G. Major Comments Concerning Notification, Recordkeeping and

Reporting Requirements 1. 30

- Day Notification and Annual Reports **Comment:** Multiple commenters state that the 30

- day advance notifica tion of well completions under 40 CFR 60.5420(a) should be removed from the final rule. Commenters assert that this an d notification requirements in 40 CFR 60.7(a) are unduly burdensome and costly, not adequately explained, not related to verifying compliance with the proposed rule and could conflict with the need to protect proprietary business information. Multiple commenters also note that industry’s estimate of annual completions is several times higher than the EPA’s estimate of 20,000 completion s following fracturing and completions following refracturing annually. The commenters believe that these requirements will likely overwhelm both regulated entities and state regulators alike. Commenters offer suggestions , including requiring annual certifications or maintaining records available for inspection, reduc ing the proposed advance notification requirement to 5

- 10 days and considering notification programs such as those in Texas and Wyoming. Different commenters support or oppose requiring a 30

- day advance notice with follow

- up notification of 1

- 2 days before an impending completion.Several commenters suggest that the EPA should coordinate

with state and local agencies to eliminate duplicative recordkeeping and reporting requirements, and that records of interest other than those submitted to the respective Oil and Gas Commissions should only be required to be retained and available upon inspection, similar to other permit requirements. Several commenters do not agree that an annual report under 40 CFR 60.7(a)(1), 40 CFR 60.7(a)(3), and 40 CFR 60. 7(a)(4) adds any value for verifying compliance and the EPA should remove this requirement from the final rule. The commenter s add that the best method for compliance is for an owner or operator to maintain necessary records and to have the records availab le for review during an on

- site inspection. One commenter suggests the annual report should include for each type of affected facility (1) the total number of affected facilities at the site ; (2) the number of facilities that became affected facilities dur ing the reporting period ; (3) the number of exempted facilities ; and (4) the number of affected facilities with a non

- compliance situation during the reporting period. One c ommenter suggests that it would be easier for facilities to submit an annual report on a set date each year, and multiple affected facilities could be included in a single report. Two commenters propose that all notifications for each year be delivered in a single annual report corresponding to the reporting period in which theaffected facilities become subject to the rule. One commenter

suggests that operators should be required to keep records at the nearest manned office, but reports should only be required if they are requested by the EPA. The commenters recommend, where feasible, s treamlining the final notification and reporting requirements to eliminate unduly burdensome notification and reporting requirements. **Response:** The EPA agrees that certain notification, recordkeeping, and reporting requirements in the general provisions a re unduly burdensome for the new affected facilities in this NSPS . For that reason, well completions , pneumatic controllers , and storage vessels will be exempt from the notifications required by sections 60.7(a)(1), 60.7(a)(3), and 60.7(a)(4). We agree that notifications of well completions should be as streamlined as possible to remove excess burden from both the owners and operators and regulatory agencies as well. As a result, we have removed the 30

- day advance notification requirement and in stead are requiring an advance notice via email to the EPA or delegated authority no later than 2 days prior to completion . To avoid conflicting notification requirements and to relieve notification burden from operators, we have added a provision in the final rule that, if an operator has met the state requirements for advance notification of well completions,then the operator is considered to have met the advance

notification requirement for gas well completions under the NSPS.We also believe that the operator should be provided flexibility to use new technology to document compliance that would result in less paperwork burden on the part of the operators themselves and on regulators. To lessen the reporting burden, the final recordkeeping and report ing requirements for well completions also provide for a streamlining option that owners and operators may choose in lieu of the standard annual reporting requirements. The standard annual report must include all well completion records for each gas well a ffected facility for which a completion operation was performed during the reporting period. In lieu of the standard annual reporting process, the operator retains a digital image of each REC in progress. The image must include a digital date stamp and geo graphic coordinates stamp to help link the photograph with the specific well completion operation. Under this option, the annual report for gas well affected facilities would consist only of a list, with identifying information, of all affected gas wells c ompleted, electronic or hard copy photographs documenting REC in progress for each well for which REC was required, and the self

- certification required in the standard annual report. Operators are not required to take advantage ofthe optional recordkeeping and reporting approach, as some may

choose to follow the standard reporting requirements. Under either approach, the report must include a record of all deviations during the reporting period in cases where well completion operations with hydraulic fracturing were not performed in compliance with the requirements for each gas well affected facility.