New Mexico Administrative Code

19.15.27 NMAC applies to persons engaged in oil and gas exploration and production within New Mexico.

19.15.27 NMAC is adopted pursuant to the Oil and Gas Act, Section 70-2-6, Section 70-2-11 and Section 70-2-12 NMSA 1978.

Permanent.

May 25, 2021, unless a later date is cited at the end of a section.

To regulate the venting and flaring of natural gas from wells and production equipment and facilities to prevent waste and protect correlative rights, public health, and the environment.

Terms shall have the meaning specified in 19.15.2 NMAC except as specified below. A. "ALARM" means advanced leak and repair monitoring technology for detecting natural gas leaks or releases that is not required by applicable state or federal law, rule, or regulation, and which th…

A. Venting or flaring of natural gas during drilling, completion, or production operations that constitutes waste as defined in 19.15.2 NMAC is prohibited. The operator has a general duty to maximize the recovery of natural gas by minimizing the waste of natural gas through venti…

A. Statewide natural gas capture requirements. Commencing April 1, 2022, the operator shall reduce the annual volume of vented and flared natural gas in order to capture no less than ninety-eight percent of the natural gas produced from its wells in each of two reporting areas, o…

Oil Conservation Commission.

A. Statewide natural gas capture requirements. Commencing April 1, 2022, the operator of a natural gas gathering system shall reduce the annual volume of vented and flared natural gas in order to capture no less than ninety-eight percent of the natural gas gathered in each of two…

19.15.28 NMAC applies to persons engaged in natural gas gathering and processing within New Mexico.

19.15.28 NMAC is adopted pursuant to the Oil and Gas Act, Section 70-2-6, Section 70-2-11 and Section 70-2-12 NMSA 1978.

Permanent.

May 25, 2021, unless a later date is cited at the end of a section.

To regulate the venting and flaring of natural gas from natural gas gathering systems to prevent waste and protect public health and the environment.

Terms shall have the meaning specified in 19.15.2 NMAC except as specified below. A. "ALARM" means advanced leak and repair monitoring technology for detecting natural gas leaks or releases that is not required by applicable state or federal law, rule, or regulation and which the…

A. Venting or flaring of natural gas from a natural gas gathering system that constitutes waste as defined in 19.15.2 NMAC and is prohibited. The operator has a general duty to maximize the gathering of natural gas by minimizing the waste of natural gas through venting and flarin…

A. The operator shall file with the division a GIS digitally formatted as-built map: (1) for a new gathering pipeline or natural gas gathering system, no later than 90 days after placing the gathering pipeline or system into service; (2) for an existing gathering pipeline or natu…

Oil Conservation Commission.

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 hou…

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. T…

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 rem…

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 p…

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 demonst…

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 wi…

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 Aug…

19.15.29 NMAC applies to persons engaged in oil and gas development and production within New Mexico.

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).

Permanent.

August 14, 2018, unless a later date is cited at the end of a section.

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 o…

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 reasona…

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 m…

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 regula…

Oil Conservation Commission.

A person may submit written or electronic comments on a proposed rule change, and those comments shall be made part of the hearing record. A person shall provide written comments on the proposed rule change to the commission clerk not later than the date of the scheduled hearing,…

A. Non-technical testimony. (1) A person may testify or make an un-sworn statement at the rulemaking hearing. A person does not need to file prior notification with the commission clerk to present non-technical testimony at the hearing. (2) A person may also offer exhibits with t…

A. Conduct of hearings. (1) The rules of civil procedure and the rules of evidence shall not apply. (2) The commission shall conduct the hearing to provide a reasonable opportunity for all persons to be heard without making the hearing unreasonably lengthy or cumbersome and witho…

A. Deliberation. If a quorum of the commission attended the hearing, and if the hearing agenda indicates that a decision might be made at the hearing's conclusion, the commission may immediately deliberate and decide in open session on the proposed rule change. The commission may…

A. The commission shall maintain a record for each rulemaking proceeding. The record shall be available for public inspection at the commission's Santa Fe office and a copy shall be provided to the sunshine portal. B. The record shall contain: (1) a copy of all publications in th…

A. Filing. Any rule adopted under 19.15.3 NMAC, along with the commission order, shall be filed in accordance with the State Rules Act. No rule shall be filed until the latter of 20 days after the commission has entered an order or has refused a rehearing application pursuant to …

19.15.3 NMAC applies to persons or entities engaged in rulemaking proceedings before the commission.

19.15.3 NMAC is adopted pursuant to the Oil and Gas Act, Section 70-2-6 NMSA 1978, which grants the oil conservation division and the oil conservation commission jurisdiction and authority over all matters relating to the conservation of oil and gas, the prevention of waste of oi…

Permanent.

December 1, 2008, unless a later date is cited at the end of a section.

To establish procedures for commission rulemaking proceedings.

See Section 14-4-2 NMSA 1978 (2017) for the definitions of "proceeding", "proposed rule" and "rule". As used in 19.15.3 NMAC: A. "Party" means the applicant or any person filing a pre-hearing statement. B. "Technical testimony" means scientific, engineering, economic or other spe…