On a chilly evening in October, Santa Fe-area residents packed into the St. Francis Auditorium for the second of what would be five public meetings held by the New Mexico Environment Department on the state’s plans for produced water. It was only a matter of minutes before attendees began interrupting the presentation with accusations of the state poisoning waterways and calls for a moratorium on fracking in the name of climate change. Residents and environmentalists alike are concerned about the state’s plan to research and eventually regulate the recycling and reuse of treated produced water, a byproduct of oil and gas extraction that contains both naturally-occurring minerals, hydrocarbons and rare earth metals, as well as chemical additives and drilling constituents that are used in hydraulic fracking. Every barrel of oil generates four to seven barrels of produced water, according to Bill Brancard, general counsel of the state’s Energy, Minerals and Natural Resources Department (EMNRD).
State Engineer John D’Antonio’s ties to a desalination industry group has some environmentalists concerned about how the state is promulgating new rules to handle produced water. D’Antonio, who was appointed to the position of state engineer by Gov. Michelle Lujan Grisham earlier this year, is listed as a director of the New Mexico Desalination Association, a 501(c)6 nonprofit “business league.” The barebones website doesn’t list its members or board of directors, but the nonprofit’s filings with the Secretary of State office indicates John D’Antonio sits on the board of directors. RELATED: As NM’s water boss, D’Antonio is back on the job
The nonprofit hosted a controversial produced water conference in Santa Fe last year, with the New Mexico Water Resources Research Institute and New Mexico Tech’s Petroleum Recovery Research Center. The conference drew protests from environmentalists concerned about how the wastewater from oil and gas production may be used in the future.
The state is currently gathering public and stakeholder input before developing policy and regulation around potentially using fracking wastewater, also called produced water, for use outside the oil and gas sector. Environmental groups are concerned that the process is being driven by industry interests, and could result in unsafe water being introduced to the state’s water resources.
RELATED: More questions than answers on how to reuse produced water
Given those concerns, D’Antonio’s current roles as both state engineer and board member to the association is problematic, said Rebecca Sobel, senior climate and energy campaigner for WildEarth Guardians.
While fresh water supplies in the state are slowly dwindling, oil and gas activity generates millions of gallons of produced water each year. The state is currently deciding how best to regulate the use of treated produced water, while researchers, oil and gas producers and other companies are trying to find new uses for the wastewater. Produced water is a byproduct of the oil and gas extraction activities currently going on in two energy-generating sections of the state, the Permian Basin in the southeastern portion of the state, and the San Juan basin in the Four Corners area. The wastewater comes into contact with hydrocarbons and drilling constituents, and is generally considered contaminated. As the state gears up to hold a series of public meetings on recycling produced water throughout October, there are some serious question marks over the feasibility of using treated produced water in applications outside the oil and gas industry.
The U.S. Environmental Protection Agency and the state of New Mexico released a draft report on Friday about the possibility of someday reusing or recycling wastewater from the oil and gas industry. According to the draft white paper compiled by the EPA and three state agencies, “Given that drought is no stranger to New Mexico, decisions about water are growing ever more complicated and meaningful.”
This summer, the EPA and three New Mexico agencies convened a working group to understand and clarify existing regulatory and permitting frameworks and create a road map toward finding other uses for wastewater generated by oil and gas drilling. The draft report lays out various possible reuse scenarios, explains which agencies would be involved in permitting and regulations and parses some of the legal issues. As the authors note, New Mexico became the third-largest oil producing state in the U.S. in 2018 and the industry produces enormous quantities of wastewater. According to the report:
For every barrel of oil, four or five barrels of produced water may be generated: an estimated 168 to 210 gallons of produced water for every 42 gallons of oil produced.
As state agencies move forward with plans to study reusing wastewater from oil and gas drilling, some environmental and community groups want the administration to slow down. They’re concerned about the working group’s quick schedule and lack of transparency thus far on an issue they say demands careful study. This summer, New Mexico signed an agreement with the U.S. Environmental Protection Agency and formed a working group to figure out how wastewater might be reused within the oilfield itself—and someday, beyond it. As we reported last month, the state initiated the process with the EPA. Following the publication of that story, representatives from more than 15 environmental and community groups signed onto a letter to the EPA which said the agreement between the federal agency and the state violates the Federal Advisory Committee Act (FACA) and requesting the federal agency withdraw.