TITLE 4. CONSERVATION AND NATURAL RESOURCES

DEPARTMENT OF MINES, MINERALS AND ENERGY

Initial Agency Notice

Title of Regulation: 4VAC25-150. Virginia Gas and Oil Regulation.

Statutory Authority: §§ 45.1-161.3 and 45.1-361.27 of the Code of Virginia.

Name of Petitioner: Virginia Oil and Gas Association.

Nature of Petitioner's Request: The membership of the Virginia Oil and Gas Association (Association) petitions the Department of Mines, Minerals and Energy (DMME) to amend the Virginia Gas and Oil Regulation to add a requirement that all companies are required to participate in Frac Focus. Frac Focus is a website developed by the Groundwater Protection Council. This will ensure that all chemicals used for fracing by Virginia's natural gas and oil industries will be fully disclosed and available to the public. The Association believes DMME has the authority under 4VAC25-150 to open the regulation for this limited purpose and this purpose only. Therefore, the Association petitions this new regulation under § 2.2-4007 of the Code of Virginia. This initiative is intended to alleviate public concern that they are not aware of chemicals utilized in the fracing process. Even though this industry has been safely utilizing the fracing process for over 50 years, the Association wants to be totally transparent.

Agency Plan for Disposition of Request: DMME will thoroughly review this petition and determine the appropriate action to take, including the possibility of absorbing this petition in the agency's already published Notice of Intended Regulatory Action for the Virginia Gas and Oil Regulation (4VAC25-150).

Public Comment Deadline: February 26, 2014.

Agency Contact: Michael Skiffington, Program Support Manager, Department of Mines, Minerals and Energy, 1100 Bank Street, 8th Floor, Richmond, VA 23219, telephone (804) 692-3212, or email michael.skiffington@dmme.virginia.gov.

VA.R. Doc. No. R14-06; Filed December 26, 2013, 8:47 a.m.