N.M. Code R. § 19.15.29.12 – Remediation and Closure

A. The responsible party must remediate all releases regardless of volume.
B. Remediation requirements.
1. (1) Unless remediation is completed, and a final closure report submitted, within 90 days of discovery of the release, the responsible party must complete division-approved remediation for releases either pursuant to a remediation plan approved pursuant to 19.15.29.12 NMAC or pursuant to an abatement plan in accordance with 19.15.30 NMAC. If the director determines that the release has caused water pollution in excess of the standards and requirements of 19.15.30 NMAC, the director may notify the responsible party that an abatement plan may be required pursuant to 19.15.30 NMAC.
2. (2) Any remediation under 19.15.29 NMAC should be completed as soon as practicable. Any remediation that exceeds 90 days must follow the division-approved timeline in the remediation plan. The responsible party may request an extension of time to remediate upon a showing of good cause as determined by the division.
C. Remediation plan requirements. The responsible party must take the following action for any major or minor release containing liquids.
1. (1) The responsible party must submit a detailed description of proposed remediation measures in accordance with the findings of the site assessment/characterization plan that includes:
  1. (a) delineation results, including laboratory analysis;
  2. (b) a scaled sitemap showing release area with horizontal and vertical delineation points;
  3. (c) estimated volume of impacted material to be remediated;
  4. (d) proposed remediation technique; and
  5. (e) proposed timeline for remediation activities.
2. (2) The responsible party shall restore the impacted surface area of a release occurring on a developed well pad, central tank battery, drilling site, compressor site or other exploration, development, production or storage sites to meet the standards of Table I of 19.15.29.12 NMAC or other applicable remediation standards and restore and reclaim the area pursuant to 19.15.29.13 NMAC. If contamination is located in areas immediately under or around production equipment such as production tanks, wellheads and pipelines where remediation could cause a major facility deconstruction, the remediation, restoration and reclamation may be deferred with division written approval until the equipment is removed during other operations, or when the well or facility is plugged or abandoned, whichever comes first. The deferral may be granted so long as the contamination is fully delineated and does not cause an imminent risk to human health, the environment, or ground water. Final remediation and reclamation shall take place in accordance with 19.15.29.12 and 19.15.29.13 NMAC once the site is no longer being used for oil and gas operations.
3. (3) The responsible party shall remediate the impacted surface area of a release not occurring on a lined, bermed or otherwise contained exploration, development, production or storage site to meet the standards of Table I of 19.15.29.12 NMAC or other applicable remediation standards and restore and reclaim the area pursuant to 19.15.29.13 NMAC.
4. (4) If a release occurs within the following areas, the responsible party must treat the release as if it occurred less than 50 feet to ground water in Table I of 19.15.29.12 NMAC:
  1. (a) within
    1. (i) 300 feet of any continuously flowing watercourse or any other significant watercourse, or
    2. (ii) 200 feet of any lakebed, sinkhole or playa lake (measured from the ordinary high-water mark);
  2. (b) within 300 feet from an occupied permanent residence, school, hospital, institution or church;
  3. (c) within
    1. (i) 500 feet of a spring or a private, domestic fresh water well used by less than five households for domestic or stock watering purposes, or
  4. (ii) 1000 feet of any fresh water well or spring;
  5. (d) within incorporated municipal boundaries or within a defined municipal fresh water well field covered under a municipal ordinance adopted pursuant to Section 3-27-3 NMSA 1978 as amended, unless the municipality specifically approves;
  6. (e) within 300 feet of a wetland;
  7. (f) within the area overlying a subsurface mine;
  8. (g) within an unstable area; or
  9. (h) within a 100-year floodplain.
5. (5) The division has 60 days from receipt of the proposed remediation plan to review and approve, approve with conditions or deny the remediation plan. If 60 days have lapsed without response from the division, then the plan is deemed denied. If the plan is approved with conditions or affirmatively denied, the division shall provide a written summary of deficiencies on which the decision is based. If the responsible party disagrees with any conditions of approval or denial of the plan, it shall consult with the division or file an application for hearing pursuant to 19.15.4 NMAC within 30 days of the denial or issuance of the conditions.
D. Closure requirements. The responsible party must take the following action for any major or minor release containing liquids.
1. (1) The responsible party must test the remediated areas for contamination with representative five-point composite samples from the walls and base, and individual grab samples from any wet or discolored areas. The samples must be analyzed for the constituents listed in Table I of 19.15.29.12 NMAC or constituents from other applicable remediation standards.
  1. (a) The responsible party must verbally notify the appropriate division district office two business days prior to conducting final sampling. If the division district office does not respond to the notice within the two business days, the responsible party may proceed with final sampling. The responsible party may request a variance from this requirement upon a showing of good cause as determined by the division.
  2. (b) The responsible party may submit a composite and grab sample plan for the division’s review and approval separately or with the remediation plan.
  3. (c) Alternately, without division approval, the responsible party may elect to perform a composite and grab sample plan of the remediated area where each composite sample is not representative of more than 200 square feet.
2. (2) If all composite and grab sample concentrations are less than or equal to the parameters listed in Table I of 19.15.29.12 NMAC or any conditions of approval, then the responsible party may proceed to backfill any excavated areas.
E. Closure reporting. The responsible party must take the following action for any major or minor release containing liquids.
1. (1) The responsible party must submit to the division a closure report on form C-141, including required attachments, to document all closure activities including sampling results and the details on any backfilling, capping or covering, where applicable. The responsible party must certify that all information in the closure report and attachments is correct and that the responsible party has complied with all applicable closure requirements and conditions specified in division rules or directives. The responsible party must submit closure report along with form C-141 to the division within 90 days of the remediation plan approval. The responsible party may apply for additional time to submit the final closure report upon a showing of good cause as determined by the division. The final report must include:
  1. (a) a scaled site and sampling diagram;
  2. (b) photographs of the remediated site prior to backfill;
  3. (c) laboratory analyses of final sampling; and
  4. (d) a description of all remedial activities.
2. (2) The division district office has 60 days to review and approve or deny the closure report. If 60 days have lapsed without response from the division, then the report is deemed denied. If the report is affirmatively denied, the division shall provide a written summary of deficiencies on which the decision is based. If the responsible party disagrees with denial of the closure report, it may consult with the division or file an application for hearing pursuant to 19.15.4 NMAC within 30 days of the denial.
  Table I Closure Criteria for Soils Impacted by a Release Minimum depth below any point within the horizontal boundary of the release to ground water less than 10,000 mg/l TDS Constituent Method* Limit** < 50 feet Chloride*** EPA 300.0 or SM4500 Cl B 600 mg/kg TPH (GRO+DRO+MRO) EPA SW-846 Method 8015M 100 mg/kg BTEX EPA SW-846 Method 8021B or 8260B 50 mg/kg Benzene EPA SW-846 Method 8021B or 8260B 10 mg/kg 51 feet-100 feet Chloride*** EPA 300.0 or SM4500 Cl B 10,000 mg/kg TPH (GRO+DRO+MRO) EPA SW-846 Method 8015M 2,500 mg/kg GRO+DRO EPA SW-846 Method 8015M 1,000 mg/kg BTEX EPA SW-846 Method 8021B or 8260B 50 mg/kg Benzene EPA SW-846 Method 8021B or 8260B 10 mg/kg >100 feet Chloride*** EPA 300.0 or SM4500 Cl B 20,000 mg/kg TPH (GRO+DRO+MRO) EPA SW-846 Method 8015M 2,500 mg/kg GRO+DRO EPA SW-846 Method 8015M 1,000 mg/kg BTEX EPA SW-846 Method 8021B or 8260B 50 mg/kg Benzene EPA SW-846 Method 8021B or 8260B 10 mg/kg
  Table I
  Closure Criteria for Soils Impacted by a Release
  Minimum depth below any point within the horizontal boundary of the release to ground water less than 10,000 mg/l TDS
  Constituent
  Method*
  Limit**
  < 50 feet
  Chloride***
  EPA 300.0 or SM4500 Cl B
  600 mg/kg
  TPH
  (GRO+DRO+MRO)
  EPA SW-846
  Method 8015M
  100 mg/kg
  BTEX
  EPA SW-846 Method 8021B or 8260B
  50 mg/kg
  Benzene
  EPA SW-846 Method 8021B or 8260B
  10 mg/kg
  51 feet-100 feet
  Chloride***
  EPA 300.0 or SM4500 Cl B
  10,000 mg/kg
  TPH
  (GRO+DRO+MRO)
  EPA SW-846 Method 8015M
  2,500 mg/kg
  GRO+DRO
  EPA SW-846 Method 8015M
  1,000 mg/kg
  BTEX
  EPA SW-846 Method 8021B or 8260B
  50 mg/kg
  Benzene
  EPA SW-846 Method 8021B or 8260B
  10 mg/kg
  >100 feet
  Chloride***
  EPA 300.0 or SM4500 Cl B
  20,000 mg/kg
  TPH
  (GRO+DRO+MRO)
  EPA SW-846 Method 8015M
  2,500 mg/kg
  GRO+DRO
  EPA SW-846 Method 8015M
  1,000 mg/kg
  BTEX
  EPA SW-846 Method 8021B or 8260B
  50 mg/kg
  Benzene
  EPA SW-846 Method 8021B or 8260B
  10 mg/kg
  *Or other test methods approved by the division.
  **Numerical limits or natural background level, whichever is greater.
  ***This applies to releases of produced water or other fluids, which may contain chloride.

[19.15.29.12 NMAC - N, 8/14/2018]