40 CFR Appendix A to Subpart BB of Part 147, State Requirements Incorporated by Reference in Subpart BB of Part 147 of the Code of Federal Regulations

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Appendix A to Subpart BB of Part 147 - State Requirements Incorporated by Reference in Subpart BB of Part 147 of the Code of Federal Regulations

The following is an informational listing of state requirements incorporated by reference in Subpart BB of part 147 of the Code of Federal Regulations:

Subpart BB - Montana

(a) The statutory provisions include:

(1) Montana Code annotated, 1995, Title 2, Chapter 15:

Section 2-15-121. Allocation for administrative purposes only.
Section 2-15-124. Quasi-judicial boards.
Section 2-15-3303. Board of oil and gas conservation-composition - allocation - quasi-judicial.

(2) Montana Code annotated, 1995, Title 82, Chapter 10:

Section 82-10-101. Action for accounting for royalty.
Section 82-10-102. Remedy not exclusive.
Section 82-10-103. Obligation to pay royalties as essence of contract-interest.
Section 82-10-104. Payment of royalties-form of record required.
Section 82-10-105 through 82-10-109 reserved.
Section 82-10-110. Division order-definition-effect.
Section 82-10-201. Authorization for lease and terms-land not subject to leasing.
Section 82-10-202. Acreage pooling.
Section 82-10-203. Interference with normal use of land prohibited.
Section 82-10-204. Lease of acquired oil and gas interests.
Section 82-10-301. Definitions.
Section 82-10-302. Policy.
Section 82-10-303. Use of eminent domain to acquire underground reservoirs.
Section 82-10-304. Certificate of board required prior to use of eminent domain.
Section 82-10-305. Proceedings.
Section 82-10-401. Notice required before abandonment of well-owner's option.
Section 82-10-402. Inventory of abandoned wells and seismic operations-reclamation procedures.
Section 82-10-501. Purpose-legislative findings.
Section 82-10-502. Definitions.
Section 82-10-503. Notice of drilling operations.
Section 82-10-504. Surface damage and disruption payments-penalty for late payment.
Section 82-10-505. Liability for damages to property.
Section 82-10-506. Notification of injury.
Section 82-10-0507. Agreement - offer of settlement.
Section 82-10-508. Rejection - legal action.
Section 82-10-509 and 82-10-510. Reserved.
Section 82-10-511. Remedies cumulative.

(3) Montana Code annotated, 1995, Title 82, Chapter 11:

Section 82-11-101. Definitions.
Section 82-11-102. Oil or gas wells not public utilities.
Section 82-11-103. Lands subject to law.
Section 82-11-104. Construction-no conflict with board of land commissioners' authority.
Section 82-11-105 through 82-11-110 reserved.
Section 82-11-111. Powers and duties of board.
Section 82-11-112. Intergovernmental cooperation.
Section 82-11-113. Role of board in implementation of national gas policy.
Section 82-11-114. Appointment of examiners.
Section 82-11-115. Procedure to make determinations.
Section 82-11-116. Public access.
Section 82-11-117. Confidentiality of records.
Section 82-11-118. Fees for processing applications.
Section 82-11-119 through 82-11-120 reserved.
Section 82-11-121. Oil and gas waste prohibited.
Section 82-11-122. Notice of intention to drill or conduct seismic operations-notice to surface owner.
Section 82-11-123. Requirements for oil and gas operations.
Section 82-11-124. Requirement relating to waste prevention.
Section 82-11-125. Availability of cores or chips, cuttings, and bottom-hole temperatures to board.
Section 82-11-126. Availability of facilities to bureau of mines.
Section 82-11-127. Prohibited activity.
Section 82-11-128 through 82-11-130 reserved.
Section 82-11-131. Privilege and license tax.
Section 82-11-132. Statements to treasurer and payment of tax.
Section 82-11-133. Penalty for late payment.
Section 82-11-134. Permit fees.
Section 82-11-135. Money earmarked for board expenses.
Section 82-11-136. Expenditure of funds from bonds for plugging wells.
Section 82-11-137. Class II injection well operating fee.
Section 82-11-138 through 82-11-140 reserved.
Section 82-11-141. Administrative procedure.
Section 82-11-142. Subpoena power-civil actions.
Section 82-11-143. Rehearing.
Section 82-11-144. Court review.
Section 82-11-145. Injunction or restraining order.
Section 82-11-146. Appeal.
Section 82-11-147. Violations.
Section 82-11-148. Criminal penalties.
Section 82-11-149. Civil penalties.
Section 82-11-150. Legal assistance.
Section 82-11-151. Emergencies-notice and hearing.
Section 82-11-152 through 82-11-160 reserved.
Section 82-11-161. Oil and gas production damage mitigation account-statutory appropriation.
Section 82-11-162. Release of producing oil or gas well from drilling bond-fee.
Section 82-11-163. Landowner's bond on noncommercial well.
Section 82-11-164. Lien created.
Section 82-11-165 through 82-11-170 reserved.
Section 82-11-171. Terminated.
Section 82-11-201. Establishment of well spacing units.
Section 82-11-202. Pooling of interest within spacing unit.
Section 82-11-203. Pooling agreements not in violation of antitrust laws.
Section 82-11-204. Hearing on operation of pool as unit.
Section 82-11-205. Board order for unit operation-criteria.
Section 82-11-206. Terms and conditions of plan for unit operations.
Section 82-11-207. Approval of plan for unit operations by persons paying costs.
Section 82-11-208. Board orders-amendment.
Section 82-11-209. Units established by previous order.
Section 82-11-210. Unit operations-less than whole of pool.
Section 82-11-211. Operations considered as done by all owners in unit.
Section 82-11-212. Property rights and operator's lien.
Section 82-11-213. Contract not terminated by board order.
Section 82-11-214. Title to oil and gas rights not affected by board order.
Section 82-11-215. Unit operation not restraint of trade.
Section 82-11-216. No creation of relationship between parties in unit.
Section 82-11-301. Authorization to join interstate compact for conservation of oil and gas.
Section 82-11-302. Interstate oil and gas compact.
Section 82-11-303. Extension of expiration date.
Section 82-11-304. Governor as member of Interstate Oil Compact Commission.
Section 82-11-305. Limitation on power of representative.
Section 82-11-306. Expenses of representative.

(b) The regulatory provisions include: Administrative Rules of Montana Board of Oil and Gas Conservation, Chapter 22, revised March 1996:

Rule 36.22.101. Organizational Rule.
Rule 36.22.201. Procedural Rules.
Rule 36.22.202. Environmental Policy Act Procedural Rules.
Rule 36.22.301. Effective Scope of Rules.
Rule 36.22.302. Definitions.
Rule 36.22.303. Classification of Wildcat or Exploratory Wells.
Rule 36 22.304. Inspection of Record, Properties, and Wells.
Rule 36.22.305. Naming of Pools.
Rule 36.22.306. Organization of Reports.
Rule 36.22.307. Adoption of Forms.
Rule 36.22.308. Seal of Board.
Rule 36.22.309. Referral of Administrative Decisions.
Rule 36.22.401. Office and Duties of Petroleum Engineer.
Rule 36.22.402. Office and Duties of Administrator.
Rule 36.22.403. Office and Duties of Geologist.
Rule 36.22.501. Shot Location Limitations.
Rule 36.22.502. Plugging and Abandonment.
Rule 36.22.503. Notification.
Rule 36.22.504. Identification.
Rule 36.22.601. Notice of Intention and Permit to Drill.
Rule 36.22.602. Notice of Intention to Drill and Application for Permit to Drill.
Rule 36.22.603. Permit Fees.
Rule 36.22.604. Permit Issuance - Expiration - Extension.
Rule 36.22.605. Transfer of Permits.
Rule 36.22.606. Notice and Eligibility Statement for Drilling or Recompletion in Unit Operations.
Rule 36.22.607. Drilling Permits Pending Special Field Rules.
Rule 36.22.701. Spacing Units - General.
Rule 36.22.702. Spacing of Wells.
Rule 36.22.703. Horizontal Wells.
Rule 36.22.1001. Rotary Drilling Procedure.
Rule 36.22.1002. Cable Drilling Procedure.
Rule 36.22.1003. Vertical Drilling Required Deviation.
Rule 36.22.1004. Dual Completion of Wells.
Rule 36.22.1005. Drilling Waste Disposal and Surface Restoration.
Rules 36.22.1006 through 36.22.1010. Reserved.
Rule 36.22.1011. Well Completion and Recompletion Reports.
Rule 36.22.1012. Samples of Cores and Cuttings.
Rule 36.22.1013. Filing of Completion Reports, Well Logs, Analyses, Reports, and Surveys.
Rule 36.22.1014. Blowout Prevention and Well Control Equipment.
Rule 36.22.1101. Fire Hazard Prevention.
Rule 36.22.1102. Fire Walls Required.
Rule 36.22.1103. Notification and Report of Emergencies and Undesirable Incidents.
Rule 36.22.1104. Control and Cleanup.
Rule 36.22.1105. Solid Waste.
Rule 36.22.1201. Surface Equipment.
Rule 36.22.1202. Identification.
Rule 36.22.1203. Chokes Required.
Rule 36.22.1204. Separators Required.
Rule 36.22.1205. Vacuum Pumps Prohibited.
Rule 36.22.1206. Tubing Required.
Rule 36.22.1207. Earthen Pits and Open Vessels.
Rule 36.22.1208. Producing from Different Pools Through the Same Casing.
Rules 36.22.1209 through 36.22.1212. Reserved.
Rule 36.22.1213. Reservoir or Pool Surveys.
Rule 36.22.1214. Subsurface Pressure Tests.
Rule 36.22.1215. Stabilized Production Test.
Rule 36.22.1216. Gas Oil Ratio Tests.
Rule 36.22.1217. Water Production Report.
Rule 36.22.1218. Gas to be Metered.
Rule 36.22.1219. Gas Waste Prohibited.
Rule 36.22.1220. Associated Gas Flaring Limitation - Application to exceed - Board Review and Action.
Rule 36.22.1221. Burning of Waste Gas Required.
Rule 36.22.1222. Hydrogen Sulfide Gas.
Rule 36.22.1223. Fencing, Screening, and Netting of Pits.
Rules 36.22.1224 and 36.22.1425. Reserved.
Rule 36.22.1226. Disposal of Water.
Rule 36.22.1227. Earthen Pits and Ponds.
Rule 36.22.1228. Disposal by Injection.
Rule 36.22.1229. Water Injection and Gas Repressuring.
Rule 36.22.1230. Application Contents and Requirements.
Rule 36.22.1231. Notice of Application Objections.
Rule 36.22.1232. Board Authorization.
Rule 36.22.1233. Notice of Commencement or Discontinuance - Plugging of Abandoned Wells.
Rule 36.22.1234. Record Required.
Rules 36.22.1235 through 36.22.1239. Reserved.
Rule 36.22.1240. Report of Well Status Change.
Rule 36.22.1241. Service Company Reports.
Rule 36.22.1242. Reports by Producers.
Rule 36.22.1243. Reports from Transporters, Refiners, and Gasoline or Extraction Plants.
Rule 36.22.1244. Producer's Certificate of Compliance.
Rule 36.22.1245. Illegal Production.
Rule 36.22.1301. Notice and Approval of Intention to Abandon Report.
Rule 36.22.1302. Notice of Abandonment.
Rule 36.22.1303. Well Plugging Requirement.
Rule 36.22.1304. Plugging Methods and Procedure.
Rule 36.22.1305. Exception for Fresh Water Wells.
Rule 36.22.1306. Approval for Pulling Casing and Reentering Wells.
Rule 36.22.1307. Restoration of Surface.
Rule 36.22.1308. Plugging and Restoration Bond.
Rule 36.22.1309. Subsequent Report of Abandonment.
Rule 36.22.1401. Definitions.
Rule 36.22.1402. Underground Injection.
Rule 36.22.1403. Application Contents and Requirements Rules.
Rule 36.22.1404 and 36.22.1405. Reserved.
Rule 36.22.1406. Corrective Action.
Rule 36.22.1407. Signing the Application.
Rule 36.22.1408. Financial Responsibility.
Rule 36.22.1409. Hearings.
Rule 36.22.1410. Notice of Application.
Rule 36.22.1411. Board Authorization.
Rules 36.22.1412 and 36.22.1413. Reserved.
Rule 36.22.1414. Notice of Commencement or Discontinuance - Plugging of Abandoned Wells.
Rule 36.22.1415. Records Required.
Rule 36.22.1416. Mechanical Integrity.
Rule 36.22.1417. Notification of Tests - Reporting Results.
Rule 36.22.1418. Exempt Aquifers.
Rule 36.22.1419. Tubingless Completions.
Rules 36.22.1420 and 36.22.1421. Reserved.
Rule 36.22.1422. Permit Conditions.
Rule 36.22.1423. Injection Fee - Well Classification.
Rule 36.22.1601. Who May Apply for Determination.
Rule 36.22.1602. Application Requirements and Contents.
Rule 36.22.1603. Documents and Technical Data Supporting Application.
Rule 36.22.1604. Docket Number.
Rule 36.22.1605. List of Applications - Public Access.
Rule 36.22.1606. Objections to Applications.
Rule 36.22.1607. Deadlines for Action Determinations.
Rule 36.22.1608. Deficient Applications.
Rule 36.22.1609. Board Action on Applications.
Rule 36.22.1610. Special Findings and Determinations New Onshore Production Wells Under Section 103.
Rule 36.22.1611. Special Findings and Determinations Stripper Well Production.
[ 61 FR 58934, Nov. 19, 1996]