New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 15 - OIL AND GAS › Part 29 - RELEASE NOTIFICATION › Section 19.15.29.11 - SITE ASSESSMENT/CHARACTERIZATION

Current through Register Vol. 35, No. 13, July 16, 2024
After the responsible party has removed all free liquids and
				  recoverable materials, the responsible party must assess soils both vertically
				  and horizontally for potential environmental impacts from any major or minor
				  release containing liquids.
A.
Characterization requirements.
The responsible party must submit
				information characterizing the release to the appropriate division district
				office within 90 days of discovery of the release or characterize the release
				by submitting a final closure report within 90 days of discovery of the release
				in accordance with Subsection E of 19.15.29.12 NMAC. The responsible party may
				seek an extension of time to submit characterization information for good cause
				as determined by the division. The responsible party must submit the following
				information to the division.
(1)
Site
				map.
The responsible party must provide a scaled diagram that shows the
				potentially impacted area, significant surface features including roads and
				site infrastructure, location of borings, sample points, monitoring wells and
				subsurface features such as known pipelines to the extent known at the time of
				submittal including the source of information regarding subsurface
				features.
(2)
Depth to ground
				water.
The responsible party must determine the depth to ground water
				where the release occurred. If the exact depth to ground water is unknown, the
				responsible party must provide a reasonable determination of probable ground
				water depth using data generated by numeric models, cathodic well lithology,
				water well data, published information or other tools as approved by the
				appropriate division district office. If the responsible party uses water well
				data, the responsible party must provide all pertinent well
				information.
(3)
Wellhead
				protection area.
The responsible party must determine the horizontal
				distance from all known water sources within a half mile of the release
				including private and domestic water sources. Water sources are wells, springs
				or other sources of fresh water extraction. Private and domestic water sources
				are those water sources used by less than five households for domestic or stock
				purposes.
(4)
Distance to
				nearest significant watercourse.
The responsible party must determine
				the horizontal distance to the nearest significant watercourse as defined in
				Subsection P of
				19.15.17.7
				NMAC within a half mile of any horizontal boundary of the release.
(5)
Soil/waste characteristics.
The responsible party must determine the lateral and vertical extents of soil
				contamination, as follows.
(a) If the release
				occurred within a lined containment area, the responsible party must
				demonstrate liner integrity after affected material is removed and the affected
				area of the liner is exposed and provide:
(i)
				certification on form C-141 that the responsible party has visually inspected
				the liner where the release occurred and the liner remains intact and had the
				ability to contain the leak in question; and
(ii) at least two business days' notice to
				the appropriate division district office before conducting the liner
				inspection.
(b) If the
				responsible party is unable to demonstrate liner integrity or the release
				occurred outside of a lined containment area, the responsible party must
				delineate the release horizontally and vertically using Table I of 19.15.29.12
				NMAC constituents or as required by Subparagraph (e) of Paragraph (5) of
				Subsection A of 19.15.29.11 NMAC based on the type of release. The responsible
				party shall use one or more of the following soil sampling methods for
				characterization:
(i) NRCS Field
				Guide;
(ii) EPA SW-846;
(iii) ASTM Method 4547;
(iv) EPA 600; or
(v) or other division-approved
				methods.
(c) In addition
				to Subparagraph (b) of Paragraph (5) of Subsection A of 19.15.29.11 NMAC, if
				the release occurred outside of a lined containment area and is in an area
				where depth to ground water is greater than 50 feet and less than or equal to
				100 feet, the responsible party must delineate the vertical extent of the
				release to the greater of 600 mg/kg chloride or background chloride level, if:
(i) the release contains produced water that
				exceeds 10,000 mg/l of chloride (if the responsible party contends the fluid is
				less than 10,000 mg/l, the responsible party must provide current sample
				results to the division); and
(ii)
				the release is of an unknown quantity or results in greater than 200 barrels of
				unrecovered produced water.
(d) If the conditions are met in Subparagraph
				(c) of Paragraph (5) of Subsection A of 19.15.29.11 NMAC, the responsible party
				must submit at least two soil samples for laboratory analysis from each
				borehole or sample point (highest observed contamination and deepest depth
				investigated). Field screening and assessment techniques are acceptable
				(headspace, titration, electrical conductivity , electromagnetics, etc.), but
				the sampling procedures must be clearly defined. The responsible party must
				submit copies of field notes attributable to field sampling and provide copies
				of the actual laboratory results including chain of custody
				documentation.
(e) If a known
				release of other oil field related chemicals occurs that is not included in
				Table I of 19.15.29.12 NMAC, and does not include oil, gas, produced water or
				other fluids from the wellstream, the standards for remediation shall be as
				follows:
(i) if the constituent appears on
				Table 1 of
				40 C.F.R.
				261.24(b), then that
				constituent shall be remediated according to
				40 C.F.R.
				261.24;
(ii) if the constituent is not identified in
				Table 1 of
				40 C.F.R.
				261.24(b), but is identified
				in the New Mexico environment department's Risk Assessment Guidance for Site
				Investigations and Remediation Volumes I and II (assessment), the division will
				determine the appropriate Assessment Volume and remediation shall occur
				pursuant to the assessment;
(iii)
				if the constituent is not identified in Items (i) or (ii) of Subparagraph (e)
				of Paragraph (5) of Subsection A of 19.15.29.11 NMAC, the division shall
				consult with the responsible party to determine appropriate remediation of the
				release.