A state water quality commissioner Monday announced she would abstain from voting during a controversial rulemaking proceeding regarding fracking wastewater regulations after public anger over her ties to the oil and gas industry.
Water Quality Control Commissioner Krista McWilliams said she intended to continue deliberating with the commission over the coming days but would abstain from the final vote in the case, which is expected to come at the end of the hearing.
The rule change, proposed by the state Environment Department in December 2023, would amend state administrative code to include provisions for allowing the reuse of “treated produced water” — a drilling byproduct — for what are called “demonstration projects” and “industrial applications.”
McWilliams is an executive at Farmington-based drilling company Logos Energy. She spoke at the beginning of a state Water Quality Control Commission hearing in the case Monday, calling the allegations of conflict of interest against her “baseless” and saying she intended to continue participating in the hearing as a commissioner.
“However, I do not want to stand in the way of due process,” McWilliams said. “In order to allow science to have its day in court, I will abstain from the final vote while providing my fellow commissioners my perspective for their consideration.”
Several environmental groups and activists have argued McWilliams stands to financially benefit from the rulemaking.
McWilliams said Monday her company uses recycled produced water “exclusively within our oil and gas operations and have no need to use produced water outside the industry.”
The abstention did not satisfy Mariel Nanasi, executive director of environmental group New Energy Economy, who led an effort for McWilliams to be disqualified from the proceeding.
“We believe that if she deliberates with the [Water Quality Control Commission] body, she taints the ultimate decision whether she votes or not,” Nanasi said.
Environment Department officials have stressed the proposed rule would not allow for produced water to be discharged but have drawn criticism over vague verbiage surrounding the reuse of wastewater and a lack of treatment standards.
A hearing on the proposed rule began in May, with testimony from several interested parties, including Sierra Club, WildEarth Guardians and the Center for Biological Diversity as well as the New Mexico Oil and Gas Association. The commission reconvened Monday, and the hearing is expected to continue for several days, followed by a vote on the rule change.
Expert witnesses from New Energy Economy gave testimony Monday and faced cross-examination by attorneys representing state Environment Department staff as well as the New Mexico Oil and Gas Association. The oil and gas trade group is expected to call several expert witnesses to support the proposed rule change.
A few members of the public addressed the commission Monday, asking members to reject the proposed rule. Opportunities for public comment will be available each day during the hearing, officials said.
The hearing was scheduled to continue through Aug. 14, although it could conclude sooner.
