County adopts resolution opting out of certified chemical‑disclosure mailings from oil producers

The commission adopted Resolution R‑25‑89 instructing county staff to notify the state Oil Conservation Division that Eddy County will opt out of receiving certified‑mail notifications from oil and gas operators about chemical use notifications. County counsel and staff explained the county lacks regulatory authority over oil‑and‑gas permitting — that authority rests with the New Mexico Oil Conservation Commission and related state rules — and said the certified‑mail requirement could create high administrative burdens for county staff.

County staff told commissioners that chemical‑disclosure information remains publicly accessible through the state disclosure registry and FracFocus and that the certified‑mail notices are duplicative. As staff explained, the New Mexico Administrative Code requires operators to make disclosures; the county's resolution instead declines the local receipt of additional certified notifications. A county commissioner who moved the resolution argued the certified letters would create operational burdens and be subject to public‑records requests.

The commission voted in favor of the resolution; county staff will notify the Oil Conservation Division of the county’s opt‑out decision. Commissioners noted the state land office opposed the new certified‑mail requirement during legislative debate and that the county hopes coordinated opt‑outs from other local governments could prompt future reconsideration of the rule at the state level.

Why it matters: opting out reduces county clerical workload for certified‑mail notices while preserving public access to disclosures via state registries; the decision clarifies the county’s administrative stance but does not change state disclosure obligations for operators.