New Mexico Register / Volume XXXII, Issue 21 / November 9,
2021
NOTICE OF PUBLIC
HEARING FOR PROPOSED RULEMAKING
The State
of New Mexico through the Oil Conservation Commission (OCC) hereby gives notice
that the OCC will hold a public hearing to consider amendments to the rules that
regulate the venting and flaring of natural gas from natural gas gathering and
processing facilities. The public hearing will be held on-line and by telephone
on December 17, 2021, at 9:00 a.m., and will be continued to the following
day(s) if not completed.
Purpose of Proposed Rules. The proposed amendments correct
an inaccurate lost natural gas calculation, correct
an internal citation, and clarify a provision’s application to gathering
systems.
Summary
of Proposed Rules. The Oil Conservation Division (OCD) proposes to amend
two sections of 19.15.28 NMAC rule, which establishes requirements for
operators of natural gas gathering systems, including gathering pipelines, to report
and reduce the venting and flaring of natural gas, 19.15.28.8(F)(3)
NMAC and 19.15.28.10(B) NMAC.
Legal Authority. The proposed amendments are authorized by the Oil and
Gas Act, Sections 70-2-1 through 70-2-38 NMSA 1978, including Section 70-2-6
(authorizing the OCC 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 OCC 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 OCC
and OCD). The public hearing is governed by the OCC’s rule on rulemaking
proceedings, 19.15.3 NMAC.
Availability of Proposed Rules. The full text of
the proposed rules is available on the OCD’s website, emnrd.nm.gov/ocd, or by
contacting the OCC Clerk, Florene Davidson at florene.davidson@state.nm.us.
Written Comments. Any person may submit written comments on the
proposed amendments no later than December 17, 2021, at 12:00 p.m., unless
extended by the OCC, by mail, email, or delivery to the OCC Clerk, Florene
Davidson, 3rd Floor, Wendell Chino Building, 1220 South St. Francis
Drive, Santa Fe, New Mexico 87505, or florene.davidson@state.nm.us.
Public
Hearing. The public
hearing will be held online and by telephone on December 17, 2021, at 9:00 a.m.,
and will be continued to the following day(s) if not completed. The public
hearing will be transcribed and recorded. To access the public hearing on-line via
the Webex platform and by telephone:
Event
address for attendees: https://nmemnrd.webex.com/nmemnrd/onstage/g.php?MTID=e728f19c2e19c7a3ab805801cbca5794a
Event
number: 2489 662 7330
Event
password: 9E8Nt3XMaUn
Video
Address: 24896627330@nmemnrd.webex.com
You
can also dial 173.243.2.68 and enter your meeting number.
Audio
conference: To receive a call back,
provide your phone number when you join the event, or call the number below and
enter the access code.
United
States Toll +1-408-418-9388
Access
code: 2489 662 7330
Proposed Modifications, Technical
Testimony, and Cross Examination. A person who intends
to propose a modification to the proposed rules, to present technical testimony
at the public hearing, or to cross-examine witnesses at the public hearing must
file six copies of a Pre-Hearing Statement conforming to the requirements of
19.15.3.11(B) NMAC, no later than December 3, 2021, at 5:00 p.m. The
Pre-Hearing Statement must be filed by mail, email, or delivery to the OCC
Clerk, Florene Davidson, 3rd Floor, Wendell Chino Building, 1220
South St. Francis Drive, Santa Fe, New Mexico 87505, florene.davidson@state.nm.us.
A person who presents technical testimony at the public hearing will be subject
to cross-examination by the members of the OCC, the OCC's counsel, and other
persons who filed Pre-Hearing Statements.
Oral Comments. A person who did not file a Pre-Hearing Statement may
present non-technical testimony or make an unsworn statement at the public hearing.
A person who wants to present non-technical testimony or make an unsworn
statement at the public hearing must inform the OCC. A person who presents
non-technical testimony will be subject to cross-examination by the members of
the OCC, the OCC's counsel, and other persons who filed Pre-Hearing Statements.
A person may offer exhibits at the public hearing if the exhibits are relevant to
the proposed rules and the person files the original exhibit and five copies
conforming to the requirements of 19.15.3.12(C) NMAC prior the end of the
public hearing. A person may file exhibits by mail, email, or delivery to the OCC
Clerk, Florene Davidson, 3rd Floor, Wendell Chino Building, 1220
South St. Francis Drive, Santa Fe, New Mexico 87505, florene.davidson@state.nm.us.
Exhibits must be submitted to the OCC Clerk by December 15, 2021, at 5:00 p.m.
Persons with Disabilities. A person with a disability who needs a reader,
amplifier, qualified sign language interpreter, or other form of auxiliary aid
or service, such as a summary or other accessible form of document, in order to
attend or participate in the public hearing, must contact the OCC Clerk,
Florene Davidson, at (505) 476-3458 or florene.davidson@state.nm.us, or through
the New Mexico Relay Network at 1-800-659-1779, no later than December 3, 2021.
Technical Information. There is no technical information for the proposed
rule amendments.