Current through Register Vol. XLI, No. 50, December 13, 2024
Section 35-8-10 - Well Records10.1. Well Records Made During Permitted Work - The well operator or its contractor (service provider, drilling contractor or other contractor, as appropriate) shall keep at the well location a copy of the application as permitted, including the associated plat and plans required by section 5 of this rule. The well operator or its contractor (service provider, drilling contractor or other contractor, as appropriate) shall also make and preserve at the well location accurate records of all well work performed pursuant to the permit, including documentation by the contractor or person performing the cementing services of the time of completion of cementing and the volume of cement used for the cementing of all casing operations. The records shall be complete enough to support, as applicable, the entries of well work done and related data on Form WR-35, "Well Operator's Report of Well Work," Form WR-36, "Well Operator's Report of Initial Gas-Oil Ratio Test, and Form WR-38, "Affidavit of Plugging and Filling Well," but these forms shall reflect information discovered or changes made after the permitted well work has been finished and before the reports are filed. The records made and preserved at the well location and the recordings made on Form WR-35 shall include, but not be limited to, indications of caverns, open mines or other voids, whether the freshwater casing cement circulated to the surface, and the efforts made to fill the annular space and the results. Unless the records of well work performed are prepared by the well operator or owner, a copy of all the records shall be delivered to the well owner or operator, except for those records the contractor (service provider, drilling contractor or other contractor, as appropriate) designates as a confidential trade secret. 10.1.a. As part of the well completion report (Form WR-35), the operator or its service provider shall list all the additives used in the hydraulic fracturing or stimulation process, including each additive's specific trade name, supplier, and purpose. The operator or its service provider shall also list each chemical intentionally added to a base fluid for the purpose of preparing a fracturing fluid, along with each chemical's CAS registry number if applicable, its maximum concentration in the additive, and its maximum concentration as added to the base fluid, and the volume of the base fluid used. The concentrations shall be expressed as a mass percent. The operator or service provider may designate the information regarding the specific identity or concentration or both of a chemical as a confidential trade secret not to be disclosed to the agency or anyone else except in the event of an investigation by the office, medical emergency, or for diagnostic or treatment purposes involving the designated chemical, pursuant to subdivisions 10.1.d. and 10.1.e. below.10.1.b. The operator or service provider shall fulfill the additive reporting requirement of subdivision 10.1.a above by submitting the information to the Office and the FracFocus Chemical Disclosure Registry.10.1.c. As part of the well completion report (Form WR-35), the operator shall report the volumes of fluids pumped and treatment pressures recorded throughout the hydraulic fracturing process.10.1.d. In the event of an investigation by the office involving a chemical designated as a confidential trade secret, the operator or service provider shall provide the specific identity of the chemical, the concentration of the chemical, or both the specific identity and concentration of the chemical, as needed, to the agency upon receipt of notification from the chief or his or her designee stating that such information is necessary in connection with an investigation by the office. Upon receipt of such notification of need, such information shall be disclosed by the operator or service provider, as applicable, directly to the chief or his or her designee and shall in no way be construed as publicly available. The chief or designee may disclose information regarding the specific identity of a chemical, the concentration of a chemical, or both the specific identity and concentration of a chemical claimed to be a confidential trade secret to additional agency staff members to the extent that such disclosure is necessary to allow the agency staff member receiving the information to assist in such an investigation by the office, provided that such individuals shall not disseminate the information further and such information shall at all times be considered confidential and shall not be construed as publicly available. Upon request by the operator or service provider, and where a notification of need is provided orally, the chief shall execute a written statement of need indicating that the information was necessary in connection with an investigation by the office.10.1.e. The operator or service provider shall provide the specific identity of a chemical designated as a confidential trade secret, the concentration of the chemical designated as a confidential trade secret, or both the specific identity and concentration of the chemical designated as a confidential trade secret, as needed, upon request to a health care professional in a medical emergency, or for diagnostic or treatment purposes. The health care professional shall only use the information provided by the operator or service provider for diagnosis or treatment of an individual, and the operator or service provider may provide notice to the health care professional at the time of release of the information, that the information provided is solely for diagnosis or treatment of the individual, that the information may be a trade secret, and disclosure to others for any other purpose may subject that health care professional to a legal action by the operator or service provider for violating its trade secret.10.2. Filing of Well Records and Related Forms. 10.2.a. Within ninety (90) days after completing the permitted well work, the operator shall file with the Office two (2) copies of Form WR-35 containing in proper form the geological information required by W. Va. Code § 22-6A-5(a)(14) and the exact location of the as-drilled wellbore; Form WR-36 (except that, where the well has not been connected within ninety (90) days to pipelines or production tanks, Form WR-36 shall be filed no more than fifteen (15) days after connection); and Form WR-38. The forms need not repeat well record information for any work (whether permitted or not) performed prior to and not part of the permitted work to which the forms apply. The forms shall correct or add to the well log and other records made and preserved at the well location by specifying the casing, treatment or physical changes performed after completion of the permitted work, and the additional information or corrected information discovered by electric logs or other means after completion of the permitted work. The information submitted in accordance with this subdivision designated as a confidential trade secret shall not lose its status as such after the one year confidentiality period or the extension period addressed in paragraph 10.2.b.3 below.10.2.b. Confidential Information; Filing of Well Logs: 10.2.b.1. Within ninety (90) days after the completion of drilling or recompletion of a well, the well operator shall, at the request of the Chief, file a copy of the well log and the electrical, radioactive or other similar conventional log if those logs have been performed. In addition, as soon as practicable, the well operator shall, upon request of the Chief, file a copy of drill stem test charts, formation water analyses, porosity, permeability or fluid saturation measurements, core analyses, and lithological logs or sample descriptions as compiled. Provided, that no such additional information shall be required unless the well operator has compiled such information in the ordinary course of business. No interpretation of the data is required to be filed.10.2.b.2. Any reports and other information or materials that reveal trade secrets or other confidential business information relating to the competitive interests of the operator or the operator's privy may be marked "Confidential" by the operator or the operator's privy and shall not be disclosed to the public for one year following their delivery to the Chief or to the State Geological and Economic Survey, unless the well operator gives the Chief or the State Geological and Economic Survey written permission to release the information at an earlier date.10.2.b.3. For good cause shown by the operator, the period of confidentiality for well logs may be extended in annual increments, but the total period of confidentiality shall not exceed three (3) years.10.3. Restriction of New Application - Except for good cause shown, no application required by W. Va. Code § 22-6A-7 may be filed for any subsequent well work on a well in which previous well work has commenced but for which the forms required by section 10.2 of this rule have not been completed and filed with the Chief.