Section 522.728 - Duties of operator1. An operator of an oil or gas well shall: (a) Not less than 14 days before the commencement of hydraulic fracturing: (1) Provide written notice to each owner of real property and any operator of an oil, gas or geothermal well located within the area of review of the hydraulic fracturing operation.(2) Provide written notice to the board of county commissioners in the county in which the oil or gas well is located.(3) Submit to the Division an affidavit (Form 15) certifying that each strata is sealed and isolated with casing and cement in accordance with NAC 522.260. The affidavit must be signed by the operator or a competent person designated by the operator and must incorporate and include a copy of each relevant cement evaluation log as evidence of compliance with NAC 522.260. (4) Submit for approval by the Division a sundry notice (Form 4) and a report describing all specific aspects of the proposed hydraulic fracturing operation. The report must identify each stage of the hydraulic fracturing operation, the measured depth and true vertical depth below the surface of the ground for each stage, the duration of each stage, all intervals to be perforated in measured depth and true vertical depth below the surface of the ground, the number and diameter of perforations per foot and the estimated hydraulic pressures to be utilized.(b) Maintain a record as to the manner in which each owner, operator and board of county commissioners was notified pursuant to subparagraphs (1) and (2) of paragraph (a), including, without limitation, the method of notification.(c) Before the commencement of hydraulic fracturing: (1) Ensure that each chemical used in the hydraulic fracturing process is identified on the Internet website maintained by the Division as a chemical which is approved by the Division for hydraulic fracturing. An operator may request and the Division may approve the use of a chemical that is not identified as an approved chemical if the operator submits the request to the Division on a sundry notice (Form 4) not less than 30 days before the commencement of hydraulic fracturing.(2) Disclose to the Division each additive that the operator intends to use in the hydraulic fracturing fluid, including, without limitation, any additive that may be protected as a trade secret. The operator shall include with the identity of each additive the trade name and vendor of the additive and a brief description of the intended use or function of the additive.2. The operator shall monitor and record all well head pressures, including each annular space pressure, during the hydraulic fracturing operation. The maximum hydraulic pressure to which a segment of casing is exposed must not exceed the burst-pressure rating of the casing, but the Division may require a lower maximum hydraulic pressure as the Division determines is necessary. The operator shall immediately stop the hydraulic fracturing process and notify the Division if any change in annular space pressure is observed which suggests communication with the hydraulic fracturing fluids. The operator shall provide the Division with a report documenting all recorded hydraulic fracturing pressures for each stage of the hydraulic fracturing operation not later than 15 days after the completion of each stage.3. The operator shall contain all liquids that are returned to the surface and discharged from the wellbore at the conclusion of each stage of the hydraulic fracturing operation. The operator shall contain the liquids in enclosed tanks or in the manner prescribed by the Division of Environmental Protection pursuant to chapters 445A of NRS and 445A of NAC.4. Except as otherwise provided in subsection 5 and not later than 60 days after the completion of a hydraulic fracturing operation, the operator shall report, at a minimum, to the Internet website www.fracfocus.org for inclusion in FracFocus, or its successor registry: (a) The name of the operator, the well name and well number and the American Petroleum Institute well number.(b) The date of the hydraulic fracturing treatment, the county in which the well is located, any public land surveys relevant to the location of the well and the global positioning system coordinates of the well.(c) The true vertical depth of the well and the total volume of water used in the hydraulic fracturing treatment of the well or if the operator utilizes a base fluid other than water, the type and total volume of the base fluid used in the hydraulic fracturing treatment.(d) The identity of each additive used in the hydraulic fracturing fluid, including, without limitation, the trade name and vendor of the additive and a brief description of the intended use or function of the additive.(e) The identity of each chemical intentionally added to the base fluid.(f) The maximum concentration, measured in percent by mass, of each chemical intentionally added to the base fluid.(g) The Chemical Abstracts Service Registry Number for each chemical intentionally added to the base fluid, if applicable.5. Proprietary information with respect to a trade secret does not constitute public information and is confidential. An operator may submit a request to the Division to protect from disclosure any information which, under generally accepted business practices, would be considered a trade secret or other confidential proprietary information of the business. The Administrator shall, after consulting with the operator, determine whether to protect the information from disclosure. If the Administrator determines to protect the information from disclosure, the protected information: (a) Is confidential proprietary information of the operator. (b) Is not a public record.(c) Must be redacted by the Administrator from any report that is disclosed to the public.(d) May only be disclosed or transmitted by the Division: (1) To any officer, employee or authorized representative of this State or the United States: (I) For the purposes of carrying out any duties pursuant to the provisions of this chapter or chapter 522 of NRS; or(II) If the information is relevant in any judicial proceeding or adversary administrative proceeding under this chapter or chapter 522 of NRS or under the provisions of any federal law relating to oil or gas wells or hydraulic fracturing, and the information is admissible under the rules of evidence; or(2) Upon receiving the consent of the operator. The disclosure of any proprietary information pursuant to this subsection must be made in a manner which preserves the status of the information as a trade secret.
6. The Division shall make available to the public for inspection any information, other than a trade secret or other proprietary information that is maintained confidentially pursuant to subsection 5, that is submitted by an operator pursuant to this section.7. As used in this section, "trade secret" has the meaning ascribed to it in NRS 600A.030.Nev. Admin. Code § 522.728
Added to NAC by Comm'n on Mineral Resources by R011-14, eff. 10/24/2014