Hearing starts on proposal to ban toxic chemical from oil and gas operations

Should the state ban specific toxic chemicals known as PFAS from usage in the oil and gas industry? And should it require operators to disclose other chemical usage?

The Oil Conservation Commission, a division of the New Mexico Energy, Minerals and Natural Resources Department, will consider proposals pushing for PFAS bans and expanded public disclosure in the fossil fuel industry this week.

Perfluoroalkyl and polyfluoroalkyl substances, also known as PFAS, are toxic chemicals that don’t break down organically and are known to cause various types of cancers and birth defects.

A report from the Physicians for Social Responsibility released in April 2023 found that oil and gas operators, between 2013 and 2022, injected at least 200 wells with PFAS. The report also highlighted that more than 8,200 well injections contained at least one trade secret chemical per well, and more than a third of those injections could include PFAS chemicals.

Citing the concerns outlined in the report, environmental advocacy organization WildEarth Guardians in May 2023 filed a request before the Oil Conservation Commission to ban operators from using PFAS chemicals in drilling, development and production.

The organization also asked that the state expand public disclosure rules and adopt new chemical disclosure and reporting rules “to ensure reasonable transparency around substances used by the oil and gas industry and to ensure industry compliance with the prohibition on the use of PFAS,” according to the filed petition.

These proposals are what the state is considering this week in a four-day-long public hearing. From Tuesday through Friday, starting at 9 a.m. each day, the Oil Conservation Commission will consider arguments and public comments for and against the proposed regulations.

Missi Currier, president and CEO of the New Mexico Oil and Gas Association, in a statement to the Journal said PFAS chemicals aren’t intentionally used in oil and gas operations.

“It is unfortunate that this fear-mongering about PFAS is forcing the state to engage in a costly process to determine if it should regulate an already regulated process,” she said.

Earlier this year, the federal government deemed PFAS a hazardous substance. However, the oil and gas industry’s “exploration and production waste” is exempt from federal hazardous waste law, according to WildEarth Guardians’ petition to the Oil Conservation Commission.

Melissa Troutman, climate and energy advocate for WildEarth Guardians, told the Journal via email the oil and gas industry is misleading the public “by claiming they already disclose all their chemicals.”

“That’s simply not true — they only disclose some, while hiding others,” she said. “Full chemical disclosure is already required in states like Colorado and California, and even (New Mexico) Gov. (Michelle) Lujan Grisham called for it in her campaign.

“Our proposed rule would bring transparency to protect public health and the environment. Now, New Mexico’s leaders face a clear choice: prioritize industry profits or uphold the public’s right to know.”