TITLE 19 NATURAL RESOURCES AND WILDLIFE
CHAPTER 15 OIL AND GAS
PART 29 RELEASES
19.15.29.1 ISSUING AGENCY: Oil Conservation Commission.
[19.15.29.1
NMAC - Rp, 19.15.29.1 NMAC, 8/14/2018]
19.15.29.2 SCOPE: 19.15.29 NMAC applies to persons engaged in oil
and gas development and production within New Mexico.
[19.15.29.2
NMAC - Rp, 19.15.29.2 NMAC, 8/14/2018]
19.15.29.3 STATUTORY AUTHORITY: 19.15.29 NMAC is adopted pursuant to the Oil
and Gas Act, Section 70-2-11 NMSA 1978 (1977) and Section 70-2-12 NMSA 1978
(2004).
[19.15.29.3
NMAC - Rp, 19.15.29.3 NMAC, 8/14/2018]
19.15.29.4 DURATION: Permanent.
[19.15.29.4
NMAC - Rp, 19.15.29.4 NMAC, 8/14/2018]
19.15.29.5 EFFECTIVE DATE: August 14, 2018, unless a later date is cited
at the end of a section.
[19.15.29.5
NMAC - Rp, 19.15.29.5 NMAC, 8/14/2018]
19.15.29.6 OBJECTIVE: To prohibit releases and require persons who
operate or control the release or the location of the release to report the
unauthorized release of oil, gases, produced water, condensate or oil field
waste including regulated NORM or other oil field related chemicals,
contaminants or mixtures of those chemicals or contaminants that occur during
drilling, producing, storing, disposing, injecting, transporting, servicing or
processing and to establish procedures for reporting, site assessment,
remediation, closure, variance and enforcement.
[19.15.29.6
NMAC - Rp, 19.15.29.6 NMAC, 8/14/2018; A, 8/24/2021]
19.15.29.7 DEFINITIONS:
A. “Major release” means:
(1) an
unauthorized release of a volume, excluding gases, of 25 barrels or more;
(2) an
unauthorized release of a volume that:
(a) results
in a fire or is the result of a fire;
(b) may
with reasonable probability reach a watercourse;
(c) may
with reasonable probability endanger public health; or
(d) substantially
damages property or the environment;
(3) an
unauthorized release of gases exceeding 500 MCF; or
(4) a
release of a volume that may with reasonable probability be detrimental to
fresh water.
B. “Minor release” means an unauthorized
release, which is not a major release and is a volume greater than five barrels
but less than 25 barrels; or for gases, greater than 50 MCF but less than 500
MCF.
C. “Responsible party” means the operator,
as defined in 19.15.2 NMAC.
Notwithstanding the foregoing, the division, in its sole discretion, may
also consider a person causing the release, or controlling the location of the
release as the responsible party.
D. “Wellstream”
means the gas, oil, water, suspended constituents, or any combination thereof,
which comes from the wellbore.
[19.15.29.7
NMAC - Rp, 19.15.29.7 NMAC, 8/14/2018]
19.15.29.8 RELEASES:
A. Prohibition. Except as provided in 19.15.27 NMAC or
19.15.28 NMAC, major releases and minor releases are prohibited.
B. Requirements. For all releases regardless of volume, the
responsible party shall comply with 19.15.29.8 NMAC and shall remediate the
release. For major and minor releases,
the responsible party shall also comply with 19.15.29.9, 19.15.29.10,
19.15.29.11, 19.15.29.12 and 19.15.29.13 NMAC.
C. Initial response.
The responsible party must take the following immediate actions unless
the actions could create a safety hazard that would result in injury.
(1) Source elimination and site security. The responsible party must take appropriate
measures to stop the source of the release and limit access to the site as
necessary to protect human health and the environment.
(2) Containment. Once the site is secure, the responsible
party must contain the materials released by construction of berms or dikes,
the use of absorbent pads or other containment actions to limit the area
affected by the release and prevent potential fresh water contaminants from
migrating to watercourses or areas that could pose a threat to public health
and environment. The responsible party
must monitor the containment to ensure that it is effectively containing the
material and not being degraded by weather or onsite activity.
(3) Site
stabilization. After containment,
the responsible party must recover any free liquids and recoverable materials
that can be physically removed from the surface within the containment
area. The responsible party must deliver
material removed from the site to a division-approved facility.
(4) Remediation. The responsible party may commence
remediation immediately.
[19.15.29.8
NMAC - Rp, 19.15.29.8 NMAC, 8/14/2018; A, 8/24/2021]
19.15.29.9 RELEASE NOTIFICATION:
A. The responsible
party must notify the division on form C-141 of a major or minor release occurring
during the drilling, producing, storing, disposing, injecting, transporting,
servicing or processing of oil, gases, produced water, condensate or oil field
waste including regulated NORM, or other oil field related chemicals,
contaminants or mixture of the chemicals or contaminants, in accordance with
the requirements of 19.15.29 NMAC.
B. If state,
federal or tribal lands are involved, the responsible party must send a copy of
the form C-141 to the appropriate land managing agency including the state land
office, the BLM or tribal authority, as applicable.
[19.15.29.9
NMAC - Rp, 19.15.29.9 NMAC, 8/14/2018]
19.15.29.10 RELEASE NOTIFICATION REPORTING
REQUIREMENTS: The responsible party must notify the
division of releases in 19.15.29.9 NMAC as follows.
A. Reporting a major release.
(1) The
responsible party must notify the division’s environmental bureau chief and the
appropriate division district office verbally or by e-mail within 24 hours of
discovery of the release. The
notification must provide the information required on form C-141.
(2) The
responsible party must also notify the appropriate division district office in
writing within 15 days of discovering the release by completing and filing form
C-141. The written notification must verify
the prior verbal or e-mail notification and include additions or corrections to
the information contained in the prior verbal or e-mail notification.
B. Reporting a minor release. The responsible party must notify the
appropriate division district office in writing within 15 days of discovery of
the release by completing and filing form C-141.
[19.15.29.10
NMAC - Rp, 19.15.29.10 NMAC, 8/14/2018]
19.15.29.11 SITE ASSESSMENT/CHARACTERIZATION: After the responsible party has removed all free
liquids and recoverable materials, the responsible party must assess soils both
vertically and horizontally for potential environmental impacts from any major
or minor release containing liquids.
A. Characterization
requirements. The responsible party
must submit information characterizing the release to the appropriate division
district office within 90 days of discovery of the release or characterize the
release by submitting a final closure report within 90 days of discovery of the
release in accordance with Subsection E of 19.15.29.12 NMAC. The responsible party may seek an extension
of time to submit characterization information for good cause as determined by
the division. The responsible party must
submit the following information to the division.
(1) Site map. The responsible party must provide a scaled
diagram that shows the potentially impacted area, significant surface features
including roads and site infrastructure, location of borings, sample points,
monitoring wells and subsurface features such as known pipelines to the extent
known at the time of submittal including the source of information regarding
subsurface features.
(2) Depth to ground water. The responsible party must determine the
depth to ground water where the release occurred. If the exact depth to ground water is
unknown, the responsible party must provide a reasonable determination of
probable ground water depth using data generated by numeric models, cathodic
well lithology, water well data, published information or other tools as
approved by the appropriate division district office. If the responsible party uses water well
data, the responsible party must provide all pertinent well information.
(3) Wellhead protection area. The responsible party must determine the
horizontal distance from all known water sources within a half mile of the
release including private and domestic water sources. Water sources are wells, springs or other
sources of fresh water extraction.
Private and domestic water sources are those water sources used by less
than five households for domestic or stock purposes.
(4) Distance to nearest significant
watercourse. The responsible party
must determine the horizontal distance to the nearest significant watercourse
as defined in Subsection P of 19.15.17.7 NMAC within a half mile of any
horizontal boundary of the release.
(5) Soil/waste characteristics. The responsible party must determine the
lateral and vertical extents of soil contamination, as follows.
(a) If
the release occurred within a lined containment area, the responsible party
must demonstrate liner integrity after affected material is removed and the
affected area of the liner is exposed and provide:
(i) certification
on form C-141 that the responsible party has visually inspected the liner where
the release occurred and the liner remains intact and had the ability to
contain the leak in question; and
(ii) at
least two business days’ notice to the appropriate division district office
before conducting the liner inspection.
(b) If
the responsible party is unable to demonstrate liner integrity or the release
occurred outside of a lined containment area, the responsible party must
delineate the release horizontally and vertically using Table I of 19.15.29.12
NMAC constituents or as required by Subparagraph (e) of Paragraph (5) of
Subsection A of 19.15.29.11 NMAC based on the type of release. The responsible party shall use one or more
of the following soil sampling methods for characterization:
(i) NRCS
Field Guide;
(ii) EPA
SW-846;
(iii) ASTM
Method 4547;
(iv) EPA
600; or
(v) or
other division-approved methods.
(c) In
addition to Subparagraph (b) of Paragraph (5) of Subsection A of 19.15.29.11
NMAC, if the release occurred outside of a lined containment area and is in an
area where depth to ground water is greater than 50 feet and less than or equal
to 100 feet, the responsible party must delineate the vertical extent of the
release to the greater of 600 mg/kg chloride or background chloride level, if:
(i) the
release contains produced water that exceeds 10,000 mg/l of chloride (if the
responsible party contends the fluid is less than 10,000 mg/l, the responsible
party must provide current sample results to the division); and
(ii) the
release is of an unknown quantity or results in greater than 200 barrels of
unrecovered produced water.
(d) If
the conditions are met in Subparagraph (c) of Paragraph (5) of Subsection A of
19.15.29.11 NMAC, the responsible party must submit at least two soil samples
for laboratory analysis from each borehole or sample point (highest observed
contamination and deepest depth investigated).
Field screening and assessment techniques are acceptable (headspace,
titration, electrical conductivity [include algorithm for validation purposes],
electromagnetics, etc.), but the sampling procedures must be clearly
defined. The responsible party must
submit copies of field notes attributable to field sampling and provide copies
of the actual laboratory results including chain of custody documentation.
(e) If a known release of other oil field related
chemicals occurs that is not included in Table I of 19.15.29.12 NMAC, and does
not include oil, gas, produced water or other fluids from the wellstream, the
standards for remediation shall be as follows:
(i) if
the constituent appears on Table 1 of 40 C.F.R. 261.24(b), then that
constituent shall be remediated according to 40 C.F.R. 261.24;
(ii) if the constituent
is not identified in Table 1 of 40 C.F.R. 261.24(b), but is identified in the
New Mexico environment department’s Risk Assessment Guidance for Site
Investigations and Remediation Volumes I and II (assessment), the division will
determine the appropriate Assessment Volume and remediation shall occur pursuant
to the assessment;
(iii) if
the constituent is not identified in Items (i) or (ii) of Subparagraph (e) of
Paragraph (5) of Subsection A of 19.15.29.11 NMAC, the division shall consult
with the responsible party to determine appropriate remediation of the release.
B. Unless the site
characterization report includes completed efforts at remediation, the report
must include a proposed remediation plan in accordance with 19.15.29.12 NMAC,
which includes the anticipated timelines for beginning and completing the
remediation.
C. If the division
determines that more information is needed to understand the character of the
release and its potential impact on fresh water, public health and the
environment, the division may request the responsible party submit additional
information. Should the division request
additional information, it must do so in writing to the responsible party
within 30 days from receipt of the characterization report or remediation plan
with what specific information the division is requesting and reasons why the
additional information is needed. The
responsible party has 14 days to respond to a written request for additional
information. If the responsible party
disagrees with the request for additional information, it may consult with the
division, or file an application for hearing pursuant to 19.15.4 NMAC within 30
days of the issuance of the request for additional information.
[19.15.29.11
NMAC - Rp, 19.15.29.11 NMAC, 8/14/2018]
19.15.29.12 REMEDIATION AND CLOSURE:
A. The responsible
party must remediate all releases regardless of volume.
B. Remediation requirements.
(1) Unless
remediation is completed, and a final closure report submitted, within 90 days
of discovery of the release, the responsible party must complete
division-approved remediation for releases either pursuant to a remediation
plan approved pursuant to 19.15.29.12 NMAC or pursuant to an abatement plan in
accordance with 19.15.30 NMAC. If the
director determines that the release has caused water pollution in excess of
the standards and requirements of 19.15.30 NMAC, the director may notify the
responsible party that an abatement plan may be required pursuant to 19.15.30
NMAC.
(2) Any
remediation under 19.15.29 NMAC should be completed as soon as practicable. Any remediation that exceeds 90 days must
follow the division-approved timeline in the remediation plan. The responsible party may request an
extension of time to remediate upon a showing of good cause as determined by
the division.
C. Remediation plan
requirements. The responsible party
must take the following action for any major or minor release containing
liquids.
(1) The
responsible party must submit a detailed description of proposed remediation
measures in accordance with the findings of the site
assessment/characterization plan that includes:
(a) delineation
results, including laboratory analysis;
(b) a
scaled sitemap showing release area with horizontal and vertical delineation
points;
(c) estimated
volume of impacted material to be remediated;
(d) proposed
remediation technique; and
(e) proposed
timeline for remediation activities.
(3) The
responsible party shall remediate the impacted surface area of a release not
occurring on a lined, bermed or otherwise contained exploration, development,
production or storage site to meet the standards of Table I of 19.15.29.12 NMAC
or other applicable remediation standards and restore and reclaim the area
pursuant to 19.15.29.13 NMAC.
(4) If
a release occurs within the following areas, the responsible party must treat
the release as if it occurred less than 50 feet to ground water in Table I of
19.15.29.12 NMAC:
(a) within
(i) 300
feet of any continuously flowing watercourse or any other significant
watercourse, or
(ii) 200
feet of any lakebed, sinkhole or playa lake (measured from the ordinary
high-water mark);
(b) within
300 feet from an occupied permanent residence, school, hospital, institution or
church;
(c) 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) 1000 feet of
any fresh water well or spring;
(d) within
incorporated municipal boundaries or within a defined municipal fresh water
well field covered under a municipal ordinance adopted pursuant to Section
3-27-3 NMSA 1978 as amended, unless the municipality specifically approves;
(e) within
300 feet of a wetland;
(f) within
the area overlying a subsurface mine;
(g) within
an unstable area; or
(h) within
a 100-year floodplain.
(5) The
division has 60 days from receipt of the proposed remediation plan to review
and approve, approve with conditions or deny the remediation plan. If 60 days have
lapsed without response from the division, then the plan is deemed denied. If the plan is
approved with conditions or affirmatively denied, the division shall provide a
written summary of deficiencies on which the decision is based. If the responsible party disagrees with
any conditions of approval or denial of the plan, it shall consult with the
division or file an application for hearing pursuant to 19.15.4 NMAC within 30
days of the denial or issuance of the conditions.
D. Closure requirements. The responsible party must take the following
action for any major or minor release containing liquids.
(1) The
responsible party must test the remediated areas for contamination with
representative five-point composite samples from the walls and base, and
individual grab samples from any wet or discolored
areas. The samples must be analyzed
for the constituents listed in Table I of 19.15.29.12 NMAC or constituents from
other applicable remediation standards.
(a) The
responsible party must verbally notify the appropriate division district office
two business days prior to conducting final sampling. If the division district office does not
respond to the notice within the two business days, the responsible party may
proceed with final sampling. The
responsible party may request a variance from this requirement upon a showing
of good cause as determined by the division.
(b) The
responsible party may submit a composite and grab sample plan for the
division’s review and approval separately or with the remediation plan.
(c) Alternately,
without division approval, the responsible party may elect to perform a composite
and grab sample plan of the remediated area where each composite sample is not
representative of more than 200 square feet.
(2) If
all composite and grab sample concentrations are less than or equal to the
parameters listed in Table I of 19.15.29.12 NMAC or any conditions of approval,
then the responsible party may proceed to backfill any excavated areas.
E. Closure reporting. The responsible party must take the following
action for any major or minor release containing liquids.
(1) The
responsible party must submit to the division a closure report on form C-141,
including required attachments, to document all closure activities including
sampling results and the details on any backfilling, capping or covering, where
applicable. The responsible party must
certify that all information in the closure report and attachments is correct
and that the responsible party has complied with all applicable closure
requirements and conditions specified in division rules or directives. The responsible party must submit closure
report along with form C-141 to the division within 90 days of the remediation
plan approval. The responsible party may
apply for additional time to submit the final closure report upon a showing of
good cause as determined by the division.
The final report must include:
(a) a
scaled site and sampling diagram;
(b) photographs
of the remediated site prior to backfill;
(c) laboratory
analyses of final sampling; and
(d) a
description of all remedial activities.
(2) The
division district office has 60 days to review and approve or deny the closure
report. If 60 days have lapsed without
response from the division, then the report is deemed denied. If the report is affirmatively denied, the
division shall provide a written summary of deficiencies on which the decision
is based. If the responsible party
disagrees with denial of the closure report, it may consult with the division
or file an application for hearing pursuant to 19.15.4 NMAC within 30 days of
the denial.
|
Table
I Closure
Criteria for Soils Impacted by a Release |
|||
|
Minimum depth
below any point within the horizontal boundary of the release to ground water
less than 10,000 mg/l TDS |
Constituent |
Method* |
Limit** |
|
< 50 feet |
Chloride*** |
EPA 300.0 or
SM4500 Cl B |
600 mg/kg |
|
TPH (GRO+DRO+MRO) |
EPA SW-846 Method 8015M |
100 mg/kg |
|
|
BTEX |
EPA SW-846
Method 8021B or 8260B |
50 mg/kg |
|
|
Benzene |
EPA SW-846
Method 8021B or 8260B |
10 mg/kg |
|
|
51 feet-100 feet |
Chloride*** |
EPA 300.0 or
SM4500 Cl B |
10,000 mg/kg |
|
TPH (GRO+DRO+MRO) |
EPA SW-846 Method
8015M |
2,500 mg/kg |
|
|
GRO+DRO |
EPA SW-846
Method 8015M |
1,000 mg/kg |
|
|
BTEX |
EPA SW-846
Method 8021B or 8260B |
50 mg/kg |
|
|
Benzene |
EPA SW-846
Method 8021B or 8260B |
10 mg/kg |
|
|
>100 feet |
Chloride*** |
EPA 300.0 or
SM4500 Cl B |
20,000 mg/kg |
|
TPH (GRO+DRO+MRO) |
EPA SW-846
Method 8015M |
2,500 mg/kg |
|
|
GRO+DRO |
EPA SW-846
Method 8015M |
1,000 mg/kg |
|
|
BTEX |
EPA SW-846
Method 8021B or 8260B |
50 mg/kg |
|
|
Benzene |
EPA SW-846
Method 8021B or 8260B |
10 mg/kg |
|
*Or
other test methods approved by the division.
**Numerical
limits or natural background level, whichever is greater.
***This
applies to releases of produced water or other fluids, which may contain
chloride.
[19.15.29.12
NMAC - N, 8/14/2018]
19.15.29.13 RESTORATION, RECLAMATION AND
RE-VEGETATION:
A. The responsible
party must substantially restore the impacted surface areas to the condition
that existed prior to the release or their final land use. Restoration of the site must include the
replacement of removed material and must be replaced to the near original
relative positions and contoured to achieve erosion control, long-term
stability and preservation of surface water flow patterns.
B. Areas reasonably
needed for production operations or for subsequent drilling operations must be
compacted, covered, paved or otherwise stabilized and maintained in such a way
as to minimize dust and erosion to the extent practical.
C. The responsible
party must construct the soil cover to the site’s existing grade and prevent
ponding of water and erosion of the cover material.
D. Reclamation of areas no longer in use. The responsible party shall reclaim all areas
disturbed by the remediation and closure, except areas reasonably needed for
production operations or for subsequent drilling operations, as early and as
nearly as practical to their original condition or their final land use and
maintain those areas to control dust and minimize erosion to the extent
practical.
(1) The
reclamation must contain a minimum of four feet of non-waste containing,
uncontaminated, earthen material with chloride concentrations less than 600
mg/kg as analyzed by EPA Method 300.0, or other test methods approved by the
division. The soil cover must include a
top layer, which is either the background thickness of topsoil or one foot of
suitable material to establish vegetation at the site, whichever is greater.
(2) The
responsible party must reseed disturbed area in the first favorable growing
season following closure of the site.
(3) The
division will consider reclamation of all disturbed areas complete when 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.
(4) For
any major or minor release containing liquids, the responsible party must
notify the division when reclamation and re-vegetation are complete.
E. The surface
restoration, reclamation and re-vegetation obligations imposed by federal or
state agencies or tribes on lands managed or owned by those agencies supersede
these provisions and govern the obligations of any responsible party subject to
those provisions, provided that the other requirements provide equal or better
protection of fresh water, human health and the environment.
[19.15.29.13
NMAC - N, 8/14/2018]
19.15.29.14 VARIANCES:
A. A responsible
party may file a written request for a variance from any requirement of
19.15.29 NMAC with the appropriate division district office. The variance request must include:
(1) a
detailed statement explaining the need for a variance; and
(2) a
detailed written demonstration that the variance will provide equal or better
protection of fresh water, public health and the environment.
B. The division
district office must approve or deny the variance in writing within 60 days of
receipt. If the division district office
denies the variance, it must provide the responsible party with the reasons for
denial.
C. If the division
district office does not approve or deny a request for variance from the
requirements of 19.15.29 NMAC within 60 days of the date the request for
variance is received by the division district office, then the request for
variance is deemed denied and the responsible party may file an application for
a hearing pursuant to 19.15.4 NMAC within 30 days of the denial.
D. If the
responsible party requests a hearing pursuant to 19.15.4 NMAC within 30 days
after receipt of notice, the division must set the matter for hearing with
notice to the responsible party and appropriate division district office.
E. In addition to
the notice provisions in 19.15.4 NMAC, the responsible party must provide
notice of the hearing on the request for variance to the surface owner of the site
by certified mail, return receipt requested, at least 20 days prior to the date
of the hearing.
F. Variances must
receive division approval prior to implementation.
[19.15.29.14
NMAC - N, 8/14/2018]
19.15.29.15 ENFORCEMENT:
A. The responsible
party must comply with all the requirements of 19.15.29 NMAC. The division may take enforcement action
pursuant to 19.15.5.10 NMAC against any responsible party who does not comply
with 19.15.29 NMAC.
B. A responsible
party may enter a stipulated final order with the division for any violation of
19.15.29 NMAC, except for 19.15.29.9 NMAC.
An agreed compliance order may be entered prior to or after the filing
of an application by the division or any other party for an administrative
compliance proceeding. Any
administrative compliance order will have the same force and effect as a
compliance order issued after an adjudicatory hearing.
C. The director or
the director’s designee may deny any application or permit, including but not
limited to, a permit to drill, deepen or plug back a well if the responsible
party is not in compliance with a court order or final order arising from
19.15.29 NMAC.
[19.15.29.15
NMAC - N, 8/14/2018; A, 8/24/2021]
19.15.29.16 TRANSITIONAL PROVISIONS:
A. Responsible parties
with current ongoing corrective actions/remediation with approved plans and
timelines as of August 14, 2018 do not have to submit revised plans.
B. Responsible
parties with ongoing corrective actions/remediation without approved timelines
or plans as of August 14, 2018 must submit a characterization plan or
corrective action/remediation plan with proposed timeframes within 90 days of
August 14, 2018.
[19.15.29.16
NMAC - N, 8/14/2018]
HISTORY
of 19.15.29 NMAC:
History of
Repealed Material:
19.15.3
NMAC, Drilling (filed 10/29/2001) repealed 12/1/2008.
19.15.29 NMAC, Release Notification (filed
12/1/2008) was repealed effective 8/14/2018.
NMAC
History:
That
applicable portion of 19.15.3 NMAC, Drilling (Section 116) (filed 10/29/2001) was
replaced by 19.15.29 NMAC, Release Notification, effective 12/1/2008.
19.15.29 NMAC, Release Notification (filed
12/1/2008) was repealed and replaced by 19.15.29, Releases, effective
8/14/2018.