New Mexico Register / Volume XXIX,
Issue 4 / February 27, 2018
TITLE 19 NATURAL RESOURCES AND WILDLIFE
CHAPTER 11 GEOTHERMAL RESOURCES DEVELOPMENT
PART 4 CONSTRUCTION
AND OPERATION
19.11.4.1 ISSUING AGENCY: Energy, Minerals and Natural Resources Department,
Energy Conservation and Management Division.
[19.11.4.1
NMAC - N, 2/27/2018]
19.11.4.2 SCOPE: All persons who engage in the exploration,
development or production of a geothermal resource.
[19.11.4.2
NMAC - N, 2/27/2018]
19.11.4.3 STATUTORY AUTHORITY: Geothermal Resources Development Act, Section
71-9-1 et seq. NMSA 1978 (2016).
[19.11.4.3
NMAC - N, 2/27/2018]
19.11.4.4 DURATION: Permanent.
[19.11.4.4
NMAC - N, 2/27/2018]
19.11.4.5 EFFECTIVE DATE: February 27, 2018, except where a later date
is cited at the end of a section.
[19.11.4.5
NMAC - N, 2/27/2018]
19.11.4.6 OBJECTIVE: The objective of 19.11.4 NMAC is to establish
rules to ensure the exploration, development and production of geothermal
resources is conducted in a manner that safeguards life, health, property, natural resources, the environment
and the public welfare, and to encourage maximum economic recovery.
[19.11.4.6
NMAC - N, 2/27/2018]
19.11.4.7 DEFINITIONS: [RESERVED]
[See 19.11.1.7 NMAC for definitions.]
[19.11.4.7 NMAC – N, 2/27/2018]
19.11.4.8 GEOTHERMAL
WELL LOCATION LIMITATIONS: Any well drilled for the exploration,
development or production of geothermal resources or as an injection well shall
be located 100 feet or more from and within
the outer boundary of the parcel of land on which the well is situated, or 100 feet or more from a public
road, street or highway dedicated prior to the commencement of drilling.
The division may modify or waive this requirement upon written request
if the applicant can demonstrate that public safety is preserved and that the
integrity of the geothermal source is not jeopardized.
[19.11.4.8
NMAC - N, 2/27/2018]
19.11.4.9 PERMITTEE'S NOTIFICATION
REQUIREMENTS AND REQUESTS FOR APPROVAL TO DIVISION: A permittee shall notify the division with:
A. a written notice
of intent to engage in any one of the following activities:
(1) make a minor change in the operation of the well (minor
changes include changing capillary tubing, pulling or replacing a pump or any
other change the division considers a minor change);
(2) conduct a spinner, pressure or temperature survey test or
another test that does not modify the well structure;
(3) conduct
a flow test on a production well;
(4) perform
routine maintenance on a well;
(5) removal of fluids from on-site pits or closed-loop systems
per Paragraph (3) of Subsection D of 19.11.4.17 NMAC; or
(6) change
in location of a well that is within the approved area of a geothermal well or
facility permit (this will require the permittee to apply for a minor permit
modification pursuant to Subparagraph F of 19.11.2.10 NMAC so that the permit
will reflect the new location).
B. a written notice
of intent and request for approval for any one of the following activities:
(1) activities not specifically approved or
exempted under an existing permit;
(2) activities that do not require a permit
application per 19.11.2.10 NMAC;
(3) tracer tests;
(4) mechanical integrity tests;
(5) increasing depth of a well;
(6) conduct a flow test on an injection
well;
(7) entering or opening a plugged well;
(8) shooting, acidizing or fracturing a
well;
(9) abandoning and plugging a well;
(10) directional drilling (drilling in a direction
not intended to be vertical);
(11) changing
the construction of a hole or well, except for injection wells, including
placing a plug in the hole or well and recovering or altering the casing;
(12) conducting a major workover or cleaning of a
well; or
(13) any other activity for which the division conducts a field
inspection or evaluates information or documentation regarding the construction
of a hole or well.
C. The director may
determine, based on the notices submitted under Subsections A or B of 19.11.4.9
NMAC, that the permittee is required to apply for a
permit modification in accordance with 19.11.2.10 NMAC.
[19.11.4.9
NMAC - N, 2/27/2018]
19.11.4.10 WELL
CONSTRUCTION AND CASING REQUIREMENTS: Permittees shall construct and
case all geothermal wells in a manner to protect or minimize damage to
life, health, property, ground water
and surface waters, geothermal resources, other natural resources, the
environment and the public welfare. No
permittee shall construct, operate, maintain, convert, plug, abandon or conduct
any other injection activity in a manner that allows the movement of fluid
containing any contaminant into underground sources of drinking water, if the
contaminant may cause a violation of drinking water regulations or rules or may
otherwise adversely affect the health of persons. The permittee has the burden of showing that
it meets these requirements. The
permittee shall attach the permanent well head
completion equipment to the production casing or to the intermediate
casing if production casing does not
reach the surface. The permittee shall
install an annular blowout preventer on wells when the division deems it
necessary. All surface, intermediate and
production casing strings reaching the
surface shall provide adequate anchorage for BOPE, pressure control and protection for all natural
resources. The casing design criteria
listed below represent minimum requirements.
A. Conductor
casing. The permittee shall install a minimum
of 40 feet of conductor casing. The
permittee shall cement the annular space solid to the surface. The permittee
shall allow a 24-hour cure period for the grout prior to drilling out the shoe
unless the permittee uses additives, approved
by the division, to obtain early strength.
B. Surface
casing. A surface casing shall provide for
control of formation fluids, for protection of shallow usable ground water and for adequate anchorage for BOPE. The permittee shall cement all surface casing solid to the
surface. The permittee shall allow a
24-hour cure period prior to drilling out the shoe of the surface casing unless the permittee uses additives, approved by
the division, to obtain early strength. The permittee shall set sufficient casing to
reach a depth below all known or reasonably estimated levels of fresh water and
water of present or future value for domestic, commercial or agricultural use
and to protect those aquifers and to prevent blowout or uncontrolled flows.
C. Intermediate
casing. Intermediate casing is required for
protection against unusual pressure zones, cave-ins, wash-outs, abnormal temperature zones, uncontrollable
lost circulation zones or other drilling hazards. The permittee shall cement intermediate casing strings solid to the surface or to
the top of the liner hanger whenever the permittee runs intermediate casing string as a liner. The permittee shall pressure test the liner
lap, of any unslotted liner, prior to resumption of
drilling.
D. Production casing. The permittee shall set production casing
above or through the producing or injection zone and cement it above the injection zones. The permittee shall use sufficient cement to
exclude overlying formation fluids from the geothermal zone, to segregate zones and to prevent movement of fluids behind
the casing into zones that contain fresh ground water. The permittee shall either cement production
casing solid to the surface or lap it into intermediate casing, if run. If the
permittee laps production casing into an intermediate casing, the casing
overlap shall be at least 100 feet,
cemented solid and pressure tested to ensure its integrity.
E. All casing
materials shall be suitable for the proposed operating design stresses and
temperatures.
[19.11.4.10
NMAC - N, 2/27/2018]
19.11.4.11 BLOWOUT PREVENTION: The permittee shall take all necessary
precautions to always keep wells under operational control and mechanical
integrity. The permittee shall install
BOPE, capable of shutting in the well during any operation, on the surface
casing and always maintained ready for use.
If necessary, the permittee shall equip the BOPE to be remotely
activated. The equipment shall be rated
for operating at pressures and temperatures exceeding the maximum pressure and
temperature anticipated for the well.
[19.11.4.11
NMAC - N, 2/27/2018]
19.11.4.12 OPERATING LIMITATIONS: The division shall establish operating
limitations, for all production or injection wells, deemed necessary to protect
life, health, correlative rights, property, natural resources, the environment
or the public welfare. The permittee
shall operate all wells within the operating parameter limits established in
the permit. The permittee shall not
operate a new injection well before receiving authorization to inject from the
division.
[19.11.4.12
NMAC - N, 2/27/2018]
19.11.4.13 TESTING AND MONITORING:
A. Well construction testing and monitoring.
(1) The
permittee shall log all injection or production wells with an induction electrical log, or equivalent, or
by gamma-neutron log after running casing.
The permittee shall log the well from the bottom of the hole to the
bottom of the production casing. This
requirement may vary from area to area,
depending upon the amount of pre-existing subsurface geological data
available. If sufficient subsurface geologic data is available, the division may
not require the permittee to log the well. However, the permittee shall obtain the
division’s written permission to omit this requirement prior to running surface casing.
(2) The permittee shall take cuttings a
minimum of every 10 feet for all geothermal wells. The cuttings must be cleaned, dried, marked
for location and depth and placed in appropriate containers and maintained with
the well or facility records per Subsection A of 19.11.4.14 NMAC.
(3) The
permittee shall regularly monitor the temperature of the return mud during the
drilling of the surface casing hole,
below the conductor casing. The
permittee shall either install and maintain in working condition a continuous
temperature monitoring device, or read the temperature manually. In either case, the permittee shall log the
return mud temperature after each joint of pipe has been drilled down 30 feet.
(4) After
installation and prior to drilling out the guide shoe from the production or
injection casing, the permittee shall test the well casing and BOPE under
pressure. The test pressure shall be 1.5
times the saturated steam pressure (psia) of water at
the predicted bottom hole mud return temperature. An acceptable test shall maintain pressure in
the well between the guide shoe and BOPE, with no more than a ten percent drop
from the initial test pressure, for 30 minutes.
(5) Prior
to operation of an injection well, the permittee shall test the well
construction to demonstrate that the casing cement has acceptably bonded to the casing.
The permittee shall conduct the cement bond log test by a method
approved by the division and submit the test results to the division for
approval before placing the well into operation.
(6) Prior
to operation, the permittee shall test all injection wells to demonstrate that
the casing has complete integrity. The permittee shall conduct the MIT by a
method approved by the division and submit the test results to the division for
approval before placing the well into operation.
(7) For
fresh water aquifers the division determines may be affected by the operation
of an injection well, prior to operation, the permittee shall sample and
analyze water quality from the fresh water aquifer through a monitoring or
observation well, located down gradient (static water level of fresh water
aquifer) and within 500 feet of each injection well. During sampling, the permittee shall also
measure the static water level and water temperature. The
division shall establish the scope of the water quality analysis based on the
potential contaminants from the geothermal resource and geothermal ground
operations.
B. Well operation testing and monitoring.
(1) To
verify the integrity of the annular cement above the shoe of the casing of any
injection well, the permittee shall make sufficient surveys within 30 days
after the permittee begins injection into a well to prove that all the injected fluid is confined to the intended
zone of injection. Thereafter, the
permittee shall make surveys at least every
five years or more often if necessary.
If the permittee can substantiate by existing data that these tests are not necessary, then, after review
of the data, the division may grant a waiver exempting the permittee from the tests.
(2) The permittee of a geothermal
production well shall daily monitor the rate of flow of water or steam or both,
and the surface pressure and temperature of the fluids from each production
well.
(3) The permittee of an injection well
shall daily monitor the rate of flow of injected geothermal fluid or
wastewater, and the surface pressure and temperature of the fluids injected
into each injection well.
(4) The permittee of a geothermal
facility shall continuously monitor the rate of flow, pressure and temperature
of geothermal resource water or steam or both at the inlet and outlet of the
facility.
(5) Based
on site conditions and the potential for geothermal resource intrusion into an
underground source of usable water, the division may require the permittee to
install one or more monitoring wells and to submit a water quality monitoring
and analysis plan for division approval.
(6) The
permittee shall perform all pit
testing and monitoring in accordance with Subsection D of 19.11.4.17 NMAC.
[19.11.4.13
NMAC - N, 2/27/2018]
19.11.4.14 RECORDKEEPING AND REPORTING: The permittee shall maintain all records,
notifications and reports, according to the following timelines, at the well
location, if the well is associated with an operating surface facility, or at
the permittee’s business office located within the state of New Mexico.
A. Recordkeeping of well-construction testing
and monitoring. The permittee shall
maintain records and reports associated with well-construction testing and
monitoring in Subsection A of 19.11.4.13 NMAC, generated and collected during
construction of all injection or production wells for the life of the well up
to the time the well is plugged and abandoned.
B. Recordkeeping of well-operation testing and
monitoring. The permittee shall
maintain records and reports associated with well-operation testing and
monitoring in Subsection B of 19.11.4.13 NMAC, generated and collected during
operation of all injection or production wells for a period of five years from
the date the record or report was created.
C. The permittee
shall submit reports of well-construction testing and monitoring associated
with Paragraphs (1) through (3) of Subsection A of 19.11.4.13 NMAC to the
division no later than 60 days after completion of drilling activities. The permittee shall submit records of
well-construction testing and monitoring associated with Paragraphs (4) through
(5) of Subsection A of 19.11.4.13 NMAC to the division no later than 30 days
prior to placing the well into operation.
The responsible official shall sign reports.
D. The permittee
shall submit reports of well-operation testing and monitoring associated with
Paragraph (1) of Subsection B of 19.11.4.13 NMAC to the division no later than
60 days after injection is started. The
permittee shall submit records of well-operation testing and monitoring
associated with Paragraphs (2) through (5) of Subsection B of 19.11.4.13 NMAC
to the division semi-annually in a format specified by permit. The responsible official shall sign reports.
E. The permittee
shall perform all pit recordkeeping and reporting in accordance with Paragraphs (4) through (5) of Subsection
D of 19.11.4.17 NMAC.
[19.11.4.14
NMAC - N, 2/27/2018]
19.11.4.15 GEOTHERMAL SURFACE FACILITIES:
A. General. The permittee shall maintain all well heads,
separators, pumps, mufflers, manifolds, valves, pipelines and other equipment
of geothermal resources in good condition to prevent loss of or damage to life,
health, property, natural resources, the environment or the public welfare.
B. Corrosion. The permittee shall quarterly inspect all
surface well-head equipment and pipelines and subgrade appurtenances and master
valves for signs of corrosion to safeguard life, health, property, natural
resources, the environment and the public welfare.
C. Tests.
The division may require such tests or remedial work as in its judgment
are necessary to prevent damage to life, health, property, natural resources,
the environment and the public welfare and to protect geothermal reservoirs
from damage or to prevent the infiltration of detrimental substances into
underground or surface water suitable for irrigation or other beneficial uses
to the best interest of the neighboring property owners and the public. Such tests may include casing tests,
cementing tests and equipment tests.
D. Reclamation. Where the permittee is not the surface owner,
the permittee shall maintain a post-geothermal resource production land use
plan that details how the surface area disturbed by the geothermal surface facilities
will be reclaimed to achieve the proposed use and written approval of the
surface owner for the proposed use.
[19.11.4.15
NMAC - N, 2/27/2018]
19.11.4.16 PLUGGING
AND ABANDONMENT:
A. Prior to
plugging and abandoning a geothermal well, the permittee shall file with the
division an application for permission to abandon and plug a geothermal
well. The application shall be
accompanied by a detailed statement of the proposed activity. This condition applies only to wells that
have not received plugging and abandoning approvals in a well or facility
permit.
B. The following
provisions apply to the abandonment of an exploration or observation well.
(1) If
the well was drilled with air and
no water was encountered, the permittee shall backfill the hole with cuttings
and place a cement plug of 50 linear feet at the top of the well.
(2) If
the well was drilled with mud or drilled with air and water was encountered, the permittee shall fill the bore
with mud and place a cement plug 50 linear feet at the top of the well.
(3) The permittee shall restore the
surface to near original condition including the restoration of native
vegetation.
C. The following
provisions apply to the abandonment of a geothermal production or injection
well.
(1) Except for cement used for surface
plugging,
the permittee shall plug the well by pumping cement in the hole through the drill pipe or tubing. The cement shall consist of a mix that
resists high temperatures.
(2) The
permittee shall place cement
plugs in the uncased portion of wells to protect all subsurface resources. These plugs shall extend a minimum of 100
lineal feet above the producing zones and 100 lineal feet below the producing
zones or to the total depth drilled, whichever is less. The permittee shall place cement plugs to
isolate formations and to protect the fluids in those formations from interzonal migration.
(3) Where
there is an open hole, the permittee shall place a cement plug in the deepest
casing string by:
(a) placing
a cement plug across the guide shoe extending a minimum of 100 lineal feet
above and below the guide shoe, or to the total depth drilled, whichever is
less; or
(b) setting a cement retainer with effective control of back pressure
approximately 100 lineal feet above the guide shoe, with at least 200 lineal
feet of cement below, or to the total depth drilled, whichever is less, and 100
lineal feet of cement above the retainer.
(4) If
there is a loss of drilling fluids into the formation or such a loss is
anticipated or if the well has been drilled with air or another gaseous
substance, a permanent bridge plug shall be set at the casing shoe and capped
with a minimum of 200 lineal feet of cement.
(5) The
permittee shall place a cement plug across perforations, extending 100 lineal
feet below, or to the total depth drilled, whichever is less, and 100 lineal
feet above the perforations. When the
permittee uses a cement retainer to squeeze cement into or across the
perforations, the permittee shall set the retainer a minimum of 100 lineal feet
above the perforations. Where the casing
contains perforations at or below debris or collapsed casing, which prevents
cleaning, the permittee shall set a cement retainer at least 100 lineal feet
above that point and squeeze cement in the interval below the retainer.
(6) The
permittee shall obtain the division’s approval before casing is cut and
recovered. The permittee shall place a
cement plug in such a manner as to isolate all uncased intervals and guide
shoes that are not protected by an inner string of casing. The plug shall extend a minimum of 50 feet
above and below any such interval or guide shoe.
(7) In
the case of a well not constructed with cement in the annulus running the full
length of each casing, the permittee shall plug all annular spaces extending to
the surface with cement.
(8) The
permittee shall cement the innermost string of casing that reaches ground level
to a minimum depth of 50 feet below the top of the casing.
(9) The
permittee shall verify the hardness and location of cement plugs placed across
perforated intervals and at the top of uncased or open holes by setting down
with tubing or drill pipe a minimum weight of 15,000 pounds on the plug or, if
less than 15,000 pounds, the maximum weight of the available tubing or drill
pipe string. If the permittee uses a
cement retainer or bridge plug to set the bottom plug, a test is not required
for that interval.
(10) The
permittee shall fill any interval that is not filled with cement with good
quality, heavy drilling fluids.
(11) All
casing strings shall be cut off below ground level and capped by welding a
steel plate on the casing stub. The
steel plate shall include a corrosion resistant marking that identifies the
well name or number. The permittee shall
remove all structures and other facilities.
(12) The
permittee shall restore the surface to near original condition including the
restoration of native vegetation.
[19.11.4.16
NMAC - N, 2/27/2018]
19.11.4.17 PIT AND CLOSED LOOP DESIGN,
CONSTRUCTION AND OPERATING PLAN AND CLOSURE-REMEDIATION PLAN REQUIREMENTS: All geothermal resources permit applications
shall include details regarding the design, construction and operation of a
system designed to temporarily store and dispose of drilling wastes and other
process fluids during periods of well or facility maintenance. The division will approve two methods, pit or
closed-loop system, for the handling of drilling fluids or other process fluids
released during well or facility maintenance activities. The plan for design and construction of a pit
shall follow the applicable liner manufacturer’s requirements. The operating details shall include operating
and maintenance procedures, a closure plan and hydrogeologic
data that provides sufficient information and detail on the site’s topography,
soils, geology, surface hydrology and ground water hydrology to enable the
division to evaluate compliance with acceptable siting criteria. In the absence of site-specific ground water
data, the permittee may provide a reasonable determination of probable ground
water depth using data generated by models, cathodic well lithology, published
information or other tools as approved by the division.
A. Siting.
(1) A
permittee may locate a pit containing fluids containing 10,000 mg/l or less of
TDS and 1 mg/l or less of H2S:
(a) where ground water is more than four feet below the bottom
of the pit;
(b) 100
feet or more from any continuously flowing watercourse or any other significant
watercourse;
(c) 100
feet or more from any lakebed, sinkhole or playa lake (measured from the
ordinary high-water mark);
(d) 200
feet or more from an occupied permanent residence, school, hospital,
institution or church in existence at the time of initial application;
(e) 200
feet or more from a spring or a private, domestic fresh water well used by less
than five households for domestic or stock watering purposes; or 200 feet or
more from any other fresh water well or spring, in existence at the time of the
initial application;
(f) outside incorporated municipal boundaries or outside a
defined municipal fresh water wellfield covered under a municipal ordinance
adopted pursuant to Section 3-27-3 NMSA 1978, as amended, unless the municipality
specifically approves;
(g) 100
or more feet from a wetland;
(h) outside
the area overlying a subsurface mine, unless the division grants a variance
that approves the proposed location based upon the permittee’s demonstration
that the pit’s construction and use will not compromise the subsurface
integrity;
(i) outside an
unstable area, unless the division grants a variance upon a demonstration that
the permittee has incorporated engineering measures into the design to ensure
that the pit's integrity is not compromised; and
(j) outside a 100-year floodplain unless the division grants a
variance for temporary use.
(2) A
permittee shall not locate a pit containing fluids containing more than 10,000
mg/l of TDS and more than one mg/l of H2S:
(a) where ground water is less than 50 feet below the bottom of
the pit;
(b) within 300 feet of any continuously flowing watercourse or
any other significant watercourse;
(c) within 200 feet of any lakebed, sinkhole or playa lake
(measured from the ordinary high-water mark);
(d) within 300 feet from an occupied permanent residence,
school, hospital, institution or church in existence at the time of initial
application;
(e) within:
(i) 500 feet of a spring or a private, domestic
fresh water well used by less than five households for domestic or stock
watering purposes; or
(ii) 1,000
feet of any other fresh water well or spring, in existence at the time of the
initial application;
(f) within incorporated municipal boundaries or within a defined
municipal fresh water wellfield covered under a municipal ordinance adopted
pursuant to Section 3-27-3 NMSA 1978, as amended, unless the municipality
specifically approves;
(g) within 300 feet of a wetland;
(h) within
the area overlying a subsurface mine, unless the division grants a variance
that approves the proposed location based upon the permittee’s demonstration
that the pit’s construction and use will not compromise the subsurface
integrity;
(i) within an
unstable area, unless the division grants a variance upon a demonstration that
the permittee has incorporated engineering measures into the design to ensure
that the pit's integrity is not compromised; or
(j) within a 100-year floodplain.
B. Design and construction. A permittee shall design and construct a pit
or closed-loop system to contain liquids and solids; prevent contamination of
fresh water; and protect life, health, property, natural resources, the
environment and the public welfare.
(1) The
pit or closed-loop system shall ensure the confinement of liquids to prevent
releases.
(2) A
pit shall have a properly constructed foundation and interior slopes consisting
of a firm, unyielding base, smooth and free of rocks,
debris, sharp edges or irregularities to prevent the liner’s rupture or
tear. The permittee shall construct a
pit so that the slopes are no steeper than two horizontal feet to one vertical
foot (2H:1V).
(3) The
permittee shall design and construct a pit with a geomembrane liner. The geomembrane liner shall consist of 20-mil
string reinforced LLDPE or equivalent liner material that the division
approves. The geomembrane liner shall be
composed of an impervious, synthetic material that is resistant to petroleum
hydrocarbons, salts and acidic and alkaline solutions. The liner material shall be resistant to
ultraviolet light. Liner compatibility
shall comply with EPA SW-846 Method 9090A.
(4) The
permittee shall minimize liner seams and orient them up and down, not across, a
slope. The permittee shall use factory
welded seams where possible. Prior to
field seaming, the permittee shall overlap liners four to six inches. The permittee shall minimize the number of
field seams in corners and irregularly shaped areas. Qualified personnel shall field weld and test
liner seams.
(5) Construction
shall avoid excessive stress-strain on the liner.
(6) Geotextile
is required under the liner where needed to reduce localized stress-strain or
protuberances that may otherwise compromise the liner’s integrity.
(7) The
permittee shall anchor the edges of all liners in the bottom of a compacted
earth-filled trench. The anchor trench
shall be at least 18 inches deep, unless anchoring to encountered bedrock
provides equivalent anchoring.
(8) The
permittee shall ensure that the liner is protected from any fluid force or
mechanical damage at any point of discharge into or suction from the lined pit.
(9) The
permittee shall design and construct a pit to prevent run-on of surface
water. A berm, ditch, proper sloping or
other diversion shall surround a pit to prevent run-on of surface water. During drilling operations, the edge of the
pit adjacent to the drilling or workover rig is not required to have run-on
protection if the permittee is using the pit to collect liquids escaping from
the drilling or workover rig and run-on will not result in a breach of the pit.
(10) The
volume of a pit shall not exceed 10 acre feet, including freeboard.
(11) Stockpiling
of topsoil. Prior to constructing a pit,
the permittee shall strip and stockpile the topsoil for use as the final cover
or fill at the time of closure.
(12) Signs. The permittee shall post an upright sign not
less than 12 inches by 24 inches with lettering not less than two inches in
height in a conspicuous place on the fence surrounding the pit. The permittee shall post the sign in a manner
and location such that a person can easily read the legend. The sign shall provide the following
information: the permittee’s name; the location of the site by quarter-quarter
or unit letter, section, township and range; and emergency telephone numbers.
(13) A
permittee who is using a closed-loop system with drying pads shall design and
construct the drying pads to include the following:
(a) appropriate
liners that prevent the contamination of fresh water and protect life, health,
property, natural resources, the environment and the public welfare;
(b) sumps to facilitate the collection of liquids derived from
drill cuttings; and
(c) berms that prevent run-on of surface water or fluids.
C. Fencing. The permittee shall fence or enclose a pit in
a manner that deters unauthorized access and shall maintain the fences in good
repair. Fences are not required if there
is an adequate surrounding perimeter fence that prevents unauthorized access to
the well site or facility, including the pit.
During drilling or workover operations, the permittee is not required to
fence the edge of the pit adjacent to the drilling or workover rig.
D. Operation. A permittee shall maintain and operate a pit
or closed-loop system in accordance with the following requirements.
(1) The
permittee shall operate and maintain a pit or closed-loop system, to contain
liquids and solids and maintain the integrity of the liner, liner system or
secondary containment system, prevent contamination of fresh water and protect
life, health, property, natural resources, the environment and the public
welfare.
(2) The
permittee may only discharge fluids or mineral solids generated or used during
the well drilling, completion or workover or facility maintenance operations
process into a pit or closed-loop system.
The permittee shall maintain a pit free of miscellaneous solid waste or
debris.
(3) If
the permittee elects to remove any stored fluids from a pit or a closed-loop
system, the permittee shall dispose of the fluids pursuant to 19.11.4.20 NMAC.
(4) The
permittee shall maintain at least two feet of freeboard in a pit. For temporary extenuating circumstances, a
permittee may maintain a freeboard of less than two feet and shall maintain a
log describing such circumstances and make the log available to the division
upon request.
(5) The
permittee shall inspect a pit or closed-loop system containing drilling fluids
at least daily while the drilling or workover rig is on location. Thereafter, the permittee shall inspect the
pit weekly so long as liquids remain in the pit. The permittee shall maintain a log of such
inspections and make the log available for the division’s review upon request.
(6) The
permittee shall not discharge into or store any hazardous waste in a pit or
drying pad associated with a closed-loop system.
(7) If
a pit liner’s integrity is compromised above the liquid’s surface then the
permittee shall repair the damage or initiate replacement of the liner within
48 hours of discovery.
(8) If
a pit or closed loop system develops a leak, or if any penetration of the pit
liner occurs below the liquid’s surface, then the permittee shall remove all
liquid above the damage or leak within 48 hours of discovery, notify the
division and repair the damage or replace the pit liner or closed loop
hardware.
(9) The
permittee shall inject or withdraw liquids from a pit 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.
(10) The
permittee shall operate and install a pit to prevent the collection of surface
water run-on.
(11) The
permittee shall install, or maintain on site, a water absorbent boom or other
device to contain an unanticipated release.
E. Closure and remediation. A closure plan shall describe the proposed
closure method and the proposed procedures and protocols to implement and
complete the closure.
(1) The
permittee shall not commence closure without first obtaining division approval
of the closure plan submitted with the permit application.
(2) Prior
to closure the permittee shall remove all free liquids reasonably achievable
from the pit or drying pad and tank associated with a closed-loop system and
dispose of such liquids at a division-approved facility.
(3) When
closing a pit, the permittee shall stabilize or solidify the remaining pit
contents to a capacity sufficient to support the final cover of the pit. When transferring the geothermal waste
contents from a drying pad and tank associated with a closed-loop system into a
pit, the permittee shall stabilize or solidify the geothermal waste contents to
a capacity sufficient to support the final cover of the pit. The permittee shall not mix the contents with
soil or other material at a mixing ratio of greater than 3:1, soil or other material
to contents. The geothermal waste
mixture must pass the paint filter liquids test (EPA SW-846 Method 9095B or
other test methods approved by the division).
(4) The
permittee shall collect, at a minimum, a five-point composite of the contents of
the pit to demonstrate that, after the geothermal waste is solidified or
stabilized with soil or other non-geothermal waste material at a ratio of no
more than 3:1 soil or other non-geothermal waste material to geothermal waste,
the concentration of any contaminant in the stabilized geothermal waste is not
higher than the parameters listed in Table 2 (19.11.4.19 NMAC).
(5) If,
after appropriate stabilization, the concentrations of all contaminants in the
contents from a pit are less than or equal to the parameters of listed in Table
2 (19.11.4.19 NMAC), the permittee may proceed with closure and remediation of
the pit.
(6) If
the concentration of any contaminant in the contents, after mixing with soil or
non-geothermal waste material to a maximum ratio of 3:1, from a pit or drying
pad associated with a closed-loop system is higher than constituent
concentrations shown in Table 2 (19.11.4.19 NMAC), then the permittee shall
close the pit or drying pad by first removing all contents and, if applicable, synthetic
liners and transferring those materials to a division-approved facility.
(7) Upon
achieving all applicable geothermal waste stabilization in the pit or transfer
of stabilized geothermal wastes to the pit, the permittee shall:
(a) fold the outer edges of the pit liner to overlap the
geothermal waste material in the pit prior to installing the geomembrane cover;
(b) install
a geomembrane cover over the geothermal waste material in the pit; the
permittee shall install the geomembrane cover in a manner that prevents the
collection of infiltration water in the pit and on the geomembrane cover after
the soil cover is in place; the geomembrane cover shall consist of a 20-mil
string reinforced LLDPE liner or equivalent cover that the division approves;
the geomembrane cover shall be composed of an impervious, synthetic material
that is resistant to petroleum hydrocarbons, salts and acidic and alkaline
solutions; cover compatibility shall comply with EPA SW-846 Method 9090A; and
(c) cover the pit with non-geothermal waste containing
uncontaminated, earthen materials and construct a soil cover prescribed by the
division.
(8) If
the permittee has removed the geothermal wastes and the liner from a drying pad
associated with a closed-loop system to a pit, the permittee shall test the
soils beneath the drying pad as follows.
(a) At
a minimum, the permittee shall take a five-point composite sample to include
any obvious stained or wet soils, or other evidence of contamination under the
liner and have that sample analyzed for the constituents listed in Table 1
(19.11.4.18 NMAC).
(b) If
any contaminant concentration is higher than the parameters listed in Table 1
(19.11.4.18 NMAC) the division may require additional delineation upon review
of the results and the permittee must receive division approval before
proceeding with closure.
(c) If
all contaminant concentrations are less than or equal to the parameters listed
in Table 1 (19.11.4.18 NMAC), the permittee can proceed to backfill the pad or
excavation with non-geothermal waste containing, uncontaminated, earthen
material.
(9) A
permittee shall notify the division at least 60 days prior to cessation of
operations and provide a proposed schedule for closure. If there is no closure plan on file with the
division applicable to the pit, the permittee shall provide a closure plan with
this notice. Upon receipt of the notice
and proposed schedule, the division shall review the current closure plan for
adequacy and inspect the site. When
onsite burial occurs on private land, the permittee shall file a deed notice
identifying the exact location of the onsite burial with the county clerk in
the county where the onsite burial occurs.
(10) Within
60 days of closure completion, the permittee shall submit a closure report that
documents all closure activities including sampling results; other information
the division requires and details on back-filling, capping and covering, where
applicable. In the closure report, the
permittee shall certify that all information in the report and attachments is
correct and that the permittee has complied with all applicable closure
requirements and conditions specified in the approved closure plan. If the permittee elects to conduct onsite
burial in an onsite pit, the permittee shall also provide a plat of the pit
location. The permittee shall place a
steel marker at the center of an onsite burial.
The steel marker shall be not less than four inches in diameter and
shall be cemented in a three-foot deep hole at a minimum. The steel marker shall extend at least four
feet above mean ground level and at least three feet below ground level. The permittee name, lease name, well number
and location, including unit letter, section, township and range, and that the
marker designates an onsite burial location shall be welded, stamped or
otherwise permanently engraved into the metal of the steel marker. A person shall not build permanent structures
over an onsite burial without the division's written approval. A person shall not remove an onsite burial
marker without the division's written permission.
(11) A
permittee shall close a drying pad associated with a closed-loop system or a
pit within one year from the date that the permittee releases the drilling or
workover rig. The permittee shall note
the date of the drilling or workover rig’s release, upon the well’s or
workover’s completion. The division may
grant an extension not to exceed one year.
(12) Reclamation
of pit and drying pad locations.
(a) A
permittee shall reclaim the pit or drying pad location and all areas associated
with the closed-loop system or pit including associated access roads to a safe
and stable condition that blends with the surrounding undisturbed area.
(b) The
permittee may propose an alternative to the re-vegetation or re-contouring
requirement if the permittee demonstrates to the division that the proposed
alternative provides equal or better prevention of erosion and protection from
contamination of fresh water, and protection of life, health, property, natural
resources, the environment and the public welfare.
(c) The
permittee shall compact, cover, pave or otherwise stabilize and maintain areas
reasonably needed for production operations or for subsequent drilling operations
in such a way as to minimize dust and erosion to the extent practicable.
(d) The
soil cover for closures after site contouring, where the permittee has removed
the drying pad contents and liner, and if necessary remediated the soil beneath
the drying pad liner to chloride concentrations less than 600 mg/kg as analyzed
by EPA Method 300.0, shall consist of the background thickness of topsoil or
one foot of suitable material, whichever is greater.
(e) The
soil cover for burial in-place pits shall consist of a minimum of four feet of
non-geothermal waste containing uncontaminated, earthen material with chloride
concentrations less than 600 mg/kg as analyzed by EPA Method 300.0. The soil cover shall include either the
background thickness of topsoil or one foot of suitable material to establish
vegetation at the site, whichever is greater.
(f) The
permittee shall construct the soil cover to the site’s existing grade and
prevent ponding of water and erosion of the cover material.
(g) The
permittee shall reclaim all areas disturbed by the closure of pits, except
areas reasonably needed for production operations or for subsequent drilling
operations, as early and as nearly as practicable to their original condition
or their final land use and maintain them to control dust and minimize erosion
to the extent practicable. The permittee
shall replace top soils and subsoils to their original relative positions and
contour them to achieve erosion control, long-term stability and preservation
of surface water flow patterns. The
permittee shall reseed disturbed area in the first favorable growing season
following closure of a pit or drying pad associated with a closed-loop
system. Reclamation of all disturbed
areas no longer in use shall be considered complete when all ground surface
disturbing activities at the site have been completed, and a 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.
(h) The
permittee shall notify the division when reclamation and re-vegetation are
complete.
[19.11.4.17
NMAC - N, 2/27/2018]
19.11.4.18 TABLE 1 – CLOSURE CRITERIA FOR SOILS
BENEATH DRYING PADS ASSOCIATED WITH CLOSED-LOOP SYSTEMS:
|
Depth
below bottom of pit to ground water less than 10,000 mg/l TDS |
Constituent |
Method* |
Limit** |
|
≤50
feet |
Chloride |
EPA
300.0 |
600
mg/kg |
|
51-100
feet |
Chloride |
EPA
300.0 |
10,000
mg/kg |
|
>100
feet |
Chloride |
EPA
300.0 |
20,000
mg/kg |
*Or
other test methods approved by the division
**Numerical
limits or natural background level, whichever is greater
[19.11.4.18
NMAC - N, 2/27/2018]
19.11.4.19 TABLE
2 – CLOSURE CRITERIA FOR GEOTHERMAL WASTE LEFT IN PLACE IN PITS:
|
Depth
below bottom of pit to ground water less than 10,000 mg/l TDS |
Constituent |
Method* |
Limit** |
|
25-50
feet |
Chloride |
EPA
300.0 |
20,000
mg/kg |
|
51-100
feet |
Chloride |
EPA
300.0 |
40,000
mg/kg |
|
>100
feet |
Chloride |
EPA
300.0 |
80,000
mg/kg |
*Or
other test methods approved by the division
**Numerical
limits or natural background level, whichever is greater
[19.11.4.19
NMAC - N, 2/27/2018]
19.11.4.20 DISPOSAL OF GEOTHERMAL RESOURCES,
RESIDUE OF GEOTHERMAL RESOURCES OR NONDOMESTIC WASTE FROM THE EXPLORATION,
DEVELOPMENT OR PRODUCTION OF GEOTHERMAL RESOURCES: Persons disposing of geothermal resources,
residue of geothermal resources or nondomestic waste from the exploration,
development or production of geothermal resources shall do so in a manner that
does not constitute a hazard to life, health, property, natural resources, the
environment or the public welfare. The
permittee shall dispose of geothermal resources, residue of geothermal
resources or nondomestic waste from the exploration, development or production
of geothermal resources as provided in 19.11.4.17 or 19.11.4.20 NMAC, or at a
facility permitted to accept the products.
A. The
permittee may discharge geothermal resources, residue of
geothermal resources or nondomestic waste from the exploration, development or
production of geothermal resources to an above ground surface impoundment that
meets the requirements of Subsection B of 19.11.4.20 NMAC, provided the other requirements of 19.11.4 NMAC are met and
the permittee submits, and the division approves, a discharge plan that
conforms to the following requirements:
(1) the effluent shall not contain any detectable toxic
pollutant as defined in 20.6.2 NMAC;
(2) the amount of effluent that enters the subsurface from a
surface impoundment shall not exceed 0.5 acre-feet per acre per year,
calculated as a monthly rolling 12-month total;
(3) the
effluent is in conformance with the New Mexico water quality
standards in 20.6.2.3103 NMAC or the total weight of
each water contaminant, that is not in conformance with the New Mexico water
quality standards in 20.6.2.3103 NMAC, that enters
the subsurface from a surface impoundment shall not exceed 200 pounds per acre
per year, calculated as a monthly rolling 12-month total;
(4) the
discharge plan shall include adequate provisions for sampling of effluent and
adequate flow monitoring so that the amount being discharged onto or below the
surface of the ground can be determined; and
(5) the
discharge plan shall include a minimum annual reporting frequency of monitoring
data to the division.
B. For
discharges approved per Subsection A of 19.11.4.20 NMAC, the permittee shall construct and operate a surface
impoundment in accordance with the following:
(1) the
permittee shall design and construct a surface impoundment to prevent run-on of
surface water and out flow of effluent; a berm, ditch, proper sloping or other
diversion shall surround a surface impoundment to prevent run-on of surface
water and out flow of effluent;
(2) the
permittee shall site the surface impoundment according the requirements in
Paragraph (1) of Subsection A of 19.11.4.17 NMAC;
(3) the
permittee shall inject or withdraw liquids from a surface impoundment through a
header, diverter or other hardware that prevents damage to the berm, ditch,
sloping or other diversion system by erosion, fluid jets or impact from
installation and removal of hoses or pipes; and
(4) the permittee shall maintain a surface impoundment to
prevent the collection of surface water run-on and surface ground flow of
effluent out from the surface impoundment.
[19.11.4.20
NMAC - N, 2/27/2018]
HISTORY
of 19.11.4 NMAC: [RESERVED]