On Friday, April 22, IPANM submitted a 22-page comment to the BLM regarding their very flawed proposal to increase regulations on the practice of venting and flaring (copy linked here). Although it is rather lengthy, I think it covers all the bases on this very complex rule. Thank you Tom Mullins and Dan Girand for their valuable comments on this issue.

As the current Presidential administration draws to a close, bureaucrats at the BLM are feverishly moving forward with amending existing regulations. In addition to direct attacks on industry with the venting and flaring regulations and the revamped Onshore Orders #3, #4, #5 and #9, they are quietly revamping the processes by which the public may be involved in stopping activities on federal lands. These indirect attacks, under the guise of process overhauls, may have greater impact on industry–particularly if we are not engaged now and the environmental community manages to have only their voice heard. One such example is the overhaul of the process for which Resource Management Plans will be completed. The BLM is calling this major overhaul “Planning 2.0 initiative” in the hopes that industry will overlook the impacts. On February 25th, the BLM published the proposed rule in the Federal Register, and we have until April 25th to respond to it. A copy of the 63 page rule is linked here. According to the BLM fact sheet, the main points are (points of concern are highlighted in RED):
Highlights of the Proposed Rule
Early Public Involvement. The proposed rule would establish several new opportunities for early public involvement during the planning process. The public would be provided opportunities to submit data and information and to review preliminary versions of key planning documents including a preliminary statement of purpose and need, preliminary alternatives and their rationale, and preliminary procedures, assumptions, and indicators to be used in the effects analysis. Translation: The public would be able to slow the process down.
Planning Assessment. The proposed rule would require the development of an upfront planning assessment prior to developing a land use plan. The planning assessment would provide a description of baseline resource environmental, ecological, social, and economic conditions in the planning area. This step would provide for additional public involvement, including an opportunity to submit data and information. Translation: More “assessments” on top of those already required like the “Reasonable Foreseeable Development Plan” which will require more time.
High Quality Information and Best Available Science. The proposed rule would improve the BLM’s ability to utilize the high quality information, including the best available science and geo-spatial data, when it develops plans and implements future actions. The proposed changes affirm the importance of using high quality data as a foundation for BLM planning and management. Translation: We have seen the Administration rely on non-science from the environmental community, maybe “high quality information” needs to be defined?
Landscape-Level Planning. The proposed rule would provide the agency flexibility to plan across traditional administrative boundaries. The BLM Director would also be provided discretion to determine future RMP boundaries. Translation: What does this mean? Should we demand that our local governments have a stronger ability to coordinate? With the BLM Director having discretion, this becomes a political not administrative based on science process.
Planning Framework. The proposed rule would distinguish between the plan components that are mandatory elements of a plan and with which all future decisions must be consistent, and optional implementation strategies that are not components of the plan but may help guide plan implementation.
Protest. The proposed rule would revise the protest procedures to provide more detailed information on what constitutes a valid protest issue and for consistency with new terminology. The proposed rule would also provide electronic methods for protest submission.
The BLM is offering a webinar on April 13, 2016 from 3:00-5:00 pm EDT for the pubic to learn about the proposed rule before the close of the comment period. Participants can register for the webinar by visiting www.blm.gov/plan2.

IPANM has participated with NMOGA, PBPA and the NMOCD in addressing Governor Susana Martinez’s directive related to developing a Gas Capture Plan (GCP) for New Mexico. Following meetings and discussion, the following policy directive has been developed to address Gas Capture and will go into effect May 1st, 2016.

Please see the linked NMOCD Gas Capture Plan Form.

The Gas Capture Committee has finalized the Gas Capture Plan (GCP) form and is ready for distribution. This Gas Capture Plan outlines actions to be taken by the Operator to reduce well/production facility flaring/venting for new completion (new drill, recomplete to new zone, re-frac) activity. The requirement applies to State, Fee, Federal, & Tribal wells.

The effective date is May 1st, 2016 and applies to the following:

• For new completion (new drill, recomplete to new zone, re-frac) activity already approved as of May 1st, a GCP will be required within 30 days of spud or commencement date.

• For new completion (new drill, recomplete to new zone, re-frac) activity already filed and not yet approved, a GCP will be required prior to spud or commencement of recomplete or re-frac activity.

• For new completion (new drill, recomplete to new zone, re-frac) activity filed on or after May 1st, a GCP will need to accompany the APD or sundry notice as required for the activity.

The NMOCD plans to have outreach sessions to inform and distribute the form. Keep on the lookout on NMOCD website under “Announcements/Notifications” section for dates.

As many of you are aware, the BLM released a proposed Venting and Flaring Rule that will have significant impacts on our industry. Thanks to an extension request by Governor Martinez and several others, the comment deadline was extended from April 8th to April 22nd. A link to the proposed rule is here.

In an effort to educate industry on this issue, NMOGA has invited both IPANM members and State Legislators to attend one of three webinars to be held on April 5th at 10am, or 2pm or April 6th at 10am. You will need to register for the event. As the impacts of the BLM Venting and Flaring rule will be significant, we strongly suggest IPANM members participate in these webinars and submit comments to the BLM. We will be sending out a 2 page bullet point list of the pro-industry arguments so you can cut and paste them onto your letterhead to send to the BLM.

In the interest of balance, we have also included a letter from several New Mexico legislators to the BLM in support of the proposed Venting and Flaring rules. The arguments in support include a claim that venting in the oil patch results in a $42 million dollar loss in state revenues. It is my hope that these politicians will take the time to educate themselves on this issue at the NMOGA webinars.

The linked document is a communication from the Farmington Field Office of the Bureau of Land Management. If you have any questions, please contact Virgil Lucero at (505)564-7752, William Tambekou at (505)564-7746, or Abdelgadir Elmadani (AG) at (505)564-7742.

Last week Commissioner Dunn at the New Mexico State Land Office held a very productive meeting with industry regarding having an open discussion about the economic pressures operators are facing in this low commodity environment.

PLEASE SEND YOUR COMMENTS TO PATRICK PADILLA AT THE STATE LAND OFFICE at PPadilla@slo.state.nm.us Please submit by Friday March 11th at COB.

First, the Commissioner needs to hear from industry whether we would ask for the option to shut in oil wells. The NMSLO is proposing a separate policy from TA well status that would allow operators to leave production equipment in the wellbore and not be subject to MIT tests, but rather perform an annual bradenhead test to demonstrate wellbore integrity. In order to allow industry to have this option, the Commissioner would need to go through a public hearing process to invoke the provisions in statute. This would open the agency up to vigorous debate from those opposed to industry obtaining any relief (the “Leave it in the ground” folks). While the Commissioner has made it clear that he is willing to go the route of allowing for the shut in for oil wells, he needs to hear from industry directly to make sure that this is an effort worth making on their behalf and would be actually used – unlike the current stripper well program.

Second, industry needs to understand that the costs associated with this relief are set by statute and limited only to OIL wells. Because these provisions are in statute, the State Land Office would not be able to amend them (only the Legislature can amend statutes). In simple terms, an oil well would be allowed to be shut in for economic considerations for up to two years with an annual per well payment equal to either $320 or twice the annual rental for the lease on which it is located, with the greater of the two of those amounts being the rate called for by statute. if there is concern with this provision, please let Mr. Padilla know.

Lastly, while OCD is working with industry and the NMSLO on this, at this time, if operators need assistance with the TA policy, they must speak to Daniel Sanchez at the NMOCD at Daniel.sanchez@state.nm.us

Please make sure that someone from your office responds to Mr. Padilla concerning this issue by Friday this week. It is important that the Commissioner know that industry would be interested in obtaining relief as soon as possible. I would also ask that you cc me in any comments you send, so I can continue to keep this issue at the forefront.

If your company pays into the BLM Permian Basin Programmatic Agreement, there is a meeting scheduled for Thursday, March 3rd, in Santa Fe from 12:30 to 3:30. The BLM intends to extend the PA for another 10 years with the following proposed amendments.

1. To expand the Agreement area by adding all or a portion of 11USGS 7.5 Minute Quadrangle Maps to the 28 quadrangle maps that comprise the existing programmatic Agreement area (PA area). The BLM wishes to expand the area to encompass the increased drilling that is taking place beyond the current boundaries. The additional maps were chosen based on a NM Tech study called, “Reasonable Foreseeable Development” and tracked actual drilling locations for the last three years. Although the PA process cannot be used on State Trust Lands, the distribution of these lands along with private lands was also taken into consideration for the expansion. Please note that although the BLM will tell you differently, if your company intends to have a location on State Trust Lands it is recommended you do an ARMS survey, but no full archeological survey is required. The BLM also states that there are no known Traditional Cultural Properties related to any tribes or pueblos with ancestral ties to the expanded region. Many of the proposed areas have greater than 20% of the area previously surveyed.

The expanded area includes Maps of the following areas:

Angel Draw Quadrangle
Bell Lake Quadrangle
Bell Lake Quadrangle II
Bond Draw
Bond Draw II
Carlsbad East Quadrangle Proposed Area
Cottonwood Hills Quadrangle
Illinois Camp SE Quadrangle
Indian Flats Quadrangle
Malaga Quadrangle
Malaga Quadrangle II
Red Bluff Quadrangle
Red Bluff Quadrangle II
Red Lake Quadrangle
Red Lake Quadrangle II
Spring Lake Quadrangle

2. In addition, the BLM proposes to increase fees every January 1 based upon the rate of inflation determined by the Bureau of Labor – this is instead of the 3% increase on your anniversary date. The allocation of PA project funds will also change from a formula of 75% devoted to excavations and 25% to the preparation of historic contexts, additional surveys, training and data management – to a yearly allocation based on the balance of the funds in the PA, the Workgroups priority determinations, progress on mitigation priorities, and the funding requirements of the Assistance Agreement between the BLM and the NM Department of Cultural Affairs.

Karin Foster, our Executive Director, will be at the March 3rd meeting. HOWEVER, if you have concerns about either of these amendments, please send Martin Stein, Permian Basin PA Coordinator an email AND copy Karin. Mr. Stein’s email is stein@blm.gov and Karin’s email is karin@ipanm.org.

During the course of the Legislative session, we have had several conversations with Secretary Martin, his staff and Aubrey Dunn and his staff regarding finding creative ways to provide some relief to New Mexico’s oil and gas producers. All IPANM members and others in industry are invited to a meeting in Santa Fe on February 26th at 10am. Right now, the meeting is scheduled to be held at Morgan Hall at the State Land Office (the last meeting there before the demolition of that auditorium). However, there is no conference call in capability at Morgan. I am working on obtaining conference call in number and will let you know when one is set up.