Memorandum of Understanding between the State of New Mexico and EPA on the Governance of Produced Water in New Mexico

In July 2018, EPA and the State of New Mexico entered into a Memorandum of Understanding (MOU) to clarify the existing regulatory and permitting frameworks related to the way produced water from oil and gas extraction activities can be reused, recycled, and renewed for other purposes. 

• Memorandum of Understanding; EPA and State of New Mexico; Produced Water from Oil and Gas Extraction Activities (pdf) (1.41 MB, July 16, 2018)

Draft White Paper: Oil and Natural Gas Produced Water Governance in the State of New Mexico

As described in the MOU, EPA and New Mexico have developed a draft white paper on the governance of produced water in New Mexico. This draft white paper, Oil and Natural Gas Produced Water Governance in the State of New Mexico, was available for review and public input for 30 days, through the close of business, Monday, December 10, 2018. Stakeholders and interested members of the public provided input to the EPA and the State of New Mexico by emailing renewablewater@state.nm.us.

• Oil and Natural Gas Produced Water Governance in the State of New Mexico—Draft White Paper (pdf) (3.31 MB, November 9, 2018)
• Public Input on the 2018 Draft White Paper on Oil and Natural Gas Produced Water Governance in the State of New Mexico (pdf) (5.04 MB)

Questions and Answers about the Draft White Paper

What will the EPA and the State of New Mexico do with the public input received?

EPA and the State of New Mexico will consider input received prior to the deadline before finalizing the white paper, likely later in 2018.

Will the written input received on the draft white paper be available to the public?

Yes, EPA and the State of New Mexico are committed to transparency and plan to post on their respective websites a file containing the input. Certain information, like Personally Identifying Information (PII), may be redacted pursuant to EPA and State of New Mexico disclosure laws and policies.

Will EPA and the State of New Mexico develop a written response to public input received?

No, EPA and the State of New Mexico do not anticipate creating a written response to public input on the draft white paper. Of course, any future regulatory actions the agency may take would go through the formal notice and comment process. 

What are tips for providing effective public input?

• Be concise. Explain your individual views as clearly as possible. Provide specific examples to illustrate your assertions when appropriate.
• Suggest alternative and substitute language for your requested changes to the draft white paper.
• Base your input on sound reasoning or technical, legal or scientific evidence.
• Describe any assumptions and provide technical information and/or data that you used. 
• Make sure to submit your input by the deadline. Late submissions will not be considered.
• Please refrain from submitting any input that cannot be released to the public, for example confidential business iInformation (CBI). Please contact the EPA or the State of New Mexico if you believe the submission of CBI is pertinent to your submission.

Who can I speak to about the draft white paper?

• EPA contacts:
  • For media inquiries, please contact press@epa.gov.
• State of New Mexico contacts:

  • For content inquiries, please contact Matthias Sayer, Deputy Secretary, New Mexico Energy, Minerals and Natural Resources Department, (505) 476-3200.

  • For media inquiries, please contact Beth Wojahn, Communications Director, New Mexico Energy, Minerals and Natural Resources Department, (505) 476-3200.​​​