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information & issues

Welcome to IPANM’s Information & Issues webpage!

IPANM is not afraid to take strong stances on many current issues threatening our industry. We have to! Seemingly minor changes to regulations or rules can have a major impact on the financial solvency of our small oil & gas producers. While we will never compromise on our duties to protect human health, fresh water and the environment in our daily activities, we will fight unnecessary government overreach when new regulatory proposals are not based on sound science and do little to protect the environment.

Below, we’ve identified serious issues facing our producers. Please click on the corresponding button to learn more about each issue and IPANM’s stance on the issue. (Note: Some of this content may be restricted for members only. To access this exclusive content, please join our association!)

RECENT NEWS: All Issues

WASHINGTON, D.C. – In support of President Obama’s all-of-the-above energy strategy, and the Obama administration’s goal of continuing to expand
DRAFT COPY of the Bureau of Land Management Hydraulic Fracturing Rule as of 4/26/2012
WASHINGTON – The U.S. Fish and Wildlife Service has determined that the dunes sagebrush lizard does not need the protection
The following pre-trial STATEMENTS have been submitted by IPANM, the State Land Office, New Mexico Citizens for Clean Air and
Pit-Rule
According to IM No. 2011-84, in order for the BLM to consider a Commingling and Allocation approval, a long list
The Carlsbad Field Office of the BLM has issued new standards as of January 20, 2012, for conducting Cultural Resource
During the 2012 Legislative Session, SB 212 was passed by both Houses and signed by Governor Martinez. The NM Taxation

WASHINGTON, D.C. – In support of President Obama’s all-of-the-above energy strategy, and the Obama administration’s goal of continuing to expand responsible oil and gas production, Secretary of the Interior Ken Salazar today announced the release of a proposed rule to require companies to publicly disclose the chemicals used in hydraulic fracturing operations on public and Indian lands, with appropriate protections for proprietary information.

Currently, there is no specific requirement for operators to disclose these chemicals on federal and Indian lands, where approximately 90 percent of the wells drilled use hydraulic fracturing to greatly increase the volume of oil and gas available for production. The proposed rule would require public disclosure of chemicals used during hydraulic fracturing after fracturing operations have been completed.
This common-sense measure, which builds on the preliminary input received from the public, industry, tribal representatives, and other stakeholders, supports the continued development of America’s abundant oil and gas resources on federal and Indian lands by taking steps to ensure public confidence in well stimulation techniques and technologies, including hydraulic fracturing. It is also in line with steps that some states have already taken, requiring operators to disclose the chemicals they use in activities on state lands.

The draft rule also contains two additional, commonsense measures to ensure development continues safely and responsibly:

· Improving assurances on well-bore integrity to verify that fluids used in wells during fracturing operations are not escaping; and
· Confirming that oil and gas operators have a water management plan in place for handling fracturing fluids that flow back to the surface.

Already, technological advancements like hydraulic fracturing have allowed development of previously uneconomic natural gas and oil deposits. In fact, since 2008, U.S. oil and natural gas production has increased each year. In 2011, U.S. crude oil production reached its highest level in 8 years, and U.S. natural gas production grew in 2011 as well – the largest year-over-year volumetric increase in history – easily eclipsing the previous all-time production record set in 1973. Overall, oil imports have been falling since 2005, and oil import dependence declined from 57 percent in 2008 to 45 percent in 2011 – the lowest level since 1995.

During the first three years of the Obama Administration combined, federal oil production has increased by 13 percent and total natural gas production from onshore public lands has increased by six percent, compared with totals from 2006-2008. This proposed rule will strengthen the requirements for hydraulic fracturing performed on federal and Indian lands in order to build public confidence and protect the health of American communities, while ensuring continued access to the important resources that make up our energy economy.

“As the President has made clear, this administration’s energy strategy is an all-out effort to boost American production of every available source of energy,” said Secretary Salazar. “As we continue to offer millions of acres of America’s public lands for oil and gas development, it is critical that the public have full confidence that the right safety and environmental protections are in place. The proposed rule will modernize our management of well stimulation activities – including hydraulic fracturing – to make sure that fracturing operations conducted on public and Indian lands follow common-sense industry best practices.”

The measures contained in the draft rule are consistent with the goals first outlined by Secretary Salazar in November 2010 during a forum on hydraulic fracturing on public lands to examine best practices to ensure that natural gas on federal and Indian lands is developed in a safe and environmentally responsible manner.

In developing the proposed rule, Interior’s Bureau of Land Management (BLM) sought feedback from a wide range of sources, governments, industry, members of the public and other interested stakeholders.

Under the Department’s unique relationship with Indian tribes, BLM began formal tribal consultations in January 2012 – including outreach, communication and substantive discussions – with tribal governments about the proposed rule’s ongoing development, in the spirit of trust, respect and shared responsibility in providing tribal governments an expanded role in informing federal policy that impacts Indian lands. Consultation with tribal leaders remains ongoing and will continue throughout the rulemaking process.

Once the proposed rule is published in the Federal Register, a 60-day public comment period will begin, during which the public, governments, industry and other stakeholders are encouraged to provide their input.

“The BLM recognizes the importance of all domestic energy sources to the welfare and security of this nation,” said BLM Director Bob Abbey. “The proposed rule will move our nation forward as we ensure responsible development while protecting public land resources.”

Current BLM regulations governing hydraulic fracturing operations on public lands are more than 30 years old and were not written to address modern hydraulic fracturing activities.

The proposed rule seeks to maximize flexibility, minimize duplication and complement ongoing efforts in some states to regulate fracturing activities by providing a consistent standard across all federal and Indian lands and making reported information easily accessible to the public. For instance, the BLM is working closely with the Ground Water Protection Council and the Interstate Oil and Gas Commission in an effort to integrate the disclosure called for in the proposed rule with the existing program known as FracFocus.

Also in line with President Obama’s April 13 Executive Order to coordinate the efforts of federal agencies responsible for overseeing domestic natural gas development, the proposed rule released today received important interagency feedback.

Recent technology and operational improvements in extracting unconventional oil and gas resources have increased drilling activities across the country. The sharp rise in domestic production has improved U.S. energy security and created jobs, and as with any resource the administration is committed to ensuring that we continue to leverage these resources on federal and Indian lands safely and responsibly.

The proposed rule would apply to BLM-managed mineral estate, including 700 million subsurface acres of federal estate and 56 million subsurface acres of Indian mineral estate.

Landmark Conservation Agreements Keep Dunes Sagebrush Lizard off the Endangered Species List in NM, TX

WASHINGTON – The U.S. Fish and Wildlife Service has determined that the dunes sagebrush lizard does not need the protection of the Endangered Species Act because unprecedented voluntary conservation agreements now in place in New Mexico and Texas will ensure the long-term protection and recovery of the species. The Service is therefore withdrawing its proposal to add the lizard to the list of species protected under the Endangered Species Act.

“This is a great example of how states and landowners are taking early, landscape-level action to protect a creature and its habitat before it requires the protection of the Endangered Species Act,” said Secretary of the Interior Ken Salazar. “The voluntary conservation efforts of Texas and New Mexico, oil and gas operators, private landowners and other stakeholders show that we don’t have to choose between energy development and the protection our land and wildlife – we can do both.”

State-led voluntary conservation efforts to protect existing shinnery oak dune habitat and reduce the impact of oil and gas development across the species’ range now cover 90 percent of the lizard’s habitat in New Mexico and 70 percent of its habitat in Texas. These measures also minimize the anticipated impacts of other threats, such as off-road vehicle traffic, wind and solar development, and increased predation caused by development.

“The states of New Mexico and Texas have worked tirelessly with the Fish and Wildlife Service, the Bureau of Land Management and scores of landowners and operators in the Permian Basin to conserve and protect habitat that supports the dunes sagebrush lizard and many other species,” said Fish and Wildlife Service Director Dan Ashe. “These ongoing efforts will play a key role in ensuring the future of the lizard, while allowing responsible oil and gas development to continue.”

The Endangered Species Act requires that listing decisions be based solely on the best available science. A species is listed as endangered when it is threatened with extinction through all or a significant portion of its range.

Since the Fish and Wildlife Service proposed the rule to list the dunes sagebrush lizard in December, 2010, the Service has received and reviewed a wide range of scientific information, including new information. For example, information provided by the BLM and Texas A&M University has enabled the Service to refine mapping of dunes sagebrush lizard suitable and occupied shinnery oak dune habitat in New Mexico and Texas. This effort has identified more known occupied sites for the lizard, especially in Texas.

After a careful analysis of new peer-reviewed scientific data and the additional protections provided by the voluntary conservation efforts, Service biologists determined the lizard is neither in danger of extinction nor likely to become endangered in the foreseeable future.

In making the announcement, Director Ashe summarized the conservation efforts underway in Texas and New Mexico, including:

In New Mexico (home to about 73 percent of total lizard habitat), the Service partnered in 2008 with the State, BLM and the Center of Excellence for Hazardous Materials Management, a not-for-profit scientific research organization, to develop a combined Candidate Conservation Agreement (CAA) and Candidate Conservation Agreement with Assurances (CCAA) for the conservation of the lesser-prairie chicken and the dunes sagebrush lizard. These agreements provide an effective mechanism for conservation by allowing oil and gas, and the ranching industry to participate and have their activities covered under this umbrella agreement.

In March, 2012, the New Mexico State Land Office enrolled all lizard habitat on State Trust lands under these agreements.  At the same time, scores of ranching and oil and gas interests operating on private and BLM lands in New Mexico enrolled in the agreements, and BLM removed prime lizard habitat from eligibility for oil and gas leasing. As a result of these actions, more than 90 percent of the total dunes sagebrush lizard habitat in New Mexico is now protected under renewable, 20-year conservation agreements.

In Texas (home to about 27 percent of total lizard habitat), the Service signed a CCAA in February, 2012, with the Texas Comptroller of Public Accounts that provides for the conservation of the dunes sagebrush lizard in Texas while ensuring regulatory predictability for landowners. The CCAA itself constitutes a conservation plan developed with and administered by the Comptroller’s Office. The Texas Plan also includes input from a variety of stakeholders, including federal, state, and private partners representing interests in natural resources, oil and gas, ranching, and agricultural industries.

The plan provides a suite of conservation measures over 30 years that will avoid and minimize adverse effects to dunes sagebrush lizard habitat, while also providing mitigation to restore habitat that was previously developed. An estimated 70 percent of the lizard’s habitat in Texas is now enrolled under the Texas Plan.

The withdrawal of the proposed rule is available for review at http://www.regulations.gov

The following pre-trial STATEMENTS have been submitted by IPANM, the State Land Office, New Mexico Citizens for Clean Air and Water and OGAP in the upcoming Pit Rule Hearing.

IPANM Prehearing Statement (91 KB pdf)
State Land Office Prehearing Statement (126 KB pdf)
NM Citizens for Clean Air and Water Prehearing Statement (101 KB pdf)
Oil and Gas Accountability Project Prehearing Statement

Also below you will find IPANM’s EXHIBITS for the hearing.

IPANM Exhibit 1: Roswell Daily Record Cartoon (749 KB pdf)
IPANM Exhibit 2: “Energy New Mexico: A Publication of IPANM” (12,351 KB pdf)
IPANM Exhibit 3: EIA NM Energy Profile (458 KB pdf)
IPANM Exhibit 4: NM Production Rankings (218 KB pdf)
IPANM Exhibit 5: Resume of Thomas E. Mullins (468 KB pdf)
IPANM Exhibit 6: Slide Presentation by Thomas E. Mullins (183 KB pdf)
IPANM Exhibit 7: HELP Model Runs 3-05-12 (1,082 KB pdf)
IPANM Exhibit 8: Multimed Model Run 3-05-12 (1,562 KB pdf)
IPANM Exhibit 9: Multimed Model Manual (1,386 KB pdf)
IPANM Exhibit 10: HELP Model Manual (600 KB pdf)
IPANM Exhibit 11: HELP Engineering Manual (1,533 KB pdf)
IPANM Exhibit 12: Climatological Data Sheets (293 KB pdf)
IPANM Exhibit 13: Non-Aqueous Phase Liquid Mobility Limits in Soils (553 KB pdf)
IPANM Exhibit 14: USGS Fact Sheet (312 KB pdf)
IPANM Exhibit 15: Rig Counts in NMSE Counties and Texas 2007-2011 (1,346 KB pdf)

According to IM No. 2011-84, in order for the BLM to consider a Commingling and Allocation approval, a long list of conditions must be met, including that the proposed commingling include production from “only federal leases, units or CAs with 100 federal mineral ownership. In addition, each lease, unit, unit PA or CA of BLM lands or Indian minerals must be capable of production in Paying quantities before commingling is approved. In addition, the BLM now requires that measurement of oil and gas production for all federal and Indian leases must take place on the lease, unit PA or CA.

BLM Instructional Memorandum No. 2011-184.pdf (1 MB)

The Carlsbad Field Office of the BLM has issued new standards as of January 20, 2012, for conducting Cultural Resource Survey and Site Recording on lands involving Federal Undertakings.

If you have any questions, please contact James B Smith, Archeologist at the Carlsbad Field Office at 575-706-6664.

Standards Document (pdf 208 kb)

During the 2012 Legislative Session, SB 212 was passed by both Houses and signed by Governor Martinez. The NM Taxation and Revenue department has come out with two bulletins outlining the changes in the withholding requirements for oil and gas proceeds paid after 1/1/12.

B-200.13_Withholding Tax on Oil and Gas Proceeds 4-12.pdf (42 KB)
B-200.25_Withholding Tax Owners of a Pass Through Entity 4-12.pdf (42 KB

Summary:

a. If you are already required to withhold, continue to use from RPD-41284 Quarterly Oil and Gas Proceeds withholding tax form
b. If the remitee is a NM resident or maintains a principal place of business in NM and the remitter has reasonable cause NOT to withhold, the remitter may rely on the remittee’s NM address on Form 1099 Misc, pro forma 1099 or RPD-41285.
c. If there is no NM address on the Form 1099, the remitter may have the remittee sign Form RPD-41354, Declaration of Principal Place of Business or Residence in NM.
d.. Remitees can enter into an agreement with the remitter to pay the tax required with be withhold by the remitter on Form RPD-41353. This form must be completed and on file with the remitter when it filed annual reports. Note that the remitee remits the tax required to be withheld as a quarterly tax payment.
e. Remitters must file annual statements of withholding for each remittee to the Department.
f. Remitters must provide each remitee annual statements of withholding by 2/15 of the year following the year for which the statement is made.

Please find attached the two guidance documents provided to IPANM by the Tax Department. If you have any questions, please call (505) 827-0825 in Santa Fe, or toll free at (866) 809-2335 and select option 4.