Oil commission approves rule change forbidding spills (New Mexico)

The Santa Fe New Mexican ^ | June 10, 2021 | Scott Wyland

[CedarDave]

The Oil Conservation Commission approved a rule change Thursday that will forbid drillers from spilling oil and toxic liquids — an amendment that activists and affected residents said would help prevent the pollution from occurring.

The state Oil Conservation Division, which regulates oil and gas activity, partnered with the environmental group WildEarth Guardians to propose the rule change. Conservationists, community activists, regulators and industry groups all backed it.

New Mexico had no rule barring operators from spilling oil or “produced water,” the toxic liquid byproduct from hydraulic fracturing*.

Instead, companies were required to report a spill and then work with regulators to clean it up. Critics called the system grossly inadequate — especially in a state with one of the nation’s largest fossil fuel industries — saying it was reactive rather than preventive.

“This is a big, big deal,” said Jeremy Nichols, WildEarth Guardian’s climate and energy program director. “We want to make sure there’s an incentive for industry to keep these releases from happening in the first place.”

The new rule will give the division more authority to impose penalties on violators.

But during a public hearing Wednesday, some people called for adding language that explicitly gives the agency enforcement power and specifies fines and other punishments for spills.

Nichols said how the agency will penalize polluters is a question for another day.

“This rule-making wasn’t about answering that question,” Nichols said. “That question will be answered as we see this rule implemented.”

At the hearing, an industry representative argued that leeway should be given to operators who experience spills because of weather events, vandalism, equipment breakdowns and other things beyond their control.

And operators who are making an honest effort to respond to a spill should not be punished.

[CedarDave]

Current rules require reporting and remediation of spills and leaks with a minimum of five barrels (210 gallons). This new rule makes it a crime to spill anything of any amount and makes no exception for events beyond their control.

*BTW, produced water is not produced just from hydraulic fracturing, it's a natural byproduct in the formations where crude oil is found. Pumping of crude too aggressively can result in reduced crude production due to salt water encroaching on the oil deposits and being preferentially captured instead of the oil.

[CedarDave]

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[Seruzawa]

Wait until they are frying in the dark during the New Mexico summer.

[marktwain]

This new rule makes it a crime to spill anything of any amount and makes no exception for events beyond their control.

That is insane.

At minimum, there should be a minimum amount required for enforcement.

No producer should be penalized for the amount of spillage any one fueling his vehicle is allowed to ignore.

[crusty old prospector]

We forbade you evil oil companies from dropping one smidge of oil on Mother Gaia, from whence it came. And no farting either. My wife is from Albuquerque and I lived in Hobbs for a while. For me, New Mexico=Austin. Miscreants.

[21twelve]

A friend was working out in the field on an old military site in California. They had a small piece of equipment that ran on hydraulics. Something wasn’t working right and they disconnected a hose with a bucket and plastic underneath.

Well it had more pressure than they thought and about half a cup of fluid got past the plastic and onto the ground. The client had somebody looking over their shoulder and called a halt to the work.

Two days later (for a 3-day job) they were allowed to go back to work after the contaminated area was excavated and tested and training and review of safety and hazardous waste protocols was done.

What is really crazy is that they were searching for old dump pits that the military had used for disposal years ago! Bulldoze a trench, fill it with trash, soak with fuel and light it on fire. Sometimes in conjunction with fire fighting training.

[wjcsux]

The state of New Mexico is trying to kill off what’s left of the oil industry that the feds didn’t take out.

[brianr10]

Don’t they have regulations and permits governing the storage of produced fluids,and the completion of production wells? They do in NY for gas wells.

[CedarDave]

Don’t they have regulations and permits governing the storage of produced fluids,and the completion of production wells? They do in NY for gas wells.

Sure they do, lots of them. The state banned pits and dumping years ago, but crap happens and now anything that hits the ground can be actionable.

[kaktuskid]

Maybe it’s time for Eastern NM - where most of the oil and gas is - to join Texas