Current through Register Vol. 35, No. 24, December 23, 2024
A.
Application for a permit to drill an exploratory well or to drill or
operate a production or observation well. Any person who proposes to
drill or operate an exploratory, production or observation well shall first
apply for a permit by filing a written application with the division. The
applicant shall submit two paper copies and one electronic copy of the
application. The applicant shall submit the information listed below in the
application:
(1) name and contact information
of the owner or operator of the well and the drilling contractor and whether
the owner or operator is a corporation, partnership, single proprietorship,
association or other business entity and the names of the applicant's officers
and directors;
(2) name and contact
information of the applicant's registered agent;
(3) location of the proposed or existing well
(UTM coordinates or latitude-longitude) and a map showing location and
distances to property lines;
(4)
estimated or actual (if existing) top of well-elevation;
(5) name and contact information of the
surface land owner;
(6) signature
of a responsible official or designated agent of the applicant;
(7) name and contact information of the
geothermal resource owner and documentation such as deeds, leases, permits or
other documentation showing applicant has the authority or right to produce the
geothermal resource;
(8) for
production wells, actual (when available) or estimated data regarding the
physical characteristics of the geothermal resource including volume,
temperature, permeability, thermal capacity and water quality of both the
geothermal resource waters and any fresh water resources in the proposed
drilling area;
(9) whether the
applicant proposes to reinject all ground water as soon as practicable into the
same ground water source from which it was diverted, resulting in no new
depletion to the source and information regarding the proposed diversion and
reinjection;
(10) a map and
accompanying list showing the names, addresses and locations of adjacent
landowners within one-half mile of the proposed geothermal well or facility;
the location of water wells within one mile of the proposed geothermal well or
facility; the names, addresses and locations of any geothermal resource owners
or lessees currently owning or leasing a geothermal resource within five miles
of the proposed geothermal well or facility; and the names, addresses and
locations of any local, state, federal or tribal government property within
five miles of the proposed geothermal well or facility;
(11) a statement of the purpose and estimated
or actual (if existing) depth of the well;
(12) for production wells, the proposed
production rate of geothermal resource waters;
(13) a description of the geothermal well
construction, BOPE and the drilling rig;
(14) a description of the logging, coring and
testing program;
(15) plans for
providing financial assurance prior to permit issuance pursuant to
19.11.2.18 NMAC;
(16) pit information pursuant to
19.11.4.17 NMAC;
(17) methods for disposal of geothermal
resources, residue of geothermal resources or nondomestic waste from the
exploration, development or production of geothermal resources pursuant to
19.11.4.20 NMAC;
(18) a geothermal well plugging and
abandonment plan, including a responsible third-party contractor's cost
estimate, sufficient to plug and abandon the wells in a manner that will
protect life, health, property, natural resources, the environment and the
public welfare, and comply with the requirements contained in
19.11.4.16 NMAC;
(19) a statement of whether the applicant or
any subsidiary, affiliate or person controlled by or under common control with
the applicant
(a) has had a federal or state
UIC or geothermal drilling or operating permit suspended or revoked in the five
years preceding the date of the application's submission; or
(b) has forfeited a performance bond or
similar security deposited in lieu of bond; and
(c) a brief explanation of the facts involved
if any such suspension, revocation or forfeiture referred to in Subparagraphs
(a) and (b) of Paragraph (19) of Subsection A of
19.11.2.10 NMAC has occurred,
including:
(i) the permit's identification
number and issuance date, and the date and amount of bond or similar security
involved;
(ii) identification of
the authority that suspended or revoked the permit or forfeited the bond or
similar security and the stated reasons for the action;
(iii) the status of the permit, bond or other
security involved;
(iv) the date,
location and type of any administrative or judicial proceedings initiated
concerning the suspension, revocation or forfeiture; and
(v) the proceeding's status; and
(20) a listing of all
violation notices the applicant has received relating to any UIC or geothermal
drilling or operation during the three-year period before the application date;
for each violation notice reported include the following information as
applicable:
(a) any identifying number for
the operation including the federal or state permit number, the violation
notice's issuance date, the name of the person or entity to whom the violation
notice was issued and the name of the issuing regulatory authority, department
or agency;
(b) a brief description
of the violation alleged in the notice;
(c) the date, location and type of any
administrative or judicial proceedings initiated concerning the violation,
including proceedings initiated by any person or entity to obtain
administrative or judicial review of the violation;
(d) the status of the proceedings and of the
violation notice; and
(e) the
actions, if any, taken by any person identified in Paragraph (20) of Subsection
A of 19.11.2.10 NMAC to abate the
violation.
B.
Application for permit to drill or operate an injection well. Any
person who proposes to drill or operate an injection well shall first apply for
a permit by filing a written application with the division. The applicant shall
submit two paper copies and one electronic copy of the application. The items
listed below along with the items listed in Subsection A of
19.11.2.10 NMAC are required:
(1) a description of the well construction,
or proposed well construction, and the proposed method for testing the well
before the well is used for injection;
(2) the estimated maximum injection pressure,
mass flowrate and temperature;
(3)
an analysis of the proposed injection fluid; and
(4) a description of the proposed pipelines,
metering equipment and safety devices that will be used to prevent accidental
pollution.
C.
Application for a geothermal facility with multiple geothermal
wells. Any person who proposes to drill or operate multiple geothermal
wells and operate a geothermal facility on an applicant's geothermal lease
shall apply for a multi-well geothermal facility permit. The applicant shall
submit two paper copies and one electronic copy of the application. The items
listed below along with the items listed in Subsections A and B of
19.11.2.10 NMAC are required:
(1) a description of surface equipment and
site plan, with proposed topography, of the power generating facility and
associated well field with proposed and existing wells identified;
and
(2) a facility closure plan,
including a responsible third-party contractor's cost estimate, sufficient to
close the facility in a manner that will protect life, health, property,
natural resources, the environment and the public welfare, and comply with the
closure requirements contained in 19.11.4 NMAC.
D.
Application to modify or renew a
permit. Any permittee who proposes to modify an individual geothermal
well permit or a geothermal facility permit or renew an existing permit
(individual or facility) shall first apply for a permit modification or permit
renewal by filing a written application with the division. The permittee shall
file an application to renew a permit one year prior to the expiration date of
the current permit. All applications to modify or renew a permit shall follow
the applicable requirements listed in Subsections A, B or C of
19.11.2.10 NMAC unless the
modification is a minor permit modification or is approved under the
permittee's notification requirements and requests for approval to division
conditions listed in
19.11.4.9 NMAC. A minor permit
modification includes:
(1) change in owner of
the geothermal lease or geothermal interest;
(2) change in well name;
(3) change in previously proposed location of
a well that is within the approved area of a geothermal well or facility
permit;
(4) change in status of an
injection well to another type of well;
(5) changing the construction of an injection
well, including placing a plug in the hole or well and recovering or altering
the casing;
(6) adding wells to a
geothermal facility permit that have been approved previously per Subsections A
or B of 19.11.2.10 NMAC;
(7) creation of a geothermal facility permit
that includes only wells and equipment permitted previously under 19.11.2
NMAC;
(8) permitting of equipment
that has been permitted or approved prior to the promulgation of 19.11.2 NMAC;
the permittee may, upon promulgation of 19.11.2 NMAC, apply to permit all
currently operating and previously approved geothermal wells and facilities
under 19.11.1 through 19.11.4 NMAC pursuant to the minor permit modification
procedures in Subsection E of
19.11.2.10 NMAC; and
(9) for an injection well permit or for that
portion of a geothermal facility permit that pertains to injection wells, a
modification listed under
40 CFR
144.41.
E.
Notification of application for
minor permit modification or activity taken pursuant to
19.11.4.9 NMAC. When
requesting approval of a minor permit modification or prior to taking an action
listed in Paragraph (3) of Subsection A or Paragraphs (3), (6), (8) or (10) of
Subsection B of
19.11.4.9 NMAC, the permittee
shall provide written notification to tshe adjacent surface owners within
one-half mile, water rights owners with a well that is within one mile and any
geothermal resource owners or lessees within five miles of the geothermal well
or facility.
F.
Application
for a minor permit modification. Any permittee who proposes a minor
permit modification shall submit a written request, to the division, that fully
explains the proposed modification and all information required to implement
the requested change. The permittee may apply for approval of the activity
listed in Paragraph (3) of Subsection D of
19.11.2.10 NMAC up to 30 days
after the action.
G.
Pre-application meeting. Any person who proposes to submit a
permit application to the division may request a pre-application meeting with
division staff.
H.
Transfer
of a permit.
(1) The permittee shall
not transfer a permit without the division's prior written approval. If the
transferee wants to change the conditions of the original permit, it shall
apply for a new permit pursuant to
19.11.2.10 NMAC. Unless the
division otherwise orders, public notice or hearing are not required for the
division to approve a transfer request. If the division denies the transfer
request, it shall notify the permittee and the proposed transferee of the
denial by certified mail, return receipt requested and either the permittee or
the proposed transferee may request a hearing within 10 days after receipt of
the notice. Until the division approves the transfer and the required financial
assurance is in place, the division shall not release the transferor's
financial assurance.
(2) If the
transferee will conduct operations in full compliance with the terms and
conditions of the original permit, the transferee shall provide the division
with the following information:
(a) name and
contact information of the owner or operator of the well or facility and a
statement as to whether the applicant is a corporation, partnership, single
proprietorship, association or other business entity and the names of the
transferee's officers and directors;
(b) name and contact information of the
transferee's registered agent;
(c)
the signature of a responsible official or designated agent of the transferee
on the transfer request;
(d) proof
that the transfer complies with the terms of any deed, lease or
permit;
(e) a statement that the
transferee will continue to conduct the operations involved in full compliance
with the terms and conditions of the original permit, unless the transferee
applies for a new permit; and
(f)
plans for providing sufficient financial assurance to cover the original permit
in its entirety from inception to completion of plugging and abandonment prior
to the transfer.
(3)
Nothing in 19.11.2 NMAC shall be construed to relieve any person of
responsibility or liability for any act or omission that occurred while that
person owned, controlled or was in possession of the well or
facility.
