New Mexico Register / Volume XXXVI,
Issue 12 / June 24, 2025
TITLE 20 ENVIRONMENTAL
PROTECTION
CHAPTER 6 WATER
QUALITY
PART 8 GROUND AND SURFACE WATER PROTECTION
– SUPPLEMENTAL REQUIREMENTS FOR WATER REUSE
20.6.8.1 ISSUING
AGENCY:
Water Quality Control Commission
[20.6.8.1 NMAC - N, 07/12/2025]
20.6.8.2 SCOPE: All persons subject to regulation implemented through
the department pursuant to the Water Quality Act, Sections 74-6-1 et seq, NMSA
1978 and specifically to persons intending to reuse wastewater and their
operations.
[20.6.8.2 NMAC - N, 07/12/2025]
20.6.8.3 STATUTORY
AUTHORITY:
Standards and regulations are adopted by the commission under the authority of
the Water Quality Act, Sections 74-6-1 through 74-6-17 NMSA 1978 and the
Produced Water Act, Subsection B of Section 70-13-3 NMSA 1978 and Subsection D
of Section 70-13-4 NMSA 1978.
[20.6.8.3 NMAC - N, 07/12/2025]
20.6.8.4 DURATION: December 31,
2030.
[20.6.8.5 NMAC - N, 07/12/2025]
20.6.8.5 EFFECTIVE
DATE:
July 12, 2025, unless a later date is indicated in the history note at the end
of a section.
[20.6.8.6 NMAC - N, 07/12/2025]
20.6.8.6 OBJECTIVE: The objective of
20.6.8 NMAC is to supplement the general requirements
of 20.6.2.1200 through 20.6.2.2201 NMAC and 20.6.4.8 through 20.6.4.900 NMAC,
and the general groundwater permitting requirements of 20.6.2.3000 through
20.6.2.3114 NMAC to control the discharges of water contaminants specific to
water reuse.
[20.6.8.6 NMAC - N, 07/12/2025]
20.6.8.7 DEFINITIONS: The following
terms as used in this part shall have the following meanings: terms defined in
the Water Quality Act, but not defined in this part, shall have the meaning
given in the act.
A. Terms beginning with numerals or the
letter “A,” and abbreviations for units. [RESERVED]
B. Terms beginning with the letter “B”.
[RESERVED]
C. Terms beginning with the letter “C”.
[RESERVED]
D. Terms beginning with the letter “D”.
(1) “Department” means the New Mexico
environment department.
(2) “Direct potable reuse” means the
application of reclaimed wastewater for drinking water purposes through the
delivery of purified water directly to a drinking water plant or a drinking
water distribution system without an environmental buffer. Additional
treatment, monitoring, or an engineered buffer would be used in place of an
environmental buffer to provide equivalent protection of public health and
response time if the purified water does not meet specifications.
(3) “Discharge permit” as defined in 20.6.2 NMAC.
(4) “Disposal” as defined in 20.6.2
NMAC.
(5) “Domestic wastewater” means
untreated wastewater containing human excreta and water-carried waste from
typical residential plumbing fixtures and activities, including but not limited
to, wastes from toilets, sinks, bath fixtures, clothes or dishwashing machines
and floor drains.
E. Terms beginning with the letter “E”.
“Environmental buffer" means any ground water, streams, lakes, or
impoundments used for reuse water storage or conveyance purposes related to an
indirect potable application.
F. Terms beginning with the letter
“F”. “Feasibility study” means a study conducted by a person to determine if a
new or modified domestic wastewater treatment technology will be technically,
economically, or financially viable for use in a direct or indirect potable
application.
G. Terms beginning with the letter “G”.
“Ground water”
as defined in 20.6.2 NMAC.
H. Terms beginning with the letter “H”. [RESERVED]
I. Terms beginning with the letter
“I”.
(1) “Indirect potable reuse” means
the application of reclaimed wastewater for drinking water purposes with an
intermediary environmental or constructed buffer.
(2) “Injection” as defined in 20.6.2
NMAC.
J. Terms beginning with the letter
“J”.
[RESERVED]
K. Terms beginning with the letter “K”. [RESERVED]
L. Terms beginning with the letter “L”. [RESERVED]
M. Terms beginning with the letter “M”. [RESERVED]
N. Terms beginning with the letter “N”.
(1) “National Pollutant Discharge
Elimination System” means the federal program for issuing, modifying,
revoking, and reissuing, terminating, monitoring, and enforcing permits, and
imposing and enforcing pretreatment requirements, under Sections 307, 318, 402,
and 405 of the federal Clean Water Act.
(2) “NPDES permit” means a national
pollutant discharge elimination permit which is an authorization, license, or
equivalent control document issued by the authorized permitting entity to
implement the requirements of the federal program as identified in 40 C.F.R.
Sections 122, 123, and 124.
O. Terms beginning with the letter “O”. [RESERVED]
P. Terms beginning with the letter
“P”.
(1) “Person” as defined in 20.6.2
NMAC.
(3) “Potable” means water that
that meets state drinking water standards at 20.7.10 NMAC and is otherwise
suitable for human consumption.
(4) “Pretreatment” means the
reduction, elimination, or alteration of pollutants in wastewater prior to or
in lieu of discharging into a publicly owned treatment works (POTW) or other
wastewater treatment facility. The reduction or alteration may be obtained by
physical, chemical, or biological processes, process changes, or by other
means. Appropriate pretreatment technology includes control equipment, such as
equalization tanks or facilities, for protection against volumetric or
pollutant surges or load variations that might interfere with or otherwise be
incompatible with the treatment facility.
Q. Terms beginning with the letter “Q”.
[RESERVED]
R. Terms beginning with the letter “R”.
(1) “Reclaimed wastewater” means
domestic wastewater that has been treated to the specified levels for the
defined applications and complies with other applicable local, state, or
federal regulations.
S. Terms beginning with the letter
“S”.
(1) “State” means the state of New
Mexico.
(2) “Surface water” means a “surface
water(s) of the state” as defined in 20.6.4 NMAC.
T. Terms beginning with the letter “T”.
(1) “Treated wastewater” means
wastewater that has undergone treatment.
U. Terms beginning with the letter “U”.
(1) “Untreated produced water” means
produced water that has not undergone treatment.
(2) “Untreated wastewater” means
wastewater that has not undergone treatment.
V. Terms beginning with the letter “V”. [RESERVED]
W. Terms beginning with the letter “W”.
(1) “Water pollutant” as defined in
20.6.4 NMAC.
(2) “Water pollution” as defined in
Section 74-6-2 NMSA 1978.
(3) “Wastewater” means water or other
fluids associated directly with sewerage systems, industrial processes, or
produced water that is disposed of, or undergoes treatment for discharge,
transfer, storage, disposal, distribution, or reuse. Wastewater in this Part
does not include dairy wastewater, as defined in 20.6.6 NMAC.
X-Z. Terms beginning with the letters “X”
through “Z”.
[RESERVED]
[20.6.8.7 NMAC – N, 07/12/2025]
20.6.8.8 – 20.6.8.99 [RESERVED]
[20.6.8.8-20.6.8.99 NMAC – N, 07/12/2025]
20.6.8.100 GENERAL PROVISIONS: Unless otherwise required by this Part, all persons
are subject to the state’s Ground and Surface Water Protection Regulations at
20.6.2 NMAC.
[20.6.8.100 NMAC – N, 07/12/2025]
20.6.8.101 – 20.6.8.199 [RESERVED]
[20.6.8.101-20.6.8.199 NMAC – N, 07/12/2025]
20.6.8.200 DOMESTIC
WASTEWATER REUSE: [RESERVED]
[20.6.8.200 NMAC – N, 07/12/2025]
20.6.8.201 DIRECT AND INDIRECT POTABLE
APPLICATIONS:
A. Unauthorized applications. The department
shall not approve a discharge permit or a discharge permit modification that
includes the discharge of reuse water for direct or indirect potable
applications except for those authorized applications identified in Subsection
B of 20.6.8.201 NMAC.
B. Authorized applications. Feasibility
studies: Persons proposing to conduct a feasibility study for direct or
indirect potable applications shall;
(1) Comply with all applicable permitting
requirements in 20.6.2 and 20.6.4 NMAC.
(2) Ensure there is no connection between
a potable water system and the water being studied and no cross connections
exist between feasibility study-water and a community’s potable water supply.
(3) Ensure that all direct and indirect
potable reuse feasibility studies are conducted in a manner that does not
interfere with ongoing operations at the wastewater and drinking water
facilities.
(4) Obtain approval from the department,
through either a discharge permit or NPDES permit and comply with all
conditions therein.
[20.6.8.201 – N, 07/12/2025]
20.6.8.202-299 [RESERVED]
[20.6.8.202-20.6.8.299 NMAC – N, 07/12/2025]
20.6.8.300 INDUSTRIAL
WASTEWATER REUSE: [RESERVED]
[20.6.8.300 NMAC – N, 07/12/2025]
20.6.8.301-399 [RESERVED]
[20.6.8.301-20.6.8.399 NMAC – N, 07/12/2025]
20.6.8.400 PRODUCED WATER REUSE: As provided in the Water Quality Act, Subsection P of
Section 74-6-4 NMSA 1978, and the Produced Water Act, Subsection B of Section
70-13-3 NMSA 1978, the following provisions apply to the discharge of produced
water for activities unrelated to the exploration, drilling, production,
treatment, or refinement of oil or gas.
A. General requirements.
(1) Untreated produced water discharge to
surface water: No person shall cause or allow untreated produced water to
discharge so that it may move directly or indirectly to a surface water. The
department shall deny certification of any federal permit proposing to
discharge untreated produced water to a surface water.
(2) Treated produced water discharge to
surface water: No person shall cause or allow treated produced water to
discharge so that it may move directly or indirectly to a surface water. The
department shall deny certification of any federal permit proposing to
discharge treated produced water to a surface water.
(3) Untreated produced water discharge to
ground water: No person shall cause or allow untreated produced water to
discharge so that it may move directly or indirectly into ground water. The
department shall not issue a discharge permit or a discharge permit
modification that includes the discharge of untreated produced water.
B. Authorized pilot projects
Pilot projects
determined by the department not to require a discharge permit because the
pilot project will not discharge in a manner that may directly or indirectly
affect ground or surface water, are subject to the following requirements:
(1) Persons intending to conduct a pilot
project shall secure and comply with all applicable federal, state, and local
statutes, permits, and certifications, including the Produced Water Act,
Sections 70-13-1, et. seq NMSA 1978, and including payment of department fees
and satisfying department financial assurance requirements.
(2) The pilot project shall be designed
to provide information specific to untreated produced water quality, treatment
technologies, treated produced water quality, treatment volumes, and toxicity
studies for potential produced water reuse applications.
(3) Any person intending to conduct a
pilot project shall submit to the ground water quality bureau of the department
an application for a produced water pilot project permit prior to use.
(4) Pilot projects shall not commence
until the department has issued a pilot project permit.
(5) Persons distributing, transporting,
storing, treating, or utilizing untreated or treated produced water shall have
written procedures at the locations where the pilot project is physically
located to describe measures to prevent releases onto the ground, directly or
indirectly into ground or surface water.
(6) All untreated and treated produced
water shall be handled, transported, distributed, and stored in accordance with
all applicable local, state, and federal regulations.
(7) Any release of untreated or treated
produced water is subject to the notifications and corrective actions in
20.6.2.1203 NMAC except releases under the authority of the oil conservation
commission pursuant to the provisions of the Oil and Gas Act, NMSA 1978,
Section 70-2-12 and other laws conferring power on the oil conservation
commission and the oil conservation division of the energy, minerals, and
natural resources department to prevent or abate water pollution.
(8) Persons disposing of untreated or
treated produced water, as part of the final disposition following a pilot
project shall use an appropriate method approved by the department, which may
include one of the following methods in accordance with the relative
permit: discharge to a produced water
disposal well permitted pursuant to the oil conservation commission’s
regulations for oil and gas injection at 19.15.26 NMAC, delivery to a surface
waste management facility permitted pursuant to the oil conservation
commission’s regulations for oil and gas surface waste management facilities at
19.15.36 NMAC, or disposal in a permanent pit permitted pursuant to the oil
conservation commission’s regulations for oil and gas pits, closed-loop
systems, below-grade tanks and sumps at 19.15.17 NMAC. The department may
consider alternative disposal options on a case-by-case basis.
(9) Persons disposing of the components
of a pilot project using untreated or treated produced water, as part of the
final disposition must adhere to all local, state, and federal regulations, as
applicable.
C. Produced Water Pilot Project Permit.
(1) Any person intending to use produced
water for an authorized pilot project under Subsection B of 20.6.8.400 NMAC
shall submit to the ground water quality bureau of the department an
application for a produced water pilot project permit prior to use and shall
not proceed with the project until the application is approved.
(a) Applications shall be on a form
provided by the department and shall include the following information:
(i) the name and address of the person
intending to conduct the pilot project;
(ii) the location of the intended pilot
project;
(iii) the concentration of water contaminants
in the untreated produced water used in the pilot project;
(iv) the daily quantity of produced water
treated in the pilot project;
(v) the pilot project research plan and
objectives;
(vi) documentation that the pilot project
design is consistent with the approved uses in Subsection B of 20.6.8.400 NMAC;
(vii) the storage, secondary containment and
spill prevention methods that will be used to prevent accidental discharges;
and the plans for a monitoring program and
devices to detect any such discharges;
(viii) a plan to transport in and transport
out any untreated produced water or treated produced water in a safe manner, in
accordance with state and federal regulations;
(ix) plans for safe handling,
characterization, and proper disposal of produced water, treatment residuals
and wastes, and any materials that come into contact with untreated produced
water or treated produced water, and any other waste generated by the project,
including soils, plant material, treatment equipment, and containment area
materials;
(x) plans to minimize the risk of human
exposure to produced water via any exposure pathway;
(xi) financial assurance in place to cover
the cost of cleanup and remediation in the event of failure during operation
and closure of the pilot project.
(xii) proposed locations and newspaper for
providing notice of the pilot project consistent with the manner of notice
required of discharge permit applications set out in Subsection A of
20.6.2.3108 NMAC.
(b) The department, at its
discretion, may request additional information.
(c) Based on the information provided in
the application, the department shall determine whether the application is
administratively complete and notify the applicant of any deficiencies.
(2) Following a determination that an
application is administratively complete, the applicant and department shall
proceed with the further public notice and participation requirements set out
in Subsections B through N of 20.6.2.3108 NMAC and 20.6.2.3110 NMAC; and the
relevant evaluation and action requirements set out in 20.6.2.3109 and
20.6.2.3111 NMAC. The plans required of the applicant in Paragraph (1) of Subsection
C shall be incorporated into the pilot project permit as enforceable
conditions. The department shall provide
in the permit a daily maximum produced water capacity and the term of any pilot
project permit shall not exceed five years. Appeals from the secretary’s
decisions and the commission’s decisions may be taken in accordance with
20.6.2.3112 and 20.6.2.3113 NMAC.
(3) Data Reporting Requirements
(a) Persons implementing pilot projects
pursuant to Subsection B of 20.6.8.400 NMAC shall submit to the department all
research results, including lab
analyses of all water contaminants in the
untreated produced water and treated produced water, to assist the department
in developing standards and assist the commission in promulgation of
regulations for the use of treated produced water in a manner that prevents
water pollution and protects human health and the environment.
(b) Persons implementing pilot projects
pursuant to Subsection B of 20.6.8.400 NMAC shall submit to the department
monthly reports with the volume of water treated, water quality data for all
liquid streams, and the volumes, mass, and characteristics of liquid and solid
waste disposed of, as requested by the department.
(c) The department shall publish on its
website all applications for produced water pilot project permits, all written
procedures and plans required by Subsections B and C of this Section, the
department’s determination, and supplemental information provided by the
applicant at the department’s request.
[20.6.8.400 NMAC – N, 07/12/2025]
20.6.8.401-20.6.8.899 [RESERVED]
[20.6.8.401-20.6.8.899 NMAC – N, 07/12/2025]
20.6.8.900
REFERENCES:
[RESERVED]
[20.6.8.900 NMAC – N,
07/12/2025]
History of 20.6.8
NMAC: [RESERVED]