New Mexico Register / Volume XXXVI, Issue 14 / July 29, 2025
This is an amendment to 19.15.16 NMAC, Sections 17 and 19, effective 07/29/2025.
19.15.16.17 COMPLETION OPERATIONS, SHOOTING AND CHEMICAL
TREATMENT OF WELLS:
A. If completing, shooting,
fracturing or treating a well [injures] has the potential to
negatively impact the producing formation, injection interval, communicates
with other strata, casing and casing seat or may create underground waste
or contaminate fresh water, the operator shall within five working days notify the
division in writing [the division] and proceed with diligence to use
the appropriate method and means for rectifying the loss of containment or
any damage.
(1) Diligence shall include but is not
limited to verifying casing integrity and isolation of strata. This can include pressure testing in
accordance with 19.15.25 NMAC, performing casing integrity logs, cement bond
logs and any other means determined necessary by the operator or required by
the division.
(2) If damage from the shooting,
fracturing or treating of a well has the potential to impact surface or
groundwater, then the operator will disclose to the division all additives used
in the applicable fluid stream including trade secret additives as necessary to
identify all potential contaminates. If
trade secret chemical information is received by the division, the division
will hold that information confidential as required by Section14-2-1 NMSA 1978. Based on the chemicals identified by the
operator and the division the operator will test for all
identified potentially harmful chemicals and will use a third party,
verified laboratory to conduct any appropriate testing necessary to verify any
potential impact. The testing may also
include but is not limited to PFAS, chemicals listed in 20.6.2 NMAC and
chemicals listed in Subparagraph (e) of Paragraph (5) of Subsection A of 19.15.29.11
NMAC. The division may require more
robust sampling than what is proposed by the operator if deemed necessary due
to the nature of the potential chemicals.
(3) If it is deemed there is an impact to
surface or groundwater the operator shall report the impact as a major release
in accordance with 19.15.29 NMAC and respond accordingly.
B. If completing, shooting,
fracturing or chemical treating results in the well’s irreparable injury the
division may require the operator to properly plug and abandon the well and
take any necessary actions to mitigate any results impacts.
[19.15.16.17 NMAC - Rp, 19.15.3.115 NMAC, 12/1/2008;
19.15.16.17 NMAC - Rn, 19.15.16.16 NMAC, 2/15/2012; A, 7/29/2025]
19.15.16.19 LOG, COMPLETION AND WORKOVER
REPORTS:
A. Completion report. Within 45 days after the completion of a well
drilled for oil or gas, or the recompletion of a well into a different common
source of supply, the operator shall file a completion report with the division
on form C-105. For the
purpose of 19.15.16.19 NMAC, a hole drilled or cored below fresh water
or that penetrates oil- or gas-bearing formations or that an owner drills is
presumed to be a well drilled for oil or gas.
The operator shall signify on form C-105, or alternatively on form
C-103, whether the well has been hydraulically fractured.
B. Hydraulic fracture disclosure. For a hydraulically fractured well, the
operator shall also complete and file with the FracFocus
chemical disclosure registry a completed hydraulic fracturing disclosure within
45 days after completion, recompletion or other hydraulic fracturing treatment
of the well. The hydraulic fracturing
disclosure shall be completed on a then current edition of the hydraulic fluid
product component information form published by FracFocus
and shall include complete and correct responses disclosing all information
called for by the FracFocus form, provided that:
(1) the
division does not require the reporting of information beyond the material
safety data sheet data as described in 29 C.F.R. 1910.1200;
(2) the
division does not require the reporting or disclosure of proprietary, trade
secret or confidential business information; and
(3) the
division shall download and archive New Mexico FracFocus
submissions on a quarterly basis.
C. If
the FracFocus chemical disclosure registry is
temporarily inoperable, the operator of a well on which hydraulic fracturing
treatment(s) were performed shall file the information required by the then
most recent FracFocus form with the division along
with Well Completion Report (form C-105) or Sundry Notice (form C-103)
reporting the hydraulic fracture treatment and file the information on the FracFocus internet website when the website is again
operable. If the FracFocus
chemical disclosure registry is discontinued or becomes permanently inoperable,
the operator shall continue filing the information with the division until
otherwise provided by rule or order.
D. On or before [DATE], an operator
shall provide the FracFocus disclosure to the
following
persons and entities unless the person or
entity opts out of the notification:
(1) all owners of a private water well
that are within 5280 feet of the well site;
(2) the state land office if the state
owns minerals that are being developed at the well site;
(3) the federal bureau of land management
if the United States owns the minerals that are being developed at the well
site;
(4) to any tribe if the minerals being
developed at the well site are within the boundary of that tribe’s reservation
and are subject to the jurisdiction of the division;
(5) police departments, fire departments,
emergency service agencies, and first responders that have a jurisdiction that
includes the well site;
(6) local governments that have a
jurisdiction within 5280 feet of the well site;
(7) the administrator of any public water
system that operates:
(a) A surface water public water system
intake that is located 15 stream miles or less from the well site;
(b) a groundwater source under the direct
influence of a surface water public water system supply
well within 5280 feet of the well site; and
(c) a public water system supply well completed within 5280 feet of the well site.
E. The FracFocus
disclosure must be disclosed to the above parties via certified mail within 30
days of being filed with FracFocus.
[19.15.16.19 NMAC - Rp, 19.15.13.1104
NMAC, 12/1/2008; 19.15.16.19 NMAC - Rn & A, 19.15.16.18 NMAC, 2/15/2012; A,
9/26/2017; A, 7/29/2025]