New Mexico Register / Volume XXXI, Issue 11 / June 9, 2020
NOTICE OF PUBLIC
MEETING AND PUBLIC HEARING
The
New Mexico Oil Conservation Commission (Commission) hereby gives notice that the
Commission will hold the following public meeting and public hearing commencing
at 9:00 a.m. on July 30, 2020 online and via telephone. The hearing may be continued to the following
day if not completed. Oral comments may be made either on-line or by telephone. The Commission shall make available to the
public a preliminary agenda for the meeting no later than two weeks prior to
the meeting, and a final agenda for the meeting no later than 72 hours before
the meeting.
Case No. 21281: APPLICATION OF THE NEW MEXICO OIL
CONSERVATION DIVISION TO AMEND THE COMMISSION'S RULES FOR PRODUCED WATER IN
19.15.2, 19.15.16, AND 19.15.34 NMAC; STATEWIDE.
The
New Mexico Oil Conservation Division (OCD) proposes to (1) amend 19.15.2.7 NMAC
to conform the definition of “produced water” with the definition found in the
Oil and Gas Act, NMSA 1978, §70-2-33(K) (2019); (2) amend 19.15.16 NMAC to add
a section requiring the filing of a water use report for a hydraulically
fractured well that provides the portion of the water used in fracturing which
is potable, nonpotable, or recycled produced water;
and (3) amend 19.15.34 NMAC to conform the language in 19.15.34 NMAC to the
legislative changes in Laws 2019, chapter 197 (HB 546) concerning produced
water.
Purpose of Proposed Rule.
The proposed rule implements the changes in produced water management
and authority enacted by House Bill 546 (Laws 2019, chapter 197) in the 2019
Legislature.
Legal Authority.
The proposed rule is authorized by the Oil and Gas Act, Sections 70-2-1
through 70-2-38 NMSA 1978, and specifically, Section 70-2-6 (authorizing the
Commission to exercise jurisdiction, authority, and control of and over all
persons, matters, and things necessary or proper to enforce the statute),
Section 70-2-11 (authorizing the Commission to make rules to prevent waste,
protect correlative rights, and to do whatever may be reasonably necessary to
implement the statute), and Section 70-2-12 (enumerating the powers of the
Commission and OCD). The public hearing
is governed by the Commission’s rule on rulemaking proceedings, 19.15.3 NMAC.
Availability of Proposed Rule. The full text of the proposed rule may
be obtained from the Commission Clerk, Florene Davidson at
florene.davidson@state.nm.us or (505) 476-3458, or
can be viewed on the Rules page of the OCD's website at
http://www.emnrd.state.nm.us/ocd.
Public Hearing.
The Commission will hold a public hearing on the proposed rule at the
Commission meeting commencing at 9:00 a.m. on July 30, 2020 online and via
telephone. The hearing may be continued
to the following day(s) if not completed.
The hearing will be held via Webex Meeting
platform. The public meeting can be
accessed by using the following link and/or meeting information:
July
30
OCC
- (Day 1) Produced Water Rule Making Hearing
Meeting
number: 967 682 712
Password:
R4SpDXpeu49
https://nmemnrd.webex.com/nmemnrd/j.php?MTID=m6572062a0ff431b8f7a815b6edf74af0
Join
by phone
+1-408-418-9388
United States Toll
Access
code: 967 682 712
July
31 (IF NECESSARY):
OCC
- (Day 2) Produced Water Rule Making Hearing
Meeting
number: 963 288 479
Password:
ZjiqP9PET32
https://nmemnrd.webex.com/nmemnrd/j.php?MTID=m2854bda11fb429c3fd553e90c6707a8f
Join
by phone
+1-408-418-9388
United States Toll
Access
code: 963 288 479
For
information on how to participate in the hearing please contact the Commission
Clerk, Florene Davidson at florene.davidson@state.nm.us or (505) 476-3458 or visit the OCD’s
website at http://www.emnrd.state.nm.us/ocd.
Pursuant to NMAC 19.15.3.8(C), the Commission will issue a Procedural
Order specifying additional rules for the hearing as outlined below. The Procedural Order may be obtained from the
Commission Clerk, Florene Davidson at florene.davidson@state.nm.us or (505) 476-3458, or can be viewed on the
Rules page of the OCD's website at http://www.emnrd.state.nm.us/ocd.
Proposed Modifications, Technical
Testimony, and Cross Examination. Any person intending to propose a
modification to the proposed rule, to present technical testimony at the
hearing, or to cross-examine witnesses must file a Pre-Hearing Statement
conforming to the requirements of Subsection B of 19.15.3.11 NMAC, no later
than 5:00 p.m. on July 17, 2020.
Additionally, all technical testimony shall be presented to the
Commission in writing and shall be filed with the Commission no later than 5:00
p.m. on July 17, 2020. Filing may be
accomplished by first class mail to the Commission Clerk, Florene Davidson, 3rd
Floor, Wendell Chino Building, 1220 South St. Francis Drive, Santa Fe, New Mexico,
87505, or electronic mail to OCD.Hearings@state.nm.us. Any person who presents technical testimony
in writing shall attend the hearing online or via telephone and will be subject
to cross-examination by the members of the Commission, the Commission's
counsel, or another person who has filed a Pre-Hearing Statement on the subject
matter of the person’s direct testimony.
Oral Comments.
Any person who has not submitted a Pre-Hearing Statement may present
non-technical testimony or make an unsworn statement at the hearing, and may
offer exhibits at the hearing so long as the exhibits are relevant to the
proposed rule and do not unduly repeat the testimony. Any person that wishes to present oral
non-technical testimony to the Commission shall notify the Commission Clerk,
Florene Davidson by first class or electronic mail at 3rd Floor, Wendell Chino
Building, 1220 South St. Francis Drive, Santa Fe, New Mexico, 87505, or
florene.davidson@state.nm.us no later than 5:00 p.m. on July 29, 2020. In order
to ensure that all participants are able to participate in the hearing,
notifications to the Commission Clerk shall include at least a name and
telephone number of the person intending to present non-technical
testimony. Any exhibits that will be
offered in conjunction with non-technical testimony must be sent via electronic
mail to the Commission Clerk, Florene Davidson, at the above email address no
later than 5:00 p.m. on July 29, 2020.
Any person who presents non-technical testimony will be subject to cross-examination
by the Commission, the Commission's counsel, or another person who has filed a
Pre-Hearing Statement on the subject matter of the person’s direct testimony.
Written or
Electronic Comments. Any person may submit written or electronic
comments on the proposed rule no later than 9:00 a.m. on July 30, 2020, unless
extended by the Commission or the Chair of the Commission, by first class or
electronic mail to the Commission Clerk, Florene Davidson, 3rd Floor, Wendell
Chino Building, 1220 South St. Francis Drive, Santa Fe, New Mexico, 87505, or florene.davidson@state.nm.us.
Persons with Disabilities.
If you are an individual with a disability who needs a reader,
amplifier, qualified sign language interpreter, or any other form of auxiliary
aid or service to attend or participate in the hearing, including a summary or
other accessible form of document, please contact the Commission Clerk, Florene Davidson, florene.davidson@state.nm.us or (505)
476-3458, or through the New Mexico Relay Network at 1-800-659-1779, no later
than July 17, 2020.
Technical Information.
There is no technical information for the proposed rule.