American Oil and Gas Reporter - September 2017 - 98

ConventionSection: Indiana Oil & Gas Association

Revised Indiana Regulations
On The Verge Of Approval
By Dan Larson
Special Correspondent

BRIDGEPORT, IL.-An extensive
rewrite of Indiana's oil and natural gas
regulations is due for approval later this
year and although operators have raised
concerns, for the most part they do not
expect the revisions to be unendurable,
reports the leader of the state's industry
association.
In the meantime, production of oil
and gas continues at a steady, if deliberate,
pace, indicates Kyle Kingston, president
of the Indiana Oil & Gas Association.
"In the last few years, there was some
exploration of the Mississippian Lime in
the southwest corner of the state, but for
the most part, new drilling in Indiana has
stopped," acknowledges Kyle Kingston,
manager of operations for CDG Operations
in Bridgeport. "There are some recompletions here and there and some operators
are adjusting their waterflood patterns,
but as far as rig work, it is next to nil."
When the association gathers for its
annual convention, set for Oct. 12, in
New Harmony, In., members will hear
about the state's revised oil and gas regulations, Kingston notes. The Indiana
Department of Natural Resources' new
Division of Oil and Gas director is scheduled to address the meeting, he says.

Regulatory Revisions
The multiyear rewrite of Indiana's oil
and natural gas regulations has rounded
the final turn and is nearing the finish
line, Kingston says. "We expect the Natural Resources Commission to adopt the
new regulations this fall," he relates.
According to DNR, the rules package
is scheduled for final adoption at the
commission's Sept. 19 meeting in Indianapolis. If approved, it is due for review
by the attorney general's office and submission to Governor Eric Holcomb in
early November. If the governor signs
them, the rules will take effect in December.
"Officially, INOGA neither supported
nor opposed the revisions," Kingston
points out. "Updating regulations can be
98 THE AMERICAN OIL & GAS REPORTER

problematic and we agreed not to take
an active role in the discussions. There
was an ad hoc group of producers who
volunteered to review and comment. As
a result, their comments were submitted
as individual operators and not as a formal
position of the association."
Changes in the revised rules include a
new requirement for production reporting
that has some in the industry scratching
their heads, Kingston says. Starting in
March 2018, operators will be required
to report monthly sales volumes for each
well once a year, according to 312-IAC
Rule 29-26, Sec. 1 (a) and (b). In following
sections, the regulations state oil and gas
production is to be "measured at the time
of sale following custody transfer and
from which the interest is calculated."
Gas measurements are to be normalized
for pressure and temperature, it states.
"Some producers questioned why this
was even needed since we file production
as part of our tax filings," Kingston considers.
Recently retired DOG Director Herschel McDivitt supported monthly production reporting and appeared to insist
on its inclusion in the revised regulations,
Kingston indicates. "It was a pet peeve
of his and he was not going to let go,"
Kingston suggests.
Fracturing Split
The Indiana rules revision process was
partially a delayed reaction that followed
a State Review of Oil & Natural Gas Environmental Regulations (STRONGER)
review. STRONGER is a nonprofit corporation that has audited regulations in
23 states.
According to Kingston, the revised
regulations include new sections on horizontal wells and hydraulic fracturing,
which drew INOGA's interest but ultimately did not raise significant concerns
for the association. He notes those revisions largely have been drawn from other
states' rules and, with Indiana's relative
dearth of long-lateral horizontal wells,
cover very few wells.
The fracturing rules differentiate completions by volume, Kingston states.

"They recognize the difference between
a high-volume slickwater frac and smaller
workovers and completions done by most
producers here," he affirms.
Rule 22, Sec. 7 (a), requires an operator
to notify the division before commencing
any completion that uses more than 5,000
barrels of fluid. The next section describes
the data an operator must file, including
fluid and proppant volumes, additives'
trade names and purposes, and injection
pressures, no later than 30 days after
fracturing operations are finished.
Other aspects of the revised rules deal
with:
* Expanded requirements for naturally
occurring radioactive material waste;
* Fluid disposal and workover pit
backfill;
* Underground gas storage facilities;
and
* Oil storage facilities.
Kingston also highlights an area in
which industry representatives have made
their voices heard, with their success
helping to set broad definitions for drilling
unit sizes.
"As long as the wellbore is 330 feet
from the lease line, operators can space a
unit however they want," Kingston details.
"Not tying spacing units to the land
survey grid offers flexibility and helps
both producers and land owners."
Indiana does not require operators to
file drilling and completion data on the
FracFocus completion fluid chemical constituent disclosure registry, Kingston says.
Instead, operators must file chemical disclosure statements that are posted on the
DNR website, along with copies of the
permit application, completion report and
pooling and ownership documents.

Quiet Session
With development activity in a lull,
Indiana's oil and gas industry drew relatively little attention during this legislative
session, Kingston says.
"It was fairly quiet in Indianapolis
this year," he assesses. "We have a few
operators up there who keep an eye on
things, but as we are an all-volunteer organization, we also rely on other resource



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