Rulemaking to ban 'forever chemicals' in New Mexico oil and gas debated by lawmakers
A Carlsbad environmental group called on the State of New Mexico and federal government to ban the use of substances known as “forever chemicals” in the oil and gas industry, in response to recent research showing the contaminants could be used in fracking.
Citizens Caring for the Future organizer Kayley Shoup presented the group’s arguments to New Mexico’s interim legislative Radioactive and Hazardous Materials Committee during a Tuesday meeting at Southeast New Mexico College in Carlsbad.
She contended much of the chemicals used in oil and gas drilling were not disclosed by energy companies, but were considered proprietary by those companies. She argued the use of per-and polyfluoroalkyl substances (PFAS) should be reported to protect public health.
More: New Mexico to investigate PFAS 'forever chemicals' in oil and gas drilling after petition
The proposed state rulemaking would not only ban use of the chemicals, Shoup said, but force oil and gas companies to report all the chemicals contained in fracking fluids.
Hearings on the rulemakings were planned by the Oil Conservation Division in February and March, with a public comment period planned to accept input.
A separate proposal would see the federal government list PFAS as hazardous materials, increasing regulations applied to the substances.
More: Eddy County prepares for $500M industrial revenue bonds for new natural gas plant
PFAS, which are used in a variety of industrial operations, including manufacturing and cleaning supplies, are not believed to ever breakdown in the environment once emitted. hey can cause several health problems in people through long-term exposure and are known to contaminate water supplies in areas near their use.
Shoup referred to a recent report from the Physicians for Social Responsibility that alleged PFAS could be present in fracking fluids.
More: SCOTUS decision could strip New Mexico rivers of federal pollution protections
That process sees a combination of chemicals and other fluids pumped underground to break up rock formations known as shale to extract crude oil and natural gas.
Fracking was used heavily in the Permian Basin of southeast New Mexico, amid a multi-year boom in fossil fuel production, which Shoup said presented economic benefits but higher health risks for the local community.
The report showed 9,000 pounds of PFAS were injected into 261 oil and gas wells in New Mexico between 2013 and 2022, with 243 million pounds of “trade secret” chemicals Shoup said could also be PFAs.
More: How 'green' is New Mexico really? Do recent oil and gas reforms go far enough?
“The health effects of PFAS are becoming more widely understood,” Shoup said. “Knowledge equals power and informs choices. As knowledge and disclosure increases, so does our decision making.”
She argued against “trade secrets” in the oil and gas industry permitted under state law, pointing to a “loophole” that could continue to exempt oil and gas companies from reporting on PFAS use even if they were federally listed as hazardous.
“The oil and gas industry is exempt from much of the hazardous materials laws at both the state and federal level,” Shoup said. “This is an issue where human health needs to come first.”
More: Permian Basin adds oil and gas rig after months of declining output in New Mexico, Texas
Vice Chair of the committee Sen. Jeff Steinborn (D-36) said that while New Mexico was a national leader in oil and gas production, it lacked adequate rules for companies to inform the public of what chemicals were used in extraction operations.
“I think the issue of requiring better disclosure of fracking fluids is super important,” Steinborn said. “At the source of the pollution it’s all secret. New Mexico is one of the leading producers of oil and gas, yet we are probably lagging behind of other states as far as disclosure. I think we need to update our policies.”
Rep. John Block (R-51) questioned the call for tighter government regulations, contending exposing trade secrets could impede companies by allowing others to steal trademarked substances.
"The last thing we want is for the government to regulate more things," he said. "Those trade secrets are important to not infringe on that level. If we go to these companies and say 'You have no trade secrets,' then there is no market."
Rep. Cathrynn Brown (R-55) argued against a motion proposed by Steinborn that the committee write a letter of support for the ban on PFAS in the oil and gas industry.
She argued the discussion on Tuesday had no representation from the oil and gas industry, and that the committee did not enough information.
"I think we need to hear from the oil and gas producers to see what they can shed light on, what they know about this. There are legal issues that arise from this. Intellectual property in general," Brown said.
"I think it’s way premature. I just cannot sign a letter without more facts."
New Mexico looks to clean up PFAS at and around Air Force bases
PFAs were also found at Air Force bases throughout New Mexico, leading to litigation from the State against the Department of Defense.
More: Oil and gas is 'deforming' New Mexico's land, study says, as drilling set to grow
William Grantham with the New Mexico Office of the Attorney General said the state and federal government were presently in legal mediation in a case where the DOD challenged New Mexico’s authority to regulate PFAS.
As PFAS are not listed federally as hazardous substances, the DOD argued that could limit state authority to require federal agencies to clean them up.
Gov. Michelle Lujan Grisham called on the U.S. Environmental Protection Agency to list PFAS federally, but Grantham said the agency instead sought multiple rulemakings to increase state authority to address the contamination.
More: Are pecans driving New Mexico's drought? Heat, lack of rain predicted in coming weeks
“EPA is basically proposing to do a rulemaking that hopefully will show we were right all along in our authority,” he said before lawmakers.
The State of New Mexico was also part of a national lawsuit against 3M, Dupont and 19 other manufacturers of PFAS and Grantham said this could result in a settlement intended to provide clean water to impacted communities.
“We’re talking about thousands of water providers, nationally,” he said.
The state was still working to uncover the full extent of the pollution, said Amy Ewing, hydrologist with Daniel B. Stephens & Associates, a firm assisting the New Mexico Environment Department’s inquiries into PFAS contamination at Canon and Holloman Air Force bases.
This included a series of water samples taken from on and around the bases, Ewing said, and analyzing the water for PFAs contamination.
The firm recommended the State increase its PFAS monitoring network and call for progress updates from the federal government on its plans to cleanup the contamination.
Ewing said PFAS were detected from several samples taken at both bases from surrounding water and animals including ducks hunted at Lake Holloman.
“They’re doing pretty extensive investigation,” she said. “There were detections in the vegetation as well as in the species.”
Adrian Hedden can be reached at 575-628-5516, achedden@currentargus.com or @AdrianHedden on X, formerly known as Twitter.
This article originally appeared on Carlsbad Current-Argus: Lawmakers talk ban on 'forever chemicals' in New Mexico oil and gas
