In unusual move WQCC schedules oral argument about discharge of frack waste during public meeting tomorrow

Last week we reported that in separate but complimentary filings New Energy Economy, WildEarth Guardians, Amigos Bravos and the Sierra Club filed motions at the Water Quality Control Commission calling for reexamination of the evidence against fracking waste discharge to groundwater before a final vote to adopt the rule at the public meeting scheduled tomorrow. In an extremely unusual move the Commission has scheduled oral argument regarding the issues raised in the three motions filed for the public meeting scheduled to begin at 9:00AM tomorrow. 

New Energy Economy, WildEarth Guardians and Indigenous community members filed a Joint Notice and Request to Prevent Plain Error, arguing that discharge of treated produced water to groundwater without scientifically based treatment and water quality standards specific to produced water is a violation of the Water Quality Act, and that the flimsy Notice of Intent procedure for pilot treatment projects violates the Produced Water Act. WildEarth Guardians filed an additional Motion for Clarification related to residual waste, and the Sierra Club and Amigos Bravos filed a Motion for Reconsideration opposing the Commission's decision to authorize discharge.

On Thursday last week 27 NM legislators also delivered a letter to the Commissioners asking them to reconsider their ill conceived decision to allow for discharge of 2000 barrels of treated fracking waste per day without scientifically based quality standards specific to produced water, and not to require a permit for pilot treatment projects as required by law. The legislators wrote:

“The decision to allow ANY discharge of treated oil and gas waste to ground or surface water prior to the development of treatment and quality standards is both irresponsible and dangerous in the extreme.”

In an article about the letter published by SourceNM WQCC Chair Bruce Thomson is quoted telling the reporter "I will agree that treatment technologies are in an early stage of development.” We agree, and question how any regulator who understands this fact could allow for discharge of the potentially inadequately treated waste to our groundwater!

The meeting agenda places oral argument third on the docket, but those items could potentially be resolved swiftly, so we expect arguments could begin by 10:00AM. Join us in Room 322 at the Capitol Building - 490 Old Santa Fe Trail, Santa Fe.

JOIN US TOMORROW AT 10:00 AM TO SHOW THE COMMISSION THE PUBLIC IS PAYING ATTENTION! WEAR BLUE AND JOIN US FOR PRESS PHOTO AT 12:00PM