAC
D. The operator shall report injection well
				or producing well failures requiring casing repair or cementing to the division
				prior to commencement of workover operations.
E. The division may restrict the injected
				volume and pressure for, or shut-in, injection wells or projects that have
				exhibited failure to confine injected fluids to the authorized injection zone
				or zones, until the operator has identified and corrected the
				failure.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 26 - INJECTION › Section 19.15.26.11 - TESTING, MONITORING, STEP-RATE TESTS, NOTICE TO THE DIVISION, REQUESTS FOR PRESSURE INCREASES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Testing.
(1) Prior to commencement of
				injection and any time the operator pulls the tubing or reseats the packer, the
				operator shall test the well to assure the integrity of the casing and the
				tubing and packer, if used, including pressure testing of the casing-tubing
				annulus to a minimum of 300 psi for 30 minutes or such other pressure or time
				as the appropriate district supervisor may approve. The operator shall use a
				pressure recorder and submit copies of the chart to the appropriate division
				district office within 30 days following the test date.
(2) At least once every five years
				thereafter, the operator shall test an injection well to assure its continued
				mechanical integrity. Tests demonstrating continued mechanical integrity shall
				include the following:
(a) measurement of
				annular pressures in a well injecting at positive pressure under a packer or a
				balanced fluid seal;
(b) pressure
				testing of the casing-tubing annulus for a well injecting under vacuum
				conditions; or
(c) other tests that
				are demonstrably effective and that the division may approve for use.
(3) Notwithstanding the test
				procedures outlined in Paragraphs (1) and (2) of Subsection A of 19.15.26.11
				NMAC, the division may require the operator to conduct more comprehensive
				testing of the injection well when deemed advisable, including the use of
				tracer surveys, noise logs, temperature logs or other test procedures or
				devices.
(4) In addition, the
				division may order that the operator conduct special tests prior to the
				expiration of five years if the division believes conditions so warrant. The
				division shall consider a special test that demonstrates a well's continued
				mechanical integrity the equivalent of an initial test for test scheduling
				purposes, and the regular five-year testing schedule shall be applicable
				thereafter.
(5) The operator shall
				advise the division of the date and time any initial, five-year or special
				tests are to be commenced so the division may witness the
				tests.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 26 - INJECTION › Section 19.15.26.12 - COMMENCEMENT, DISCONTINUANCE AND ABANDONMENT OF INJECTION OPERATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The following
				provisions apply to injection projects, storage projects, produced water
				disposal wells and special purpose injection wells.
B.
Notice of commencement and
				discontinuance.
(1) Immediately upon
				the commencement of injection operations in a well, the operator shall notify
				the division of the date the operations began.
(2) Within 30 days after permanent cessation
				of gas or liquefied petroleum gas storage operations or within 30 days after
				discontinuance of injection operations into any other well, the operator shall
				notify the division of the date of the discontinuance and the reasons for the
				discontinuance.
(3) Before
				temporarily abandoning or plugging an injection well, the operator shall obtain
				approval from the appropriate division district office in the same manner as
				when temporarily abandoning or plugging oil and gas wells or dry
				holes.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 26 - INJECTION › Section 19.15.26.13 - RECORDS AND REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				operator of an injection well or project for secondary or other enhanced
				recovery, pressure maintenance, gas storage, produced water disposal or
				injection of other fluids shall keep accurate records and shall report monthly
				to the division gas or fluid volumes injected, stored or produced as required
				on the appropriate form listed below:
(1)
				secondary or other enhanced recovery on form C-115;
(2) pressure maintenance on form C-115 and as
				otherwise prescribed by the division;
(3) produced water disposal not regulated by
				19.15.36 NMAC on form C-115;
(4)
				produced water disposal at surface waste management facilities regulated by
				19.15.36 NMAC on form C-120-A;
(5)
				gas storage on form C-131-A; and
(6) injection of other fluids on a
				division-prescribed form.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 26 - INJECTION › Section 19.15.26.14 - RECLASSIFICATION OF WELLS

Current through Register Vol. 35, No. 13, July 16, 2024
The director may reclassify an injection well from a category
				  defined in Subsection B of
				  19.15.26.8
				  NMAC to another category without notice and hearing upon the request and proper
				  showing by the injection well's operator.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 26 - INJECTION › Section 19.15.26.15 - TRANSFER OF AUTHORITY TO INJECT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Authority to inject granted under a
				division order is not transferable except upon division approval. An operator
				may obtain approval of transfer of authority to inject by filing completed form
				C-145.
B. The division may require
				the operator to demonstrate mechanical integrity of each injection well that
				will be transferred prior to approving transfer of authority to
				inject.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 27 - VENTING AND FLARING OF NATURAL GAS › Section 19.15.27.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
19.15.27 NMAC applies to persons engaged in oil and gas
				  exploration and production within New Mexico.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 27 - VENTING AND FLARING OF NATURAL GAS › Section 19.15.27.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
19.15.27 NMAC is adopted pursuant to the Oil and Gas Act,
				  Section
				  70-2-6,
				  Section
				  70-2-11
				  and Section
				  70-2-12
				  NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 27 - VENTING AND FLARING OF NATURAL GAS › Section 19.15.27.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
May 25, 2021, 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 27 - VENTING AND FLARING OF NATURAL GAS › Section 19.15.27.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To regulate the venting and flaring of natural gas from wells
				  and production equipment and facilities to prevent waste and protect
				  correlative rights, public health, and the environment.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 27 - VENTING AND FLARING OF NATURAL GAS › Section 19.15.27.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Terms shall have the meaning specified in 19.15.2 NMAC
				  except as specified below.
A.
"ALARM"
means advanced leak and repair monitoring technology for
				detecting natural gas leaks or releases that is not required by applicable
				state or federal law, rule, or regulation, and which the division has approved
				as eligible to earn a credit against the reported volume of lost natural gas
				pursuant to Paragraph (4) of Subsection B of 19.15.27.9 NMAC.
B.
"Average daily well
				production"
means the number derived by dividing the total volume of
				natural gas produced from a single well in the preceding 12 months by the
				number of days that natural gas was produced from the well during the same
				period.
C.
"Average daily
				facility production"
means, for a facility receiving production from two
				or more wells, the number derived by dividing the total volume of natural gas
				produced from all wells at the facility during the preceding 12 months by the
				number of days, not to exceed 365, that natural gas was produced from one or
				more wells during the same period.
D.
"AVO"
means audio, visual and
				olfactory.
E.
"Completion
				operations"
means the period that begins with the initial perforation of
				the well in the completed interval and concludes at the end of separation
				flowback.
F.
"Drilling
				operations"
means the period that begins when a well is spud and
				concludes when casing and cementing has been completed and casing slips have
				been set to install the tubing head.
G.
"Exploratory well"
means a
				well located in a spacing unit the closest boundary of which is two miles or
				more from:
(1) the outer boundary of a
				defined pool that has produced oil or gas from the formation to which the well
				is or will be completed; and
(2) an
				existing gathering pipeline as defined in 19.15.28 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 27 - VENTING AND FLARING OF NATURAL GAS › Section 19.15.27.8 - VENTING AND FLARING OF NATURAL GAS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Venting or flaring of natural gas during
				drilling, completion, or production operations that constitutes waste as
				defined in 19.15.2 NMAC is prohibited. The operator has a general duty to
				maximize the recovery of natural gas by minimizing the waste of natural gas
				through venting and flaring. During drilling, completion and production
				operations, the operator may vent or flare natural gas only as authorized in
				Subsections B, C and D of 19.15.27.8 NMAC. In all circumstances, the operator
				shall flare rather than vent natural gas except when flaring is technically
				infeasible or would pose a risk to safe operations or personnel safety, and
				venting is a safer alternative than flaring.
B.
Venting and flaring during drilling
				operations.
(1) The operator shall
				capture or combust natural gas if technically feasible using best industry
				practices and control technologies.
(2) A properly-sizedflare stack shall be
				located at a minimum of 100 feet from the nearest surface hole location unless
				otherwise approved by the division.
(3) In an emergency or malfunction, the
				operator may vent natural gas to avoid a risk of an immediate and substantial
				adverse impact on safety, public health, or the environment. The operator shall
				report natural gas vented or flared during an emergency or malfunction to the
				division pursuant to Paragraph (1) of Subsection G of 19.15.27.8
				NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 28 - NATURAL GAS GATHERING SYSTEMS › Section 19.15.28.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
19.15.28 NMAC applies to persons engaged in natural gas
				  gathering and processing within New Mexico.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 28 - NATURAL GAS GATHERING SYSTEMS › Section 19.15.28.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
19.15.28 NMAC is adopted pursuant to the Oil and Gas Act,
				  Section
				  70-2-6,
				  Section
				  70-2-11
				  and Section
				  70-2-12
				  NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 28 - NATURAL GAS GATHERING SYSTEMS › Section 19.15.28.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
May 25, 2021, 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 28 - NATURAL GAS GATHERING SYSTEMS › Section 19.15.28.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To regulate the venting and flaring of natural gas from
				  natural gas gathering systems to prevent waste and protect public health and
				  the environment.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 28 - NATURAL GAS GATHERING SYSTEMS › Section 19.15.28.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Terms shall have the meaning specified in 19.15.2 NMAC
				  except as specified below.
A.
"ALARM"
means advanced leak and repair monitoring technology for
				detecting natural gas leaks or releases that is not required by applicable
				state or federal law, rule, or regulation and which the division has approved
				as eligible to earn a credit against the reported volume of lost natural gas
				pursuant to Paragraph (3) of Subsection B of 19.15.28.10 NMAC.
B.
"AVO"
means audio, visual and
				olfactory.
C.
"Custody
				transfer point"
means the transfer of natural gas from upstream
				separation, processing, treatment, or in-field gathering to a pipeline or any
				other form of transportation occurring at sales metering equipment.
D.
"Emergency"
means a
				temporary, infrequent, and unavoidable event in which the loss of natural gas
				is uncontrollable or necessary to avoid a risk of an immediate and substantial
				adverse impact on safety, public health or the environment, but does not
				include an event arising from or related to:
(1) the operator's failure to install
				appropriate equipment of sufficient capacity to accommodate the anticipated or
				actual rate and pressure of the natural gas gathering system;
(2) the operator's failure to limit the
				gathering of natural gas when the volume of natural gas exceeds the capacity of
				the natural gas gathering system;
(3) scheduled maintenance;
(4) unscheduled maintenance or a malfunction
				that results in venting or flaring of natural gas by an upstream operator for
				which the operator fails to comply with Paragraph (2) of Subsection D of
				19.15.28.8 NMAC;
(5) the operator's
				negligence;
(6) recurring equipment
				failure; 4 or more times within a single reporting area within the preceding 30
				days pursuant to Subsection A of 19.15.28.10 NMAC; or
(7) Four or more emergencies within a single
				reporting area pursuant to Subsection A of 19.15.28.10 NMAC experienced by the
				operator within the preceding 30 days, unless the division determines the
				operator could not have reasonably anticipated the current event and it was
				beyond the operator's control.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 28 - NATURAL GAS GATHERING SYSTEMS › Section 19.15.28.8 - VENTING AND FLARING OF NATURAL GAS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Venting or flaring of natural gas from a
				natural gas gathering system that constitutes waste as defined in 19.15.2 NMAC
				and is prohibited. The operator has a general duty to maximize the gathering of
				natural gas by minimizing the waste of natural gas through venting and flaring.
				The operator may vent or flare natural gas only as authorized in Subsection B
				of 19.15.28.8 NMAC. In all circumstances, the operator shall flare rather than
				vent natural gas except when flaring is technically infeasible or would pose a
				risk to safe operations or personnel safety and venting is a safer alternative
				than flaring.
B. The operator shall
				not flare or vent natural gas except:
(1)
				during an emergency or malfunction; or
(2) during the following activities unless
				prohibited by applicable state and federal law, rule, or regulation for the
				emission of hydrocarbons and volatile organic compounds:
(a) repair and maintenance, including blowing
				down and depressurizing equipment to perform repair or maintenance;
(b) normal operation of a gas-activated
				pneumatic controller or pump;
(c)
				normal operation of dehydration units and amine treatment units;
(d) normal operation of compressors,
				compressor engines, and turbines;
(e) normal operation of valves, flanges, and
				connectors that are not the result of inadequate equipment design or
				maintenance;
(f) normal operation
				of a storage tank or other low-pressure production vessel, but not including
				venting from a thief hatch that is not properly closed or maintained on an
				established schedule;
(g) gauging
				or sampling a storage tank or other low-pressure vessel;
(h) loading out liquids from a storage tank
				or other low-pressure vessel to a transport vehicle;
(i) normal operations of valves, flanges or
				connectors that are not the result of inadequate equipment design or
				maintenance;
(j) blow down to
				repair a gathering pipeline;
(k)
				pigging a gathering pipeline;
(l)
				purging a gathering pipeline; or
(m) commissioning of pipelines, equipment, or
				facilities only for as long as necessary to purge introduced impurities from
				the pipeline or equipment.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 28 - NATURAL GAS GATHERING SYSTEMS › Section 19.15.28.9 - LOCATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				operator shall file with the division a GIS digitally formatted as-built map:
(1) for a new gathering pipeline or natural
				gas gathering system, no later than 90 days after placing the gathering
				pipeline or system into service;
(2) for an existing gathering pipeline or
				natural gas gathering system no later than 90 days after May 25, 2021;
				and
(3) for an addition to an
				existing gathering pipeline or natural gas gathering system, no later than 90
				days after placing the addition into service.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 28 - NATURAL GAS GATHERING SYSTEMS › Section 19.15.28.10 - STATEWIDE NATURAL GAS CAPTURE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Statewide natural gas capture
				requirements.
Commencing April 1, 2022, the operator of a natural gas
				gathering system shall reduce the annual volume of vented and flared natural
				gas in order to capture no less than ninety-eight percent of the natural gas
				gathered in each of two reporting areas, one north and one south of the
				Township 10 North line, by December 31, 2026. The division shall calculate and
				publish on the division's website each operator's baseline natural gas capture
				rate based on the operator's fourth quarter 2021 and first quarter 2022
				quarterly reports as per Paragraph (2) of Subsection G of 19.15.28.8 NMAC. In
				each calendar year between January 1, 2022 and December 31, 2026, the operator
				shall increase its annual percentage of natural gas captured in each reporting
				area in which it operates based on the following formula: (baseline loss rate
				minus two percent) divided by five, except that for 2022 only, an operator's
				percentage of natural gas captured shall not be less than seventy-five percent
				of the annual gas capture percentage increase (2022 baseline loss rate minus
				two percent divided by five times 0.75), and the balance shall be captured in
				2023.
(1) The following table provides
				examples of the formula based on a range of baseline natural gas capture rates.
Baseline Natural Gas
Capture Rate
Minimum Required Annual Natural Gas Capture
								Percentage Increase
90-98%
0-1.6%
80-89%
>1.6-3.6%
70-79%
>3.6-5.6%
0-69%
>5.6-19.6%
(2)
				If the operator's baseline capture rate is less than sixty percent, the
				operator shall submit by the specified date to the division for approval, a
				plan to meet the minimum required annual capture percentage increase.
(3) An operator's acquisition or sale of a
				natural gas gathering system from another operator shall not affect its annual
				natural gas capture requirements. No later 60 days following the acquisition or
				sale, the operator may file a written request to the division requesting to
				modify its annual gas capture percentage requirements for good cause based on
				its acquisition or sale. The division may approve, approve with conditions, or
				deny the request in its sole discretion.
(4) Operators that are affiliated shall
				consolidate their natural gas capture reporting and compliance
				obligations.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 29 - RELEASE NOTIFICATION › Section 19.15.29.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
19.15.29 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 29 - RELEASE NOTIFICATION › Section 19.15.29.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
19.15.29 NMAC is adopted pursuant to the Oil and Gas Act,
				  Section
				  70-2-11
				  NMSA 1978 (1977) and Section
				  70-2-12
				  NMSA 1978 (2004).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 29 - RELEASE NOTIFICATION › Section 19.15.29.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To prohibit releases and require persons who operate or
				  control the release or the location of the release to report the unauthorized
				  release of oil, gases, produced water, condensate or oil field waste including
				  regulated NORM or other oil field related chemicals, contaminants or mixtures
				  of those chemicals or contaminants that occur during drilling, producing,
				  storing, disposing, injecting, transporting, servicing or processing and to
				  establish procedures for reporting, site assessment, remediation, closure,
				  variance and enforcement.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 29 - RELEASE NOTIFICATION › Section 19.15.29.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Major
				release"
means:
(1) an unauthorized
				release of a volume, excluding gases, of 25 barrels or more;
(2) an unauthorized release of a volume that:
(a) results in a fire or is the result of a
				fire;
(b) may with reasonable
				probability reach a watercourse;
(c) may with reasonable probability endanger
				public health; or
(d) substantially
				damages property or the environment;
(3) an unauthorized release of gases
				exceeding 500 MCF; or
(4) a release
				of a volume that may with reasonable probability be detrimental to fresh
				water.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 29 - RELEASE NOTIFICATION › Section 19.15.29.8 - RELEASES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Prohibition.
Except as provided in 19.15.27 NMAC or 19.15.28 NMAC,
				major releases and minor releases are prohibited.
B.
Requirements.
For all
				releases regardless of volume, the responsible party shall comply with
				19.15.29.8 NMAC and shall remediate the release. For major and minor releases,
				the responsible party shall also comply with
				19.15.29.9,
				19.15.29.10,
				19.15.29.11,
				19.15.29.12
				and
				19.15.29.13
				NMAC.
C.
Initial
				response.
The responsible party must take the following immediate
				actions unless the actions could create a safety hazard that would result in
				injury.
(1)
Source elimination and site
				security.
The responsible party must take appropriate measures to stop
				the source of the release and limit access to the site as necessary to protect
				human health and the environment.
(2)
Containment.
Once the site
				is secure, the responsible party must contain the materials released by
				construction of berms or dikes, the use of absorbent pads or other containment
				actions to limit the area affected by the release and prevent potential fresh
				water contaminants from migrating to watercourses or areas that could pose a
				threat to public health and environment. The responsible party must monitor the
				containment to ensure that it is effectively containing the material and not
				being degraded by weather or onsite activity.
(3)
Site stabilization.
After
				containment, the responsible party must recover any free liquids and
				recoverable materials that can be physically removed from the surface within
				the containment area. The responsible party must deliver material removed from
				the site to a division-approved facility.
(4)
Remediation.
The responsible
				party may commence remediation immediately.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 29 - RELEASE NOTIFICATION › Section 19.15.29.9 - RELEASE NOTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				responsible party must notify the division on form C-141 of a major or minor
				release occurring during the drilling, producing, storing, disposing,
				injecting, transporting, servicing or processing of oil, gases, produced water,
				condensate or oil field waste including regulated NORM, or other oil field
				related chemicals, contaminants or mixture of the chemicals or contaminants, in
				accordance with the requirements of 19.15.29 NMAC.
B. If state, federal or tribal lands are
				involved, the responsible party must send a copy of the form C-141 to the
				appropriate land managing agency including the state land office, the BLM or
				tribal authority, as applicable.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 29 - RELEASE NOTIFICATION › Section 19.15.29.10 - RELEASE NOTIFICATION REPORTING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
The responsible party must notify the division of releases
				  in
				  19.15.29.9
				  NMAC as follows.
A.
Reporting a
				major release.
(1) The responsible
				party must notify the division's environmental bureau chief and the appropriate
				division district office verbally or by e-mail within 24 hours of discovery of
				the release. The notification must provide the information required on form
				C-141.
(2) The responsible party
				must also notify the appropriate division district office in writing within 15
				days of discovering the release by completing and filing form C-141. The
				written notification must verify the prior verbal or e-mail notification and
				include additions or corrections to the information contained in the prior
				verbal or e-mail notification.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 29 - RELEASE NOTIFICATION › Section 19.15.29.12 - REMEDIATION AND CLOSURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				responsible party must remediate all releases regardless of volume.
B.
Remediation requirements.
(1) Unless remediation is completed, and a
				final closure report submitted, within 90 days of discovery of the release, the
				responsible party must complete division-approved remediation for releases
				either pursuant to a remediation plan approved pursuant to 19.15.29.12 NMAC or
				pursuant to an abatement plan in accordance with 19.15.30 NMAC. If the director
				determines that the release has caused water pollution in excess of the
				standards and requirements of 19.15.30 NMAC, the director may notify the
				responsible party that an abatement plan may be required pursuant to 19.15.30
				NMAC.
(2) Any remediation under
				19.15.29 NMAC should be completed as soon as practicable. Any remediation that
				exceeds 90 days must follow the division-approved timeline in the remediation
				plan. The responsible party may request an extension of time to remediate upon
				a showing of good cause as determined by the division.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 29 - RELEASE NOTIFICATION › Section 19.15.29.13 - RESTORATION, RECLAMATION AND RE-VEGETATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The responsible party must substantially
				restore the impacted surface areas to the condition that existed prior to the
				release or their final land use. Restoration of the site must include the
				replacement of removed material and must be replaced to the near original
				relative positions and contoured to achieve erosion control, long-term
				stability and preservation of surface water flow patterns.
B. Areas reasonably needed for production
				operations or for subsequent drilling operations must be compacted, covered,
				paved or otherwise stabilized and maintained in such a way as to minimize dust
				and erosion to the extent practical.
C. The responsible party must construct the
				soil cover to the site's existing grade and prevent ponding of water and
				erosion of the cover material.
D.
Reclamation of areas no longer in use.
The responsible party shall
				reclaim all areas disturbed by the remediation and closure, except areas
				reasonably needed for production operations or for subsequent drilling
				operations, as early and as nearly as practical to their original condition or
				their final land use and maintain those areas to control dust and minimize
				erosion to the extent practical.
(1) The
				reclamation must contain a minimum of four feet of non-waste containing,
				uncontaminated, earthen material with chloride concentrations less than 600
				mg/kg as analyzed by EPA Method 300.0, or other test methods approved by the
				division. The soil cover must include a top layer, which is either the
				background thickness of topsoil or one foot of suitable material to establish
				vegetation at the site, whichever is greater.
(2)The responsible party must reseed
				disturbed area in the first favorable growing season following closure of the
				site.
(3) The division will
				consider reclamation of all disturbed areas complete when uniform vegetative
				cover has been established that reflects a life-form ratio of plus or minus
				fifty percent of pre-disturbance levels and a total percent plant cover of at
				least seventy percent of pre-disturbance levels, excluding noxious
				weeds.
(4) For any major or minor
				release containing liquids, the responsible party must notify the division when
				reclamation and re-vegetation are complete.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 29 - RELEASE NOTIFICATION › Section 19.15.29.14 - VARIANCES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A responsible
				party may file a written request for a variance from any requirement of
				19.15.29 NMAC with the appropriate division district office. The variance
				request must include:
(1) a detailed
				statement explaining the need for a variance; and
(2) a detailed written demonstration that the
				variance will provide equal or better protection of fresh water, public health
				and the environment.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 29 - RELEASE NOTIFICATION › Section 19.15.29.15 - ENFORCEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The responsible
				party must comply with all the requirements of 19.15.29 NMAC. The division may
				take enforcement action pursuant to
				19.15.5.10
				NMAC against any responsible party who does not comply with 19.15.29
				NMAC.
B. A responsible party may
				enter a stipulated final order with the division for any violation of 19.15.29
				NMAC, except for
				19.15.29.9
				NMAC. An agreed compliance order may be entered prior to or after the filing of
				an application by the division or any other party for an administrative
				compliance proceeding. Any administrative compliance order will have the same
				force and effect as a compliance order issued after an adjudicatory
				hearing.
C. The director or the
				director's designee may deny any application or permit, including but not
				limited to, a permit to drill, deepen or plug back a well if the responsible
				party is not in compliance with a court order or final order arising from
				19.15.29 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 29 - RELEASE NOTIFICATION › Section 19.15.29.16 - TRANSITIONAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Responsible parties with current ongoing corrective actions/remediation with
				approved plans and timelines as of August 14, 2018 do not have to submit
				revised plans.
B. Responsible
				parties with ongoing corrective actions/remediation without approved timelines
				or plans as of August 14, 2018 must submit a characterization plan or
				corrective action/remediation plan with proposed timeframes within 90 days of
				August 14, 2018.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 30 - REMEDIATION › Section 19.15.30.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
19.15.30 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 30 - REMEDIATION › Section 19.15.30.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
19.15.30 NMAC is adopted pursuant to the Oil and Gas Act,
				  NMSA 1978, Sections
				  70-2-6,
				  70-2-11
				  and
				  70-2-12
.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 30 - REMEDIATION › Section 19.15.30.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To abate pollution of subsurface water so that ground water
				  of the state that has a background concentration of 10,000 mg/l or less TDS is
				  either remediated or protected for use as domestic, industrial and agricultural
				  water supply, and to remediate or protect those segments of surface waters that
				  are gaining because of subsurface-water inflow for uses designated in the water
				  quality standards for interstate and intrastate surface waters in New Mexico,
				  20.6.4 NMAC; and abate surface-water pollution so that surface waters of the
				  state are remediated or protected for designated or attainable uses as defined
				  in the water quality standards for interstate and intrastate surface waters in
				  New Mexico, 20.6.4 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 30 - REMEDIATION › Section 19.15.30.8 - PREVENTION AND ABATEMENT OF WATER POLLUTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. If the background concentration of a water
				contaminant exceeds the standard or requirement of Subsections A, B or C of
				19.15.30.9 NMAC, the responsible person shall abate the pollution to the
				background concentration.
B. The
				standards and requirements set forth in of Subsections A, B or C of 19.15.30.9
				NMAC are not intended as maximum ranges and concentrations for use, and nothing
				contained in 19.15.30.9 NMAC limits the use of waters containing higher ranges
				and concentrations.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 30 - REMEDIATION › Section 19.15.30.9 - ABATEMENT STANDARDS AND REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The responsible person shall abate the
				vadose zone so that water contaminants in the vadose zone will not with
				reasonable probability contaminate ground water or surface water, in excess of
				the standards in Subsections B and C of 19.15.30.9 NMAC, through leaching,
				percolation or other transport mechanisms, or as the water table elevation
				fluctuates.
B. The responsible
				person shall abate ground-water pollution at a place of withdrawal for present
				or reasonably foreseeable future use, where the TDS concentration is 10,000
				mg/l or less, to conform to the following standards:
(1) toxic pollutants as defined in 20.6.2.7
				NMAC shall not be present; and
(2)
				the standards of 20.6.2.3103 NMAC shall be met.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 30 - REMEDIATION › Section 19.15.30.10 - MODIFICATION OF ABATEMENT STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
If applicable abatement standards are modified after the
				  division approves the abatement measures, the abatement standards that are in
				  effect at the time that the division approved the abatement measures shall be
				  the abatement standards for the duration of the abatement action, unless the
				  director determines that compliance with those standards may with reasonable
				  probability create a present or future hazard to public health or the
				  environment. In an appeal of the director's determination that additional
				  actions are necessary, the director shall have the burden of
				  proof.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 30 - REMEDIATION › Section 19.15.30.11 - ABATEMENT PLAN REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Unless otherwise provided by 19.15.30 NMAC responsible persons who are abating,
				or who are required to abate, water pollution in excess of the standards and
				requirements set forth in 19.15.30.9 NMAC shall do so pursuant to an abatement
				plan the director approves. When the director has approved an abatement plan,
				the responsible person's actions leading to and including abatement shall be
				consistent with the abatement plan's terms and conditions.
B. In the event of a transfer of the
				ownership, control or possession of a facility for which an abatement plan is
				required or approved, where the transferor is a responsible person, the
				transferee also shall be considered a responsible person for the abatement
				plan's duration, and may jointly share the responsibility to conduct the
				actions 19.15.30 NMAC requires with other responsible persons.
(1) The transferor shall notify the
				transferee in writing at least 30 days prior to the transfer that the division
				has required or approved an abatement plan for the facility, and shall deliver
				or send by certified mail to the director a copy of the notification together
				with a certificate or other proof that the transferee has received the
				notification.
(2) The transferor
				and transferee may agree to a designated responsible person who shall assume
				the responsibility to conduct the actions 19.15.30 NMAC requires. The
				responsible persons shall notify the director in writing if a designated
				responsible person is agreed upon.
(3) If the director determines that the
				designated responsible person has failed to conduct the actions 19.15.30 NMAC
				requires, the director shall notify all responsible persons of this failure in
				writing and allow them 30 days, or longer for good cause shown, to conduct the
				required actions before setting a show cause hearing requiring those
				responsible persons to appear and show cause why they should not be ordered to
				comply, a penalty should not be assessed, a civil action should not be
				commenced in district court or the division should not take other appropriate
				action.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 30 - REMEDIATION › Section 19.15.30.12 - EXEMPTIONS FROM ABATEMENT PLAN REQUIREMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Except as provided in Subsection B of
				19.15.30.12 NMAC, 19.15.30.11 NMAC and 19.15.30.13 NMAC do not apply to a
				person who is abating water pollution:
(1)
				from an underground storage tank, under the authority of the New Mexico
				environmental improvement board's underground storage tank rules, 20.5 NMAC, or
				in accordance with the Ground Water Protection Act, NMSA 1978, Section
				74-6B-1
et seq.
;
(2) under
				the EPA's authority pursuant to either the Federal Comprehensive Environmental
				Response, Compensation and Liability Act, and amendments, or RCRA;
(3) pursuant to the New Mexico environmental
				improvement board's hazardous waste management rule, 20.4.1 NMAC;
(4) under the authority of the United States
				nuclear regulatory commission or the United States department of energy
				pursuant to the Atomic Energy Act;
(5) under the authority of a ground-water
				discharge plan the director approved, provided that such abatement is
				consistent with the requirements and provisions of 19.15.30.8 NMAC, 19.15.30.9
				NMAC, Subsections C and D of 19.15.30.13 NMAC, 19.15.30.14 NMAC and 19.15.30.19
				NMAC;
(6) under the authority of a
				letter of understanding, settlement agreement or administrative order on
				consent or other agreement signed by the director or director's designee prior
				to March 15, 1997, provided that abatement is being performed in compliance
				with the terms of the letter of understanding, settlement agreement or
				administrative order or other agreement on consent; and
(7) on an emergency basis, or while abatement
				plan approval is pending, or in a manner that will likely result in compliance
				with the standards and requirements set forth in 19.15.30.9 NMAC within one
				year after notice is required to be given pursuant to 19.15.29.9 NMAC provided
				that the division does not object to the abatement action.