Rules and Statutes Index

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001 COMMISSION shall mean the Oil and Gas Conservation Commission of the State of Nebraska.

002 DIRECTOR shall mean Director of the Oil and Gas Conservation Commission of the State of Nebraska.

003 AUTHORIZED DEPUTY or AGENT shall mean a representative of the Nebraska Oil and Gas Conservation Commission authorized by the Director.

004 BARREL shall mean 42 (US) gallons at 60° F., at atmospheric pressure.

005 CUBIC FOOT of gas for reporting purposes shall be the volume of gas contained in one cubic foot of space at a standard pressure of 14.73 psia and at a standard temperature of 60° F.

006 DAY shall mean a period of twenty-four (24) consecutive hours.

007 LOG or WELL LOG shall mean a systematic detailed record of formations encountered in the drilling of a well.

008 ACT shall mean the Oil and Gas Conservation Act of the State of Nebraska.

009 OIL WELL shall mean a well, the principal production of which at the wellhead is oil as defined by the Act.

010 GAS WELL shall mean a well, the principal production of which at the wellhead is gas as defined by the Act and is not an oil well as defined above.

011 WELL, unless otherwise defined in these Rules and Regulations, shall refer only to an oil or gas well, or enhanced recovery injection or disposal injection well, or
to a hole drilled for the purpose of producing oil or gas, or injecting fluids for enhanced recovery purposes or injecting wastes associated with oil and gas production, including salt water. It shall not include seismic, core or other
exploratory holes drilled for the purpose of obtaining geological information.

012 DESIGNATED AGENT, when used herein, shall mean the designated representative of any oil or gas lessee, owner or operator.

013 The words FIELD, POOL, PERSON, OWNER, PRODUCER, OIL, GAS, WASTE, CORRELATIVE RIGHTS as defined by the Act apply in these Rules and Regulations.

014 SPECIAL FIELD RULES shall mean those rules promulgated for and limited in their application to individual pools or fields entirely or partially within the State of Nebraska.

015 COMPLETION or RE-COMPLETION. An oil well shall be considered completed when the first oil, exclusive of a quantity equal to any crude or refined oil injected into casing or formation as
a part of the completion operations, is produced through wellhead equipment from the producing interval after casing has been run. A gas well shall be considered completed when the well is capable of producing gas through wellhead equipment
from the producing zone after casing has been run. A dry hole or nonproductive well shall be considered completed when all provisions of plugging are complied with as set out in these rules.

016 INITIAL PURCHASER shall mean the purchaser having title to the oil or gas when it is first transported from the lease.

017 COMMINGLING IN THE WELL BORE shall mean the production of more than one pool concurrently through a common well bore without segregation within the well bore of the pools exposed to production.

018 MULTIPLE COMPLETION shall mean the completion of any one well in such a manner that each of two or more pools may be produced concurrently and independently through the same well bore
and without commingling in the well bore of fluids produced from the various segregated pools.

019 FRESH WATER means a source of water used for drinking water purposes, or water contained in an aquifer which contains less than ten thousand (10,000) parts per million total
dissolved solids, unless the aquifer is exempted by the Director.

020 An INACTIVE WELL is classified as SHUT-IN when the completion interval is open to the tubing or to the casing. An inactive well is classified as TEMPORARILY ABANDONED when the
completion interval is isolated.

021 DEQ shall mean the Department of Environmental Quality of the State of Nebraska.

022 EXEMPT E&P WASTE shall mean those exploration and production wastes exempted from hazardous waste regulation under the Resource Conservation and Recovery Act (RCRA).

023 SURFACE WATERS shall mean all waters within the state, including all streams, lakes, ponds, reservoirs, and drainage systems. Surface waters do not include those areas designated as
wastewater treatment ponds, irrigation reuse ponds, low-lying areas that retain water on a temporary basis and intermittent streams.

024 ALL OTHER WORDS used herein shall be given their usual customary and accepted meaning; and all words of a technical nature, or peculiar to the oil and gas industry, shall be given
that meaning which is generally accepted in said oil and gas industry.

025 GS ACT shall mean the Nebraska Geologic Storage of Carbon Dioxide Act, Nebraska Revised Statutes Sections 57-1601 to 57-124.

     Statute: 57-903; 57-904; 57-905; 57-917; 57-919; 57-920

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001 EFFECTIVE SCOPE OF RULES AND REGULATIONS All rules and regulations of a general nature herein promulgated to prevent waste and to conserve oil and gas in the State of Nebraska shall be effective throughout the State of Nebraska and be in force in all pools and fields except as they may be amended, modified, altered or enlarged generally or in specific individual pools or fields by orders issued by the Commission and except where special field rules apply, in which case the special field rules shall govern to the extent of any conflict.

002 RIGHT TO INSPECT The Director and his authorized deputies shall have the right at all reasonable times to go upon and inspect any oil or gas properties and wells for the purpose of making any investigation or tests to ascertain whether the provisions of the statutes or these rules or any special field rules are being complied with, and shall report any violation thereof to the Commission.

003 ACCESS TO RECORDS All producers, operators, drilling contractors, well service companies and initial purchasers of oil and gas within this State, shall make and keep appropriate books and records covering their operations in the State from which they may be able to make and substantiate the reports required by the Commission. Such books, records and copies of said reports and notices required by the Commission shall be kept on file and available for inspection by the Director or his authorized deputies for a period of at least five (5) years. The Director and his authorized deputies shall have access to all well records wherever located. All owners or operators shall permit the Director or authorized deputy, at their risk, in the absence of negligence on the part of the owner, to come upon any lease, property or well operated or controlled by them, and to inspect the record and operation of such wells and to have access at all times to any and all records of wells; provided that information so obtained shall be kept confidential, unless the owner gives written permission to release such information, and shall be reported only to the Commission or its authorized deputies.

004 REPORTS All producers, operators, drilling contractors, well service companies and initial purchasers of oil and gas within the State shall from time to time file such reports containing such information and covering such periods as the Commission shall require.

005 TESTS AND SURVEYS The Commission is authorized to require that special tests or surveys be made to determine physical waste of oil or gas. The Commission, in calling for reports under Rule 2-004 and tests or surveys to be made as provided in this Rule, shall designate the time allowed the operator for compliance, and which provisions as to time shall prevail over any other time provisions in these rules.

006 PROTECTION OF WATER-BEARING FORMATIONS In the conduct of oil and gas operations, each owner shall exercise due care in the protection of water-bearing formations as required by the applicable statutes of the State of Nebraska
   Special precautions shall be taken in drilling and abandoning wells to guard against any loss of artesian water from the stratum in which it occurs and the contamination of potable water by objectionable water, oil or gas. Before any oil or gas well is completed as a producer, all oil, gas and water strata above and below the producing horizon shall be sealed or separated in order to prevent the intermingling of their contents.

007 CONVERSION TO WATER WELLS In the case of a well which is capable of producing potable water which may be beneficially used by an individual or a community, the owner shall have the right to dispose of the well to responsible parties providing that written approval of the owner of the surface rights to the land on which the well is located is secured and filed with the Commission and written notice is given to the Director and approved by him subject to the approval of the Commission. A release from responsibility incurred by this action should be secured from the individual or community by the owner of the well and a copy of said release filed with the Director. The State Department of Natural Resources and Natural Resources District Offices should be consulted to determine if the water well that results is under the jurisdiction of said agencies.

008 WELL AND TANK BATTERY DESIGNATIONS The owner shall mark each and every well in a conspicuous place, with his name, name of lease, number of the well and legal description of the well and shall take all necessary means and precautions to preserve these markings.
   The tank battery shall be marked with operator name, name of lease, legal description, and phone number.

009 NAMING OF FIELDS All oil and gas fields discovered in the State subsequent to the adoption of these rules and regulations shall be named by the Director or his authorized deputies.

010 FORMS UPON REQUEST Forms required by the Commission will be furnished upon request and will be available for download on the commission website. Operators may reproduce forms required by the Commission, provided the blank forms are printed on an equivalent size, color and quality of paper.

   Statute: 57-905

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001 RECORDS, REPORTS, NOTICES —- GENERAL 

   Any required written notice of intention to do work or to change plans previously approved must be filed with the Director and must reach the Director or authorized deputies and receive approval before the work is begun; or such approval may be given orally, and if so given, shall thereafter be confirmed by the Director or authorized deputies in writing.

   In the case of emergency, or any situation where the operations might be unduly delayed, any written notice required by these rules and regulations to be given the Director or authorized deputies may be given orally or electronically; and, if approval is obtained, the transaction shall be promptly confirmed by the operator in writing as a matter of record.

   The owner shall keep and make conveniently available to the Director or deputies accurate and complete records of the drilling, re-drilling, deepening, plugging or abandoning of all wells, all other well operations and of all alterations to casing. These records shall show all formations penetrated, the quantity and quality of oil, gas or water in each formation tested, the grade, weight, size and landed depth of casing used in drilling each well on the lease premises and any other information obtained in the course of well operation. Such information shall be kept confidential for a period of one year from the date the geophysical logs are run if so requested.

   Whenever a person has been designated as an operator by an owner or owners of a lease or well, such an operator may submit the reports as herein required by the Commission. If a producing well is sold by one company or person to another company or person, the Director shall be notified immediately of the change in ownership. Any and all reports submitted shall be submitted in writing or electronically.

002 FORM 1 – ORGANIZATION REPORT 

   Any person conducting operations subject to the jurisdiction of the Commission shall, upon demand by the Director, file an “Organization Report” with the Director in the manner and form approved by the Commission.

   The designated Agent named by this form shall be a resident of Nebraska and shall be authorized to accept and be served with notices from the Commission.

   Any changes in organization or changes of address of the Agent or termination of the Agent’s authority shall be reported immediately by filing amended copies of Form 1 with the Commission.

003 FORM 2 – NOTICE OF INTENTION TO DRILL OR RE-ENTER 

   Before any person shall commence operations for the drilling of any well, such person shall file with the Director a notice of such intent on Form 2 and must secure the approval of the Director or authorized deputy before proceeding with such operations. A copy of the approved Form 2 must be posted in a conspicuous place on the drilling rig.

   The Director or authorized deputy must be notified at least twenty-four (24) hours in advance of the commencement of drilling activities.

   Unless operations are commenced within one hundred eighty (180) days after date of approval, the approval to drill will become null and void.

   If it is desired to revise an approved notice of intention to drill, an amended Form 2 must be filed with the Director for approval.

   A fee, paid in advance, of two hundred dollars ($200) per well and payable to the Nebraska Oil and Gas Conservation Commission must be remitted with Form 2. If it should become necessary for the Commission to contract for the plugging of an abandoned well through failure of the owner or operator to plug it satisfactorily, the costs of these plugging operations may be assessed against the operator or owner.

   No permit fee is required for an injection well.

   If for any reason an approved location is not drilled, the permit fee is nonrefundable but may be transferred to another location provided that the permit has not expired or has not been revoked.

   The Commission shall have the authority to revoke a permit if the Commission finds that any fraud, deceit or misrepresentation was made to obtain the approval of said permit.

   The Notice of Intention to Drill or Re-Enter shall be accompanied by an accurate plat showing the following information:

      Township, range, and section in which the well is to be located.

      North arrow.

      Scale of drawing expressed as a ratio.

      The longitude and latitude expressed in decimal degrees using NAD 83 standards.

      A description of all monuments found, set, reset or replaced, and notation of all distances measured between the corners used in establishing the section boundary in which the well is to be located.

      Distances from the nearest established section boundary lines to the proposed well.

      Ungraded ground elevation of the proposed well.

      Basis of elevations.

      Basis of bearings.

004 FORM 3A – BOND 

   Prior to commencement of dirt work preceding drilling, or assuming operation of any well, the person, firm or corporation commencing said drilling or operation shall make, or cause to be made, and file with the Commission a good and sufficient bond in the sum of not less than ten thousand dollars ($10,000) for each well or hole and payable to the State of Nebraska, conditioned for the performance of the duty to comply with all the provisions of the laws of the State of Nebraska and the rules, regulations and orders of the Commission. Said bond shall remain in force and effect until plugging of said well or hole is approved by the Director or authorized deputy, a new bond is filed by a successor in interest or the bond is released by the Director. It is provided, however, that any owner in lieu of such bond may file with the Director a good and sufficient blanket bond in the principal sum of not less than one hundred thousand dollars ($100,000) covering all wells or holes drilling or to be drilled in the State of Nebraska by the principal in said bond; and upon acceptance and approval by the Director of such blanket bond, said bond shall be considered as compliance with the foregoing provisions requiring an individual well or hole bond.

   The Director may refuse to accept a bond or add wells to a blanket bond if the operator or surety company has failed in the past to comply with statutes, rules or orders relating to the operation of wells; or for other good cause.

   Any person required to file a surety bond pursuant to this rule may post cash or certificate of deposit in the amount required subject to the following conditions:

      If a person posts cash, it may be in the form of a cashier’s check, certified check or legal tender of the United States of America delivered to the Commission.

      A certificate of deposit shall comply with the following:

         The certificate of deposit shall be in the name of the Nebraska Oil and Gas Conservation Commission and only the signature of the Commission’s authorized representative shall be on the withdrawal card as the authorized signature to withdraw the deposit.

         The certificate of deposit shall be in a bank or financial institution insured by the Federal Deposit Insurance Corporation and located in the State of Nebraska.

         The Commission may reject any certificate of deposit, when, combined with other certificates of deposit on that bank or financial institution, exceeds the limits of Federal Deposit Insurance Corporation insurance coverage.

         The certificate of deposit shall be in the custody of the Commission.

         The certificate of deposit shall be automatically renewable.

         Interest earned on the certificate of deposit is the property of the person who provided the money for it. The certificate of deposit and the money it represents is the property of the Commission until released by the Director.

   Any person, other than the operator or owner of the well, engaged in pulling casing from abandoned oil or gas wells and wells used in connection therewith, or who purchases such wells for the purpose of salvaging material from the same, shall file with the Commission a ten thousand dollar ($10,000) blanket bond to guarantee the ultimate plugging of these wells conformable with the rules, regulations or orders of the Commission.

   The State Board of Educational Lands and Funds shall be contacted for bonding requirements on State Land, and the U. S. Bureau of Land Management should be contacted for additional bonding requirements on Federal Land.

005 FORM 4 – SUNDRY NOTICES 

   Notice must be given to the Director or his authorized deputy and approval obtained in advance of the time when the owner or operator expects to re-complete or abandon a well with the casing in the hole or to change previously approved plans. Within thirty (30) days after re-completion, abandonment, or change of plans, a detailed report of the work done and the results obtained shall be submitted on Form 5 or Form 6, whichever is appropriate.

006 FORM 5 – WELL COMPLETION OR RE-COMPLETION REPORT 

   Within thirty (30) days after completion or re-completion of an oil or gas producing well, injection or disposal well or a well temporarily abandoned with casing in the hole, the owner or operator shall transmit to the Director the well completion or re-completion report, Form 5. Upon written request geological information will be kept confidential for twelve (12) months after the filing thereof unless written permission to release the information at an earlier date is obtained from the operator.

007 FORM 6 – PLUGGING RECORD 

   If any well is plugged or abandoned, a record of work done must be filed on Form 6 with the Director within thirty (30) days after the work is completed. The report shall give a detailed account of the manner in which the abandonment or plugging work is carried out, including the nature and quantities of materials used in plugging and the location and extent (by depths) of the plugs of different materials; records of the amount, size and location (by depths) of casing and junk left in the well, and a detailed statement of the volume and weight of mud fluid used. Upon written request, geological information will be kept confidential for twelve (12) months after the filing thereof unless written permission to release the information at an earlier date is obtained from the operator.

008 FORM 7A – WELL STATUS AND MONTHLY PRODUCTION REPORT 

   Each producer or operator of an oil or gas well shall file, with the Director on or before the twenty-fifth (25th) day of each month succeeding the month in which the production occurs, a report on Form 7A, containing all information required by the form including disposition of the oil and gas produced.

009 FORM 8 – PRODUCTION TEST AND GAS-OIL RATIO REPORT 

   Gas-oil ratio tests, as required by the Commission under Rule 3-027, shall be reported on Form 8 within twenty (20) days after the test is made.

010 FORM 9A – RESERVOIR PRESSURE TEST REPORT 

   Sub-surface pressure tests, as may be required by the Commission, shall be reported on Form 9A within twenty (20) days after completion of tests.

011 MILL LEVY RETURN 

   Remitters of the State severance tax shall be responsible for the payment of the mill levy. The total mill levy remittance shall be determined by applying the then current mill levy rate to the total value of oil and gas.

012 GENERAL DRILLING RULES 

   Unless altered, modified or changed for a particular pool or pools, upon hearing before the Commission, the following shall apply to the drilling of all wells:

   012.01 When drilling where high pressures are likely to exist, the operator shall take all reasonable precautions for keeping the well under control at all times and shall provide at the time the well is started proper high pressure fittings and equipment. Under such conditions, the conductor string of casing must be cemented throughout its length, unless other procedure is authorized by the Director or authorized agent, and all strings of casing must be securely anchored.

   012.02 In areas where pressures and formations are unknown, sufficient surface casing shall be run to reach a depth below the base of formations generally contributing water supplies for domestic, agricultural and municipal use as well as water bearing formations reasonably expected to be utilized for domestic, agricultural and municipal use if not presently utilized. The amount of surface casing run shall be approved by the Director or authorized agent and sufficient to prevent blowouts and uncontrolled flows at reasonable depths and of sufficient size to permit the use of an intermediate string or strings of casing where necessary to control deeper blowout or uncontrolled flow sources. Surface casing shall be set in a relatively impervious formation and shall be cemented by the plug or displacement or other approved method with sufficient cement to fill the annulus to the top of the hole except in cases where unusually long strings of surface casing are required and approval is secured from the Director or his authorized agent to use other adequate methods of cementation.

   012.03 In wells drilled in areas where subsurface conditions are known through drilling experience, surface casing shall be set at a depth approved by the Director or authorized agent and cemented to the surface by the pump and plug or displacement or other approved methods at a depth sufficient to protect all domestic, agricultural or municipal water supplies and to insure against blowouts or uncontrolled flows.

   012.04 Cement shall be allowed to stand under pressure until the cement has reached a compressive strength of five hundred (500) pounds per square inch before drilling the plug. The term “under pressure” as used herein, will be complied with if one float valve is used or if pressure is otherwise held. All cement and cement additives used shall have been tested in accordance with API RP 10B-2 (R2010), “Recommended Practices for Testing Oil-Well Cements and Cement Additives,” and the results reported to the Director prior to use.

   012.05 In all proven areas, the use of blowout equipment shall be in accordance with the established practice in the area.

   012.06 In areas where high pressures may be reasonably anticipated, all drilling wells shall be equipped with a master-gate or its equivalent, an adequate blowout preventer, together with choke and kill line or lines of the proper size and working pressure. The entire control equipment shall be in good working condition at all times.

   012.07 If a well is deepened for the purpose of producing oil and gas from the lower stratum, such deepening to and completion in the lower stratum shall be conducted in such a manner as to protect all upper productive strata.

   012.08 All wells shall be so drilled that the horizontal distance between the bottom of the hole and the location at the top of the hole shall be at all times at a practical minimum.

   012.09 If and when it becomes necessary to run a production string, such production string shall be cemented by the pump and plug method.

   012.10 By approved reasonable methods, the operator shall shut off and exclude all alien water from any oil or gas bearing stratum; and to determine the effectiveness of such operations, the operator shall make a casing test before suspending drilling operations or drilling into the oil or gas bearing stratum and completing the well.

   012.11 Before commencing to drill, proper and adequate pits shall be constructed for the reception and confinement of mud and cuttings. Reserve pits used in the drilling and completion of oil and gas wells shall be designed and constructed to protect the surface and the waters of the state from pollution.

   For all reserve pits the minimum criteria shall be as follows:

      Minimum of two (2) foot freeboard is required.

      All topsoil shall be stockpiled on or adjacent to the location and be used for reclamation after drilling operations have been completed when practical.

      Reserve pits shall not contain, at anytime, any non-exempt E&P waste.

   The Commission may administratively approve field-wide or area-wide applications covering drilling reserve pit design and construction.

   012.12 For those reserve pits located within one-half (1/2) mile of surface waters of the state, the operator shall meet the requirements set forth in Section 012.11. Additionally, an application filed with Form 2 shall include:

      Drilling location layout plan.

      Pit size.

      Type of mud program.

      Anticipated time pit will be in use.

      Scaled topographic map showing the surface drainage and distance to any lakes, rivers, streams or springs.

   012.13 If salt based or oil based muds are used during the drilling program or if a salt section of sufficient thickness to affect the mud quality is anticipated, then the reserve pit design and construction shall meet the requirements of this rule and an application shall be submitted along with Form 2 for approval. Minimum design criteria shall be as follows:

      Steel working tanks will be required on the drilling rig circulating system.

      Reserve pits shall be designed to accommodate those fluids while protecting the lands and waters of the state.

      Soil mixture liners, recompacted clay liners and manufactured liners must be compatible with the wastes contained.

      The application shall include the type and specifications of the liner to be used. All liners constructed of manufactured materials must meet or exceed the specifications set forth by the Commission.

      Synthetic liners must be installed over smooth fill sub-grade which is free of pockets, loose rocks, or other materials which could damage the liner. Sand, sifted dirt, or bentonite are suggested as cushion material if needed.

      The application shall contain a plan for disposal of liquids and solids.

      Liner edges must be secured to prevent wind damage.

   The Director or authorized agent may authorize alternative methods upon review of the application

   012.14 All pits shall be backfilled within one year after completion of drilling operations.

   The disposal of drilling fluids, stimulation fluids or any oil field waste into any well shall be prohibited unless approved by the Director prior to disposal.

   Within thirty (30) days after cessation of drilling operations, non-exempt E&P waste materials including but not limited to crankcase oil shall be contained in non-leaking containers and disposed of in accordance with DEQ or any applicable federal regulations.

   In those areas where acceptable, and upon application and approval, land farming or land spreading of fresh water based drilling mud may be allowed on the lease with the written permission obtained from the landowner and submitted to the Director.

   012.15 After the reserve pits have been properly backfilled, a biodegradable mulch may be required if soil erosion or the establishment of vegetation is determined to be a problem by the Director or authorized agent.

013 LOCATION OF WELLS 

   013.01 No well drilled for oil or gas in or adjacent to presently producing pools shall be drilled at a location within a legal subdivision which varies substantially from the established locations within legal subdivisions of a majority of the wells in the pool or which will result in a spacing unit for such wells substantially different from that attributable to the established wells in the pool.

   013.02 All wells drilled to sources of supply at estimated depths in excess of two thousand five hundred (2500) feet for which no spacing pattern has been established by existing wells shall be drilled on 40-acre legal subdivisions or equivalent lots and not less than five hundred (500) feet from the boundaries of said legal subdivisions. The Director or authorized agent may administratively approve an exception to the requirements hereof where topographical conditions, irregular sections or geological conditions make the drilling of a well at the regular location impractical, provided that the owners, as defined in the Act, within a distance of five hundred (500) feet from the proposed well file with the Director or authorized agent a waiver of objection, or consent in writing, agreeing to said exception; provided further, that a well drilled under the terms of such waiver, or consent, shall be subject to such production limitations as may be necessary to protect correlative rights.

   013.03 All wells drilled to sources of supply at estimated depths of two thousand five hundred (2500) feet or less for which no spacing pattern has been established by existing wells shall not be drilled closer than three hundred (300) feet from the boundaries of a 40-acre legal subdivision or equivalent lot.

   013.04 Upon the receipt, by the Commission, of an application from any person requesting the establishment of special field rules for spacing of wells within a designated area, all or a portion of which is not then subject to special field rules, or upon decision by the Commission to call a hearing for the establishment of such special field rules, application for permits to drill within such area will be held in abeyance by the Commission until such time as the matter has been fully heard and determined; and no further permits to drill within the area designated in the application shall be issued until such determination has been made. Notwithstanding the provisions above, a permit shall be issued if an owner demonstrates to the satisfaction of the Director that a loss of his leasehold will result or that significant drainage may occur if approval of drilling is withheld. However, in event a permit is issued, the permit to drill shall authorize a location for the proposed well which conforms as nearly as practicable to the pattern proposed in each application or petition then on file with the Commission for spacing within the designated area.

   013.05 The foregoing spacing restrictions shall not apply to approved unit operations or authorized secondary recovery projects or stratigraphy test holes drilled for geologic storage, or to any field where the Commission, after notice and hearing, ordered a different spacing pattern in special field rules.

014 DIRECTIONAL DRILLING 

   When the intent is to direct the bottom of the hole away from vertical, other than whipstocking necessitated by hole conditions, and the spacing pattern is not altered thereby, notice of intention to do so shall be filed with the Director or authorized agent and approval obtained before beginning controlled directional drilling operations. Such notice shall state clearly the depth, exact surface location of the well bore, proposed direction deviation and proposed horizontal distance between the proposed bottom of the hole and the surface location. If approval is obtained, the operator shall file with the Commission within thirty (30) days after the completion of the work an accurate and complete copy of the directional survey made.

015 RE-DRILLING OR DRILLING DEEPER 

   When a well is re-drilled or drilled deeper by the original operator, the operator shall advise the Director or authorized agent of their intentions by filing Form 4 and stating thereon the proposed work to be done and the anticipated results of the work.

   If the re-drilling or drilling deeper is to be done by anyone other than the original operator, they shall file Form 2 and the two hundred dollar ($200) permit fee and state on the form that this well is to be re-drilled or drilled deeper.

   Upon completion of the work Form 5 shall be filed if the well is an oil or gas producer, injection or disposal well, or shut-in with casing in the hole. If the well is a dry hole, Form 6 shall be filed. Copies of any logs and tests made should accompany these forms.

016 COMMINGLING IN ONE WELL BORE 

   The production of oil and gas, or either of them, from more than one pool from one well without segregation of such production as to pool is hereby prohibited unless otherwise authorized or permitted by order of the Commission pursuant to appropriate hearing.

017 MULTIPLE ZONE COMPLETIONS 

   The initial multiple zone completion of a well in a given field may be permitted by submitting an application therefore to the Commission and securing its order of approval thereof pursuant to an appropriate hearing. The application shall be accompanied by an exhibit showing the location of all wells on adjacent premises and all offset wells on adjoining lands and shall set forth all material facts involved and the manner and method of completion proposed. Thereafter, similar multiple zone completions in said field may be approved by the Director, if so authorized by the Commission, upon request therefore. Such requests shall also be accompanied by an affidavit showing that notice of intention to file such request has been given to the owners, as defined in the Act, of all tracts located within a radius of one-half (1/2) mile of the well in which the multiple zone completion is to be attempted. The Director may require such tests as he deems necessary to determine the effectiveness of the segregation of the different pools.

018 MEASUREMENT OF OIL

   The volume of production of oil shall be computed in terms of barrels of clean oil on the basis of properly calibrated meter measurements or tank measurement of oil level differences made and recorded to the nearest quarter inch, using one hundred (100) percent tank capacity tables, subject to the following corrections:

   018.01 Correction for Impurities – The percentage of impurities (water, sand and other foreign substances not constituting a natural component part of the oil) shall be determined to the satisfaction of the Director, and the observed gross volume of oil shall be corrected to exclude the entire volume of such impurities.

   018.02 Temperature Correction – The observed volume of oil corrected for impurities shall be further corrected to the standard volume at 60° F. in accordance with A.S.T.M. D-1250 Table 6, dated 1956, reapproved 1973.

   018.03 Gravity Determination – The gravity of oil at 60° F. shall be determined in accordance with A.S.T.M. D-1250 Table 5, dated 1956, reapproved 1973.

019 MEASUREMENT OF GAS 

   Production of gas of all kinds, with the exception of gas used on the lease and small amounts of gas produced with oil, as excepted by the Director, shall be measured by orifice type meter or other type meter approved by the Director. The standard of pressure shall be 14.73 pounds per square inch absolute and the standard of temperature shall be 60° F., regardless of the atmospheric pressure and temperature at the point of measurement. All volumes of gas to be reported to the Commission shall be adjusted by computation to these standards unless otherwise authorized by the Director.

020 CONTROL OF “WILD” WELLS 

   The operator shall take reasonable precautions to prevent any oil, gas or water well from blowing open or “wild” and shall take immediate steps and exercise due diligence to bring under control any such well or burning oil or gas well.

021 DISPOSAL OF GAS 

   Gas produced in connection with the production of oil shall be flared and burned where there is no market at the well or use on the lease for such gas. The operators of gasoline plants operated for the extraction of liquid hydrocarbons from the gas shall burn the residue gas in flares where no market exists at such plant for the residue gas or when the gas is not returned to an oil pool or field for pressure maintenance or repressuring of the oil pool or field.

022 POLLUTION AND SURFACE DRAINAGE 

   Operators shall take all reasonable precaution to avoid polluting streams, underground water and land surface and soils. No oil, salt water, brackish water or other water unfit for domestic, livestock, irrigation or other general use shall be allowed to flow over the surface or into any stream or underground fresh water zone.

   022.01 Spill Reporting Requirements

   Any person operating any well, flow lines, receiving tanks, storage tanks, or receiving and storage receptacles into which crude oil or salt water is produced, received, or stored or through which oil or produced water is piped or transported shall notify the Director within two (2) business days of any oil and/or produced water spill, leak, or release in excess of twenty (20) barrels. The notice shall be followed within seven (7) working days by a written report. All such reports of breaks, leaks, and spills shall identify the location of the well, tank, receptacle or flow line by section, township, range, and property name so that the exact location may be readily located. Such report shall specify what steps have been taken or are in progress to remedy the situation reported and shall estimate the quantity of oil and/or produced water lost, or permitted to escape.

   The operator shall immediately notify the appropriate State and Federal agencies of any oil or produced water spill, leak, or release which enters any surface or ground water or flows off the lease or unit lands.

   022.02 Cleanup Standards for Crude Oil Spills

   Cleanup standards set forth in this section apply to only exempt E&P spills that do not: escape off the lease or enter any surface or ground water. For all other spills operators shall notify all appropriate State and Federal agencies.

   022.03 Requirements for Cleanup

   Removal of Free Oil – To prevent waste and to minimize the depth of oil penetration, all free oil must be removed immediately for reclamation.

   Excavation – All soil containing over one (1) percent by weight total petroleum hydrocarbons must be remediated or disposed of at an authorized disposal site.

   Prevention of Stormwater Contamination – To prevent stormwater contamination soil excavated from the spill site containing over five (5) percent by weight total petroleum hydrocarbons must be:

      Mixed with clean soil to a mixture of less than five (5) percent, or

      Removed to an authorized disposal site, or

      Contained on secure location for future remediation.

   The operator may select any technically sound method for remediation of soil.

   022.04 Final Cleanup Level

   The Commission shall have final authority to determine if remediation has achieved a cleanup level of less than one (1) percent by weight total petroleum hydrocarbons. Cleanup shall be completed as soon as technically feasible.

   022.05 Remediation Reporting Requirements

   For each spill exceeding twenty (20) barrels of crude oil, the operator must submit on a Form 4 a report to the Commission which shall give the following information:

      A detailed description of the disposal or remediation method used.

      The estimated date of completion of the site cleanup.

      Area, maximum depth and volume in cubic yards of soil affected by crude oil.

      A statement signed by the operator stating that all affected soils have been treated and the surface landowner has been notified.

   022.06 Crude Oil Spills of Twenty (20) Barrels or Less

   Spills into the soil of twenty (20) barrels or less of crude oil must be remediated to these standards, but are not required to be reported to the Commission.

   022.07 Cleanup Standards for Produced Water Spills

   Cleanup standards set forth in this section apply to only exempt E&P spills that do not:

      escape off the lease, or

      enter any surface or groundwater.

   For all other spills operators shall notify the appropriate State and Federal agencies.

   022.08 Standards set forth in this section do not include those produced waters released under the terms of a valid National Pollutant Discharge Elimination System (NPDES) permit.

   022.09 Requirements for Cleanup

   Removal of Free Water – To minimize the depth of produced water penetration, all free water must be removed for disposal.

   Establish Containment Systems – To minimize the extent of the affected area, temporary dikes, pits, or tanks should be used.

   The operator may select any technically sound method for remediation of affected soil.

   022.10 Final Cleanup Level

   The Commission shall have final authority to determine if the effected land has been restored to its prior beneficial use. Cleanup shall be completed as soon as technically feasible.

   022.11 Remediation Reporting Requirements

   For each spill exceeding twenty (20) barrels of produced water, in which the water spilled exceeds ten thousand (10,000) parts per million total dissolved solids, or a spill exceeding two hundred (200) barrels of produced water, in which the water spilled contains less than 10,000 parts per million total dissolved solids, the operator must submit on a Form 4 a report to the Commission which shall give the following information:

      A detailed description of the disposal or remediation method used.

      The estimated date of completion of the site cleanup.

      Area, maximum depth and volume in cubic yards of soil affected by produced water.

      A statement signed by the operator stating that all affected soils have been treated and the surface landowner has been notified.

   022.12 Produced Water Pits

   No person shall construct or operate a pit or pond to retain produced water without first filing an application for a permit on Form 15, RETAINING PIT PERMIT, and obtaining approval from the Director. Permit numbers shall be displayed on a weatherproof sign along with the name of the operator and lease at the pit site. Pits or ponds used to evaporate or retain water which were in existence prior to the effective date of this rule must be re-permitted within one year after the effective date of this rule.

   If inspection indicates that the facility no longer meets the requirements of this rule, the use of the facility shall cease.

   Upon application, an exception to the construction and operational requirements of Section 022.12 may be granted by the Director upon showing that the pit design, in consideration of geologic and hydrodynamic conditions, will protect water, soils, wildlife, and migratory birds.

      022.12A All pits or ponds used to retain produced water shall:

         Be constructed in cut material or at least fifty (50) percent below original ground level.

         Be lined with a material compatible with the waste contained.

         Not be located in a natural drainage and shall be constructed above the seasonal high water table.

         Be bermed or diked and shall have at least two (2) feet of freeboard between the normal operating level of the water in the pit and the top of the banks, dikes or berms.

         Be fenced, screened, or netted to prevent access by livestock, wildlife and migratory birds if free oil is likely to be discharged to the pits.

         Not be used for the dumping of any wastes other than produced water.

         Approved monitoring systems may be required if a pit is located in an area that the Commission can reasonably define as environmentally sensitive.

   022.12B Unlined evaporation pits shall be allowed for produced waters containing less than ten thousand (10,000) milligrams per liter total dissolved solids. Unlined evaporation pits that receive less than five (5) barrels per day on a monthly average shall be allowed when it can be shown that the pit will not impact water, soils, wildlife and migratory birds.

   O22.12C Pit Lining Requirements

      The application for a lined pit submitted on Form 15 shall include the type and specifications of the liner to be used. All liners constructed of manufactured materials must meet or exceed the specifications set forth by the Commission.

      Soil mixture liners, recompacted clay liners and manufactured liners must be compatible with the waste contained. The operator must provide evidence of the chemical resistance of the liner selected for use.

      Manufactured liners must be installed over smooth fill subgrade which is free of pockets, loose rocks, or other materials which could damage the liner. Sand, sifted dirt, or bentonite are suggested as cushion materials if needed. At no time shall any organic material, except synthetic cushion fabric designed for that purpose, be used for a liner cushion.

      Liner edges must be secured to prevent wind damage.

      If a lined pit does not have an approved monitoring system, then it shall be drained, cleaned and inspected for leaks or holes each year.

      The Director may grant an exception to this pit lining requirement where, the operator shows that due to the surface or subsurface geology, the uses of the known sources of groundwater, the permeability of the surrounding soils, or similar consideration, the known sources of underlying groundwater will not be adversely impacted.

   022.12D All retaining pits shall be kept free of surface accumulations of oil and other hydrocarbon substances and shall be cleaned within ten (10) days after the discovery of the accumulation by the operator or notice from the Commission, unless weather conditions or other conditions, as approved by the Commission, do not allow such removal within the time frame specified. In the event such removal is delayed by weather or other factors, the operator will notify the Commission on Form 4 within ten (10) working days of the operator noticing said accumulation, or of Commission notification. The notification will include an estimated time table during which the problem can be practically corrected, in an approved manner.

   022.12E This rule shall not apply to pits used in conjunction with drilling or reworking operations under a valid permit to drill unless such pit is used after the cessation of the drilling or reworking operations.

   022.12F Produced water may be discharged into pits, onto land, or into other water sources if the operator has a valid discharge permit issued under the National Pollutant Discharge Elimination System (NPDES). The operator shall file a copy of the NPDES permit with the Commission.

   022.13 Temporary Emergency Pits and Flare Pits – Operators must file a Form 15 for approval of these facilities. These pits shall be exempt from the construction and monitoring requirements of this section.

   Production fluid may not be retained for more than seventy-two (72) hours in any unlined pit prior to disposal.

   022.14 Pit closure must be done in accordance with a preapproved plan which must be submitted on a Form 4.

   Verbal notice twenty-four (24) hours prior to closure is required to provide the Commission the opportunity to witness the closure procedure.

   If closure plans or treatment procedures have changed from the original proposal, then a Form 4 must be resubmitted. Any wastes disposed of off-lease must be transported to an authorized disposal site.

   Pit solids showing high concentrations of salt (exchangeable sodium percentage above fifteen (15) by weight) must be encapsulated or chemically or mechanically treated or removed and disposed of in an authorized disposal site.

   Oil that may be present must be removed and recycled by commercially available utilized conventional means as soon as the weather permits or disposed of in an authorized disposal site or mixed with soil to less than one (1) percent oil content by weight when road spread, or land farmed.

   Dispersants, wetting agents, surface reduction agents, surfactants or other chemicals that destroy, remove or reduce the fluid seal of a pit and allow the fluids therein to seep, drain or percolate into the soil underlying the pit are prohibited.

   Pits cannot be used for disposal of refuse, equipment parts or unused chemicals. Proper closure of the pit is compromised by the inappropriate use of the pit for trash disposal and may result in the revocation of the permit.

   022.15 After the pits have been properly backfilled, a biodegradable mulch may be required if soil erosion or the establishment of vegetation is determined to be a problem by the Director.

   022.16 No water produced in association with oil or gas production shall be transported from the lease of origin for disposal or used for road building without authorization of the Director.

      022.16A Every person that transports water produced in association with the production of oil or gas shall possess a run ticket or equivalent documents containing the following:

         022.16A1 The name and address of the transporter.

         022.16A2 The name of the operator of the lease of origin.

         022.16A3 The location of the lease tank battery by section, township, range and county.

         022.16A4 The location of the destination by section, township, range and county.

         022.16A5 The date and time the fluids were loaded for transportation and unloaded at the destination.

         022.16A6 The estimated volume of fluids, or the opening and closing tank gauges or meter readings.

         022.16A7 The signature of the driver.

      022.16B One copy of the documentation shall be left at the facility from which the water was loaded for transportation.

      022.16C One copy of the documentation shall be carried in the vehicle during transportation and shall be produced for examination and inspection by any agent of the Commission or any authorized law officer upon request.

      022.16D All persons that store, possess, or dispose of water produced in association with the production of oil or gas shall retain a record reflecting a complete inventory, including detail of the acceptance and disposition of the fluids for a period of at least five (5) years.

023 BURN-OFF PITS 

   To prevent fire hazards from waste oil, the same shall be collected in burn-off pits which shall be located a safe distance from oil storage tanks, buildings, or other structures and shall be burned as often as necessary to prevent overflowing. Such pits shall be constructed to prevent the escape of oil therefrom and shall have a continuous wall completely surrounding the pit of sufficient height to prevent surface water from running into the pit. Earthen pits will be permitted at locations where the soil is heavy and tight, but shall be prohibited in locations where the soil is porous and closely underlain by either sand or gravel strata, unless effectively sealed to the satisfaction of the Director.

024 LEASE TANK RESERVOIRS AND FIRE HAZARDS 

   All oil storage and lease tanks must be surrounded by an earthen dike which shall provide a capacity of one and one-tenth (1-1/10) times the capacity of the largest tank it surrounds.

   All well and tank locations shall be kept free of dead grass, brush, weeds and other inflammable material and so maintained at all times.

025 OPEN PIT STORAGE OF OIL

   The operator shall not, except during an emergency or except by special permission of the Director, permit oil to be temporarily stored or retained in earthen reservoirs or in any other receptacle that may introduce an accident or fire hazard.

026 SUB-SURFACE PRESSURE TESTS 

   The Director may require sub-surface pressure measurements on a sufficient number of wells in any pool to provide adequate data for establishing maximum efficient rates of production (M. E. R.). Whenever a sub-surface pressure measurement is to be made in a well, such well shall remain completely shut-in for at least twenty-four (24) hours prior to the test. Tests may be witnessed by representatives of the offset operators.

027 GAS-OIL RATIO TESTS 

   Within thirty (30) days following the completion or re-completion of each well producing oil and gas and thereafter as the Director may require the operator of such well shall make a gas-oil ratio test of such well; and the results of such test shall be reported to the Commission within twenty (20) days after the test is made. Certain wells may be excepted from this rule by the Director upon written request.

028 PLUGGING 

   The requirements for plugging a well shall be as follows:

   028.01 A dry or abandoned well must be plugged in such a manner that oil, gas, water or other substance shall be confined to the reservoir in which it originally occurred. The material used in plugging, whether mud-laden fluid, cement, mechanical plug or some other suitable material, must be placed in the well in a manner to permanently prevent migration of oil, gas, water or other substance from the formation or horizon in which it originally occurred.

   028.02 The operator shall have the option as to the method of placing cement in the hole by (1) dump bailer, (2) pumping through tubing or drill pipe, (3) pump and plug or (4) other method approved by the Director or authorized deputy.

   028.03 No substance of any nature or description other than that normally used in plugging operations shall be placed in any well at any time during plugging operations.

   028.04 In order to protect the fresh water strata, no surface casing shall be pulled from any well unless authorized by the Director.

   028.05 Before a dry hole is plugged, the operator shall notify the office of the Director or his authorized deputy.

   028.06 Before a producing well, or any well with production casing in the hole, is plugged, the operator shall notify the office of the Director by submitting Form 4, “Sundry Notices.” Operator shall fully describe the proposed plugging and abandonment procedure on said form and shall set out the volume and position of each plug to be placed in the hole and the manner in which said plug will be positioned. A fee, paid in advance, of one hundred dollars ($100) and payable to the Nebraska Oil and Gas Conservation Commission must be remitted with each Form 4 which gives notice of operator’s intention to abandon a well with production casing in the hole.

   028.07 Operations must commence to plug and abandon each well with-in one year of the date of the Director’s approved Form 4 or the operator must reapply. Any well that is not plugged and abandoned with-in one year will be considered to have a status of shut-in.

   028.08 Following abandonment, working pits, reserve pits and/or burn pits shall be backfilled, pads leveled, debris removed or buried and land restored to the reasonable satisfaction of the Director.

029 PLUGGING OF SEISMIC AND STRATIGRAPHIC TESTS 

   It shall be the duty of any person, operator or contractor drilling a seismic or stratigraphic test hole, regardless of diameter or depth, whether cased or uncased, to plug said hole in a manner sufficient to properly protect all fresh water bearing and possible or probable oil or gas bearing formations.

030 LIABILITY 

   The person who drilled or caused to be drilled any well for oil or gas or any seismic, core or other exploratory hole, whether cased or uncased, shall be liable and responsible for the plugging thereof in accordance with the rules and regulations of the Commission.

031 WELL LOGS AND SAMPLES 

   All wells drilled for oil and/or gas shall be adequately logged with appropriate mechanical, electrical, or radiation survey devices unless excepted by the Director. If adverse down hole conditions exist which makes the running of adequate survey devices impractical or hazardous, or in the case of open hole completions, twin wells, or other good cause shown, the Director may waive such required survey upon request by the operator.

   Logs shall be submitted as one unmarked paper copy, one digital PDF or TIFF (Tagged Image File Format) or digital LAS, or a format approved by the Director of the mechanical, electrical, or radiation survey log, clearly indicating the position of the shoe of the surface casing and including the entire logged interval below the shoe of the surface casing, shall be submitted to the office of the Director within thirty (30) days after such log is run. If an extension of thirty (30) days is needed for filing survey logs, the Director may grant such extension for good cause shown.

   Upon written request by the operator, logs of a confidential nature will be held confidential for a period of not more than twelve (12) months. The Director may release such confidential data to health care professionals, emergency responders and public health regulators if the Director deems it is necessary to protect the public’s health, safety and welfare.

   A driller’s log is to be submitted for wells drilled with cable tools. Drill stem tests, copies of other surveys and tests such as core analysis, water analysis, and mud logs, if taken, and the information there from will be submitted on all wells drilled. Any survey or tests conducted by the operator shall be maintained in his files for a period of at least two (2) years. Drilling contractors and well service companies shall maintain a file of surveys and tests conducted for a period of not less than five (5) years for all work performed on any well drilled under the rules and regulations of the Commission.

   By agreement with the State Geologist, the Commission will notify operators when samples of a well are requested by the Nebraska Geological Survey. When indicated on Form 2, a systematic interval of sample cuttings shall be saved and submitted to the Nebraska Geological Survey in accordance with their request within ninety (90) days following completion or deepening of a well. When requested in writing, samples shall be kept confidential by the Nebraska Geological Survey for a period of not more than twelve (12) months. Samples submitted may be sent through a recognized sample cutting agency or sent directly to the Nebraska Geological Survey, Conservation and Survey Division, School of Natural Resources, University of Nebraska, Lincoln, Nebraska.

032 SEISMIC AND STRATIGRAPHIC TESTS 

   Before any person shall commence operations for the drilling of any seismic hole, such person shall file with the Director an accurate plat of all such holes, the proposed depths and the date such operations are expected to commence. The Director or authorized agent shall approve the method used to plug such holes. No permit fee shall be required.

   Wells drilled as stratigraphic type test holes shall come under these rules and regulations with the following exceptions: No fee shall be required for the drilling of a stratigraphic test hole, but Form 2, “Notification of Intent to Drill or Re-Enter,” shall be filed with the Director and approved by him prior to the drilling of each test or hole. Locations may be approved within three hundred thirty (330) feet of legal subdivision lines, but estimated total depths do not have to be included in notifications. Records, plugging affidavits and logs do not have to be filed with the Commission except within a period of six (6) months after completion of drilling. In the case of a series of wells drilled as a part of a single investigational program, records, plugging affidavits and logs may be filed with the Commission within six (6) months after completion of the last test hole drilled providing that the Director is informed of the approximate number of tests to be included in the program and that the period of not more than thirty (30) days separate the completion of one test and the commencement of the next test. Special permission for time extension between drilling of successive test holes may be granted by the Director or his authorized deputy for justifiable reasons.

   Upon written request by the operator, all records, plugging affidavits, logs, plats and geologic information will be held confidential for a period not to exceed one (1) year.

   The operator or drilling contractor shall maintain an accurate map or plat of all shallow exploratory, stratigraphic or seismic holes for a period of at least five (5) years after completion of a program, and all holes shall be satisfactorily plugged.

033 LIMITATION OF PRODUCTION 

   Whenever the Commission, after notice and hearing, finds that waste as defined in the Act, is occurring in any oil or gas field or pool and that the production of oil or gas from such field or pool should be limited to prevent waste, then the Commission shall issue an order limiting production from such field or pool and specify rules applicable thereto for the allocation or distribution of allowable production therefrom as provided for in the Act.

034 MAXIMUM EFFICIENT RATE HEARINGS 

   The Commission, on its own motion may, or at the request of any interested party shall call hearings to determine the maximum efficient rate at which any pool in the State can produce oil and gas without waste.

035 SPACING UNITS 

   The Commission may upon its own motion or upon the motion of any interested party and after notice and hearing establish spacing units of a specified and approximate uniform size and shape for each pool within this State.

036 FORM 11 – REPORT OF INJECTION PROJECT 

   Operators of pressure maintenance, secondary recovery projects or produced water disposal wells shall file a report on Form 11 on or before the twenty-fifth (25th) day of each month succeeding the month in which the injection occurs.

037 FORM 12 – REPORT OF PACKER LEAKAGE TEST 

   Operators of wells which are completed to produce oil and/or gas from two or more reservoirs through a common well bore, while segregating the production from each respective reservoir with a packer set in the well bore, shall conduct packer leakage tests immediately following the multiple completion of such wells and thereafter as the Director may require. The results of packer leakage tests shall be reported on Commission Form 12 within twenty (20) days following completion of the test.

038 FORM 13 – RELEASE 

   Operators may utilize Form 13 in securing a release of further plugging responsibility when a well thought capable of producing water for agricultural, domestic, industrial, or municipal use is disposed of as authorized by Rule 2-007.

039 FORM 14 – AUTHORIZATION TO TRANSPORT OIL AND/OR GAS FROM LEASE 

   Before any oil and/or gas may be sold, removed or transported from any unit or lease by any person, the owner shall file with the Director Form 14 – AUTHORIZATION TO TRANSPORT OIL AND/OR GAS FROM LEASE – and must secure the Director’s approval before proceeding with the sale, removal or transporting of any oil and/or gas which authority shall be effective until further notice or until revoked by the Director. No purchaser shall buy, remove or transport any oil and/or gas from any unit or lease until he has received an approved copy of Form 14. The Director shall revoke said authority if it is found that any fraud, deceit or misrepresentation was made to obtain the approval of said authority, or if any operator is in violation of any rule, regulation or order of the Commission. Said operator may apply for a new permit at any time said operator is in compliance with Sections 57-901 through 57-921, Revised Statutes Nebraska, 1943, and all rules and regulations and orders of the Commission. A new well is exempt from this rule for a period of thirty (30) days following completion.

040 INACTIVE WELLS 

   Whenever operations cease for a period of sixty (60) days on any well, the operator shall give notice to the Commission of the change to inactive status.

   040.01 If it is deemed necessary to prevent migration of oil, gas, water or other substances from the formation or horizon in which it originally occurred, the well shall be plugged or repaired. If the operations on any such inactive well are not resumed within a period of one (1) year after the notice has been given, the operator of the well shall plug and abandon the well in the manner prescribed by the Director. However, upon application prior to the expiration of the one (1) year period, and for good cause shown, the Director may extend the period for one (1) year, provided that the static fluid level is established and maintained at least one hundred fifty (150) feet below the lowest fresh water zone, or the casing is pressure tested to at least three hundred (300) pounds per square inch as measured at surface to prove mechanical integrity.

   040.02 Application for inactive well status must be submitted on a Form 4 and contain the following information:

      The type of well.

      The bottom hole assembly.

      Pressures as measured by gauge for:

         Tubing.

         Production casing annulus.

         Surface casing annulus.

      Static fluid level as measured from ground level.

         Method used to determine static fluid level.

         Date data was obtained.

      Information stating if any formations with reservoir pressures high enough to initiate flow into the lowermost freshwater aquifer exist.

   040.03 An additional one (1) year extension(s) may be granted in the same manner.

   FEE FOR INACTIVE WELL

      A yearly fee will be collected for each well that is inactive for two or more consecutive years. The operator will submit a fee for each well requested for inactive status. The fee structure is as follows:

         Inactive Period, Year(s) Fee

          0 to 2 $ 0/Year

          2 or more $200/Year

      The funds shall be used at the discretion of the Commission and the collection of fees may be reduced to five dollars ($5.00) per well at the discretion of the Director if previously collected funds prove sufficient to carry out the purposes of the Well Plugging and Abandonment Trust Fund.

041 WELL STIMULATION ACTIVITIES COVERED BY DRILLING PERMITS 

   Well completions which include hydraulic fracturing, acidizing, or other chemical stimulations done to complete a well are considered permitted under the drilling permit for that well.

042 HYDRAULIC FRACTURING 

   New and existing wells which will be stimulated by hydraulic fracturing must demonstrate suitable and safe mechanical configuration for the stimulation treatment proposed.

   042.01 Prior to the initiation of fracture stimulation, the operator must evaluate the well. If the operator proposes stimulation through production casing or through intermediate casing, the casing must be tested to the maximum anticipated treating pressure. If the casing fails the pressure test, it must be repaired or the operator must use a temporary casing/tubing fracturing string.

   042.02 If the operator proposes fracturing through a temporary casing/tubing string it must be stung into a liner or run on a packer set not less than one hundred (100) feet below the cement top of the production or intermediate casing and must be tested to not less than maximum anticipated treating pressure.

   042.03 Casing/tubing pressure test will be considered successful if the pressure applied has been held for ten (10) minutes with no more than a ten percent pressure loss.

   042.04 Maximum treating pressure shall not exceed the test pressure determined above.

   042.05 The surface casing valve must remain open while hydraulic fracturing operations are in progress. The annular space between the fracturing string and production casing must be monitored and may be pressurized to a pressure not to exceed the pressure rating of the lowest rated component that would be exposed to pressure should the fracturing string fail.

043 DISCLOSURE OF WELL STIMULATION FLUIDS 

   Within sixty (60) days of the hydraulic fracture stimulation is performed, the operator shall post on the FracFocus Chemical Disclosure Registry (FracFocus.org) all the elements made viewable by the FracFocus website.

044 PROPRIETARY CHEMICALS AND TRADE SECRETS 

   Where the formula, pattern, compilation, program, device, method, technique, process or composite of a chemical product is proprietary to the owner or operator, or service company and would if disclosed reveal methods or processes entitled to protection as trade secrets, such as a chemical, need not be disclosed to the Director or staff unless:

   044.01 If necessary to respond to a spill or release of a trade secret product, the operator or service company must provide to the Director upon request a list of the chemical constituents contained in a trade secret product. The Director may request information be provided orally directly to a laboratory or other third party performing analysis for the Commission. Commission staff and any third parties receiving trade secret information on behalf of the Commission may be required to execute a nondisclosure agreement.

   044.02 The operator or service company must provide the chemical constituents of a trade secret to a health professional who provides a written statement that knowledge of the chemical constituents of such product is needed for purposes of diagnosis or treatment of the individual being diagnosed or treated may have been exposed to the chemical concerned. The health professional may not use the information for purposes other than the health needs asserted in the statement of need and may be required to execute a nondisclosure agreement.

   044.03 Where a health professional determines that a medical emergency exists and the chemical constituents of a trade secret product are necessary for emergency treatment, the operator or service company shall immediately disclose the chemical constituents to a product to that health professional upon verbal acknowledgement by the health professional that such information shall not be used for purposes other than health needs asserted and that the health professional shall otherwise maintain the information as confidential.

   Statute: 57-905; 57-906; 57-907; 57-908; 57-919

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001 CLASSIFICATION OF UNDERGROUND INJECTION WELLS 

   001.01 Enhanced recovery injection well is a well which injects fluids to increase the recovery of oil and/or gas.

   A commercial enhanced recovery facility includes single or multiple wells that are specifically engaged in the business of underground injection of brine generated by third party producers for a fee or compensation. In addition, the produced brine must originate off-site as a result of oil and gas production operations only, and must be transported to the facility by tank truck.

   001.02 Disposal well is a well which injects for purposes other than enhanced recovery those fluids brought to the surface in connection with the production of oil and/or gas.

   A commercial disposal facility includes single or multiple wells that are specifically engaged in the business of underground injection of brine generated by third party producers for a fee or compensation. In addition, the produced brine must originate off-site as a result of oil and gas production operations only, and must be transported to the facility by tank truck.

002 APPROVAL OF ENHANCED RECOVERY INJECTION WELLS OR DISPOSAL WELLS 

   002.01 Commencement of waterflooding and other enhanced recovery operations involving the introduction of extraneous forms of energy into any reservoir, including cycling or recycling operations and the extraction and separation of liquid hydrocarbons from natural gas in connection therewith is permitted only upon order of the Commission.

   002.02 Underground disposal of salt water, brackish water or other water unfit for domestic, livestock, irrigation or other general uses is permitted only upon order of the Commission.

   002.03 All injection wells must have sufficient surface casing run to reach a depth below the base of all water sources that are less than three thousand (3,000) parts per million total dissolved solids or water sources that are or could be reasonably utilized as domestic fresh water unless those sources are exempted. Casing shall be sufficiently cemented to fill the annulus to the top of the hole.

   002.04 All injection wells shall be cased and the casing cemented in such a manner that damage will not be caused to oil and gas resources by any injection activity.

   002.05 Authorization for injection may be conditioned upon the applicant taking action to protect fresh water as may be specified by the Commission in its order.

   002.06 For wells converting from production to injection, the well must be remedially cemented behind the casing to protect any aquifers that contain from 3,000 mg/L to 10,000 g/L TDS to ensure that no fluid migration outside of the intended injection zone occurs.

003 AUTHORIZATION FOR EXISTING ENHANCED RECOVERY INJECTION WELLS AND EXISTING DISPOSAL WELLS 

   003.01 Each enhanced recovery injection well authorized under order of the Commission prior to the effective date of this rule is an existing enhanced recovery well. Injection is prohibited in any existing enhanced recovery well unless the operator has included that well on an injection well inventory submitted to the Commission within one (1) year following the effective date of this rule. The inventory of authorized existing injection wells shall include each well name and number, location, Commission order number, date of order, maximum authorized injection rate and maximum authorized injection pressure.

   003.02 Each disposal well being operated under order of the Commission prior to the effective date of this rule is an existing disposal well. Injection is prohibited into any existing disposal well unless the operator has included that well on an injection well inventory submitted to the Commission within one (1) year following the effective date of this rule. The inventory of authorized existing disposal wells shall include each well name and number, location, Commission order number or other authorization, date of order or authorization, maximum authorized injection rate and maximum authorized injection pressure.

   003.03 Each commercial facility well being operated under order of the Commission prior to the effective date of this rule is an existing commercial facility well. Commercial injection is prohibited within six (6) months following the effective date of this rule, unless the operator files with the Commission a list of that commercial well and the well or wells meets or exceeds the requirements set forth in this chapter.

004 APPLICATION FOR APPROVAL OF ENHANCED RECOVERY INJECTION AND DISPOSAL WELLS 

   004.01 Each application for the approval of a new enhanced recovery injection well or disposal well shall be filed and verified by a duly authorized representative of the operator. The original and six (6) copies of the application and one (1) complete set of attachments shall be furnished containing all the information required by these rules. More than one (1) well may be included on an application, provided, that such wells are associated with a single project or unit operation. An application for the approval of injection wells which are a part of a proposed enhanced recovery project or unit may be consolidated with the application for the approval of the enhanced recovery project or unit.

   004.02 The application for the initial approval of an enhanced recovery injection or disposal well or wells shall be accompanied by:

      004.02A A plat map showing all wells, including dry, abandoned or drilling wells shall be properly located and designated on said plat. In the case of an operation conducted subject to a unit agreement, the area affected shall be the area subject to such agreement, or that area within one-half (1/2) mile of each injection well, whichever is the greater distance.

      004.02B The names and addresses of each person owning a fee, leasehold, mineral or royalty interest within one-half (1/2) mile of each injection well or within the area required to be shown on the plat, whichever is the greater.

      004.02C A full description of the particular operation for which approval is sought.

      004.02D The names and addresses of the operator or operators of the project.

      004.02E If the wells have been drilled, a copy of each completion report and any available electric or radioactivity logs.

      004.02F A schematic diagram of each well showing:

         004.02F1 The total depth or plug-back of the well.

         004.02F2 The depth of the injection or disposal interval.

         004.02F3 The geological name of the injection or disposal zone.

         004.02F4 A geologic description of the injection or disposal zone including the location and extent of any known faults or fracture systems.

         004.02F5 The depths of the tops and bottoms of the casing and cement to be used in the well.

         004.02F6 The size and specifications of the casing and tubing, and the setting depth and type of packer, if used.

      004.02G Information showing that injection into the proposed zone will not initiate vertical fractures into or through the overlying strata which could enable the injected fluids or formation fluids to enter any fresh water strata.

      004.02H Information that no unplugged wells exist which will allow the migration of the injected fluids or formation fluids to enter any fresh water strata.

      004.02I Information regarding the fracture pressures of the injection zone and the overlying strata, including the source of such information.

      004.02J Proposed operating data:

         004.02J1 Maximum designed or proposed daily injection rates and injection pressures.

         004.02J2 The source of any fluids to be injected.

         004.02J3 Analysis of a representative sample of the fluids to be injected.

         004.02J4 Analysis of fresh water from two or more freshwater wells within one mile of the proposed injection well showing the location of the wells and the dates the samples were collected, or a statement why samples were not submitted.

         004.02J5 Geological name of the lowest freshwater zone, if known, and the depth to the base of the freshwater zone.

         004.02J6 The vertical distance separating top of the injection zone and the base of the lowest freshwater strata.

   004.03 For previously authorized units or projects, the names and addresses of each person owning a fee, leasehold, mineral or royalty interest within one-half (1/2) mile of each new injection well shall be shown on the plat.

   004.04 The Commission shall require, upon receipt of a Class II commercial underground injection well permit application, that notice be provided to the county, city or village and natural resources district within which the proposed well would be located and shall provide such county, city or village and natural resources district with copies of all permit application materials.

   004.05 The Commission shall review all proposed wells to ensure they are in compliance with the bonding requirements stated in Chapter 3-004 and may periodically re-evaluate the financial requirements to determine if adequate.

005 NOTICE OF HEARING 

   005.01 Upon filing of an application, the Commission shall issue notice thereof, as provided by the Act and these regulations. Said application shall be set for public hearing at such time and place as the Commission may fix.

   005.02 In addition to the notice required by law, notice of the application and the time and place of hearing shall be given by the applicant by certified mail or by delivering a copy of the notice to each person owning a fee, leasehold, mineral or royalty interest within the secondary recovery project area or within one-half (1/2) mile of the injection well, whichever is the greater. For previously authorized units or projects, the operator(s) of record owning adjacent secondary recovery unit or project within one-half (1/2) mile of each new injection well shall be noticed. A copy of such notice shall be filed with the Commission, and the applicant shall certify that notice by certified mail or by delivery to each person has been accomplished at least fifteen (15) calendar days prior to the hearing.

   005.03 In the event no person required to be notified, or the Commission itself files a written objection to the application within ten (10) days of the date of the notice, the application shall be granted; but if any person or the Commission itself files written objection within ten (10) calendar days of the notice, then a hearing shall be held.

   005.04 No notice is necessary to any person who has consented to the proposed installation in writing.

   005.05 An order authorizing an injection well will expire and become null and void if the authorized well or wells are not completed or converted to injection within one (1) year from the date of the order.

   005.06 The Commission may conduct public information meetings and forums for public interaction on Class II commercial underground injection well permit applications under the jurisdiction of the Commission.

006 OPERATING REQUIREMENTS FOR ENHANCED RECOVERY INJECTION AND DISPOSAL WELLS 

   006.01 Initial Requirements:

      006.01A Each enhanced recovery injection well or disposal well shall be completed, equipped, operated and maintained in a manner that will prevent pollution of fresh water or damage to sources of oil and/or gas and will confine injected fluids to the formation or zones approved.

      006.01B Injection of any substance shall be through adequate casing or casing and tubing. Annular injection is prohibited. Above ground extensions shall be installed in each annulus in the well and each injection tubing or casing. Such extensions shall be fitted with a cut-off valve and a one-fourth (1/4) inch female fitting to provide for pressure monitoring by attaching a gauge having a one-fourth (1/4) inch male fitting.

         006.01B1 Each commercial facility well must be equipped with tubing and packer.

      006.01C Before operating a new well drilled or converted for enhanced recovery injection or disposal, the casing shall be tested under the supervision of the Director.

      006.01D For all Salt Water Disposal (SWD) wells, the operator shall monitor and record actual injection pressure and each annulus pressure at least once each week and report such monitoring monthly.

      006.01E For all Enhanced Oil Recovery (EOR) wells, the operator shall monitor and record actual injection pressure and each annulus pressure at least once each month and report such monitoring monthly.

      006.01F Each well or group of wells which inject fluids under pressure utilizing a positive displacement pump shall have installed both high pressure and low pressure safety switches which will shut down the pump in case of pressure increase over the authorized pressure or sudden pressure loss.

      006.01G All commercial facility sites must be physically secured at all times. The Director will determine if a site is secure. The Commission recommends that sites be secured by either of the following:

         Complete enclosure of all wells, tanks/pits and wellhead assemblies within suitable fencing; and/or

         All gates and other entry points shall be locked when the facility is unattended; and/or

         Provide tamper-proof seals or locks for the “master” valve on each well; and/or

         Install locking caps on all valves and connections on holding tanks and headers.

      006.01H An operator of a Class II commercial underground injection well shall submit a copy of the fluid analysis to the Commission at least annually.

      006.01I An operator of a Class II commercial underground injection well shall sample and analyze the fluid injected into each well at sufficiently frequent time intervals to yield data representative of fluid characteristics, but not less than once annually.

      006.01J The packer must be set inside a cemented interval and be set less than one hundred and fifty feet (150’) above the top perforated interval or open hole section.

   006.02 Mechanical Integrity Pressure or Monitoring Test Requirements:

   The following pressure or monitoring test must be performed on all new and existing enhanced recovery injection wells and disposal wells to periodically establish the mechanical integrity of the casing, and tubing and packer, if used.

      006.02A Pressure Test: All new enhanced recovery injection wells and disposal wells authorized by the Commission after February 3, 1983, shall have the casing pressure tested prior to use and thereafter no less than once each five (5) years. Wells with tubing and packer installed shall have the tubing-casing annulus pressure tested to a pressure of three hundred (300) pounds per square inch. Wells without tubing and packer installed shall be tested to a pressure equal to one hundred twenty-five (125) percent of the maximum authorized injection pressure or at a pressure of three hundred (300) pounds per square inch, whichever is greater. Existing injection wells shall be tested not less than once each five (5) years. Casing pressure tests shall be conducted under the supervision of the Director.

      006.02B On existing injection wells without tubing and packer, the operator shall demonstrate the absence of fluid movement in vertical channels adjacent to the injection well bore by the use of tracer surveys, noise logs, temperature surveys or other tests or combination of tests approved by the Director, at least once each three (3) years. Such tests shall be run under the supervision of the Director.

      006.02C All commercial wells must have annual pressure tests to establish the mechanical integrity of the casing, tubing and packer. Casing pressure tests shall be conducted under the supervision of the Director.

007 MONITORING AND REPORTING REQUIREMENTS FOR ENHANCED RECOVERY INJECTION AND DISPOSAL WELLS 

   007.01 Immediately upon the commencement of injection operations, the operator shall notify the Commission of the date on which injection was commenced.

   007.02 Within ten (10) days after the discontinuances of injection operations, the operator shall notify the Commission of the date of such discontinuance and the reasons therefore.

   007.03 Except as may otherwise be required, the operator shall monitor injection pressure and injection rate of each injection well on a monthly basis and report the results on Form 11. Units or projects with more than one injection well may utilize manifold monitoring.

   007.04 Mechanical failures or downhole problems which indicate an enhanced recovery injection well or disposal well is not, or may not be, directing or containing the injected fluid into the permitted or authorized injection zone is cause to shut-in the well. If said condition may endanger fresh water sources, the operator shall orally notify the Director within twenty-four (24) hours. Written notice of the failure shall be submitted to the Director within five (5) days of the occurrence together with a plan for repairing and testing the well. Results of the repair and testing shall be reported to the Director and approved before further injection is commenced.

      007.04A If a well poses a substantial risk to a protected aquifer, then repairs or plugging and abandonment shall be initiated within ninety (90) days of the failure date. However, under certain conditions, that date may be extended by the Director.

      007.04B Wells which lack mechanical integrity but do not pose a substantial risk shall be repaired or plugged and abandoned within two hundred seventy (270) days of the failure date. However, if the operator has the ability to monitor the well, then the Director may allow the well to be shut-in.

   007.05 Enhanced recovery injection wells and disposal wells shall be plugged and abandoned in accordance with the provisions of Rule 3-028.

   007.06 007.06 The Director or agent can require the sampling and analysis of the fluids to be injected as deemed necessary.

008 DURATION OF UNDERGROUND INJECTION WELL ORDERS 

   008.01 Orders authorizing injection into enhanced recovery injection wells and disposal wells shall remain valid for the life of the well, unless revoked by the Commission for cause.

   008.02 An order granting underground injection may be modified, revoked and reissued, or terminated during its term for cause, after notice and hearing, upon the request of any interested person or at the Commission’s initiative. All requests filed requesting review of any order authorizing underground injection shall be in writing and shall contain facts or reasons supporting such request.

   008.03 Upon receipt of a request to modify or revoke an order authorizing underground injection, the Commission shall promptly set the matter for hearing and may revoke, modify and reissue said order if:

      008.03A There is a substantial change of conditions in the enhanced recovery injection well or the disposal well operation, or there are substantial changes in the information originally furnished.

      008.03B Information shows that the permitted operation will have adverse cumulative effects on the environment.

      008.03C Information shows that the operation is not in accordance with the order authorizing the injection.

009 TRANSFER OF AUTHORITY TO INJECT 

   An order authorizing an enhanced recovery injection well or disposal well shall not be transferred from one operator to another without the approval of the Director. Prior to transfer of ownership of any injection well or change of operator, the new operator shall file written notice of such change with the Commission on Form 4 showing the proposed date of transfer along with proof of compliance with the bonding provisions of Rule 3-004.    009.01 The class II permits are considered expired once an applicant applies for a transition from Class II to Class VI injection wells. The operator must apply for and obtain a Class VI geologic sequestration permit.

   Statute: 57-905; 57-910; 57-911

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001 An application for an order for the unit operations of a pool, pools, or parts thereof and for the pooling of the interests in the oil and gas in the proposed unit area shall contain:

   001.01 A plat outlining the area which will be affected by the proposed operation and showing all governmental quarter sections or lots equivalent thereto directly or diagonally offsetting said area. The names of the owner or operator of each separate tract of land shall be shown, and all wells, including dry, abandoned or drilling wells shall be properly located and designated on said plat. In the case of an operation conducted subject to a unit agreement, the area affected shall be the area subject to such agreement.

   001.02 The names and addresses of each owner as defined by the Act, or operator as shown by the Commission records, of lands within the area which will be affected by the operation and of lands directly or diagonally offsetting said area.

   001.03 A full description of the particular operation for which approval is sought.

   001.04 The names and addresses of the operator or operators of the project.

   001.05 The formation or formations from which all wells are producing or have produced.

   001.06 The name, depth and description of the reservoir, reservoirs, pool, pools or parts thereof to be so operated.

   001.07 The names of all persons owning or having an interest in the oil and gas in the proposed unit area or the production therefrom, including mortgagees and the owners of other liens or encumbrances, as disclosed by the public records in the county in which the unit area is situated and their addresses, if known. If the name or address of any person is unknown, the application shall so indicate.

   001.08 A proposed plan of unitization applicable to the proposed unit area which the petitioner considers fair, reasonable and equitable.

   001.09 A proposed operating plan covering the manner in which the unit will be supervised and managed and costs allocated and paid, unless all owners within the unit area have already executed an operating agreement covering such supervision, management and allocation and payment of costs.

002 A hearing on an application filed under Chapter 4 and a hearing on an application filed under this rule may be consolidated for the purpose of hearing and taking testimony if a part of the testimony in one matter is also material in the other. Separate orders may be entered on each application.

   Statute: 57-901; 57-905; 57-910; 57-911

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001 SCOPE AND APPLICATION OF RULES 

   001.01 Scope of Rules

   These rules shall be known and designated as “Rules of Practice and Procedure before the Oil and Gas Conservation Commission of the State of Nebraska,” in all proceedings relating to the conservation of oil and gas in the State of Nebraska and to the administration of the Act and all proceedings relating to the geologic storage of carbon dioxide and to the administration of the GS Act.

002 WHO MAY INSTITUTE PROCEEDINGS 

   002.01 Proceedings Instituted by Commission and Any Interested Person

   The Commission, upon its own motion, or any interested person, may institute proceedings upon any question relating to the conservation of oil and/or gas or to the administration of the Nebraska Oil and Gas Conservation Act.

003 PARTIES 

   003.01 Petitioner

   The Commission entering its order to show cause or entering its order to initiate a proceeding, or a party other than the Commission instituting a proceeding, shall be known as the Petitioner.

   003.02 Respondent

   Any party against whom a proceeding is instituted shall be known as Respondent.

   003.03 Intervener

   Any party not designated as a petitioner or respondent shall be known as an Intervener.

004 INSTITUTION OF PROCEEDINGS 

   004.01 Copies

   All proceedings, except those initiated by the Commission on its own motion, shall be instituted by filing six (6) copies of a typewritten or printed application, petition or complaint. An additional copy shall be filed for each party named as a respondent. One (1) copy of the application, petition or complaint shall be mailed by the Secretary to each other party or his attorney of record, if the address of such other party is known or can be determined. One (1) copy shall be mailed to any other person requesting same in writing.

   004.02 Promulgation, Amendment or Repeal of Rules

   Any interested person requesting the promulgation, amendment or repeal of any rule adopted by the Commission shall file an application or a petition therefore, in number as set forth in Rule 6-004.01. The procedure for the submission, consideration and disposition thereof shall be the same as in other proceedings commenced by any interested person before the Commission.

   004.03 Filing and Docketing

   When a proceeding is instituted, the Secretary of the Commission shall assign it a number and enter the proceeding with the date of its filing or the date of the entry of the Commission order instituting such proceeding, on a separate page of a docket provided for such purpose. All pleadings offered subsequent to the institution of a proceeding shall be noted with the date of filing upon the docket page of said proceeding or a continuation thereof.

   004.04 Additional Copies

   The Secretary may at any time require the party filing, or offering for filing, a pleading to furnish such additional copies of the same as may be deemed necessary.

   004.05 Execution

   In any proceeding instituted on motion of the Commission, the original application, complaint or order to show cause must be signed by at least two (2) members of the Commission. Any other original application, petition or complaint shall be signed by the person filing it, or his attorney, with mailing address shown.

   004.06 Representation by Attorneys

   Any attorney duly authorized to practice law before the courts of record of any other state shall, upon motion, be admitted to practice before the Commission, provided it shall appear to the Commission that he has associated and appearing with him in any proceeding before the Commission an attorney who is a resident of Nebraska and regularly admitted to practice in the State of Nebraska.

   004.07 Cost of Hearing

   A petition filed with the Commission for a public hearing shall be accompanied by a filing fee of twelve hundred dollars ($1200.00).

005 FORM OF PLEADINGS 

   005.01 Application, Petition or Complaint

   Each original pleading shall show the venue “Before the Nebraska Oil and Gas Conservation Commission” and shall contain a heading showing the names of the petitioner and the respondents, if any. Such pleadings shall be drawn so as to fully and completely advise the Commission in plain language of all of the pertinent facts involved and shall state concisely the matters complained of and what relief or action is sought from the Commission.

   005.02 Answers, Protest, Notice of Protest

   Any interested person may appear at the hearing and support, protest or otherwise be heard concerning any such matter provided that any person desiring to protest the granting of the petition shall, at least five (5) days prior to the date of the hearing, file a written protest with the Commission, which shall briefly state the basis of the protest. Any person who files a protest with the Commission shall at the same time serve a copy thereof on the person filing the petition. Such service shall be made by mailing a copy of the protest, postage prepaid, to the petitioner.

006 NOTICE OF HEARING 

   006.01 Time of Notice; Emergency Orders

   Before any rule, regulation, or order, or amendment thereof, shall be made by the Commission, there shall be held a public hearing upon at least thirty (30) days notice at such time and place as may be prescribed by the Commission and any interested person shall be entitled to be heard, except that when an emergency requiring immediate action is found by the Commission to exist, the Commission may issue an emergency order, without notice of hearing, which shall be effective upon promulgation but shall remain effective for no more than thirty (30) days.

   006.02 Manner of Notice and Contents

   When a proceeding has been instituted, either by the Commission on its own motion or by a party, the Commission shall cause notice of the hearing before the Commission to be given by personal service or by one publication in a newspaper of general circulation in each county where the land affected, or some part thereof, is situated. Said notice shall be issued in the name of the State of Nebraska, shall be signed by a member of the Commission or the Secretary of the Commission and shall specify the style and number of the proceeding, the time and place of the hearing, the purpose of the proceeding and the issues involved.

   006.03 Notice by Personal Service

   Should the Commission elect to give notice by personal service as provided in Rule 6-006.02, such service may be made by any officer authorized to serve summons, or by any agent of the Commission, in the same manner and extent as is provided by law for the service of summons in civil actions in the District Courts in this State. Proof of Service by such agent shall be by his affidavit and Proof of Service by any officer shall be in the form required by law with respect to service of process in civil actions.

   006.04 Service of Notice in Special Proceedings

      006.04A In all cases where

         006.04A1 there is an application for the entry of a pooling order under Section 57-909 R.S. Nebraska, or

         006.04A2 there is an application for the entry of a unitization order under Section 57-910 to 57-910.12 R.S. Nebraska, notice of the hearing to be held on such application shall be served on the interested parties as hereinafter defined by certified mail at least thirty (30) days prior to the date of the hearing.

      For the purpose of pooling applications filed under Section 57-909, the term, “interested parties,” shall mean those persons who own any oil or gas leasehold, mineral or royalty interest in the tracts to be pooled.

      For the purpose of unitization applications filed under Section 57-910 to 57-910.12, the term, “interested parties,” shall mean those persons whose names are required to be set forth in the application.

      For the purpose of Carbon Dioxide Storage, the term “interested parties” shall mean those persons that own the Reservoir estate.

      006.04B In all cases where a complaint is made to the Commission that any provision of the Act, or the GS Act, or any rule, regulation, or order of the Commission is being violated, notice of the hearing to be held on such complaint, or order to show cause, shall be served on the interested parties, as hereinafter defined, in the same manner as is provided in the Rules of Civil Procedure for the service of process in civil actions in the District Courts in this State, as the same may be implemented, interpreted and made specific by the Commission.

      In such cases the party or parties complained against and such other persons as the Commission finds may be affected by the act, or GS Act complained of shall be deemed the interested party or parties.

      006.04C In all cases where there is an application for an exception to an established well spacing pattern, in addition to notice of hearing as required by the Act, or GS Act, the applicant shall serve notice of hearing upon all interested parties by certified mail. The term “interested parties” shall mean those persons who own any leasehold, mineral or royalty interest in contiguous or cornering tracts of the size established in the existing spacing pattern. Applicant shall file a certificate showing the names and addresses of the interested parties, as above defined, upon whom notice has been or is being served.

         006.04C1 The Commission may on its own motion establish temporary spacing for wildcat reservoirs after notice and hearing. Notice in such cases shall be by publication in the legal newspaper of the county where the discovery is located.

      006.04D In all cases where there is an application for the approval of the commencement of an enhanced recovery project, or approval of any injection well under Chapter 4, in addition to any notice provided for in Rule 6-006.02, notice of the filing of such application shall be given by the applicant by certified mail or by personal delivery of a copy of the said notice to each person owning a fee, leasehold, mineral or royalty interest within the area which will be affected by the operation and of lands directly or diagonally offsetting said area or within one-half (1/2) mile of a proposed injection well, whichever is greater. Such notice shall state the time and place of hearing. Proof of the mailing or service of such notice shall be made by affidavit which shall be filed with the Commission.

      006.04E All notices required by this Rule shall be given as soon as practicable after the filing of the application, but in any event at least fifteen (15) days prior to the date of hearing. Service of notice shall be deemed complete as of the date of mailing.

      006.04F All notices required by this Rule shall contain the following statements: “Any person desiring to protest the granting of the application shall, at least five (5) days prior to the date of the hearing, file a written protest with the Commission, which shall briefly state the basis of the protest. Any person who files a protest with the Commission shall at the same time serve a copy thereof on the person filing the application. Such service shall be by mailing a copy of the protest, postage prepaid, to the applicant. Complete copies of the application in the above-styled cause may be obtained from the Nebraska Oil and Gas Conservation Commission, P. O. Box 399, Sidney, Nebraska 69162.”

      006.04G In all cases where there is an application for Geologic Storage, in addition to notice of hearing as required by the Act, the applicant shall serve notice of hearing upon all interested parties. The term “interested parties” shall mean those persons who own any reservoir estate, leasehold, mineral, royalty interest and land overlying the storage reservoir and within one-half mile of the storage reservoir boundaries. Applicant shall file a certificate showing the names and addresses of the interested parties, as above defined, upon whom notice has been or is being served.

      006.04H In all cases where there is an application for Geologic Storage, the notice of hearing shall include a statement that amalgamation of all storage reservoir estates is required to operate the storage facility, that the commission may require that the storage reservoir estates owned by nonconsenting owners be included in the storage facility and subject to geologic storage, and that the amalgamation of storage reservoir estates will be considered at the hearing.

   006.05 Additional Notices

   When any proceeding other than those referred to in Rules 6-004.01 and 6-006.04 has been instituted in addition to the service or publication of the notice of hearing as required by the Act, or the GS Act, the applicant shall mail to each respondent or interested party and to all persons who have requested notification of such proceeding, as provided in Rule 6-006.06, a written notice of hearing. The term “Interested Party” shall mean those persons who own any leasehold, mineral or royalty interest in the lands affected.

   006.06 Request for Notices

   Any person desiring notification by mail from the Secretary of the hearings before the Commission shall request same in writing by filing with the Secretary his name and address and designating the area or areas in which interested and as to which he desires to receive such notices.

007 HEARINGS 

   007.01 Examiners

   The Commission may appoint one or more examiners who may conduct any of its hearings in accordance with Section 57-905(12). All hearings may be set for hearing before an Examiner except:

      007.01A Matters which the Commission or the Director believes should be heard before the Commission.

      007.01B Matters in which the application or a motion pursuant to which the hearing is held specifically requests that the hearing be heard before the Commission; provided that such motion is filed at least five (5) days prior to the hearing.

      007.01C Matters involving the adoption or change of any rule or regulation.

      007.01D Matters initiated on the motion of the Commission for the enforcement of any rule, regulation, order or statutory provision.

   007.02 Continuances

   Any party who desires a continuance shall, immediately upon receipt of notice of the hearing or as soon thereafter as facts requiring such continuance come to his knowledge, notify the Commission in writing of said desire, stating in detail the reasons why such continuance is necessary. Any such party may be required to submit affidavits in support of such request. The Commission or its examiners, in passing upon a request for continuance, shall consider whether such request was promptly made. For good cause shown, a continuance not to exceed thirty (30) days may be granted without the necessity of notice in addition to the original notice of hearing. The Commission or its examiners may at any time order a continuance on its own motion. Only under exceptional circumstances will requests for continuance of a hearing be considered unless submitted at least seven (7) days prior to the hearing date. The Secretary shall notify all interested parties immediately of the granting of a continuance.

   007.03 Conduct of Hearings; Transcript

   A transcript of the testimony shall be made and upon request and payment therefor a copy thereof will be furnished any person requesting the same. Any person testifying in response to a subpoena issued by the Commission or its examiners and any person testifying in support of any application or a petition or a complaint or a motion, or in opposition thereto, shall be required to do so under oath or affirmation which may be administered by any member of the Commission or its examiners.

   007.04 Quorum

   Two (2) members of the Commission constitute a quorum for the transaction of business.

   007.05 Presentation and Consideration of Evidence

   Full opportunity shall be afforded all persons registering their appearances to present evidence in support of their case or defense by oral or documentary evidence, to submit rebuttal evidence and to conduct such cross-examination as may be required for a full and true disclosure of facts. Any evidence which is not irrelevant, immaterial, incompetent or unduly repetitious may be received and made a part of the record in the case, including records and documents in the possession of the Commission of which it desires to avail itself. No other factual information or evidence will be considered in the determination of a case.

   Documentary evidence may be received in the form of copies or excerpts or by incorporation by reference.

   007.06 Judicial Notice

   The Commission or its examiners may take notice of judicially cognizable fact and in addition may take notice of general, technical or scientific facts within their specialized knowledge. Parties shall be notified either before or during the hearing or by reference in preliminary reports, or otherwise, of the material so noticed. They shall be afforded an opportunity to contest such facts and material so noticed. The Commission or its examiners may utilize their experience, technical competence and specialized knowledge in evaluating the evidence and may give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent men in the conduct of their affairs.

   007.07 Subpoenas and Production of Records

   The Commission or its examiners may upon its own motion or upon application of any interested party issue subpoenas requiring attendance of witnesses and the production of books, papers and other instruments to the same extent and in the same manner and in accordance with the procedure provided in the Nebraska Rules of Civil Procedure which authorizes issuance of subpoenas by Clerks of the District Courts.

   007.08 Depositions

   Depositions may be taken by the Commission or its examiners or by parties to a proceeding and used before the Commission in the same manner and under the same conditions prescribed in the Nebraska Rules of Civil Procedure relating to the taking and using of depositions in the Courts of this State.

   007.09 Disposition by the Commission or its examiners may be made of any contested case by stipulation, agreed settlement, consent order or default.

   007.10 Registration of Appearances of Hearings

   All persons who wish to speak for the record at any public hearing before the Commission or its examiners shall register their appearance at the door on a form to be provided by the Commission. Other persons present may register their appearance. The registration form when completed shall be handed to the reporter whose duty it shall be to see that each person desiring to speak has completed and deposited with him such form. The registration form shall contain spaces for the following information: (1) name, (2) address, (3) person the registrant is representing, (4) capacity in which the registrant appears and (5) the interest of the registrant in the proceeding. Such registration form must be signed. Below the signature there shall be a space for registrant to indicate that he wishes to order a copy of the transcript and will pay the cost of making such copy. The request for a copy of the transcript may be completed at the conclusion of the hearing or such later time as may be agreeable. At the conclusion of the hearing all registration cards shall be kept as a part of the record.

008 ORDERS AND DECISIONS 

   008.01 Time of Entry; Contents

   The Commission or its examiners shall enter its order within thirty (30) days after the hearing and cause the same to be indexed in books to be kept for that purpose. Every decision and order adverse to a party to the proceeding, rendered by the Commission or its examiners in a contested case, shall be in writing and accompanied by findings of fact and conclusions of law. The findings of fact shall consist of a concise statement of the conclusions upon each contested issue of fact. Parties to the proceeding shall be notified of the decision and order in person or by mail. A copy of the decision and order and accompanying findings and conclusions shall be delivered or mailed upon request to each party or his attorney of record.

   008.02 Any person having an interest in property affected by an order issued by an examiner and who is dissatisfied with such order may appeal to the Commission by filing a petition on appeal to the Commission within fifteen (15) days of the entering of the examiner’s order. The Commission shall hold a hearing on the appeal within forty-five (45) days of the filing of an appeal to the Commission and issue its order within fifteen (15) days after the hearing.

   008.03 Quantum of Proof Required

   No decision shall be rendered, sanction imposed or rule or order issued except on consideration of the whole record or such portions thereof as may be cited by any party and is supported by and in accordance with a preponderance of the reliable probative and substantial evidence.

   008.04 Proceedings for Re-Hearing

   No applications or proceedings for re-hearing before the Commission shall be filed except in accordance with Section 57-905(12).

   008.05 Briefs

   The Commission or its examiners may require the submission of briefs, and any party desiring to submit a brief may do so. The parties shall indicate at the close of the testimony whether they desire to file briefs and the subject matter proposed to be covered. The time for filing briefs will be fixed by the Commission or its examiners. Briefs shall be double spaced except for citations. Five (5) copies shall be filed with the Commission and one (1) copy served upon each party to the proceeding or his attorney of record requesting the same.

   Statute: 57-905; 57-911

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DEFINITIONS. The terms used throughout this chapter have the same meaning as in Title 267 Chapter 1 and Nebraska Revised Statutes 57-1601, as included here with additional terms.

  01. COMMISSION means the Nebraska Oil and Gas Conservation Commission.
  02. For propose of this chapter “ABANDONED WELL” means a well whose use has been permanently discontinued or which is in a state of disrepair such that it cannot be used for its intended purpose or for observation purposes.
  03. “ACTIVITY” means any activity related to the geologic storage of carbon dioxide subject to regulation under this chapter and Neb Rev Stat 57-1601 et seq.
  04. “APPLICABLE UNDERGROUND INJECTION CONTROL PROGRAM” for each class of storage facility injection well means the program, or most recent amendment thereof, for that class of well in Nebraska as provided by federal law;
  05. “AQUIFER” means a geological formation, group of formations, or part of a formation that is capable of yielding a significant amount of water to a well, spring, or other point of discharge.
  06. “AREA OF REVIEW” means the region surrounding the geologic storage project where underground sources of drinking water may be endangered by the injection activity.
  07. “BOND RATING” means a rating assigned to any long-term senior secured indebtedness issued by or on behalf of the storage operator, including any indebtedness issued by any governmental authority with respect to which the storage operator is obligor.
  08. “CARBON DIOXIDE PLUME” means the extent underground, in three dimensions, of an injected carbon dioxide stream.
  09. “CARBON DIOXIDE STREAM” means carbon dioxide from anthropogenic sources, plus incidental associated substances derived from the source materials and the production or capture process, and any substances added to the stream to enable or improve the injection process if such substances will not compromise the safety of geologic storage and will not compromise those properties of a storage reservoir which allow the reservoir to effectively enclose and contain the stored carbon dioxide stream; This does not apply to any carbon dioxide stream that meets the definition of a hazardous waste.
  10. “CASING” means a pipe or tubing of varying diameter and weight, which is installed into a well to maintain the structural integrity of that well.
  11. “CLOSURE PERIOD” means that period from permanent cessation of carbon dioxide injection until the commission issues a certificate of project completion.
  12. “CONFINING ZONE” means a geologic formation, group of formations, or part of a formation stratigraphically overlying the injection zone that acts as a barrier to fluid movement. For injection wells operating under an injection depth waiver, confining zone means a geologic formation, group of formations, or part of a formation stratigraphically overlying and underlying the injection zone.
  13. “CONTAMINANT” means any physical, chemical, biological, or radiological substance or matter in water.
  14. “CORRECTIVE ACTION” means the use of commission-approved methods to ensure that wells within the area of review do not serve as conduits for the movement of fluids into underground sources of drinking water.
  15. “DIRECTOR” shall mean Director or authorized agent of the Oil and Gas Conservation Commission of the State of Nebraska.
  16. “EXEMPTED AQUIFER” means an “aquifer” or its portion that meets the criteria in the definition of “underground sources of drinking water” but which has been exempted by the Director.
  17. “FACILITY AREA” means the ground surface areal extent of the storage reservoir.
  18. “FAULT” means a surface or zone of rock fracture along which there has been displacement.
  19. “FLOW LINES” means pipelines transporting carbon dioxide from the carbon dioxide injection facilities to the wellhead.
  20. “FLUID” means any material or substance which flows or moves, whether in a semisolid, liquid, sludge, gas, or any other form or state.
  21. “FORMATION” means a body of rock characterized by a degree of lithologic homogeneity which is prevailingly, but not necessarily, tabular and is mappable on the earth’s surface or traceable in the subsurface.
  22. “FORMATION FLUID” means fluid present in a formation under natural conditions as opposed to introduced fluids.
  23. “FORMATION FRACTURE PRESSURE” means the pressure, measured in pounds per square inch, which, if applied to a subsurface formation, will propagate fractures in that formation.
  24. “GEOLOGIC SEQUESTRATION OR STORAGE” means the emplacement of a gaseous, liquid, or supercritical carbon dioxide stream in a geologic storage reservoir. This term does not apply to carbon dioxide capture or transport.
  25. “GEOLOGIC STORAGE PROJECT” means an injection well or wells used to emplace a carbon dioxide stream beneath the lowermost formation containing underground sources of drinking water; or, wells used for geologic storage that have been granted a waiver of the injection depth requirements; or, wells used for geologic storage that have received an expansion to the areal extent of an existing enhanced oil or gas recovery exempted aquifer. It includes the subsurface three-dimensional extent of the carbon dioxide plume, as well as the associated pressure front.
  26. “GEOLOGIC STORAGE” means the permanent or short-term underground storage of carbon dioxide streams in a storage reservoir;
  27. “GROUND WATER” means water occurring beneath the surface of the ground that fills available openings in rock or soil materials such that they may be considered saturated.
  28. “INJECTION WELL” means a nonexperimental well used to inject carbon dioxide into or withdraw carbon dioxide from a reservoir.
  29. “INJECTION ZONE” means a geologic formation, group of formations, or part of a formation that is of sufficient areal extent, thickness, porosity, and permeability to receive carbon dioxide through a well or wells associated with a geologic storage project.
  30. “MECHANICAL INTEGRITY” means the absence of significant leakage within an injection well’s tubing, casing, or packer (internal mechanical integrity), or outside of the casing (external mechanical integrity).
  31. “MINERALS” means coal, oil, and natural gas.
  32. “MODEL” means a representation or simulation of a phenomenon or process that is difficult to observe directly or that occurs over long timeframes. Models that support geologic storage can predict the flow of carbon dioxide within the subsurface, accounting for the properties and fluid content of the subsurface formations and the effects of injection parameters.
  33. “OPERATIONAL PERIOD” means the period during which injection occurs.
  34. “PACKER” means a device lowered into a well, which can be expanded or compressed to produce a fluid-tight seal.
  35. “PERMIT” means a permit issued by the commission under the Nebraska G S Act allowing a person to operate a storage facility;
  36. “PERSON” means an individual, association, partnership, corporation, municipality, state, federal, or tribal agency, or an agency or employee thereof.
  37. “PLUG OR PLUGGING” means the act or process of sealing the flow of fluid into or out of a formation through a borehole or “well” penetrating that formation.
  38. “POSTCLOSURE PERIOD” means that period after the commission has issued a certificate of project completion.
  39. “POSTINJECTION SITE CARE” means appropriate monitoring and other actions, including corrective action, needed following cessation of injection to ensure that underground sources of drinking water are not endangered. Postinjection site care may occur in the closure or postclosure periods.
  40. “PRESSURE” means the total load or force per unit area acting on a surface.
  41. “PRESSURE FRONT” means the zone of elevated pressure and displaced fluids created by the injection of carbon dioxide into the subsurface. The pressure front of a carbon dioxide plume refers to a zone where there is a pressure differential sufficient to cause the movement of injected fluids or formation fluids from the injection zone.
  42. “PROJECT COMPLETION” means the point in time, as determined by the commission at which the certificate of project completion is issued and the storage operator is released from all regulatory requirements associated with the storage facility.
  43. “RESERVOIR” means a subsurface stratum, formation, cavity, or void, whether natural or artificially created, suitable for or capable of receiving through a well and geologically storing a carbon dioxide stream;
  44. “RESERVOIR ESTATE” means ownership of any portion of a storage reservoir;
  45. “SCHEDULE OF COMPLIANCE” means a schedule of remedial measures included in a ‘‘permit,’’ including an enforceable sequence of interim requirements (for example, actions, operations, or milestone events) leading to compliance with the ‘‘appropriate Act and regulations.’’
  46. “SITE” means the land or water area where any ‘‘facility or activity’’ is physically located or conducted, including adjacent land used in connection with the facility or activity.
  47. “SITE CLOSURE” means the point/time, as determined by the Director following the requirements, under the applicable underground injection program at which the owner or operator of a geologic storage site is released from post-injection site care
  48. “STRATUM” (strata plural) means a single sedimentary bed or layer, regardless of thickness, that consists of generally the same kind of rock material.
  49. “STORAGE FACILITY” means the storage reservoir, underground equipment, and surface facilities and equipment used or proposed to be used in a geologic storage operation. The term includes the injection well and equipment used to connect the surface facility and equipment to the storage reservoir and underground equipment. The term does not include pipelines used to transport carbon dioxide to the storage facility.
  50. “STORAGE OPERATOR” means a person holding or applying for a permit under the GS Act.
  51. “STORAGE RESERVOIR” means the reservoir proposed, authorized, or used for storing one or more carbon dioxide streams pursuant to a permit. The term does not include reservoirs used for purposes other than storage of carbon dioxide streams.
  52. “SUBSURFACE OBSERVATION WELL” means a well used to observe subsurface phenomena, including the presence of carbon dioxide, pressure fluctuations, fluid levels and flow, temperature, and in situ water chemistry.
  53. “TRANSMISSIVE FAULT OR FRACTURE” means a fault or fracture that has sufficient permeability and vertical extent to allow fluids to move between formations.
  54. “TRAPPING” means the physical and geochemical processes by which injected carbon dioxide is sequestered in the subsurface. Physical trapping occurs when buoyant carbon dioxide rises in the formation until it reaches impermeable strata that inhibits further upward and lateral migration or is immobilized in pore spaces due to capillary forces. Geochemical trapping occurs when chemical reactions between the injected carbon dioxide and natural occurring minerals in the formation lead to the precipitation of solid carbonate natural occurring mineral compounds or dissolution in formation fluids.
  55. “UNDERGROUND SOURCE OF DRINKING WATER” means an aquifer or any portion of an aquifer that supplies drinking water for human consumption, or in which the ground water contains fewer than ten thousand milligrams per liter total dissolved solids and is capable of supplying drinking water for human consumption and is not an exempted aquifer as determined by the Director.
  56. “WELL” means a bored, drilled or driven shaft, or a dug hole, whose depth is greater than the largest surface dimension; or an improved sinkhole; or a subsurface fluid distribution system.
 ALL OTHER WORDS used herein shall be given their usual customary and accepted meaning; and all words of a technical nature, or particular to the oil and gas industry, shall be given that meaning which is generally accepted in said oil and gas industry.

001 STORAGE FACILITY PERMIT

 An application for a permit must include the following:
 001.01 A site map showing the boundaries of the storage reservoir and the location of all proposed wells, proposed boreholes, and surface facilities within the carbon dioxide storage facility area;
 001.02 A technical geologic and hydrogeologic evaluation of the proposed storage facility, including:
  001.02A The immediate confining layer containment characteristics and all subsurface zones to be used for monitoring.
  001.02B The evaluation must include any available geophysical data and assessments of any regional tectonic activity, local seismicity and regional or local fault zones, and a comprehensive description of local and regional structural and stratigraphic features.
  001.02C The evaluation must describe the storage reservoir’s mechanisms of geologic confinement, including rock properties, regional pressure gradients, structural features, and sorption characteristics with regard to the ability of that confinement to prevent migration of carbon dioxide beyond the proposed storage reservoir.
  001.02D The evaluation must also identify any productive existing or potential mineral zones occurring within the facility area and any underground sources of drinking water in the facility area and within 1/2 mile of its outside boundary. The evaluation must include exhibits and plan view maps showing the following:
   001.02D1 All wells, including water, oil, and natural gas exploration and development wells, and other manmade subsurface structures and activities, within the facility area and within ½ mile of its outside boundary;
   001.02D2 All manmade surface structures that are intended for temporary or permanent human occupancy within the facility area and within ½ mile of its outside boundary;
   001.02D3 Any regional or local faulting;
   001.02D4 An isopach map of the storage reservoirs;
   001.02D5 An isopach map of the primary and any secondary containment barrier for the storage reservoir;
   001.02D6 A structure map of the top and base of the storage reservoirs;
   001.02D7 Identification of all structural spill points or stratigraphic discontinuities controlling the isolation of stored carbon dioxide and associated fluids within the storage reservoir;
   001.02D8 Evaluation of the pressure front and the potential impact on underground sources of drinking water, if any;
   001.02D9 Structural and stratigraphic cross sections and any renderings that describe the geologic conditions at the storage reservoir;
   001.02D10 The location, orientation, and properties of known or suspected faults and fractures that may transect the confining zone in the area of review, and a determination that they would not interfere with containment;
   001.02D11 Data on the depth, areal extent, thickness, mineralogy, porosity, permeability, and capillary pressure of the injection and confining zone, including facies changes based on field data, which may include geologic cores, outcrop data, seismic surveys, well logs, and names and lithologic descriptions;
   001.02D12 Geomechanical information on fractures, stress, ductility, rock strength, and in situ fluid pressures within the confining zone. The confining zone must be free of transmissive faults or fractures and of sufficient areal extent and integrity to contain the injected carbon dioxide stream;
   001.02D13 Information on the seismic history, including the presence and depth of seismic sources and a determination that the seismicity would not interfere with containment;
   001.02D14 Geologic and topographic maps and cross sections illustrating regional geology, hydrogeology, and the geologic structure of the facility area;
   001.02D15 Identify and characterize additional strata overlying the storage reservoir that will prevent vertical fluid movement, are free of transmissive faults or fractures, allow for pressure dissipation, and provide additional opportunities for monitoring, mitigation, and remediation.
 001.03 A review of the data of public record, conducted by a geologist or engineer, for all wells within the facility area, which penetrate the storage reservoir or primary or secondary seals overlying the reservoir, and all wells within the facility area and within 1/2 mile, or any other distance as deemed necessary by the commission, of the facility area boundary. The review must include the following:
  001.03A A determination that all abandoned wells have been plugged and all operating wells have been constructed in a manner that prevents the carbon dioxide or associated fluids from escaping from the storage reservoir;
  001.03B A description of each well’s type, construction, date drilled, location, depth, record of plugging, and completion;
  001.03C Maps and stratigraphic and structural cross sections indicating the vertical and lateral limits of all underground sources of drinking water, water wells, and springs within the area of review; their positions relative to the injection zone; and the measured or inferred direction of water movement;
  001.03D A map of the area of review showing the number or name and location of all injection wells, producing wells, abandoned wells, plugged wells or dry holes, deep stratigraphic boreholes, state approved or United States Environmental Protection Agency approved subsurface cleanup sites, surface bodies of water, springs, mines (surface and subsurface), quarries, water wells, other pertinent surface features, including structures intended for human occupancy, state, county, or Indian country boundary lines, and roads;
  001.03E A list of contacts, submitted to the commission, when the area of review extends across state jurisdiction boundary lines;
  001.03F Baseline geochemical data on subsurface formations, including all underground sources of drinking water in the area of review; and
  001.03G Any additional information the commission may require.
 001.04 The proposed calculated daily average and maximum daily injection rates, daily volume, and the total anticipated volume of the carbon dioxide stream using a method acceptable to and filed with the commission;
 001.05 The proposed average and maximum bottom hole injection pressure to be utilized at the reservoir. The maximum allowed injection pressure, measured in pounds per square inch gauge, shall be approved by the commission and specified in the permit. In approving a maximum injection pressure limit, the commission shall consider the results of well tests and other studies that assess the risks of tensile failure and shear failure. The commission shall approve limits that, with a reasonable degree of certainty, will avoid initiating a new fracture or propagating an existing fracture in the confining zone or cause the movement of injection or formation fluids into an underground source of drinking water;
 001.06 The proposed preoperational formation testing program to obtain an analysis of the chemical and physical characteristics of the injection zone and confining zone.
 001.07 The proposed stimulation program, a description of stimulation fluids to be used, and a determination that stimulation will not interfere with containment.
 001.08 A description of the site-specific processes that will result in carbon dioxide trapping, including immobilization by capillary trapping, dissolution, and mineralization at the site;
 001.09 The predicted rate of carbon dioxide trapping in the immobile capillary phase, dissolved phase, or mineral phase;
 001.10 Submitting a Class VI permit obtained from the applicable underground injection control program shall satisfy all of the requirements of subsections (1) through (9) of this section.
 001.11 Demonstrations with respect to the storage reservoir that:
  001.11A The storage operator has made a good-faith effort to obtain the consent of all persons who own reservoir estates within the storage reservoir;
  001.11B The storage operator has obtained the consent of persons who own reservoir estates comprising at least sixty percent of the physical volume contained within the defined storage reservoir; and
  001.11C All nonconsenting reservoir estate owners are or will be equitably compensated.
 001.12 Operation of a geologic storage project shall require issuance of a Class VI permit by the applicable underground injection control program.

 001.13 Permit fee
  001.13A Any person filing a permit application or an application to amend an existing permit shall pay a processing fee. The fee will be based on actual processing costs, including computer data processing costs, incurred by the commission.
   001.13A1 A record of all application processing costs incurred must be maintained by the commission.
   001.13A2 Promptly after receiving an application, the commission shall prepare and submit to the applicant an estimate of the processing fee and a payment billing schedule.
   001.13A3 After the commission’s work on the application has concluded, a final statement will be sent to the applicant. The full processing fee must be paid before the commission issues its final decision on an application.
   001.13A4 The applicant must pay the processing fee regardless of whether a permit is issued or denied, or the application withdrawn.
  001.13B The commission has one year from the date an application is deemed complete to issue a final decision regarding the application.

002 STORAGE FACILITY PERMIT TRANSFER.

 002.01 The storage operator and proposed transferee shall notify the commission in writing of any proposed permit transfer. The notice must contain the following:
 002.02 The name and address of the person to whom the permit is to be transferred.
  002.02A The name of the permit subject to transfer and location of the storage facility and a description of the land within the facility area.
  002.02B The date that the storage operator desires the proposed transfer to occur.
  002.02C A demonstration of financial assurance.
 002.03 Commission review. The commission shall review the proposed transfer to ensure that the purposes are not compromised but are promoted. For good cause, the commission may deny a transfer request, delay acting on it, and place conditions on its approval.
 002.04 Commission approval required. A permit transfer can occur only upon the commission’s written order.

003 ISSUANCE OF PERMITS

 003.01 Before issuing a permit, the commission shall consult with the Department of Environment and Energy and the Underground Injection Control program permitting authority.
 003.02 If the storage reservoir contains commercially valuable minerals, a permit may be issued only if the commission is satisfied that the interests of the mineral owners or mineral lessees will not be adversely affected or have been addressed in an arrangement entered into by the mineral owners or mineral lessees and the storage operator.
 003.03 The commission may include in a permit or order all things necessary to carry out the objectives of the GS Act and to protect and adjust the respective rights and obligations of persons affected by geologic storage.
 003.04 If a storage operator does not obtain the consent of all persons who own a reservoir estate within the storage reservoir, the commission may require that any reservoir estates owned by nonconsenting owners be included in a storage facility and subject to geologic storage.
 003.05 When the commission issues a permit, it shall also issue a certificate stating that the permit has been issued, describing the area covered, and containing other information the commission deems appropriate. The commission shall file a copy of the certificate with the register of deeds in the county or counties where the storage facility is located.

004 MINOR MODIFICATIONS OF PERMITS

 Upon agreement between the storage operator and the commission, the commission may modify a permit to make the corrections or allowances without the storage operator filing an application to amend a permit. Any permit modification not processed as a minor modification under this section must be filed as an application to amend an existing permit in compliance with Chapter 6. Minor modifications may include:
 004.01 Correct typographical errors.
 004.02 Require more frequent monitoring or reporting by the storage operator.
 004.03 Change an interim compliance date in a schedule of compliance, provided the new date is not more than one hundred twenty days after the date specified in the existing permit and does not interfere with attainment of the final compliance date requirement.
 004.04 Allow for a change in ownership or operational control of a facility where the commission determines that no other change in the storage facility permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new storage operator has been submitted to the commission.
 004.05 Change quantities or types of fluids injected which are within the capacity of the facility as permitted and, in the judgment of the commission, would not interfere with the operation of the facility or its ability to meet conditions described in the permit.
 004.06 Change well construction requirements approved by the commission, provided that any such alteration shall comply with the requirements of this chapter and no such changes are physically incorporated into construction of the well prior to approval of the modification by the commission.
 004.07 Amend a facility plan where the modifications clarify or correct the plan, as determined by the commission.

005 EMERGENCY AND REMEDIAL RESPONSE PLAN

 The storage operator shall implement the commission-approved emergency and remedial response plan and the worker safety plan. This plan must include emergency response and security procedures. An emergency and remedial response plan approved as part of a Class VI permit issued under the applicable underground injection control program shall be sufficient to satisfy the emergency and remedial response plan requirements of this section. The plan, including revision of the list of contractors and equipment vendors, must be updated as necessary or as the commission requires. Copies of the plans must be available at the storage facility and at the storage operator’s nearest operational office.
 005.01 The emergency and remedial response plan requires a description of the actions the storage operator shall take to address movement of the injection or formation fluids that may endanger an underground source of drinking water during construction, operation, and post injection site care periods. The requirement to maintain and implement a commission-approved plan is directly enforceable regardless of whether the requirement is a condition of the permit. The plan must also detail:
  005.01A The safety procedures concerning the facility and residential, commercial, and public land use within 1/2 mile, or any other distance set by the commission of the outside boundary of the facility area; and
  005.01B Contingency plans for addressing carbon dioxide leaks from any well, flow lines, or other facility, and loss of containment from the storage reservoir, and identify specific contractors and equipment vendors capable of providing necessary services and equipment to respond to such leaks or loss of containment.
 005.02 The storage operator shall review annually the emergency and remedial response plan developed under subsection 1. Based on this review, the storage operator shall submit to the commission an amended plan or demonstrate to the commission that no amendment to the plan is needed. Any amendments to the plan are subject to the commission’s approval, must be incorporated into the storage facility permit, and are subject to the permit modification requirements. Amended plans or demonstrations that amendments are not needed shall be submitted to the commission as follows:
  005.02A Within one year of an area of review reevaluation;
  005.02B Following any significant changes to the facility, such as addition of injection or monitoring wells, on a schedule determined by the commission; or
  005.02C When required by the commission.
 005.03 Obtaining a Class VI permit from the applicable underground injection control program and complying with the provisions of that permit shall satisfy all of the emergency and remedial response plan requirements of this section.

006 REPORTING REQUIREMENTS.

 006.01 The storage operator shall file with the commission all reports, submittals, notifications, and any other information that the commission requires including reports submitted to the applicable underground injection control program.
 006.02 The storage operator shall give notice to the commission as soon as possible of any planned physical alterations or additions to the permitted storage facility or any other planned changes in the permitted storage facility or activity which may result in noncompliance with permit requirements.
 006.03 Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than thirty days following each schedule date.
 006.04 The storage operator shall file with the commission semi-annually, or more frequently if the commission requires, a report on the volume of carbon dioxide injected into or withdrawn since the last report, the average injection rate, average composition of the carbon dioxide stream, wellhead and down-hole temperature and pressure data or calculations, or other pertinent operational parameters as required by the commission.
 006.05 The quarterly report is due thirty days after the end of the quarter. The report must:
  006.05A Describe any changes to the physical, chemical, and other relevant characteristics of the carbon dioxide stream from the proposed operating data.
  006.05B State the monthly average, maximum, and minimum values for injection pressure, flow rate and volume, and annular pressure.
  006.05C Describe any event that exceeds operating parameters for annulus pressure or injection pressure specified in the permit.
  006.05D Describe any event which triggers a shutoff device required and the response taken.
  006.05E State the monthly volume and mass of the carbon dioxide stream injected over the reporting period and the volume injected cumulatively over the life of the project to date.
  006.05F State the monthly annulus fluid volume added.
  006.05G State the results of monitoring.
 006.06 The storage operator shall file with the commission an annual report that summarizes the quarterly reports and that provides updated projections of the response and storage capacity of the storage reservoir. The projections must be based on actual reservoir operational experience, including any new geologic data and information. All anomalies in predicted behavior as indicated in permit conditions or in the assumptions upon which the permit was issued must be explained and, if necessary, the permit conditions amended. The annual report is due forty-five days after the end of the year.
 006.07 The storage operator shall report, within thirty days, the results of any:
  006.07A Tests of mechanical integrity.
  006.07B Well workover.
  006.07C Other test of the injection well conducted by the storage operator if required by the commission.
 006.08 The storage operator shall report, within twenty-four hours:
  006.08A Evidence that the injected carbon dioxide stream or associated pressure front may cause an endangerment to an underground source of drinking water;
  006.08B Noncompliance which may endanger health and safety of persons or cause pollution of the environment, including:
   006.08B1 Monitoring or other information which indicates that any contaminant may cause an endangerment to underground sources of drinking water; or
   006.08B2 Noncompliance with a permit condition or malfunction of the injection system which may cause fluid migration into or between underground sources of drinking water shall be provided verbally within twenty-four hours from the time the storage operator becomes aware of the circumstances. A written submission shall also be provided within five days of the time the storage operator becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times; and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
  006.08C Triggering of a shutoff system (e.g., down-hole or at the surface);
  006.08D Failure to maintain mechanical integrity; or
  006.08E Release of injected carbon dioxide to the atmosphere or biosphere as detected any required surface air and soil gas monitoring, or other monitoring technologies required by the commission.
 006.09 The storage operator shall retain the following records until project completion:
  006.09A All data collected for the applications of the storage facility permit, injection well permit, and operation of injection well;
  006.09B Data on the nature and composition of all injected fluids collected.
  006.09C All records from the closure period, including well plugging reports, postinjection site care data, and the final assessment.
  006.09D Upon project completion, the storage operator shall deliver any records required in this section to the commission.
 006.10 The storage operator shall retain the following records for a period of at least ten years from the date of the sample, measurement, or report:
  006.10A Monitoring data collected and
  006.10B Calibration and maintenance records and all original recordings for continuous monitoring instrumentation, and copies of all reports required by the storage facility permit.
  006.10C This period may be extended by request of the commission at any time.
 006.11 The storage operator shall report all instances of noncompliance not otherwise reported under this section, at the time monitoring reports are submitted.
 006.12 Whenever the storage operator becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the commission, such facts or information shall be promptly submitted to the commission. Failure to do so may result in revocation of the permit, depending on the nature of the information withheld.
 006.13 Obtaining a Class VI permit obtained from the applicable underground injection control program and complying with the provisions of that permit shall satisfy all of the requirements of this section.

007 STORAGE FACILITY FEES.

 007.01 The storage operator shall pay the commission a fee of one cent on each ton of carbon dioxide injected for storage. The fee must be deposited in the carbon dioxide storage facility administrative fund.
 007.02 The storage operator shall pay the commission a fee of seven cents on each ton of carbon dioxide injected for storage. The fee must be deposited in the carbon dioxide storage facility trust fund.
 007.03 After notice and hearing, the commission may issue an order to adjust the fee amounts.

008 GEOLOGICAL STORAGE FACILITY BOND REQUIREMENTS

 Prior to commencing injection operations, the operator of any storage facility shall submit to the commission, and obtain its approval, a surety bond or cash bond in the amount specified by the commission. An alternative form of security may be approved by the commission. The operator of the storage facility shall be the principal on the bond provided to cover the storage facility. Each surety bond shall be executed by a responsible surety company or cash bond provided by operator authorized to transact business in Nebraska. The commission shall periodically review the bond amount and through public notice and hearing may issue an order to adjust that amount.

009 POSTINJECTION SITE CARE AND FACILITY CLOSURE

The storage operator shall submit and maintain the post injection site care and facility closure plan as a part of the storage facility permit application to be approved by the commission. Obtaining a Class VI permit from the applicable underground injection control program and complying with the provisions of that permit shall satisfy all of the requirements of this section for submitting and maintaining a post injection site care and facility closure plan. The requirement to maintain and implement a commission-approved plan is directly enforceable regardless of whether the requirement is a condition of the permit.
 009.01 The postinjection site care and facility closure plan must include the following information:
  009.01A The pressure differential between pre injection and predicted post injection pressures in the injection zone.
  009.01B The predicted position of the carbon dioxide plume and associated pressure front at cessation of injection as demonstrated in the area of review evaluation;
  009.01C A description of post injection monitoring location, methods, and proposed frequency;
  009.01D A schedule for submitting post injection site care monitoring results to the commission; and
  009.01E The duration of the post injection site care monitoring timeframe that ensures non endangerment of underground sources of drinking water.
 009.02 The storage operator shall specify in the post injection site care and facility closure plan which wells will be plugged and which will remain unplugged to be used as subsurface observation wells. Subsurface observation and ground water monitoring wells as approved in the plan must remain in place for continued monitoring during the closure period.
 009.03 Upon cessation of injection, the storage operator shall either submit an amended post injection site care and facility closure plan or demonstrate to the commission through monitoring data and modeling results that no amendment to the plan is needed. Any amendments to the post injection site care and facility closure plan are subject to the commission’s approval and must be incorporated into the storage facility permit.
 009.04 At any time during the life of the geologic storage project, the storage operator may modify and resubmit the post injection site care and facility closure plan for the commission’s approval.
 009.05 Upon cessation of injection, all wells not associated with monitoring must be properly plugged and abandoned in a manner which will not allow movement of injection or formation fluids that endanger underground sources of drinking water. All storage facility equipment, appurtenances, and structures not associated with monitoring must be removed or repurposed. Following well plugging and removal of all surface equipment, the surface must be reclaimed to the commission’s specifications that will, in general, return the land as closely as practicable to original condition.
 009.06 The well casing must be cut off at a depth of four feet below the surface and a steel plate welded on top identifying the well name and that it was used for carbon dioxide storage.
 009.07 The commission shall determine in conjunction with the storage operator whether any post closure monitoring will be conducted and, if so, develop a monitoring plan for the post closure period, including a review and final approval of wells to be plugged.
 009.08 The storage operator shall continue to conduct monitoring during the closure period as specified in the commission-approved post injection site care and facility closure plan. The storage operator may apply for project completion with an alternative post injection site care monitoring timeframe. Once it is demonstrated that underground sources of drinking water are no longer endangered, the final assessment is complete, and the storage operator may apply to the commission for a certificate of project completion. If the storage operator is unable to demonstrate that underground sources of drinking water are no longer being endangered, the storage operator shall continue monitoring the storage facility until full compliance is met and such demonstration can be made.
 009.09 Before project completion, the storage operator shall provide a final assessment of the stored carbon dioxide’s location, characteristics, and its future movement and location within the storage reservoir. The storage operator shall submit the final assessment to the commission within ninety days of completing all postinjection site care and facility closure requirements.
  009.09A The final assessment must include:
   009.09A1 The results of computational modeling performed pursuant to delineation of the area of review.
   009.09A2 The predicted timeframe for pressure decline within the injection zone, and any other zones, such that formation fluids may not be forced into any underground sources of drinking water or the timeframe for pressure decline to preinjection pressures;
   009.09A3 The predicted rate of carbon dioxide plume migration within the injection zone and the predicted timeframe for the cessation of injection induced migration;
   009.09A4 A description of the site-specific processes that will result in carbon dioxide trapping, including immobilization by capillary trapping, dissolution, and mineralization at the site;
   009.09A5 The predicted rate of carbon dioxide trapping in the immobile capillary phase, dissolved phase, or mineral phase;
   009.09A6 The results of laboratory analyses, research studies, or field or site specific studies to verify the information required in paragraphs 4 and 5;
   009.09A7 A characterization of the confining zone, including a demonstration that it is free of transmissive faults, fractures, and microfractures, and an evaluation of thickness, permeability, and integrity to impede fluid (e.g., carbon dioxide, formation fluids) movement;
   009.09A8 Any other projects in proximity to the predictive modeling of the final extent of the carbon dioxide plume and area of elevated pressures. The presence of potential conduits for fluid movement, including planned injection wells and project monitoring wells associated with the proposed geologic storage project;
   009.09A9 A description of the well construction and an assessment of the quality of plugs of all abandoned wells within the area of review;
   009.09A10 The distance between the injection zone and the nearest underground source of drinking water above and below the injection zone;
   009.09A11 An assessment of the operations conducted during the operational period, including the volumes injected, volumes extracted, all chemical analyses conducted, and a summary of all monitoring efforts. The report must also document the stored carbon dioxide’s location and characteristics and predict how it might move during the post closure period;
   009.09A12 An assessment of the funds in the carbon dioxide storage facility trust fund to ensure that sufficient funds are available to carry out the required activities on the date on which they may occur, taking into account project-specific risk assessments, projected timing of activities (e.g., post injection site care), and interest accumulation in the trust fund; and
   009.09A13 Any additional site-specific factors required by the commission.
  009.09B Information submitted to support the demonstration in subdivision a must meet the following criteria:
   009.09B1 All analyses and tests for the final assessment must be accurate, reproducible, and performed in accordance with the established quality assurance standards. An approved quality assurance and quality control plan must address all aspects of the final assessment;
   009.09B2 Estimation techniques must be appropriate and test protocols certified by the United States Environmental Protection Agency must be used where available;
   009.09B3 Predictive models must be appropriate and tailored to the site conditions, composition of the carbon dioxide stream, and injection and site conditions over the life of the geologic storage project;
   009.09B4 Predictive models must be calibrated using existing information when sufficient data are available;
   009.09B5 The sources and bases used for modeling assumptions must be disclosed to the commission whenever values are estimated on the basis of known, historical information instead of site-specific measurements;
   009.09B6 An analysis must be performed to identify and assess parameters of the post injection monitoring timeframe demonstration that contribute significantly to uncertainty. The storage operator shall conduct sensitivity analyses to determine the effect that significant uncertainty may contribute to the modeling demonstration; and
   009.09B7 Any additional criteria required by the commission.
  009.09C The storage operator shall provide a copy of an accurate plat certified by a registered surveyor which has been submitted to the county recorder’s office designated by the commission. The plat must indicate the location of the injection well relative to permanently surveyed benchmarks. The storage operator must also submit a copy of the plat to the United States Environmental Protection Agency regional administrator office and Nebraska Department of Environment and Energy.
  009.09D The storage operator shall record a notation on the deed to the property on which the injection well was located, or any other document that is normally examined during title search, that will in perpetuity provide any potential purchaser of the property the following information:
   009.09D1 The fact that land has been used to sequester carbon dioxide;
   009.09D2 The name of the state agency, local authority, or tribe with which the survey plat was filed, as well as the address of the applicable United States Environmental Protection Agency regional office to which it was submitted; and
   009.09D3 The volume of fluid injected, the injection zone or zones into which it was injected, and the period over which injection occurred.

010 DETERMINING STORAGE AMOUNTS

 010.01 Upon application by a geologic storage project operator, the commission, after notice and hearing, shall issue an order determining the amount of injected carbon dioxide stored in a storage reservoir under a permit issued pursuant to Neb Rev Stat Section 57-1601 et seq.  010.02 The applicant shall pay a processing fee for a storage amount determination. The applicant shall pay a processing fee based on the commission’s actual processing costs, including computer data processing costs, as determined by the commission. The following procedures and criteria will be utilized in establishing the fee:   010.02A A record of all application processing costs incurred must be maintained by the commission.   010.02B Promptly after receiving an application, the commission shall prepare and submit to the applicant an estimate of the processing fee.   010.02C After the commission’s work on the application has concluded, a final statement will be sent to the applicant. The full processing fee must be paid before the commission issues its decision on the application.   010.02D The applicant must pay the processing fee even if the application is denied or withdrawn.

011 STRATIGRAPHY TEST HOLES

 (This language references, TITLE 267 NEBRASKA OIL AND GAS CONSERVATION COMMISSION)
 All stratigraphic test holes must be drilled as per the rules contained in Chapter 3, Sections 003, 004, 006, 007 an