Okla. Admin. Code § 165:10-3-10

Current through Vol. 42, No. 4, November 1, 2024

Section 165:10-3-10 - Well completion operations

(a)Hydraulic fracturing and acidizing. In the completion of an oil, gas, injection, disposal, or service well, where acidizing or fracture processes are used, no oil, gas, or deleterious substances shall be permitted to pollute any surface or subsurface fresh water. Unless an operator confers with and obtains the approval of the Conservation Division, the use of diesel fuel as the base fluid for hydraulic fracturing operations is prohibited. Approval of the Conservation Division shall be reflected in writing. Within 5 days of obtaining written authorization, the operator is required to send the authorization by facsimile, electronic mail or regular mail to the following:

(1) The owner of the surface location where the proposed well is to be drilled; and

(2) Each operator of a producing spacing unit or well within 1 mile of the perforated interval of the proposed well.

(b)Notice of hydraulic fracturing operations.

(1) Notice shall be given by facsimile, electronic mail or regular mail at least 5 business days prior to the commencement of hydraulic fracturing operations on a horizontal well to operators of producing wells within 1 mile of the completion interval of the subject well. The notice to be provided to such operators shall contain the information in Form 6000NOO. If the hydraulic fracturing operations schedule changes after notice has been provided, resulting in a delay of operations of more than 5 days from the initial notice, new notice is required to be given.

(2) Notice shall be sent to the Conservation Division electronically using Form 6000NHF as provided on the Commission's website at least 48 hours prior to commencement of hydraulic fracturing operations on a well. The time period for sending such notice to the Conservation Division may be waived by the Manager of the Induced Seismicity Department.

(3) Separate stages of a planned multi-stage hydraulic fracturing operation shall not constitute separate hydraulic fracturing operations for notification purposes.

(4) If an operator has evidence that hydraulic fracturing operations have impacted its well(s), the operator may report the occurrence by electronic mail to the Conservation Division as provided on the Commission's website within 24 hours of discovery. The operator shall use Form 4000WIP to report the occurrence.

(c)Chemical disclosure. Within 60 days after the conclusion of hydraulic fracturing operations on an oil, gas, injection, disposal, or service well that is hydraulically fractured, the operator must submit information on the chemicals used in the hydraulic fracturing operation to the FracFocus Chemical Disclosure Registry.

(1) The submission required by this subsection must include the following information:

(A) the name of the operator;

(B) the API number of the well;

(C) the longitude and latitude of the surface location of the well;

(D) the dates on which the hydraulic fracturing operation began and ended;

(E) the total volume of base fluid used in the hydraulic fracturing operation;

(F) the type of base fluid used;

(G) the trade name, supplier, and general purpose of each chemical additive or other substance intentionally added to the base fluid; and

(H) for each ingredient in any chemical additive or other substance intentionally added to the base fluid, the identity, Chemical Abstract Service (CAS) number, and maximum concentration. The maximum concentration for any ingredient must be presented as the percent by mass in the hydraulic fracturing fluid as a whole, and is not required to be presented as the percent by mass in any particular additive.

(2) For purposes of this subsection, the phrase "chemical additive or other substance intentionally added to the base fluid" refers to a substance knowingly and purposefully added to the base fluid and does not include trace amounts of impurities, incidental products of chemical reactions or processes, or constituents of natural materials.

(3) The operator is not responsible for inaccurate information provided to the operator by a vendor or service provider, but the operator is responsible for ensuring such information is corrected when any inaccuracy is discovered.

(4) If certain chemical information, such as the chemical identity, CAS number, and/or maximum concentration of an ingredient, is claimed in good faith to be entitled to protection as a trade secret under the Uniform Trade Secrets Act, 78 O.S. §§85-94, the submission to the FracFocus Chemical Disclosure Registry may note the proprietary nature of that chemical information instead of disclosing the protected information to the registry. The submission must include the name of the supplier, service company, operator, or other person asserting the claim that the chemical information is entitled to protection as a trade secret and provide the chemical family name or similar descriptor for the chemical if the chemical identity and CAS number are not disclosed. The Commission or the Director of the Oil and Gas Conservation Division may require the claimant to file with the Commission a written explanation in support of the claim.

(5) Nothing in this subsection restricts the Commission's ability to obtain chemical information under the provisions of OAC 165:10-1-6 or other applicable Commission rules.

(6) This subsection applies to:

(A) horizontal wells that are hydraulically fractured on or after January 1, 2013; and

(B) other wells that are hydraulically fractured on or after January 1, 2014.

(d)Rule reference guide. References to Commission rules regarding management of hydraulic fracturing operations are as follows:

(1) Duties and authority of the Conservation Division (OAC 165:10-1-6).

(2) Required approval of notice of intent to drill, deepen, re-enter or recomplete; Permit to Drill (OAC 165:10-3-1).

(3) Surface and production casing (OAC 165:10-3-3).

(4) Casing, cementing, wellhead equipment and cementing reports (OAC 165:10-3-4).

(5) Swabbing and bailing (OAC 165:10-3-11).

(6) Leakage prevention in tanks; protection of migratory birds (OAC 165:10-3-13).

(7) Well site and surface facilities (OAC 165:10-3-17).

(8) Completion reports (OAC 165:10-3-25).

(9) Administration and enforcement of rules (OAC 165:10-7-2).

(10) Cooperation with other agencies (OAC 165:10-7-3).

(11) Water quality standards (OAC 165:10-7-4).

(12) Prohibition of pollution (OAC 165:10-7-5).

(13) Protection of public water supplies (OAC 165:10-7-6).

(14) Informal complaints, red tags and shut down of operations (OAC 165:10-7-7).

(15) Use of noncommercial pits (OAC 165:10-7-16).

(16) Surface discharge of fluids (OAC 165:10-7-17).

(17) Discharge to surface waters (OAC 165:10-7-18).

(18) One-time land application of water-based fluids from earthen pits and tanks (OAC 165:10-7-19).

(19) Noncommercial disposal or enhanced recovery well pits used for temporary storage of saltwater (OAC 165:10-7-20).

(20) Waste management practices reference chart (OAC 165:10-7-24).

(21) One-time land application of contaminated soils and petroleum hydrocarbon based drill cuttings (OAC 165:10-7-26).

(22) Application of fresh water drill cuttings by County Commissioners (OAC 165:10-7-28).

(23) Application of freshwater drill cuttings by oil and gas operators (OAC 165:10-7-29).

(24) Application to reclaim and/or recycle produced water for surface activities related to drilling, completion, workover, and production operations from oil and gas wells (OAC 165:10-7-32).

(25) Use of commercial pits (OAC 165:10-9-1).

(26) Commercial soil farming (OAC 165:10-9-2).

(27) Commercial recycling facilities (OAC 165:10-9-4).

(28) Duty to plug and abandon (OAC 165:10-11-3).

(29) Notification and witnessing of plugging (OAC 165:10-11-4).

(30) Plugging and plugging back procedures (OAC 165:10-11-6).

(31) Plugging record (OAC 165:10-11-7).

(32) Review of environmental permit applications (OAC 165:5-1-15 through OAC 165:5-1-19)

(33) Response to citizen environmental complaints (OAC 165:5-1-25 through OAC 165:5-1-30).

(34) Contempt (OAC 165:5-19-1 through OAC 165:5-19-2).

Okla. Admin. Code § 165:10-3-10

Amended at 27 Ok Reg 2128, eff 7-11-10; Amended at 29 Ok Reg 950, eff 7-1-12

Amended by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 8/27/2015.

Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018

Amended by Oklahoma Register, Volume 36, Issue 21, July 15, 2019, eff. 8/1/2019

Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 10/1/2020

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 10/1/2022