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Hydraulic Fracturing Regulatory

Processes in Louisiana 

James H. Welsh

Commissioner of Conservation
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Areas of Current & Potential Activity
Regulatory Goals

• Resource Conservation / Sustainability 

• Waste Minimization

• Pollution Prevention

• Transparency

• Awareness / Surveillance

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Regulatory Processes

– Water Source Management / Evaluation

– Work Permits

– Well Construction Requirements

– Waste Management / Disposal Requirements

– Fracturing Fluid Disclosure

– Inspection & Enforcement

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Water Sources – Surface Water

• Use of surface water is encouraged.

• Cooperative Endeavor Agreements may be 

created through DNR – Office of Mineral 

Resources (OMR) for the use of running 

surface water. (Act 955 of 2010)

• Application process involves assessing the 

environmental/ecological impacts and 

economic benefits of surface water use.

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Water Sources – Ground Water

• Notice is required prior to 

installation of new wells and 

prior to a change in use of 

existing wells for evaluation 

purposes.

• Orders may be issued to 

collect information, conduct 

metering, impose well 

spacing requirements, or 

limit production.

• Information may be used to 

establish areas of 

groundwater concern.

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Water Sources – Other

• Certain E&P Wastes may be used as a frac 

fluid component in limited cases.

• Promotes both waste minimization and 

resource conservation.

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Water Sources – Reporting

• Water sources and volumes 

must be reported for wells 

that are hydraulically 

fractured.

• Reporting is accomplished 

by filing Supplemental Page 

3 of the Well History and 

Work Resumé Report (Form 

WH-1) following well 

completion.

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Water Use Statistics

Reported Usage from 10/1/2009 to 2/23/2012

Source Volume 

(Gallons)

Frac Groundwater 1,230,712,693

Frac Surface Water 8,223,152,516

Drilling Rig 

Groundwater Supply 879,649,632

Drilling Rig Surface 

Water Supply 157,839,504

Other Groundwater 155,545,829

Other Surface Water, 39,007,638

Frac Stages 22,338

Total Frac Water Used 

(gallons) 9,453,865,209

Volume per Frac Stage 

(gallons) 423,219

Average Frac Stages 

per Well 11.4

Average Water Use per 

Well (gallons) 5,454,777

Average Frac Water Use 

per Well (gallons) 4,825,863

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Water Usage Data for 1959 Haynesville Shale Natural Gas Wells

Rig Supply 

Ground 

Water

8%

Frac Supply Ground 

Water

12%

Other Ground Water

1%

Rig Supply Surface 

Water

2%

Frac Supply Surface 

Water

77%

Other Surface Water

<0.5%
Work Permits

• A work permit 

application (Form DM4R) must be approved 

prior to conducting 

fracturing operations.

• Process allows for OC 

inspection of 

operations.

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Well Construction Requirements

• Use of multiple 

cemented casing 

strings

• Minimum setting 

depth to protect 

USDW

• Post-installation 

pressure testing

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Waste Management

• E&P Waste regulations ensure proper disposal to

minimize environmental impacts of resource 

development.

• Manifest and reporting systems ensure transparency 

and accountability. 

• Waste Management options include:

– Onsite disposal

– Well injection

– Commercial disposal

– Recycling in limited cases

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Fracturing Fluid Disclosure 

• Types and volumes (in gal.) of 

hydraulic fracturing fluid

• List of additives used 

• List of chemical ingredients 

subject to requirements of 29 

CFR 1910.1200(g)(2)

• Maximum ingredient 

concentration within the 

additive

• Ingredients and 

concentrations of proprietary 

chemicals are not required.

• Required information may be 

reported to Frac Focus 

website.

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Fracturing Fluid Disclosure Requirements by State

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Inspection & Rule Enforcement

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• Periodic visual inspections of wells are conducted 

during all phases of development 

• Regulatory violations result in the issuance of 

Compliance Orders to the responsible party requiring 

corrective actions.

• Possible enforcement actions include

– Levy of Civil Penalties

– Suspension of authority to sell oil

– Withholding permits

– “Orphaning” Declaration 
• STRONGER, Inc. is a nonprofit multi-stakeholder organization which 

measures state oil and gas waste management programs against a set of 

Guidelines developed and agreed to by all the participating parties.

• A Louisiana Review focusing on hydraulic fracturing regulatory practices 

was conducted in November 2010; Findings were issued in March 2011.

• Positive Assessments of Louisiana’s Regulatory Framework:

– Proactive conservation of groundwater resource use.

– Waste water recycling program.

– Public outreach and education.

– Waste disposal regulations.

• Areas for Improvement:

– Updated Casing and Cementing Requirements. (IN PROGRESS)

– More systematic training of Inspectors. (IN PROGRESS)

– Require the reporting of hydraulic fracturing information including component 

constituents of frac fluid. (COMPLETED)

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STRONGER Review
Potential Future Rule Changes

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• Frac Fluid Disclosure

– Disclosure requirements tied to “Right to Know” federal 

law instead of OSHA safety communication rules.

• Casing and Cementing

– Clear design objectives

– Formation Integrity Tests

– Cement evaluation following prolonged drilling

– Liner seal testing 

– Cement top verification in limited circumstances