La. Admin. Code tit. 43 § XIX-118

Current through Register Vol. 50, No. 9, September 20, 2024

Section XIX-118 - Hydraulic Fracture Stimulation Operations

A. The provisions of this Section shall apply to all new wells for which an initial drilling permit is issued on or after the effective date of this Section that are stimulated by the application of fluids, which contain proppant such as sand or man-made inert material, with force and/or pressure in order to create artificial fractures in the formation for the purpose of improving the capacity to produce hydrocarbons. The provisions of this Section shall not apply to operations conducted solely for the purposes of sand control or reduction of near wellbore damage.

B. An application for hydraulic fracture stimulation shall be made to the district office on Form DM-4R in accordance with the provisions of LAC 43:XIX.105 and a proper work permit shall be received from the district manager prior to beginning operations.

1. No later than 30 days following completion of the hydraulic fracture stimulation operation, the operator shall, for purposes of disclosure, report the following information on or with the well history and work resume report (Form WH) in accordance with the requirements of LAC 43:XIX.105:

a. the types and volumes of the Hydraulic Fracturing Fluid (base fluid) used during the Hydraulic Fracture Stimulation Operation expressed in gallons; and

b. a list of all additives used during the Hydraulic Fracture Stimulation Operation, such as acid, biocide, breaker, corrosion inhibitor, crosslinker, demulsifier, friction reducer, gel, iron control, oxygen scavenger, pH adjusting agent, scale inhibitor, proppant and surfactant; and

c. for each additive type, listed under Subparagraph b above, the specific trade name and suppliers of all the additives utilized during the Hydraulic Fracture Stimulation Operation; and

d. a list of chemical ingredients contained in the hydraulic fracturing fluid that are subject to the requirements of 29 CFR Section 1910.1200 (g)(2) and their associated CAS numbers;

e. the maximum ingredient concentration within the additive expressed as a percent by mass for each chemical ingredient listed under Subparagraph d;

f. the maximum concentration of each chemical ingredient listed under Subparagraph d, expressed as a percent by mass of the total volume of hydraulic fracturing fluid used.

a. Notwithstanding Subparagraph d, if the specific identity of a chemical ingredient and the chemical ingredient's associated CAS number are claimed to be trade secret, or have been finally determined to be entitled to protection as a trade secret under the criteria cited in 42 USC 11042(a)(2), and specifically enumerated at 42 USC 11042(b), the entity entitled to make such a claim may withhold the specific identity of the chemical ingredient and the chemical ingredients associated CAS number from the list required by Subparagraph d. If the entity entitled to make such a claim elects to withhold that information, the report must:

i. disclose the chemical family associated with the ingredient; and

ii. include a statement that a claim of trade secret protection has been made by the entity entitled to make such a claim.

iii. the contact information of the entity claiming trade secret protection.

b. An operator will not be responsible for reporting information that is not provided to them due to a claim of trade secret protection by the entity entitled to make such a claim.

3. Nothing in Paragraph 2 above shall authorize any person to withhold information which is required by state or federal law to be provided to a health care professional, a doctor, or a nurse.

4. The operator may furnish a statement signifying that the required information has been submitted to the Ground Water Protection Council Hydraulic Fracturing Chemical Registry or any other similar registry, provided all information is accessible to the public free of charge, to satisfy some or all of the information requirements of this Subsection.

5. Any information provided to the department pursuant to the provisions of this Section shall be subject to examination and reproduction as provided by the Public Records Law, R.S. 44:1 et seq., or any other applicable law.

La. Admin. Code tit. 43, § XIX-118

Promulgated by the Department of Natural Resources, Office of Conservation, LR 37:3064 (October 2011), amended LR 37:3064, LR 39:1824 (July 2013), Amended LR 412379 (11/1/2015), Amended LR 412379 (11/1/2015).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:4 et seq.