What exactly is in fracking fluid? Legislation seeks to prohibit PFAS in oil and gas extraction

An abandoned pumpjack is seen in a field in Kirtland. Hannah Grover / NM Political Report

Bill also requires increased disclosure of chemicals

By Hannah Grover
​NM Political Report

​HB 222 would ban PFAS and require increased disclosure of chemicals used in fracking or other downhole oil and gas operations.

The House Energy, Environment and Natural Resources Committee discussed HB 222 on Saturday, but ultimately chose not to vote on it to allow the sponsors to make changes to strengthen the legislation.

Oil and gas companies disclose some of their chemicals on the website FracFocus, but they are able to avoid making some of the formula public by claiming it is a trade secret.
New Mexico would not be the first state to ban PFAS in oil and gas operations. Colorado passed legislation in 2022 banning PFAS in oil and gas operations.

“This is a really important…foundational bill for where we’re at in the development of oil and gas and the development of considering use of produced water,” Sen. Jeff Steinborn, D-Las Cruces, said. Steinborn is among the bill sponsors, along with Reps. Andrea Romero, D-Santa Fe, and G. Andrés Romero, D-Albuquerque.

Produced water is a byproduct of oil and gas production and Gov. Michelle Lujan Grisham last year proposed using treated produced water in industrial processes.

Steinborn said the bill provides the public with important information.

“We have a right to know fundamentally what chemicals are being put into the earth. We have a right to protect ourselves as well,” Steinborn said.

The state’s Oil Conservation Commission is currently going through a rulemaking process that could result in similar prohibitions and requirements. In the HB 222 fiscal impact report, the Energy, Minerals and Natural Resources Department warned the bill could impact the ongoing rulemaking.

Ashley Wagner, vice president of government affairs for the New Mexico Oil and Gas Association, cited the rulemaking while expressing opposition to HB 222.

“Enacting this bill bypasses a very democratic process that included a great deal of public participation on both sides of the aisle, which should not be ignored by the Legislature,” she said.

Andrea Romero said the rulemaking process does not create a law.

“What we’re trying to do here is ensure this is in statute,” she said.

Steinborn said the state has had rules overturned when administrations change. He gave the example of a rule enacted under Gov. Bill Richardson regarding the storage and disposal of waste — often referred to as the pit rule — that was then relaxed by Gov. Susana Martinez’s administration.
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Some of the advocates pushing for HB 222 are also behind the current OCC rulemaking.
WildEarth Guardians petitioned for the OCC rulemaking. The group is also pushing for HB 222 and has petitioned Gov. Michelle Lujan Grisham to ban PFAS in oil and gas operations through an executive order. Tim Davis, a staff attorney at WildEarth Guardians, served as an expert witness during the House Energy, Environment and Natural Resources Committee discussion.

Rep. Mark Murphy, R-Roswell, argued that PFAS use is not widespread in New Mexico’s oil and gas operations and the documented PFAS water contamination in New Mexico is primarily linked to operations at Air Force bases. Murphy is president of Strata Production Company, which is an oil and gas exploration and production company based out of Roswell.
“I think that this is a solution in search of a problem,” Murphy said.