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Keep Toxic Fracking Water in the Oilfield! Stop The "Produced Water" Reuse Rule

zoeyyucraft

We need your help getting 100 more signatures and all of the public comment spots filled ahead of the Produced Water Reuse Hearing which resumes next week.




In 2019, the Produced Water Act, spearheaded by the oil and gas industry, was passed, paving the way for produced water reuse with the creation of the New Mexico Produced Water Research Consortium and opening the door for produced water treatment "pilot projects". The proposed Wastewater Reuse Rule (WQCC 23-84) is the next step in this effort, aiming to set definitions and permitting processes for expanding disposal for produced water via reuse outside the oil field. However, the proposed rule has been met with significant opposition due to the lack of scientific standards and potential risks to public health and the environment for reuse.


KEY CONCERNS:


  • Environmental and Health Risks: The proposed rule allows the reuse of fracking waste without adequate measures for radiation or toxicity, potentially exposing New Mexicans to hazardous substances such as PFAS, arsenic, and benzene.

  • Lack of Scientific Standards: The rule does not specify treatment standards, nor does it provide clear guidelines on ensuring the safety of reused water.

  • Seismic Activity: Disposal of fracking waste in injection wells has led to a significant increase in seismic activity, with over 2,400 earthquakes reported in 2022 alone.

  • Public and Worker Safety: There are no provisions in the rule for ensuring the safety of workers handling produced water or for the public in areas where reuse projects are conducted.

  • Radioactivity Concerns: Produced water can contain naturally occurring radioactive materials (NORM) such as radium-226 and radium-228. These substances can pose serious health risks to workers handling the waste, including increased risk of cancer due to prolonged exposure. There are currently no specific regulations addressing the safe handling and disposal of radioactive materials in produced water, leaving workers vulnerable to health hazards. Testimony by New Energy Economy expert Justin Noble on Tuesday during the evidentiary hearing includes examples from other states where workers in produced water “treatment” facilities have died due to exposure from handling produced water without adequate protections.


WE NEED 10 MEMBERS/SUPPORTERS TO GIVE PUBLIC COMMENT!


We are asking 10 of our members/supporters to give testimony against the current rule as drafted and calling instead for a new rule.


In Person: NM State Capital (411 South Capitol St.), Room 317

Virtual Comment Link: On Webex


Monday: 5:00 pm

Tuesday: 9:00 am

Wednesday: 9:00 am and 1:00 pm

Thursday: 9:00 am and 1:00 pm

Friday: 9:00 am and 1:00 pm


Speak: Sign up here to give a 3 minute public comment in person or virtually, with many times available. Please also officially sign up for your comment time by emailing Administrator Pamela Jones: pamela.jones@env.nm.gov.


Write: Click here to submit written comments to the Water Quality Control Commission.


Hearing: Click here to access the hearing on Webex.


OVERVIEW OF THE PROPOSED RULE


What is this rule?


The proposed Wastewater Reuse Rule expands the use of fracking waste called "produced water" outside of the "oilfield" by enabling the development of large-scale demonstration projects and industrial applications throughout the state - so long as there is no discharge to ground or surface water planned as part of the project.


  • The rule authorizes reuse in industrial projects and demonstration projects off the oil field, which will lead to projects throughout the state without proper protections - no permit required, no public notice, and no legal protest for communities. It's a green light for the expansion of fracking oil and gas waste revenue.


  • The rule contains no minimum standards for the treatment, handling, or disposal of the waste. That's because standards to treat this toxic waste and make it safe don't exist!


  • There are NO scientifically proven standards for effective treatment. No credible scientific data exists proving the safety of feasibility of treatment and reuse at the scale being proposed in the rule, because pilot projects on the oil field have failed to provide any credible evidence that they are safe.


LEARN MORE AS YOU PREPARE


You can find additional resources to learn more and prepare to give public comment by viewing the Defend NM Water Talking Points One-Pager, Wastewater Reuse Rule FAQ, and Defend NM Water Website.


In addition, you can view a brief 25-minute prep workshop for public commenters held by Pueblo Action Alliance, No False Solutions Coalition, and Indigenous Lifeways and view the toolkit here.


You can also read Land Commissioner Stephanie Garcia Richard's "Water Rule Needs Reuse Safeguards" op-ed in the Santa Fe New Mexican here.

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