Governor Richardson has proposed amendments to the state's new Pit Rule.
The public hearing on these amendments will be:
Thursday
April 2, 2009
9:00 am
Porter Hall
1220 South St. Francis Drive
Santa Fe, New Mexico
PLEASE SHOW YOUR SUPPORT BY ATTENDING THE HEARING AND URGING THE OIL CONSERVATION COMMISSION TO UPHOLD CURRENT PROTECTIONS.
BACKGROUND:
OGAP, New Mexico Citizens for Clean Air and Water and the New Mexico Environmental Law Center, representatives on Governor Richardson's Pit Rule Task Force - and official parties to the lengthy rulemaking process in 2007 and 2008 - will urge the state not to rollback standards that currently limit the toxicity level of wastes that are buried on oil and gas well sites throughout New Mexico. While we are gravely concerned with the process by which the proposed amendments to the Pit Rule were generated, we are most concerned with the proposal to "increase the chloride waste standard for closure of temporary pits or drying pads by on-site trench burial from 250 milligrams per liter (mg/l) to the greater of 3000 mg/l." It is a shame the proposed Pit Rule changes had no stakeholder input other than industry input and were not subject to any meaningful public discussion. The three organizations filed a motion to continue/delay the hearing for 30 days in order to give us more time to prepare and provide technical information given that everyone has been consumed with the Legislative Session which just ended a week ago. We've heard that our motion will be denied and we should receive official notice of that decision shortly. The Governor has proposed six amendments to the Pit Rule. For full detail on the six proposals, please click on the link below. The OGAP website is chock full of information on the Pit Rule hearing, chemicals used in drilling operations, etc. A link to that webpage is provided below as well.
FOR MORE INFORMATION ON PITS AND NEW MEXICO HEALTH AND TOXICS ISSUES:
http://www.earthworksaction.org/NMToxics.cfm
FOR MORE INFORMATION ON THE HEARING AND THE PIT RULE AMENDMENTS:
http://www.emnrd.state.nm.us/ocd/documents/4-2OCCMEETINGspecial.pdf
http://www.emnrd.state.nm.us/ocd/documents/Application030209WebPosting.pdf
STATE OF NEW MEXICO
ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT
OIL CONSERVATION DIVISION
SANTA FE, NEW MEXICO
The State of New Mexico, through its Oil Conservation Commission hereby gives notice
pursuant to law and Commission rules of the following special meeting and public
hearing to be held at 9:00 A.M. on April 2, 2009, in Porter Hall at 1220 South St. Francis
Drive, Santa Fe, New Mexico, before the Oil Conservation Commission. This public
hearing concerns the amendment of 19.15.17 NMAC (the "Pit Rule"). If additional time
is needed, the hearing may continue at a later date announced by the Commission. If you
are an individual with a disability who is in need of a reader, amplifier, qualified sign
language interpreter or any other form of auxiliary aid or service to attend or participate
in the hearing please contact Commission Clerk Florene Davidson at (505) 476-3458 or
through the New Mexico Relay Network (1-800-659-1779) by March 22, 2009. Public
documents can be provided in various accessible forms. Please contact Ms. Davidson if a
summary or other type of accessible form is needed. A preliminary agenda will be
available to the public no later than two weeks prior to the meeting. A final agenda will
be available no later than 24 hours preceding the meeting. Members of the public may
obtain copies of the agenda by contacting Ms. Davidson at the phone number indicated
above. Also, the agenda will be posted on the Oil Conservation Division website at
www.emnrd.state.nm.us
STATE OF NEW MEXICO TO
All named parties and persons :
having any right, title, interest
or claim in the following cases
and notice to the public.
CASE 14292: Application of the New Mexico Oil Conservation Division for Adoption
of Amendments to Rule 19.15.17 (the "Pit Rule"); Statewide. The State of New Mexico,
through its Oil Conservation Commission, hereby gives notice that the Commission will
conduct a public hearing at 9:00 A.M. on Thursday, April 2, 2009, in Porter Hall at 1220
South St. Francis Drive, Santa Fe, New Mexico, concerning the Oil Conservation
Division's proposal to adopt amendments to 19.15.17 NMAC (the "Pit Rule"). The
proposed amendments will (a) allow an operator of a below-grade tank existing on June
16, 2008, that has side walls entirely open for visual inspection, but which does not
conform to the design and construction requirements of the Pit Rule as adopted on that
date, to continue operating that tank until a sale or transfer of the tank or facility, so long
as the tank maintains demonstrated integrity; (b) require that any below-grade tank that
does not conform to the design and construction requirements adopted on June 16, 2008,
(non-conforming tank) be either closed or retrofitted to conform to those standards prior
to sale or transfer of the tank or facility; (c) extend the retention requirement for below-
grade tank inspection records from five years to the life of the tank; (d) require an
operator of a non-conforming tank, if the tank's integrity fails, to comply with applicable
tank closure requirements prior to replacing the tank; (e) require an operator who
retrofits or replaces a non-conforming below-grade tank to inspect the area underneath
the tank, report any evidence of contamination to the Division, and, if the Division
determines that the contamination poses an imminent danger to the environment, to
comply with applicable tank-closure requirements prior to retrofitting or replacing the
tank; (f) extend the time for an operator to request a permit or permit modification for an
existing, lined permanent pit, or for an existing below-grade tank, to two years from June
16, 2008, provided that the operator complies with registration requirements set forth in
these amendments; and (g) increase the chloride waste standard for closure of temporary
pits or drying pads by on-site trench burial from 250 mg/l to the greater of 3000 mg/l or
background. Copies of the text of the proposed amendments are available from
Commission Clerk Florene Davidson at (505)-476-3458 or from the Division's web site
at http//www.emnrd.state.us/ocd/rules/
. Proposals for alternatives to the proposed
amendments must be received by the division no later than 5:00 P.M. on Thursday,
March 19, 2009. Written comments on the proposed new rule must be received no later
than 5:00 P.M. on Thursday, March 26, 2009. Persons intending to offer technical
testimony at the hearing must file a Pre-hearing Statement (six copies) conforming to the
requirements of 19.15.3.11 NMAC, including six copies of all exhibits the person will
offer in evidence at the hearing, no later than Thursday, March 26, 2009. Proposed
alternatives and written comments may be hand-delivered or mailed to Ms. Davidson at
1220 South St. Francis Drive, Santa Fe, New Mexico 87505, or may be faxed to Ms.
Davidson at (505)-476-3462. Pre-hearing statements must be hand-delivered or mailed to
Ms. Davidson at the above address. If you are an individual with a disability who is in
need of a reader, amplifier, qualified sign language interpreter, or any other form of
auxiliary aid or service to attend or participate in the hearing, please contact Ms.
Davidson at (505)-476-3458 or through the New Mexico Relay Network (1-800-659-
1779) as soon as possible.
Given under the Seal of the State of New Mexico Oil Conservation Commission at Santa
Fe, New Mexico on this 2nd day of March, 2009.
STATE OF NEW MEXICO
OIL CONSERVATION DIVISION
Mark E. Fesmire, P.E.
Director, Oil Conservation Division
