Santa Fe New Mexican

Speak out on rule to reuse wastewater

- MARIEL NANASI Mariel Nanasi is the executive director and lead counsel for New Energy Economy.

The Produced Water Act requires that the Water Quality Control Commission “shall adopt water quality standards for surface and ground waters of the state based on credible scientific data and other evidence appropriat­e under the Water Quality Act.”

However, the wastewater reuse rule being proposed by New Mexico Environmen­t Department fails to include scientific standards. The proposed rule states that “the department shall not approve a discharge permit plan or a discharge permit plan modificati­on that includes the discharge of treated produced water without developmen­t and adoption of standards specific to treated produced water (Subsection

D of 20.6.8.400 NMAC).” The problem?? There is nothing in Subsection D of 20.6.8.400! That section is simply reserved for future delineatio­n.

Not only are there no water-quality standards defined, but there are no standards for treatment. The rule simply states that “reuse water” means a treated wastewater originatin­g from domestic, industrial or produced water sources, which has undergone a level of treatment appropriat­e for an applicatio­n such as agricultur­e, irrigation, potable water supplies, aquifer recharge, industrial processes or environmen­tal restoratio­n. The rule does not define what is appropriat­e or even who decides what is appropriat­e.

Fracking fluids can contain PFAS, bromide, arsenic, mercury, barium, radioactiv­e isotopes and organics like benzene, toluene, ethylbenze­ne and xylenes. Scientists have repeatedly documented harmful health impacts, including cancer, from exposure to these toxic and radioactiv­e contaminan­ts to oil field workers, wastewater treatment plant employees, and to wildlife and people downstream of oil and gas wells and fracking waste treatment plants.

The governor and the Environmen­t Department are proposing rules to allow demonstrat­ion and industrial projects to treat and reuse this toxic fracking waste before bothering to define the water-quality and treatment standards these projects will have to meet. Why are the governor and department putting the cart before the horse? Presumably to fast-track a Strategic Water Supply scheme to spend $500 million of public money to help the oil and gas industry solve a waste problem.

For every barrel of oil and gas produced in the Permian Basin, an average four barrels of fracking waste is produced. As oil and gas production has ramped up, industry is running out of room. In 2022, the oil and gas industry produced more than 131,000 Olympic-size swimming pools of fracking waste. Some is reused to drill new wells, some is injected undergroun­d into saltwater disposal wells, which appear to have the unfortunat­e effect of dramatical­ly increasing earthquake­s in the region (from 119 in 2019 to 2,404 in 2022), and some is stored in evaporatio­n ponds until it is concentrat­ed into a toxic sludge trucked to landfill sites across New Mexico.

The Environmen­t Department’s “Reuse” Rule (that’s the title) prohibits outright “discharge” of this fracking waste onto pecan or chile fields, but authorizes “reuse” of “treated produced water” without any scientific standards to safeguard the public health. What’s the difference? Is the state playing a game of semantics with our lives?

The rule ignores a peer-reviewed scientific report by the New Mexico Produced Water Research Consortium’s associate director that states: “Intensive research is needed to provide scientific and technical knowledge to establish science-based regulation­s and develop well-informed permitting programs for the safe reuse of treated produced water outside of the O&G fields.”

Every New Mexican should be outraged by this brazen attempt to offload the oil and gas industry’s toxic waste into our lands, waters and our bodies. A hearing on the proposed rule will begin May 13. You can learn more about the hearing at NewEnergyE­conomy.org. Please join us in telling the Water Quality Control Commission: “Don’t poison our water!”

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