DOGGR Finalizes Permanent Regulations for Well Stimulation

On December 30, 2014, the Office of Administrative Law (OAL) approved and filed the final proposed regulations on well stimulation treatments with the Office of the Secretary of State. Documents associated with the rulemaking process, including the final text of the regulations, OAL's approval letter, and the Final Statement of Reasons, can be found here.

"Well stimulation' practices are defined by Senate Bill 4 (Pavley, Ch 313, Stats of 2013) and include hydraulic fracturing (commonly known as "fracking") and other treatments that increase the flow of oil and natural gas to wells and then to the surface for recovery. The regulations, which are to go into effect on July 1, 2015, are designed to protect health, safety, and the environment, and supplement existing strong well construction standards. They address a comprehensive list of issues, including testing, monitoring, public notice, and permitting.

The final regulations were developed over a twelve-month period and are the result of consideration of extensive public input and consultation with other state regulatory agencies. The Department of Conservation made the proposed regulations and revisions thereto available for public comment from November 15, 2013 until January 14, 2014; from June 13, 2014 until July 28, 2014; and from October 9, 2014 until October 24, 2014. During those public comment periods the Department conducted a total of ten public comment hearings around the state. In addition, as required under Public Resources Code section 3160, subdivision (b), the Division of Oil, Gas, and Geothermal Resources developed these regulations in consultation with various other state regulatory agencies.

More background information about the regulations can be found here.

This Regulatory Alert was prepared by InterAct, an Acteon company, to advise our clients of impending deadlines and applicable regulatory requirements. No official agency policy is implied. 

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