Ala. Admin. Code r. 400-1-9-.04

Current through Register Vol. 43, No. 1, October 31, 2024

Section 400-1-9-.04 - Hydraulic Fracturing

(1) Each formation shall be hydraulically fractured so as not to cause irreparable damage to the oil and gas well, or to adversely impact any fresh water supply well or any fresh water resources.

(2) A proposal to fracture a formation shall be accompanied by a check or bank draft in the amount of two-hundred fifty dollars ($250) payable to the State Treasurer, State of Alabama, which sum is fixed as the fee for each proposal; however, in no case shall the fee paid for concurrent hydraulic fracturing operations in a single well exceed seven-hundred fifty dollars ($750) regardless how many formations are hydraulically fractured. Where the proposal to hydraulically fracture is associated with a horizontal well, then the fee shall be two-hundred fifty dollars ($250) for each segment or stage of the horizontal well in which a hydraulic fracturing operation is conducted; however, in no case shall the amount be over seven-hundred fifty dollars ($750) in connection with concurrent hydraulic fracturing operations in a single well. The fee shall be deposited into the Alabama State Oil and Gas Board Special Fund pursuant to Section 9-17-24 of the Code of Ala. 1975.

(3) A formation shall not be hydraulically fractured until approval of the Supervisor is obtained. In order to receive approval from the Supervisor, a proposal to fracture shall include the following:

(a) a wellbore schematic showing the specifications of the casing and cementing program, including pressure tests and the depth interval(s) and name(s) of formation(s) to be fractured;

(b) geophysical and cement bond logs;

(c) a program describing the proposed fracturing operation. Information to be considered shall include, but not be limited to, the maximum length and orientation of the fracture(s) to be propagated and the type fluids and materials that are to be utilized. Programs to hydraulically fracture shall be prepared by a person, or entity, familiar with the technicalities of fracturing formations in the area in which fracturing operations are proposed. The program filed with the Board shall identify the person, or entity, that has prepared the fracturing program and be accompanied by a letter from the operator stating its intended application. Recurrent filing of a fracturing program will not be necessary if such program has previously been submitted to the Supervisor and is directly applicable to the fracturing proposal under consideration. Modification(s) to a fracturing program that would alter the maximum length and orientation of the fracture(s) to be propagated, or the type fluids and material to be utilized, shall be submitted to the Supervisor prior to its implementation in the field;

(d) an inventory prepared by the operator identifying all fresh water supply wells within a one quarter- (1/4-) mile radius of the well to be fractured. Records of fresh water supply wells shall be used by the operator in delineating the construction and completion depths of such supply wells. The records of the Geological Survey of Alabama (GSA) shall be the primary source of information used in this evaluation process. Additionally, the operator shall conduct a field reconnaissance within a one quarter- (1/4-) mile radius of the subject well to determine the location of any additional fresh water supply wells that may not be identified in the previously described documents. If possible, construction information for such additional fresh water supply wells must be obtained. Consideration shall be given to the records of all fresh water supply wells available and the operator shall report the results of his findings to the Supervisor. Fracturing operations shall not be conducted if it is determined that any fresh water resources or any fresh water supply well located within a one quarter- (1/4-) mile radius of the subject well could be adversely impacted as a result of the fracturing operation; and

(e) a statement by the operator affirming to the Supervisor, in writing, that the well construction and pressure tests results, and geophysical and cement bond logs, have been evaluated and that the results of this evaluation indicate that the proposed hydraulic fracturing operations can be conducted without adverse impact on any fresh water supply wells or any fresh water resources.

In reviewing a proposal for hydraulic fracturing, the Supervisor shall consider:

1. whether the proposed hydraulic fracturing operation ensures that the formation to be fractured lies beneath an impervious stratum;

2. whether the fracture fluid to be utilized will remain in the formation to be fractured; and

3. whether the casing is effectively cemented in place.

(4) Diesel oil or fuel is prohibited in any fluid mixture used in the hydraulic fracturing of a formation.

(5) The Supervisor may request the submittal of additional information in order to clarify a proposal to hydraulically fracture a formation.

(6) The operator shall maintain all records associated with each proposal approved by the Supervisor and implemented by the operator to hydraulically fracture formations until such time that the subject well has been plugged for permanent abandonment, but not less than three (3) years following completion of the fracturing operation. Upon request, copies of these records shall be made available to the Supervisor.

(7) In order to provide adequate disclosure of well stimulation fluids utilized in a hydraulic fracturing operation,

(a) The operator shall provide to the Board:

1. a description of the fracture fluid identified by additive, e.g., acid, proppant, surfactant, and

2. the name of the chemical compound and the Chemical Abstracts Service Registry number, if such registry number exists, as published by the Chemical Abstracts Service, a division of the American Chemical Society, for each constituent added to the base fluid.

3. The operator is not required to disclose information that is deemed to be a trade secret. However, information deemed to be a trade secret shall be disclosed as necessary for proper medical diagnosis and treatment or for spill response.

(b) Within thirty (30) days after the fracturing of a well, the operator shall post the information to the Frac Focus website.

Ala. Admin. Code r. 400-1-9-.04

New Rule: Filed August 5, 2013; effective September 9, 2013.

Previous Chapter 400-1-9 (Rule 400-1-9-.01 ) Repealed and New Chapter (Rules 400-1-9-.01 through 400-1-9-.03 ) adopted in lieu thereof: Filed April 11, 2000.

Author: S. Marvin Rogers

Statutory Authority:Code of Ala. 1975, §§ 9-17-1 et seq.