1. Definitions
For the purposes of this Rule, the following definitions
shall apply:
a. "Board" means the
Mississippi State Oil and Gas Board.
b. "Additive" means any substance or
combination of substances, including proppants, having a specified purpose
which is intentionally combined with the Base Fluid as hereinafter
defined.
c. "Base Fluid" means the
continuous phase fluid, such as water, which is used in a particular Hydraulic
Fracturing Treatment.
d. "Chemical
Abstract Service" or "CAS" means the chemical registry which is the
authoritative collection of disclosed chemical substance information.
e. "Chemical Constituent" means a discrete
chemical with its own specific name or identity (such as, but not necessarily,
a CAS number) which is contained in an Additive.
f. "Chemical Family" means a group of
elements in the Periodic Table or, more commonly, compounds which share certain
physical and chemical characteristics and which have a common name.
g. "Hydraulic Fracturing Fluid" means the
Base Fluid and Additives utilized in a particular Hydraulic Fracturing
Treatment.
h. "Hydraulic Fracturing
Treatment" means stimulating a well by the application of Hydraulic Fracturing
Fluids with force in order to create artificial fractures in the formation for
the purpose of improving the capacity of the well to produce
hydrocarbons.
i. "Supervisor" means
the State Oil and Gas Supervisor of the Mississippi State Oil and Gas
Board.
2. The provisions
of this Rule shall apply to oil and gas wells which are proposed to undergo a
temporary or intermittent hydraulic fracturing procedure to improve the
productive capacity of such oil and gas wells utilizing Hydraulic Fracturing
Treatment as hereinabove defined.
3. Before an operator shall commence the
hydraulic fracturing of any oil and gas well, including the application of
Hydraulic Fracturing Treatment as here in above defined, such operator shall
file with the Mississippi State Oil and Gas Board a duly executed FORM
2 indicating in the narrative portion of such FORM 2 the nature of the
hydraulic fracturing procedure proposed to be conducted. No such hydraulic
fracturing procedure shall commence prior to the approval of such permit
application. Operator shall provide the Mississippi State Oil and Gas Board
Field Inspector with not less than forty-eight (48) hours notice in advance of
the commencement of any Hydraulic Fracturing Treatment.
4. Operators applying for a permit to
commence Hydraulic Fracturing Treatment of any oil or gas well shall state
clearly such intent on the FORM 2 submitted to the Mississippi State Oil and
Gas Board in accordance with Paragraph 5 below.
5. The permit application described in the
preceding paragraphs shall, at a minimum, include:
(A.) The following information on the existing or proposed
casing program, demonstrating that the well will have steel alloy casing
designed to withstand the anticipated maximum injection pressures to which the
casing will be subjected in the well:
(1) Whether the well is or will be a vertical
well, a directional well or a horizontal well; and
(2) The estimated true vertical and measured
production casing setting depths in the well; and
(3) The casing grade and minimum internal
yield pressure for the existing or proposed production casing used in the well;
and
(4) The surface casing shall be
set at least 100.0 feet below the Base
(B.) The following information demonstrating that the well
has or will have sufficient cement volume and integrity to prevent the movement
of Base Fluids and Additives up-hole into the various casing or well bore
annuli:
(1) The existing or proposed
cement minimum compressive strength; and
(2) The known or estimated top of cement for
the production casing string.
(C.) The anticipated surface treating pressure range for the
proposed Hydraulic Fracturing Treatment. The production casing described in
subparagraph 5.(A.) above shall be sufficient to contain the maximum
anticipated treating pressure of the proposed Hydraulic Fracturing Treatment
which shall not exceed the API minimum internal yield pressure for such
production casing.
6. Within thirty (30) days following the
completion of the Hydraulic Fracturing Treatment, the operator shall, for the
purpose of disclosure, report the following information to the Supervisor
regarding such procedure utilizing a duly executed
7.
FORM 3 ("Completion Report"):
(A.) The maximum pump pressure measured at the surface during
each stage of the Hydraulic Fracturing Treatment unless reasonable grounds for
confidentiality exist in which event a request for confidentiality maybe
submitted to the Supervisor who shall be authorized to waive the disclosure of
such data for a period of six (6) months and for an additional six (6) months
upon written request to the Supervisor at the Supervisors sole discretion;
and
(B.) The types and volumes of the Base Fluids and Additives
used for each stage of the Hydraulic Fracturing Treatment expressed in gallons
or pounds; and
(C.) The calculated fracture height as designed to be
achieved during the Hydraulic Fracturing Treatment and the estimated TVD to the
top of the fracture; and
(D.) A list of all Additives used during the Hydraulic
Fracturing Treatment specified by general type, such as acids, biocides,
breakers, corrosion inhibitors, cross-linkers, demulsifiers, friction reducers,
gels, iron controls, oxygen scavengers, pH adjusting agents, scale inhibitors,
proppants and surfactants; and
(E.) For each additive type listed under subparagraph 6.(D.)
above, the specific trade name and suppliers of all the Additives utilized
during the Hydraulic Fracturing Treatment; and
(F.) If the operator causes any Additives to be used during
the Hydraulic
Fracturing Treatment not otherwise disclosed by the person
performing such treatment, the operator shall disclose a list of all Chemical
Constituents and associated CAS numbers contained in such Additives that are
subject to the requirements of
29 CFR
1910.1200(g)(2); and
(G.) A list of Chemical Constituents intentionally added to
the Base Fluids which are subject to the requirements of 29 CFR Section
1910.1200(g)(2) and their associated CAS numbers; and
(H.) The maximum ingredient concentrations within the
Additive expressed as a percent by mass for each chemical ingredient listed
under subparagraph 6.(G.) above; and
(I.) The maximum concentration of each chemical ingredient
listed under subparagraph 6.(G.) above expressed as a percent by mass of the
total volume of Hydraulic Fracturing Fluids utilized.
8. Notwithstanding subparagraph 6.(G.) above,
if the specific identity of a Chemical Constituent and the Chemical
Constituents associated CAS number are claimed to be a trade secret, or have
been finally determined to be entitled to protection as a trade secret under 29
CFR Section
1910.1200(i), the entity entitled to make such a claim may withhold
the specific identity of the Chemical Constituent and the Chemical Constituents
associated CAS number from the list required to be reported by subparagraph
6.(G.) above. If the entity entitled to make such a claim elects to withhold
the information, the report must:
(A.) Disclose the Chemical Family associated with the
ingredient; and
(B.) Include a statement that a claim of trade secret
protection has been made by the entity entitled to make such a claim.
9. An operator will not be
responsible for reporting information that is not provided to them due to a
claim of trade secret protection by the entity entitled to make such a
claim.
10. Nothing contained in
Paragraph 7 above shall authorize any person to withhold information which is
required by state or federal law to be provided to a health care professional,
a doctor or a nurse for the purpose of diagnosis or treatment of a medical
condition and it is further stated that any health care professional, a doctor
or a nurse receiving such information is required to maintain it as
confidential.
11. In lieu of
submitting to the Supervisor on the FORM 3 (Completion Report) the information
regarding the Hydraulic Fracturing Treatment prescribed in Paragraph 6 of this
Rule, the operator of an oil and gas well may furnish to the Supervisor a FORM
3 containing a statement signifying that the required information has been
submitted to the Ground Water Protection Council Hydraulic Fracturing Chemical
Registry
(http://fracfocus.org) or
any other similar registry, in accordance with their requirements. In any
event, the operator shall submit to the Supervisor on a FORM 3 a list of the
chemicals used in the Hydraulic Fracturing Treatment.
Authority: MCA Section
53-1-17(3)
(1972)
Approved: January 16, 2013
Effective Date: March 4, 2013
