Talking points: Water Quality Control Commission Industry-Written Oil and Gas Wastewater Rule

These comments refer to the petition for a new rule WQCC 25-34 in the matter of the Reuse of Treated Produced Water (“Industry-Written Oil and Gas Wastewater Rule”). WATR Alliance filed a petition for a new rule before the current rule (“NMED Oil and Gas Wastewater Rule”) even took effect.
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• The Water Quality Control Commission (Commission) just spent 18 months determining whether treated oil and gas wastewater can be discharged safely to surface and ground water. The Commission considered a plethora of information from scientific and engineering experts brought forth by the New Mexico Environment Department (NMED) and nonprofit organizations showing the technology to treat oil and gas wastewater at scale to levels safe for human and environmental exposure does not exist. The Commission agreed and passed a rule prohibiting discharge of what the industry calls “produced water.” The Commission has made its decision, and it makes no sense to hold another hearing on the same issue on the heels of the last rulemaking.
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• If treatment technology advances to accomplish safe oil and gas wastewater treatment, the Commission can undertake a rulemaking then, or when the existing rule sunsets in five years. But a second rulemaking right now should not go forward.
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• The petitioner, Water Access Treatment & Reuse Alliance (WATR), is composed of oil and gas industry insiders. WATR is proposing to allow discharge of treated oil and gas wastewater to New Mexico ground and surface waters – weeks after the Commission found discharge is not safe.
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• NMED always appears as a party before the Commission in rulemakings for rules it will implement. NMED management however made the decision that NMED will not be a party in the legal proceeding, and is not allowing the NMED staff scientists who testified forcefully against discharge of oil and gas wastewater at the recently concluded rulemaking to testify. Science matters.
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• Let the Commissioners know they should not allow a hearing to go forward without NMED participation. It is NMED staff scientists who are charged with protecting human health and the environment, and who will provide objective scientific information. WATR serves the interests of its industry members, not the public.
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• This rulemaking is being pushed through at lightning speed, and community organizations are being bulldozed. It’s not a fair process and it’s not what the Commission has done in the past. If a hearing is held, it should be scheduled so nonprofits can meaningfully participate.
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• Produced water carries risks:
  • An EPA study found that the oil and gas industry keeps about 11% of the components present in oil and gas wastewater secret from the public. It is impossible to test for the presence of contaminants you don’t know you’re looking for.
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  • The state of New Mexico does not currently have surface water quality standards for at least 180 potentially toxic chemicals found in oil and gas wastewater. We would need to establish those standards in order to ensure public safety.
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  • PFAS, known as “forever chemicals,” are used in oil and gas drilling and are present in oil and gas wastewater. New Mexico cannot risk PFAS contamination due to the grave concerns for public health.