Nev. Admin. Code § 522.722 - Baseline sampling and monitoring; exceptions

1. Except as otherwise provided in subsections 2 and 4, an operator shall collect an initial baseline sample and subsequent monitoring samples from each available water source, not to exceed four available water sources, located within the sampling area. If more than four available water sources are located within the sampling area, the operator shall select the four available water sources for sampling based on:

(a) The proximity of the available water sources to the proposed oil or gas well. Available water sources closest to the proposed oil or gas well are preferred.

(b) The orientation of the sampling locations relative to the available water sources. To the extent that the direction of the flow of groundwater is known or can reasonably be inferred, sample locations from both down-gradient and up-gradient locations are preferred over crossgradient locations.

(c) The depth of the available water sources. The sampling of the deepest of the available water sources is preferred.

(d) The condition of the available water sources. An operator is not required to sample an available water source if the Administrator determines that the available water source is improperly maintained or nonoperational, or has physical characteristics which would prevent the safe collection of a representative sample or which would require nonstandard sampling equipment.

(e) The construction and use of the water source. If an operator constructs a temporary well within the sampling area to use as a water source for the purpose of supporting the drilling or operation of an oil or gas well, the operator must include the water source as an available water source for the purpose of sampling and monitoring pursuant to this section.

2. An operator may, before a well is spudded or drilled for oil or gas, request an exception from the requirements of this section by filing a sundry notice (Form 4) with the Administrator. The Administrator may grant the request for an exception if the Administrator finds that:

(a) No available water sources are located within the sampling area;

(b) The only available water sources are unsuitable pursuant to paragraph (d) of subsection 1; or

(c) Each owner of a water source that is suitable for testing and located within the sampling area has refused to grant the operator access to the water source for sampling and additionally finds that the operator has made a reasonable and good faith effort to obtain the consent of the owner to conduct the sampling.

An operator seeking an exception on the grounds set forth in paragraph (b) shall provide to the Administrator documentation of the conditions of each available water source which is deemed unsuitable. An operator seeking an exception on the grounds set forth in paragraph (c) shall provide to the Administrator documentation of the efforts of the operator to obtain the consent of each owner of a water source.

3. Except as otherwise provided in subsections 2 and 4, an operator shall collect from each available water source for which the operator is required to collect samples pursuant to this section:

(a) An initial sample during the 12-month period immediately preceding the commencement of hydraulic fracturing at an oil or gas well.

(b) A first subsequent sample, collected not earlier than 6 months but not later than 12 months after the commencement of hydraulic fracturing. If a well that has been drilled produces hydrocarbons for a period of less than 6 months after the commencement of hydraulic fracturing and the well is subsequently plugged and abandoned, or if the well is plugged and abandoned without having produced hydrocarbons after the commencement of hydraulic fracturing, the operator shall collect each first subsequent sample at the time the well is plugged.

(c) A second subsequent sample, collected not earlier than 60 months but not later than 72 months after the commencement of hydraulic fracturing. If a well that has been drilled produces hydrocarbons for a period of less than 60 months and the well is subsequently plugged and abandoned, the operator shall collect each second subsequent sample at the time the well is plugged. An operator is not required to collect second subsequent samples if a well that is drilled is plugged and abandoned without having produced hydrocarbons.

4. For the purposes of satisfying the requirements for sampling available water sources pursuant to paragraphs (a) and (b) of subsection 3, an operator may rely on the test results of a previous sample from an available water source if:

(a) The previous sample was collected and tested during the respective period prescribed for sampling pursuant to paragraph (a) or (b) of subsection 3.

(b) The procedure for collecting and testing the sample, and the constituents for which the sample was tested, are substantially similar to those required by this section.

(c) The Administrator receives the test results not less than 14 days before the commencement of hydraulic fracturing.

5. The Administrator may require an operator to collect and test samples of an available water source in addition to the collection and testing protocol prescribed by this section if the Administrator finds that additional testing is warranted.

6. The testing of a water sample pursuant to this section must be conducted by a laboratory certified pursuant to NAC 445A.0552 to 445A.067, inclusive. Upon request, an operator shall provide his or her protocol for collection and testing to the Administrator.

7. The test results of initial and subsequent samples collected pursuant to this section must include, without limitation:

(a) The level of each analyzed constituent identified in the routine domestic water analysis of the Nevada State Public Health Laboratory of the University of Nevada School of Medicine.

(b) The levels of benzene, toluene, ethylbenzene and xylene.

(c) The levels of dissolved methane, ethane, propane and hydrogen sulfide gases within the sample.

8. If a dissolved methane concentration greater than 10 milligrams per liter (mg/l) is detected in a sample of water collected pursuant to this section, an analysis of the gas composition, including, without limitation, an analysis of the stable isotope ratios of carbon (13C vs. 12C) and hydrogen (2H vs. 1H) and an analysis of the origin (biogenic vs. thermogenic), must be performed on the sample using gas chromatography and mass spectrometry, as necessary.

9. An operator shall immediately notify the Administrator and the owner of an available water source if the test results of a sample collected pursuant to this section indicate:

(a) The presence of benzene, toluene, ethylbenzene, xylene or hydrogen sulfide in a concentration greater than the specified maximum contaminant level set forth in the primary and secondary standards for drinking water pursuant to NAC 445A.453 and 445A.455.

(b) If the sample is a subsequent sample, any change in water chemistry indicative of a degradation in water quality.

10. An operator shall provide copies of the test results of each sample collected pursuant to this section to the Administrator and to the respective owner of the available water source not later than 30 days after the operator receives the test results from a laboratory. The Division will, upon request, make the test results available to a member of the public for inspection at the office of the Division located in Carson City.

11. An operator shall include with the copy of the test results of a sample provided pursuant to subsection 10 a description of the location of the available water source and any field observations recorded by the operator during the collection of the sample. The operator shall describe the location of the available water source by public land survey and the county assessor's parcel number and shall include the global positioning system coordinates of the available water source in the manner prescribed by subparagraph (2) of paragraph (b) of subsection 2 of NAC 534.340.

12. An operator shall not commence hydraulic fracturing at a well until the operator has complied with subsections 1, 2 and 4 to 11, inclusive, and paragraph (a) of subsection 3.

13. As used in this section, "public land survey" has the meaning ascribed to it in NAC 534.185.

Notes

Nev. Admin. Code § 522.722

Added to NAC by Comm'n on Mineral Resources by R011-14, eff. 10/24/2014

NRS 522.040, 522.119