New Mexico Register / Volume XXXII,
Issue 9 /May 4, 2021
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 am on June 9, 2021 (and subsequent days as
may be necessary) online and via telephone. Oral comments may be made either
online 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. The agenda shall specify the order of the proceedings and, to the
extent feasible, identify the specific time(s) that public comments are to be
heard. The agenda shall be posted online on the Commission’s Hearings page
under “OCC Dockets,” accessible from the following web page:
http://www.emnrd.state.nm.us/OCD/hearings.html.
Case No. 21834:
APPLICATION OF WILDEARTH GUARDIANS AND NEW MEXICO OIL CONSERVATION DIVISION TO
AMEND THE COMMISSION’S RULES FOR RELEASES IN 19.15.29.6, 19.15.29.8, AND
19.15.29.15 NMAC; STATEWIDE.
WildEarth Guardians and the Oil Conservation Division propose
that the Commission amend 19.15.29.6, 19.15.29.8, and 19.15.29.15 NMAC to
prohibit the unauthorized release of oil, gas, produced water, and other
contaminants, and to clarify the Division’s authority to enforce this
prohibition on major and minor releases.
Purpose of Proposed
Rule Changes.
The proposed
rule changes are intended to prohibit major and minor releases of oil, gas,
produced water, oil field waste, and other contaminants that occur during oil and gas
development and production to protect public health and the environment,
and to conform 19.15.29.15 NMAC with the general enforcement provisions of
19.15.5.10 NMAC, which were adopted by the Commission in 2020.
Legal Authority.
The proposed rule changes are authorized by the Oil and Gas Act, NMSA
1978, Sections 70-2-1 through 70-2-38, 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), Sections 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), Section 70-2-12 (enumerating the powers of
the Commission and OCD), and Section 70-2-31 (authorizing the Division to bring
administrative and judicial actions for violations of the Oil and Gas Act and
Commission rules). 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 changes
may be obtained from the Commission Clerk, Florene Davidson at
florene.davidson@state.nm.us or (505) 470-5480, or can be viewed on the Rules
page of the OCD’s website at http://www.emnrd.state.nm.us/OCD/rules.html.
Public Hearing.
The Commission will hold a public hearing on the proposed rule changes
at the Commission meeting commencing at 9:00 am on June 9, 2021 (and subsequent
days as needed) online and via telephone. For information on how to participate
in the hearing, please contact the Commission Clerk, Florene Davidson at
florene.davidson@state.nm.us or (505) 470-5480, or visit the Hearings page on
the OCD’s website at http://www.emnrd.state.nm.us/OCD/hearings.html. The
hearing may be continued to the following day(s) if not completed.
Proposed
Modifications, Technical Testimony, and Cross Examination. Any person intending to propose a
modification to the proposed rule changes, 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 pm
on May 26, 2021. 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 by
electronic mail to OCC.Hearings@state.nm.us. Any person who presents technical
testimony will be subject to cross-examination on the subject matter of the
person’s direct testimony by the members of the Commission, the Commission’s
counsel, or another person who has filed a Pre-Hearing Statement.
Oral Comments.
Any person who has not submitted a Pre-Hearing Statement may present
non-technical testimony or make an unsworn statement or comment at the hearing,
and may offer exhibits at the hearing so long as the exhibits are relevant to
the proposed rule changes and do not unduly repeat testimony. Any person who
presents non-technical testimony will be subject to cross-examination on the
subject matter of the person’s direct testimony by the Commission, the
Commission’s counsel, or another person who has filed a Pre-Hearing Statement.
Any person who presents an unsworn statement or comment shall not be subject to
cross-examination. To facilitate this virtual hearing, persons wishing to
present non-technical testimony or make an unsworn statement or comment at the
hearing should contact the Commission Clerk, Florene Davidson, at
florene.davidson@state.nm.us or (505) 470-5480, prior to the hearing so that a
list of persons may be prepared in
advance. Notwithstanding this procedure, after the Commission has heard each
person on the list, the Commission will open the virtual floor to any person
who wishes to offer non-technical testimony or an unsworn statement or comment
relevant to the proposed rule changes.
Public Comments.
Any person may submit comments on the proposed rule changes no later
than 9:00 am on June 9, 2021, 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, at florene.davidson@state.nm.us or (505)
470-5480, or through the New Mexico Relay Network at 1-800-659-1779, no later
than five (5) days prior to the day(s) you wish to attend or participate.
Technical
Information.
The following
technical information served as the basis for the proposed rule changes:
EPA,
Hydraulic Fracturing for Oil and Gas: Impacts from the Hydraulic Fracturing
Water Cycle on Drinking Water Resources in the United States,
EPA-600-R-16-236Fa (Dec. 2016), available at: www.epa.gov/hfstudy.
Oil Conservation Division spill records may be accessed
online at:
https://wwwapps.emnrd.state.nm.us/ocd/ocdpermitting/Data/Spills/Spills.aspx,
using the following search parameters under “Spill
Details”:
·
Spill Material: All; Dates: 1/1/2010 –
12/31/2020
·
Spill Material: All; Dates: 1/1/2020 –
12/31/2020
·
Spill Material: Crude Oil: Dates: 1/1/2010 – 12/31/2020
·
Spill Material: Crude Oil: Dates: 1/1/2020
– 12/31/2020
·
Spill Material: Produced Water: Dates: 1/1/2010 – 12/31/2020
·
Spill Material: Produced Water: Dates:
1/1/2020 – 12/31/2020
Pre-Hearing Statements, including technical testimony and
exhibits, will be posted for public inspection on the Division’s website at
http://ocdimage.emnrd.state.nm.us/imaging/CaseFileCriteria.aspx
or by searching for Case File No. 21834.