reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 30 - REMEDIATION › Section 19.15.30.13 - ABATEMENT PLAN PROPOSAL

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Except as provided for in 19.15.30.12 NMAC a responsible person shall, within
				60 days of receipt of the director's written notice that the division requires
				an abatement plan, submit an abatement plan proposal to the director for
				approval. The responsible person may submit stage 1 and stage 2 abatement plan
				proposals together. For good cause shown, the director may allow for a total of
				120 days to prepare and submit the abatement plan proposal.
B. Voluntary abatement.
(1) A person wishing to abate water pollution
				in excess of the standards and requirements set forth in 19.15.30.9 NMAC may
				submit a stage 1 abatement plan proposal to the director for approval.
				Following the director's approval of a final site investigation report prepared
				pursuant to stage 1 of an abatement plan, a person may submit a stage 2
				abatement plan proposal to the director for approval.
(2) Following approval of a stage 1 or stage
				2 abatement plan proposal under Paragraph (1) of Subsection B of 19.15.30.13
				NMAC the person submitting the approved plan shall be a responsible person
				under 19.15.30 NMAC for the purpose of performing the approved stage 1 or stage
				2 abatement plan. Nothing in 19.15.30 NMAC precludes the director from applying
				19.15.29.11 NMAC to a responsible person if applicable.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 30 - REMEDIATION › Section 19.15.30.14 - OTHER REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				responsible person shall allow the director's authorized representative upon
				presentation of proper credentials and with reasonable prior notice to:
(1) enter the facility at reasonable
				times;
(2) inspect and copy records
				an abatement plan requires;
(3)
				inspect treatment works, monitoring and analytical equipment;
(4) sample wastes, ground water, surface
				water, stream sediment, plants, animals or vadose-zone material including
				vadose-zone vapor;
(5) use
				monitoring systems and wells under the responsible person's control in order to
				collect samples of media listed in Paragraph (4) of Subsection A of 19.15.30.14
				NMAC; and
(6) gain access to
				off-site property the responsible person does not own or control, but is
				accessible to the responsible person through a third-party access agreement,
				provided that the agreement allows it.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 30 - REMEDIATION › Section 19.15.30.15 - PUBLIC NOTICE AND PARTICIPATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Prior to public notice, the applicant
				shall give written notice, as approved by the division, of stage 1 and stage 2
				abatement plans to the following persons:
(1)
				surface owners of record within one mile of the perimeter of the geographic
				area where the standards and requirements set forth in 19.15.30.9 NMAC are
				exceeded;
(2) the county commission
				where the geographic area where the standards and requirements set forth in
				19.15.30.9 NMAC are exceeded is located;
(3) the appropriate city officials if the
				geographic area where the standards and requirements set forth in 19.15.30.9
				NMAC are exceeded is located or is partially located within city limits or
				within one mile of the city limits;
(4) those persons, the director identifies,
				who have requested notification, who shall be notified by mail;
(5) the New Mexico trustee for natural
				resources, and other local, state or federal governmental agencies affected, as
				the director identifies, which shall be notified by certified mail;
(6) the governor or president of a tribe,
				pueblo or nation if the geographic area where the standards and requirements
				set forth in 19.15.30.9 NMAC are exceeded is located or is partially located
				within tribal boundaries or within one mile of the tribal boundaries, who shall
				be notified by certified mail;
(7)
				the director may extend the distance requirements for notice if the director
				determines the proposed abatement plan has the potential to adversely impact
				public health or the environment at a distance greater than one mile. The
				director may require additional notice as needed. The applicant shall furnish a
				copy and proof of the notice to the division.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 30 - REMEDIATION › Section 19.15.30.16 - DIRECTOR APPROVAL OR NOTICE OF DEFICIENCY OF SUBMITTALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The director
				shall, within 60 days after receiving an administratively complete stage 1
				abatement plan, a site investigation report, a technical infeasibility
				demonstration or an abatement completion report approve the document, or notify
				the responsible person of the document's deficiency, based upon the information
				available.
B. If the division does
				not hold a public hearing pursuant to Subsection C of 19.15.30.15 NMAC then the
				director shall, within 90 days after receiving a stage 2 abatement plan
				proposal, approve the plan, or notify the responsible person of the plan's
				deficiency, based upon the information available.
C. If the division holds a public hearing
				pursuant to Subsection C of 19.15.30.15 NMAC then the director shall, within 60
				days after receiving the required information, approve stage 2 of the abatement
				plan proposal, or notify the responsible person of the plan's deficiency, based
				upon the information contained in the plan and the information submitted at the
				hearing.
D. If the director
				notifies a responsible person of a deficiency in a site investigation report,
				or in a stage 1 or stage 2 abatement plan proposal, the responsible person
				shall submit a modified document to cure the deficiencies the director
				specifies within 30 days after receiving the notice of deficiency. The
				responsible person is in violation of 19.15.30 NMAC if the responsible person
				fails to submit a modified document within the required time, or if the
				responsible person does not in the modified document make a good faith effort
				to cure the deficiencies the director specified.
E. Provided that the responsible person meets
				the other requirements of 19.15.30 NMAC and provided further that stage 2 of
				the abatement plan, if implemented, shall result in the standards and
				requirements set forth in 19.15.30.9 NMAC being met within a schedule that is
				reasonable given the site's particular circumstances, the director shall
				approve the plan.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 30 - REMEDIATION › Section 19.15.30.17 - INVESTIGATION AND ABATEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A responsible person who receives the division's approval for
				  stage 1 or stage 2 of an abatement plan shall conduct investigation, abatement,
				  monitoring and reporting activities in compliance with 19.15.30 NMAC and
				  according to the terms and schedules contained in the approved abatement
				  plans.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 30 - REMEDIATION › Section 19.15.30.18 - ABATEMENT PLAN MODIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The division may modify an approved abatement plan at the responsible person's
				written request in accordance with 19.15.30 NMAC with the director's written
				approval.
B. If data the
				responsible person submitted pursuant to monitoring requirements specified in
				the approved abatement plan or other information available to the director
				indicates that the abatement action is ineffective, or is creating unreasonable
				injury to or interference with health, welfare, environment or property, the
				director may require a responsible person to modify an abatement plan within
				the shortest reasonable time so as to effectively abate water pollution that
				exceeds the standards and requirements set forth in 19.15.30.9 NMAC, and to
				abate and prevent unreasonable injury to or interference with health, welfare,
				environment or property.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 30 - REMEDIATION › Section 19.15.30.19 - COMPLETION AND TERMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				division shall consider abatement complete when the responsible person meets
				the standards and requirements set forth in 19.15.30.9 NMAC. At that time, the
				responsible person shall submit an abatement completion report, documenting
				compliance with the standards and requirements set forth in 19.15.30.9 NMAC, to
				the director for approval. The abatement completion report also shall propose
				changes to long-term monitoring and site maintenance activities, if needed, to
				be performed after the abatement plan's termination.
B. Provided that the responsible person meets
				the other requirements of 19.15.30 NMAC and provided further that the
				responsible person has met the standards and requirements set forth in
				19.15.30.9 NMAC, the director shall approve the abatement completion report.
				When the director approves the abatement completion report, the director shall
				also notify the responsible person in writing that the abatement plan is
				terminated.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 30 - REMEDIATION › Section 19.15.30.20 - DISPUTE RESOLUTION

Current through Register Vol. 35, No. 13, July 16, 2024
In the event of a technical dispute regarding the
				  requirements of 19.15.29 NMAC,
				  19.15.30.9
				  NMAC,
				  19.15.30.12
				  NMAC,
				  19.15.30.13
				  NMAC,
				  19.15.30.18
				  NMAC or
				  19.15.30.19
				  NMAC, including notices of deficiency, the responsible person may notify the
				  director by certified mail that a dispute has arisen, and the responsible
				  person desires to invoke the dispute resolution provisions of 19.15.30.20 NMAC
				  provided that the responsible person shall send the notification within 30 days
				  after the responsible person receives the director's decision that causes the
				  dispute. Upon the notification, the deadlines affected by the technical dispute
				  shall be extended for a 30 day negotiation period, or for a maximum of 60 days
				  if approved by the director for good cause shown. During this negotiation
				  period, the director or the director's designee and the responsible person
				  shall meet at least once. A mutually agreed upon third part may facilitate the
				  meeting, but the third party shall assume no power or authority granted or
				  delegated to the director by the Oil and Gas Act or by the division or
				  commission. If the dispute remains unresolved after the negotiation period, the
				  director's decision shall be final.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 30 - REMEDIATION › Section 19.15.30.21 - APPEALS FROM DIRECTOR'S AND DIVISION'S DECISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. If the director
(1) determines that an abatement plan is
				required pursuant to 19.15.29.11 NMAC;
(2) approves or provides notice of deficiency
				of a proposed abatement plan, technical infeasibility demonstration or
				abatement completion report; or
(3)
				modifies or terminates an approved abatement plan
the director shall provide written notice of the action by
				  certified mail to the responsible person and other persons who participated in
				  the action.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 34 - PRODUCED WATER, DRILLING FLUIDS AND LIQUID OIL FIELD WASTE › Section 19.15.34.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Energy, Minerals and Natural Resources Department, Oil
				  Conservation Commission.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 34 - PRODUCED WATER, DRILLING FLUIDS AND LIQUID OIL FIELD WASTE › Section 19.15.34.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
19.15.34 NMAC applies to the transportation, disposal,
				  recycling, re-use or the direct surface or subsurface disposition of produced
				  water in connection with the development or production of oil or gas or both.
				  19.15.34 NMAC also applies to the transportation of drilling fluids and liquid
				  oil field waste. 19.15.34 NMAC does not authorize any transportation, disposal,
				  recycling, re-use or disposition of produced water that is not directly within
				  the jurisdiction of the division.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 34 - PRODUCED WATER, DRILLING FLUIDS AND LIQUID OIL FIELD WASTE › Section 19.15.34.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
19.15.34 NMAC is adopted pursuant to the Oil and Gas Act,
				  Paragraph (15) of Subsection B of Section
				  70-2-12
				  NMSA 1978, which authorizes the division to regulate the disposition, handling,
				  transport, storage, recycling, treatment and disposal of produced water during,
				  or for re-use in, the exploration, drilling, production, treatment or
				  refinement of oil or gas in a manner that protects public health, the
				  environment and fresh water resources and Paragraph (21) of Subsection B of
				  Section
				  70-2-12
				  NMSA 1978 which authorizes the regulation of the disposition of nondomestic
				  wastes from the exploration, development, production or storage of crude oil or
				  natural gas.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 34 - PRODUCED WATER, DRILLING FLUIDS AND LIQUID OIL FIELD WASTE › Section 19.15.34.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 31, 2015, 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 34 - PRODUCED WATER, DRILLING FLUIDS AND LIQUID OIL FIELD WASTE › Section 19.15.34.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To encourage the recycling or re-use of produced water in a
				  manner that protects public health, the environment and fresh water resources
				  and establish procedures by which persons may transport, recycle, reuse and
				  dispose produced water, drilling fluids and other liquid oil field waste in
				  activities within the jurisdiction of the division.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 34 - PRODUCED WATER, DRILLING FLUIDS AND LIQUID OIL FIELD WASTE › Section 19.15.34.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
These definitions apply to
				  19.15.34.2 NMAC
				  through
				  19.15.34.21 NMAC. See
				  19.15.2.7
				  NMAC for additional definitions.
A.
"Recycling facility"
is a stationary or portable facility used
				exclusively for the treatment, re-use or recycling of produced water. A
				recycling facility does not include oilfield equipment such as separators,
				heater treaters and scrubbers in which produced water may be used.
B.
"Recycling containment"
is a
				storage containment which incorporates a synthetic liner as the primary and
				secondary containment device and is used solely in conjunction with a recycling
				facility for the storage, treatment or recycling of produced water only for the
				purpose of drilling, completion, production or plugging of wells used in
				connection with the development of oil or gas or both.
C.
"Treatment"
refers to the
				reconditioning of produced water to a reusable form and may include mechanical
				and chemical processes.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 34 - PRODUCED WATER, DRILLING FLUIDS AND LIQUID OIL FIELD WASTE › Section 19.15.34.8 - REQUIREMENTS FOR RE-USE, RECYCLING OR DISPOSAL OF PRODUCED WATER

Current through Register Vol. 35, No. 13, July 16, 2024
A. Recycling or
				re-use of produced water.
(1) No permit or
				registration is required from the division for the re-use of produced water for
				drilling, completion, production, pressure maintenance, secondary recovery or
				enhanced recovery of oil or natural gas or plugging of wells pursuant to
				19.15.34 NMAC.
(2) Any other re-use
				of produced water within the jurisdiction of the division requires prior
				approval by the division on form C-147. Approval requirements will be
				determined by the division based upon the proposed use.
(3) Research using produced water is to be
				encouraged through pilot projects approved by the division.
(4) All produced water for recycling or
				re-use shall be handled and stored in a manner that protects public health, the
				environment and fresh water resources.
(5) All operations in which produced water is
				used shall be conducted in a manner consistent with hydrogen sulfide gas
				provisions in 19.15.11 NMAC or NORM provisions in 19.15.35 NMAC, as
				applicable.
(6) All releases from
				the recycling and re-use of produced water within the jurisdiction of the
				division shall be handled in accordance with 19.15.29 NMAC. If the release is
				detrimental to ground or surface waters, the responsible party must send a copy
				of the form C-141 to the New Mexico environment department, as applicable, in
				accordance with 19.15.29 NMAC.
(7)
				Any release, discharge, handling, transport, storage, recycling or treatment
				for the disposition of treated produced water, including disposition in road
				construction maintenance, roadway ice or dust control or other construction, or
				in the application of treated produced water to land, for activities unrelated
				to the exploration, drilling, production, treatment or refinement of oil or gas
				is subject to rules adopted by the water quality control commission.
(8) Surface application of produced water or
				recycled produced water is prohibited on any facility within the jurisdiction
				of the division.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 34 - PRODUCED WATER, DRILLING FLUIDS AND LIQUID OIL FIELD WASTE › Section 19.15.34.9 - RECYCLING FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Except
				where recycling facilities are part of a permitted operation for the drilling,
				completing, producing or plugging of oil and gas wells, all recycling
				facilities shall be permitted or registered with the division district office.
				Division form C-147 shall be used for registration, financial assurance or for
				a permit if not associated with the drilling, completing, producing and
				plugging of oil and gas wells. All operators or owners of the facility shall be
				named in the form C-147.
B. In
				addition to the other applicable rule requirements, registration of a recycling
				facility is required in the following circumstances:
(1) when the recycling facility is an
				addition to a surface waste management facility permitted under 19.15.36
				NMAC;
(2) when the recycling
				facility is an addition to the secondary recovery of oil and gas, enhanced oil
				recovery of oil and gas or pressure maintenance projects permitted under
				19.15.26 NMAC;
(3) when the
				recycling facility is an addition to a produced water disposal well permitted
				under 19.15.26 NMAC;
(4) when the
				recycling facility is an addition to pits permitted or below-grade tanks
				registered in accordance with 19.15.17 NMAC;
(5) when the recycling facility is used with
				a closed loop system that only delivers fluid for drilling or completion
				purposes;
(6) when the recycling
				facility is used with dedicated above ground, unlined, hard-sided tanks used in
				accordance with the manufacturer's standards that are externally visually
				inspected weekly when holding fluids and a log is kept of the inspections made
				available to the division upon request; or
(7) when the recycling facility is used with
				a recycling containment registered in accordance with 19.15.34 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 34 - PRODUCED WATER, DRILLING FLUIDS AND LIQUID OIL FIELD WASTE › Section 19.15.34.10 - RECYCLING CONTAINMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				recycling containments shall be registered on form C-147. All operators or
				owners shall be named in the form C-147. The C-147 form shall require
				documentation that the containment will meet the requirements of 19.15.34.11
				through 19.15.34.15 NMAC. At the time the C-147 is submitted to the division, a
				copy shall be provided to the surface owner.
B. Recycling containments may hold produced
				water for use in connection with drilling, completion, producing or processing
				oil or gas or both. Such fluids may include fresh water, brackish water,
				recycled and treated water, fluids added to water to facilitate well drilling
				or completion, water produced with oil and gas, flowback from operations, water
				generated by an oil or gas processing facility or other waters that are
				gathered for well drilling or completion but may not include any hazardous
				waste.
C. Registered recycling
				containments may be operated for five years from the date on which the
				registration is filed with the division. The operator may extend the allowed
				time on an annual basis thereafter with division approval if, 30 days prior to
				the registration expiration, the operator files a form C-147 with an attached
				summary showing all monthly inspections at the containment, including the
				monitoring of the leak detection system, showing the containment's integrity
				has not been compromised.
D.
				Recycling containments may not be used for the disposal of produced water or
				other oilfield wastes.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 34 - PRODUCED WATER, DRILLING FLUIDS AND LIQUID OIL FIELD WASTE › Section 19.15.34.11 - SITING REQUIREMENTS FOR RECYCLING CONTAINMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. An operator shall not locate a recycling
				containment:
(1) where ground water is less
				than 50 feet below the bottom of the containment;
(2) within 300 feet of a continuously flowing
				watercourse, or 200 feet of any other significant watercourse or lakebed,
				sinkhole or playa lake (measured from the ordinary high-water mark);
(3) within 1000 feet of a permanent
				residence, school, hospital, institution or church in existence at the time of
				the initial registration;
(4)
				within 500 feet of a spring or fresh water well used for domestic or stock
				watering purposes in existence at the time of the initial
				registration;
(5) within
				incorporated municipal boundaries or within a defined municipal fresh water
				well field covered by a municipal ordinance adopted pursuant to Section
				3-27-3
				NMSA 1978, as amended, unless the municipality specifically approves the
				recycling containment in writing;
(6) within 500 feet of a wetland;
(7) within an area overlying a subsurface
				mine;
(8) within an unstable area
				unless the operator demonstrates that it has incorporated engineering measures
				into the design to ensure that the containment's integrity is not compromised;
				or
(9) within a 100-year
				floodplain.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 34 - PRODUCED WATER, DRILLING FLUIDS AND LIQUID OIL FIELD WASTE › Section 19.15.34.13 - OPERATIONAL REQUIREMENTS FOR RECYCLING CONTAINMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The operator shall inspect the recycling
				containment and associated leak detection systems weekly while it contains
				fluids. The operator shall maintain a current log of such inspections and make
				the log available for review by the division upon request.
B. The operator shall maintain and operate a
				recycling containment in accordance with the following requirements.
(1) The operator shall remove any visible
				layer of oil from the surface of the recycling containment.
(2) The operator shall maintain at least
				three feet of freeboard at each containment.
(3) The injection or withdrawal of fluids
				from the containment shall be accomplished through a header, diverter or other
				hardware that prevents damage to the liner by erosion, fluid jets or impact
				from installation and removal of hoses or pipes.
(4) If the containment's primary liner is
				compromised above the fluid's surface, the operator shall repair the damage or
				initiate replacement of the primary liner within 48 hours of discovery or seek
				an extension of time from the division district office.
(5) If the primary liner is compromised below
				the fluid's surface, the operator shall remove all fluid above the damage or
				leak within 48 hours of discovery, notify the division district office and
				repair the damage or replace the primary liner.
(6) The containment shall be operated to
				prevent the collection of surface water run-on.
(7) The operator shall install, or maintain
				on site, an oil absorbent boom or other device to contain an unanticipated
				release.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 34 - PRODUCED WATER, DRILLING FLUIDS AND LIQUID OIL FIELD WASTE › Section 19.15.34.14 - CLOSURE AND SITE RECLAMATION REQUIREMENTS FOR RECYCLING CONTAINMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Once the
				operator has ceased operations, the operator shall remove all fluids within 60
				days and close the containment within six months from the date the operator
				ceases operations from the containment for use. The division district office
				may grant an extension for the removal of all fluids not to exceed two months.
				The division district office may grant an extension to close the containment
				not to exceed six months. If the operator wants to use the containment for a
				purpose other than recycling then the operator must have that use approved or
				permitted by the division in accordance with the appropriate rules.
B. The operator shall close a recycling
				containment by first removing all fluids, contents and synthetic liners and
				transferring these materials to a division approved facility.
C. The operator shall test the soils beneath
				the containment for contamination with a five-point composite sample which
				includes stained or wet soils, if any, and that sample shall be analyzed for
				the constituents listed in Table I below.
(1)
				If any contaminant concentration is higher than the parameters listed in Table
				I, the division may require additional delineation upon review of the results
				and the operator must receive approval before proceeding with
				closure.
(2) If all contaminant
				concentrations are less than or equal to the parameters listed in Table I, then
				the operator can proceed to backfill with non-waste containing, uncontaminated,
				earthen material.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 34 - PRODUCED WATER, DRILLING FLUIDS AND LIQUID OIL FIELD WASTE › Section 19.15.34.15 - FINANCIAL ASSURANCE REQUIREMENTS FOR RECYCLING CONTAINMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Financial
				assurance.
(1) Containment operators without
				existing financial assurance pursuant to 19.15.8 NMAC shall furnish financial
				assurance acceptable to the division in the amount of the recycling
				containment's estimated closure cost or $25,000, whichever is
				greater.
(2) Containment operators
				providing the division with an existing financial assurance pursuant to 19.15.8
				NMAC do not require additional financial assurance. These containments are
				limited to only the wells owned or operated by the owners of the containment.
				Containments delivering fluids to wells not owned or operated by the owners or
				operators of the containment must provide financial assurance pursuant to
				Paragraph (1) of Subsection A of 19.15.34.15 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 34 - PRODUCED WATER, DRILLING FLUIDS AND LIQUID OIL FIELD WASTE › Section 19.15.34.16 - VARIANCES

Current through Register Vol. 35, No. 13, July 16, 2024
A. An operator may
				file a written request for a variance from any requirement of these rules with
				the division district office. The request for variance shall 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 34 - PRODUCED WATER, DRILLING FLUIDS AND LIQUID OIL FIELD WASTE › Section 19.15.34.17 - TRANSPORTATION OF PRODUCED WATER, DRILLING FLUIDS AND LIQUID OIL FIELD WASTE

Current through Register Vol. 35, No. 13, July 16, 2024
A. A person shall
				not transport produced water, drilling fluids or liquid oil field waste,
				including drilling fluids and residual liquids in liquid oil field equipment,
				except for small samples removed for analysis, by motor vehicle from a lease,
				central tank battery of other facility without an approved form C-133. The
				transporter shall maintain a copy of the approved form C-133 in the
				transporting vehicle.
B. A person
				may apply for authorization to move produced water, drilling fluids or liquid
				oil field waste by motor vehicle by filing a complete form C-133 with the
				division's Santa Fe office. Authorization is granted upon the division's
				approval of form C-133.
C. An owner
				or operator shall not permit produced water, drilling fluids or liquid oil
				field waste to be removed from its leases or field facilities, except for small
				samples removed for analysis, by motor vehicle except by a person possessing an
				approved form C-133. The division shall post a list of currently approved form
				C-133s, authorization to move liquid waste, on its website. The list of form
				C-133s posted on the division's website on the first business day of each month
				shall be deemed notice of valid form C-133s for the remainder of the
				month.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 34 - PRODUCED WATER, DRILLING FLUIDS AND LIQUID OIL FIELD WASTE › Section 19.15.34.18 - DENIAL OF FORM C-133

Current through Register Vol. 35, No. 13, July 16, 2024
The division may deny approval of a form C-133 if:
A. the applicant is a corporation or limited
				liability company, and is not registered with the secretary of state to do
				business in New Mexico;
B. the
				applicant is a limited partnership, and is not registered with the New Mexico
				secretary of state to do business in New Mexico;
C. the applicant does not possess a warrant
				for transportation under the state registration system the public regulation
				commission administers, if it is required to have such a permit under the
				applicable statutes or rules; or
D.
				the applicant or officer, director or partner in the applicant, or a person
				with an interest in the applicant exceeding twenty-five percent, is or was
				within the past five years an officer, director or partner in the applicant, or
				a person with an interest in the applicant exceeding twenty-five percent in
				another entity that possesses or has possessed an approved form C-133 that has
				been cancelled or suspended, has a history of violating division or other state
				or federal environmental laws; is subject to a commission or division order,
				issued after notice and hearing, finding such entity to be in violation of an
				order requiring corrective action; or has a penalty assessment for violation of
				division or commission rules or orders that is unpaid more than 70 days after
				issuance of the order assessing the penalty.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 34 - PRODUCED WATER, DRILLING FLUIDS AND LIQUID OIL FIELD WASTE › Section 19.15.34.19 - CANCELLATION OR SUSPENSION OF AUTHORIZATION TO MOVE LIQUID WASTES

Current through Register Vol. 35, No. 13, July 16, 2024
A transporter's vehicular movement or disposition of produced
				  water, drilling fluids or liquid oil field waste in a manner contrary to
				  division rules is ground for denial of approval of form C-133 in addition to
				  those specified in Subsection D of
				  19.15.34.18
				  NMAC. It is also cause, after notice and an opportunity for hearing, for the
				  division to cancel or suspend a transporter's authorization to move liquid
				  wastes.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 34 - PRODUCED WATER, DRILLING FLUIDS AND LIQUID OIL FIELD WASTE › Section 19.15.34.20 - DISPOSITION OF PRODUCED WATER AND OTHER OIL FIELD WASTE

Current through Register Vol. 35, No. 13, July 16, 2024
Except as authorized by 19.15.17 NMAC,
				  19.15.26.8
				  NMAC, 19.15.30 NMAC, 19.15.34 NMAC or 19.15.36 NMAC, persons, including
				  transporters, shall not dispose of produced water or other oil field
				  waste:
A. on or below the surface of
				the ground, in a pit or in a pond, lake, depression or watercourse;
B. in another place or in a manner that may
				constitute a hazard to fresh water, public health, or the environment;
				or
C. in a permitted pit or
				registered or permitted surface waste management facility without permission of
				the owner or operator of the pit or facility.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 34 - PRODUCED WATER, DRILLING FLUIDS AND LIQUID OIL FIELD WASTE › Section 19.15.34.21 - ENFORCEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The operator of
				a recycling facility or recycling containment shall comply with all the
				requirements of 19.15.34 NMAC.
B.
				If the division determines that the registration of a recycling facility or
				recycling containment or that operations at a recycling facility or recycling
				containment violate the requirements of 19.15.34 NMAC, the division district
				office shall notify the operator in writing. If the violation threatens
				contamination of fresh water, public health, or the environment, the notice of
				violation shall be signed by the director, the operator shall immediately cease
				all operations at the recycling facility or containment and the director may
				require the operator to remove all fluids, if any, in the recycling facility or
				containment by a date determined by the director.
C. The operator shall have 60 days from the
				date it is notified of a violation to remove the recycling facility or
				recycling containment in accordance with 19.15.34 NMAC unless the violation is
				corrected or an agreed compliance order providing for corrective action is
				entered with the division. The operator may request an immediate stay of the
				division's order as part of an application for review of the notice of
				violation filed by the operator.
D.
				The provisions of 19.15.4 NMAC applicable to adjudicatory proceedings shall
				apply to these enforcement proceedings unless altered or amended by 19.15.5.10
				NMAC or 19.15.34 NMAC.
E. The
				division may enter into an agreed compliance order prior to or after the filing
				of an application for an administrative compliance proceeding. An agreed
				compliance order shall have the same force and effect as a compliance order
				issued after an adjudicatory hearing.
F. After a notice of violation that threatens
				contamination of fresh water, public health, or the environment is issued,
				until the operator obtains an agreed compliance order, performs appropriate
				corrective action or is granted a stay, the division may not approve any
				permits for the operator.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 35 - WASTE DISPOSAL › Section 19.15.35.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
19.15.35 NMAC applies to persons engaged in oil and gas
				  exploration, development, production, storage, transportation, treatment and
				  refinement and the oil field service industry within New Mexico.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 35 - WASTE DISPOSAL › Section 19.15.35.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
19.15.35 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 authorizes the division to regulate the disposition of non-domestic waste
				  resulting from the exploration, development, production or storage of oil or
				  gas; from the oil field service industry; the transportation of oil or gas; the
				  treatment of gas; or the refinement of oil.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 35 - WASTE DISPOSAL › Section 19.15.35.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish procedures for the disposal of certain oil field
				  waste at solid waste facilities permitted by the New Mexico environment
				  department and for the disposal of regulated NORM associated with the oil and
				  gas industry.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 35 - WASTE DISPOSAL › Section 19.15.35.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Discharge plan"
				means a plan the operator submits and the division approves pursuant to NMSA
				1978, Section 70-2 -12(B)(22) and WQCC rules.
B. "EPA clean" means the cleanliness
				standards established by the EPA in
				40 C.F.R. section
				261.7(b).
C. "NESHAP" means the National Emission
				Standards for Hazardous Air Pollutants of the EPA, 40 C.F.R. Part 61.
D. "Solid waste facility" means a facility
				permitted or authorized as a solid waste facility by the New Mexico environment
				department pursuant to the Solid Waste Act, NMSA 1978, Sections
				74-9-1
et seq.
and New Mexico environmental improvement board rules
				to accept industrial solid waste or other special waste.
E. "TCLP" means the testing protocol
				established by the EPA in 40 C.F.R. Part 261, entitled "Toxicity Characteristic
				Leaching Procedure" or an alternative hazardous constituent analysis the
				division has approved.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 35 - WASTE DISPOSAL › Section 19.15.35.8 - DISPOSAL OF CERTAIN OIL FIELD WASTE AT SOLID WASTE FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A person may
				dispose of certain oil field waste at a solid waste facility in accordance with
				19.15.35.8 NMAC.
B. Procedure.
(1) A person may dispose of oil field waste
				listed in Paragraph (1) of Subsection C of 19.15.35.8 NMAC at a solid waste
				facility without the division's prior written authorization.
(2) A person may dispose of oil field waste
				listed in Paragraph (2) of Subsection C of 19.15.35.8 NMAC at a solid waste
				facility after testing and the division's prior written authorization. Before
				the division grants authorization, the applicant for the authorization shall
				provide copies of test results to the division and to the solid waste facility
				where the applicant will dispose of the oil field waste. In appropriate cases
				and so long as a representative sample is tested, the division may authorize
				disposal of a waste stream listed in Paragraph (2) of Subsection C of
				19.15.35.8 NMAC without individual testing of each delivery.
(3) A person may dispose of oil field waste
				listed in Paragraph (3) of Subsection C of 19.15.35.8 NMAC at a solid waste
				facility on a case-by-case basis after testing the division may require and the
				division's prior written authorization. Before the division grants
				authorization, the applicant for the authorization shall provide copies of test
				results to the division and to the solid waste facility where it will dispose
				of the oil field waste.
(4)
				Simplified procedure for holders of discharge plans. Holders of an approved
				discharge plan may amend the discharge plan to provide for disposal of oil
				field waste listed in Paragraph (2) of Subsection C of 19.15.35.8 NMAC and, as
				applicable, Paragraph (3) of Subsection C of 19.15.35.8 NMAC. If the division
				approves the amendment to the discharge plan, the holder may dispose of oil
				field wastes listed in Paragraphs (2) and (3) of Subsection C of 19.15.35.8
				NMAC at a solid waste facility without obtaining the division's prior written
				authorization.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 35 - WASTE DISPOSAL › Section 19.15.35.9 - DISPOSAL OF REGULATED NORM

Current through Register Vol. 35, No. 13, July 16, 2024
A person disposing of regulated NORM, as defined at
				  19.15.2.7
				  NMAC, is subject to 19.15.35.9 NMAC through
				  19.15.35.14
				  NMAC and to New Mexico environmental improvement board rule, 20.3.14
				  NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 35 - WASTE DISPOSAL › Section 19.15.35.10 - NON-RETRIEVED FLOWLINES AND PIPELINES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The division shall consider a proposal
				from an operator for leaving flowlines and pipelines (hereinafter "pipeline")
				that contain regulated NORM in the ground provided the operator performs the
				abandonment procedures in a manner to protect the environment, public health
				and fresh waters. Division approval is contingent on the applicant meeting the
				following requirements as a minimum.
B. An application the applicant submits to
				the division shall contain the following as a minimum:
(1) the pipeline layout over its entire
				length on a form C-102 including the legal description of the location of both
				ends and surface ownership along the pipeline;
(2) results of a radiation survey the
				applicant conducts at all accessible points and a surface radiation survey
				along the complete pipeline route in a division-approved form; surveys
				conducted consistent with division-approved procedures;
(3) the type of material for which the
				applicant or any predecessor operator used the pipeline;
(4) the procedure the applicant will use for
				flushing hydrocarbons or produced water from the pipeline;
(5) an explanation as to why it is more
				beneficial to leave the pipeline in the ground than to retrieve it;
				and
(6) proof the applicant has
				sent notice of the proposed abandonment to all surface owners where the
				pipeline is located; the director may require the applicant to send additional
				notification as described in 19.15.35.14 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 35 - WASTE DISPOSAL › Section 19.15.35.11 - COMMERCIAL OR CENTRALIZED SURFACE WASTE MANAGEMENT FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The division
				shall consider proposals for the disposal of regulated NORM in commercial or
				centralized surface waste management facilities, provided the applicant
				performs the disposal in a manner that protects the environment, public health
				and fresh waters. Division approval is contingent on the applicant obtaining a
				permit in accordance with 19.15.36 NMAC for the facility and complying with
				additional requirements specifically related to regulated NORM disposal as
				described in Subsections B through D of 19.15.35.11 NMAC.
B. The division shall set requests for
				permission to receive and dispose of regulated NORM in commercial or
				centralized surface waste management facilities for hearing in order for the
				facility's operator to obtain or modify a permit in accordance with 19.15.36
				NMAC. The division shall consider a request to dispose of regulated NORM at a
				facility previously permitted under 19.15.36 NMAC a major modification to that
				facility. The facility's operator shall submit a hearing request to the
				division that contains the following at a minimum:
(1) complete plans for the facility,
				including the sources of regulated NORM, radiation survey readings, quantities
				of regulated NORM to be disposed and monitoring proposals;
(2) a copy of this permit for the facility,
				if the division has issued one;
(3)
				proof of public notice of the application as required by 19.15.36 NMAC;
				and
(4) evidence of issuance of a
				specific license pursuant to 20.3.14 NMAC, a license pursuant to 20.3.13 NMAC
				and other authorizations required by law.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 35 - WASTE DISPOSAL › Section 19.15.35.12 - DOWNHOLE DISPOSAL IN WELLS TO BE PLUGGED AND ABANDONED

Current through Register Vol. 35, No. 13, July 16, 2024
A. The division shall consider proposals from
				an operator for downhole disposal of regulated NORM in wells that are to be
				plugged and abandoned, provided the operator performs the plugging and
				abandonment procedures in a manner that protects the environment, public health
				and fresh waters and in accordance with division rules pertaining to well
				plugging and abandonment.
B. The
				applicant shall complete form C-103 and submit it to the division for approval.
(1) In addition to all other information
				required for C-103 submittal, the form shall specifically state that the
				applicant will place regulated NORM in the well bore. The abandonment procedure
				contained in the application shall identify depths at which the operator will
				place regulated NORM, radiation survey results conducted on the regulated NORM
				to be disposed, the procedure the operator will use to place the regulated NORM
				in the well bore and the specific form of regulated NORM the operator will
				place in the well bore (
e.g.
scale, pipe, dirt,
				etc.).
(2) The applicant shall
				address abnormally pressured zones in the well bore that might result in
				migration of the regulated NORM after it has been placed in the plugged and
				abandoned well in the application.
(3) The applicant shall send notice of the
				submittal of an application to dispose of regulated NORM in a plugged and
				abandoned well to the surface owner and the mineral lessor. The director may
				require additional notification as described in 19.15.35.14 NMAC.