Current through Register Vol. XLI, No. 24, June 14, 2024
1.1 Scope - In qualifying gas production as "natural gas produced from Devonian shale" under Section 107(c) (4) of the Natural Gas Policy Act, the Division of Oil and Gas is required by 18 CFR 272.103(e) to determine that at least 95 percent of the "gross Devonian age stratigraphic interval encountered by a well bore" has a gamma ray index of 0.7 or greater. This has given rise to the question of how the term "gross Devonian age stratigraphic interval encountered by a well bore should be defined under the geological conditions prevailing in West Virginia, and what additional requirements must be met before the Division will make a determination that natural gas production qualifies under this section of the statute. This rule is intended as an exercise of the authority delegated to the Division of Oil and Gas pursuant to Section 503 of the Natural Gas Policy Act to make such determinations.1.2 Authority and Related Citations -- Sections 107 and 503 of 92 Statutes at Large 3352 et. seq., Natural Gas Policy Act of 1978, W. Va. Code §§ 29A-1-2(c), 22-1 and 22B-1.