New Mexico Administrative Code

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

To establish procedures for the disposal of certain oil field waste at solid waste facilities permitted by the New Mexico environment department and for the disposal of regulated NORM associated with the oil and gas industry.

A. "Discharge plan" means a plan the operator submits and the division approves pursuant to NMSA 1978, Section 70-2 -12(B)(22) and WQCC rules. B. "EPA clean" means the cleanliness standards established by the EPA in 40 C.F.R. section 261.7(b). C. "NESHAP" means the National Emiss…

A. A person may dispose of certain oil field waste at a solid waste facility in accordance with 19.15.35.8 NMAC. B. Procedure. (1) A person may dispose of oil field waste listed in Paragraph (1) of Subsection C of 19.15.35.8 NMAC at a solid waste facility without the division's p…

A person disposing of regulated NORM, as defined at 19.15.2.7 NMAC, is subject to 19.15.35.9 NMAC through 19.15.35.14 NMAC and to New Mexico environmental improvement board rule, 20.3.14 NMAC.

Energy, Minerals and Natural Resources Department, Oil Conservation Division.

A. A person who wishes to comment or request a hearing shall file comments or request a hearing on the proposed approval of an application with the division clerk within 90 days after the date of the newspaper publication provided in Subsection C of 19.15.36.9 NMAC. A request for…

A. Centralized facilities. Upon notification by the division that it has approved a permit but prior to the division issuing the permit, an applicant for a new centralized facility permit shall submit acceptable financial assurance in the amount of $25,000 per centralized facilit…

A. Granting of permit. (1) The division may issue a permit for an new surface waste management facility or major modification upon finding that an acceptable application has been filed, that the conditions of 19.15.36.9 NMAC and 19.15.36.11 NMAC have been met and that the surface…

Except as otherwise provided in 19.15.36 NMAC. A. Depth to ground water. (1) No landfill shall be located where ground water is less than 100 feet below the lowest elevation of the design depth at which the operator will place oil field waste. (2) No landfarm that accepts soil or…

A. General operating requirements. (1) The operator shall confine the landfill's working face to the smallest practical area and compact the oil field waste to the smallest practical volume. The operator shall not use equipment that may damage the integrity of the liner system in…

A. Oil field waste acceptance criteria. Only soils and drill cuttings predominantly contaminated by petroleum hydrocarbons shall be placed in a landfarm. The division may approve placement of tank bottoms in a landfarm if the operator demonstrates that the tank bottoms do not con…

Small landfarms as defined in Paragraph (5) of Subsection A of 19.15.36.7 NMAC are exempt from 19.15.36 NMAC except for the requirements specified in 19.15.36.16 NMAC. A. General requirements. (1) Registration. Prior to establishment of a new small landfarm, the operator shall fi…

A. Engineering design plan. An applicant for a surface waste management facility permit or modification requesting inclusion of a skimmer pit; an evaporation, storage or treatment pond; or a below-grade tank shall submit with the surface waste management facility permit applicati…

A. Surface waste management facility closure by operator. (1) The operator shall notify the division's environmental bureau at least 60 days prior to cessation of operations at the surface waste management facility and provide a proposed schedule for closure. Upon receipt of such…

A. In a surface waste management facility permit application, the applicant may propose alternatives to requirements of 19.15.36 NMAC, and the division may approve such alternatives if it determines that the proposed alternatives will provide equivalent protection of fresh water,…

19.15.36 NMAC applies to persons or entities that operate surface waste management facilities as defined in Subsection S of 19.15.2.7 NMAC.

Existing permitted facilities. Surface waste management facilities in operation prior to the effective date of 19.15.36 NMAC pursuant to division permits or orders may continue to operate in accordance with such permits or orders, subject to the following provisions. A. Existing …

19.15.36 NMAC is adopted pursuant to the Oil and Gas Act, NMSA 1978, Section 70-2-6, Section 70-2-11 and Section 70-2-12, which grants the division jurisdiction and authority over the disposition of wastes resulting from oil and gas operations.

Permanent.

February 14, 2007, unless a later date is cited at the end of a section.

To regulate the disposal of oil field waste and the construction, operation, closure and post closure of surface waste management facilities.

A. Definitions relating to types of surface waste management facilities. (1) "Centralized facility" means a surface waste management facility: (a) that is used exclusively by one generator subject to New Mexico's Oil and Gas Conservation Tax Act, NMSA 1978, Section 7-30-1, as ame…

A. Permit required. No person shall operate a surface waste management facility (other than a small landfarm registered pursuant to Paragraph (1) of Subsection A of 19.15.36.16 NMAC) except pursuant to and in accordance with the terms and conditions of a division-issued surface w…

A. Submittal of application. The applicant shall submit three copies (two paper copies and one electronic copy) of the application to the division's Santa Fe office for consideration of approval. Upon receipt of an application for a new surface waste management facility, or a ren…

Energy, Minerals and Natural Resources Department, Oil Conservation Division.

19.15.37 NMAC applies to persons engaged in refining oil; operating gasoline, cycling or other plants where gasoline, butane, propane, condensate, kerosene, oil or other liquid products are extracted from gas; or processing carbon dioxide gas into liquid or solid form within New …

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

Permanent.

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

To regulate the refining of oil; the operation of gasoline, cycling or other plants where gasoline, butane, propane, condensate, kerosene, oil or other liquid products are extracted from gas; or the processing of carbon dioxide gas.

[RESERVED] [See 19.15.2.7 NMAC for definitions.]

Each oil refiner shall furnish to the division for each calendar month a completed form C-113 containing the information and data the form requires, respecting oil and products involved in the refiner's operations during each month. The oil refiner shall complete and file the for…

An operator of a gasoline plant, cycling plant or other plant at which gasoline, butane, propane, condensate, kerosene, oil or other liquid products are extracted from gas shall maintain for the division's inspection for each calendar month a completed form C-111 containing the i…

Energy, Minerals and Natural Resources Department, Oil Conservation Division.

A. An application for permit to drill, re-enter or deepen a well that requires an exploration and development plan pursuant to 19.15.39.9 NMAC shall include the following in addition to meeting the requirements set out in 19.15.14 NMAC: (1) a permit application pursuant to 19.15.…

A. Designated area. The designated area shall comprise: (1) the area within the following townships and ranges in Chaves county: (a) township 5 south, ranges 22 and 23 east; (b) township 6 south, ranges 22 east through 24 east; (c) township 7 south, ranges 22 east through 24 east…

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

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

Permanent.

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

To regulate oil and gas operations in areas of particular environmental sensitivity in order to provide appropriate protection for fresh water, public health and the environment in those areas.

[RESERVED] [See 19.15.2.7 NMAC for definitions.]

A. The selected areas comprise: (1) all of Sierra county except the area west of range 8 west NMPM and north of township 18 south, NMPM; and (2) all of Otero county except the area included in the following townships and ranges: (a) township 11 south, range 9 1/2 east and range 1…

A. Applicability. The operator shall obtain division approval for an exploration and development plan prior to drilling, re-entering or deepening a well located in the Galisteo basin, and shall operate the wells covered by the exploration and development plan in accordance with t…

Oil Conservation Commission.

A. The parties to an adjudicatory proceeding shall include: (1) the applicant; (2) a person to whom statute, rule or order requires notice (not including those persons to whom 19.15.4.9 NMAC requires distribution of hearing notices, who are not otherwise entitled to notice of the…