New Energy Economy Filed Closing Arguments and Alternative Wastewater Reuse Rule for Consideration by the WQCC
Organization Press Release – From New Energy Economy
Santa Fe, NM – Last Friday, December 6th, 2024, New Energy Economy filed its final brief and alternative language (see NEE Proposed Rule below) for the New Mexico Environment Department’s proposed “Ground and Surface Water Protection – Supplemental Requirements for Water Reuse” rule (WQCC 23-84 (R)) pending before the Water Quality Control Commission (“WQCC”).
NMED’s proposed rule provides the regulatory framework to authorize the Governor’s planned Strategic Water Supply, a $75 million investment of public funds to subsidize the treatment of oil and gas industry waste without any science based standards or a permitting process to protect public health and the environment.
As proposed NMED’s rule would prohibit the intentional discharge of produced water, but at the same time authorize “industrial and demonstration projects” unlimited by location, size or treatment technology, and includes no science based standards.
During the rulemaking hearing New Energy Economy presented expert testimony from Norm Gaume, NM Water Advocate and former Director of the NM Interstate Stream Commission, who detailed the flaws in the rulemaking process and the proposed rule, Justin Nobel, an award winning journalist who has documented the dangers posed by treatment of toxic and radioactive fracking waste, aka “produced water,” across the country, and Dr. Avner Vengosh, the Duke University Chair of Environmental Quality Chair, Division of Earth and Climate Sciences, who has authored 34 peer reviewed studies of produced water.
Dr. Vengosh testified unequivocally that:
“Numerous studies, including my own research (see Exhibit AV-2), have shown that oil produced water contains elevated levels of toxic organic chemicals, salts, metals, and contaminants such as ammonium and radium nuclides, which are extremely toxic for the ecological systems and human health.”
In addition to the direct contamination of water resources impacted by spills or even discharge of treated oil produced water, high concentrations of radioactive elements such as radium nuclides in oil produced water poses risks for the accumulation of the radioactive elements on the soil (in the case of using oil wastewater for irrigation) or streams (in cases of disposal of treated oil wastewater).
It has been shown that disposal of treated oil wastewater to streams and rivers has caused high levels of radioactivity in the sediments in the outfall sites. Given the high level of salinity and elevated levels of other contaminates in oil produced water specifically from the Permian Basin, reuse of untreated or inadequately treated oil wastewater in New Mexico is clearly impossible and would cause major environmental damage. (NEE Rebuttal, Avner Vengosh, at 3-4)
Our closing arguments in this case reiterate that:
- The Water Quality Act requires regulations to be based on defensible scientific evidence, but NMED’s proposal to authorize industrial projects and demonstration projects off-oilfield is not based on any credible defensible scientific evidence. WQCC 23-84, TR., 5/16/24, (Fullam) at 231. The only fact conclusively demonstrated by the current science is that produced water is incredibly hazardous. Scientists have sufficient toxicological data for less than 15% of the known chemical constituents in produced water, and there are over a thousand chemicals that have not been sufficiently studied to know whether they pose a risk to human health and the environment. The parties have all concurred that without data and peer-reviewed science, both treated and untreated produced water pose an extremely high risk to plants, animals, and humans.
- The Produced Water Act plainly requires permits for any and all off-oilfield uses of produced water. NMSA 1978 § 70-13-4(D). NMED’s proposed rule would allow off-oilfield uses of produced water without a permit as long as no discharge is contemplated in the proposal, and is therefore in direct contravention of the Produced Water Act. NMED’s proposed rule would authorize the reuse of produced water for “demonstration projects” and “industrial projects” with only a “notice of intent” process, which is legally insufficient. Neither does it require notice or publication, nor any opportunity for any person to object or participate in the approval/denial process, nor criteria for approval or denial.
NEE is proposing an amended rule that comports with science, protects human health and New Mexico’s water systems, and adheres to the plain intent of the Water Quality Act and Produced Water Act. (Attached).
Our proposed language prohibits discharge of produced water outside the oilfield but allows scientific research to proceed for bench scale and pilot treatment projects, provided those projects are permitted and meet the stringent parameters testified to by Dr. Vengosh, and by NMOGA witness Mr. McCurdy, and that is consistent with law, including protection of human health and the environment.
Said Mariel Nanasi, Executive Director of New Energy Economy, “The O&G industry has a growing challenge with the prodigious amount of toxic radioactive waste produced from fracking – for every barrel of oil there is at least 4 barrels of waste. The Water Quality Control Commission has a responsibility to ensure that any rule authorizing reuse of that toxic waste stream outside the oilfield is based on scientific evidence and protective of New Mexico’s precious water and the people who depend on that water for life.”