FOR IMMEDIATE RELEASE
Contact:
Melissa Troutman, Climate & Health Advocate, (505) 216-6864
Rebecca Sobel, Campaign Manager, (267) 402-0724
New Mexico Strengthens Oversight of Toxic Oil and Gas Waste
WQCC decision marks a critical victory for public health and environmental protection
Santa Fe, NM — In a major shift from its previous position, the New Mexico Water Quality Control Commission (WQCC) this week voted to adopt a new rule requiring permits for all oil and gas “produced water” reuse pilot projects—and explicitly clarified that waste byproducts from treatment are not automatically exempt from hazardous waste regulations.
This decision marks a critical victory for public health and environmental protections, following legal and technical filings by WildEarth Guardians, including a motion to clarify hazardous waste classification and a joint motion with New Energy Economy and Indigenous frontline advocates. The Commission’s final rule corrects dangerous loopholes that previously allowed the oil and gas industry to sidestep accountability for newly generated, chemically complex waste streams.
“The Commission did the right thing by siding with science and the law,” said Melissa Troutman, Climate and Health Advocate at WildEarth Guardians. “Hazardous waste must be regulated as hazardous waste—no matter what industry tries to call it.”
“Produced water” is the toxic, high-volume byproduct of oil and gas drilling and fracking. For every barrel of oil extracted, the industry generates 4 to 7 barrels of waste—often laced with carcinogenic and radioactive elements, heavy metals, benzene, PFAS, trade secret chemicals, and volatile organic compounds. According to Oil Conservation Division data in 2024 alone, operators in New Mexico generated over 106 billion gallons of produced water—up from approximately 67 billion gallons in 2021. That’s enough toxic waste to fill more than 160,000 Olympic-sized swimming pools—a 60% increase in just three years.
Despite its toxicity, oil and gas waste is exempt from key federal hazardous waste laws like Superfund and the Resource Conservation and Recovery Act (RCRA)—exemptions determined by political interests, not supported by science. Now, facing increasing public scrutiny and dwindling disposal options, industry is aggressively promoting “reuse” as a solution—pushing to repurpose this waste for use on crops, roads, and even aquifer recharge.
“This is not innovation—it’s an escape hatch,” said Rebecca Sobel, Campaign Manager at WildEarth Guardians. “Industry is trying to offload its waste and liability onto New Mexicans, our waters, and our lands. This ruling stops that scheme—at least for now.”
The new rule comes after Guardians submitted both technical testimony and legal motions warning that new waste streams generated during reuse projects must not be treated as exempt simply because they originated from the oilfield. Once waste is used for purposes unrelated to industry extraction, it is no longer exempt from hazardous waste law and must be tested, characterized, and managed accordingly.
The Commission’s ruling now requires permit applicants to disclose what these new waste streams are and how they will be handled—a major step toward transparency and accountability.
“This decision sends a clear message,” said Troutman. “If it walks like hazardous waste and tests like hazardous waste, it must be regulated like hazardous waste.”
This rule change arrives just weeks after WildEarth Guardians released its Q1 2025 Oil & Gas Waste Watch report, which revealed:
- 307 spills in New Mexico from January–March 2025
- 963,934 gallons of produced water spilled
- 209,370 gallons unrecovered—enough to fill over 130 tanker trucks
- 1 spill every 7 hours on average
“Industry is generating far more toxic waste than oil or gas—and it’s spilling, leaking, and seeping into our communities every day,” said Sobel. “The WQCC’s action is a critical first step, but it must not be the last.”
WildEarth Guardians will closely monitor the new permit process to ensure that all waste streams are properly identified, managed, and regulated in accordance with the law. With the state now acknowledging that oil and gas waste can be hazardous, Guardians is calling for the full repeal of New Mexico’s hazardous waste exemption for oil and gas, a moratorium on all produced water reuse projects until enforceable protections are in place, and the application of hazardous waste laws to all oilfield byproducts—no exceptions.
“This is a crucial win—but it’s just the beginning,” said Troutman. “We cannot allow industry to rename its waste and walk away from responsibility. New Mexico must regulate this toxic waste for what it is—not what industry wants it to be.”
Related Documents:
Guardians’ Legal Motion to Clarify (April 2025)
Joint Motion with New Energy Economy and Indigenous Frontline Advocates (April 2025)
