Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Except as provided in subdivision (c), within 60 days after the cessation of a well stimulation treatment, the operator shall publicly disclose all of the following information:
(1) Operator's name;
(2) API number assigned to the well by the Division;
(3) Lease name and number of the well;
(4) Location of the well, submitted as a six-digit decimal degrees, non-projected, Latitude and Longitude, in the Geographic Coordinate System (GCS) NAD83.
(5) County in which the well is located;
(6) Date that the well stimulation treatment occurred;
(7) The measured and true vertical depth of the well;
(8) Formation name and vertical depth of the top and bottom of the productive horizon where well stimulation treatment occurred;
(9) The trade name, supplier, concentration, and a brief description of the intended purpose of each additive contained in the well stimulation fluids used;
(10) The total volume of base fluid used during the well stimulation treatment;
(11) Identification of whether the base fluid is water suitable for irrigation or domestic purposes, water not suitable for irrigation or domestic purposes, or a fluid other than water;
(12) The source, volume, and specific composition and disposition of all water associated with the well stimulation treatment, including all of the following:
(A) The source of the water used as a base fluid for the well stimulation treatment, including any of the following:
(i) The well or wells, if commingled, from which the water was produced or extracted;
(ii) The water supplier, if purchased from a supplier;
(iii) The point of diversion of surface water;
(B) Composition of water used as base fluid, including all of the following: total dissolved solids; metals listed in California Code of Regulations, title 22, section 66261.24, subdivision (a)(2)(A); benzene, toluene, ethyl benzene, and xylenes; major and minor cations (including sodium, potassium, magnesium, and calcium); major and minor anions (including nitrate, chloride, sulfate, alkalinity, and bromide); and trace elements (including lithium, strontium, and boron);
(C) Specific disposition of water recovered from the well following the well stimulation treatment, including method and location of disposal and, if the recovered water is injected into an injection well, identification of the operator, field, and project number of the injection project;
(D) Composition of water recovered from the well following the well stimulation treatment, sampled after a calculated wellbore volume has been produced back but before three calculated wellbore volumes have been produced back, and then sampled a second time after 30 days of production after the first sample is taken, with both samples taken prior to being placed in a storage tank or being aggregated with fluid from other wells;
(E) Composition of water recovered from the well following the well stimulation treatment shall be determined by testing the samples taken under paragraph (D) for all of the following: appropriate indicator compound(s) for the well stimulation treatment fluid; total dissolved solids; metals listed in California Code of Regulations, title 22, section 66261.24, subdivision (a)(2)(A); benzene, toluene, ethyl benzene, and xylenes; major and minor cations (including sodium, potassium, magnesium, and calcium); major and minor anions (including nitrate, chloride, sulfate, alkalinity, and bromide); and trace elements (including lithium, strontium, and boron); radium-226, gross alpha-beta, radon 222, fluoride, iron (redox), manganese (redox), H2S (redox), nitrate+nitrite (redox), strontium, thallium, mercury, and methane;
(F) All testing results shall have a cover page briefly describing when and where sampling was done and the results of the testing;
(G) Sampling and testing conducted under subdivision (a)(12) is separate from and in addition to any sampling or testing that may be required to make hazardous waste determinations under the requirements of the Department of Toxic Substances Control;
(13) Identification of any reuse of treated or untreated water for well stimulation treatments and well stimulation treatment-related activities;
(14) The specific composition and disposition of all well stimulation treatment fluids, including waste fluids, other than water;
(15) Any radiological components or tracers injected into the well as part of the well stimulation treatment, a description of the recovery method, if any, for those components or tracers, the recovery rate, and specific disposal information for recovered components or tracers;
(16) The radioactivity of the recovered well stimulation fluids, and a brief description of the equipment and method used to determine the radioactivity;
(17) For each stage of the well stimulation treatment, the measured and true vertical depth of the location of the portion of the well subject to the well stimulation treatment and the extent of the fracturing or other modification, if any, surrounding the well induced by the treatment;
(18) The estimated volume of well stimulation treatment fluid that has been recovered; and
(19) A complete list of the names, Chemical Abstract Service numbers, and maximum concentration, in percent by mass, of each and every chemical constituent of the well stimulation treatment fluids used. If a Chemical Abstract Service number does not exist for a chemical constituent, the operator may provide another unique identifier, if available.
(b) For hydraulic fracturing well stimulation treatments, the operator shall post the information listed in subdivision (a) to the Chemical Disclosure Registry, to the extent that the website is able to receive the information. For all well stimulation treatments, the operator shall provide all of the information listed in subdivision (a) directly to the Division on the Well Stimulation Treatment Disclosure Reporting Form. The Well Stimulation Treatment Disclosure Reporting Form is available on the Division's public internet website at ftp://ftp.consrv.ca.gov/pub/oil/forms/Oil%26Gas/OG110S.XLSX. The Well Stimulation Treatment Disclosure Reporting Form shall be submitted to the Division in an electronic format, directed to the email address "DisclosureWST@conservation.ca.gov". The Division will organize the information provided on Well Stimulation Treatment Disclosure Forms in a format, such as a spreadsheet, that allows the public to easily search and aggregate, to the extent practicable, each type of information disclosed.
(c) Except for the information specified in subdivision (a)(1) through (6), operators are not required to publicly disclose information found in a well record that the Division has determined is not public record, pursuant to Public Resources Code section 3234. If information listed in subdivision (a) is not publicly disclosed on this basis, then the operator shall inform the Division in writing, and provide the Division the information that is not being publicly disclosed. The Division will provide the information that is not publicly disclosed to other state agencies as needed for regulatory purposes and in accordance with a written agreement with the other state agency regarding sharing of confidential information. It is the operator's responsibility to publicly disclose the withheld information in the manner described in subdivision (b) as soon as the information becomes public record under Public Resources Code section 3234.
(d) A claim of trade secret protection for the information required to be disclosed under this section shall be handled in the manner specified under Public Resources Code section 3160, subdivision (j).
(e) Groundwater quality data reported under this section shall also be submitted to the Regional Water Board in an electronic format that follows the guidelines detailed in California Code of Regulations, title 23, chapter 30.
(f) If for any reason information specified in subdivision (a) cannot be collected within 60 days after the cessation of a well stimulation treatment, then the information shall still be publicly disclosed as soon as possible in the manner described in subdivision (b).
1. New section filed 12-30-2014; operative 7-1-2015 pursuant to Public Resources Code section 3161(a), as amended by SB 4, Stats. 2014, c. 313 (Register 2015, No. 1). For prior history, see Register 2014, No. 26.
2. Editorial correction of section heading and HISTORY 1 (Register 2017, No. 24).
Note: Authority cited: Sections 3013 and 3160, Public Resources Code. Reference: Sections 3106, 3160 and 3234, Public Resources Code.
